2018.01.08 Council Agenda Item 05

Summary

Reconsideration of an Ordinance to establish conditional rezoning for the construction of a Tier III Personal Wireless Facility on Falmouth Road, Map-Lot R04-022.

*Please note: this item is subject to a procedural "motion to reconsider". There is no opportunity for public comment on procedural motions. Should this motion fail, this item will not be heard. Should the motion pass, a public comment period will not be included with this item as public comment was taken at an earlier date.

ACTION: Council action is possible.

Description

According to Council Rules, Section 16 B: "Motion for Reconsideration: When a vote is passed, on any matter or motion, it shall be in order for any Councilor who voted in the majority, or in the negative on a tie vote, to move a reconsideration thereof at the same, or the next stated meeting, but not afterwards. This motion is subject to debate if the motion proposed to be reconsidered is also subject to debate; when a motion of reconsideration is decided, that vote shall not be reconsidered."

Councilor Kitchel has indicated that he intends to move to reconsider this ordinance in conformance with this rule. A motion to reconsider requires a simple majority of the Council in order to pass. Should the motion to reconsider pass, the effect of the original vote on the ordinance on December 11, 2017 will be suspended and the Council can either resume their debate of the proposed ordinance immediately or schedule it for a future Council meeting.  Should the motion to reconsider fail, the ordinance will take effect as approved on December 11. 

The Council has held several hearings and workshops to take public input and discuss the conditional rezoning request for the development of a wireless facility on Falmouth Road.  Attached to this item are a copy of the original draft conditions and restrictions, a copy of an amended draft submitted by the applicant, comments from the Planning Board hearing and a staff memo on the process to date.

Attachments:

  • Draft conditions and restrictions, as proposed by applicant
  • Draft conditions and restrictions, as recommended by Planning Board
  • Original Draft conditions and restrictions
  • MRA Hearing memo
  • Staff memo, dated December 5, 2017
  • Plan set
  • Conservation area Exhibit A
  • Ordinance 82-2018, as amended and approved December 11, 2017