HomeMy WebLinkAbout4981 Pole 158-1 Windemere Rd Overview 08.19.22brown rudnick
Michael R. Dolan, Esq.
direct dial: 401-276-2610
mdolan@brownrudnick.com
August 15, 2022
Town of Yarmouth
Zoning Board of Appeals
Yarmouth Town Hall
1146 Route 28
South Yarmouth, MA 02664
RE:Wireless Communication Facility Special Permit Application
Applicant:New Cingular Wireless PCS, LLC (“AT&T” or the “Applicant”)
Site:Pole # 158-1 on Windemere Road a Private Drive Within the Beach Bank
Condominium near Assessor’s Map 21, Lot 31 in Yarmouth, MA (the
“Site”)
Facility:Install one (1) cylindrical antenna on the side of a 38’ 6” replacement
wooden utility pole (the “Pole”), at a top height of 28’ above ground level
(“AGL”), together with related wiring, fiber, conduit, meter, and other
associated antenna equipment, with associated electronic equipment to be
located in a cabinet all mounted on the Pole (the “Facility”).
Relief Requested:Special permit and waiver requests for a Wireless Communications
Facility, pursuant to: Sections 202.5 (F)(7), 408, and 103.2 of the Town of
Yarmouth Zoning Bylaw (hereinafter, the “Bylaw”), Massachusetts
General Laws chapter 40A; and the federal Telecommunications Act of
1996 (the “TCA”) for the construction, operation, and maintenance of a
Wireless Communication Facility, and such other relief as deemed
necessary, all rights reserved.
Dear Honorable Members of the Yarmouth Zoning Board of Appeals:
On behalf of AT&T, we are pleased to submit this brief to the Town of Yarmouth Zoning
Board of Appeals (the “Board”) in support of AT&T’s special permit Application and waiver
requests for the installation, operation and maintenance of the proposed Facility at the Site, all
rights reserved. The following provides background information regarding the Facility and
addresses each applicable section of the Bylaw.
BACKGROUND
The Site is located within the Residential R-25 zoning district. AT&T proposes to install
one (1) cylindrical antenna on the side of a 38’ 6” replacement wooden utility pole (the existing
pole is 32’ 6”) (the “Pole”), at a top height of 28’AGL, together with related wiring, fiber,
conduit, meter, and other associated antenna equipment, with associated electronic equipment to
be located in a cabinet all mounted on the Pole. The Facility is shown in detail on the plans (the
Brown Rudnick LLP I brownrudnick.com 110 Memorial Boulevard, Providence, Rl 02903 11.401.276.2600
Town of Yarmouth
Zoning Board of Appeals
August 15, 2022
Page 2
“Plans”) attached hereto and submitted with this Application. Section 202.5 (F) (7) of the Bylaw
indicates that wireless communication facilities are permissible within the R-25 zoning district,
subject to section 408 of the Bylaw. As will be further demonstrated by the Applicant through
evidence submitted to the Board at the public hearing(s) in connection herewith, such relief is
appropriate as the Facility satisfies all pertinent provisions and standards contained in the Bylaw
and Massachusetts General Laws, Ch. 40A for the granting of a special permit, all rights
reserved, as enumerated below.
AT&T has a license on a portion of the Pole from the owner of the Pole. AT&T operates
a nationwide wireless communications system that offers enhanced features such as caller ID,
voice mail, e-mail, superior call clarity, and high-speed data services. AT&T is in the process of
building out a national network as required and authorized by license issued by the Federal
Communications Commission (the “FCC”). By filling a significant coverage gap, the Facility
will aid in reaching AT&T’s goal of continuing to provide reliable wireless telecommunications
services in and around the Town of Yarmouth and to all of Massachusetts.
A reliable communications system depends on a grid of antennas arranged in a
geographical pattern, similar to a honeycomb. Each “cell” is created by an antenna and serves as
a link between the customer and the network, while that caller is within proximity to the cell site.
Each cell can handle a finite number of connections. As the number of customers increase, more
cell sites must be added to handle the increased volume. If this is not accomplished, connections
are dropped or customers’ calls are blocked and they will get a busy signal. A new antenna
installation must be constructed each time a new cell site is created.
