HomeMy WebLinkAbout0830 WAKEBY ROAD � 3 O CJa��� �.��,
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3225 MAIN STREET P.O. BOX 226
BARNSTABLE, MASSACHUSETTS 02630 CU
CAPE COD
(508) 362-3828 Fax (508) 362-3136 www.capecodcommission.org COMMISSION
May 12, 2020
DEPT.
Eco-Site LLC and T-Mobile Northeast LLC
c/o Attorney Ricardo Sousa, Prince Lobel Tye LLP
One International Place, Suite 3700
Boston, MA 02110 TOWN �F BARNSTABLE
RE: Final Certificate of Compliance
Wakeby Road Wireless Communications Facility (File No. 17019)
Dear'Mr. Sousa,
Enclosed please find the Final Certificate of Compliance for Wakeby Road Wireless
Communications Facility.
Please do not hesitate to call if you have any questions.
Sincerely,
Lisa Dillon
Commission Clerk i
Enclosure
cc: Elizabeth Jenkins, Director of Planning & Development, Town of Barnstable
Brian Florence, Building Commissioner, Town of Barnstable-
c
3225 MAIN STREET • P.O. BOX 226
BARNSTABLE, MASSACHUSETTS 02630
CAPE COD
(508) 362-3828 Fax (508) 362-3136 www.capecodcommis.sion.org COMMISSION
FINAL CERTIFICATE OF COMPLIANCE
DATE: May 11, 2020
PROJECT Eco-Site LLC and T-Mobile Northeast LLC
APPLICANT: c/o Attorney Ricardo Sousa, Prince Lobel Tye LLP
One International Place, Suite 3700, Boston, MA 02110
PROPERTY
OWNER: Barbara M. Laflam(for title see Deed Book 27207 Page 5)
PROJECT: Wakeby Road Wireless Communications Facility(CCC File No. 17019)
830 Wakeby Road, Barnstable (Marstons Mills),MA 026o1 (Map 13 Parcel 3)
DRI DECISION RECORDED IN DEED BOOK 30979 PAGE 82
The Cape Cod Commission(Commission)hereby issues this Final Certificate of Compliance
authorizing the Applicants to obtain local building permit sign-offs/ Certificates of Use and
Occupancy related to the construction of the 145400t wireless communications tower and
associated facilities as approved in the above-referenced Development of Regional Impact(DRI)
Decision dated November 9, 2017. The Commission certifies and acknowledges that the
Applicant has satisfied and complied with, and has completed the Project in accordance with,
the terms and conditions of the DRI Decision sufficient for issuance of this Certificate.
Signature page follows
i
Eco-Site WCF,830 Wakeby Road,Barnstable(Marstons Mills)
Final Certificate of Compliance
May 2020
Page i
SIGNATURE PAGE
Executed this iith day of May 2020.
For the Cape Cod Commission by:
Kristy S tori, Executive Director
COMMONWEALTH OF MASSACHUSETTS
Barnstable, ss May 11, 2020
Before me,the undersigned notary public,personally appeared Kristy Senatori,whose name is
signed on the preceding document, and such person acknowledged to me that she signed such
document voluntarily for its stated purpose as Executive Director of the Cape Cod Commission.
The identity of such person was proved to me through satisfactory evidence of identification,
which was [ ] photographic identification with signature issued by a federal or state
governmental agency, [ ] oath or affirmation of a credible witness, or [X] personal knowledge of
.the undersigned.
tary Pub is
SEAL My Commission Expires: SIRIN(p
LISA P.DILLON
NOTARY PUBLIC
EtlCommamreeNh of Mesaechueefte
My Commission Expires
August 28,2026
Eco-Site WCF,830 Wakeby Road,Barnstable(Marstons Mills).
Final Certificate of Compliance
May 2020
Page 2
i
Final Construction Control Document
I To be submitted at completion of construction by a
Registered Design Professional
.w for work per the ninth edition of the
Massachusetts State Building Code, 780 CMR, Section 107
Project Title: Eco-Site New Cell Build-MA0045 Date:03/24/20 Permit No.
Property Address:830 Wakeby Road,Barnstable, MA 02601
Project: Check(x) one or both as applicable: X New construction Existing Construction
Project description: Construction of a new wireless telecommunications facility including a 145'monopole
tower inside a 50'x50'chainlink fenced compound. A new 250' (appx.) gravel access drive constructed off of
Wakeby Road.Undergrond utilities routed along the new access road.Additionaly,3'xT and 8'x12'concrete
pads installed for telecommunications equipment inside the compound.
I Krupakaran Kolandaivelu MA Registration Number: 50019 Expiration date: 6/30/20,am a registered design
professional, and I have prepared or directly supervised the preparation of all design plans,computations and
specifications concerning:
X Entire Project Architectural Structural Mechanical
Fire Protection Electrical Other:Describe
for the above named project. I, or my designee, have performed the necessary professional services and was
present at the construction site on a regular and periodic basis.To the best of my knowledge,information,and
belief the work proceeded in accordance with the requirements of 780 CMR and the design documents approved
as part of the building permit and that I or my designee:
1. Have reviewed,for conformance to this code and the design concept,shop drawings,samples and other
submittals by the contractor in accordance with the requirements of the construction documents.
2. Have performed the duties for registered design professionals in 780 CMR Chapter 17,as applicable.
3. Have been present at intervals appropriate to the stage of construction to become generally familiar with
the progress and quality of the work and to determine if the work was performed in a manner consistent
with the construction documents and this code.
Nothing in this document relieves the contractor of its responsibility regarding the provisions of 780 CMR 107.
Enter in the space to the right a"wet" or to OF h s�
electronic signature and seal 1cr�Ur^ANL��f* ��,
.-
STRt� ��, 1
Phone number:267-460-0122 Email:kkolandaivelu@nbcllc.com
Building Official Use Only
Building Official Name: Permit No.: Date: BUILDING DE PT.
MAR 31 2020
TOWN OF BARNSTABLE
Version 01 01 2018
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Town of Barnstable Building
t Post This Card So That it is Visible From the Street-Approved Plans Must be Retained on Job and this Card Must be Kept
a�srweu�
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63 IPosted Until Final Inspection Has Been Made.
W i Permit
. ��
` here a Certificate of Occupancy is Required,such Building shall Not be Occupied until a Final Inspection has been made.
i
Permit No. B-18-3723 Applicant Name: Sean Mahoney Approvals
Date Issued: 12/10/2018 Current Use: Structure
Permit Type: Building-Addition/Alteration-Commercial Expiration Date: 06/10/2019 Foundation:
Location: 830 WAKEBY ROAD, MARSTONS MILLS _ _ Map/Lot: _013-003 - _ Zoning District: RF Sheathing:
Owner on Record: BAKER, ROBERT E ET AL Contractor Name: Framing: 1
Address: 20 COOK ROAD Contractor License: 2
SOUTHAMPTON, MA 01073 - Est. Project Cost: $80,000.00 Chimney:
Description: Collocation of wireless communication antennas, remote radio Permit Fee: $828.00
heads,associated cabling and wiring onto an existing cellular tower. Fee Paid: $828.00 Insulation:
Installation of radio equipment, batteries,and emergency Final:
generator to concrete pad at grade Date: /} 12/10/2018
Project Review Req: ; ��,/�y Plumbing/Gas
Rough Plumbing:
Building Official
-� Final Plumbing:
r
1 Rough Gas:
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I 1
Final Gas:
This permit shall be deemed abandoned and invalid unless the work authorized by this permit is commenced within six months after issuance.
