HomeMy WebLinkAboutDecison 4952 - Cingular Pole 19 7-11 Grove St WY TC Certified 06.23.22Y`qR
TOWN OF YARMOUTH
BOARD OF APPEALS0 .,,, a - y DECISION
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FILED WITH TOWN CLERK: June 2, 2022
PETITION NO:4952
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 3
PROPERTY: Utility Pole, as shown in the plans submitted with the Petition, located
in the public right of way adjacent to 7-11 Grove Street,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 communication9litentias and
supporting equipment to be mounted on an existing utility pole which is located 1 i the public right of
way adjacent to 7-11 Grove Street(as shown on the plans submitted with the Petition and
incorporated herein by reference)within the R-25 zoning district. COPY-ATTEST:
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adtit9/ tr TOWN CLERK
Jun 2 3 2022
The proposed installation will consist of one (1) cylindrical antenna on top of the existing wooden
utility pole at a total height of 31' 1" 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. Fraprie, seconded by Mr. Martin 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)
It
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 #4952 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.
kkAy-07 Wt,(411)11-444
Mary A. Maslowski JUN 2 3 2022
A TRUE COPY ATTEST:
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CMMC I CMC!TCWN CLERK
cffx •Y.ltk COMMONWEALTH OF MASSACHUSETTS
TOWN OF YARMOUTH
tt,.BOARD OF APPEALS
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Petition #: 4952 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 7-11 Grove Street, West Yarmouth,
MA(address is reference only); Map #: 20; Parcel#: 35 & 36; 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.
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Steven S. DeYoung, C airman
A TRUE COPY ATTEST:
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t.MM J CPJMC/TC,ANN CLERK
11N 2 3 2022