HomeMy WebLinkAboutTab 3 5005 1044 Route 28 Supporting StatementX PRINCE LOBELDecember 30,2022TVIA HAND DELIVERYITown of Yarmouth,ZoningBoard of AppealYarmouth Town Hall1146 Route 28Yarmouth, MA 02664RE:Property Address:Application for Special Permit1044 Route 28, Yarmouth, MA 02664Assessor's Map 50, Lot 189.1 (the "Property")Blue Sky Towers III, LLC,d/b/a BSTMA III, LLC ("Blue Sky" or the "Applicant")Applicant:Dear Honorable Members of the ZoningBoard of Appeal:This firm represents the Applicant in connection with an application for a special permit(the "special Permil") from the ZoningBoard of Appeal (the "Board") for the Town ofYarmouth (the "Town") in connection with the Applicant's proposed wirelesstelecommunications facility tower at the Property pursuant to the relevant portions of the Town'sZoningBylaw (the "Bylaw"). Blue Sky proposes to construct a one hundred and ten foot(110.0b') high stealth stye Communication Towerl (the "Tower"). The Applicant has enteredinto lease agreements with AT&T and T-Mobile whereupon completion of the construction ofthe Tower, AfAf and T-Mobile will install their respective antennas on the Tower as well asinstall appurtenant equipment at the base of the Tower for the operation of a Personal WirelessService Facility2 (the "Facitity"). The Facility will be surrounded by a six foot (6.00') highstockade fence, and will also be surrounded by a natural barrier of screening trees. The Facilityr Under the Town of yarmouth ZoningBylaw, Section V, a'oCommunication Tower" is defined as "[a]ny building,structure, pole, mast, tripod, monopole, or tower, free-standing or supported, or in association with a building orother permanent structure or equipment, utilized for the generating, transmitting, receiving, or detecting ofelectromagnetic radiation."2 Under the Town of yarmouth ZoningBylaw, Section V, a "Personal Wireless Service Facility" is defined as "[a]communications facility for the provision of personal wireless services, as defined by the Telecommunications Actof 1996." Under the Telecommunications Act of 1996, Section 70a@)Q)G)(ii), "the term 'personal wirelessservice facilities' means facilities for the provision of personal wireless services." Moreover, under theTelecommunications of l996,Section 70a(aX7)(C)(i), "the term 'personal wireless seryices' means commercialmobile services, unlicensed wireless services, and common carrier wireless exchange access seryices'"
X PRINCE LOBCLis described in greater detail on the plans submitted with this application, and incorporated hereinby reference (the'oPlans").The Property is owned by the Roman Catholic Bishop of Fall River and located in theBusiness 82 (*82"),Hotel/Motel Overlay District 2 ("HMODZ"), andthe Village CentersOverlay District 3 ("VC3"). Pursuant to Section 408.5 of the Town of Yarmouth ZoningBylaw(the "Bytaw"), all new Towers and Facilities in the Town require a Special Permit. AT&T andi-trrtoUit" cannot provide reliable wireless service to the Town based on their existing Facilitieswithin the Town, pursuant to the mandate of the Telecommunications Act of 1996 and theirlicenses issued bythe Federal Communications Commission (the "FCC")' Therefore, theApplicant respectfully requests that this Board grant approval for the requested Special Permit asapplication described herein.By way of further background, the Applicant was granted Development of RegionalImpact approval by the Cape Cod Commission on January 13,2022, and the written decisionregarding the same is attached hereto as Exhibit 10. The Applicant subsequently filed anapplication for formal design review by the Town's Design Review Committee on June 14,iOZZ,resulting in the Design Review Comment Sheet attached hereto as Exhibit i 1 and filed anapplication foi site plan review with the Town's Site Plan Review Committee and received theSlte plan Review Comment Sheet dated July 19, 2022,which is attached hereto as Exhibit 12'I. BackgroundBlue Sky is in the business of constructing and opening communication towers in variousmarkets throughout the country, including the Commonwealth of Massachusetts. Thecommunication towers are utilized by wireless carriers that are licensed by the FCC. AT&T andT-Mobile are licensed by the FCC to construct and operate wireless telecommunicationsnetworks in various markets throughout the country, including the Commonwealth ofMassachusetts and in particular the Town of Yarmouth. AT&T and T-Mobile are in the processof opening their telecommunications networks to provide seamless and reliable coveragethroughout the Commonwealth of Massachusetts.II. Radio Frequencv CoverageAT&T and T-Mobile have performed a study of radio frequency coverage for the Townand from the Property, AT&T and T-Mobile have determined that atelecommunications facilitylocated at the Property will provide necessary, adequate and reliable coverage to the targetedsections of the Town and the immediately surrounding area in AT&T and T-Mobile's proposedantennas are located at the requested height of ninety five feet (95.00') and one hundred and fivefeet (105.00'), respectively. In connection herewith, AT&T and T-Mobile have submitted radiofrequency propagution maps showing each camera's current coverage and showing theanticipated coverage from the proposed Facility.