All work authorized by this permit shall conform to the approved application and the'approved construction documents for which this permit has been granted. Electrical
All construction,alterations and changes of use of any building and structures shall be in compliance with the local zoning by-laws and codes.
This permit shall be displayed in a location clearly visible from access street or road and shall be maintained open for public inspection for the entire duration of the Service:
work until the completion of the same.
Rough:
The Certificate of Occupancy will not be issued until all applicable signatures by the Building and Fire Officials are provided on this permit.
Minimum of Five Call Inspections Required for All Construction Work: Final:
1.Foundation or Footing
2.Sheathing Inspection Low Voltage Rough:
3.All Fireplaces must be inspected at the throat level before firest flue lining is installed Low Voltage Final:
4.Wiring&Plumbing Inspections to be completed prior to Frame Inspection
5.Prior to Covering Structural Members(Frame Inspection) Health
6.Insulation
7.Final Inspection before Occupancy Final:
Where applicable,separate permits are required for Electrical,Plumbing,and Mechanical Installations. Fire Department
Work shall not proceed until the Inspector has approved the various stages of construction. Final:
"Persons contracting with unregistered contractors do not have access to the guaranty fund" (as set forth in MGL c.142A).
0 �,) L'-V t,
Town of Barnstable aREcEiPT
B'` ` 200 Main Street, Hyannis MA 02601 508-862-4038
s634.a��� -
`6"`°� Application for Building Permit
i
Application No: TB-18-3723 Date Recieved: 11/9/2018
Job Location: 830 WAKEBY ROAD,MARSTONS MILLS
Permit For: Building-Addition/Alteration-Commercial �.
Contractor's Name: State Lic. No:
Address: Applicant Phone: (603) 212-6241
(Home)Owner's Name: BAKER,ROBERT E ET AL Phone: (919)551-5041
(Home)Owner's Address: 20 COOK ROAD, SOUTHAMPTON, MA 01073
Work Description: Collocation of wireless communication antennas, remote radio heads,associated cabling and wiring onto an
existing cellular tower. Installation of radio equipment, batteries,and emergency generator to concrete pad
at grade
Total Value Of Work To Be Performed: $80,000.00
Structure Size: 0.00 0.00 0.00
Width Depth Total Area
I hereby swear and attest that I will require proof of workers'compensation insurance for every contractor,subcontractor,or other worker before
he/she engages in work on the above property in accordance with the Workers' Compensation Act(Chapter 568).
I understand that pursuant to 31-275 C.G.S.,officers of a corporation and partners in a partnership may elect to be excluded from coverage by
filing a waiver with the appropriate District Office;and that a sole proprietor of a business is not required to have coverage unless he files his intent to
accept coverage.
I hereby certify that I am the owner of the property which is the subject of this application or the authorized agent of the property owner and have
been authorized to make this application. I understand that when a permit is issued, it is a permit to proceed and grants no right to violate the
Massachusetts State Building Code or any other code,ordinance or statute,regardless of what might be shown or omitted on the submitted plans and
specifications. All information contained within is true and accurate to the best of my knowledge and belief.
All permits approved are subject to inspections performed by a representative of this office. Requests for inspections must be made at least 24
hours in advance.
Signed: Sean Mahoney 11/9/2018 (603)212-6241
Applicant Date Telephone No.
Estimated Construction Costs/Permit Fees
Total Project Cost : $80,000.00 Date Paid Amount Paid Check#or CC# Pay Type
Total Permit Fee: $828.00 11/27/2018 1 $828.00 64508 Check
...
_.......
.........
......
...
...__........................................._.................._....._....._........._.................................._......................................................._..........
--- _.._....__....
Total Permit Fee Paid: $828.00
- x1777.7
THIS}IS N0 ER' PIVIIT��t
r
Town of Barnstable .RECEIPT
It LL ' 200 Main Street, Hyannis MA 02601 508-862-4038
163
�DN10�p Application for Building Per - Y.
Application No: TB-18-3723 Date Recieved: 11/9/201 2ft
Job Location: 830 WAKEBY ROAD,MARSTONS MILLS 2 O- 3;
Permit For: Building-Addition/Alteration-Commercial
Contractor's Name: State Lic. No: ;
Address: Applicant Phone: (603) 212-6241
(Home)Owner's Name: BAKER, ROBERT E ET AL Phone: (919)551-5041
(Home)Owner's Address: 20 COOK ROAD, SOUTHAMPTON,MA 01073
Work Description: Collocation of wireless communication antennas, remote radio heads,associated cabling and wiring onto an
existing cellular tower. Installation of radio equipment, batteries,and emergency generator to concrete pad
at grade
Total Value Of Work To Be Performed: $80,000.00
Structure Size: 0.00 0.00 0.00
Width Depth Total Area
I hereby swear and attest that I will require proof of workers'compensation insurance for every contractor,subcontractor,or other worker before
he/she engages in work on the above property in accordance with the Workers' Compensation Act(Chapter 568).
I understand that pursuant to 31-275 C.G.S.,officers of a corporation and partners in a partnership may elect to be excluded from coverage by
filing a waiver with the appropriate District Office;and that a sole proprietor of a business is not required to have coverage unless he files his intent to
accept coverage.
I hereby certify that I am the owner of the property which is the subject of this application or the authorized agent of the property owner and have
been authorized to make this application. I understand that when a permit is issued,it is a permit to proceed and grants no right to violate the
Massachusetts State Building Code or any other code,ordinance or statute,regardless of what might be shown or omitted on the submitted plans and
specifications. All information contained within is true and accurate to the best of my knowledge and belief.
All permits approved are subject to inspections performed by a representative of this office. Requests for inspections must be made at least 24
hours in advance.
Signed: Scan Mahoney 11/9/2018 (603)212-6241
Applicant Date Telephone No.
Estimated Construction Costs/Permit Fees
Total Project Cost : $80,000.00 Date Paid Amount Paid Check#or CC# Pay Type
Total Permit Fee: $828.00
_.. _ _...................................._.............. ............................._
Total Permit Fee Paid: $0.00
THIS ISA01 1VIIT
p
Town of Barnstable
oFt r Building Department Services
gyp'' o Brian Florence, CBO
Building Commissioner BARNSTABLE
MUMSrnst.e.9 MAS& 200 Main Street, Hyannis, MA 02601
s639. 10 1e39:x014
prFD MAC A www.town.barnstable.ma.us
Office: 508-862-4038 Fax: 508-790-6230
December 27, 2017
Eco-Site
c/o Attorney Ricardo M. Sousa
Prince Lobel Tye LLP
One International Place, Suite 3700
Boston, MA 02110
RE: Site Plan Review#051-17 —Eco-Site New 145 ft. Monopole Telecom Tower
POST CCC DRI DECISION
830 Wakeby Road, Marstons Mills Map 013, Parcel 003
Proposal: Construction of a new 145-ft. monopole telecommunications tower; co-applicant,
T-Mobile Northeast LLC, is proposing to install 12 antennas and two 20" MW dish
antennas with appurtenant equipment and fencing at the base of the proposed
monopole. The proposed wireless facility will be located within a 50 ft x 50 ft
leased area that is accessed from Wakeby Road by a proposed 12 ft. wide gravel
access drive. The monopole will have capacity to co-locate an additional 3 antenna
arrays for other wireless telecommunications carriers.
