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FILED WITH TOWN CLERK:
PETITION NO:
HEARING DATE:
PETITIONER:
8K 1294 4 P 0099 2241 S
TOWN OF YARMOUTH C k..
BOARD OF APPEALS
DECISION OCT 281999 P
#3566
October 28,19"
October 14,1999
Sprint Spectrum LP
PROPERTY: Old Hyannis Road/Prospet Hill
Map:1049 Parcel: 10 (83/1)1) Zoning District: R40
1999 OCT 28 Pm 1113
MEMBERS PRESENT AND VOTING: David Reid, Chairman, James Robertson, John
Richards, Joseph Sarnosky, Diane Moudouris.
It appearing that notice of said hearing has been given by sending notice thereof to the petitioner
and all those owners of property deemed by the Board to be affected thereby, and to the public by
posting notice of the hearing and published in The Register, the hearing was opened and held on
the date stated above.
The petitioner seeks a Special Permit under §408, in order to construct a telecommunication
facility atop the existing municipal water tower at this location, as more fully set forth in their
petition, and they request various waivers of the bylaw's filing and support submission
requirements.
The proposed antenna structures would include 9 antennas, arrayed about the top center of the
tower, and would be 9' tall, and encased in a color matched fiberglass enclosure (similar to that
presently in place at the German Hill water tank). They would also construct, at the base of the
tank, a 10' x 25' equipment pad, on which would be placed their equipment units, as shown in
their site plan and photographic depictions. No generators would be installed, and only gell-
batteries would be used. No hazardous materials would be stored on site. The petitioner
represents, personally and by affidavit filed with the Board, that no radio frequency interference
would result $om the facility, and no noise, audible off site, would be generated.
Concerns were expressed by abutters, both for the safety of the system, and for the means of
access, and the resulting impact upon the neighborhood. Questions were raised about the legal
access to the site for this purpose. The Board assured the neighbors that the Boards decision
would not affect their legal claims or rights, if any, which they may have as to such an easement.
The Board reviewed the requested waivers, and agreed that they applied predominantly to new
construction and not to existing structures such as this.
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04 -t 0
BK 1 is 9 44 P GOSS 2241 S
After due consideration, the Hoard is satisfied that the requirements of §408 have been met,
provided the petitioner secures the necessary approvals of the Old King's Highway Committee,
and complete the negotiations of the necessary lease from the town for the use of the site.
Accordingly, a motion was made by Mr. Robertson, seconded by Mr. Richards, to grant the
requested waivers of the submission requirements, and to grant the Special Permit for the use
proposed. The members voted unanimously in favor of this motion. The Special Permit is
therefore granted.
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 MOL c40A § 17 and must be filed within 20 days
after of this noticeldecision with the Town Clerk.
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David S. Reid, Clerk
BARNSTABLE REGISTRY QF DEEDS
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Appeal #3566
UK 12944 PGO99 2241 S
04--13--2000 L 02942
THE COMMONWEALTH OF MASSACHUSETTS
TOWN OF YARMOUTH
BOARD OF APPEALS
Date: November 17,1999
Certificate ofCraating ofa SpRial Permit
(General Laws Chapter 40A, Section 11)
The Board of Appeals of the Town of Yarmouth Massachusetts hereby certifies that a Special
Permit had been granted
To: Sprint.Snectrum 12
Address: 1 International Blvd.& -Suite 800
City or Town: Mahwah. NJ 07495
affecting the rights of the owner with respect to land or buildings at: Old Hyannis Road -Prospect
Hill, Yarmouth, MA. Assessor's Map:104 Parcel: 10 (831Dl) Zoning District: R40
And the said Board of Appear further certifies that the decision attached hereto is a true and
correct copy of its decision granting said Special Permit, and that copies of said decision, and of all
plans referred to in the decision, have been Sled with the Planning Board and the Town Clerk.
The Board of Appear 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 ofthe Town Clerk that thirty (30) 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,
David S. Reid, Clerk
CERTIFICSP.WPD 4.
BK12944 1`0097 2241S
TOWN OF YARMOUTH
TOWN CLERK
CERTIFICATION OF TOWN CLERK
1, George F. Barabe, Town Clerk, Town of yarmuth, do hereby certify that 20 days have
elapsed since the filing with me of the above Board of Appeals decision #3566 and that no notice
of appeal of said decision has been filed with M, or, if such appeal has been filed it has been
dismissed or denied.
Clerkc,ertification.wpd