AT&T submits that the Site is well suited for a Wireless Communications Facility and
that the Site satisfies the intent and purposes of the Bylaw, to the extent possible. As will be
demonstrated through the Application materials and the written and oral evidence at the public
hearing(s) in connection with the Application, the proposed Facility meets with all applicable
requirements of the Bylaw to the extent possible. The Facility will not adversely impact adjacent
properties and neighborhoods as the Facility will be located on a replacement utility Pole. The
location of the Facility will protect, to the extent practicable, the aesthetic qualities of the Town
of Yarmouth by utilizing a replacement utility Pole that is especially suited to the proposed use
and will minimize impacts to the interests protected by the Bylaw. The installation of the
Facility will not be a threat to public health, safety and welfare. In fact, Applicant submits that
the proposed Facility will aid in public safety by providing and improving wireless
communications services to the residents, businesses, commuters, and emergency personnel
utilizing wireless communications in the immediate vicinity and along the nearby roads. These
services further the public interest of health and safety as it will enable wireless 911 services to
be available to the community and communication services for the public. According to the
FCC, more than 240 million 911 calls, or nearly two-thirds of all calls received by the 911
centers nationwide, are made annually from mobile handheld devices in the United States. See
FCC Press Release, entitled FCC takes Action to Improve Wireless 9-1-1 Services, dated
September 23, 2010. Today, wireless infrastructure is required to assist with public safety needs.
Town of Yarmouth
Zoning Board of Appeals
August 15, 2022
Page 3
Consistent with the Bylaw, the Facility will function as a wireless communications
services facility within a local, regional, and national communications system. This system
operates under licenses from the FCC and AT&T is mandated and authorized to provide
adequate service to the general public. This Site was selected after a careful screening process
and was found useful to AT&T. The Facility will not generate any objectionable noise, odor,
fumes, glare, smoke, or dust or require additional lighting or signage. The Facility will have no
negative impact on property values in the area. No significant increase in traffic or hindrance to
pedestrian movements will result from the Facility.. This is an unmanned facility and will have
minimal negative effect on the adjoining lots. This Facility does not require police or fire
protection because the installation has its own monitoring equipment that can detect malfunction
and/or tampering.
COMPLIANCE WITH SECTION 408 OF THE BYLAW
408.1 Purpose. The purpose of this Bylaw is to establish guidelines for the siting of all
communication antennas, communication buildings, and communication towers in
the Town of Yarmouth.
AT&T’s Facility will comply with the Town of Yarmouth guidelines for the siting of
communication antennas as set forth in the Bylaw as discussed below.
408.2 Goals. The goals of this Bylaw are to:
1. To comply with all existing state and federal law and to facilitate the
availability of wireless service to the residents of Yarmouth while minimizing
adverse visual and environmental effects and impact of communication
antennas, communication buildings, and communication towers on the vistas
of the community through careful design, siting, and vegetative screening;
2. manage the placement of all communication antennas, communication
buildings, and communication towers so as to minimize the total number
throughout the community, and;
3. avoid potential damage to adjacent properties from the failure of
communication antennas and communication towers by careful engineering
and siting.
The Facility will be in harmony with the goals of this Bylaw because the proposed
Facility will be located upon a replacement utility pole and will help to minimize
the overall number of towers in the area. The location of the Facility on the Pole,
while slightly exceeding the Pole’s height, will help protect the aesthetic qualities
of the Town of Yarmouth. The Facility will be a passive use and will not cause
any nuisance such as unreasonable noise, vibration, smoke, odor or dust. The
Facility will comply with all applicable laws and regulations including the FCC
Town of Yarmouth
Zoning Board of Appeals
August 15,2022
Page 4
requirements relating to the radio frequency emissions and the Massachusetts
State Building Code. Further, the Facility will improve communication coverage
and capacity and improve connections in this area of the Town of Yarmouth. The
Facility will improve emergency communications for police and fire personnel by
reducing the number and frequency of dropped and incomplete calls due to weak
signals and adding an additional layer of communication to traditional land lines.
In fact, published reports have highlighted the fact that during and after adverse
major weather events, including ice storms, wireless communications has been the
only form of reliable communication. These services further the public interest of
health and safety as they will maintain wireless 911 services to the community
and communication services for the public. According to the FCC, more than 240
million 911 calls, or nearly two-thirds of all calls received by the 911 centers
nationwide, are made annually from mobile handheld devices in the United
States. See FCC Press Release, entitled FCC takes Action to Improve Wireless
9-1-1 Services, dated September 23, 2010. Today, wireless infrastructure is
required to assist with public safety needs. Lastly, the installation of the Facility
at the Site will assist the Town of Yarmouth in complying with its obligations
under the TCA.