Dear Attorney Sousa:
Please be advised that at the formal site plan review meeting held December 21, 2017, plans for
the above proposal were found to be approvable.by the Site Plan Review Committee subject to the
following:
• Approval is based upon, and must be substantially constructed in accordance with plans
entitled "Eco-Site—Site Name: Mockingbird Ln—Baker—Site #: MA-0045; T-Moble
Site # 4HY0600A" consisting of 8 Sheets including landscape screening, dated July 21,
2017 with final revision October 25, 2017 prepared by NB & C Engineering Services LLC,
Chelmsford MA for Eco-Site.
• The granting of a variance from the Zoning Board of Appeals is required to authorize the
height of the telecommunications tower. Contact Puckett, ZBA Administrative Assistant,
Planning & Development 508-862-4785 for application assistance.
• Prior to application to the Zoning Board of Appeals, both FAA and Mass DOT
Aeronautical Studies applications are required to be submitted. Letters of Final
Determination of No Hazard and determination as to the non-applicability of obstruction
lighting are required prior to the building permit stage.
• Conditions of CCC DRI Decision No. 17019 (attached), including but not limited to the
following:
o Prior to the issuance of a building permit and commencing project construction, the
Applicants shall obtain a Preliminary Certificate of Compliance from the
Commission.
o Prior to the use and operation of the project and issuance of a certificate of
use/occupancy/building permit sign-off, the Applicants shall obtain a Final
Certificate of Compliance from the Commission.
• Any backup generator for the equipment shall only be fueled by propane or natural gas.
Permit for fuel storage will need to be obtained from COMM FD.
• Per Fire Code, the construction of an outbuilding greater than 400 s.f. will require the
proposed 12 ft access to be widened to 20 ft.
• A COMM FD access lock box for the gate in the proposed fencing surrounding the tower is
requested.
Upon completion of all work, a registered engineer or land surveyor shall submit a certified "as
built" site plan and a letter of certification, made upon knowledge and belief in accordance with
professional standards that all work has been done in substantial compliance with the approved site
plan (Zoning Section 240-105 (G). This document shall be submitted prior to the issuance of the
final certificate of occupancy.
A copy of the approved site plan will be retained on file.
Sincerely,
Ellen M. Swiniarski
Site Plan Review Coordinator
Attachment: CCC DRI Decision# 17019
CC: Brian Florence, Building Commissioner, SPR Chairman
Anna Brigham, Principal Planner, Planning & Development
Amanda Ruggiero, Assistant Town Engineer- DPW
Martin MacNeeley—Fire Inspector—COMM FD
Bud Breault—Barnstable Municipal Airport Manager
Katie Servis—Barnstable Municipal Assistant Airport Manager
Town of Barnstable
Zoning Board of Appeals
Decision and Notices' '
Variance No. 2018-012 — Eco-Site, Inc. ,
Section 240-107 and Section 240-14 Bulk Regulations 30 feet height restriction
or, in the alternative, a Use Variance
To allow the construction of a 145 foot wireless communications monopole along with
supporting equipment and site improvements
Summary: Granted with Conditions
Petitioner: Eco-Site, Inc.
24 Leigh Farm Road, Suite 415, Durham, NC 27707
Property Address: 830 Wakeby Road, Marstons Mills, MA
Assessor's Map/Parcel: 013/003
Property Owner: Robert E. Baker et al
Zoning District: Residence F (RF), Groundwater Protection Overlay District
Hearing Date: February 14, 2018
Recording Information: 27207/5
Background
Eco-Site petitioned for a Variance pursuant to Article X Section 240-107 and Article III Section
240-14 E. Bulk Regulations in the RF Zoning District, maximum building height of 30 feet. In the
alternative, the petitioner is seeking a Use Variance. The petitioner proposed to construct a 145
foot tall wireless communications monopole, along with supporting equipment and site
improvements. The property is approximately 17.74 acres and is located at 830 Wakeby Road,
Marstons Mills, MA, as shown on Assessors Map 013 Parcel 003. It is located in the Residence F
(RF) Zoning District.
The property is located within a Residence F Zoning District and contains approximately 17.74
acres of vacant land in Marstons Mills, on the Sandwich Town line. T-Mobile is licensed to
construct and operate a wireless communication network in various markets around the world,
including the Town of Barnstable. One of the key design objectives of its system is to provide
seamless coverage. Such a system requires a grid of radio transmitting and receiving links
located approximately 0.5 to 2 miles apart.
Proposal & Hearing Summary
Variance Petition No. 2018-013 pursuant to Section 240-107 and Section 240-14 E. Bulk
Regulations in the RF Zoning District was filed at the Town Clerk's office and office of the Zoning
Board of Appeals on January 22, 2018. A public hearing before the Zoning Board of Appeals was
duly advertised and notice sent to all abutters and interested parties in accordance with MGL
Chapter 40A. The hearing was opened on February 14, 2018 at which time the Board found to
grant the Variance subject to conditions. Board members deciding this petition were Alex
Rodolakis, Herbert Bodensiek, David Hirsch, and Jacob Dewey.
The hearing was opened February 14, 2018 with Attorney Dan Glissman of Prince Lobel Tye LLP,
representing the Petitioner. Attorney Glissman reviewed the project to construct a 145 foot high
monopole to be located within a 50 foot by 50 foot leased area at 830 Wakeby Road in Marstons
Mills. He stated the total project area consists of approximately 1.04 acres of the 17.74 acre site,
set back approximately 285 feet from Wakeby Road. This will be a T-Mobile facility consisting of
twelve (12) wireless communications panel antennas and two (2) square dish antennas at a
centerline height of 140 feet, together with equipment cabinets on a concrete pad. The compound
will be surrounded by an 8 feet high chain link fence and a 15 foot wide landscape easement. The
i
Town of Barnstable Growth Management Department Decision
Variance 2018-012—Eco-Site Inc Telecommunications Tower
facility will be accessed by a 12-foot wide gravel access drive on Wakeby Road, contained within a
40 foot utility easement. Pursuant to FCC mandate, enhanced emergency (E911) service is
required to meet nationwide standards for wireless telecommunications systems. To comply with
this federal standard, T-Mobile will install one (1) E911 Global Positioning System antenna.
After installation, the T-Mobile Facility will be unmanned and will require only biweekly visits by a
single vehicle for routine maintenance. Finally, the Monopole and the T-Mobile Facility will comply
with all applicable local, state and federal safety codes, including FCC regulations related to radio
frequency emissions. Attorney Glissman concluded his presentation by reviewing the
Telecommunications Act and stated that because Eco-Site Inc. has demonstrated both a
significant gap in coverage and that the Telecommunications Facility is the only feasible plan to fill
that gap, the Board must grant the requested zoning relief:
The Board Chair requested public comment. No testimony was given.
