HomeMy WebLinkAboutDecison 4951 - Cingular Pole 17-4 75-77 Massachusetts Ave WY TC Certified 06.23.22at*
r TOWN OF YARMOUTH
BOARD OF APPEALS
Out- 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 th replacement
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wooden utility pole at a total height of 37' above ground level,together with reita3416n9
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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.
1/h4t,1-- Yht<itht14-441 •
Mary A. Maslowski
JUN Z 3 2022
A TRUE COPY ATTEST:
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0 TOWN OF YARMOUTH
BOARD OF APPEALS
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Petition #: 4951 Date: June 23,2022
Certificate of Granting of a Special Permit
General Laws Chapter 40A, Section 11)
The Board of Appeals of the Town of Yarmouth Massachusetts hereby certifies that a Special Permit has been
granted to:
New Cingular Wireless PCS,LLC ("AT&T")
Eversource Energy,247 Station Drive,Westwood,MA 02090
Affecting the rights of the owner with respect to land or buildings at: 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, MA(address is reference only); Map #: 22; Parcel#: 434 & 435; Zoning District: R-25 and the
said Board of Appeals further certifies that the decision attached hereto is a true and correct copy of its decision
granting said Special Permit, and copies of said decision, and of all plans referred to in the decision, have been
filed.
The Board of Appeals also calls to the attention of the owner or applicant that General Laws, Chapter 40A,
Section 11 (last paragraph) and Section 13, provides that no Special Permit, or any extension, modification or
renewal thereof, shall take effect until a copy of the decision bearing the certification of the Town Clerk that
twenty (20) days have elapsed after the decision has been filed in the office of the Town Clerk and no appeal
has been filed or that, if such appeal has been filed, that it has been dismissed or denied, is recorded in the
Registry of Deeds for the county and district in which the land is located and indexed in the grantor index under
the name of the owner of record or is recorded and noted on the owner's certificate of title. The fee for such
recording or registering shall be paid by the owner or applicant.
Steven S. DeYoung, C airman
A TRUE COPY ATTEST
ettimC tCMC!TOM CLERK
JUN 2 3 2022