408.3 Non-Applicability. This section is not intended to be applicable to equipment
accessory and incidental to residential and other business uses, such as satellite
dishes under two feet in diameter for television reception, television antennas, or
antennas under 75 feet in height used by federally licensed amateur radio operators.
The Facility will not be an accessory use and this provision does not apply to this
Application.
408.4 Special Permit. No communication antennas, communication buildings, or
communications towers shall be erected, constructed, installed, without first
obtaining a Special Permit from the Board or Appeals. The Board of Appeals may
retain a technical expert in the field of RF engineering to review an application. The
cost for such a technical expert will be at the expense of the applicant.
Guyed towers, lattice towers, utility towers and monopoles in existence at the time of
adoption of this Bylaw may be reconstructed, altered, extended or replaced on the
same site by Special Permit, as outlined in Bylaw section 104.3.2. In making such a
determination, the Board of Appeals shall also consider whether the proposed
reconstruction, alteration, extension or replacement will promote the intentions,
goals, and purposes of this bylaw and will create public benefits such as
opportunities for co-location, improvements in public safety, and/or reduction in
visual and environmental impacts.
This Application is submitted pursuant to this provision of the Bylaw. AT&T
respectfully asserts that it has provided the Board with Plans and materials of sufficient
Town of Yarmouth
Zoning Board of Appeals
August 15, 2022
Page 5
detail for the Board to render an informed decision and that retaining a technical expert is
unnecessary given the limited scope of this project.
408.4.1 The Board of Appeals may alter or waive one or more of the requirements of
section 408 if it finds that the alteration or waiver of the requirement(s) will
not derogate from the intent of the bylaw.
AT&T respectfully requests waivers as discussed below and as listed in the
Requested Waivers submitted herewith.
408.5 Application Procedures.
408.5.1 Application to the Board of Appeals for a Special Permit shall be as outlined
in section 103 of this Bylaw.
AT&T’s Application complies with this provision of the Bylaw as discussed
below.
408.5.2 Site Plan Review, per section 103 of this Bylaw, shall be required prior to
application to the Board of Appeals.
Per previous direction from the Building Commissioner, AT&T has been advised
that Site Plan Review is not required for the proposed Facility.
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 refer to the Plans submitted herewith.
408.6.2 Location Filing Requirements.
1. Tax map and parcel number of subject property
The Site is identified as utility pole # 158-1 within the private drive Windemere
Road near Assessor’s Map 21, Lot 31.
2. Zoning district designation for the subject parcel.
The Site is located within the R-25 zoning district.
Town of Yarmouth
Zoning Board of Appeals
August 15, 2022
Page 6
3. Proposed location of any antenna, mount, tower, mount, or equipment
shelter.
Please refer to the Plans submitted herewith.
4. Proposed security barrier, indicating type and extent as well as point of
controlled entry.
AT&T’s Facility will not have an equipment shelter or equipment cabinets on
ground level. A locked cabinet will be attached to the Pole with the bottom of the
cabinet 11’ 6” AGL.
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.
AT&T has submitted a map illustrating the locations of its existing and proposed
facilities in and around Yarmouth. To the extent that the map does not illustrate
the locations of facilities of other wireless communications services providers and
therefore does not strictly comply with this provision of the Bylaw, AT&T
respectfully requests a waiver.
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.
Please refer to the RF Coverage Maps illustrating AT&T locations and proposed
locations submitted herewith.
408.6.3 Siting Filing Requirements
1. A one inch equals 40 feet (l"=40') Vicinity Plan showing the following:
A. Property lines for the subject property.
AT&T proposes to attach an antenna to the side of a replacement wooden
utility Pole within Windemere Road with no equipment cabinet or shelter
at ground level. AT&T respectfully asserts that the Plans and materials
submitted are of sufficient detail for the Board to render an informed
decision. To the extent that the Plans do not strictly comply with this
provision of the Bylaw, AT&T requests a waiver.
B. Property lines of all properties adjacent to the subject property within
300 feet.
Town of Yarmouth
Zoning Board of Appeals
August 15, 2022
Page 7
AT&T proposes to attach an antenna to the side of a replacement wooden
utility Pole on Windemere Road with no equipment cabinet or shelter at
ground level. AT&T respectfully asserts that the Plans and materials
submitted are of sufficient detail for the Board to render an informed
decision. To the extent that the Plans do not strictly comply with this
provision of the Bylaw, AT&T requests a waiver.
