The URL can be used to link to this page

Home My WebLink AboutPetition #4862 Application for Special Permit Utility Pole #63/1 Within State Right of Way of East Main Street  Massachusetts New Hampshire 210 Broadway, Suite 203, Lynnfield, MA 01940 3 No. Spring St., Suite 101, Concord, NH 03301 www.dkt-legal.com Daniel D. Klasnick Licensed in Massachusetts and New Hampshire dklasnick@dkt-legal.com August 28, 2020 Town of Yarmouth Board of Appeals 1146 Route 28 Yarmouth, Massachusetts 02664 Re: Application for Special Permit to install small cell equipment Applicant: Cellco Partnership d/b/a Verizon Wireless Dear Board Members: The enclosed submission by Cellco Partnership d/b/a Verizon Wireless is an application for a special permit to install a small wireless facility in the public right-of-way to enhance Verizon Wireless’ communications network operated pursuant to licenses issued by the Federal Communications Commission (“FCC”). In compliance with the Yarmouth Board of Appeals Application Rules and Regulations, this submission includes the specified two (2) original signed application forms, application fee, abutter mailing fee, six (6) sets of the complete application packet including project narrative outlining compliance with the bylaw standards for the proposed small cell facility, letter of authorization from the pole owner, certified stamped plans and exhibits that detail each proposal and its compliance with existing legal requirements including RF Affidavit, Radio Frequency Emission Compliance letter, FCC Licenses and Site Plan Waiver email from the Director of Inspectional Services/Building Commissioner. Verizon Wireless would be happy to provide any additional information that you may require and would appreciate reasonable notice of any additional information you require in time to provide such information for the Board of Appeals meeting. 2 The Applicant looks forward to meeting with you and presenting this Application. Should the Board of Appeals require any additional information, please contact me at (781) 873-0021. Thank you. Very truly yours, _______________________________ By: Daniel D. Klasnick Attorney at Law demonstrates that no undue nuisance, hazard, or congestion will be created and that there will be no substantial harm to the established or future character of the neighborhood nor of the town. TOWN OF YARMOUTH BOARD OF APPEALS APPLICATION FOR HEARING Appeal#:__________________ Hearing Date: _______________________Fee$___________ Owner-Applicant: _____________________________________________________________ (Full Names- including d/b/a) ______________________________________________________________________________ (Address) (Telephone Number)(Email Address) and is the (check one)  Owner  Tenant  Prospective Buyer Other Interested Party Property: This application relates to the property located at:_____________________________ __________________ and shown on the Assessor's Map #:___________as Parcel#: __________ Zoning District:_________ If property is on an un-constructed (paper) street name of nearest cross street, or other identifying location:__________________________________________________ Project: The applicant seeks permission to undertake the following construction/use/activity (give a brief description of the project. i.e.: “add a 10' by 15' deck to the front of our house” or “change the use of the existing building on the property"): RELIEF REQUESTED: The applicant seeks the following relief from the Board of Appeals: _____________________________________________________________________________ _____________________________________________________________________________ _____________________________________________________________________________ 1)_____REVERSE THE DECISION OF THE BUILDING INSPECTOR OR THE ZONING ADMINISTRATOR dated ______attach a copy of the decision appealed from). State the reason for reversal and the ruling which you request the Board to make._________________________ _____________________________________________________________________________ _____________________________________________________________________________ 2)____ SPECIAL PERMIT under §_______________of the Yarmouth Zoning By-law and/or for a use authorized upon Special Permit in the "Use Regulation Schedule" §202.5 ______.(use space below if needed) 3)____VARIANCE from the Yarmouth Zoning By-law. Specify all sections of the by-law from which relief is requested, and, as to each section, specify the relief sought: Section: __________ Relief sought: _______________________________________________ Section: __________ Relief sought: _______________________________________________ Section: __________ Relief sought: _______________________________________________ ADDITIONAL INFORMATION: Please use the space below to provide any additional information which you feel should be included in your application: Cellco Partnership d/b/a Verizon Wireless 210 Broadway, Suite 203, Lynnfield, MA 01940 (781) 873-0021 dklasnick@dkt-legal.com 408 F7 Utility Pole #63/1 located in ROW on East Main Street 36 84* *Utility Pole in ROW adjacent to property at 23 East Main Street B3 October 8, 2020 200.00 ______________________________________________________________________________ ______________________________________________________________________________ FACT SHEET Current Owner of Property as listed on the deed (if other than applicant): ________________ ______________________________________________________________________________ Name & Address Title deed reference: Book & Page#___________________or Certificate #__________________ Land Court Lot #_________Plan #________ (provide copy of recent deed) Use Classification: Existing: _________________________§202.5 #________________ Proposed: _________________________§202.5 #________________ Is the property vacant: ______________ If so, how long?: ____________________ Lot Information Size/Area: ____________Plan Book and Page ________/______Lot#______ Is this property within the Aquifer Protection Overlay District? Yes ________ No ________ Have you completed a formal commercial site plan review (if needed)? Yes____ No_______ Other Department(s) Reviewing Project: Indicate the other Town Departments which are/ have/ or will review this project, and indicate the status of their review process:______________ ______________________________________________________________________________ ______________________________________________________________________________ Repetitive Petition: Is this a re-application: _______ If yes, do you have Planning Board Approval? _________ Prior Relief: If the property in question has been the subject of prior application to the Board of Appeals or Zoning Administrator, indicate the date and Appeal number(s) and other available information. Include a copy of the decision(s) with this application: ______________________________________________________________________________ ______________________________________________________________________________ Building Commissioner Comments: ________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ___________________________________________________________________ Applicant’s /Attorney /Agent Signature Owner's Signature Address:_______________________________ ______________________________________ Phone_________________________________ E-Mail:________________________________ ____________________________________ Building Commissioner Signature Date Site Plan waived by Mark Grylls, Director of Inspectional Services/Building Commissioner Please see attached Letter of Authorization 210 Broadway, Suite 203 Lynnfield, MA 01940 (781) 873-0021 dklasnick@dkt-legal.com Not Applicable Not Applicable Not Applicable F7Small Cell Communications Facility Utility Pole Utility Pole in ROW Eversource Energy d/b/a NSTAR Electric, One NSTAR Way, Westwood, MA 02090 /s/ Daniel D. Klasnick ABUTTERS LIST Petition#_______________ Name_____________________________________ Filing Date:________________Hearing Date:___________________________ Property Location:_________________________________________________ Notices must be sent to the petitioner (applicant), abutters, and owners of land directly opposite on any public or private street or way, and abutters to the abutters (only within 300 feet of the property line) of the petitioner as they appear on the most recent applicable tax list. Provide only the abutters map and lot number . Postage charges for all applications will be determined by multiplying the number of abutters (and the parcel (s)in question) times .56¢, which is the current cost for the two required mailings. Add that to the application fee and include your check with the application. Map Number Lot Number Map Number Lot Number Applicant # Abutters #’s 2 Labels-1 Hard Copy ______________________________ Assessors Field Card with photo Andy Machado, Director of Assessing SCHEDULE OF BOARD OF APPEALS MEETINGS FOR 2020 (subject to change) Cellco Partnership d/b/a Verizon Wireless Utility Pole in ROW on East Main Street. Adjacent to property: 23 East Main Street (Map 36, Lot 84) - For location reference only August 31, 2020 October 8, 2020 Please see attached List 28/ 58.1.1/ / / CAPE COD HOSPITAL 25 COMMUNICATION WAY HYANNIS , MA 02601 36/ 97/ / / K AND E PLUS THREE ENT II LLC C/O PROPERTY TAX DEPT 16 EAST MAIN ST WESTBOROUGH , MA 01581 36/ 96/ / / AKKAWI BROTHERS LLC 403 CAIRN RIDGE RD EAST FALMOUTH , MA 02536 36/ 100/ / / HANDEL EDWARD K TR MAIN ST RLTY TRUST 59 HORSESHOE BEND WAY MASHPEE , MA 02649 36/ 99/ / / REALTY OF CAPE COD LLC 55 CHRISTY DR BROCKTON , MA 02301 36/ 101/ / / FOSTER FRANCIS X P O BOX 2628 HYANNIS , MA 02601 36/ 102/ / / SCHLEGEL PAUL F 34 MAIN ST WEST YARMOUTH , MA 02673 36/ 103/ / / KALDIS MARIA PO BOX 2076 DENNIS , MA 02638 36/ 104.1/ / / CODE REALTY LLC 540 MAIN ST UNIT 18 HYANNIS , MA 02601 36/ 93/ / / CAPE COD HOSPITAL C/O ACCOUNTS PAYABLE DEPT 25 COMMUNICATION WAY HYANNIS , MA 02601 36/ 92/ / / CAPE