The Board asked about the possibility of restricting further development on the lot and Attorney
Glissman explained the petitioner has a 20-year lease and does not own the property.
Findings of Fact
At the hearing on February 14, 2018, the Board voted and made the following findings of fact in
Variance No. 2018-012, a request to construct a 145 foot telecommunications tower:
1. Owing to circumstances related to soil conditions, shape, or topography of such land or
structures and especially affecting such land or structures but not affecting generally the
zoning district in which it is located. The Board learned that the Telecommunication Act
requires that "The regulation of the placement, construction, and modification of personal
wireless service facilities by any State or local government or instrumentality thereof...shall not
prohibit or have the effect of prohibiting the provision of personal wireless services". Federal
Law preempts local bylaws.
2. A literal enforcement of the provisions of the zoning ordinance would involve substantial
hardship, financial or otherwise to the petitioner. The Board found the petitioner has
demonstrated a gap in coverage and requires a 145 foot tower.
3. Desirable relief may be granted without substantial detriment to the public good and without
nullifying or substantially derogating from the intent or purpose of the zoning ordinance. The
cell service is needed for public benefit.
The Board voted to accept the findings as follows:
AYE: Alex Rodolakis, Herbert Bodensiek, David Hirsch and Jacob Dewey.
NAY: None
Decision
1. Variance No. 2018-012 is granted to Eco-Site, Inc., to construct a 145 foot high wireless
communication tower with supporting equipment and site improvements. The property is
located at 830 Wakeby Road, Marstons Mills, MA. Relief is granted from the 30 foot height
requirement in the Residence F Zoning District.
2. The improvements shall be in substantial conformance with plans entitled "Eco-Site, 240 Leigh
Farm Road, Suite 415, Durham NC 27707 Site Name: Mockingbird Ln-Baker Site #: MA-0045,
T-Mobile Site#AHY0600K Sheets T-1, C4, C-2, C-3, CA C-5, C-6 and C-7.
i
3. The Petitioner is required to attain all required permits, approvals, and licenses for the
proposed new use including those required by the Cape Cod Commission DRI Decision.
Page 2 of 3 2
i
Town of Barnstable Growth Management Department Decision
Variance 2018-012—Eco-Site Inc Telecommunications Tower
4. All landscaping and landscape screening shall be maintained on the site.
5. The facility shall be in compliance with all conditions of the Cape Cod Commission
Development of Regional Impact Decision dated November 9, 2017 including, but not limited
to:
a. The tower shall provide for co-location for at least 5 carriers. Communication devices
are restricted to antenna-type only and shall not include any dish or drum type devices
exceeding 48-inches in diameter and located no higher than 100 feet on the towner.
The Applicant shall be responsible for notifying the Building [Department] and the
Zoning Board [of Appeals office] of each and every carrier located on the Tower prior to
installation of any antennas.
6. Site Plan Review conditions of approval are hereby incorporated into this Decision.
7. The decision shall be recorded at the Barnstable County Registry of Deeds and copies of the
recorded decision shall be submitted to the Zoning Board of Appeals Office and the Building
Division prior to issuance building permit. The rights authorized by this special permit must be
exercised within two years, unless extended.
AYE: Alex Rodolakis, Herbert Bodensiek, David Hirsch and Jacob Dewey.
NAY: None
Ordered
Variance No. 2018-012 to allow the Petitioner to construct a 145 foot telecommunications tower at
830 Wakeby Road, Marstons Mills, is granted with conditions. This decision must be recorded at
the Barnstable Registry of Deeds for it to be in effect and notice of that recording submitted to the
Zoning Board of Appeals Office. The relief authorized by this decision must be exercised within
one year unless extended. Appeals of this decision, if any, shall be made pursuant to MGL
Chapter 40A, Section 17, within twenty days after the date of the filing of this decision, a copy of
which must be filed in the office of the Barnstable Town Clerk.
Alex Rodolakis, Chair Date Signed
I, Ann Quirk, Clerk of the Town of Barnstable, Barnstable County, Massachusetts, hereby certify
that twenty (20) days have elapsed since the Zoning Board of Appeals filed this decision and that
no appeal of the decision has been filed in the office of the Town Clerk.
Signed and sealed this day of under the pains and penalties of
perjury.
Ann Quirk, Town Clerk
Page 3 of 3 3
3225 MAIN STREET P.O. BOX 226
BARNSTABLE, MASSACHUSETTS 02630 C(i
CAPE COD
(508) 362-3828 a Fax(508) 362-3136 o www.capecodcommission.org COMMISSION
DEVELOPMENT OF REGIONAL IMPACT DECISION
Project: Wakeby Road Wireless Communications Facility(CCC File No. 17019)
Property 01A ner: Barbara M. LaFlam
Project Applicants: Eco-Site LLC and T-Mobile Northeast LLC
c/o Attorney Ricardo Sousa
Prince Lobel Tye LLP
One International Place, Suite 3700
Boston,MA 02110
Project Site/Location:o Wakeby Road, Barnstable(Marstons Mills), MA 02601
Title Reference: Deed Book 2�207 Page 5
Assessors ID: Map 13 Parcel 003
Date: November 9, 2017
SUMMARY
The Applicants, Eco-Site LLC(Eco-Site) and T-Mobile Northeast LLC(T-Mobile),propose to
construct a 145400t monopole-style wireless communications tower and associated
improvements for personal wireless service on an undeveloped 17.74f acre property.
The Cape Cod Commission (Commission)hereby approves with conditions the Project as a
Development of Regional Impact(DRI)pursuant to Sections 12 and 13 of the Cape Cod
Commission Act(Act). This decision is rendered pursuant to a vote of the Cape Cod
Commission on November 9, 2017.
FINDINGS
The Cape Cod Commission finds as follows:
GENERAL FINDINGS
r
GF1.This Project is a mandatory Development of Regional Impact(DRI)pursuant to Section
3(i)(i) of the Commission's Enabling Regulations, revised November 2014,as the "Construction
of any Wireless Communication Tower exceeding 35 feet in overall height,including
appurtenances,from the natural grade of the site on which it is located,....".
GF2.Section 7(c)(viii)of the Commission's Enabling Regulations Governing Review of
Developments of Regional Impact(Enabling Regulations)contains the standards for DRI
approval,which include consistency with the Cape Cod Commission Act, Cape Cod Regional
Policy Plan(RPP), District of Critical Planning Concern(DCPC)implementing regulations(as
applicable),municipal development bylaws or ordinances,and applicable Local Comprehensive
Plans. The Commission must also find that the probable benefit from the proposed
development is greater than the probable detriment.
GF3.The Project was reviewed subject to relevant issue areas of the 2009 RPP,amended August
2012,and corresponding standards applicable and material to the Project,and the
Commission's Technical Bulletin 97-001, "Guidelines for DRI Review of Wireless
Communication Towers".