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.
AT&T proposes to attach an antenna to the side of a replacement wooden
utility Pole with no equipment cabinet or shelter at ground level. AT&T
respectfully asserts that the Plans and materials submitted are of sufficient
detail for the Board to render an informed decision. To the extent that the
Plans do not strictly comply with this provision of the Bylaw, AT&T
requests a waiver.
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.
AT&T proposes to attach an antenna to the side of a replacement wooden
utility Pole within Windemere Road, with no equipment cabinet or shelter
at ground level. AT&T respectfully asserts that the Plans and materials
submitted are of sufficient detail for the Board to render an informed
decision. To the extent that the Plans do not strictly comply with this
provision of the Bylaw, AT&T requests a waiver.
E. Proposed location of antenna, mount and equipment shelter(s).
Please refer to Sheet A-l of the Plans submitted herewith.
F. Proposed security barrier, indicating type and extent as well as point
of controlled entry.
As AT&T’s Facility will not entail any equipment shelter or cabinet at
ground level, no barrier is proposed as a part of this project.
G. 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 Communications Facility.
Town of Yarmouth
Zoning Board of Appeals
August 15,2022
Page 8
Please refer to Plan Detail 1/A-l on Sheet A-l of the Plans. AT&T
proposes to attach an antenna to the side of a replacement wooden utility
Pole on Windemere Road with no equipment cabinet or shelter at ground
level. AT&T respectfully asserts that the Plans and materials submitted
are of sufficient detail for the Board to render an informed decision. To
the extent that the Plans do not strictly comply with this provision of the
Bylaw, AT&T requests a waiver.
H. Distances, at grade, from the proposed Communications Facility to
each building on the vicinity plan.
AT&T proposes to attach an antenna to the side of a replacement wooden
utility Pole with no equipment cabinet or shelter at ground level. AT&T
respectfully asserts that the Plans and materials submitted are of sufficient
detail for the Board to render an informed decision. To the extent that the
Plans do not strictly comply with this provision of the Bylaw, AT&T
requests a waiver.
I. Contours at each two feet above mean sea level for the subject
property and adjacent properties within 300 feet.
AT&T proposes to attach an antenna to the side of a replacement wooden
utility Pole with no equipment cabinet or shelter at ground level and no
alteration of the existing topography on Site. AT&T respectfully asserts
that the Plans and materials submitted are of sufficient detail for the Board
to render an informed decision. To the extent that the Plans do not strictly
comply with this provision of the Bylaw, AT&T requests a waiver.
J. All proposed changes to the existing property, including grading,
vegetation removal and temporary or permanent roads and
driveways.
Please refer to the Plans submitted herewith. AT&T’s Facility will not
entail changes to grade, removal of vegetation or installation of roads or
driveways.
K. 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.
Please refer to Sheet A-l of the Plans submitted herewith.
Town of Yarmouth
Zoning Board of Appeals
August 15, 2022
Page 9
L. 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.
AT&T proposes to attach an antenna to the side of a replacement wooden
utility Pole with no equipment cabinet or shelter at ground level and has
submitted photographs and simulations of the proposed Facility. AT&T
respectfully asserts that the Plans and materials submitted are of sufficient
detail for the Board to render an informed decision. To the extent that the
Plans do not strictly comply with this provision of the Bylaw, AT&T
requests a waiver.
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.
AT&T proposes to attach an antenna to the side of a replacement wooden
utility Pole with no equipment cabinet or shelter at ground level and has
submitted Photographs and Simulations of the proposed Facility. AT&T
respectfully asserts that the Plans and materials submitted are of sufficient
detail for the Board to render an informed decision. To the extent that the
Plans do not strictly comply with this provision of the Bylaw, AT&T
requests a waiver.
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.
Please refer to the Photographs and Simulations submitted herewith.
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.
Please refer to the photographs and Simulations submitted herewith.
Town of Yarmouth
Zoning Board of Appeals
August 15,2022
Page 10
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.
Please refer to the Photographs and Simulations submitted herewith.
AT&T respectfully suggests that images of the Site from the distances
listed within this provision of the Bylaw will be too far from the
Facility to see the proposed installation and AT&T requests a waiver.