COD HOSPITAL ATTN: FINANCIAL SERVICES 25 COMMUNICATION WAY HYANNIS , MA 02601 36/ 85/ / / LUTZ SHIRLEY A TR SHIRLEY A LUTZ LVG TRUST 48 CROOKED POND RD HYANNIS , MA 02601 36/ 84/ / / HAYES MICHAEL J 1 CHANNEL POINT DR WEST YARMOUTH , MA 02673 36/ 90/ / / CAPE COD HOSPITAL DIRECTOR OF FINANCE 25 COMMUNICATION WAY HYANNIS , MA 02601 36/ 91/ / / CAPE COD HOSPITAL 25 COMMUNICATION WAY HYANNIS , MA 02601 36/ 83/ / / DRIVE-O-RAMA INC PO BOX 95 DENNISPORT , MA 02639 36/ 82.1/ / / PATEL KISHOR K 41 ROUTE 28 WEST YARMOUTH , MA 02673 36/ 87/ / / LUTZ SHIRLEY A TR SHIRLEY A LUTZ LVG TRUST 48 CROOKED POND RD HYANNIS , MA 02601 36/ 89/ / / BUILDING DREAMS INC 692 WALNUT PLAIN RD ROCHESTER , MA 02770 36/ 86/ / / LUTZ SHIRLEY A TR SHIRLEY A LUTZ LVG TRUST 48 CROOKED POND RD HYANNIS , MA 02601 36/ 82.2.2/ / / VARDAN HUGH MOYLAN JOHN 67 BILLINGS ST QUINCY , MA 02171 36/ 82.2.1/ / / SILVA JOAO PO BOX 559 NORTH CHATHAM , MA 02650 1 TOWN OF YARMOUTH NARRATIVE IN SUPPORT OF APPLICATION FOR SPECIAL PERMIT APPLICANT: Cellco Partnership d/b/a Verizon Wireless SMALL CELL LOCATION: On a replaced utility pole #63/1 located in the state highway layout on East Main Street, Yarmouth, MA This Narrative in Support of the Application for Special Permit (with all rights reserved) for the installation of small cell equipment on a replaced utility pole located in the state highway layout is respectfully submitted by Cellco Partnership d/b/a Verizon Wireless (“Verizon Wireless” or “Applicant”) to the Town of Yarmouth, Zoning Board of Appeals (the “Board”). POLE ATTACHMENT RIGHTS Verizon Wireless has entered into a Pole Attachment License Master Agreement with Eversource the Owner of the utility pole to install the small cell equipment. Eversource has provided full and complete authorization to Verizon Wireless and its representatives to apply for all necessary zoning permits, petitions or any other necessary approvals for the proposed small cell equipment installation. See Exhibit 1, Letter of Authorization. PROJECT SUMMARY The proposed small installation will include installing one (1) canister st yle a ntenna mounted on the side of the utility pole at a maximum height of 22.7’ above ground level, two (2) remote radio heads, and associated wires, cables, fiber demac, diplexer and electric meter to the replaced utility pole with an overall installed height of approximately 38.5’ as shown on the attached Plans Titled YARMOUTH_SC32_MA prepared by Nexius with a last revision date of 08/03/2020. Similar to a telephone or cable companies’ utility pole equipment, the proposed small cell installations consist of a single antenna and small radios that will be mounted on the replaced utility pole that carries electric and communications services. The Verizon Wireless equipment will draw power by connecting to the existing electrical service on the pole. It will also tie into to the fiber already on the pole to make a backhaul connection to an existing equipment room. The install will not include any ground equipment. See Exhibit 2, Site Drawings. 2 JUSTIFICATION OF NEED These small cell facilities operate as an integral part of the Verizon Wireless network and will improve the reliability of service for Yarmouth residents and businesses. The proposed small cell facility will provide improved service to areas where this service is currently unavailable or unreliable because the signal is dissipated by the distance from the nearest macro facility, obstructed by the intervening terrain, or diverted by high demand closer to the macro facility. The small cell installation is designed to improve wireless service in areas of high wireless usage in Yarmouth. In order to further upgrade service, Verizon Wireless will need to install the proposed small cell equipment on the replaced utility pole #63/1, which is located in the state highway layout of East Main Street in the Town of Yarmouth that will both address gaps in reliable coverage and enhance system performance. See Exhibit 3, Affidavit of Radio Frequency Engineer. See Exhibit 4, Radio Frequency Emissions Compliance. See Exhibit 5, FCC License. SATISFACTION OF SPECIAL PERMIT REVIEW STANDARDS Small Cell technology provides for the continued deployment of Verizon Wireless’ network in Yarmouth and the greater Commonwealth. The small size and unique design of Small Cell units allows Verizon Wireless to strategically install antennas in high demand locations while mitigating visual impact and increasing wireless performance in targeted areas in Yarmouth. In contrast to conventional single-location, multi-function, macro wireless facilities (e.g. telecommunication towers), small c ell technology provides site-specific, multi-location network solutions in small, visually unobtrusive units. Verizon Wireless uses small c ell antennas to combine transmission and processing in a single canister style unit allowing antenna placement and signal creation without the need for onsite ground equipment. This type of sign a l processing is highly advantageous in high demand municipalities where network capacity is an issue during periods of peak use. Subsequently, municipalities can substantially improve wireless coverage by utilizing this state-of-the-art and discreet antenna technology. Verizon Wireless proposes the installation of one (1) s mall cell unit on a replaced utility pole #63/1 located on East Main Street. This installation consists of a 14.0"x 35.4" H canister antenna side mounted on the replaced utility pole and resembles a common electric transformer. This antenna complies with all applicable FCC radio frequency emission standards and regulations, and requires minimal maintenance. Subsequently, this antenna will not impact utilities, schools, traffic or other municipal resources in the Town of Yarmouth. 3 Due to rapidly increasing wireless demands and the immediate availability of this technology, Verizon Wireless is endeavoring to continue the r a pid deployment of small c ell units throughout Massachusetts in 2020. To this end, Verizon Wireless secured an agreement with Eversource to license and obtain approval of these installations on utility poles throughout the state. This Facility complies the Town of Yarmouth Zoning Bylaws. The Town of Yarmouth Zoning Bylaws provides guidelines for Wireless Communications Facilities under Article 408. As described herein, Verizon Wireless' proposed small cell unit is a canister style antenna slated for installation on a replaced utility pole in B3 zoning district. To ensure compliance with the Yarmouth Zoning Bylaws, Verizon Wireless has received a determination from Mark Grylls, Director of Inspectional Services/Building Commissioner on August 12, 2020. In his email, Mr. Grylls confirmed that small cell antennas on a utility pole do not require site plan review and are permitted upon issuance of a special permit. See Exhibit 6, Email from Mark Grylls, Director of Inspectional Services/Building Commissioner. With consideration of the small size and scope of the proposed installation of small cell equipment and exceedingly limited visual impact of this new technology, Verizon Wireless has requested several waivers (please see below) pursuant to Article 408.4.1 of the Zoning Bylaw. T he Applicant believes that the information will not tend to provide substantive assistance to the Board and therefore the Applicant requests a waiver from any such requirements or, in the alternative, a determination of non-applicability for all standards and requirements that do not apply to the installation of small cell equipment on the utility pole. Verizon Wireless lists and addresses relevant sections of Yarmouth Zoning Bylaw Article 408 below, with responses to each requirement in bold font. 408.6 Application Filing Requirements. The following shall be submitted to Site Plan Review and included with an application to the Board of Appeals for all Communications Facilities: 408.6.1 General Filing Requirements. Plans, Per section 103.3.4, are required. Please see attached at Exhibit 2, Plans. 408.6.2 Location Filing Requirements. 1. Tax map and parcel number of subject property. 2. Zoning district designation for the subject parcel. 4 3. Proposed location of any antenna, mount, tower, mount, or equipment shelter. Please See attached Application and Plans attached at Exhibit 2. 4. Proposed security barrier, indicating type and extent as well as point of controlled entry. Not Applicable. The installation is for small cell antenna mounted on a utility pole in the right of way. 5. If the application is for a Personal Wireless Service Facility a town-wide map showing other existing Personal Wireless Service Facility in the Town and outside the Town within one mile of its corporate limits. Waiver requested. With consideration of the small size and scope of the proposed installation of small cell equipment a waiver is appropriate. 6. If the application is for a Personal Wireless Service Facility, a plan showing the proposed locations of all existing and future Personal Wireless Service Facilities in the Town on a Town-wide map for this carrier. Waiver requested. With consideration of the small size and scope of the proposed installation of small cell equipment a waiver is appropriate. 