11/06/2002 PLANNING BOARD Minutes

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monies for the development.of the Mashpee Incubator Project located in the Mashpee Industrial Park. Finding 9) The project is not located within a historic district, and comments have been received by Massachusetts Historical Commission to confirm that the project is unlikely to have,impacts on significant historic or archaeological resources. Finding 10) In 1998 the town of Mashpee adopted zoning by-laws establishing requirements, standards and procedures to regulate the permitting and installation of communication structures and buildings within the Town. The property is within the Mashpee Wireless Overlay District which allows towers of up to 200 feet by special permit from the Planning Board. Finding 11) The Commission finds that in regard to height requirements, the project is consistent with local zoning. Finding 12) The 150 foot fall zone is within the,property boundaries. Finding 13) The project is not consistent with the Technical Bulletin and may not be consistent with the Town's by-law establishing setback requirements, which require that the fall zone for communications facilities be the height of the structure (including any antennas or other appurtenances), which in this case is 150 feet, from any property line, habitable dwelling , business or institutional use. An existing industrial building is located within the fall zone of the facility. Under. Section V.D.1 of the Technical Bulletin, to ensure the public interest, the applicant must provide proof of a legal interest in the fall zone. Section V.D.2. of the Technical Bulletin allows the Commission to reduce the required-fall zone by as much as 50% if the Commission.finds that a substantially. better site design will result from such reduction. The distance from the base of the facility to the 50% fall zone perimeter,is approximately 75'. Finding 14) The applicant submitted a letter from Frank A. Maki, Jr. (CCM Realty Trust) stating that thearea within the 50% fall zone will be used for storage of underground burial vaults and other commodities,that the front office space will be reserved for his own use, and that he agrees not to sublet the area within the fall zone to a third party. Finding 15) After considering visual and safety impacts from the project, the Commission hereby finds that because the project is proposed on a developed site and will not entail land clearing, removal of vegetation or construction of a new equipment shelter,-a substantially-better site design will result; and a1all,zone of — approximately 75' is appropriate. (Also refer to Findings 24 and 32). Finding 16) Prior to construction, the applicant will require a Finding from the Planning Board, as the Special Permit granting authority, stating that a substantially better design will result from.such reduction. The applicant may also require a dimensional variance from.the Zoning Board of Appeals to allow a building within the fall zone. Finding 17) At a Subcommittee Meeting on September 5, 2002, Eric Smith, Mashpee's Assistant Town Planner, confirmed that the proposed plans are Seacoast„IncJMashpee DRI Decision 9/19/02 Page 8