X PRINCC LOBELilI.The Towerand FacilitvAs illustrated on the Plans, the Tower will be one hundred and ten feet (110.00') in height(the roof will extend to 115') and will be located within the 55' x 60' fenced compound withinthe 100' x 100' lease area. fenced compound lease area. The Tower has been designed as a clocktower for aesthetic purposes and this design will entirely conceal the various equipment andantennas. Within the fenced compound lease area, the Facility is surrounded by a tree line ofscreening trees which will be supplemental by additional landscaping trees as detailed in theplans. .AT&T'r panel antennas are proposed to be installed at a height of ninety five feet (95.00'centerline), and i-Mobile's panel antennas are proposed to be installed at a height of onehundred and five feet (105.00' centerline), with both AT&T and T-Mobile's appurtenanttelecommunications equipment to be located within the fenced compound. The antennas will beconnected via coaxial cables installed with AT&T and T-Mobile's respective appurtenantequipment at the base of the Tower. The Tower provides for collocation opportunities for two(2j other FCC licensed carriers at centerline heights of seventy four feet (69.00') and eighty fouri""t 1SS.OO'). Under current FCC regulations, the antennas are required to be separated by aminimum oitht"" feet (3.00'), and the antenna installations are required to maintain 10' ofvertical separation between installations'IV. Lesal ArgumentThe Applicant is entitled to the grant of the Special Permit because the Applicant'sproposed Facility complies with the criteria of Section 103.2.2 of the Bylaw:a) Section 103.2. Special Permits.1. 103.2.2. Criteria. Special permits shall not be granted unless the applicantdemonstrates that no undue nuisance, hazard or congestion will be createdand that there will be no substantial harm to the established or futurecharacter of the neighborhood or town. In addition, individual sections of theZoningBylaw contain supplemental special permit criteria for specific usesand types of develoPment.The Proposed Tower will provide critical wireless telecommunication coverage tothe Town while in no way creating an undue nuisance, hazard or congestion. TheApplicant has proposed a stealth design in the form of a clock tower to concealthe equipment and antennas and as a result, there will be no substantial harm tothe charicter of the neighborhood or Town. As further detailed herein, theApplicant and the Proposal meet the various requirements of the Bylaw and willpr&ia. benefits to the residents and businesses in Town in the form of improvedand reliable wireless coverage, including improved E. 911 capabilities.The Applicant is entitled to the grant of the Special Permit because the Applicant'sproposed Facility complies the intent of Section 408.4.1. of the Bylaw:
X PRINCE LOBELa) Section 408.4.1.1. The Board of Appeals may alter or waive one or more of the requirements ofsection 408 if it finds that the alteration or waiver of the requirement(s) witlnot derogate from the intent of the bylaw.The waivers requested by the Applicant as more fully detailed in the waiverrequest attached hereto which are administrative in nature and if granted will notderogate from the intent of the Bylaw but instead will ensure the same can beadhered to without undue expense to the Applicant and the Town.The Applicant is entitled to the grant of the Special Permit because the Applicant'sproposed Facility complies with the application filing requirements pursuant to Section408.6.2.5. of the Bylaw:a) Section 408.6.2. Location Filing Requirements.1. 408.6.2.5. If the application is for a Personal Wireless Service Facility a town-widemap showing other existing Personal Wireless Service Facility in the Town andoutside the Town within one mile of its corporate limits.The Applicant shall be in compliance with this provision of the Bylaw as evidenced by Exhibit 6attached hereto.The Applicant is entitled to the grant of the Special Permit because the Applicant'sproposed Facility complies the Design Requirements of Section 408.7 of the Bylaw:a) Section 408.7. Design.1. 408.7.1. General. All Communications Facilities shall be designedand sited so as to have the least adverse visual effect on theenvironment. OnIy self-supporting monopole type towers arepermissible. Lattice towers, or the use of ground anchors and/or guywireso are prohibited.All towers and antennas must meet or exceed current standards andregulations of the FAA, the FCC, and any other agency of thefederal, state, and county government with the authority to regulatetowers and antennas. If such standards and regulations are changed,then the owners of the towers and/or antennas governed by thisordinance shall bring such towers and/or antennas into compliancewith such revised standard and regulations within six (6) months ofthe effective date of such standards and regulations unless a morestringent compliance schedule is mandated by the controlling federal
