HomeMy WebLinkAboutDecision 4757 c•
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FILED WITH TOWN CLERK: August 3,2018
PETITION NO: #4757
HEARING DATE: July 26,2018
PETITIONER: New Cingular Wireless PCS, LLC("AT&T")
do Centerline Communications
PROPERTY: Existing Utility Pole#21,as shown on Exhibit A-1,located in the
public right of way adjacent to 6 Wendward Way,Yarmouth (address
is reference only) in the 11-2 Zoning District and the HMOD1 Overlay
District
MEMBERS PRESENT AND VOTING: Steven DeYoung, Chairman,Sean Igoe,Dick Martin,
Thomas Nickinello,and Tom Baron.
Notice of the hearing has been given by sending notice thereof to the Petitioner and all those owners of
property as required by law, and to the public by posting notice of the hearing and publishing in The
Register,the hearing opened and held on the date stated above.
The Petition was presented by Michael R. Dolan,Esq. of Brown Rudnick, LLP,on behalf of New
Cingular Wireless PCS,LLC("AT&T")concerning AT&T's Petition to install, operate and
maintain Small Cell and Cloud Radio Access Network("CRAN")wireless communication
antennas and supporting equipment to be mounted to an existing utility pole(#21), which is
located in the public right of way adjacent to Wendward Way(as shown on Exhibit A-1
submitted with the Petition and incorporated herein by reference)within the B-2 Zoning District
and the 1-IMOD I Overlay District.
The proposed installation will consist of one(1) cylindrical antenna on top of the existing wooden
utility pole at a total height of 37' above ground level, together with related wiring, fiber,conduit,
meter, and other associated antenna equipment,with additional supporting equipment to be
located in a cabinet all mounted on the utility pole.
The Board unanimously concurred that the Petition meets the criteria under §408 of the Town of
Yarmouth Zoning Bylaw(the "Bylaw") for the granting of a Special Permit.
Mr. Martin made a Motion to approve the Petition with conditions, seconded by Mr.Nickinello.
On this Motion, the Board voted unanimously in favor.
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Subject to the following conditions:
1. No additional lighting will be added to the pole by the Petitioner.
2. Petitioner will provide"As Built"plans, submitted within one(1)year of construction to
the Board of Appeals.
3. The facility must meet any and all FAA or other government requirements as may be
applicable.
4. Site Plan waiver granted.
No permit shall issue until 20 days from the filing of this decision with the Town Clerk. This decision
must be recorded at the Registry of Deeds and a copy forwarded to the Board of Appeals. Appeals
from this decision shall be made pursuant to MGL c40A section 17 and must be filed within 20 days
after filing of this notice/decision with the Town Clerk. Unless otherwise provided herein,the Special
Permit shall lapse if a substantial use thereof has not begun within 24 months.(See bylaw,MGL c40A
§9)
Steven DeYoung, Chairman
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Of•YeR COMMONWEALTH OF MASSACHUSETTS
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Appeal#4757 Date: August 24,2018
Certificate of Granting of a Special Permit
(General Laws Chapter 40A, section 11)
The Board of Appeals of the Town of Yarmouth Massachusetts hereby certifies that a Special
Permit has been granted to:
PETITIONER: New Cingular Wireless PCS, LLC("AT&T')
do Centerline Communications, 95 Ryan Dr. Suite#1, Raynham,
MA 02767
OWNER: Eversource Energy,One NSTAR Way,NWBED 180, Westwood,
MA 02090
PROPERTY: Existing Utility Pole#21,as shown on Exhibit A-1, located in the
public right of way adjacent to 6 Wendward Way, Yarmouth(address
is reference only) in the 13-2 Zoning District and the HMOD1 Overlay
District
Affecting the rights of the owner with respect to land or buildings at: Existing Utility Pole#21
as shown on Exhibit A-1, located in the public right of way adjacent to 6 Wendward Way,
Yarmouth (address is reference only) in the B-2 Zoning District and the HMOD1 Overlay
District and the said Board of Appeals further certifies that the decision attached hereto is a true
and correct copy of its decision granting said Special Permit, and copies of said decision, and of
all plans referred to in the decision,have been filed.
The Board of Appeals also calls to the attention of the owner or applicant that General Laws,
Chapter 40A, Section 11 (last paragraph)and Section 13, provides that no Special Permit, or any
extension, modification or renewal thereof, shall take effect until a copy of the decision bearing
the certification of the Town Clerk that twenty(20)days have elapsed after the decision has been
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filed in the office of the Town Clerk and no appeal has been filed or that, if such appeal has been
filed,that it has been dismissed or denied, is recorded in the Registry of Deeds for the county and
district in which the land is located and indexed in the grantor index under the name of the owner
of record or is recorded and noted on the owner's certificate of title. The fee for such recording
or registering shall be paid by the owner or applicant.
Steven DeYoung,Wairman
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:' of TOWN OF YARMOUTH
�',y Town
IL 1146 ROUTE 28,SOUTH YARMOUTH,MASSACHUSETTS 02664-4451 Clerk
Telephone(508)398-2231 Ext. 1285,Fax(508)398-0836
CERTIFICATION OF TOWN CLERK
I, Philip B. Gaudet, HI, Town Clerk, Town of Yarmouth, do hereby certify that 20 days have
elapsed since the filing with me of the above Board of Appeals Decision#4757 that no notice of
appeal of said decision has been filed with me, or, if such appeal has been filed it has been
dismissed or denied. All appeals have been exhausted.
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BARNSTABLE REGISTRY OF DEEDS
John F. Meade, Register