408.6.3 Siting Filing Requirements 1. A one inch equals 40 feet (1"=40') Vicinity Plan showing the following: A. Property lines for the subject property. B. Property lines of all properties adjacent to the subject property within 300 feet. C. Tree cover on the subject property and adjacent properties within 300 feet, by dominant species and average height, as measured by or available from a verifiable source. D. Outline of all existing buildings and accessory structures, including purpose (e.g. residential buildings, garages, accessory structures, etc.) on subject property and all adjacent properties within 300 feet. E. Proposed location of antenna, mount and equipment shelter(s). Please See Plans attached as Exhibit 2. F. Proposed security barrier, indicating type and extent as well as point of controlled entry. Location of all roads, public and private, on the subject property and on all adjacent properties within 300 feet including driveways proposed to serve the 5 Communications Facility. G. Distances, at grade, from the proposed Communications Facility to each building on the vicinity plan. H. Contours at each two feet above mean sea level for the subject property and adjacent properties within 300 feet. I. All proposed changes to the existing property, including grading, vegetation removal and temporary or permanent roads and driveways. J. Representations, dimensioned and to scale, of the proposed mount, antennas, equipment shelters, cable runs, parking areas and any other construction or development attendant to the Communications Facility. K. Lines representing the sight line showing viewpoint (point from which view is taken) and visible point (point being viewed) from "Sight Lines" sub-section below. 2. Sight lines and photographs as described below: A. Sight line representation. A sight line representation shall be drawn from any public road within 300 feet and the closest facade of each residential building (viewpoint) within 300 feet to the highest point (visible point) of the Communications Facility. Each sight line shall be depicted in profile, drawn at one inch equals 40 feet. The profiles shall show all intervening trees and buildings. In the event there is only one (or more) residential building within 300 feet there shall be at least two sight lines from the closest habitable structures or public roads, if any. B. Existing (before condition) photographs. Each sight line shall be illustrated by one four-inch by six-inch color photograph of what can currently be seen from any public road within 300 feet. C. Proposed (after condition). Each of the existing condition photographs shall have the proposed Communications Facility superimposed on it to show what will be seen from public roads if the proposed Communications Facility is built. D. Visual Impact. Photographic simulations from a distance of one hundred, one thousand, and five thousand feet and from four different locations of approximately ninety degrees apart of the proposed Communication Facility. 3. Siting elevations, or views at-grade from the north, south, east and west for a 50- foot radius around the proposed Communications Facility plus from all existing public and private roads that serve the subject property. Elevations shall be at either one-quarter inch equals one foot or one-eighth inch equals one foot scale 6 and show the following: A. Antennas, mounts and equipment shelter(s), with total elevation dimensions and AGL of the highest point. B. Security barrier. If the security barrier will block views of the personal wireless service facility, the barrier drawing shall be cut away to show the view behind the barrier. C. Any and all structures on the subject property. D. Existing trees and shrubs at current height and proposed trees and shrubs at proposed height at time of installation, with approximate elevations dimensioned. E. Grade changes, or cuts and fills, to be shown as original grade and new grade line, with two-foot contours above mean sea level. Waivers requested. Site Plan waived, please see email from Mr. Grylls, Director of Inspectional Services/Building Commissioner attached as Exhibit 6. 408.6.4 Design Filing Requirements 1. Equipment brochures for the proposed Communications Facility such as manufacturer's specifications or trade journal reprints shall be provided for the antennas, mounts, equipment shelters, cables as well as cable runs, and security barrier, if any. 2. Materials of the proposed Communications Facility specified by generic type and specific treatment (e.g., anodized aluminum, stained wood, painted fiberglass, etc.). These shall be provided for the antenna, mounts, equipment shelters, cables as well as cable runs, and security barrier, if any. 3. Colors of the proposed Communications Facility represented by a color board showing actual colors proposed. Colors shall be provided for the antennas, mounts, equipment shelters, cables as well as cable runs, and security barrier, if any. 4. Dimensions of the Communications Facility specified for all three directions: height, width and breadth. These shall be provided for the antennas, mounts, equipment shelters, and security barrier, if any. 5. Appearance shown by at least two photographic superimpositions of the Communications Facility within the subject property. The photographic superimpositions shall be provided for the antennas, mounts, equipment shelters, cables as well as cable runs, and security barrier, if any, for the total height, width and breadth. 6. Landscape plan including existing trees and shrubs and those proposed to be added, 7 identified by size of specimen at installation and species. 7. Within 30 days of the pre-application conference, or within 21 days of filing an application for a Special Permit, the applicant shall arrange for a balloon or crane test at the proposed site to illustrate the height of the proposed facility. The date, time and location of such test shall be advertised in a newspaper of general circulation in the Town at least 14 days, but not more than 21 days prior to the test. 8. If lighting of the site is proposed, the applicant shall submit a manufacturers computer- generated point-to-point printout, indicating the horizontal foot-candle levels at grade, within the property to be developed and twenty-five (25) feet beyond the property lines. The printout shall indicate the locations and types of luminaries proposed. Waivers requested. With consideration of the small size and scope of the proposed installation of small cell equipment a waiver is appropriate. 408.6.5 Noise Filing Requirements The applicant shall provide a statement listing the existing and maximum future projected measurements of noise from the proposed personal wireless service facilities, measured in decibels Ldn (logarithmic scale, accounting for greater sensitivity at night), for the following: 1. Existing, or ambient: the measurements of existing noise. 2. Existing plus proposed Communications Facilities: maximum estimate of noise from the proposed facility plus the existing noise environment. Such statement shall be certified and signed by an acoustical engineer, stating that noise measurements are accurate and meet the Noise Standards of this Bylaw. There is no noise generated by the proposed small cell utility pole attachment. 408.7 Design. 408.7.1 General. All Communications Facilities shall be designed and sited so as to have the least adverse visual effect on the environment. Only self-supporting monopole type towers are permissible. Lattice towers, or the use of ground anchors and/or guy wires, are prohibited. All towers and antennas must meet or exceed current standards and regulations of the FAA, the FCC, and any other agency of the federal, state, and county government with the authority to regulate towers and antennas. If such standards and regulations are changed, then the owners of the towers and/or antennas governed by this ordinance shall bring such towers and/or antennas into compliance with such revised standard and regulations within six (6) months of the effective date of such standards and regulations unless a more stringent compliance schedule is mandated by the controlling federal agency. Failure to bring towers 8 and/or antennas into compliance with such revised standards and regulations shall constitute grounds for the removal of the tower or antenna at the owner's expense. To the extent aspects are applicable to the installation of small cell equipment on a utility pole and not otherwise preempted by federal law or regulations, Verizon Wireless will comply with this bylaw requirement. 408.7.2 Location. No Communications Facility, antenna, or tower may be located in the Town of Yarmouth except as noted in this bylaw. 408.7.2.1 Allowed Areas. 1. The siting of Personal Wireless Service Facilities shall be allowed in any zoning district, but is especially encouraged on existing structures, where appropriate, and on sites shown on a map entitled "Town of Yarmouth Inventory of Existing Antenna Sites and Possible Antenna Sites," as currently amended. This map may be amended by Town Meeting action. 2. Communication antennas, buildings, or towers other than those for Personal Wireless Service Facilities (i.e., those not defined in the Telecommunications Act of 1996) shall be allowed, by Special Permit, only on sites shown on a map entitled "Town of Yarmouth Inventory of Existing Antenna Sites and Possible Antenna Sites," as currently amended. 408.7.3 Co-location. If feasible and appropriate, Personal Wireless Service Facilities shall be located on existing structures, including but not limited to buildings, water towers, existing Communications Facilities, utility poles and towers, and related facilities, provided that such installation preserves the character and integrity of those structures. In particular, applicants are urged to consider use of existing telephone and electric utility structures as sites for one or more Personal Wireless Service Facilities. The applicant shall have the burden of proving that there are no existing structures upon which it is feasible to locate. Not Applicable. The small cell installation will be located on the utility pole. 408.7.3.1 Licensed carriers shall share Personal Wireless Service Facilities and sites where feasible and appropriate, thereby reducing the number of Personal Wireless Service Facilities that are stand-alone facilities. All applicants shall demonstrate a reasonable good faith effort to co-locate with other carriers. Such reasonable good faith effort includes: 1. A survey of all existing structures that may be feasible sites for co-locating Personal Wireless Service facilities; 2. Contact with all the other licensed carriers for commercial mobile radio services operating in the County, and; 3. Sharing information necessary to determine if co-location is feasible under the design configuration most accommodating to co-location. 