HomeMy WebLinkAbout4981 Pole 158-1 Windemere Rd Decision Certified 11.15.22 t ` :` a TOWN OF YARMOUTH
0 BOARD OF APPEALS
' :; 'ft.] DECISION
•
, rt
FILED WITH TOWN CLERK: October 18, 2022
PETITION NO: 4981
HEARING DATE: September 22, 2022
PETITIONER: New Cingular Wireless PCS,LLC ("AT&T")
do 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 on private drive near Windemere
Road, West Yarmouth (address is reference only),
Map 21,Parcel 31 in the R-25 zoning district
MEMBERS PRESENT AND VOTING: Sean Igoe (Acting Chairman),Dick Martin, Jay
Fraprie and John Mantoni.
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 Applicant seeks a Special Permit under §408 and §103.2, and Use §202.5(F7), for the
construction, operation and maintenance of small cell wireless equipment, which will be attached
to an existing utility pole on private drive near Windemere Road.
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 near the private drive Windemere Road (Assessor's Map
21, Lot 31), as shown on the plans submitted with the Petition and incorporated herein by
reference, within the R-25 zoning district.
A TRUE COPY ATTEST:
nteXta hi/qt./XJ(46>
eMMC I CMC I TcwN CLEF;K
NOV 15 22
The proposed installation will consist of one (1)cylindrical antenna side-mounted on the 38'6"
replacement wooden utility pole at an antenna top height of 28' 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. Mantoni to grant the Special Permit as
requested. The members voted as follows:
- Mr. Mantoni: AYE
- Mr. Fraprie: AYE
- Mr. Martin: AYE
- Vice Chair Igoe: AYE
No permit shall issue until 20 days from the filing of this decision with the Town Clerk. Appeals
from this decision shall be made pursuant to MGL c40A section 17 and must be filed within 20
days after 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 §103.2.5, MGL c40A §9)
Sean Igoe, Vice Chair
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#4981 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.
MaryT/404"..A).(W/144)(1404
Maslowski
NOV 1 5 2022
A TRUE COPY ATTEST:
1.41/)e.
CMMC:I CMC I i'C1/liti CLEEK
NOV 1 5 2022
v 'A * COMMONWEALTH OF MASSACHUSETTS
- ;, p TOWN OF YARMOUTH
` BOARD OF APPEALS
4.It1'4 G.Vitt �.
s
Petition#: 4981 Date: November 8,2022
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 on private drive near Windemere Road, West Yarmouth,MA(address is
reference only); Map #: 21; Parcel#: 31; 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.
5 -5Ze
Sean Igoe, Vice Chair
A TRUE COPY ATTEST:
CMMC C M;W1146)(44/IGIAN CLE :K
NOV 15 2,72