HomeMy WebLinkAboutDecision 4525 June 2014I
TOWN OF YARMOUTH
BOARD OF APPEALS
I DECISION 'AJG123
FILED WITH TOWN CLERK: June 25, 2014
PETITION NO: 4525
HEARING DATE: May 22, 20
PETITIONER: New Cingular Wireless PCS, LLC by and through its Manager, AT&T
Mobility I I
PROPERTY: 1044 Route 28, South Yarmouth
Map & Lot#: 0050.189.1; Zoning District: B2
Book/Page: 66I91144
MEMBERS PRESENT AND VOTING: Steven DeYoung, Chairman, Debra Martin, Bryant
Palmer, Richard Neitz and Gerald Garnick.
Notice of the hearing has been giv In bsending 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
Register, the hearing opened and held i n the date stated above.
The Petitioner is New Cingular Wireless PCS, LLC by and through its Manager, AT&T Mobility.
AT&T operates a nationwide wireless communications system that offers enhanced features such
as caller ID, voice mail, e-mail, and 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 AT&T's license
issued by the Federal Communications Commission (the "FCC"). Attorney Michael R. Dolan of
Brown Rudnick, LLP, appeared in s�pport of the Petition. The Petitioner seeks a Special Permit for
a Wireless Communications Facilit�, pursuant to Section 202.5 of the Town of Yarmouth Zoning
Bylaw, (hereinafter the "Bylaw") Use Regulation Table, Use F7, Section 408.4, and Section 103.2
of the Bylaw; a dimensional variance from the terms of Section 408.7.6.1 pursuant to Section
102.2.2 of the Bylaw; and to the extent necessary a variance from the terms of Section 408.7.5
(3) pursuant to Section 102.2.2 of the Bylaw, and, all other required relief pursuant to
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
on property located at 1044 Route 28, South Yarmouth, MA, property located in a B-2 Business
zoning district and the Village deniers
enl ers Overlay District (VC 3) (henceforth "VCOD").
Pursuant to the above, the Petitioner seeks approval to install six panel antennas at the 40' 6" and 32'
6" centerline heights (above ground level, hereafter "AGL") within a replacement steeple structure
on the. roof of the existing Chu` ch, together with related amplifiers, cables, fiber and other
associated antenna equipment, ,� cluding remote radio heads, surge arrestors, and global
positioning system antennas 'with associated electronic equipment, emergency backup power
generator and other appurtenances in AT&T's proposed equipment shelter located within a
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clearing on the grounds of the Church (the "Facility"). This is permitted by Special Permit subject to
the following:
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.
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.
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.
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.
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.
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.
408.5.2 Site Plan Review, per section 103 of this Bylaw, shall be required prior to
application to the Board of Appeals.
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.
408.6.2 Location Filing Requirements.
1. Tax map and parcel number of subject property
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2. Zoning District designation for the subject parcel.
3. Proposed location of any antenna, mount, tower, mount, or
equipment shelter.
4. Proposed Iecurity barrier, indicating type and extent as well as
point of controlled entry.
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 bf its corporate limits.
6. If the application is for a Personal Wireless Service Facility, a
plan sho;i ing the proposed locations of all existing and future
Personal Wireless Service Facilities in the Town on a Town -
wide map for this carrier.
408.6.3 Siting Filing
Requirements)
1. A one inch equals 40 feet
(1 "=40') Vicinity Plan showing the following:
A.
Property lines foIr the subject property.
B.
Property lines of all properties adjacent to the subject property within
300 feet.
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.
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.
E.
Proposed location of antenna, mount and equipment shelter(s).
F.
Proposed security barrier, indicating type and extent as well as point
of controlled entry.
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.
H.
Distances, at grade, from the proposed Communications Facility to
each building on the vicinity plan.
1.
Contours at'each two feet above mean sea level for the subject
property and adjacent properties within 300 feet.
J.
All proposed changes to the existing property, including grading,
vegetation removal and temporary or permanent roads and
K.
driveways.
Representa lio dimensioned to scale, the
, and of proposed mount,
antennas, equipment shelters, cable runs, parking areas and any other
construction or development attendant to the Communications
Facility.
L.
Lines represenling the sight line showing viewpoint (point from which
view is taken) and visible point (point being viewed) from "Sight
Lines" sub isection below.
2. Sight lines and photogaphs 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
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(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.
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.
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.
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.
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.
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.
2. Materials of the proposed Communications Facility specified by generic type
and specific treatment (e.g., anodized aluminum, stained wood, painted
fiberglass, etc.). These shall be provided for the antenna, mounts, equipment
shelters, cables as well as cable runs, and security barrier, if any.
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.
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.
S. Appearance shown by at least two photographic superimpositions of the
Communications Faci14 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.
6. Landscape plan including existing trees and shrubs and those proposed to be
added, identified by size'of specimen at installation and species.
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.
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.
408.6.5 Noise Filing Requirements
The applicant shall provide a statement isting 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.
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.
408.7.2 Location. No Communications Facility, antenna, or tower may be located in
the Town of Yarmouth except as noted in this bylaw.
408.7.2.1 Allowed Areas.
1. The siting of Personh 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.
2. Communication antennas, buildings, or towers other than those for Personal
Wireless Service Facilities (i.e., those not defined in the Telecommunications
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.
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.
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.
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 verify if co -location at the site is not feasible or is feasible
given the design configuration most accommodating to co -location. 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.
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.
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.
2. Any alteration made to an historic structure to accommodate a
Communications facility shall be fully reversible.
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 areasl1within the district.