9 Not Applicable. The small cell installation will be located on the utility pole. 408.7.3.2 In the event that co-location is found to be not feasible, a written statement of the reasons for the infeasibility shall be submitted to the Board of Appeals. The Board of Appeals may retain a technical expert in the field of RF engineering to verify if co-location at the site is not feasible or is feasible given the design configuration most accommodating to co- location. The cost for such a technical expert will be at the expense of the applicant. The Board of Appeals may deny a Special Permit to an applicant that has not demonstrated a reasonable good faith effort to provide for co-location. Not Applicable. The small cell installation will be located on the utility pole. 408.7.3.3 If the applicant does intend to co-locate or to permit co-location, the Board of Appeals shall request drawings and studies, at the applicant’s expense, which show the ultimate appearance and operation of the Personal Wireless Service Facility at full build-out. Not Applicable. The small cell installation will be located on the utility pole. 408.7.4 Historic Buildings and Districts 1. Any Personal Wireless Service Facilities located on or within an historic structure shall not alter the character-defining features, distinctive construction methods, or original historic materials of the building. Not Applicable. The small cell installation will be located on the utility pole. 2. Any alteration made to an historic structure to accommodate a Communications facility shall be fully reversible. Not Applicable. The small cell installation will be located on the utility pole. 3. Personal Wireless Service Facilities within the Old King's Highway Regional Historic District shall be concealed within or behind existing architectural features, or shall be located so that they are not discernable from public roads and viewing areas within the district. Not Applicable. The utility pole is not within the Old King’s Highway Regional Historic District. 4. The siting of Communications Facilities which are located in the Old King's Highway Regional Historic District require the additional approval of the appropriate authority. Not Applicable. The utility pole is not within the Old King’s Highway Regional Historic District. 10 408.7.5 Scenic Landscapes and Vistas 1. Personal Wireless Service Facilities shall not be located within open areas that are discernable from public roads, recreational areas, or residential development. Not Applicable. The small cell installation will be located on the utility pole. 2. Any Communications Facility that is located within 300 feet of a scenic road, as designated by the town, shall not exceed the height of vegetation at the proposed location. If the facility is located farther than 300 feet from the scenic road, the height regulations described in 408.7.6.1 shall apply. Not Applicable. The small cell installation will be located on the utility pole. 3. Personal Wireless Service Facilities shall not be located within the Viewshed as designated and located in the VCOD. Not Applicable. The small cell installation will be located on the utility pole. 408.7.6 Dimensional Requirements. All Communications Facilities shall comply with the dimensional and setback requirements of Bylaw section 203 (Intensity of Use Regulations). 408.7.6.1 Height, General. Regardless of the type of mount, Personal Wireless Service Facilities shall be no higher than ten feet above the average height of buildings within 300 feet of the proposed facility. Personal Wireless Service Facilities may locate on a building that is legally non-conforming with respect to height, provided that the facilities do not project above the existing building height. Not Applicable. The small cell installation will be located on the utility pole. 408.7.6.2 Height, Ground-Mounted Facilities. Ground-mounted Personal Wireless Service Facilities shall not project higher than ten feet above the average building height or, if there are no buildings within 300 feet, these facilities shall not project higher than ten feet above the average tree canopy height, measured from ground level (AGL). In no case may height exceed 200 feet above ground level. Not Applicable. The small cell installation will be located on the utility pole. 408.7.6.3 Height, Side- and Roof-Mounted Facilities. Side- and roof-mounted Personal Wireless Service Facilities shall not project more than ten feet (10') above the height of an existing building nor project more than ten feet above the height limit of the zoning district within which the facility is located. Personal Wireless Service Facilities may locate on a building that is legally non-conforming with respect to height, provided that the facilities do not project above the existing building height. 11 Not Applicable. The small cell installation will be located on the utility pole. 408.7.6.4 Height, Existing Structures. New antennas located on any of the following structures existing on the effective date of this bylaw shall be exempt from the height restrictions of this bylaw provided that there is no increase in height of the existing structure as a result of the installation of a Communications Facility: guyed towers, lattice towers, and monopoles. Not Applicable. The small cell installation will be located on the utility pole. 408.7.6.5 Height, Existing Structures, (Utility). New antennas located on any of the following existing structures shall be exempt from the height restrictions of this bylaw provided that there is no more than a twenty foot (20') increase in the height of the existing structure as a result of the installation of a Communications Facility: electric transmission and distribution towers, water towers, telephone poles and similar existing utility structures. This exemption shall not apply in the Old King’s Highway Regional Historic District, within 300 feet of the right-of-way of any scenic roadway. The small cell installation on the utility pole will comply with this requirement. 408.7.6.6 Microwave antennas exceeding 12 inches in diameter on a roof or building- mounted facility shall not exceed the height of the structure to which they are attached, unless fully enclosed. Not Applicable. The small cell installation will be located on the utility pole. 408.7.7 Parking Requirements. All Communications Facilities must meet the parking and buffer requirements of Bylaw section 301 (Parking and Loading Requirements). Not Applicable. The small cell installation will be located on the utility pole. 408.7.8 Fall Zones. Communications towers, whether free-standing or part of another structure or building, must be set back from all property lines by at least the total height of the tower structure and its appurtenances. Not Applicable. The small cell installation will be located on the utility pole. 408.7.9 Aesthetics. 408.7.9.1 Landscaping. Existing mature tree growth and natural land forms on sites shall be preserved to the maximum extent possible. Screening for sites buffers and parking lots must meet the criteria outlined in section 301 Parking and Loading. In addition, the base of communication towers shall be screened from view by a minimum four (4) foot wide planting strip maintained with densely planted shrubs not less than six (6) feet in height. Shrubs shall be at least seventy-five percent (75%) evergreens. Fences or walls may be a part of such 12 screening where deemed necessary, as approved by the Site Plan Review Team. In locations where the visual impact of communications towers would not be an issue, these requirements may be reduced or waived by the Building Commissioner upon unanimous vote by the Site Plan Review Team. Not Applicable. The small cell installation will be located on the utility pole. 408.7.10 Color and Camouflage 408.7.10.1 Color. Communications towers and antennas shall maintain a light gray or light blue finish, unless otherwise required by the Board of Appeals. Communication towers and/or antennas installed on an existing building or structure shall be camouflaged to match the building or structure to which they are attached or the background against which they are most commonly seen. Canister will be light gray. Verizon Wireless submits and will demonstrate through the Application materials and the written and oral evidence at the public hearing in connection with the Application that the proposed small cell wireless equipment meets with all applicable requirements of the Town of Yarmouth Zoning Bylaws. The installation of the small cell equipment will not adversely impact adjacent properties and neighborhoods as Verizon Wireless’ installation will not significantly change the appearance of the replaced utility pole. 408.7.10.2 Camouflage by Existing Buildings or Structures: 1. When a Communications Facility extends above the roof height of a building on which it is mounted, a reasonable good faith effort shall be made to conceal the facility within or behind existing architectural features to limit its visibility from public ways. Facilities mounted on a roof shall be stepped back from the front facade in order to limit their impact on the building's silhouette. Not Applicable. The small cell installation will be located on the utility pole. 2. Communications Facilities which are side mounted shall blend with the existing building's architecture and shall be painted or shielded with material which is consistent with the design features and materials of the building. Not Applicable. The small cell installation will be located on the utility pole. 408.7.10.3 Camouflage by Vegetation: If Communications Facilities are not camouflaged from public viewing areas by existing buildings or structures, they shall be surrounded by buffers of dense