HomeMy WebLinkAbout05-12-22 Decision 4951 - Pole 17-4 (Mass Ave) TCf- •O k,
TOWN OF YARMOUTH
1C. BOARD OF APPEALS
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DECISION
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FILED WITH TOWN CLERK: June 2, 2022
PETITION NO:4951
HEARING DATE: May 12,2022
PETITIONER: New Cingular Wireless PCS, LLC ("AT&T")
c/o Michael R. Dolan, Esq., Brown Rudnick, LLP
OWNER: Eversource Energy, 247 Station Drive, Westwood,
MA 02090
PROPERTY: Utility Pole,as shown in the plans submitted with the Petition, located in
the public right of way adjacent to 75-77 Massachusetts Avenue,West
Yarmouth (address is reference only) in the R-25 zoning district
MEMBERS PRESENT IN-PERSON AND VOTING: Steven DeYoung(Chairman), Dick Martin,
and Jay Fraprie
MEMBERS NOT PRESENT IN-PERSON AT MEETING BUT WHO CERTIFIED
PARTICPATION AND VOTING: Sean Igoe (Vice Chair)
Notice of the hearing has been given by sending notice thereof to the Petitioner and all those owners
of property as required by law, and to the public by posting notice of the hearing and publishing in
The Cape Cod Times,the hearing opened and was held on the date stated above.
The Petition was presented by Michael R. Dolan, Esq. of Brown Rudnick, LLP, on behalf of New
Cingular Wireless PCS, LLC ("AT&T")concerning AT&T's petition to install, operate and maintain
Small Cell and Cloud Radio Access Network("CRAN")wireless communication antennas and
supporting equipment to be mounted to a new wooden utility pole, replacing an existing utility pole,
which is located in the public right of way adjacent to 75-77 Massachusetts Avenue (as shown on the
plans submitted with the Petition and incorporated herein by reference) within the R-25 zoning
district.
The proposed installation will consist of one (1) cylindrical antenna on top of the replacement
wooden utility pole at a total height of 37' above ground level, together with related wiring, fiber,
conduit, meter, and other associated antenna equipment, with additional supporting equipment to be
located in a cabinet all mounted on the new utility pole.
The Board unanimously concurred that the Petition meets the criteria under Section 408 of the Town
of Yarmouth Zoning Bylaw(the"Bylaw") for the granting of a Special Permit.
A Motion was made by Mr.Martin, seconded by Mr. Fraprie to grant the Special Permit as requested. The
members voted unanimously, by roll call vote, as follows:
Mr. DeYoung AYE
Mr. Fraprie AYE
Mr. Martin AYE
Mr. Igoe AYE
No permit shall issue until 20 days from the filing of this decision with the Town Clerk. This
decision must be recorded at the Registry of Deeds and a copy forwarded to the Board of Appeals.
Appeals from this decision shall be made pursuant to MGL c40A, Section 17 and must be filed
within 20 days after the filing of this notice/decision with the Town Clerk. Unless otherwise
provided herein, the Special Permit shall lapse if a substantial use thereof has not begun within 24
months. (See Bylaw, MGL c40A, Section 9)
Steven DeYoung, Chairman
CERTIFICATION OF TOWN CLERK
I, Mary A. Maslowski, Town Clerk, Town of Yarmouth, do hereby certify that 20 days have elapsed
since the filing with me of the above Board of Appeals Decision #4951 that no notice of appeal of said
decision has been filed with me, or, if such appeal has been filed it has been dismissed or denied. All
appeals have been exhausted.
Mary A. Maslowski