X PRINCE LOBELagency. Failure to bring towers and/or antennas into compliancewith such revised standards and regulations shall constitute groundsfor the removal of the tower or antenna at the owneros expense.The Applicant's proposed Facility shall be in compliance with this provision of theBylaw. Rs descriUed in more detail in the Plans and the resulting photo simulations, theApplicant is proposing a stealth tower in the form of a clock tower. This design was developedthroughout the Townt design review and site plan review process. The design originally startedu, u ^otropole style tower and through design review, developed to a stealth style clock tower tominimize visual impacts. Furthermore, both the Applicant and the wireless carriers installed andoperating on the Tower willfully comply with all applicable FCC and FAA regulations.2. 408.7.2. Location. No Communications Facility, antennao or towermay be located in the Town of Yarmouth except as noted in thisbylaw.The Applicant's proposed Facility shall be in compliance with this provision of theBylaw.3. 408.7.2.1. Allowed Areas.a)1. The siting of Personal wireless service Facilities shall beallowed in any zoning districto but is especially encouraged onexisting structures, where appropriate, and on sites shown on amap entitled 6(Town of Yarmouth Inventory of ExistingAntennas Sites and Possible Antenna Sitesrno as currentlyamended. This may be amended by Town Meeting action.As indicated and described in more detail in the Altemative Site Analysis and theSupplemental Alternative Site Analysis packages attached with this application, AT&T and T-ffrfoUite were unable to find an existing structure that would close the significant gap in wirelesscoverage. As a result, it was necessary to find, a"raw land" to site and construct a tower in orderto closJ the gap in coverage identified by both AT&T and T-Mobile. Upon careful analysis ofthe land in the Town, and keeping in mind the provisions of the Bylaw, the Property was the onlyidentified commercially or institutionally used lot in the areathat contained suffrcient land atea,satisfied lot coverage requirement, offered a vegetative screening and otherwise satisfied thecriteria listed in the Alternative Site Analysis package. Therefore, the Property is the onlyfeasible location for the proposed Facility because it is capable of supporting the necessaryfacilities to close AT&T and T-Mobile's significant gap in coverage.b) 2. communication antennas, buildings, or towers other thanthose for Personal wireless service Facilities (i.e., those notdefined in the Telecommunications Act of 1996) shall beallowedo by Special Permito only on sites shown on a map
X PRINCE LOBELentitled *Town of Yarmouth Inventory of Existing AntennaSites and Possible Antenna Sitesr" as currently amended'As indicated on the Alternative Site Analysis and the Supplemental Alternative siteAnalysis packages submitted and attached to this application, the Applicant analyzed potentialsites within the o'Town of Yarmouth Inventory of Existing Antenna Sites and Possible AntennaSites', for siting of its proposed Facility. The Property was determined to be the most suitableand only feasible locaiion for the proposed Facility that would successfully close the gap inwireless telecommunications services coverage.4. 408.7.3. Co-location. If feasible and appropriate, Personal WirelessService Facilities shall be located on existing structures, including butnot limited to buildings, water towerso existing communicationsFacilitieso utility poles and towerso and related facilitieso providedthat such installation preserves the character and integrity of thosestructures. In particular, applicants are urged to consider use ofexisting telephone and electric utility structures as sites for one ormore Personal Wireless Service Facilities. The applicant shall havethe burden of providing there are no existing structures upon whichit is feasible to locate.As indicated above and as described in the Alternative Site Analysis and theSupplemental Altemative Site Analysis packages submitted herewith, the Applicant studied,"rr"rut properties throughout the Town to determine the best siting location for its proposedFacility. Based on the "iit.tiu presented and described in the Alternative Site Analysis, it wasdetermined that the property was the most suitable and only feasible location and that siting theproposed Facility at the property would successfully close AT&T's and T-Mobile significant gapin "ou"rug". As such, the Applicant has satisfied its burden for providing evidence that there areno existing structures withinthe Town upon which are feasible for the Applicant to co-locate itsproposed Facility.5. 408.7.3.1. Licensed carriers shall share Personal Wireless ServiceFacilities and sites where feasible and appropriateo thereby reducingthe number of Personal Wireless Service Facilities that are stand-alone facilities. All applicants shall demonstrate a reasonable goodfaith effort to co-locate with other carriers. Such reasonable goodfaith effort includes: 1. A survey of existing structures that may befeasible sites for co-locating Personal Wireless Service facilities; 2.Contact with atl the other licensed carriers for commercial mobileradio services operating in the County, and; 3. Sharing informationnecessary to determine if co-location is feasible under the designconfiguration most accommodating to co-location.As previously stated, the Applicant has demonstrated a reasonable good faith effort to co-locate its pioposed Facility based on its Alternative Site Analysis and Supplement Alternative