tree growth and understory vegetation in all directions to create an effective year-round visual buffer. Ground- mounted Personal Wireless Service Facilities shall provide a vegetated buffer of sufficient height and depth to effectively screen the facility. Trees and vegetation may be existing on the 13 subject property or installed as part of the proposed facility or a combination of both. The Board of Appeals shall determine the types of trees and plant materials and depth of the needed buffer based on site conditions. Not Applicable. The small cell installation will be located on the utility pole. 408.7.11 Lighting and Signage 1. Communications Facilities shall be lighted only if required by the Federal Aviation Administration (FAA). Lighting of equipment structures and any other facilities on site shall be shielded from abutting properties. There shall be total cutoff of all light at the property lines of the parcel to be developed, and foot-candle measurements at the property line shall be 0.0 initial foot candles when measured at grade. Not Applicable. The small cell installation will be located on the utility pole. 2. Signs shall meet the design and display criteria of Bylaw section 303. Not Applicable. The small cell installation will be located on the utility pole. 3. All ground mounted Communications Facilities shall be surrounded by a security barrier, where appropriate and necessary. Not Applicable. There will be no ground mounted Communications Facilities. All the small cell equipment will be located on the utility pole 408.7.12 Equipment Shelters Equipment shelters for Communications Facilities shall be designed consistent with one of the following design standards: 1. Equipment shelters shall be located in underground vaults; or Not Applicable. There will be no equipment shelter or other onsite ground equipment. 2. Equipment shelters shall be designed consistent with traditional Cape Cod architectural styles and materials, with a roof pitch of at least 10/12 and wood clapboard or shingle siding; or Not Applicable. There will be no equipment shelter or other onsite ground equipment. 3. Equipment shelters shall be camouflaged behind an effective year-round landscape buffer, equal to the height of the proposed shelter, and/or a fence. The Board of Appeals (and/or the Old King’s Highway Regional Historic District Committee) shall determine the style of any fencing and landscape buffer that is compatible with the neighborhood. 14 Not Applicable. There will be equipment shelter or other onsite ground equipment. 408.7.13 Environmental Standards. 408.7.13.1 The location of any Communications Facility in or near wetlands is subject to the Wetlands Protection Regulations of the Yarmouth Conservation Commission. Not Applicable. The small cell installation will be located on the utility pole. 408.7.13.2 The handling, storage, or disposal of hazardous materials is subject to Yarmouth Board of Health regulations and, when applicable, section 406 of this Bylaw. Not Applicable. The small cell installation will be located on the utility pole. 408.7.13.3 Ground-mounted equipment for Personal Wireless Service Facilities shall not, during normal operation, generate noise in excess of 50 db (non-continuous) at the property line. Not applicable. The small cell installation will be located on the utility pole. 408.7.13.4 Roof-mounted or side-mounted equipment for Personal Wireless Service Facilities shall not, during normal operation, generate noise in excess of 50 db (non- continuous) at ground level at the base of the building closest to the antenna. Not Applicable. The small cell installation will be located on the utility pole. 408.7.14 Safety Standards. 408.7.14.1 Radio-frequency Radiation (RFR) Standards. All equipment proposed for a Communications Facility shall be authorized per the FCC Guidelines for Evaluating the Environmental Effects of Radio-frequency Radiation (FCC Guidelines). Please See Exhibit 4. 408.8 Accessory Equipment Storage. Mobile or immobile equipment not used in direct support of a Communications Facility shall not be parked on site unless repairs are being made to said facility. Not Applicable. There will be no onsite ground equipment. 408.9 Leases. No Special Permit granted under this section shall be effective for town-owned property used for the construction of a Communication Facility until a lease setting forth the particular terms, conditions, and provisions have been executed by the applicant and the Town of Yarmouth. 15 Not Applicable. The small cell installation will be located on the utility pole. 408.10 As-Built Plans. Within 60 days of completion of the initial construction and/or any additional construction or reconstruction, the owner or franchisee of any Communications Facility shall furnish 2 complete sets of plans, drawn to scale and stamped by a Registered Professional Land Surveyor, depicting the location of all towers and appurtenant facilities. To the extent aspects are applicable to the installation of small cell equipment on a utility pole, Verizon Wireless will comply with this bylaw requirement. 408.11 Inspection. At least every 24 months, all communication towers shall be inspected by an expert who is regularly involved in the maintenance, inspection, and/or erection of communication towers. At a minimum, this inspection shall be conducted in accordance with the tower inspection check list provided in the Electronics Industries Association (EIA) Standard 222, "Structural Standards for Steel Antenna Towers and Antenna Support Structures" and the State Building Code. A copy of each such inspection record shall be provided to the Building Commissioner. The town may retain a technical expert in the field of RF engineering, at the expense of the carrier, to verify the inspection report. If, upon inspection, the communication tower fails to comply with such codes and standards, and constitutes a danger to persons or property, then upon notice being provided to the owner of the communication tower, the owner shall have thirty (30) days to bring such tower into compliance with such standards. Failure to comply may result in an order to remove such tower at the owner's expense. Not Applicable. The small cell installation will be located on a utility pole. 408.12 Abandonment or Discontinuation of Use. 408.12.1 At such time that a carrier plans to abandon or discontinue operation of a Communications Facility, such carrier will notify the Building Commissioner by certified U.S. mail of the proposed date of abandonment or discontinuation of operations. Such notice shall be given no less than 30 days prior to abandonment or discontinuation of operations. In the event that a licensed carrier fails to give such notice, the Communications Facility shall be considered abandoned upon such discontinuation of operations. Verizon Wireless will comply with this bylaw requirement. 408.12.2 Upon abandonment or discontinuation of use, the carrier shall physically remove the Communications Facility within 90 days from the date of abandonment or discontinuation of use. "Physically remove" shall include, but not be limited to: 1. Removal of antennas, mount, equipment shelters and security barriers from the subject property; 2. Proper disposal of the waste materials from the site in accordance with local and 16 state solid waste disposal regulations, and; 3. Restoring the location of the Communications Facility to its natural condition, except that any landscaping and grading shall remain in the after-condition. Verizon Wireless will comply with this bylaw requirement. 408.12.3 If a carrier fails to remove a Communications Facility in accordance with this section of this Bylaw, the Town shall have the authority to enter the subject property and physically remove the facility. The Board of Appeals may require the applicant to post a bond at the time of construction to cover costs for the removal of the Communications Facility in the event the Town must remove the facility. Verizon Wireless will comply with this bylaw requirement. WAIVERS The Applicant has submitted detailed Plans in support of its application for Special Permit prepared by Nexius. The Plans include information on all aspects of the proposed small cell equipment installation on the utility pole. Due to the size and scope of the proposed installation of small cell equipment, Verizon Wireless believes that the Plans, Elevation, and other documents submitted meet the requirements of the Town of Yarmouth Zoning Bylaws to the extent applicable to this proposal. To the extent the Board believes that the provided Plans and exhibits do not comply with the requirements, the Applicant believes that the additional detail will not tend to provide substantive assistance to the Board and therefore the Applicant respectfully requests a waiver from any such requirements or, in the alternative, a determination of non-applicability for all standards and requirements that do not apply to the installation of small cell equipment on the utility pole. COMPLIANCE WITH TELECOMMUNICATIONS ACT OF 1996 Verizon Wireless further respectfully requests that the Town of Yarmouth grant this application under the Federal Telecommunications Act of 1996 (hereinafter the "TCA"). Pub. L. No. 104-104, 110 Stat. 56 (1996). In 1996, Congress enacted the TCA to facilitate the rapid deployment of telecommunications infrastructure in the United States. 47 U.S.C. § 332; Town of Arlington, Texas v. Federal Communications Commission, 133 S.Ct. 1863, 1866-67 (2013). The TCA preserves state and municipal zoning authority to regulate personal wireless service facilities, subject to five substantive and procedural limitations designed to prevent state and municipal government from delaying the application process and/or discriminating against specific wireless service providers. 