HomeMy WebLinkAboutDecision 4758 pi
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"3/49 TOWN OF YARMOUTH
IC BOARD OF APPEALS
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FILED WITH TOWN CLERK: AUGUST 6,2018
PETITION NO: #4758
HEARING DATE: July 26,2018
PETITIONER: New Cingular Wireless PCS, LLC("AT&T")
do Centerline Communications
OWNER: Eversource Energy,One NSTAR Way,NWBED 180,Westwood,
MA 02090
PROPERTY: Utility Pole,as shown on Exhibit A-1, located in the public right of way
adjacent to 304 South Shore Drive,Yarmouth (address is reference
only)in the R-25 Zoning District.
MEMBERS PRESENT AND VOTING: Steven DeYoung(Chairman), Sean Igoe(Vice Chair),
Dick Martin,Tom 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 was 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 a new wooden utility pole, replacing an
existing utility pole,which is located in the public right of way adjacent to South Shore Drive(as
shown on Exhibit A-1 submitted with the Petition and incorporated herein by reference)within
the R-25 Zoning District.
The proposed installation will consist of one(1)cylindrical antenna on top of the replacement
wooden utility pole at a total height of 32' 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 new utility pole.
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Mr.Martin made a Motion to approve the Petition with conditions,seconded by Mr.Nicicinello.
On this Motion, the Board voted unanimously in favor.
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(I)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,Chatrrhan
2
ork COMMONWEALTH OF MASSACHUSETTS
r t.ire-% 0- TOWN OF YARMOUTH
o€ `s y BOARD OF APPEALS
4.raesti"
Appeal#4758 Date: August 27,2018
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
OWNER: Eversource Energy, One NSTAR Way,NWBED 180, Westwood,
MA 02090
PROPERTY: Utility Pole,as shown on Exhibit A-1, located in the public right of way
adjacent to 304 South Shore Drive, Yarmouth(address is reference only)
in the R-25 Zoning District.
Affecting the rights of the owner with respect to land or buildings at: Utility Pole,as shown on
Exhibit A-1,located in the public right of way adjacent to 304 South Shore Drive,
Yarmouth (address is reference only) in the R-25 Zoning 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
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 registeringreshall be paid by the owner or applicant.
S vett n DeYouthairman
(11,1%„ilTOWN OF YARMOUTH Town
%(±1g 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, III, 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 #4758 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