HomeMy WebLinkAboutDecision 4878 02.03.21Bk 33839 Pg94 #1396:
03-01-2021 08:07a
TOWN OF YARMOUTH
BOARD OF APPEALS
DECISION
FILED WITH TOWN CLERK: February 3, 2021
PETITION NO: #4878
HEARING DATE: January 28, 2021
PETITIONER: Cellco Partnership d/b/a Verizon Wireless
PROPERTY: Existing Utility Pole # 37/124S located in public right of way adjacent
to Route 28, Yarmouth (SC05)
Nearest Parcel is 703 Route 28, Map: 32, Parcel: 120 (Address and
parcel is for reference only) Zoning District: B3 &VC1
Book/Page: n/a
MEMBERS PRESENT AND VOTING: Steven DeYoung, Chairman, Sean Igoe, Vice Chair,
Dick Martin, Tim Kelley and Tom Baron.
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 Register, the hearing opened and held on the date stated above.
The Petition was presented by Daniel D. Klasnick of Duval & Klasnick LLC, Ralph Colorusso
of Nexius and Thejasree Vermulapalli, RF Design Engineer on behalf of Cellco Partnership d/b/a
Verizon Wireless ("VZW") concerning VZW's petition to install, operate and maintain a Small
Cell wireless communication antenna and supporting equipment to be mounted to the existing
utility pole #37/124S, which is located in the public right of way adjacent to 703 Route 28,
Yarmouth, in a B3 & VC 1 Zoning District.
The proposed installation will consist of a canister antenna, which will be mounted on a
fiberglass extension to the top of the existing utility pole. The antenna resembles a traditional
electric transformer similar to those already located on utility poles throughout the area.
Additional supporting equipment (including remote radio heads, electrical junction box and
meter, and fiberoptic and power connections) will be mounted to the exterior of the pole,
resulting in a self-contained antenna facility without the need for further infrastructure.
A TRUE COPY ATTEST
A I TOWN-LECRK
FEB 2 4 2021
Bk 33839 Pg95 #1396:
The Board unanimously concurred that the Petition meets the criteria under Section 408 of the
Town of Yarmouth Zoning Bylaw ("Bylaw") for a Special Permit. The Board further
unanimously concurred that VZW has satisfied the requirements of Section 408.4.1 of the Bylaw
with respect to its requests for waivers from Sections 408.6.2.5 and 408.6.2.6 (regarding Town -
wide maps showing existing and proposed future Personal Wireless Service Facilities in the
Town), Section 408.6.3 (regarding siting elevations), Section 408.6.4 (regarding Design Filing
Requirements), Section 408.12.3 (Abandonment or Discontinuation of Use).
Mr. Baron made a Motion to approve the Petition without condition, seconded by Mr. Martin. On
this Motion, the Board by a roll call vote unanimously voted in favor (approved 5-0).
No permit shall issue until 20 days from the filing of this decision with the Town Clerk. This
decision must be recorded at the Registry of Deeds and a copy forwarded to the Board of
Appeals. 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/decision 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, MGL c40A §9)
Steven S. DeYou , Chairman
Ek 33839 Pg96 #1396:
Appeal #4878
COMMONWEALTH OF MASSACHUSETTS
TOWN OF YARMOUTH
BOARD OF APPEALS
Date: February 24, 2021
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
c/o Duval & Klasnick LLC, P.O. Box 254, Boxford MA 01921
OWNER: (1) Eversource Energy, One NSTAR Way, NWBED 180, Westwood, MA 02090
(2) Verizon Communications, Inc., 185 High St., Boston, MA 02111
Affecting the rights of the owner with respect to land or buildings at: Existing utility pole
#37/124S located in public right of way adjacent to Route 28, Yarmouth, Nearest Parcel is
703 Route 28, Yarmouth Map: 32, Parcel: 120 (Address and parcel is reference only)
Zoning District: B3 & VC1; 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.
Leven DeY , C air
A TRUE COPY ATTEST
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1 TOWN CLERK
FED 2 4 2001
3
Bk 33839 Pg97 #1.396.
TOWN OFYARMOUTH
1146 ROUTE 28, SOUTH YARMOUTH, MASSACHUSETTS 02664445I
Telephone (508) 398-2231 Ext. 1285, Fax (508) 398-0836
CERTIFICATION OF TOWN CLERK
Town
Clerk
I, Mary A. Maslowski, Town Clerk, Town of Yarmouth, do hereby certify that ZO days have
elapsed since the filing with me of the above Board of Appeals Decision #4878 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 . Maslowski
Town Clerk
FED 2 4 2011
TRUE COPY ATTEST,
CM !TOWN CLERK
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MM11, R33GISTER
BARNSTABLE COUNTY REGISTRY OF DEEDS
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