X PRINCE LOBELSite Analysis submitted herewith. The Applicant's proposed Facility has potential to co-locateantenna installations for two (2) additional wireless telecommunications carriers, as shown onthe plans. As such, the Applicant's proposed Facility demonstrates that it has the feasibility toreduce the number of single-standing Personal Wireless Service Facilities to be developed in therown bv a'owin' ;.'"r";: i:::ffi;"::X-'* """u to be not reasib,e, awritten statement of the reasons for the infeasibility shall besubmitted to the Board of Appeals. The Board of Appeals mayretain 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 designconfiguration most accommodating to co-location. The cost for sucha teclinical expert witl be at the expense of the applicant. The Boardof Appeals may deny a special Permit to an applicant that has notdemonstrated a reasonable good faith effort to provide for co-location.The Applicant has complied with this provision of the Bylaw through its submission ofits Altemative Site Analysis and Supplemental Alternative Site Analysis, and has demonstratedthat it made a good faith effort to study, analyze, and find existing Personal WirelessTelecommuniCations Facilities within the Town to co-locate on. The Applicant further herebyagrees to comply with the Board of Appeals through submission of its special permit applicationifadditional information is needed, including, the supply of such information to a technicalexpert hired by the Town. The Applicant Further states the proposal was reviewed by a technicalexpert (Isotrope) during the DRI application process before the Cape Cod Commission.7. 408.7.3.3. If the applicant does not intend to co-locate or to permitco-location, the Board of Appeals shall request drawings and studies,at the applicant's expense, which shown the ultimate appearance andoperation of the Personal Wireless Service Facility at full build-out.This provision of the Bylaw is not applicable to the Applicant's proposed Facility. TheApplicant is already planning for the co-location of AT&T's and T-Mobile's equipment at thefacitity, and the proposed Facility has the capacity to co-locate equipment for an additional two(2) wireless telecommunications carriers.8. 408.7.4. Historic Buildings and Districts.a) 1. Any Personal Wireless Service Facilities located on orwithin an historic structure shall not alter the character-defining features, distinctive construction methods, or originalhistoric materials of the building.
X PRINCE LOBELThis provision of the Bylaw is not applicable to the Applicant's proposed Facility. To theextent that the Board finds this provision applicable to the Applicant's proposed Facility, theApplicant hereby agrees that it shall comply with this provision of the Bylaw.b) 2. Any alteration made to an historic structure toaccommodate a Communications Facility shall be fullyreversible.This provision of the Bylaw is not applicable to the Applicant's proposed Facility.c) 3. Personal Wireless Service Facilities within the Old King'sHighway Regional Historic District shall be concealed withinor behind existing architectural featureso or shall be located sothat they are not discernable from public roads and viewingareas within the district.This provision of the Bylaw is not applicable to the Applicant's proposed Facility.d) 4. The siting of Communications Facilities which are locatedin the Old King's Highway Regional Historic District requirethe additional approval of the appropriate authority.This provision of the Bylaw is not applicable to the Applicant's proposed Facility.9. 408.7.5. Scenic Landscapes and Vistas.a) L. Personal Wireless service Facilities shall not be locatedwithin open areas that are discernable from public roads,recreational areas, or residential development.The Applicant's proposed Facility is not located within an open area, but will rather belocated in the unused forested lot located behind the church on the Property' Moreover, theApplicant's proposed Facility will be primarily covered by the Property's natural tree line andatso Uy u.rr-r*ing buffer comprised of proposed trees to be planted and maintained by theApplicant. A majority of the Tower compound will be covered behind the guise of theProperty's natural tree line. The proposed antennas and cable will be entirely concealed withinthe proposed clock tower.b) 2. Any Communications Facility that is located within 300 feetof a scenic road, as designated by the town, shall not exceed theheight of vegetation at the proposed location. If the facility islocated farther than 300 feet from the scenic road, the heightregulations described in 408.7.6.1 shall apply.
