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Case 1:19-cv-12333 Document 1-4 Filed 11/13/19 Page'38 of 43 <br /> reasons if they were to deny the tower. The Chair had asked that the project proponent address the <br /> matter,but they did not. <br /> Chairman Waygan,Mr. Balzarini and Mr. Cun�gnings agreed with the finding. <br /> Mr. Phelan and Mr. Callahan disagreed with the finding. <br /> Mr.Balzarini stated his opinion that Town Meeting voted against allowing the placement of the cell <br /> tower at the proposed site and,-therefore,the applicant should not have refiled for another two years, <br /> In addition,the zoning change should have been considered by the Planning Board, and then <br /> considered by the Town. Mr.Phelan stated that Town Counsel, at the meeting, indicated that the <br /> Article was not required and,was irrelevant. The Chair stated that the Board of Selectmen had offered <br /> an amendment to the Article and referenced page 5 which addressed the matter: <br /> TOWN MEETING DID NOT AMEND THE TOWN OF 1VIASHPEE ZONING BYLAW TO <br /> INCLUDE 101 REDBROOKROAD IN THE WIRELESS FACILITY OVERLAYDISTRICT <br /> The Town Meeting is the legislative body for the Town of Mashpee with the power to adopt and amend <br /> laws, referred to as bylaws that regulate the use of land, Mashpee Town Meeting defeated a motion to <br /> amend the zoning bylaw to permit a 150 foot personal wireless service facility at 101 Red Brook Road, <br /> Mashpee, MA (Assessor's Nlap 104,Lot 2). <br /> lvlashpee Annual Town Meeting on October 15, 2018 voted to defeat Article 14: <br /> Article 14: To see if the Town will vote to amend the zoning bylaw Section 174-5. <br /> Establishment of ZoningNlap as follows:At the beginning of Section,c.2 add the phrase "that <br /> parcel of land shown on the 2017 Mashpee Assessor's Maps as Map 104, Block 2 <br /> Explanation: This article would amend the Zoning Bylaw by Including within the Wireless <br /> Facility Overlay District a parcel of Town-owned land in Red Brook Road so that a proposed <br /> cell tower could be permitted(by Planning Board Special Permit)on the property. <br /> In conclusion, Town Meeting voted against amending the zoning bylaw to allow the 1 SO foot personal <br /> wireless service facility at 101-Red Brook Road <br /> Mr.Phelan again stated that Town Counsel had indicated that the Bylaw was not required. The Chair <br /> responded that Town Meeting,the ultimate legislative body, disagreed. The Chair further stated that <br /> she was elected by the people and did not wish to go against the people. Mr.Phelan stated that he was <br /> thinking of the people and public safety. The Chair stated that a Town Meeting vote could not be <br /> ignored. <br /> Chairman Waygan,Mr.Balzarini and Mr. Cummings agreed with the finding. <br /> The Chair returned to page 1 regarding adverse impacts. <br /> PROPOSED MONOPOLE YYO ULD INFLICT THE PRECISE ADVERSE IMPACTS THAT <br /> PROM ION OF'L UA 4FlPF. .ONI N Y B AW WERE L(d T .D TO PR ,V .NT. <br /> The speck intent behind the enactment of the Mashpee Zoning Bylaw: <br /> 7 <br />