HomeMy WebLinkAbout5197 20 Old Hyannis Rd Decision Certified 11.18.25ARRaur �uis �CLERK�
FILED WITH TOWN CLERK:
PETITION NO:
HEARING DATE:
PETITIONER:
PROPERTY OWNER:
PROPERTY:
TOWN OF YARMOUTH
BOARD OF APPEALS
DECISION
November 18, 2025
5197
October 9, 2025
Cellco Partnership d/b/a Verizon Wireless
Town of Yarmouth
20 Old Hyannis Road, Yarmouth, MA
Map 104, Parcel 10
Zoning District: R-40, Aquifer Protection Overlay
District
Title: Book 1795, Page 99
MEMBERS PRESENT AND VOTING: Chairman Sean Igoe, Dick Martin, John Mantoni,
Barbara Murphy, and Tim Scanlan
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 Cape Cod Times, the hearing opened and held on the date stated above.
The subject property is located at 20 Old Hyannis Road, Yarmouth, MA 02575 (the "Property"),
which is located in the R-40 zoning district and the Aquifer Protection Overlay District
("APOD"). The Property is owned by the Town of Yarmouth and currently improved with a
Town -owned water tank and a wireless communications facility owned and operated by a
different wireless service provider. The Property is shown on Plan Book No. 266, Page No. 20
and contains approximately 9.89 acres.
The Petitioner, Cellco Partnership d/b.'a 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 the Property. The wireless communications facility,
minus the emergency power generator, 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.
An APOD Special Permit is required 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
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DEC " 9 2QMPAO / CMC / TOWN CLERK
Zoning Bylaw ("Zoning Bylaw"), in quantities greater than those commonly associated with
normal household use, pursuant to Sections 406.5 and 103.2 of the Zoning Bylaw. 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 containing approximately 27.7 pounds of lead and 8.14
pounds (0.5 gallons) of sulfuric acid. 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 tap -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 inches high by 76.91 inches long by 35.67 inches
wide.
At the hearing, no members of the public spoke in favor or in opposition to the petition.
The Petitioner is seeking the following relief
1. Petitioner is seeking a Special Permit pursuant to Sections 406 and 103.2 of the Zoning
Bylaw for the installation of an emergency power generator to provide backup power for
a permitted wireless communications facility to be installed on and adjacent to the Town -
owned water tank on the Property.
The Petitioner, through its representative, presented evidence establishing how the proposed
emergency power generator complies with the Special Permit requirements set forth in Sections
103.2 and 406 of the Zoning Bylaw. Specifically, the Petitioner established that the proposed
emergency power generator will not result in impacts to the public drinking water supply in the
Town of Yarmouth. 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 tap -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. If a leak
were to occur, the Petitioner has measures in place in accordance with the Emergency Spill
Response Plan filed with the Board, as part of this application, and revised on October 20, 2025
to correct a typographical error.
The Petitioner also established that the proposed emergency power generator has been well -
vetted by the Yarmouth Board of Health. On July 7, 2025, the Petitioner appeared before the
Board of Health, which unanimously voted to recommend the proposal to the Zoning Board of
Appeals for relief, based on the ability of the proposal to comply with the Town of Yarmouth
Board of Health Regulation: "Handling and Storage of Toxic or Hazardous Materials." The
Petitioner, through its representative, testified to reviewing the Memorandum drafted by Carl E.
Lawson, Jr., the Hazardous Materials Inspector for the Yarmouth Health Department, dated
August 6, 2025 (the "Memorandum") and that the petition before the Board addresses the
concerns in the Memorandum.
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CMMGCMC I TOWN CLERK
DEC - 9 2025
The Board reviewed the Memorandum and was satisfied that the proposed emergency power
generator would meet the requirements under the Zoning Bylaw for the issuance of a Special
Permit with the imposition of the requirements and recommendations recited in the
Memorandum. As such, the Memorandum is hereby incorporated in its entirety and attached
hereto.