GF4.The DRI application was received on July 31,2017. The mandatory DRI referral was
received by the Commission from the Town of Barnstable on August 4, 2017. The Applicants
submitted additional materials in August and September 2017. The DRI application was
determined to be complete,sufficient to proceed to substantive public hearings,which were held
by a DRI subcommittee on September 27, 2017 and October 26, 2017,during which time the
Applicants submitted additional materials for review. Commission staff prepared a report on
the Project,dated September 22, 2017,for the subcommittee hearings. At the October 26, 2017
hearing,the subcommittee voted to recommend approval of the Project to the full Commission
and directed staff to prepare a draft DRI decision for the Commission's consideration. The
October 26, 2017 hearing was continued to November 9, 2017 for the full Commission's review
and consideration of the Project and of the draft DRI decision.
GFS.T-Mobile is licensed by the Federal Communications Commission(FCC)to construct and
operate a wireless telecommunications network in various markets throughout the country,
including the Commonwealth of Massachusetts and the Town of Barnstable.
I
GF6.Under its license from the FCC,T-Mobile is obligated to provide reliable wireless
communications service to the population of the Town of Barnstable.
GF7. Without the proposed facility,T-Mobile cannot provide reliable service to the Town of
j Barnstable pursuant to the Telecommunications Act of 1996 and its license issued by the FCC.
GF8. Designing and constructing a telecommunication system that provides seamless coverage
requires a grid of radio transmitting and receiving links located up to two(2)miles apart,which,
based on network and site topography features, operate on a line-of-sight basis, requiring a clear
path from the facility to the user on the ground; antennas are located where the signal is not
obstructed or degraded by buildings or geographical features.
DRI Decision—Wireless Communications Tower—o Wakeby Road,Barnstable(CCC File No 17019)
Page 2 of 16
i
GF9.A significant gap in wireless telecommunications coverage was identified by T-Mobile,who
employed a Site Acquisition Specialist to identify potential parcels for construction of a wireless
telecommunications tower. Criteria for site selection included: existing structures of sufficient
height where an antenna installation could provide adequate coverage; a parcel within the
search area where a tower of sufficient height could be constructed; a location that will provide
adequate coverage to the gap in T-Mobile's network; a willing landowner with whom
commercially reasonable lease terms can be negotiated..
GFio.T-Mobile was unable to identify a suitable existing location to co-locate its proposed
wireless facility. A Site Analysis performed by T-Mobile found no existing structures in the area
with the height necessary to provide adequate wireless coverage,as the geographic area defined
by T-Mobile where a significant service gap exists consists of mostly single-family homes,fresh
water ponds, conservation lands,and other undeveloped lots.
Mi.The Applicants maintain that the Project Site is the most suitable one for the Project in
light of potential alternative sites due to the willingness and authority of the Property owner to
enter into a lease agreement with the Applicants,the Property's significant existing vegetation,
and the location of the Property to provide adequate coverage within the identified service area
gap. The proposed wireless telecommunications facility will providexeliable coverage to the
targeted sections of the Town of Barnstable and immediately surrounding area.
GF12. Potential alternative sites identified for construction of the Project were rejected due to
lack of property owner interest in entering into a lease agreement with the Applicants at the
time of property research,site constraints,or the properties were determined to be too far from
the needed coverage area.
GF13.The Project includes the installation of a 145400t multi-user monopole-style wireless
communications tower and associated improvements for personal wireless service use in a
50'x50'leased compound on the Property. The proposed wireless tower will include twelve(12)
wireless communications panel antennas and two(2)square dish antennas at a centerline
height of 140 feet,and a GPS antenna providing Enhanced Emergency Service(Egli).
Associated appurtenances include equipment cabinets on concrete pads,and Remote Radio
Heads("RRH")with accessory junction boxes and surge suppressors to be mounted alongside
the antennas. The antennas will be connected via cabling inside the monopole and through a
proposed ice bridge to the ground based equipment. A gravel access driveway to the tower
facility, stormwater management,underground utilities, 8-foot high chain link fence,
landscaping, and vegetated buffer zone are also proposed(collectively,the Project).
GF14.The Project Site is approximately 45,500 SF(1.04 acres) of a larger-17.74-acre Property.
The Project Site consists of a 50'x50'fenced equipment compound,a 15-foot wide landscaped
easement around the compound,a 12400t wide gravel access drive within a 40400t wide utility
easement,the stormwater management system,and 35400t vegetated buffer zone around the
limit of disturbance.
GF15. The Applicants have provided appropriate and sufficient documentation and analyses to
evidence need and demand for the Project, and have provided documentation consistent with
the Commission's Wireless Technical Bulletin. The Project is proposed to be implemented and
constructed in accordance with the following application materials, information, and documents
submitted during the DRI review process:
See ExhibitA attached hereto and incorporated herein
DRI Decision—Wireless Communications Tower—o Wakeby Road,Barnstable(CCC File No 17019).
Page 3 of 16
GF16.The Project has been designed to accommodate three(3)wireless telecommunications
carriers in addition to the co-applicant T-Mobile, and will provide personal wireless service to a
portion of Barnstable, Mashpee,and Sandwich.
GF17.Applicant Eco-Site has provided a copy of a lease with the Property owner over that
portion of the Property constituting the Project Site. The term of the lease is 10 years,.with four
(4)renewal options of an additional five(5)years each,for a total of up to 30 years.
GF18.Applicant Eco-Site has agreed to the Abandonment requirements of the Wireless
Technical Bulletin,which outlines the removal of a personal wireless service facility when the
operation of that facility has been discontinued.
GF19.The Project is consistent with the Barnstable Local Comprehensive Plan by minimizing
development in a Low Density Residential area, supporting upgrades to telecommunications
infrastructure,providing well maintained public facilities to serve future communication needs
of the community that are equitably distributed With minimal environmental and community
character impacts, and the Marstons Mills Village Plan Heritage Preservation Strategy of
retaining natural vegetation within development sites as a visual buffer along roads.
GF20.The only DCPC applicable to the Project is the Cape-wide Fertilizer Management DCPC.
Barnstable adopted a fertilizer(nutrient)management ordinance as implementing regulations.
pursuant to this DCPC(Chapter 78 of the General Ordinances of the Code of the Town of
Barnstable, "Fertilizer Nitrogen and Phosphorous Control'). The Applicants do not propose to
manage turf with fertilizer applications,and thus the implementing regulations do not apply to
the Project.
GF21.The following local reviews, actions,permits,licenses and approvals are required for the
Project:
A. Site Plan Review;
B. Zoning Board of Appeals Dimensional Variance for the height of the tower;
C. Building permit.
GF22.The Project is consistent with municipal development ordinances,provided the
Applicants obtain all necessary local permits,licenses, and approvals. The Zoning Ordinance of
the Town of Barnstable(Chapter 240),Article X(Personal Wireless Communication) allows for
the installation and construction of personal wireless facilities and associated equipment in all
zoning districts,subject to Site Plan Review and issuance of a building permit. The maximum
building height in the RF district is 30 feet;therefore,the Applicants will need a Dimensional
Variance for the height of the tower from the Barnstable Zoning Board of Appeals. As noted by
the Applicants, in Nextel Communications of the Mid-Atlantic,Inc.v.Town of Wayland, 231
F.Supp. 2d 396, 406-407(D.Mass. 2002),the"need for closing a significant gap in coverage,in
order to avoid an effective prohibition of wireless services,constitutes another unique
circumstance when a zoning variance is required." T-Mobile will.require variances as it cannot
close a significant gap in coverage without installing the proposed facility in an area that limits
structures to a height of 30 feet.
