The URL can be used to link to this page

Home My WebLink AboutDecision 4782 01.17.19Bk 31833 Pg36 #6581 02-12-2019 @ 01:32p �� •Yrj� 'yr TOWN OF YARMOUTH BOARD OF APPEALS DECISION FILED WITH TOWN CLERK: January 17, 2019 PETITION NO: ##4782 HEARING DATE: December 13, 2018 PETITIONER: Cellco Partnership dlb/a Verizon Wireless PROPERTY: Existing Utility Pole 41S located in public right of way adjacent to Route 28, Yarmouth (SC11) Nearest Parcel is 511 Route 28, Map: 31 Lot: 139 (Address and parcel is for reference only) Zoning District: B3/HMOD1 Book/Page: n/a MEMBERS PRESENT AND VOTING: Steven DeYoung, Chairman, Sean Igoe, Thomas Nickinello, Susan Brita and Tom Baron. 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 Register, the hearing opened and held on the date stated above. The Petition was presented by Peter D. Anderson, Esq. of McLane Middleton P.A., Ralph Colorusso of Nexius and Dan Brown of CSquared Systems on behalf of Cellco Partnership d/b/a Verizon Wireless ("VZW") concerning VZW'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 utility pole that is replacing an existing utility pole 4IS, which is located in the public right of way adiacent to Route 28, Yarmouth, in an B3/HMOD1 Zoning District. The proposed installation will consist of a 38.7-inch tall canister antenna, which will be mounted to the top of a new utility pole that is replacing an existing utility pole. The antenna resembles a traditional electric transformer similar to those already located on utility poles throughout the area. Additional supporting equipment (including a remote radio head, electrical junction box and meter, and fiberoptic and power connections) will be mounted to the exterior of the pole, resulting in a self-contained antenna facility without the need for further infrastructure. Bk 31833 Pg37 #6581 The Board unanimously concurred that the Petition meets the criteria under Section 408 of the Town of Yarmouth Zoning Bylaw ("Bylaw") for a Special Permit. The Board further unanimously concurred that VZW has satisfied the requirements of Section 408.4.1 of the Bylaw with respect to its requests for waivers from Sections 408.6.2.5 and 408.6,2.E (regarding Town - wide maps showing existing and proposed future Personal Wireless Service Facilities in the Town), Sections 408.6.3.3 (regarding siting elevations), Section 409.6.4 (regarding Design Filing Requirements). Sean Igoe made a Motion to approve the Petition with conditions, seconded by Tom Baron. On this Motion, the Board voted unanimously in favor (approved 5-0). Subject to the following conditions. 1. No new lighting will be added by Applicant, per approved small cell site. 2. Applicant will provide "As Built" plans, per site, submitted within 1 year of construction, per site, to the Zoning Board of Appeals & Board of Health. 3. Each approved site must meet any & all FAA or other government requirements. 4. Applicant must submit emissions report of compliance with maximum permissible radiation, per site, to be filed with the Zoning Board of Appeals and the Board of Health. 5. §408.12.3 Waiver for Abandonment or Discontinuation of Use — approved. 6. Site Plan waiver Granted. No permit shall issue until 20 days from the fling 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 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, MGL c40A §9) �e Steven DeYoung, Chat an 2 Bk 31833 Pg38 #5581 COMMONWEALTH OF MASSACHUSETTS TOWN OF YARMOUTH BOARD OF APPEALS f ACMt Appeal #4782 Date: February 7, 2019 Certifieste of Granting of a Special Pernih (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: PETITIONER: Cellco Partnership d/b/a Verizon Wireless c/o McLane Middleton, P.A., 900 Elm St., Manchester, N.H. 03101 OWNER: (1) Eversource Energy, One NSTAR Way, NWBED 180, Westwood, MA 02090 (2) Verizon Communications, Inc., 185 High St., Boston, MA 02111 Affecting the rights of the owner with respect to land or buildings at: Existing utility pole #1S located in public right of way adjacent to Route 28, Yarmouth, Nearest Parcel is 511 Route 28, Yarmouth Map: 31, Lot: 139 (Address and parcel is reference only) Zoning District: B3/HMODI; 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 1 1 (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. Steven DeY!4ghrairman Bk 31833 Pg39 #6581 *41 TOWN OF YARMOUTH� Town Clerk 1146 ROUTH 28, SOUTH YARMOUTH, MASSACHSETTS 02664-4451 KME h 'fi t TELEPHONE (508) 398-2231 EXT.1285, FAX (508) 398-0836 CERTIFICATION OF TOWN CLERK I, Philip B. Gaudet, III. 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 44782 that no notice of appeal of said decision has been filed with me, or, if such appeal has been filed it has been di�lnis,�ed car denied. All appeals have been exhausted. x ,•,k �r +1 1. l 4 aOHN F. ME.ADE, REGISTER BARNSTABLE COUNTY REGISTRY OF DEEDS RECEIVED & RECORDED ELECTRONICALLY