Regarding the request for Special Permit, the Board found that the Petitioner demonstrated that it
has met the criteria for a Special Permit, 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. The Board also found that the Petitioner demonstrated that it has met the
criteria under Section 406 of the Zoning Bylaw, that there will be no danger to the public
drinking water supply and that it has made adequate safeguards to ensure that.
Accordingly, a motion was made by Mr. Scanlan, and seconded by Mr. Martin, to approve the
Special Permit, as requested, incorporating the Memorandum of the Hazardous Materials
Inspector, dated August 6, 2025, in its entirety. A roll call vote was taken on this Motion with the
following results: Mr. Igoe - AYE; Mr. Martin - AYE; Mr. Mantoni - AYE; Ms. Murphy - AYE;
and Mr. Scanlan - AYE.
Accordingly, the Special Permit was approved on a 5-0 vote in favor, with the following
conditions:
1. The Memorandum drafted by Carl E. Lawson, Jr., the Hazardous Materials Inspector for
the Yarmouth Health Department, dated August 6, 2025, is incorporated into the
Decision in its entirety, and the requirements and recommendations set forth therein are
conditions of this Special Permit; and
2. The Petitioner furnish the Board with the name of a local contractor that will respond to
an emergency in the event there is one.
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 notice-Aecision 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 § 103.2.5, MGL c40A §9)
Sean Igoe, Chairman
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CM1�1�s 1 CMC 1 TOWN CLERK
DEC - 9 2025
CERTIFICATION OF TOWN CLERK
I, Mary A. Maslowski, 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 #5197 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. All appeals have been exhausted.
Mary A. Maslowski, MMC, CMMC
DEC - 9 2025
COMMONWEALTH OF MASSACHUSETTS
TOWN OF YARMOUTH
BOARD OF APPEALS
Petition #: 5197 Date: December 9, 2025
Certificate of Granting 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:
PETITIONER: Cellco Partnership d/b/a Verizon Wireless
PROPERTY OWNER: Town of Yarmouth
Affecting the rights of the owner with respect to land or buildings at: 20 Old Hyannis Road, Yarmouth, MA;
Map 104, Parcel 10; Zoning District: R-40, Aquifer Protection Overlay District; Title: 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 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.
Sean Igoe, Chairman
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• ��Gl.�ljju�,F.J
CM�A / CMC 1 TOWN CLERK
DEC - 9 2025
TO:
FROM:
TOWN OF YARMOUTH BOARD OF
1146 ROUTE 28, SOUTH YARMOUTH, MASSACHUSETTS 02664-24451 HEALTH
Telephone (508) 398-2231, ext. 1241 DIVISION
Fax (508) 760-3472
RECEIVED
SEP 2 9 2025
MEMORANDUM YARMOUM
sOAM QfAss
Zoning Board of Appeals
Carl E. Lawson, Jr., Hazardous Materials Inspector C L
SUBJECT: Zoning Board of Appeals Petition Number 5197
New Verizon Wireless Facility
20 Old Hyannis Rd., Yarmouth Port
and
Request to store toxic or hazardous materials in amounts greater
than those commonly associated with normal household use as
referenced in Yarmouth Zoning Bylaw Section 406.5.1.1 (3).
DATE: August 6, 2025
ATTACHMENT: Board of Health, Handling and Storage of Toxic or Hazardous
Materials Registration Form Completed by Verizon Wireless and
Received by the Health Dept. on June 26, 2025
Background
Verizon is an international telecommunications company providing a variety of
communication and information services, including, but not limited to, wireless
communications service.
• i7-7
Verizon has a lease agreement with the Town of Yarmouth, signed in June of 2024, to
install wireless communications equipment, including, but not limited to, antennas,
structural supports, cabling, equipment cabinets, a diesel generator including a double -
walled fuel tank, auxiliary power batteries, and a concrete pad, at the site of a Town
water supply tank site located at 20 Old Hyannis Rd. in Yarmouth Port. The location is
within the Aquifer Protection District (APD) for the Town's public drinking water supply.