4. The siting of Communications Facilities which are located in the Old King's
Highway Regional Historic District require the additional approval of the
appropriate authors
408.7.5 Scenic Landscapes and Vistas
1. Personal Wireless Service Facilities shall not be located within open areas
that are discernable fro i public roads, recreational areas, or residential
development.mun 2. Any Comications 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 thel facility is located farther than 300 feet from the
scenic road, the height regulations described in 408.7.6.1 shall apply.
3. Personal Wireless Service Facilities shall not be located within the Viewshed
as designated and located in 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).
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
408.7.6.2
408.7.6.3
408.7.6.4
408.7.6.5
buildings within 300'fee{ 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.
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
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.
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.
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.
Height, Existing Structuies, (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,
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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.
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.
408.7.7 Parking Requirements. All Communications Facilities must meet the parking
and buffer requirements of Bylaw section 301 (Parking and Loading
Requirements).
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.
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 Inspector upon unanimous vote
by the Site Plan Review Team.
408.7.10 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.
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.
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.
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.
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 epth of the needed buffer based on site conditions.
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 foot
candles when measured at grade.
2.
Signs shall meet the,des: ign and display criteria of Bylaw section 303.
3.
All ground mounted Communications Facilities shall be surrounded by a
security barrier, where appropriate and necessary.
408.7.12 Equipment Shelters
Equipment shelters for Communications Facilities shall be designed consistent with
one of the following designlstandards:
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 4o 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.
408.7.13
Environmental Standards.
408.7.13.1
The location of any'Coinmunications Facility in or near wetlands is subject to
the Wetlands Protectiori Regulations of the Yarmouth Conservation
Commission.
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.
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.
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.
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 Envirormental Effects of Radio -frequency Radiation (FCC
Guidelines).
408.8
AccessoryEquipment �torage.. Mobile or immobile equipment not used indirect
support of a Communications Facility shall not be parked on site unless repairs are
being made to said facility
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408.9 Leases. No Special Permit granted under this section shall be effective f r town -
owned property used for the construction of a Communication Facility witil a lease
setting forth the particular terms, conditions, and provisions have been a cecuted by
the applicant and the Town of Yarmouth.
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.
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, at d/or
erection of communication towers. At a minimum, this inspection shall e
conducted in accordance with the tower inspection check list provided in the
Electronics Industries Association (EIA) Standard 222, "Structural Stand ds for
Steel Antenna Towers and Antenna Support Structures" and the State Bu Iding
Code. A copy of each such inspection record shall be provided to the Bu' ding
Inspector. The town may retain a technical expert in the field of RF engi eering, at
the expense of the carrier, to verify the inspection report. If, upon inspect on, the
communication tower fails to comply with such codes and standards, an
constitutes a danger to persons or property, then -upon notice being provi ed 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 cult in
an order to remove such tower at the owner's expense.
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 Inspector by
certified U.S. mail of the proposed date of abandonment or discontinuatic n
of operations. Such notice shall be given no less than 30 days prior to
abandonment or discontinuation of operations. In the event that a license
carrier fails to give such notice, the Communications Facility shall be
considered abandoned upon such discontinuation of operations.
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 includ ,
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 natur, 1
condition, except that any landscaping and grading shall remain in
the after -condition.
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 Appeal
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
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Town must remove the facility.
The Board found that the Petitioner one r satisfied these requirements and the Petitioner's proposed
Facility will be in harmony with the purposes of the Bylaw because by concealing wireless
facility antennas within a replacement church steeple, in a manner which minimally increases the
height of the Steeple, and does not increase the footprint of the existing Church, potential visual
impacts are minimized. Also, the proposed Facility will not produce any smoke, dust, waste,
glare or significant amounts of traffic. The Facility will have no negative impact on property
values in the area. The installation of the Facility will not be a threat to public health, safety and
welfare and will comply with all applicable regulations and guidelines with respect to
radiofrequency emissions. By locating (within an existing Church and concealing the antennas
and coaxial cables within the Church and underground, AT&T is maximizing the use of existing
structures to provide wireless communications services to the residents and businesses of the
Town of Yarmouth while minimizing the number of towers required to serve the community.
The Petitioner sought a dimensional iVa iance from the terms of Section 408.7.6.1 and, to the extent
necessary, a variance from the terms of Section 408.7.5 (3), pursuant to Section 102.2.2 of the
Bylaw. The Board decided to, rather than granting a Variance from these provisions, grant waivers
pursuant to Section 408.4.1 of the Bylav) as such waivers will not derogate from the intent thereof.
The Board found that the Petitioner lati Ified the requirements except as may be noted in the conditions
upon which relief is granted and refe� en i ed below.
Accordingly, on Motion made by i Mr. Ganvck and seconded by Mr. Palmer the Board voted
unanimously to grant the Special Pe,i itlprayed for by the Petition and with the following conditions:
1. The Petitioner shall comply with the design of the facility as agreed on the Site Plan
Review Comment Sheet j dated March 4, 2014, incorporated herein by reference, by
which the Petitioner modified the equipment building to have clapboard siding
painted light gray with lvhite trim to match the existing church building along with
a pitched roof with asphalt shingles. The Petitioner shall comply with Section
408.7.12(2) with a roofpitch of at least 10/12 and will plant bushes along the
eastern fagade as shown in the Plans dated March 10, 2014.
2. The Petitioner shall'alsb provide two street trees of native species, minimum 3"
caliper, along Forest Road as shown in the Plans dated March 10, 2014. The
Petitioner shall provide watering of the trees as appropriate until they are
established in the soil.
3. Regular weekly exercising of the emergency backup power generator shall be
limited to 9 AM to 5 P , Monday through Friday.
II
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 11fGL 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, MGL c40A
§9) 1
Stev n DeYoung, Cbafiman
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