HomeMy WebLinkAbout20 Old Hyannis Rd Project Background and DescriptionTOWN OF YARMOUTH
ZONING BOARD OF APPEALS
STATEMENT IN SUPPORT OF
AQUIFER PROTECTION OVERLAY DISTRICT SPECIAL PERMIT
Applicant: Cellco Partnership d.'bla Verizon Wireless
Owner: Town of Yarmouth
Property: 20 Old Hyannis Road, Yarmouth, MA 02575
Map/Lot: 104-10
Zoning: R-40, Aquifer Protection District
Proposed Use: Emergency Power Generator for Wireless Communications Facility
BACKGROUND
The Applicant, Cellco Partnership d-b:'a Verizon Wireless ("Verizon Wireless"), seeks to install
an emergency power generator to provide backup power for a permitted wireless
communications facility to be installed on the Town -owned water tank at 20 Old Hyannis Road
(the "Property"). Because the emergency power generator will contain "toxic or hazardous
materials," as that term is defined in Section 406.6.1 of the Town of Yarmouth Zoning Bylaw
("Zoning Bylaw"), in quantities greater than those commonly associated with normal household
use, and will be located in the Aquifer Protection Overlay District, a special permit is required
From the Zoning Board of Appeals pursuant to Sections 406.5 and 103.2 of the Zoning Bylaw.
The proposed emergency power generator will provide backup power to a wireless
communications facility that is a personal wireless services facility within the meaning of the
Federal Telecommunications Act ("TCA"), 47 U.S.C. § 332(c)(7)(C)(ii), and a communications
facility as defined in Section 501 of the Zoning Bylaw. The wireless communications facility,
minus the emergency power generator shown on the plans, was approved by the Building
Department on November 14, 2024 in accordance with Section 6409(a) of Title VI of the Middle
Class Tax Relief and Job Creation Act of 2012, commonly known as the "Spectrum Act," and
the Federal Communications Commission (FCC) regulations implementing that section. A copy
of the building permit authorizing the installation and operation of the facility is attached hereto
as Exhibit A. This application is submitted with full reservation of Verizon Wireless's rights
under federal, state, and local law.
DESCRIPTION OF PROJECT
A. The Property
The Property is located within an R-40 Residential district and an Aquifer Protection Overlay
District. As shown on the site plan attached hereto as Exhibit B, the Property is currently
improved with an approximately 79-foot-tall Town -owned water tank and an existing
communications facility that is owned and operated by a different wireless service provider. The
existing communications facility generally consists of antennas mounted atop the water tank and
associated equipment located on the ground adjacent to the water tank. Verizon Wireless and the
Town have entered into a Lease Agreement dated June 25, 2024 authorizing Verizon Wireless to
use the Property for the purposes of installing and operating the communications facility,
attached hereto as Exhibit C.
B. The Verizon Wireless Communications Facility
As shown on the Site Plan, the Verizon Wireless communications facility will consist of a total
of nine panel antennas (three per sector), six remote radio heads (two per sector), and a total of
two OVP boxes mounted behind a screen wall designed and colored to match the existing screen
wall, to be installed atop the water tank. Verizon Wireless will also install, on the ground
adjacent to the water tank and the existing equipment compound, a 16' x 22' fenced -in equipment
area containing communications equipment and battery cabinets and the emergency power
generator, that is the subject of this special permit application. The facility also includes an ice
bridge that holds the cabling that connects the equipment to a vertical cable tray running up the
side of the water tank, as well as utility poles and power and telecommunications wires
connecting the facility to existing utility and communications services.
C. Proposed Backup Power Generator
Verizon Wireless has a policy of installing emergency generators at all of its wireless
communications facilities, as a source of backup power for use only in the event of an extended
power outage. The emergency power generator will enhance public safety by enabling the
wireless communications facility to continue operating during power outages. Wireless
communications are increasingly relied upon by emergency responders, public safety officers,
and the general public in tithes of crisis, inclement weather and other similar circumstances.
In the event of a long-term power outage, backup electrical power will be provided by a Generac
SD050 Diesel Generator mounted above a United Alloy 300 Gallon fuel tank (UL-142 TYW).
Spec sheets for the generator and the fuel tank are attached hereto as Exhibit D and Exhibit E
respectively. Complete secondary containment by a double -walled, steel tank for fuel is
provided at 120% of the fuel tank's capacity.
