HomeMy WebLinkAboutTab 4 5005 1044 Route 28 Request for WaiverX PRINCE LOBELDecember 30,2022VIA OVERNIGIIT DELIVERYTown of Yarmouth,ZoningBoard of AppealsYarmouth Town Hall1146 Route 28Yarmouth, MA 02664RE:Property AddressApplicant:Request to Waive Certain Special Permit Requirements1044 Route 28, Yarmouth,MA02664Assessor's Map 50, Parcel 189.1 (the "Property")Blue Sky Towers III, LLC,d/b/a BSTMA III, LLC ("Blue Sky" or the "Applicant")Dear Honorable Members of the ZoningBoard of Appeals:This firm represents the Applicant in connection with its application for the Special Permit byZoninggoaid of Appeal (the "Board") of the Town of Yarmouth (the'oTown") to permit thedevelolpment of the Applicant's proposed wireless telecommunications facility at the Property.The Applicant respectfully requests that the Board waive the following submittal requirementsset forih under Section 408.6 of the Town of YarmouthZoningBylaw (the "Bylaw"):1. Waiver of the requirement of Section 408.7 .6.L: "Height, General. Regardless of thetype of mount, Pirsonal Wireless Service Facilities shall be no higher than ten feet abovetG urr.rug" height of buildings within 300 feet of the proposed facility. PersonalWireless Service Facilities rnay locate on a building that is legally non-conforming withrespect to height, provided that the facilities do not project above the existing buildingheight." The proposed Tower will not exceed 200' - the Tower is proposed to be 110'(111' for top of ioof). The Applicant requests a waiver for height because there are notexisting structures of significant height to permit the FCC licensed cameras to fill theirsignificant gaps in coverage.2. Waiver of the requirement of Section 408.7.6.2.: "Height, Ground-Mounted Facilities.Ground-mounted Personal Wireless Service Facilities shall not project higher than tenfeet above the average building height or, if there are no buildings within 300 feet, thesefacilities shall not project higher than ten feet above the tree canopy height, measuredfrom ground levelieCL). In no case may height exceed 200 feet above ground level."The pioposed Tower will not exceed 200' -the Tower is proposed to be 110' (115' fortop of roo0. The Applicant requests a waiver for height because there are not existing
X PRINCE LOBELstructures of significant height to permit the FCC licensed cameras to filItheir significantgaps in covorage.3. Waiver of the requirement of Section 408.6.3.1.H.: "Distances, at grade, from theproposed Communications Facility to each building on the vicinity plan." The ApplicantLas included many of the distances to other buildings, however, the Applicant is notpermitted to enter adjacent properties.4. Waiver of the requirement of Section 408.6.3.1 .I.: o'Contours at each two feet abovemean sea level for the subject property and adjacent properties within 300 feet."5. Waiver of the requirement of Section 408.6.3.1.L.: "Lines representing the sight lineviewpoint (point from which view is taken) and visible point (point being viewed) from"Sight Lines" sub-section below." The Applicant will submit photo simulations after thecrane test and balloon test are conducted and the Applicant will supplement theapplication to the board.6. Waiver of the requirement of Section 408.6.3.2.A.: "Sign line representation. A sightline representation shall be drawn from any public road within 300 feet and the closestfagade of each residential building (viewpoint) within 300 feet to the highest point(visible point) of the Communications Facility. Each sight line shall be depicted inprofile, dru*tr at one inch equals 40 feet. The profiles shall show all intervening treesand buildings. In the event there is only one (or more) residential building within 300feet there shall be at least two sight lines from the closest habitable structures or publicroads, if any." The Applicant will submit photo simulations after the crane test andballoon test are conducted and the Applicant will supplement the application to the board.7. Partial waiver of strict compliance with the requirement of Section 408.6'3.2.D.: ooVisualImpact. Photographic simulations from a distance of one hundred, one thousand, and fivethousand feet and from four different locations of approximately ninety degrees apart ofthe proposed Communication Facility." The Applicant will submit photo simulationsaftei the crane test and balloon test are conducted and the Applicant will supplement theapplication to the board.8. Waiver of strict compliance with the requirement of Section 408.6.3.3.D.: "Existing treesand shrubs at currentheight and proposed trees and shrubs at proposed height at the timeof installation, with approximate elevations dimensioned." The Applicant requests furtherdiscussion from the Board on the specific requirements of this provision of the Bylaw.g. Waiver of the requirement of Section 408.6.3.3.E.: ooGrade changes, or cuts and fills, tobe shown as original grade and new grade line, with two-foot contours above mean sealevel."
X PRINCE LOBELThe Applicant respectfully requests the aforementioned waivers because those submittalrequirements are not applicabie to the Applicant's proposed project at the Property and thewaiver of the same by tire Board will not derogate from the intent of the Bylaw.Thank you for your attention to this matter.Sincerely,?*"f*-nicfdb M. Sousa, Esq.Prince Lobel Tye LLPOne International Place, Suite 3700Boston, MA 02110Direct: 617-456-8123Email : {sousa@princelobel. com