Verizon proposes installing auxiliary power sources to maintain area wireless
communication service In the event of an electric utility power failure. The initial auxiliary
power source that will activate is a battery array, which will power wireless
communications in the short term. In the event of a longer -term power failure, the
second auxiliary power source, a diesel generator, will provide power.
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Toxic and Hazardous Materials Delive
Toxic and hazardous materials consisting of diesel fuel for the generator, engine fluids
for the generator and batteries will be delivered to the site during or following
construction of the wireless communications facility.
Following construction and activation of the facility, diesel fuel will be delivered an
estimated once per year, but potentially more often if the generator is operated beyond
regular weekly exercise to provide power during outages.
Replacement generator engine oil, antifreeze, starter batteries, and auxiliary power
batteries will be brought onsite by service technicians as they are needed to replace
spent fluids or components.
Toxic and Hazardous Materials Storage
Toxic and Hazardous Materials present onsite will only be those in use and within the
generator, diesel fuel tank and battery cabinet. There will be no toxic or hazardous
materials present onsite within any other storage containers except for those brought
onsite by service technicians and remaining onsite only during servicing of the onsite
stationary equipment.
The generator will be mounted (bolted) on top of a double -walled, steel fuel tank with a
300-gallon capacity that will hold diesel fuel. The steel fuel tank will be mounted on a
10-inch-thick concrete pad. Secondary containment of the diesel fuel is provided by the
double walls of the tank.
The generator will contain 14.4 quarts of engine oil, 4.5 gallons of engine antifreeze and
use a starter battery that contains approximately 0.5 gallons of liquid electrolyte in the
form of sulfuric acid. The generator will also contain some small amount of diesel fuel.
Secondary containment of these fluids will be provided by the design of the fuel tank on
which the generator is mounted. The top of the fuel tank has a continuous, raised, steel
edge which forms a containment area for the fluids within the generator mounted above.
The fluids listed above collectively total 34.4 quarts or approximately 8.6 gallons. The
secondary containment area on the top of the fuel tank has a capacity of approximately
29 gallons, which far exceeds the BOH Regulation secondary containment volume
requirement of 150%.
The auxiliary power batteries that will power the wireless communications equipment
(as opposed to the generator stater battery mentioned previously) will collectively
contain 17.80 gallons of liquid electrolyte in the form of potassium hydroxide. The
battery cabinet in which the auxiliary power batteries will be placed provides 26.7
gallons of secondary containment.
26.7 gallons of secondary containment / 17.80 gallons of electroAI§E COPY ATTEST:
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CIVINI : / Off lJOAN RK
Fuel polishing is accomplished with the use of specialized equipment. The process
involves pumping the diesel fuel from the lowest point of the tank, where contaminants
tend to rest, circulating the diesel though a series of filters and separators that remove
contaminants, and returning the diesel to the fuel surface inside the tank. The removal
of untreated fuel from the tank, and the return of treated fuel to the tank, occur
simultaneously so the entire volume of diesel in the tank is not completely removed at
once and reinserted. Instead, only a fraction of the diesel fuel is removed from the tank
at any one time. Fuel polishing is used to maintain fuel quality for applications in which
the fuel is seldom used and replenished, as if often the case with auxiliary generators.
Verizon plans to have the diesel fuel for the generator polished when fuel testing
indicates such is needed.
Environmental Safeguards
1) All toxic or hazardous materials proposed to be onsite will have secondary
containment, as described previously.
2) The accidental release of diesel fuel from the generator fuel tank inner wall to the
space between the inner and outer walls, known as the interstitial space, will
activate an immediate notification to the Verizon Wireless network alarm center
for emergency response, which is continuously available. The released fuel will
be recovered from the interstitial tank space by attaching reclamation equipment
to a port, built into the outer wall of the tank.
3) The accidental release of generator engine oil, generator engine antifreeze
and/or generator starter battery electrolyte from the generator to the containment
area immediately beneath the generator and on top of the fuel tank will also
activate an immediate notification to the Verizon Wireless network alarm center
for emergency response, which is continuously available. These released
substances will be recovered by attaching reclamation equipment to a separate
port from the one referenced above, that is built into the upper portion of the tank.