The generator will also hold 14.4 quarts of engine oil, 4.5 gallons of antifreeze, and have a starter
battery containing approximately 2 .7 Ibs of lead and approximately 8.14 lbs (0.5 gallon) of
sulfuric acid. Secondary containment for the antifreeze, engine oil, and small fuel spills from the
engine is provided by a top -of -fuel -tank containment pan that is designed to capture any fluid
released fi-om the generator above and has an approximately 29-gallon containment capacity.
D. Handling and Storage of Toxic or Hazardous Materials Registration
On July ?, 2025 the Yarmouth Board of Health approved a Handling and Storage of Toxic or
Hazardous Materials Registration (the "Hazardous Materials Registration") for the proposed
backup power generator and backup batteries.' As discussed in the Hazardous Materials
Registration application, all materials and equipment will be designed, used, and managed in
' The backup battery pack is encompassed by building; permit 131,13C-34-1 13 and therefore does not require a special
permit.
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accordance with all applicable federal, state, and local requirements, in such a way as to protect
against discharge of substances that may adversely affect the Aquifer Protection Overlay
District. The wireless communications facility, including the emergency power generator will be
regularly maintained by qualified technicians to assure that the equipment operates at optimal
conditions and so that no threat to the environment occurs. Replacement fluids and parts will be
stored off -site and brought onto the Property on an as -needed basis and used substances and
obsolete equipment will be removed from the site for proper recycling or disposal. Maintenance
and hazardous waste records will be stored and available for periodic inspections and audits.
A series of security measures are built into the communications facility to prevent accidental
damage or vandalism: (a) the entire facility will be enclosed by a 6-foot-tall locked stockade
fence; (b) at the request of the Board of Health, bollards were added outside of the fenced
enclosure in order to provide an additional layer of protection from accidental damage or
vandalism (see Sheet A-1 of the Site Plan); (c) the emergency power generator is equipped with
a series of alarms that will immediately notify the network alarm center of any equipment
malfunction; and (d) prompt emergency response will be available on a 24 hours a day, 7 days a
week basis.
In the event of a fluid leak from the generator (which could include engine oil, antifreeze and
start-up battery electrolyte) the fluids will be captured by the Top -of -Tank Containment Pan and
will activate a sensor that will trigger a fuel leak alarm on Verizon Wireless's Building
Management System ("BMS"). The alarm will alert Verizon Wireless OPS to dispatch a service
vendor immediately. Any released fluids will be removed by pumping them from the Top -of -
Tank Containment Pan. In the event of a leak from the fuel tank, the fuel will be contained by
the fuel tank's rupture basin. Leakage into the fuel tank rupture basin will be detected by a
sensor that will trigger a fuel leak alarm on Verizon Wireless's BMS that Verizon Wireless OPS
can see and dispatch a service vendor immediately. Any released fluids will be removed by
pumping them from the Drain Tertiary. Routine maintenance and emergency responses to the
communications facility will be handled by Verizon Wireless's service vendors in accordance
with the attached Spill Response Plan. A copy of the Spill Response Plan is attached hereto as
Exhibit F.
SATISFACTION OF APOD SPECIAL PERMIT REQUIREMENTS
The proposed emergency power generator satisfies the requirements of the Zoning Bylaw for the
grant of an Aquifer Protection Overlay District special permit pursuant to Section 406.5 of the
Zoning Bylaw as follows:
406.5.2 Application Submittal Requirements. When applying for a special permit
required by this section, the information listed below, when applicable, shall be
submitted with the application.
1. A complete list of chemicals, pesticides, fuels and other potentially toxic or
hazardous materials (with Materials Safety Data Sheets IMSDSI) and quantities
to be used or stored on the premises in quantities greater than those associated
with normal household use, accompanied by a description of measures proposed
to protect all storage containers/facilities from vandalism, corrosion and leakage,
and to provide for control of spills.
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Response: The generator will run on diesel fuel contained in a double -walled steel fuel tank
with a maximum capacity of 300 gallons. The generator will also hold 14.4 quarts of engine oil,
4.5 gallons of engine antifreeze and a generator starter battery of approximately 27.7 lbs of lead
and 8.14 Ibs (0.5 gallons) of sulfuric acid.
A series of security measures are built into the communications facility to prevent accidental
damage or vandalism: (a) the entire facility will be enclosed by a 6-foot-tall locked stockade
fence; (b) at the request of the Board of Health, bollards were added outside of the fenced
enclosure in order to provide an additional layer of protection from accidental damage or
vandalism (see Sheet A- I of the Site Plan); (c) the emergency power generator is equipped with
a series of alarms that will immediately notify the network alarm center of any equipment
malfunction; and (d) prompt emergency response will be available on a 24 hours a day, 7 days a
week basis.
