HomeMy WebLinkAboutApplication for Special permit (Utility Pole #37.124S - Route 28)
Application
for
Special Permit
Utility Pole #37/124S
Within the State Highway Layout
of Route 28
Daniel D. Klasnick
Licensed in Massachusetts, New Hampshire and New York
Desk: (781) 873-0021 - Mobile: (774) 249-2814
dklasnick@dkt-legal.com
December 24, 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, $200.00
application fee of $200.00, abutter mailing fee of $6.72 (12 abutters x $.56), six (6) sets of the
complete application packet including project narrative outlining compliance with the bylaw
standards for the proposed small cell facility, letter of authorization from the pole owner,
certified stamped plans and exhibits that detail the proposal and its compliance with existing
legal requirements including RF Affidavit, Radio Frequency Emission Compliance letter, FCC
Licenses, Site Plan Waiver email from the Director of Inspectional Services/Building
Commissioner and copy of recorded special permit decision.
Verizon Wireless would be happy to provide any additional information that you may
require and would appreciate reasonable notice of any additional information you require in time
to provide such information for the Board of Appeals meeting.
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The Applicant looks forward to meeting with you and presenting this Application.
Should the Board of Appeals require any additional information, please contact me at (781) 873-
0021.
Thank you.
Very truly yours,
_______________________________
By: Daniel D. Klasnick
Attorney at Law
demonstrates that no undue nuisance, hazard, or congestion will be created
and that there will be no substantial harm to the established or future
character of the neighborhood nor of the town.
TOWN OF YARMOUTH
BOARD OF APPEALS
APPLICATION FOR HEARING
Appeal#:__________________ Hearing Date: _______________________Fee$___________
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:
200.00
Cellco Partnership d/b/a Verizon Wireless
P.O. Box 254, Boxford, MA 01921 (781) 873-0021 dklasnick@dkt-legal.com
Utility Pole #37/124S located in ROW on Route 28
*Utility Pole in ROW adjacent to property at 703 Route 28
Request for a special permit (with all rights reserved) for the installation of small cell equipment on a utility
pole located in a public right of way. (Please see attached narrative and exhibits for further description)
408
F7
32 120*
B3 & VC1
January 28, 2021
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 Route 28. Adjacent to property: 703 Route 28
(Map 32, Lot 120) - For location reference only
Please see attached List
January 28, 2021December 24, 2020
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TOWN OF YARMOUTH
NARRATIVE IN SUPPORT OF
APPLICATION
FOR
SPECIAL PERMIT
APPLICANT: Cellco Partnership d/b/a Verizon Wireless
SMALL CELL LOCATION: On an existing utility pole #37/124S located in the state
highway layout of Route 28, Yarmouth, MA
This Narrative in Support of the Application for Special Permit (with all rights reserved)
for the installation of small cell equipment on an existing 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 style antenna
mounted with five foot fiberglass extension on top of the utility pole at a maximum height of
32’-8” above ground level, two (2) remote radio heads, and associated wires, cables, fiber demac,
diplexer and electric meter to the existing utility pole that has an overall height of approximately
23’-6” as shown on the attached Plans Titled YARMOUTH_SC05_MA prepared by Nexius with a
last revision date of 08/28/18.
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 existing
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 connect
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.
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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 existing utility pole #37/124S, which is located in the state highway
layout of Route 28 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 signal 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 n existing
utility pole #37/124S located on Route 28. This installation consists of a 12.0"x
3 8 .7 " H canister antenna top mounted on the existing 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.
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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 2021. 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 an existing utility pole in B3 & VCI 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.
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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
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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
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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,
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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
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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.
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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.
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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.
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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
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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 existing 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.
Waiver requested. Upon abandonment or discontinuation of use, Verizon Wireless shall
physically remove the Small Cell Communications equipment from the utility pole within
90 days from the date of abandonment or discontinuance of us.
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 existing 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 one (1) utility pole 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 eleven
(11) 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 facility is within an area 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 area for the proposed facility
was 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 area
served by the 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.
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 facility reflects the
Name Address Pole Number
YARMOUTH_SC05_MA
703 Route 28 Pole No. 37/124S
2
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 facility.
Signed and sworn under the pains and penalties of perjury this 16th day of December 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
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
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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
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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:
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
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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
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
Exhibit 6
“Site Plan Review Waiver”
Exhibit 7
“Prior Board Approval Decision
Petition No: 4736 ”
Bk 31326 Pq2LL #27623
06-08-2018 0 03:34p
TOWN OF YARMOUTH
BOARD OF APPEALS
DECISION
FILED WITH TO\ryN CLERK: May 16,2018
PETITION NO: #4736
HEARING DATE: April 26, 2018
PETITIONER: CellcoPartnership dlblaYerizon\[irelss
PROPERTY:Existing tlfility Pole #37112.15 locafed in public right of way adjacent
to Route 28llVlain Street, Yarmouth (SC05)
Map & lot#: 0032.120; (Address is reference onþ) ZoningDistrict:
83 & VCl
Book/Page: n/a
MEMBERS PRESENT AND VOTING: Steven DeYoung. Chairman, Díck Martin, 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 inThe Regíster, the hearing opened and held on the date stated above.