4) The monitoring systems that are mentioned above will transmit hazardous
material release notifications to the Verizon Wireless network alarm center by a
fiber optic communication line to be installed onsite.
5) According to the generator and tank dealer, the fuel fill has a "cam and groove
system that requires the refueler to have a positive attachment from the rill hose
to fuel fill -this is not a standard fuel station pump handle that is easily overfilled."
6) The fuel fill port on the fuel tank has an overfill valve that stops fuel flow when the
tank reaches 95% of its capacity.
7) The fuel fill port on the fuel tank is surrounded by a
that will catch an overfill of fuel in the event of a
mentioned above. The fuel fill containment bucket
drain back into the tank.
fuel fill containment bucket,
failure of the overfill valve
allows any captured fuel to
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CMMO I CMC 1 TOWN CLERK
DEC - 12025
7) Any waste material must be properly disposed of by a licensed hazardous waste
hauler.
8) Absorbent material must be kept onsite for use in the event of spills.
Spill response kits containing absorbent materials will not be stored onsite
because the facility is not staffed. However, spill response kits containing
absorbent materials will be brought onsite in the vehicles of service technicians
and the fuel delivery service.
9) Safety Data Sheets (SDS) for each toxic or hazardous material must be
maintained onsite and be readily available,
Safety Data Sheets (SDS) for each toxic or hazardous material will not be stored onsite
because the facility is not staffed and will not have an office or any building in which to
store SDS. SDS will, however, be available to service and fuel delivery personnel when
they are working onsite.
BOH Hearing and Recommendations
Mr. Timothy Twardowski, Attorney for Verizon Wireless, presented the proposal to the
BOH at the regular board meeting on July 7, 2025. After discussion, the BOH approved
recommending the proposal of Verizon Wireless to the ZBA by a unanimous vote with
four members present and voting. This recommendation is based on the ability of the
business to comply with the Town of Yarmouth Board of Health Regulation: "Handling
and Storage of Toxic or Hazardous Materials" and based on the following six (6)
conditions listed below. These conditions are in addition to the strict scope of the
regulation and are intended to provide additional protection for the APD.
1) The maximum allowed total combined storage volume of toxic and hazardous
materials is 400 gallons.
2) The Emergency Spill Response Plan submitted by Verizon Wireless to the Board
of Health must be immediately available, in either electronic or print form, to all
service and fuel delivery personnel while they are onsite and they must be
familiar with the plan.
3) Safety Data Sheets (SDS) for applicable materials must be immediately
available, in either print or electronic form, to all service and fuel delivery
personnel while they are onsite.
4) Spill response materials must be immediately available to all service and fuel
delivery personnel while they are onsite.
5) Toxic or hazardous waste generated or removed from equipment must be
removed from the site for proper disposal immediately after servicing and never
left unattended.
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TA -�49
u8z/Ita 7
C.M I CIVIC 1 TOWN CLERK
DEC - 9 2025
for a to
TOWN OF YARMOUTH
1146 ROUTE 28. SOUTH YARMOIITH. MASSACHUSCM e2"4.4451
Tekphoae (908) 3".2231 ext. 1240, Fox (50) 7W34
BOARD OF HEALTH
HANDLING AND STORAGE OF TOXIC OR HAZARDOUS MATERIA LS
JUN 2 6 2025
REGISTRATION FORM HEALTH OEPT.