Complete secondary containment for the diesel fuel tank is provided at 120%' of the fuel tank's
capacity. Secondary containment for the antifreeze, engine oil and small fuel spills from the
engine are provided by a top -of -fuel -tank containment pan that is designed to capture any fluid
released from the generator above and has an approximately 29-gallon containment capacity.
The top -of -fuel -tank containment pan consists of the top steel surface of the fuel tank and the
four steel sides of the fuel tank, which extend 2.5 inches above the top. The containment area
measures 2.5" high x 76.91" long x 35.67" wide.
2. A description of potentially toxic or hazardous wastes to be generated, including
storage and disposal methods and a spill response plan.
Response: Operation and maintenance of the backup power generator will result in 14.4 quarts
of engine oil being replaced annually or 250 hours of run time, whichever occurs first; 4.5
gallons of engine antifreeze being replaced every two years; one fuel filter being replaced
annually with each fuel check; one oil filter being replaced annually or 250 hours of run time,
whichever occurs first; and a generator starter battery, Group 31 — automotive style being
replaced every three years. The service technician will remove all toxic and hazardous waste
immediately after servicing the generator. No toxic and hazardous waste will be left on -site
overnight, or unattended.
A Verizon approved fuel company will deliver approximately 120 gallons of diesel to the
generator approximately once per year in the absence of electrical power outages. In the event of
an electrical power outage, the deliveries may become more frequent, depending on the duration
of the outage. Fuel polishing will be determined by fuel sample testing and will be conducted in
accordance with all applicable requirements and reviewed by the Yarmouth Water Department.
All materials required to perform the work will be removed from the site and properly disposed
of. Technicians will remain on -site for the duration of the process until final clean-up and
inspections are completed.
The Spill Response Plan that was approved by the Board of Health as part of the Hazardous
Materials Registration is attached hereto as Exhibit F.
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3. Proof of registration with the Yarmouth Board of Health, as outlined in the Board
of Health Regulation entitled "Handling and Storage of Toxic and Hazardous
Materials."
Response: Verizon registered with the Board of Health on June 26, 2025, when its Board of
Health Handling and Storage of Toxic or Hazardous Materials Registration Form was received
by the Health Department. Subsequent to that, on July 7, 2025, the Board of Health approved
the Hazardous Materials Registration for the proposed backup power generator and backup
batteries and voted to recommend the proposal to the Zoning Board of Appeals. For more
information, please refer to the memorandum by Carl Lawson to be filed with the Zoning Board
of Appeals, dated July S, 2025.
4. Proof of submittal of a "Notification of Hazardous Waste Activity" form to the
Massachusetts Department of Environmental Protection.
Response: Verizon submitted a registration form to the U.S. Environmental Protection Agency
and the Massachusetts Department of Environmental Protection on September 9, 2025 as a Very
Small Quantity Generator of hazardous waste activities. The registration form is attached hereto
as Exhibit 1.
5. Preparation of Water Quality Assessment (Section 406.5.5) and Toxic and
Hazardous Waste Generation Assessment (Section 406.5.6).
Response: See responses to Section 406.5.5 and Section 406.5.6 below.
6. Any site plan or facility design drawings necessary to show compliance with the
design and operational requirements of this bylaw.
Response: See Exhibit B (Site Plan), Exhibit D (Generator Spec Sheets), and Exhibit E
(Generator Fuel Tank Spec Sheet) attached to this application.
406.5.3 Criteria for Approval. Such special permit shall be granted if the Board of
Appeals determines, in conjunction with other town agencies as specified in Section
406.5.4, below, that the intent of this bylaw as well as its specific criteria are met (see
section 406.5.5 below). In making such determination, the Board of Appeals shall give
consideration to the simplicity, reliability and feasibility of the control measures
proposed and the degree of threat to water quality which would result if the control
measures fail.