X PRINCE LOBELThe Applicant's proposed Facility is located along Route 28, which is not deemed ascenic road. furtherrnore, und ar indicated on the Plans, the proposed Facility is located gteaterthan three hundred feet (300.00') from Old Main Street (a designated scenic road). As such, thisprovision of the Bylaw is not applicable to the Applicant's proposed Facility'c) 3. Personal Wireless service Facilities shall not be locatedwithin the viewshed as designated and located in the vcoD.This provision of the Bylaw is not applicable to the Applicant's proposed Facility'10. 408.7.6. Dimensional Requirements. All Communications Facilitiesshall comply with the dimensional and setback requirements ofBylaw section 203 (Intensity of Use Regulations).As indicated on the ZoningSummary on Sheet A-2 of the Plans, the Applicant'sproposed Facility complies with all dimensional and setback requirements of Section 203 of theBylaw.11.408.7.6.3. Ileighto Side- and Roof-Mounted Facilities. Side- androof-mounted Personal Wireless Facilities shall not project morethan ten feet (10') above the height of an existing building nor projectmore than ten feet above the height limit of the zoning district withinwhich the facility is located. Personal Wireless Service Facilities maylocate on a building that is legalty non-conforming with respect toheight, provided that the facilities do not project above the existingbuilding height.This provision of the Bylaw is not applicable to the Applicant's proposed Facility.12. 408.7.6.4. Height, Existing Structures. New antennas located on anyof the following structures existing on the effective date of this bylawshall be exempt from the height restrictions of this bylaw providedthat there is no increase in height of the existing structure as a resultof the installation of a Communications Facility: guyed towers, Iatticetowers, and monoPoles.This provision of the Bylaw is not applicable to the Applicant's proposed Facility.13. 408.7.6.5. Height, Existing structures, (utility). New antennaslocated on any of the following existing structures shall be exemptfrom the height restrictions of this bylaw provided that there is nomore than twenty foot (20') increase in the height of the existingstructure as a result of the installation of a Communication Facility:electric transmission and distribution towers, water towerso
X PRINCE LOBELtelephone poles and similar existing utility structures. Thisexemption shall not apply in the old King's Highway RegionalHistoric District, within 300 feet of the right-of-way of any scenicroadway.This provision of the Bylaw is not applicable to the Applicant's proposed Facility'14. 408.7.6.6. Microwave antennas exceeding 12 inches in diameter on aroof or building-mounted facility shall not exceed the height of thestructure to which they are attached, unless fully enclosed.This provision of the Bylaw is not applicable to the Applicant's proposed Facility.lS. 408.7.7. Parking Requirements. All Communications Facilities mustmeet the parking and buffer requirements of Bylaw section 301"(Parking and Loading Requirements).As shown on the Plans, the Applicant's proposed Facility complies with this provision ofthe Bylaw. The existing parking lot located at the Property will serve as a means of access and"gr"r, to the driveway serving the Facility. The existing parking lot already includes a twentydot 1ZO.OO') wide buifer from the boundary of the Property abutting Route 28. Furthermore,there is a ten foot (10.00'), more or less, natural screening buffer between the existing parkingand the outer boundary oithe Facility. The Applicant proposes to plant trees within this ten foot(10.00') buffer zonetiatcomply with the requirements of Section 30L4.9 of the Bylaw. Thedriveway leading to the Faciliiy contains a vegetated buffer exceeding the required minimum often feet iro.oo'), and the vegetated buffer will be planted with trees that meet the requirements ofthe zoning Bylaw. Lastly, the single driveway serving the Facility is adequate to meet the needsof the ro.rtin" maintenante visits ut thr Facility, which will consist of approximately one vehiclemaking bi-weekly visits to the Facility. As such, the proposed Facility complies with thisprovision of the Bylaw.16. 408.7.8. Fall Zones. Communications towers, whether free-standingor part of another structure or building, must be set back from allproperty lines by at least the total height of the tower structure andits appurtenances.As shown on the Plans, the proposed Tower will be located a distance of one hundred andtwenty four feet (124.00') from the Property's boundary 1ine. As such, the Applicant's proposedFacility satisfies this requirement of the Bylaw.l7 . 408.7 .9 Aesthetics.408.7.9.1. Landscaping. Existing mature tree growth andnatural land forms on sites shall be preserved to the maximumextent possible. Screening for sites buffers and parking lotsa)