GF23.The Property is located within the town Resource Protection Overlay District,the purpose
of which is to protect surface water and groundwater quality,and reduce development potential
in an area where additional residential development could face a shortfall in public facilities.
The Project use is not a prohibited use within this District.
DRI Decision—Wireless Communications Tower—o Wakeby Road,Barnstable(CCC File No 17019)
Page 4 of 16
GF24.The Commission received comments from the Town's Planning and Development
Department Director,Elizabeth Jenkins,on behalf of the Town at the subcommittee hearing on
September 27, 2017,indicating Project consistency with town development ordinances and the
Town's Local Comprehensive Plan.
GF25.The probable benefits of the Project include:
A. The Project will limit the development potential of a 17.74-acre wooded residential
lot in a Resource Protection Area.
B. The Project will provide additional vegetated buffering to screen ground-level
equipment and maximizes the vegetated buffer of existing vegetation.
C. The Project will provide additional and enhanced personal wireless service to
portions of Barnstable,Mashpee and Sandwich.
The probable detriments of the Project include:
A. The Project requires removal of some natural site vegetation.
REGIONAL POLICY PLAN FINDINGS
The following are Findings related to the Project's consistency with RPP issue areas that are
applicable,relevant and material to,and within the scope of,the Project:
Land Use
LUF1.The RPP Land Use goals aim to minimize adverse impacts of development on the land by
using land efficiently,protecting sensitive resources,and directing growth to appropriate areas.
LUF2.The Property is in a residential district, 17.74 acres, undeveloped, and wooded,and is
located within a Resource Protection Area on the town adopted Land Use Vision Map(LUVM).
The area of disturbance for the Project will be 13,500 square feet(0.3 acres).
LUF3.A letter provided by the property owner states that future development of this parcel is
contingent on the proposed wireless tower being located at this site. Should the tower be
located on this Property it would effectively limit development on a 17+acre wooded residential
lot in a Resource Protection Area for the life of the tower;which could be 10-30 years.
LUF4. RPP Minimum Performance Standard(MPS)LU2.2(Co-location of Telecommunication
Facilities) requires that the Applicants demonstrate the design of the facility can accommodate
two (2)or more co-locators. The facility provides spots for a total of four(4) co-locators;
wireless carrier T-Mobile is a co-applicant. The Applicants have contacted additional carriers
serving Cape Cod to offer an opportunity to co-locate on this tower, and have provided the
Commission with letters committing to allow for future co-location.
LUFS. MPS LU2.2 directs applicants to the Commission's Technical Bulletin 97-001,
"Guidelines for DRI Review of Wireless Communication Towers"for guidance on locating and
design of wireless towers. The Commission has retained a wireless technical consultant,
DRI Decision—Wireless Communications Tower—o Wakeby Road,Barnstable(CCC File No 17019)
Page 5 of 16
Isotrope, LLC,who reviewed the Project relative to,among other things, consistency with this
Technical Bulletin. Isotrope submitted reports to the Commission titled:
Initial Comments on DRIApplication for Wakeby Road Cell Tower, dated September 26,
2017
Response Memo to T-Mobile Supplemental Submission on the Wakeby Road Tower
Application by Eco-Site,dated October 24, 2017
The wireless consultant concluded that the Project would fill a significant gap in T-Mobile's
wireless coverage,and the Project design would maximize co-location potential.
LUF6.The Project is consistent with guidance contained in Technical Bulletin 97-001, including
limitations on-operational noise and emissions levels,and minimum`Fall Zone"distance.
LUFT The Project will provide access to emergency responders through enhanced emergency
service(Egli)by installing one (1)E911 Global Positioning System(GPS)antenna.
Economic Development
EDFI.The aim of Economic Development Goal 4(Infrastructure Capacity)is to provide
adequate infrastructure that meets community and regional needs,expands community access
to service, and improves the reliability and quality of services. This tower will provide improved
personal wireless service to portions of Barnstable, Mashpee, and Sandwich.
EDF2.The Applicants have provided coverage analysis to evidence need and demand for the
Project.
Water Resources
WRFi.The Project Site is in the Popponesset Bay watershed,which is a nitrogen impaired
watershed and has an U.S. Environmental Protection Agency(EPA)approved nitrogen Total
Maximum Daily Load(TMDL).
WRF2.The nitrogen load of the Project will be approximately o.1-ppm(parts per million),which
meets the 5-ppm Nitrogen Loading Standard under General Aquifer Protection(Goal WRl)and
Wellhead Protection Areas(Goal WR2 — Drinking Water Quality and Quantity),the i-ppm .
Nitrogen Loading Standard for Potential Public Water Supply Areas(Goal WR2),and the TMDL
nitrogen loading standard for nitrogen-impaired Marine Water Recharge Areas(Goal WR3).
WRF3.The Project Site is within a Zone II Wellhead Protection Area. Due to the type of use,the
Commission does not anticipate quantities of any hazardous materials to exceed normal
"household quantities." The Applicant has agreed to limit the use of backup generator fuel to
propane or natural gas,which poses little to no risk of harm to related drinking water resources.
WRF4.The Project Site is within a Freshwater Recharge Area for Santuit Pond. Given that the
Site is located over 2,000 feet away from Santuit Pond,no significant impacts to the pond are
anticipated(Goal WR4—Freshwater Ponds and Lakes).
DRI Decision—Wireless Communications Tower—o Wakeby Road,Barnstable(CCC File No 17019)
Page 6 of 16
WRFS.The Project Site is within a Potential Public Water Supply Area(PPWSA);however, it is
unlikely that a drinking water supply well would be located on or near this Site.
WRF6.There are no existing stormwater management features on-site. The proposed
stormwater system includes a grassed conveyance swale with a riprap apron at the lowest
depression point,where water will infiltrate, and will provide treatment for the first inch of
runoff from the gravel compound and access road,and has been designed to accommodate at
least the 25-year, 24-hour storm. Though there is not anticipated to be a significant amount of
stormwater generated by the Project,the Project includes stormwater management consistent
with Goal WR7(stormwater Quality)and associated MPSs.
WRF7. The Stormwater Pollution Prevention Plan(SWPPP) and site plans contain proper
design and details regarding erosion and sediment control plans during construction. The
included Stormwater Maintenance Procedures also address requirements for inspection,
monitoring, operation and maintenance of the stormwater system.
WRF8.The Project does not include any managed(i.e.fertilized)turf.
Natural Resources
NRFi.The Applicants provided a Natural Resources Inventory(NRI)consistent with the
requirements of Wildlife and Plant Habitat MPS WPH1.1(Natural Resources Inventory). The
NRI states the Property contains upland woodland vegetation typical of Cape Cod,and does not
identify any specimen trees or unusual plant or wildlife habitat or individuals.
NRF2.The Property is not mapped for state listed rare species habitat per the 14th edition of the
Massachusetts Natural Heritage Atlas(effective August 1, 2017),but the Applicants have
provided a letter from the MA Natural Heritage and Endangered.Species Program(NHESP)
indicating that no impacts to state-listed species are anticipated. The Applicants have also
provided correspondence from the U.S. Fish and Wildlife Service indicating that impacts to the
federally listed Long-Eared Bat are not anticipated.
