HomeMy WebLinkAboutDecision 4773 Bk 31658 Pg207 #56278
11-13-2018 @ 08: 45a
{{ .e 't TOWN OF YARMOUTH
t ! � ! : BOARD OF APPEALS
'.It�y4 . DECISION
•`
FILED WITH TOWN CLERK: October 18,2018
PETITION NO: #4773
FIEARING DATE: October 11,2018
PETITIONER: Ceilco Partnership d/b/a Verizon Wireless
PROPERTY: Existing Utility Pole#24/36 located in public right of way adjacent
to Station Avenue,Yarmouth (SC07)
Nearest Parcel is 210 Station Avenue, Map: 79,Lot: 15 (Address and
parcel is for reference only) Zoning District: R40
Book/Page: n/a
MEMBERS PRESENT AND VOTING: Steven DeYoung, Chairman. Dick Martin,Thomas
Nickinello, Susan Brita 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 Peter D. Anderson, Esq. of McLane Middleton P.A., Ralph
Colorusso of Nexius and Dan Brown of CSquared Systems on behalf of Celico Partnership d/b/a
Verizon Wireless ("VZW") concerning VZW'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 #24/36. which is located in the
public right of way adjacent to Station Avenue, Yarmouth, in an R-40 Zoning District.
The proposed installation will consist of a 38.7-inch tall canister antenna, which will be mounted
to the side of an existing utility pole. The antenna resembles a traditional electric transformer
similar to those already located on utility poles throughout the area. Additional supporting
equipment (including a remote radio head, electrical junction box and meter, and fiberoptic and
power connections) will be mounted to the exterior of the pole, resulting in a self-contained
antenna facility without the need for further infrastructure.
1
Bk 31658 Pg208 #56278
The Board unanimously concurred that the Petition meets the criteria under§408 of the Town of
Yarmouth Zoning Bylaw ("Bylaw") for a Special Permit. The Board further unanimously
concurred that VZW has satisfied the requirements of§408.4.1 of the Bylaw with respect to its
requests for waivers from §408.6.2.5 and §408.6.2.5 (regarding Town-wide maps showing
• existing and proposed future Personal Wireless Service Facilities in the Town), §408.6.3.3
(regarding siting elevations),§408.6.4 (regarding Design Filing Requirements).
Tom Baron made a Motion to approve the Petition with conditions, seconded by Thomas
Nickinello. On this Motion,the Board voted unanimously in favor(approved 5-0).
it Subject to the following conditions:
L No new lighting will be added by Applicant,per approved small cell site.
2. Applicant will provide"As Built"plans, per site, submitted within 1 year of construction,
per site,to the Zoning Board of Appeals & Board of Health.
3. Applicant will provide emissions report,per site to the Board of Health.
{ 4. Each approved site must meet any &all FAA or other government requirements.
5. Applicant must submit emissions report of compliance with maximum permissible
JJ radiation, per site,to be filed with the Zoning Board of Appeals and the Board of Health.
6. §408.12.3 Waiver for Abandonment or Discontinuation of Use —approved.
7. 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 Hoard 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)
i
Steven DeYoung, Cft`t,tfman
I
Bk 31658 Pg209 #56278
0*--::1% • '?!raw, COMMONWEALTH OF MASSACHUSETTS
4.-"--4,.� � TOWN OF YARMOUTH
1�-t-� +,'� BOARD OF APPEALS
‘4r4b.k w '
Vt 4,140.0' g'
Appeal #4773 Date: November 8,2018
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: Cellco Partnership d/b/a Verizon Wireless
c/o McLane Middleton, P.A., 900 Elm St., Manchester, N.H. 03101
OWNER: (1)Eversource Energy, One NSTAR Way,NWBED 180,Westwood. MA 02090
(2) Verizon Communications, Inc., 185 High St., Boston. MA 02111
Affecting the rights of the owner with respect to land or buildings at: Existing utility pole
#24/36 located in public right of way adjacent to Station Avenue, Yarmouth, Nearest Parcel
is 210 Station Avenue,Map: 79, Lot: 15(Address and parcel is reference only) Zoning
District: R-40; 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 Pennit,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
registering shall be paid by the owner or applicant.
Steven ung. airman
• Bk 31658 Pg210 #56278
(14,---114,\, TOWN OF YARMOUTH Town
,�
' 'ai y Clerk
-e` � ;K,r 1 146 ROUTE 28, SOUTH YARMOUTH,MASSACHSETTS 026644451
g�'^fir ,` 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#4773 that no notice of
appeal of said decision has been filed with mc, or, if such appeal has been filed it has been
11,L �iised or denied. All appeals have been exhausted.
' 44 to
-..:. • • ., ..;
. ._ .7..., . . .
...yk.. .41,. ;..
t tivi.i.
J._
, %.
.c4; ct _tx. ...../sl, .....v, ,
��� f1
k �'�P �4au � , 1'
169 �. . 47
1.<. linoril/
JOHN F. MEADE, REGISTER
BARNSTABLE COUNTY REGISTRY or DEEDS
RECEIVED 6 RECORDED ELECTRONICALLY