The Petition was presented by Pele.r D, Anderson, Esq. of Mclane Middleton P.4., Ralph
Colorusso of Nexius a¡d Keith Vellante of CSquared Systerns on behalf of Cellco Partnership
d/b/a Verizon Wireless (*VZW") concerning VZW's Petition to install, operate and maintain
Small Cell and Cloud Radio Access Netrvork ("CRAN") wireless communication ântennas and
supporting equipment to be mounted to an existing utility pole #37/1245, which is located in the
public right of way adjacent to Route 28lMain Street, Yarnrouth. in an B3 & VCI Zoning
District.
The proposed installation will consist of a 38,7-inch tall canister antenna, which will be mounted
to the top of an existing utilitv pole. The anterma resembles a tradilional electric transformer
similar to those already locatèd on utility poles throughout the area. Additional supporting
equipmørt (including a remote radio head, electricaljunction box and meter, ¿nd fiber optic and
power connections) will be mounted to the exterior of the pole, restrlting in a selÊcontained
antenna facility without the need for further infrastructure.
Bk 31326 Ps2L2 #27623
The Board unanimously concuned that the Petition meels the criteria under Section 408 of the
Town of Yarmouth Zoning Bytaw ("Bylaw") lbr a Special Permit. The Board further
unanimously concurred that VZW has satisfied the requirements of Section 408.4.1 of the Bylaw
with respect to its requests for waivers fiom Sections 408.6.2.5 and.408,6.2.5 (regarding Toun'
wide maps showing existing and proposed future Personal Wireless Service Facilities in the
Town), Sections +05.6.3.3 (regarding siting elevations), Section 408,ó.4 (regarding Design Filing
Requirements'¡.
Tom Baron made a Motion to approve the Petition with conditions, seconded by Dick Martin. On
this Motion, the Board voted unanimously in favor.
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, submifed within I 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. Applicant will secure approval fïonr the Town of Yarmouth, MA - Old Kings Highway
Historical Commission, per site located witlún Commission's historical a¡eas.
5. Each approved site must meet any & all FAA or other govemnent requirements.
6. Applicant must report emission reporl of compliance with maximum permissible
radiation, per site, to be filed rvith the Zoning Board of Appeals and the Board of Health.
7. 408.12.3 Waiver for Abandonment or Discontinuation of Use - approved
8. Site Plan waiver Granted.
No permit shall issue until 20 days from tbe fïling of this decision with úhe Town Clerk. This
decision nust be recorded at the Registry of Deeds and a copy forwarded to the Board of
Appeals. Appeals from fhis decision shall be made pursutnt to MGL c40A section 17 and
mu$t be lïled within 20 days after filing of this notice/decísion wiúh the Town Clerk. llnless
otherwise provided herein, the Special Permit shall lapse if a substantial use thereof has not
begun within 24 months. (See bylaw, MGL ca0A $9)
lF*\rgtr^-
Stãuèí n"voun g, clãfrman
2_
Bk 31326 Ps2L3 #27623
COMMONWEALTH OF MASSACHUSETTS
TOWN OF YARMOUTH
BOARD OF APPEALS
Appeal #4736 Date: June 6,2018
Certilicate of Grantine of a Soecial Permit
(General Laws Chapter 404, section I l)
The. Board of Appeals of the Towu of Yamrouth Massachusetts hereby certifies that a
Special Permit has been granted to:
PETITIONER: Cellco Partnership dlbla Verizon Wireless
c/o Mclane Middleton, P.4,,900 Elm St., Manchester, N.H.03l0l
OWNER:(1) Eversource Energy, One NSTAR Way, NWBED 180, Westrvood, MA 02090
(2) Verizon Comrnunications, Inc.. 185 High St., Boston, MA 021 I I
Affecting the rights of the owner rvith respect to la¡rd or buildings at: Existing utility pole
#3711245located in public right of way adjacent to Route 28i1Vl¡in Street, Yarmouth, Map:
32, Lotz 120 (Address is reference only) Zoning District: 83 & VCf ; 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 Perrnit. 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 404, Section 11 (lasr paragraph) and Section 13, provides that nô Special Permit, or any
extension, modification or renewal thereof, shall take effect until a copy of the decision bearing
rhe certification of the Town Clerk that twenty (20) days have elapsed afrer the decision has been
filcd in the office of the Town Clerk and no appeal has been tìled or that, if such appeal has been
filed, that it has been dismissed or denied, is recorded in the Registry of Deeds for the coutrty and
district in which the land is located and indexed in the grantor index under the name of thc owner
of record or is recorded and noted on the owner's certificate of title. The fee fbr such recording or
registering shall be paid by the olner or applicant.
De
3
Bk 31326 Ps2L4 #27623
Town
Clerk
I 146 ROUTE ?8. SOUTH YARMOUTH, MASSACHSETTS 02664.4457
TELEPHONE (50S) 398-223r EXT.l28s, FAX (s08) 398-0836
CERTIFICATION OT TO\ryN CLERK
I, Philip B. Gaudet, III, Town Clerk. Town of Yarmouth. do hereby certify that 20 days have
elapsed since the fìling wirh me of the above Board of Appeals Decision #4736lhat 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. Alì appeals have been exhausted,
TOWN OF YARMOUTH
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4 .'OHN F. MEÀDE/ REGISTER
BARNSTÀBI,E COUÑTY REGISTRY OE DEEDS
RECETVED E RECORDED ELES¡RONICÀLLY