47 U.S.C. § 332(C)(i)-(v); T-Mobile South, LLC v. Town of Roswell, Ga., 135 S.Ct. 808, 814 (2015); Town of Arlington, 133 S.Ct. at 1866-67; Rancho Palos Verdes v. Abrams, 544 U.S. 113, 115 (2005); Omnipoint Holdings, Inc. v. Town of Cranston, 586 F.3d 38, 45 (1st Cir. 2009). 17 Specifically, the TCA reflects Congress's intent to expand wireless services and increase competition among providers by preempting state and municipal regulations inconsistent with infrastructure development. Rancho Palos Verdes, 544 U.S. at 115; Omnipoint Holdings, 586 F.3d at 47; Sprint Spectrum L.P. v. Town of Swansea, 574 F.Supp. 2d 227, 235 (D. Mass. 2008). Although the TCA does not preempt all local zoning laws, it expressly preempts rules and laws attempting to regulate the "placement, construction, and modification of personal wireless service facilities that effectively prohibit the provision of personal wireless services." Town of Roswell, Ga., 135 S.Ct. at 814 (citing Rancho Palos Verdes, 544 U.S. at 115; 47 U.S.C. § 332(c)(7)(B)(i)(II)); Green Mountain Realty Corp. v. Leonard, 750 F.3d 30, 38 (1st Cir. 2014); Town of Swansea, 574 F.Supp. at 235; Nextel Communications of the Mid-Atlantic, Inc. v. Town of Provincetown, 2003 WL 21497159, *8 (D. Mass. 2003). "Accordingly, the TCA significantly limits the ability of state and local authority to apply zoning regulations to wireless telecommunications." Telecorp Realty, LLC v. Town of Edgartown, 81 F.Supp.2d 257, 259 (D. Mass. 2000); Town of Swansea, 574 F.Supp. at 235; 47 U.S.C. §332(c)(7)(B)(i)(II). The Federal Communications Commission in its Declaration Ruling and Third Report and Order clarified that under Section 253(a) or 332(c)(7)(B)(i)(II), “an effective prohibition [of service] occurs where a state or local legal requirement materially inhibits a provider’s ability to engage in any of a variety of activities related to its provision of a covered service.” By this ruling, the FCC makes it clear that a state or local legal requirement effectively prohibits the provision of wireless services if it inhibits or limits a provider “not only when filling a coverage gap but also when densifying a wireless network, introducing new services or otherwise improving service capabilities.” The FCC also makes clear that an effective prohibition includes inhibiting a provider from deploying the “performance characteristics” of its choosing. The Federal Communications Commission in the final text of the Declaratory Ruling and Third Report and Order also promulgated rules imposing new “shot clocks” for Small Wireless Facility application review. The Commission establishes the following application review timeframes for Small Wireless Facilities: (1) 60 days for collocations of Small Wireless Facilities on existing structures and (2) a shot clock of 90 days for new construction of Small Wireless Facilities. CONCLUSION Accordingly, while Small Cell installations do not obviate the need for traditional wireless communication facilities, they are overwhelmingly the least intrusive means available to address network requirements in areas of dense demand for Verizon Wireless’ voice and data services. The equipment proposed herein provides enhanced service to areas of concentrated demand in Yarmouth while avoiding the possible aesthetic impact of larger wireless service facilities. Furthermore, the Telecommunications Act of 1996 supports the granting of the application in light of its goal to promote the rapid expansion of new technologies. 18 For the foregoing reasons, Verizon Wireless respectfully requests (with all rights reserved) that the Board: Grant the requested special permit to install the small cell pole attachment equipment on the replaced utility pole in accordance with this application and grant any other relief or waivers necessary to allow the installation and operation of this small cell pole attachment equipment. Exhibit 1 “Letter of Authorization” Exhibit 2 “Site Drawings” Exhibit 3 “RF Affidavit” 1 AFFIDAVIT OF RADIO FREQUENCY ENGINEER The undersigned, in support of the application to install a small wireless communications facility (SWF) consisting of one antenna array and associated radio equipment on four (4) utility poles located within the Town of Yarmouth, Massachusetts, states the following: 1. My name is Thejasree Vemulapalli. I have a Bachelor of Engineering, Electrical & Electronics Engineering degree from the Velagapudi Ramakrishna Siddhartha Engineering College and a Master of Science, Computer Networking degree from the New Jersey Institute of Technology. I have been employed as a Radio Frequency (RF) Design Engineer for ten (10) years, the last seven (7) months with Verizon Wireless. I am responsible for network design in the area of Massachusetts that includes the Town of Yarmouth, MA. 2. Verizon Wireless is a federally licensed provider of wireless communications services with a national footprint. 3. The proposed small wireless facilities are within areas where Verizon Wireless has identified a need to install additional facilities in order to provide reliable wireless service for customers and emergency responders and access to new technologies. The search areas for each proposed facility were determined with reference to Verizon’s existing network serving the Yarmouth area and by identifying those areas in need of improved service. Furthermore, it was determined that the areas served by each facility would interact well with those of existing and proposed facilities in the surrounding areas. The following table provides details of each proposed site: 4. Small cell deployments are intended to complement, not replace, macro network sites, and are typically target areas of heavy network usage (a.k.a “hotspots”). In doing so, small cells serve to offload the demand on the existing sites serving these hotspots. This not only improves service to the targeted area, but also improves overall system performance elsewhere in the network. In addition, small cells allow for Verizon’s deployment of new technologies that will further enhance the network experience and reliability, including faster download time and lower latency. Name Address Pole Number YARMOUTH_SC06_MA 329 South Shore Drive 22/39 YARMOUTH_SC13_MA 34 Captain Simmons Rd (pole on Forest Rd) 47-43 YARMOUTH_SC15_MA 326 Station Avenue 24/56 YARMOUTH_SC32_MA 23 East Main Street 63/1 2 5. Pursuant to its Federal Communications Commission (FCC) licenses, Verizon Wireless is required to ensure that all radio equipment operating at the proposed communications facilities and the resulting radio frequency exposure levels are compliant with FCC requirements as well as federal and state health and safety standards. 6. Providing wireless communications services is a benefit to the residents of the Town of Yarmouth, as well as to mobile customers traveling through the area. The proposed facilities reflect the locations and designs required to meet Verizon Wireless’ network objectives with respect to capacity and coverage enhancement and deployment of new technologies, including 5G. Without the proposed facilities, Verizon Wireless will be unable to provide reliable wireless communication services in these areas of Yarmouth; therefore, Verizon Wireless respectfully requests that the Town of Yarmouth act favorably upon the proposed facilities. Signed and sworn under the pains and penalties of perjury this 5th day of August 2020. Thejasree Vemulapalli ___________________________ Thejasree Vemulapalli RF Design Engineer Verizon Wireless 118 Flanders Road, 3rd Floor Westborough, MA 01851 Exhibit 4 “Radio Frequency Emissions Compliance” 7/30/2020 To: Town of Yarmouth, MA 1146 Route 28 South Yarmouth, MA 02664 RE: Verizon Wireless Small Cell Sites Dear Town of Yarmouth, Verizon is installing additional wireless telecommunications facilities in order to meet the growing demand for Verizon Wireless service by residents, businesses, visitors, and emergency responders. To ensure general public safety, it is important that you contact Verizon Wireless personnel at least 24 hours in advance should general maintenance need to be performed in areas of potential concern as marked on the next page of this document. This is required to comply with FCC guidelines and ensure the environment is safe for general maintenance workers who may require RF Safety & Awareness training. With notification, Verizon Wireless is able to evaluate appropriate actions needed relating to the antennas and proximity of the work location. Thank you for your inquiry. Verizon has a process to deactivate power on small cells (regardless of whether the small cell is 4G or 5G) while work is being done on the pole (including joint use poles). The information needed to have a small cell powered down for work to occur on the pole (including contact numbers and pole identifiers) is provided at a safe distance from the small cell on the pole itself. Please contact Verizon Wireless personnel at least 24 hours in advance if you need to perform maintenance at that site. If you have any additional questions, our point of contact in that area is Luis Teves. You also expressed concerns about the health effects of RF emissions from Verizon’s network equipment. The Federal Communications Commission (FCC) has developed safety rules for human exposure to RF emissions in consultation with numerous other federal agencies, including the Environmental Protection Agency, the Food and Drug Administration, and the Occupational Safety and Health Administration. These rules can be found at 47 C.F.R § 1.1310. No matter which generation of technology we use, all Verizon equipment must comply with these safety requirements. The FCC supported and adopted the standards after examining the RF research that scientists in the US and around the world conducted for decades. The research continues to this day, and agencies continue to monitor it. Based on that research, federal agencies have concluded that equipment that has been deployed in a manner that complies with the safety standards poses no known health risks. You can obtain further information