HomeMy WebLinkAboutDecision 4002Bk 20661 Pw63 s3199
01-18-2006 & 09=21cx
TOWN OF YARMOUTH
BOARD OF APPEALS
DECISION
FILED WITH TOWN CLERK: December 28, 2005
PETITION NO. #4002
HEARING DATE: December.A2005
PETITIONER: New Cingular Wireless PCS, LLC
PROPERTY: 24 Old Hyannis Road, Prospect Hill Water Tank Yarmouthport
Map and Parcel: 104.10 Zoning District: R40
MEMBERS PRESENT AND VOTING: David S. Reid, Chairman, John Richards, Diane
Moudouris, Steven DeYoung and Debra Martin,
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 bylaw §408, to locate an additional set of telecommunication
antennae, and supporting equipment at this municipally owned site.
The property currently contains the Town of Yarmouth water tank and its accessory equipment. There is also
currently located one set of antennae for another telecommunication company. The proposed new antenna
equipment will be located below the top ridge of the tank. Its support equipment will be located within a fenced
in equipment area, to be located as shown on the petitioner's plans. The petitioner currently has a lease for the
use of the area from the town. The petitioner understands the approval of the Old Kings Highway committee
will also be required.
Concerns were expressed by one abutter about the access way to the tank, both in terms of the appropriate
control of gate, and the right to use it for such commercial/non-municipal activities. The Board directed the
matter to the Town Administrators office for such concerns and issues.
The Board finds that the petitioners submissions are adequate for this purpose, and that the additional
submissions requirements may be waived for this existing site. The Board noted that no APD relief has been
requested at this time. Should the petitioner wish to operate a propane gas generator, additional relief or
compliance will be needed. The Board finds that the requirements of §408 have been met.
Therefore, a motion was made by Mr. DeYoung, seconded by Mrs. Martin, to grant the Special Permit, as
requested, to allow the telecommunication antennae and supporting equipment, as proposed. The members
voted unanimously in favor of the motion.
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 MGL o40A section 17 and must be filed within 20 days after filing of this
notice/ i ' n with the Town Clerk. Unless otherwise provided herein, the Special permit shall lapse if a
sub tia=uf f begun within 24 montbs. (See bylaw $103.2.5, MGL c4OA §9)
David S. Reid, Clerk