NRF3.There are no wetlands mapped on the site,and the closest mapped vernal pool is
approximately 1,000 feet from the Project Site.
NRF4.The Project Site is located within a Significant Natural Resources Area(SNRA)due to
mapped PPWSA.
NRFS.The RPP Open Space standards require that an applicant permanently restrict open
space as mitigation for areas of new disturbance proposed by a project. DRIs located in SNRA
are required to provide permanently protected open space in an amount equivalent to twice the
total development footprint of a project. As the area of disturbance for this Project is 13,500 SF
(0.3 acres),the amount of protected open space would be 27,000 SF(0.6 acres). Locating the
Project farther back on the Project Site allows for better visual buffering (though this requires
more disturbance than if the tower were located closer to Wakeby Road).
NRF6. Eco-Site will enter into a Buffer Zone Agreement with the Property owner to preserve a
designated area of existing mature trees and vegetation totaling approximately 32,000 SF(0.73
acres)immediately adjacent to the Project limit of disturbance which will effectively provide
protected open space for the life of the Project(potentially up to 30 years or longer). Some
DRI Decision—Wireless Communications Tower—o Wakeby Road,Barnstable(CCC File No 1.7019)
Page 7 of 16
revegetation of these disturbed areas would likely be required if and when the Project is
"abandoned"and decommissioned.
NRF7.The location of the Project on the Property effectively limits the development potential of
the Property during the life of the Project.
NRF8. The Project design and Buffer Zone Agreement are consistent with the Open Space
requirements of the RPP,therefore,permanently protected,conservation restricted open space
is not required for the Project.
Transportation
TFi.Access to the tower will require a new curb cut on Wakeby Road at the location of the
access driveway.
TF2. Cape Cod Commission staff estimates that the sight distance available for the access
driveway will be more than 400 feet for both directions of travel,which exceeds the minimum of
200 feet required for a road with a 3o-mph operating speed(Wakeby Road is classified as
"Thickly Settled"with an advisory speed of 30 mph) (MPS TR1.8—Sight-distance
Requirements).
TF3.As the Project will not generate traffic other than trips relating to construction and
bimonthly maintenance visits, no sustained, regional transportation impacts are anticipated
from this Project.
Heritage Preservation
HPF1.The Project is located outside of town historic districts,and is approximately one(1) mile
from the closest inventoried historic structure or site. The Applicants filed a Project Notification
Form with the Massachusetts Historical Commission(MHC)and prepared an archaeological
assessment for the area where disturbance is proposed. The Project Site was not found to be
archaeologically sensitive, and the Applicants received a determination from MHC that the
Project is unlikely to affect significant historical or archeological resources.
Community Character
CCF1.The RPP Community Character standards aim to minimize regionally significant,visual
impacts from wireless communications towers.
CCF2.A visibility analysis for the proposed Project shows that the tower will be visible year-
round along Wakeby Road adjacent to the Property, and northeast of the Property along a
portion of Mockingbird Lane south of Doves Lane. The tower will be visible seasonally to the
west of the Property on Gallagher Lane,along a portion of Meiggs Backus Road,and northeast
along Doves Lane around Cardinal Lane. These areas are all outside of historic resource areas.
and distinctive scenic landscapes. Photosimulations provided by the Applicants show that the
visual impact on the surrounding area will be minimal.
CCF3.The facility is not visible from tested,locations at and around Long Pond,Santuit Pond,
and the Ryder Conservation Land.
DRI Decision—Wireless Communications Tower—o Wakeby Road,Barnstable(CCC File No 17019)
Page 8 of 16
CCF4.The proposed tower will be set back 286 feet from Wakeby Road.
-CCF5. Existing vegetation on the Property,along with proposed landscaping around the
equipment compound, will screen both the tower and the chain link fence surrounding the
equipment compound.
CCF6. Eco-Site has proposed a Buffer Zone Agreement with the Property owner to protect
32,000 SF(0.73 acres)of existing mature trees and vegetation around the Project Site. The
proposed buffer zone of existing vegetation is adequate to provide screening for the tower,and
as such,is consistent with RPP performance standards relating to Community Character.
CONCLUSION
Based on the Findings above,the Commission hereby concludes,determines,and finds further
that:
i. Subject to and upon satisfaction of the conditions identified in this decision,the Project
is consistent with the Act and the 20og Regional Policy Plan(as amended).
2. The Project is consistent with Barnstable's Local Comprehensive Plan.
3. The Project is consistent with municipal development ordinances,subject to the
Applicants obtaining all required local approvals,licenses,and permits for the Project.
4. There are no DCPC Implementing Regulations applicable to the Project.
5. The probable project benefit is greater than the probable project detriment.
The Commission hereby grants DRI approval for the construction of a wireless communications
facility to be located at o Wakeby Road, Barnstable, MA described herein,subject to the
following conditions:
CONDITIONS
C1.When final,this decision shall be valid and in effect for a period of seven(7)years, and local
development permits maybe issued pursuant hereto for a period of seven(7)years from the
date of this written decision. This decision shall be final when the appeal period set out in
Section 17 of the Cape Cod Commission Act has elapsed without appeal(or if such an appeal has
been filed,when the appeal has been finally settled,dismissed,adjudicated,or otherwise
disposed of in favor of the Applicants),and a copy of this decision has been recorded with the
Barnstable Registry of Deeds,and registered with the Barnstable Land Court, as applicable. The
Applicants shall bear the costs of recording or registering this decision.
C2.This decision shall be appurtenant to and run with the Project Site on the subject Property.
The decision shall bind and be enforceable against, and inure to the benefit of,the Applicants,
its successors, and assigns.
C3. The Project shall be undertaken,constructed,operated,and maintained in accordance with
the Findings and Conditions set out herein,including the plans and documents referenced
below:
Site Plan Set titled"Eco-Site,Site Name:Mockingbird Ln Baker,Site#:MA-0045",
prepared by NB+C Engineering Services,dated July 27,2017
DRI Decision—Wireless Communications Tower—o Wakeby Road,Barnstable(CCC File No 17019)
Page 9 of 16
Sheet T-i: Title Sheet
Sheet C-1: Overall Site Plan
Sheet C-2:Site Plan
Sheet C-3:Elevation
Sheet C-4:Erosion&Sedimentation Control Plan&Notes
Sheet C-5:Erosion&Sedimentation Control Details
Sheet C-6:Details
Stormwater Pollution Prevention Plan,prepared by NB+C Engineering Services,dated
October 11,2o16,revised July 27,2017
Buffer Zone Agreement between Eco-Site and Barbara M.LaFlam and Robert E.Baker,
with ExhibitA: Overall Site Plan,Sheet C. 1,prepared by NB+CEngineering Services,
dated July 27,2017
Noise Report:Letter to Eco-Site from NB+CEngineering Services re:Proposed Generator
Letter for Eco-Site:MA-oo45 Mockingbird Ln Baker(o Wakeby Road),dated October 25,
2017
Tree Planting Detail,Sheet C-8,prepared by NB+C Engineering Services,dated July 27,
2o17, revised October 25,2017
Emissions Report:Letter from Donald L.Haes,Jr.,Ph.D.,CHP re:Installation of radio
base station antennas and associated equipmentfor the proposed personal wireless
services facility to be located on a proposed monopole at o Wakeby Road,Barnstable,MA,
dated October 11,2017
When and as any plans and documents required to be submitted as Conditions of this decision
are reviewed and approved by Commission staff,such plans and documents shall be deemed
incorporated into the approved Project plans and documents referenced herein,and the Project
shall similarly be undertaken,constructed,operated,and maintained in accordance with the
same. Failure to comply,and remain in compliance,with all findings and conditions stated
herein maybe deemed cause to revoke-or require modification to this decision. This decision
does not permit any other work or development at the Project Site or Property, including tree
and vegetation clearing and removal,except as authorized herein.