about the safety of RF emissions from cell towers on the FCC’s website, which you can access via this link: http://www.fcc.gov/oet/rfsafety/rf-faqs.html. Thank you for reaching out to us regarding your concerns. We appreciate the chance to explain our activities regarding the wireless facility at issue. Questions related to compliance with federal regulations should be directed to VZWRFCompliance@verizonwireless.com. Please contact your local Verizon Wireless resource below if you have any additional questions. Contact Name Contact Email Contact Phone Luis Teves Luis.Teves@VerizonWireles.com 508-479-3197 Sincerely, Rabeya Ahmad Sr Manager - RF Design Verizon Wireless Verizon Wireless (VZW) Radiofrequency (RF) Emissions Map The following site layout represents a current snapshot in time of the predicted Verizon Wireless RF emissions from transmitting antennas on this facility. Contact Verizon Wireless should maintenance need to be performed in any non-green areas. Color % Occupational MPE Instructions 0 to 20 Safe In Relation to VZW. Contact Other Carriers Before Entering This Area 20 to 100 Contact VZW Before Accessing This Area Greater Than 100 Greater Than 1000 Exhibit 5 “FCC License” Refe rence Copy Wireless Telecommunications Bureau RADIO STATION AUTHORIZATION LICENSEE: ATTN: REGULATORY CELLCO PARTNERSHIP 5055 NORTH POINT PKWY, NP2NE NETWORK ENGINEERING ALPHARETTA, GA 30022 CELLCO PARTNERSHIP Waivers/Conditions: Federal Communications Commission FCC Registration Number (FRN): 0003290673 REFERENCE COPY This is not an official FCC license. It is a record of public information contained in the FCC's licensing database on the date that this reference copy was generated. In cases where FCC rules require the presentation, posting, or display of an FCC license, this document may not be used in place of an official FCC license. Call Sign File Number Radio Service KNLG356 0007716985 CW - PCS Broadband Grant Date 06-02-2017 Effective Date 06-02-2017 Expiration Date 06-27-2027 Print Date 06-03-2017 Market Number BTA201 Channel Block F Sub-Market Designator 0 Market Name Hyannis, MA 1st Build-out Date 2nd Build-out Date 06-27-2002 3rd Build-out Date 4th Build-out Date NONE Conditions: Pursuant to §309(h) of the Communications Act of 1934, as amended, 47 U.S.C. §309(h), this license is subject to the following conditions: This license shall not vest in the licensee any right to operate the station nor any right in the use of the frequencies designated in the license beyond the term thereof nor in any other manner than authorized herein. Neither the license nor the right granted thereunder shall be assigned or otherwise transferred in violation of the Communications Act of 1934, as amended. See 47 U.S.C. § 310(d). This license is subject in terms to the right of use or control conferred by §706 of the Communications Act of 1934, as amended. See 47 U.S.C. §606. This license may not authorize operation throughout the entire geographic area or spectrum identified on the hardcopy version. To view the specific geographic area and spectrum authorized by this license, refer to the Spectrum and Market Area information under the Market Tab of the license record in the Universal Licensing System (ULS). To view the license record, go to the ULS homepage at http://wireless.fcc.gov/uls/index.htm?job=home and select License Search. Follow the instructions on how to search for license information. FCC 601-MB October 2017Page1 of 2 Refe rence Copy Page 2 of 2 Market Market Name Buildout Deadline Buildout Notification Status 700 MHz Relicensed Area Information: FCC 601-MB October 2017 Licensee Name: CELLCO PARTNERSHIP Call Sign: KNLG356 File Number: 0007716985 Print Date: 06-03-2017 Refe rence Copy Wireless Telecommunications Bureau RADIO STATION AUTHORIZATION LICENSEE: ATTN: REGULATORY CELLCO PARTNERSHIP 5055 NORTH POINT PKWY, NP2NE NETWORK ENGINEERING ALPHARETTA, GA 30022 CELLCO PARTNERSHIP Waivers/Conditions: Federal Communications Commission FCC Registration Number (FRN): 0003290673 REFERENCE COPY This is not an official FCC license. It is a record of public information contained in the FCC's licensing database on the date that this reference copy was generated. In cases where FCC rules require the presentation, posting, or display of an FCC license, this document may not be used in place of an official FCC license. Call Sign File Number Radio Service KNLH253 0007716971 CW - PCS Broadband Grant Date 06-02-2017 Effective Date 06-02-2017 Expiration Date 06-27-2027 Print Date 06-06-2017 Market Number BTA201 Channel Block E Sub-Market Designator 0 Market Name Hyannis, MA 1st Build-out Date 2nd Build-out Date 06-27-2002 3rd Build-out Date 4th Build-out Date This authorization is subject to the condition that, in the event that systems using the same frequencies as granted herein are authorized in an adjacent foreign territory (Canada/United States), future coordination of any base station transmitters within 72 km (45 miles) of the United States/Canada border shall be required to eliminate any harmful interference to operations in the adjacent foreign territory and to ensure continuance of equal access to the frequencies by both countries. This authorization is subject to the condition that the remaining balance of the winning bid amount will be paid in accordance with Part 1 of the Commission's rules, 47 C.F.R. Part 1. Conditions: Pursuant to §309(h) of the Communications Act of 1934, as amended, 47 U.S.C. §309(h), this license is subject to the following conditions: This license shall not vest in the licensee any right to operate the station nor any right in the use of the frequencies designated in the license beyond the term thereof nor in any other manner than authorized herein. Neither the license nor the right granted thereunder shall be assigned or otherwise transferred in violation of the Communications Act of 1934, as amended. See 47 U.S.C. § 310(d). This license is subject in terms to the right of use or control conferred by §706 of the Communications Act of 1934, as amended. See 47 U.S.C. §606. This license may not authorize operation throughout the entire geographic area or spectrum identified on the hardcopy version. To view the specific geographic area and spectrum authorized by this license, refer to the Spectrum and Market Area information under the Market Tab of the license record in the Universal Licensing System (ULS). To view the license record, go to the ULS homepage at http://wireless.fcc.gov/uls/index.htm?job=home and select License Search. Follow the instructions on how to search for license information. FCC 601-MB October 2017Page1 of 2 Refe rence Copy Page 2 of 2 Market Market Name Buildout Deadline Buildout Notification Status 700 MHz Relicensed Area Information: FCC 601-MB October 2017 Licensee Name: CELLCO PARTNERSHIP Call Sign: KNLH253 File Number: 0007716971 Print Date: 06-06-2017 Refe rence Copy Wireless Telecommunications Bureau RADIO STATION AUTHORIZATION LICENSEE: ATTN: REGULATORY CELLCO PARTNERSHIP 5055 NORTH POINT PKWY, NP2NE NETWORK ENGINEERING ALPHARETTA, GA 30022 CELLCO PARTNERSHIP Waivers/Conditions: Federal Communications Commission FCC Registration Number (FRN): 0003290673 REFERENCE COPY This is not an official FCC license. It is a record of public information contained in the FCC's licensing database on the date that this reference copy was generated. In cases where FCC rules require the presentation, posting, or display of an FCC license, this document may not be used in place of an official FCC license. Call Sign File Number Radio Service WPOJ760 0008586728 CW - PCS Broadband Grant Date 05-30-2019 Effective Date 05-30-2019 Expiration Date 06-30-2029 Print Date 05-31-2019 Market Number BTA201 Channel Block C Sub-Market Designator 3 Market Name Hyannis, MA 1st Build-out Date 2nd Build-out Date 06-30-2004 06-30-2009 3rd Build-out Date 4th Build-out Date This authorization is subject to the condition that, in the event that systems using the same frequencies as granted herein are authorized in an adjacent foreign territory (Canada/United States), future coordination of any base station transmitters within 72 km (45 miles) of the United States/Canada border shall be required to eliminate any harmful interference to operations in the adjacent foreign territory and to ensure continuance of equal access to the frequencies by both countries. Spectrum Lease associated with this license. See Spectrum Leasing Arrangement Letter dated 07/27/2004 and File No. 0001765259. Conditions: Pursuant to §309(h) of the Communications Act of 1934, as amended, 47 U.S.C. §309(h), this license is subject to the following conditions: This license shall not vest in the licensee any right to operate the station nor any right in the use of the frequencies designated in the license beyond the term thereof nor in any other manner than authorized herein. Neither the license nor the right granted thereunder shall be assigned or otherwise transferred in violation of the Communications Act of 1934, as amended. See 47 U.S.C. § 310(d). This license is subject in terms to the right of use or control conferred by §706 of the Communications Act of 1934, as amended. See 47 U.S.C. §606. This license may not authorize operation throughout the entire geographic area or spectrum identified on the hardcopy version. To view the specific geographic area and spectrum authorized by this license, refer to the Spectrum and Market Area information under the Market Tab of the license record in the Universal Licensing System (ULS). To view the license record, go to the ULS homepage at http://wireless.fcc.gov/uls/index.htm?job=home and select License Search. Follow the instructions on how to search for license information. FCC 601-MB October 2017Page1 of 2 Refe rence Copy Page 2 of 2 Market Market Name Buildout Deadline Buildout Notification Status 700 MHz Relicensed Area Information: FCC 601-MB October 2017 Licensee Name: CELLCO PARTNERSHIP Call Sign: WPOJ760 File Number: 