HomeMy WebLinkAboutExhibit H - Previous DecisionsBK 12944 PGO96 2241 S
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THE COMMONWEALTH OF MASSACHUSETTS
N 0 T N O T
A N TOWN OF ` ARMO TH
FICIAL BO� vt #t_AA. g
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N 0 T
Appeal03566 A N
N O T
A N Date: November 17,1999
O F F beiijL O01
IDMI A L
C rat 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 SpecialM LP
Address: L Ipternatlonal Blvd Suite 9D0
City or Town: Mah=h,-NJ 07495
affecting the rights of the owner with respect to land or buildings at: Old Hyannis Road -Prospect
Hill, Yarmoutb, MA. Assessor's Map:104 Parcel: 10 (83/D1) Zoning District: R40
And the said Board of Appeals fiuther 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 filed with the Planning Board and the Town Clerk.
The Board of Appeals also calls to the attention of the owner or applicant that Oeneral Laws,
Chapter 40A, Section 1 I (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 ". The fee for such recording or registering
shall be paid by the owner or applicant.
David S. Reid, Clerk `
CERTIFICSP.WPD 4
81C t 2944 PG09--? 22415
NO T TOWN OF YARMMJTH
A N TOWN CLEIKN
F F I C I A L O F F I C I A L
C 0 P Y C O P Y
N V T
A N
O F F I C I A L
C 0 P Y
N 0 T
A N
O F
F I C I
A L
C 0 P Y
CERTIFICATION OF TOWN CLERK
I, George F. Barabe, 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 #3566 and that no notice
of appeal of said decision has been filed with we, or, if such appeal has been filed it has been
dismissed or denied.
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Clerkeertification.wpd
SK 1294 4 P'GO98 2241 S
TOWN OF YARMOUTH S E C F:. r If 1 V
BOARD OF APPEALS
N A 0 N T DECISION N A 0 N T
OCT 2 8 1999 s]�
FFICIAL OFFICIAL WK,, If.,
C O P Y C O P Y `xnrrrr�'t'l;�.'ia!rrr,!,.+t,
FILED WITH TOWN CLSFtf: October 28, 1999 N 0 T
PETITION NO: A 43566 A N
O F F I C I A L O F F I C I A L
HEARING DATE: C 0 IbAober 14,1999 C O P Y
I- PETITIONER: Sprint Spectrum LP 1999OCT28 P" 1i13
PROPERTY., Old Hyannis Road/Prospet Hill
Map: 104, Pamel: 10 (8311)1) Zoning District: R40
MEMBERS PRESENT AND VOTINGt David Reid, Chairman, James Robertson, John
Rlehards, 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 doomed 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 from 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 wore 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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W 129 44 PGOSS 22 41 S
After due consideration,Nta Board is satisfied that tl lia%ments of §408 have been met,
provided the petitioner sebAs the necessary approvals oft V Old King's Highway Committee,
and complete the aejbilikti6rLCDf11han6cessary leaft M)lf t* 16wk fbr Ike use of the site.
C O P Y C O P Y
Accordingly, a motion was made by Mr. Robertson, seconded by Mr. Richards, to grant the
requested waivers of tholsWxMpssion requirements, and tQ SMW the Special Permit for the use
proposed. The membeMvgjed unanimously in favor ofptl* motion. The Special Permit is
therefore grantedo F F I C I A L O F F I C I A L
C O P Y C O P Y
No permit shall issue until 20 days from the Sling of this decision with the Town Clerk. Appeals
from this decision shall be made pursuant to MOL cAOA § 17 and must be filed within 20 days
after tltell>jing of this noticeldecision with the Town Clerk.
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David S. Reid, Clerk
BARNSTABLE REGISTRYQF DEEDS
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Bk 20661 Pw63 0-3199
01-18--2006 8 09 2 2'1oe
TOWN OF YARMOUTH
BOARD OF APPEALS
N O T DECISIONI,I o T
A N A N
O F F I C I A L O F F I C I A L
FILED WITH TOWNtC4Epliq December 28, 200t 0 p y
PETITION NO. 20 T N 0 T
HEARING DATE: .DfcrLr OP5 O F F I C I A L
PETITIONER: NCew Cingular Wireless PCS, LLCC O P Y
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. Markin, 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 c40A section 17 and must be filed within 20 days after filing of this
noticetoosion with the Town Clerk_ Unless otherwise provided herein, the Special Permit shall lapse if a
subsotial u4c thereof hWot begun within 24 months. (See bylaw § 103.2.5, MGL c40A §9)
David S. Reid, Clerk
Bk 20661 Pg 64 #3199
COMMONWEALTH OF MASSACHUSETTS
N o T TOWN OF YARMOkTPI-F
AN BOARD OF APPEASN
O F F I C I A L O F F I C I A L
C O P Y C O P Y
N 0 T N O T
A N A N
Appeal #4002 OFF C O P I A L 0 f6tgr oa miaryAll:2006
Certificate of_CrantiaE of a Special Permit
(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:
New Cingular Wireless PCS, LLC
C/O Anderson & Kreiger, LLP
43 Thorndike Street
Cambridge, MA 02141
Affecting the rights of the owner with respect to land or buildings at 24 Old Hyannis Road,
Yarmouthport. Map and Parcel: 104.10 Book: 1795 & Page: 99, 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 that 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 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 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.
David S. Reid, Chairman
Bk 20661 Pg 65 #3199
TgWN OF YARMOUTH Town
I j W RpU E 8 SOUTH YARMOUTH MASNACHUSETfS 02664-24451 Clerk
Tjle jhcWe J-A) 598-2231 W92t R& 150) 998A,2
C O P Y C O P Y
N 0 T N 0 T
A N A N
O F F I C I A L O F F I C I A L
C O P Y C O P Y
CERTIFICATION OF TOWN CLERK
I, Jane E. Hastings, 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 #4002 and that no notice of
appeal of said decision has been filed with me, or, if such appeal has been filed it has been
dismissed or denied.
I , .
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BARNSTABLE REGISTRY OF DEEDS