The brat also for anv orn ms9d n sw buyl n gas is. to check vdth 1hp
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Please mvide the fallowing on a separift shhebl of DaRIL
1) Written description of business to include:
a) Business owner's name, address, phone number
Cellco Partnership dlWal Verizon Wireless with legal address and principal place
of business at One Verizon Way, Mail Stop 4AW100, Basking Ridge, New Jersey
07920 1 24-hour Hotline 800486.9639 or M-264.6620
b) Name of business - Calico Partnership WWI Verizon Wireless
c) Business operation (including statement on vehicle repair, vehicle washing, vehicle
fuelling, and storage of any other bulk materials whether or not OW are toxic or
hazardous such as compost or fertilizer) - Wireless antenna installation on the
existing municipal water tank, including associated cabling and ground
equipment cabinets with battery backup.
d) Hours of operation - 2417.
e) Number of employees - No employees on site, self-operating. The location is
visited by service technicians approximately once a month in a regular pickup
truck.
2) List of all toxic and hazardous materials proposed to be used or stored in the business.
Include material quantities, container sizes and tank sizes if applicable. These materials
include any material that may be considered harmful to public health and the environment
such as gasoline. oils, motor vehicle fluids, paints, adhesives, chemicals and other products.
Two battery strings each containing 8.90 gallons of liquid potassium hydroxide
electrolyte for a total of 17.80 gallons of battery add. Housings are single walled, and
the battery cabinet provides 26.7 gallons of secondary containment
ohmi teal: 300-gallon capacity - integral, double -walled steel tank
DEF: NIA
Engine Oil:14.4 quarts
Revised 1-16-2013
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CMM%, / CMC / TOWN CLERK
DEC - 9 2025
b) Rag Service
9) InckAe emergency spill containment plan/proosdure with names and phone numbers of
appropriate State and Town Depeftents such as. but not limited to:
a) Massachusetts Department of Environmental Protection (DEP) W-304-1133
b) Fire Dept. 911 for emergencies I Yarmouth Fire Department 508.388-2212
c) Health Dept. $08.3"-2231 X 1240
d) Hazardous Waste Disposal Company Clean Harboro 800.645.8265
e) Owner of property if properly is rented or leased Yarmouth Water Department 508-
771 7921
10) Hazardous Waste Removal
a) Licensed Hazardous Waste Hauler - company name and address
Clean Harbors
42 Longwater Drive
Norwell, MA 02061
781 792-5000
b) Frequency of removals (number of times per month or year that waste is (emoved)
The generator will be exercised once per week for 35 minutes. Therefore, over the
course of a year It will run for 30 hours provided there are no electrical power
outages.
Diesel. 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 kka will be on hand and implemented. All materials required to
perform the work will be removed from the site and disposed of In an ENS
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, andlor fuel replacement activity 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 onsits technicien(s) will follow the local regulatory agency's
notification procedure and notUy the office of such an instant while onsite and
rernaln onslte until released unless a safety issue arises then the technician will
move to a secure area.
Fuel filters: Annually with each fuel check. Metal cannister filter.
Gearbox all: NIA
Engle oil: Annually or 250 hours of run time. whichever occurs first.
Engine all filters: Annually or 250 hours of run dine, whichever occurs first.
Engine antifreeze: every two years.
Starter battery: every three years. A TRUE COPY ATTEST:
Revised 1-16-2013 5��a- NA4d6m '
GMG I TOWN GLERK
DEC - 9 2025
d) Storage of road sand or road salt - WA
e) Storage of compost - WA
Please rote:
1) Please contact the Health Department at 508-398-2231 x1240 if there are any questions or
fi assistance is needed to Complete this information request.
2) The following meetings or hearings may apply to you proposal:
a)
Site Plan Review
b)
Board of Health
c)
Board of Appeals
d)
Board of Selectmen
3) if a Board of Selectmen or Board of Appeals Hearing applies to your proposal the Health
Dept. Handling and Storage of Toxic or Hazardous Materials License is to be paid for once
all applicable boards grant their approvals. The licensing threshold Is ten gallons for liquids
and five pounds for solids. The license fee is $150- per fiscal year: July 1— June 30.
4) The applicant must also contact the Building and Fire Depts. for their requirements.
5) There shalt be no occupancy of the property until all dept. approvals are complete.
Revised 1- t 6-2013
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CYN',W f CIVIC I TOWN CLERK
DEC - 9 2025