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 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.
Please refer to the Photographs and Simulations submitted herewith. As the top
of the antenna will only be 28’ AGL, AT&T respectfully asserts that one view of
the Facility is sufficient to provide a visual representation. To the extent that the
Plans and materials submitted herewith do not strictly comply with this provision
of the Bylaw, AT&T requests any waivers.
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.
Please refer to the Plans and materials submitted herewith.
Town of Yarmouth
Zoning Board of Appeals
August 15,2022
Page 11
2. Materials of the proposed Communications Facility specified by generic type
and specific treatment (e.g., anodized aluminum, stained wood, painted
fiberglass, etc.)
Please refer to the Plans and materials submitted herewith.
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.
Please refer to the Photographs and Simulations submitted herewith. AT&T’s
antenna and equipment will be a neutral, non-reflective color.
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.
Please refer to Sheets A-l and A-2 of the Plans submitted herewith.
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.
Please refer to the Photographs and Simulations submitted herewith. As the top
of the antenna will only be 28’ AGL, AT&T respectfully asserts that one view of
the Facility is sufficient to provide a visual representation. To the extent that the
Plans and materials submitted herewith do not strictly comply with this provision
of the Bylaw, AT&T requests any waivers.
6. Landscape plan including existing trees and shrubs and those proposed to be
added, identified by size of specimen at installation and species.
Please refer to Detail 1/A-l on Sheet A-l of the Plans submitted herewith. AT&T
proposes to attach an antenna to the side of a replacement wooden utility Pole
with no equipment cabinet or shelter at ground level and does not propose any
additional vegetative screening on Site. AT&T respectfully asserts that the Plans
and materials submitted are of sufficient detail for the Board to render an
informed decision. To the extent that the Plans do not strictly comply with this
provision of the Bylaw, AT&T requests a waiver.
Town of Yarmouth
Zoning Board of Appeals
August 15, 2022
Page 12
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.
AT&T proposes to attach an antenna to the side of a replacement wooden utility
Pole on Windemere Road with no equipment cabinet or shelter at ground level
and has submitted Photographs and Simulations of the proposed Facility. AT&T
respectfully asserts that the Plans and materials submitted are of sufficient detail
for the Board to render an informed decision and that a balloon test is unnecessary
for an installation mounted on a utility Pole and requests a waiver.
8. If lighting of the site is proposed, the applicant shall submit a manufacturers
computer-generated point-to-point printout, indicating the horizontal
footcandle 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.
No additional lighting will be added to the Site as a result of the proposed
Facility.
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.
AT&T respectfully asserts that its Facility will not generate excessive noise and that a
noise statement with the calculations as described in this provision of the Bylaw is not
necessary given the scope of the project. Therefore, AT&T requests a waiver from this
requirement.
Town of Yarmouth
Zoning Board of Appeals
August 15, 2022
Page 13
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 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.
AT&T does not propose a tower but will install an antenna on a replacement
wooden utility Pole, thereby preserving the aesthetic qualities of the Town of
Yarmouth. The Facility will comply with all applicable regulations and guidelines
of the FAA, FCC and Massachusetts building code.
408.7.2 Location. No Communications Facility, antenna, or tower may be located in
the Town of Yarmouth except as noted in this bylaw.
AT&T’s proposed Facility will comply with the provisions of the Bylaw as
discussed herein.
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.
AT&T’s Facility will be located within the R-25 zoning district on an existing
structure as encouraged by this provision of the Bylaw.
2. Communication antennas, buildings, or towers other than those for Personal
Wireless Service Facilities (i.e., those not defined in the Telecommunications
Town of Yarmouth
Zoning Board of Appeals
August 15,2022
Page 14
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.
AT&T is a federally licensed provider of wireless communications services and
this provision of the Bylaw does not apply to this Application.
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.
AT&T’s Facility will be located upon a replacement wooden utility Pole in
compliance with this provision of the Bylaw.
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.
AT&T supports collocation as a means of reducing the overall number of stand
alone facilities in Town. However, given the limited height of the Pole, AT&T
respectfully asserts that colocation of the equipment of additional wireless
communications services providers on this Pole in the future is not feasible.
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 verily if co-location at the site is not feasible or is feasible
given the design configuration most accommodating to co-location.
Town of Yarmouth
Zoning Board of Appeals
August 15, 2022
Page 15
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.