Response: The proposed emergency power generator will not result in impacts to the public
drinking water supply in the Town of Yarmouth. As detailed above, secondary containment for
the fuel tank is provided by the fuel tank's double -walled design, which provides containment at
120% of the fuel tank's capacity. Secondary containment for the antifreeze, engine oil, and
small fuel spills from the engine is provided by a top -of -fuel -tank containment pan that is
designed to capture any fluid released frorn the generator above and has an approximately 29-
gallon containment capacity. If a leak were to occur, the Applicant has measures in place in
accordance with the attached Spill Response Plan. In summary, in the event of a fluid leak from
the generator (which could include engine oil, antifreeze and start-up battery electrolyte) the
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fluids will be captured by the Top -of -Tank Containment Pan and will activate a sensor that will
trigger a fuel leak alarm on Verizon Wireless's BMS. The alarm will alert Verizon Wireless
OPS to dispatch a service vendor immediately. Any released fluids will be removed by pumping
them from the Top -of -Tank Containment Pan. In the event of a leak from the fuel tank, the fuel
will be contained by the fuel tank's rupture basin. Leakage into the fuel tank rupture basin
likewise will be detected by a sensor that will trigger a fuel leak alarm on Verizon Wireless's
BMS that Verizon Wireless OPS can see and dispatch a service vendor immediately.
406.5.5 Water Quality Criteria. Special permits under section 406 shall be granted
only if the applicant demonstrates to the satisfaction of the Board of Appeals that
groundwater quality resulting from on -site waste disposal and other on -site
operations will not violate federal or state standards for drinking water at the
downgradient property boundary. For nitrate -nitrogen the Cape Cod Commission
guideline of five parts per million (5 ppm) will be used. Projections of nitrate -nitrogen
concentrations shall be based upon current Board of Health regulations for nitrogen
loading.
Response: No waste will be disposed of on -site. Replacement fluids and parts will be stored
off -site and brought onto the Property on an as -needed basis and used substances and obsolete
equipment will be removed from the site for proper recycling or disposal. Maintenance and
hazardous waste records will be stored and available for periodic inspections and audits. No
activities or uses that would result in nitrogen or phosphorus loading into the groundwater are
being proposed.
406.5.6 Toxic or Hazardous Waste Generation Criteria. No use that can be classified
as a small quantity generator (SQG) of hazardous waste shall be allowed in the
Aquifer Protection Overlay District. A small quantity generator is defined as a use
which:
1. generates more than one hundred kilograms (100 Kg) or two hundred pounds
(200 lbs.) of hazardous waste a month
2. accumulates more than six hundred kilograms (600 Kg) of hazardous waste at
any one time
3. generates or accumulates any quantity greater than one kilogram (1 Kg) of
acutely hazardous waste in a month.
Response: The proposed emergency power generator will not meet or exceed any of these
thresholds and therefore, would not be considered a SQG under this provision.
406.5.7 Design and Operation Requirements. The following design and operation
guidelines shall be observed within the Aquifer Protection Overlay District:
I. Safeguards. Provision shall be made to protect against toxic or hazardous
materials discharge or loss resulting from corrosion, accidental damage, spillage
or vandalism through measures such as spill control provisions in the vicinity of
chemical or fuel delivery points, secured storage areas for toxic or hazardous
materials, and indoor storage provisions for corrodible or dissolvable materials.
For operations which allow the evaporation of toxic or hazardous materials into
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the interiors of any structures, a closed vapor recovery system approved by DEP
shall be provided for each such structure to prevent discharge of contaminated
condensate into the groundwater.
Response: The proposed emergency power generator complies with this standard. All toxic and
hazardous materials proposed to be on -site will have secondary containment. Replacement
fluids and parts will be stored off -site and brought onto the Property on an as -needed basis and
used substances and obsolete equipment will be removed from the site for proper recycling or
disposal. Maintenance and hazardous waste records will be stored and available for periodic
inspections and audits. In addition, the following security measures are built into the
communications facility to prevent accidental damage or vandalism: (a) the entire facility will be
enclosed by a 6-foot-tall locked stockade fence; (b) at the request of the Board of Health,
bollards were added outside of the fenced enclosure in order to provide an additional layer of
protection from accidental damage or vandalism (see Sheet A-1 of the Site Plan); (c) the
emergency power generator is equipped with a series of alarms that will immediately notify the
network alarm center of any equipment malfunction; and (d) prompt emergency response will be
available on a 24 hours a day, 7 days a week basis.
2. Location. Where the premises are partially outside of the Aquifer Protection
Overlay District, potential pollution sources such as on -site waste disposal systems
shall be located outside the District to the extent feasible.
Response: The Property is entirely located within the Aquifer Protection Overlay District.
3. Disposal. For any toxic or hazardous wastes to be produced in quantities greater
than those associated with normal household use, the applicant must demonstrate
the availability and feasibility of disposal methods which are in conformance with
M.G.L., ch. 21C. The discharge of sewage shall be in conformance with Title V
and Town of Yarmouth Health Regulations.
