HomeMy WebLinkAboutDecision 4736 Nearest Parcel 703 Route 28Bk 31326 Pg211 #27623
06-08-2018 @ 03:34p
TOWN OF YARMOUTH
BOARD OF APPEALS
DECISION
FILED WITH TOWN CLERK:
PETITION NO: #4736
HEARING DATE: April 26, 2018
May 16, 2018
PETITIONER: Cellco Partnership d/b/a Verizon Wireless
PROPERTY: Existing Utility Pole #37/124S located in public right of way adjacent
to Route 28/Main Street, Yarmouth (SC05)
Map & lot##: 0032.120; (Address is reference only) Zoning District:
B3 & VC1
Book/Page: n/a
MEMBERS PRESENT AND VOTING: Steven DeYoung, Chairman, Dick Martin, Susan
Brita 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 Peter D. Anderson, Esq. of McLane Middleton P.A., Ralph
Colorusso of Nexius and Keith Vellante of CSquared Systems on behalf of Cellco Partnership
d/b/a Verizon Wireless ("VZW') concerning VZW's Petition to install, operate and maintain
Small Cell and Cloud Radio Access Network ("CRAN") wireless communication antennas and
supporting equipment to be mounted to an existing utility pole #37/124S, which is located in the
public right of way adjacent to Route 28/Main Street, Yarmouth, in an B3 & VCI Zoning
District.
The proposed installation will consist of a 38.7-inch tall canister antenna, which will be mounted
to the top of an 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 a remote radio head, electrical junction box and meter, and fiber optic 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.
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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 408.6.2.5 (regarding Town -
wide maps showing existing and proposed future Personal Wireless Service Facilities in the
Town), Sections 408.6.3.3 (regarding siring elevations), Section 408.6.4 (regarding Design Filing
Requirements).
Tom Baron made a Motion to approve the Petition with conditions, seconded by Dick Martin. On
this Motion, the Board voted unanimously in favor.
Subject to the following conditions:
1. No new lighting will be added by Applicant, per approved small cell site.
2. Applicant will provide "As Built" plans, per site, submitted within I year of construction,
per site, to the Zoning Board of Appeals & Board of Health.
3. Applicant will provide emissions report, per site to the Board of Health.
4. Applicant will secure approval from the Town of Yarmouth, MA - Old Kings Highway
Historical Commission, per site located within Commission's historical areas.
5. Each approved site must meet any & all FAA or other government requirements.
6. Applicant must report emission report of compliance with maximum permissible
radiation, per site, to be filed with the Zoning Board of Appeals and the Board of Health.
7. 408.12.3 Waiver for Abandonment or Discontinuation of Use — approved
8. Site Plan waiver Granted.
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)
�e
Steven DeYoung, C rman
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Appeal #4736
COMMONWEALTH OF MASSACHUSETTS
TOWN OF YARMOUTH
BOARD OF APPEALS
Date: June 6, 2018
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 McLane Middleton, P.A., 900 Elm St., Manchester, N.H. 03101
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/Main Street, Yarmouth, Map:
32, Lot: 120 (Address 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 erect until a copy of the decision bearing
the certification of the Town Cleric 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.
S even DeYo hairman
3
Bk 31326 Pg214 #27623
TOWN OF YARMOUTH
Town
CIerk
1146 ROUTE 28, SOUTH YARMOUTH, MASSACHSETTS 02664-4451
TELEPHONE (508) 398-2231 EXT.1285, FAX (508) 398-0836
CERTIFICATION OF TOWN CLERK
I, Philip B. Gaudet,111, 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 #4736 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.
4 JOHN F. MEADE, REGISTER
BARNSTABLE COUNTY REGISTRY OF DEED:
RECEIVED S RECORDEn F.r.RCTROlrrVAr.r.Y