AT&T supports collocation as a means of reducing the overall number of stand
alone facilities in Town. However, given the limited height of the Pole, AT&T
respectfully asserts that colocation of the equipment of additional wireless
communications services providers on this Pole in the future is not feasible.
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.
As discussed above, additional collocation on this Pole will not be feasible.
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.
The Facility will not be located on or within an historic structure.
2. Any alteration made to an historic structure to accommodate a
Communications facility shall be fully reversible.
AT&T’s Facility will comply with this provision of the Bylaw.
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.
The Facility will not be located within the old King’s Highway Regional Historic
District and this provision of the Bylaw does not apply to this Application.
4. The siting of Communications Facilities which are located in the Old King's
Highway Regional Historic District requires the additional approval of the
appropriate authority.
The Facility will not be located within the old King’s Highway Regional Historic
District and this provision of the Bylaw does not apply to this Application.
Town of Yarmouth
Zoning Board of Appeals
August 15,2022
Page 16
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.
AT&T’s Facility will be located upon a replacement wooden utility Pole and not
within an open area.
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.
AT&T’s Facility will not be located within 300’ of a scenic road as designated on
the Town of Yarmouth Scenic Roads map.
3. Personal Wireless Service Facilities shall not be located within the Viewshed
as designated and located in the VCOD.
AT&T’s Facility will not be located within the viewshed of the VCOD.
408.7.6 Dimensional Requirements. All Communications Facilities shall comply with
the dimensional and setback requirements of Bylaw section 203 (Intensity of
Use Regulations).
AT&T’s Facility will comply with the requirements of Section 203..
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.
AT&T’s Facility will be located on the side of a 38’ 6” replacement wooden
utility Pole (the existing pole is 32’ 6”) and will not increase the height of the
Pole. Therefore, the facility is exempt from the height requirement of this
provision of the Bylaw pursuant to Section 408.7.6 of the Bylaw.
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
Town of Yarmouth
Zoning Board of Appeals
August 15, 2022
Page 17
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.
AT&T’s Facility will not be a Ground-mounted Facility and this provision of the
Bylaw does not apply to this Application.
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.
AT&T’s Facility will be a Side-Mounted Facility and will project only 32” from
the side of the 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.
AT&T’s Facility will not be mounted on a tower and this provision of the Bylaw
does not apply to this Application.
408.7.6. 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.
AT&T’s Facility will be located on the side of a 38’ 6” replacement wooden
utility Pole (the existing pole is 32’ 6”). Therefore, the facility is exempt from the
height requirement of this provision of the Bylaw pursuant to this provision of the
Bylaw.
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.
Town of Yarmouth
Zoning Board of Appeals
August 15, 2022
Page 18
408.7.7
No microwave dishes are proposed on Site as a part of this Facility.
Parking Requirements. All Communications Facilities must meet the
parking and buffer requirements of Bylaw section 301 (Parking and Loading
Requirements).
AT&T’s Facility will be located upon a replacement wooden utility pole on
Windemere Road. The Facility will be unmanned and no parking spaces or
landscape buffers are proposed. To the extent necessary, AT&T requests a waiver
from this provision of the Bylaw.
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.
AT&T’s Facility will be located on a replacement wooden utility pole and not on
a communication tower.
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 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.
408.7.10
The Facility will comply with this provision of the Bylaw. Existing mature tree
growth and natural land forms will be preserved as no equipment cabinets will be
located at ground level and no parking spaces are proposed as a part of this
project. The antenna will be located upon a replacement wood utility Pole and
not upon a tower structure.
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.
Town of Yarmouth
Zoning Board of Appeals
August 15, 2022
Page 19
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.
AT&T’s Facility will comply with this provision of the Bylaw.
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.
AT&T’s antenna will not be mounted upon a Building and this provision does not
apply to this Application.
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.
AT&T’s antenna will not be mounted upon a Building and this provision does not
apply to this Application.
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 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.
AT&T’s antenna will be mounted on the side of replacement wooden utility pole with no
equipment mounted on the ground. AT&T respectfully asserts that the visual impact of
the Facility will be minimal and that the planting of a vegetative buffer is not necessary at
this Site and AT&T requests a waiver from this provision of the Bylaw.
Town of Yarmouth
Zoning Board of Appeals
August 15, 2022
Page 20
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 footcandle measurements at the property line shall be 0.0
initial footcandles when measured at grade.