0008586728 Print Date: 05-31-2019 Refe rence Copy Wireless Telecommunications Bureau RADIO STATION AUTHORIZATION LICENSEE: ATTN: REGULATORY CELLCO PARTNERSHIP 5055 NORTH POINT PKWY, NP2NE NETWORK ENGINEERING ALPHARETTA, GA 30022 CELLCO PARTNERSHIP Waivers/Conditions: Federal Communications Commission FCC Registration Number (FRN): 0003290673 REFERENCE COPY This is not an official FCC license. It is a record of public information contained in the FCC's licensing database on the date that this reference copy was generated. In cases where FCC rules require the presentation, posting, or display of an FCC license, this document may not be used in place of an official FCC license. Call Sign File Number Radio Service WQCN362 0008586736 CW - PCS Broadband Grant Date 05-30-2019 Effective Date 05-30-2019 Expiration Date 06-30-2029 Print Date 05-31-2019 Market Number BTA201 Channel Block C Sub-Market Designator 2 Market Name Hyannis, MA 1st Build-out Date 2nd Build-out Date 06-30-2004 06-30-2009 3rd Build-out Date 4th Build-out Date This authorization is subject to the condition that, in the event that systems using the same frequencies as granted herein are authorized in an adjacent foreign territory (Canada/United States), future coordination of any base station transmitters within 72 km (45 miles) of the United States/Canada border shall be required to eliminate any harmful interference to operations in the adjacent foreign territory and to ensure continuance of equal access to the frequencies by both countries. Spectrum Lease associated with this license. See Spectrum Leasing Arrangement Letter dated 07/27/2004 and File No. 0001765259. Conditions: Pursuant to §309(h) of the Communications Act of 1934, as amended, 47 U.S.C. §309(h), this license is subject to the following conditions: This license shall not vest in the licensee any right to operate the station nor any right in the use of the frequencies designated in the license beyond the term thereof nor in any other manner than authorized herein. Neither the license nor the right granted thereunder shall be assigned or otherwise transferred in violation of the Communications Act of 1934, as amended. See 47 U.S.C. § 310(d). This license is subject in terms to the right of use or control conferred by §706 of the Communications Act of 1934, as amended. See 47 U.S.C. §606. This license may not authorize operation throughout the entire geographic area or spectrum identified on the hardcopy version. To view the specific geographic area and spectrum authorized by this license, refer to the Spectrum and Market Area information under the Market Tab of the license record in the Universal Licensing System (ULS). To view the license record, go to the ULS homepage at http://wireless.fcc.gov/uls/index.htm?job=home and select License Search. Follow the instructions on how to search for license information. FCC 601-MB October 2017Page1 of 2 Refe rence Copy Page 2 of 2 Market Market Name Buildout Deadline Buildout Notification Status 700 MHz Relicensed Area Information: FCC 601-MB October 2017 Licensee Name: CELLCO PARTNERSHIP Call Sign: WQCN362 File Number: 0008586736 Print Date: 05-31-2019 Refe rence Copy Wireless Telecommunications Bureau RADIO STATION AUTHORIZATION LICENSEE: ATTN: REGULATORY CELLCO PARTNERSHIP 1120 SANCTUARY PKWY, #150 GASA5REG ALPHARETTA, GA 30009 CELLCO PARTNERSHIP Waivers/Conditions: Federal Communications Commission FCC Registration Number (FRN): 0003290673 REFERENCE COPY This is not an official FCC license. It is a record of public information contained in the FCC's licensing database on the date that this reference copy was generated. In cases where FCC rules require the presentation, posting, or display of an FCC license, this document may not be used in place of an official FCC license. Call Sign File Number Radio Service WQGA900 0006150134 AW - AWS (1710-1755 MHz and 2110-2155 MHz) Grant Date 11-29-2006 Effective Date 12-28-2013 Expiration Date 11-29-2021 Print Date 02-14-2014 Market Number BEA003 Channel Block B Sub-Market Designator 1 Market Name Boston-Worcester-Lawrence-Lowe 1st Build-out Date 2nd Build-out Date 3rd Build-out Date 4th Build-out Date This authorization is conditioned upon the licensee, prior to initiating operations from any base or fixed station, making reasonable efforts to coordinate frequency usage with known co-channel and adjacent channel incumbent federal users operating in the 1710-1755 MHz band whose facilities could be affected by the proposed operations. See, e.g., FCC and NTIA Coordination Procedures in the 1710-1755 MHz Band, Public Notice, FCC 06-50, WTB Docket No. 02-353, rel. April 20, 2006. AWS operations must not cause harmful interference across the Canadian or Mexican Border. The authority granted herein is subject to future international agreements with Canada or Mexico, as applicable. Conditions: Pursuant to §309(h) of the Communications Act of 1934, as amended, 47 U.S.C. §309(h), this license is subject to the following conditions: This license shall not vest in the licensee any right to operate the station nor any right in the use of the frequencies designated in the license beyond the term thereof nor in any other manner than authorized herein. Neither the license nor the right granted thereunder shall be assigned or otherwise transferred in violation of the Communications Act of 1934, as amended. See 47 U.S.C. § 310(d). This license is subject in terms to the right of use or control conferred by §706 of the Communications Act of 1934, as amended. See 47 U.S.C. §606. This license may not authorize operation throughout the entire geographic area or spectrum identified on the hardcopy version. To view the specific geographic area and spectrum authorized by this license, refer to the Spectrum and Market Area information under the Market Tab of the license record in the Universal Licensing System (ULS). To view the license record, go to the ULS homepage at http://wireless.fcc.gov/uls/index.htm?job=home and select License Search. Follow the instructions on how to search for license information. FCC 601-MB April 2009Page1 of 1 Refe rence Copy Wireless Telecommunications Bureau RADIO STATION AUTHORIZATION LICENSEE: ATTN: REGULATORY CELLCO PARTNERSHIP 5055 NORTH POINT PKWY, NP2NE NETWORK ENGINEERING ALPHARETTA, GA 30022 CELLCO PARTNERSHIP Waivers/Conditions: Federal Communications Commission FCC Registration Number (FRN): 0003290673 REFERENCE COPY This is not an official FCC license. It is a record of public information contained in the FCC's licensing database on the date that this reference copy was generated. In cases where FCC rules require the presentation, posting, or display of an FCC license, this document may not be used in place of an official FCC license. Call Sign File Number Radio Service WQGB350 AW - AWS (1710-1755 MHz and 2110-2155 MHz) Grant Date 11-29-2006 Effective Date 11-01-2016 Expiration Date 11-29-2021 Print Date Market Number CMA471 Channel Block A Sub-Market Designator 0 Market Name Massachusetts 2 - Barnstable 1st Build-out Date 2nd Build-out Date 3rd Build-out Date 4th Build-out Date This authorization is conditioned upon the licensee, prior to initiating operations from any base or fixed station, making reasonable efforts to coordinate frequency usage with known co-channel and adjacent channel incumbent federal users operating in the 1710-1755 MHz band whose facilities could be affected by the proposed operations. See, e.g., FCC and NTIA Coordination Procedures in the 1710-1755 MHz Band, Public Notice, FCC 06-50, WTB Docket No. 02-353, rel. April 20, 2006. Conditions: Pursuant to §309(h) of the Communications Act of 1934, as amended, 47 U.S.C. §309(h), this license is subject to the following conditions: This license shall not vest in the licensee any right to operate the station nor any right in the use of the frequencies designated in the license beyond the term thereof nor in any other manner than authorized herein. Neither the license nor the right granted thereunder shall be assigned or otherwise transferred in violation of the Communications Act of 1934, as amended. See 47 U.S.C. § 310(d). This license is subject in terms to the right of use or control conferred by §706 of the Communications Act of 1934, as amended. See 47 U.S.C. §606. This license may not authorize operation throughout the entire geographic area or spectrum identified on the hardcopy version. To view the specific geographic area and spectrum authorized by this license, refer to the Spectrum and Market Area information under the Market Tab of the license record in the Universal Licensing System (ULS). To view the license record, go to the ULS homepage at http://wireless.fcc.gov/uls/index.htm?job=home and select License Search. Follow the instructions on how to search for license information. FCC 601-MB October 2017Page1 of 3 Refe rence Copy Licensee Name: Call Sign:File Number:WQGB350 CELLCO PARTNERSHIP Print Date: The license is subject to compliance with the provisions of the January 12, 2001 Agreement between Deutsche Telekom AG, VoiceStream Wireless Corporation, VoiceStream Wireless Holding Corporation and the Department of Justice (DOJ) and the Federal Bureau of Investigation (FBI), which addresses national security, law enforcement, and public safety issues of the FBI and the DOJ regarding the authority granted by this license. Nothing in the Agreement is intended to limit any obligation imposed by Federal lawor regulation including, but not limited to, 47 U.S.C. Section 222(a) and (c)(1) and the FCC's implementing regulations. The Agreement is published at VoiceStream-DT Order, IB Docket No. 00-187, FCC 01-142, 16 FCC Rcd 9779, 9853 (2001). FCC 601-MB October 2017Page2 of 3 Refe rence Copy Page 3 of 3 Market Market Name Buildout Deadline Buildout Notification Status 700 MHz Relicensed Area Information: FCC 601-MB October 2017 Licensee Name: CELLCO PARTNERSHIP Call Sign: WQGB350 File Number: Print Date: Exhibit 6 “Site Plan Review Waiver”