X PRINCE LOBELmust meet the criteria outlined in section 301 Parking andLoading. In additional, the base of communication towersshall be screened from view by a minimum four (4) foot wideplanting strip maintained with densety planted shrubs not lesslnan sii (6) feet in height. Shrubs shall be at least seventy-fivepercent (75%) evergreens. Fences or walls may be a part ofsuch screening where deemed necessary, as approved by theSite Plan Review Team. In locations where the visual impactof communications towers would not be an issueo theserequirements may be reduced or waived by the Buildingcommissioner upon unanimous vote by the Site Plan ReviewTeam.As shown on the Plans, the Applicant's proposed Facility will be primarily surrounded bythe property's existing natural tree tine. purtnermore, a natural screening buffer of planted treeswill belnstalled and maintained between the Facility's boundary line and the existing parking lotlocated on the property. As examined above, the natural screening buffer complies with theparking and Loading iequirements of the Bylaw. Moreover, the Applicant has proposed alandsciping plan described in detail on the Pians indicating the installation, maintenance andcare of the trees to be planted at the Facility. Additionally, the Facility will be enclosed by a sixfoot (6.00') stockade fence. Finally, the Siie Plan Review Team has reviewed and approved theplans. In ail, the Applicant's proposed Facility complies with this provision of the Bylaw'18.408.7.10. Color and Camouflage.408.7.10.1. Color. Communications towers and antennas shallmaintain a light gray or light blue finish, unless otherwiserequired by the Board of Appeals. Communication towersand/or antennas installed on an existing building or structureshall be camouflaged to match the building or structure towhich they are attached or the background against which theyare most commonly seen.The Applicant's proposed Facility shall comply with this provision of the Bylaw.b) 408.7.10.2. Camouflage by Existing Buildings or Structures:1. When a communications Facility extends above the roofheight of a building on which it is mounted, a reasonablegood faith effort shall be made to conceal the facilify withinor behind existing architectural features to limit itsvisibility from public ways. Facilities mounted on a roofshall be stepped back from the front fagade in order tolimit their impact on the buildingos silhouette.a)
X PRINCE LOBCLThis provision of the Bylaw is not applicable to the Applicant's proposed Facility2. Communications Facilities which are side mounted shallblend with the existing buildingos architecture and shall bepainted or shielded with material which is consistent withthe design features and materials of the building.This provision of the Bylaw is not applicable to the Applicant's proposed Facility.c)408.7.10.3. Camouflage by Vegetation: If CommunicationsFacilities are not camouflaged from public viewing areas byexisting buildings or structures, they shall be surrounded bybuffers of dense tree growth and understory vegetation in alldirections to create an effective year-round visual buffer.Ground-mounted Personal wireless Service Facilities shallprovide a vegetated buffer of sufficient height and depth toeffectively screen the facility. Trees and vegetation may beexisting on the subject property or installed as part of theproposed facilify or a combination of both. The Board ofAppeals shall determine the types of trees and plant materialsand depth of needed buffer based on site conditions'As stated above and as shown on the landscaping plans described in the Plans, theApplicant's proposed Facility complies with this provision of the Bylaw. The Applicant herebyugr""r to nrrttrei comply with the Board of Appeals' recommsndations regarding the type anddepth of trees needed to maintain and on-site buffer.19. 408.7.11. Lighting and Signage.a)L. Communications Facilities shall be lighted only if requestedby the Federal Aviation Administration (FAA). Lighting ofequipment structure and any other facilities on site shall beshielded from abutting properties. There shall be a total cutoffof all tight at the property lines of the parcel to be developed,and footcandle measurements at the property line shall be 0.0initial foot candles when measured at grade.The Applicant hereby agrees to comply with this provision of the Bylaw. The proposedtower will not include a lightb) 2. Signs shall meet the design and display criteria of BylawSection 303.This provision of the Bylaw is not applicable to the Applicant's proposed Facility' Theonly sign that will be displayed at the Facility is a "No Parking" sign located at the start of the