No additional lighting will be installed on Site as a result of the Facility.
2. Signs shall meet the design and display criteria of Bylaw section 303.
The Facility will comply with this provision of the Bylaw.
3. All ground mounted Communications Facilities shall be surrounded by a
security barrier, where appropriate and necessary.
AT&T’s Facility will not be ground-mounted and this provision of the Bylaw
does not apply to this Application.
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
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
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.
AT&T does not propose an equipment shelter as no equipment will be located at ground
level.
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.
Town of Yarmouth
Zoning Board of Appeals
August 15, 2022
Page 21
AT&T’s Facility will not be located in or near any wetlands.
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.
The Facility will not entail the handling, storage, or disposal of hazardous
materials.
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.
AT&T’s Facility is not ground-mounted and this provision of the Bylaw does not
apply to this Application.
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.
AT&T’s Facility will not be mounted on a Building and this provision of the
Bylaw does not apply to this Application.
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).
AT&T’s Facility will comply with this provision of the Bylaw as evidenced by
the report of Donald L. Haes, Jr., CHP submitted herewith.
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
AT&T’s Facility will comply with this provision of the Bylaw.
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
Town of Yarmouth
Zoning Board of Appeals
August 15, 2022
Page 22
setting forth the particular terms, conditions, and provisions have been executed by
the applicant and the Town of Yarmouth.
AT&T’s Facility will not be located on Town-owned land. Please refer to the Letter of
Authorization from Ever source.
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.
AT&T will comply with this provision of the Bylaw.
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.
AT&T will comply with this provision of the Bylaw to the extent not preempted by
federal law, all rights reserved.
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.
AT&T will comply with this provision of the Bylaw.
Town of Yarmouth
Zoning Board of Appeals
August 15, 2022
Page 23
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 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.
AT&T will comply with this provision of the Bylaw.
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.
AT&T will work with the Board to post a bond in a mutually agreeable amount
should the Board require a bond by way of condition on a favorable decision.
COMPLIANCE WITH SECTION 103.2 OF THE BYLAW
103.2 Special Permits.
103.2.1 Special Permit granting authority. Unless specifically designated otherwise,
the Board of Appeals shall act as the special permit granting authority.
Applications to the Board of Appeals for a special permit shall be filed with
the Town Clerk. Applications to other special permit granting authorities
shall be made directly to those authorities.
This Application is submitted in compliance with this provision of the Bylaw.
103.2.2 Criteria. Special permits shall not be granted unless the applicant
demonstrates that no undue nuisance, hazard or congestion will be created
and that there will be no substantial harm to the established or future
Town of Yarmouth
Zoning Board of Appeals
August 15, 2022
Page 24
character of the neighborhood or town. In addition, individual sections of
the Zoning Bylaw contain supplemental special permit criteria for specific
uses and types of development.
The Facility will not create any undue nuisance, hazard or congestion to the
neighborhood because the proposed Facility will be located upon a replacement
telephone pole and will help to minimize the overall number of towers in the area.
The location of the Facility on the side of a replacement wooden utility Pole, will
help protect the aesthetic qualities of the Town of Yarmouth. The Facility will be
a passive use and will not cause any nuisance such as unreasonable noise,
vibration, smoke, odor or dust. The Facility will comply with all applicable laws
and regulations including the FCC requirements relating to the radio frequency
emissions and the Massachusetts State Building Code. Further, the Facility will
improve communication coverage and capacity and improve connections in this
area of the Town of Yarmouth. The Facility will improve emergency
communications for police and fire personnel by reducing the number and
frequency of dropped and incomplete calls due to weak signals and adding an
additional layer of communication to traditional land lines. In fact, published
reports have highlighted the fact that during and after adverse major weather
events, including ice storms, wireless communications has been the only form of
reliable communication. These services further the public interest of health and
safety as they will maintain wireless 911 services to the community and
communication services for the public. According to the FCC, more than 240
million 911 calls, or nearly two-thirds of all calls received by the 911 centers
nationwide, are made annually from mobile handheld devices in the United
States. See FCC Press Release, entitled FCC takes Action to Improve Wireless
9-1-1 Services, dated September 23, 2010. Today, wireless infrastructure is
required to assist with public safety needs. The installation of the Facility at the
Site will assist the Town of Yarmouth in complying with its obligations under the
TCA. Furthermore, the facility will comply with the applicable provisions of
Section 408 of the Bylaw as discussed above.