Response: The proposed emergency power generator complies with this standard. The service
technician will remove all toxic and hazardous waste immediately after servicing the generator.
No toxic and hazardous waste will be left on -site overnight, unattended. The diesel fuel will be
used on -site and replaced as required. Fuel polishing and fuel replacement of generator fuel will
be determined via fuel testing. In either case, proper technician PPE (safety glasses, gloves,
absorbent mats) and spill containment kits will be on hand and implemented. All materials
required to perform the work will be removed from the site and disposed of in an EHS approved
manor. All technicians required for the completion of the work will remain onsite for the
duration of the process until final cleanup and inspections are completed. Because the site is
located within the Aquifer Protection Overlay District, refueling, fuel polishing, and,'or fuel
replacement activities will be done in accordance with final work processes to be reviewed with
the Yarmouth Water Department to ensure that the activities meet applicable requirements. In
the event of a spill, the onsite technician(s) will follow the local regulatory agency's notification
procedure and notify the office of such an instant while onsite and remain onsite until released
unless a safety issue arises then the technician will move to a secure area.
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Drainage. All runoff from impervious surfaces shall be recharged on the site and
diverted towards areas covered with vegetation for surface infiltration. Leaching
basins shall be used only where other methods are not feasible, and shall be
preceded by oil, grease and sediment traps to facilitate removal of contaminants.
Such traps shall be maintained (with records) on a regular basis. Drainage
serving the site must also comply with Section 304 — Stormwater Management.
Response: The emergency power generator complies with this standard. The proposed
emergency power generator and associated equipment cabinets will be located on a 16' x 10'5"
concrete pad. The runoff generated by the concrete pad will flow towards the adjacent vegetated
area that comprises the majority of the Property.
SATISFACTION OF GENERAL SPECIAL PERMIT STANDARDS
The proposed emergency power generator also satisfies the requirements of the Zoning Bylaw
for the grant of a special pert -nit pursuant to Section 103.2 of the Zoning Bylaw as follows:
103.2.2 Criteria. Special permits shall not be granted unless the applicant
demonstrates that no undue nuisance, hazard or congestion will be created and that
there will be no substantial harm to the established or future character of the
neighborhood or town. In addition, individual sections of the Zoning Bylaw contain
supplemental special permit criteria for specific uses and types of development.
Response: The proposed emergency power generator satisfies the general requirements of the
Zoning Bylaw for a special permit because it will not create undue nuisance, hazard or
congestion and will not result in substantial harm to the established or future character of the
neighborhood or the Town of Yarmouth. The proposed emergency power generator is necessary
to provide backup power to the wireless communications facility to be located on the existing
water tank in the event of a power outage. The wireless communications facility will allow
Verizon Wireless to fill a significant gap in wireless coverage that is experienced in the area.
The availability of reliable wireless communications service for both voice and data
communications benefits area residents, businesses and people traveling on the area road
network, all of whom rely on these services for a wide variety of purposes. Reliable wireless
service also enhances community safety, because it is used by first responders and other public
safety officials as well as the public in times of crisis, natural disaster, inclement weather, and
similar circumstances. The wireless communications facility served by the emergency power
generator will have no employees, and will not generate traffic or cause noise, odor, glare or
significant visual impacts. The generator will be exercised once per week for approximately 35
minutes and otherwise will run only in the event of a power outage.
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CONCLUSION
For all of the foregoing reasons, and with full reservation of its rights under federal, state and
local law, the Applicant respectfully requests that the Zoning Board of Appeals grant a special
permit to authorize the installation of the proposed emergency power generator at the Property.
EXHIBIT LIST:
Exhibit A — Building Permit No. BLDC-24-113, issued by the Town of Yarmouth Building
Department on November 14, 2024
Exhibit B Site Plans titled "Verizon - Yarmouth-3_MA," prepared by MasTec Network
Solutions, and revised through August 20, 2025
Exhibit C — Lease Agreement entered into between the Town of Yarmouth and Verizon Wireless
on June 25, 2024
Exhibit D — Generac SD050 50 kW Diesel Generator Spec Sheet
Exhibit E — Fuel Tank Drawing
Exhibit F Spill Response Plan
Exhibit G Property Deed and Plan of Land
Exhibit. H Previously Issued Special Permits on Property
Exhibit I Hazardous Waste Generator Registration Form
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