11/06/2002 PLANNING BOARD Minutes

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6. Seacoast (Seacoast) is the Applicant for approval from the Commission for a Wireless Telecommunications Facility exceeding 35 feet above ground level located at Echo Road, Mashpee, MA and shown on Mashpee Assessors Map 19 as parcels 6 and 7. The Application was originally filed at the Commission March 25, 2002. 7. By decision dated September 19, 2002 and filed with the Mashpee Town Clerk on October 4, 2002, the Commission approved the application of Seacoast with conditions. A copy of the decision is attached hereto as Exhibit"A". 8. While the Seacoast application was being considered by the Commission, two similar applications for approval of Wireless Telecommunications Facilities exceeding 35 feet above ground level on two separate sites located in substantially the same telecommunications coverage area filed by the Plaintiff and by Industrial Communications & Electronics, Inc. of Marshfield, MA were pending before the Commission. 9. The Commission is charged with determining the comparative benefits and detriments of Developments of Regional Impact which are those projects that will have impacts beyond their local community. The Applications which are the subject of this action are considered as Developments of Regional Impact. 10. The Commission's review, in compliance with its own rules, must be a comparative regional review and determination of the necessary approval criteria for wireless facilities. These criteria include, without limitation, whether the provisions of the Regional Policy Plan and Wireless Technical Bulletin 97-001 are satisfied, whether there is compliance with the relevant Local Comprehensive Plan and whether there are benefits which outweigh the detriments of the application. 11. The Commission failed to properly make findings and evaluate the relative benefits and detriments of the Plaintiffs proposed site as well as the application of Industrial