X FRINCE LOBELdriveway leading to the Facility and small signs within the compound, as may be required by theFCC and not for advertising purposes.c) 3. All ground mounted communications Facilities shall besurrounded by a security barrier where appropriate andnecessary.The Applicant's proposed Facility complies with this provision of the Bylaw. As statedabove and as rlio*tr otr th. Flanr, the proposed Facility will be surrounded by a six foot (6.00')stockade fence which will be secured at all times. Only authorized personnel will have accessand egress through the fences.20.408.7.12. Equipment shelters. Equipment shelters forCommunications Facilities shall be designed consistence with one ofthe following design standards: 1.. Equipment shelters shall belocated in underground vaultsl or 2. Equipment shelters shall bedesigned consistence with traditional Cape Code architectural stylesand materials, with a roof pitch of at least l0ll2 and wood clapboardor shingle siding; or 3. Equipment shelters shall be camouflagedbehind an effective year-round landscape buffer, equal to the heightof the proposed shelter, and/or fence. The Board of Appeals (and/orthe Old King's Highway Regional Historic District Committee) shalldetermine the style of any fencing and landscape buffer that iscompatible with the neighborhood.The Applicant's proposed Facility complies with this provision of the Bylaw. As shownon the plans and specification material packages submitted herewith, the Facility's appurtenantequipment cabineis will be sheltered behind the two (2) six foot (6.00') stockade fencessunounding the property. Furthermore, the Property's natural tree line and a screening buffer ofnatural trees will also serve to shelter the Facility's equipment cabinets.21. 408.7 .13. Environmental Standards.a) 408.7.13.1. The location of any Communications Facility in ornear wetlands is subject to the Wetlands ProtectionRegulations of the Yarmouth Conservation Commission'This provision of the Bylaw is not applicable to the Applicant's proposed Facility.b) 408.7.13.2. The handling, storage, or disposal of hazardousmaterials is subject to Yarmouth Board of Health regulationsand, when applicable, Section 406 of this Bylaw.The Applicant hereby agrees to comply with this provision of the Bylaw.
X PRINCE LOBELc)40s.7.13.3. Ground-mounted equipment for Personal wirelessservice Facilities shall not, during normal operation, generatenoise in excess of 50 db (non-continuous) at the property line.agrees to comply with this provision of the Bylaw. The ApplicantThe Applicant herebyhereby submits the case study prepared bydatedd)408.7 .13.4. Roof-mountedor side-mounted equiPment forPersonal wireless Service Facilities shall not, during normaloperation, generate noise in excess of 50 db (non-continuous) atground level at the base of the building closest to the antenna.This provision of the Bylaw is not applicable to the Applicant's proposed Facility.22. 408.7 .14. SafetY Standards.408.7 .14.1. Radio-frequency Radiation (RFR) Standards' Allequipment proposed for a communications Facility shall beauthorized per the FCC Guidelines for Evaluating theEnvironmental Effects of Radio-frequency Radiation (FCCGuidelines).a)As indicated in the RF Coverage study submitted herewith this application, theApplicant's proposed Facility and its appurtenant equipment complies with this provision of theeylaw. An nfn report prepared by Don Haes is submitted herewith and shows fulI compliancewith all applicable RFR set by the FCC.V. ConclusionThe Applicant hereby respectfully states that the Applicant's proposed Facility satisfiesthe requiremenis for the appiovai of the requested Special Permit. The Property is an appropriatelocation for the installation and operation of the proposed Facility and the proposal set forthherein represents the least intrusive and only feasible means through which the AT&T and T-Mobile can close the significant gap in reliable service coverage in the vicinity of the property.As demonstrated herein, the Proposed Facility meets the criteria of Section 103 .2.2. of the Bylawand, as such, the requested special permit should be granted and, further, the grant of any waiverrequested will not derogate from the intent of the Bylaw'For the foregoing reasons, the Applicant respectfully requests that the Board grantapproval for the requested Special Permit.SincerelY,Esq
X PRINCE LOBELDirect: 617-456-8123Email : rsousa@princelobel.com