103.2.3 Public hearing. Special permits shall only be issued following public
hearings held within sixty-five (65) days after filing with the special permit
granting authority an application, a copy of which shall forthwith be given to
the Town Clerk by the applicant.
No response is required of the Applicant.
103.2.4 Conditions. Special permits may be granted with such reasonable
conditions, regulations or limitations as the special permit granting authority
may deem necessary to serve the purposes of this bylaw.
Town of Yarmouth
Zoning Board of Appeals
August 15,2022
Page 25
AT&T will comply with any reasonable condition pertaining to the Facility which
the Board may place upon a favorable decision.
103.2.5 Expiration. Special permits shall lapse if a substantial use thereof or
construction has not begun, except for good cause, within twenty-four (24)
months of special permit approval (exclusive of time required to pursue or
await the determination of an appeal referred to in G.L. ch. 40A, sec. 17, as
amended, from the grant thereof).
AT&T acknowledges this provision of the Bylaw.
THE TELECOMMUNICATIONS ACT OF 1996 - THE TCA
The Federal TCA provides that: no laws or actions by any local government or planning or
zoning board may prohibit, or have the effect of prohibiting, the placement, construction,
or modification of communications towers, antennas, or other wireless facilities in any
particular geographic area, see 47 U.S.C. §332(c)(7)(B)(i); local government or planning or
zoning boards may not unreasonably discriminate among providers of functionally
equivalent services, see 47 U.S.C. §332(c)(7)(B)(i); health concerns may not be considered
so long as the emissions comply with the applicable standards of the FCC, see 47 U.S.C.
§332(c)(7)(B)(iv); and, decisions must be rendered within a reasonable period of time, see
47 U.S.C. §332(c)(7)(B)(ii) and the FCC’s Declaratory Ruling commonly referred to as the
“Shot Clock”.
CONCLUSION
As evidenced by the materials submitted with the Application and as will be further
demonstrated by AT&T by evidence submitted to the Board at the public hearing(s) in
connection herewith, in light of the TCA the Facility satisfies the intent and objectives of the
Bylaw. The Facility will not have any adverse effect on property values in the area. The Facility
will not be dangerous to the public health or safety as it is designed to comply with all applicable
FCC requirements relating to radio frequency emissions and will comply with all applicable
requirements of the Massachusetts building code. Indeed, the maximum radio frequency output
per channel for this Facility will be well below the maximum radio frequency exposure levels
established by the FCC. The Facility is a passive use, and will not cause any nuisance such as
unreasonable noise, vibration, smoke, odor or dust. Further, the Facility will improve
communication coverage to residents, commercial establishments and travelers through the area
and improves call connections in this area of the Town of Yarmouth. The Facility will improve
emergency communications for police and fire personnel by reducing the number and frequency
of dropped and incomplete calls due to weak signals and adding an additional layer of
communication to traditional land lines. In fact, published reports have highlighted the fact that
during and after adverse major weather events, including ice storms, wireless
telecommunications has been the only form of reliable communication. Lastly, the installation
Town of Yarmouth
Zoning Board of Appeals
August 15,2022
Page 26
of the Facility at the Site will assist the Town of Yarmouth in complying with its obligations
under the TCA.
AT&T respectfully requests that the Board grant all necessary relief to install and operate
the Facility. For the foregoing reasons, as well as to satisfy the mandate of the Federal
Government to facilitate competition in the telecommunications industry as set forth in the TCA,
AT&T respectfully requests that the Board grant the foregoing zoning relief. We respectfully
submit that the standards for relief as set forth in the Bylaw as well as Massachusetts law relating
to zoning must be interpreted and applied such that the decision issued by the Board is in
conformance with the TCA. Accordingly, a denial of the foregoing petition would effectively
prohibit AT&T from providing adequate service to the Town of Yarmouth and thus would be
contrary to the purpose and intent of the TCA.
Sincerely,
BROWN RUDNICK LLP
Town of Yarmouth
Zoning Board of Appeals
August 15, 2022
Page 27
ATTACHMENTS
1. Application Forms
2. Eversource License/Letter of Authorization
3. Certified Abutters List
4. RF Coverage Maps
5. Report of Donald L. Haes, CHP
6. Photographs and Simulations
7. Plans
8. Consent Letter from Beach Bank Condominium Association
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