C4.Prior to commencement of Project construction,the Applicants shall:
a. submit final project plans as approved by state,federal,and municipal authorities
for review by Commission staff who will determine their consistency with this decision.
If Commission staff determines that the final plans are not substantially consistent with
the approved Project plans and documents referenced in Condition C3,the Commission
requires that the Applicants seek a modification to this decision for further review and
approval of the Project changes in accordance with the "Modification"section of the
Commission's Enabling Regulations in effect at the time the modification is sought;
DRI Decision-Wireless Communications Tower-o Wakeby Road,Barnstable(CCC File No i7oig)
Page io of 16
b. provide evidence to the Commission that a copy of this decision has been
provided to and received by the general contractor for the Project. Copies of this decision
and approved Project plans and documents referenced herein shall be maintained on-
site during Project construction.
C5. Prior to and as a condition to issuance of a Building Permit by the Town and commencing
Project construction,the Applicants shall obtain a Preliminary Certificate of Compliance from
'the Commission that evidences that all conditions in this decision required to have been
satisfied prior to the issuance of a Preliminary Certificate of Compliance have been satisfied,and
that the Project is in compliance with this decision.
C6. Prior to and as a condition to use and operation of the Project and issuance of a Certificate
of Use/Occupancy/Building Permit sign-off for the Project by the Town,the Applicants shall
obtain a Final Certificate of Compliance from the Commission that evidences that all conditions
in this decision required to have been satisfied prior to issuance of a Final Certificate of
Compliance have been satisfied and that the Project is in compliance with this decision.
C7. Prior to the issuance of a Preliminary Certificate of Compliance,the Applicants shall have
obtained all necessary federal,state, and municipal permits,licenses,and approvals (except for
a local Building Permit)for the Project,and provide copies of the same to the Commission.
C7(a).The Project's consistency with municipal development by-laws, regulations or
ordinances shall be evidenced and confirmed by the Applicants obtaining all said
necessary municipal permits, licenses and approvals.
C8. Commission staff will undertake a review of the Project's compliance with this decision,
including the applicable conditions hereof, upon the Applicant's request to the Commission for
issuance of any Certificate of Compliance. At the time the Applicants request such a Certificate,
it shall provide Commission staff a list of key project contact(s), along with their telephone
numbers, mailing addresses, and email addresses,in the event questions arise during the
Commission's compliance review.As part of its compliance review, Commission staff may make,
and the Applicants hereby authorize,site inspections upon reasonable notice to the Applicants,
as such visits are needed. Upon review,the Commission shall either prepare and issue the
requested Certificate,or inform the Applicants in writing of any compliance deficiencies and the
remedial action required for the issuance of the requested Certificate.
C9.The Applicant shall consummate the Buffer Zone Agreement referenced in Condition C3
herein. Prior to and as a condition to issuance of a Preliminary Certificate of Compliance by the
Commission,the Applicant shall provide Commission staff a copy of the executed Buffer Zone
Agreement.
Cro. Prior to and as a condition to issuance of a Final Certificate of Compliance by the
Commission,the Applicants shall install one (1) E9ii Global Positioning System(GPS)antenna.
DRI Decision—Wireless Communicati6ns Tower—o Wakeby Road,Barnstable(CCC File No 17019)
Page ii of 16
Cii.The Applicant Eco-Site shall donate space on the wireless communications tower for
telecommunications-related equipment of the town of Barnstable,should the town desire to
arrange with the Applicant to place and maintain equipment on the tower.
Cie.Any backup generator for the Project shall only be fueled by propane or natural gas. If
there are to be multiple backup generators used as part of the Project,routine generator testing
shall only be performed,as necessary, on separate weekdays. Prior to and as a condition to
issuance of a Final Certificate of Compliance by the Commission,the Applicants shall establish
and provide to Commission staff a written protocol where each additional co-locator carrier will
only perform routine generator testing on separate weekdays.
C13.Notification shall be provided to the Commission and town at such time that the personal
wireless service facility owner plans to abandon the facility. Upon abandonment of the facility,
the facility owner should physically remove the personal wireless service facility within go days
from the date of abandonment. "Physically remove"includes,but is not limited to: removal of
antennas,mount,equipment shelters and security barriers from the subject property; proper
disposal of the waste materials from the site in accordance with local and state solid waste
disposal regulations; restoring the location of the personal wireless service facility to its natural
condition,except that any landscaping and grading should remain after removal of the personal
wireless service facility. If the facility owner fails to remove a personal wireless service facility,
the town shall have the authority to enter the subject property and physically remove the facility.
SEE NEXT PAGE FOR SIGNATURES
DRI Decision—Wireless Communications Tower—o Wakeby Road,Barnstable(CCC File No 17019)
Page 12 of x6
i
i
SIGNATURES
Executed this day of ��✓ 2017.
g ature
�60a:� L� A-t-Ac4a CC—
Print Name and Title
COMMONWEALTH OF MASSACHUSETTS
Barnstable,ss JI/D V 2w h Zi2 , 2017
Before me,the undersigned notary public,personally appeared
` &P,o 1 d 10.,/ 140-4,ell , in his/her capacity as �'�l rkv�lt ti
of the Cape Cod Commission,whose name is signed on the preceding document, and
such person acknowledged to me that he/she signed such document voluntarily for its
stated purpose. The identity of such person was proved to me through satisfactory
evidence of identification,which was [ ] photographic identification with signature
issued by a f7personal
ral or state governmental agency, [ ] oath or affirmation of a credible
witness, or [ knowledge of the undersigned.
'GAOL P. HANLEY
Notary Public
TM.W MASSACIIUSEM
{>tldtl es �.
�2pt8.
Notary Public
My Commission Expires: "
DRI Decision—Wireless Communications Tower—o Wakeby Road,Barnstable(CCC File No 17019)
Page 13 of 16
Exhibit A
General Finding GF15
Application and Review Materials
Application for Development of Regional Impact Review Approval and Dimensional
Variance for a Wireless Communication Facility, prepared by Prince Lobel Tye LLP,
dated July 28, 2017
Barnstable Board of Zoning Appeals Application,dated March 8, 2017, and
Supporting Statement prepared by Prince Lobel Tye, dated July 28, 2017
Cape Cod Commission DRI Application, dated July 28, 2017, and Supporting
Statement prepared by Prince Lobel Tye, dated July 28, 2018
Town of Barnstable Certified Abutters List, dated March 30, 2017
Site Plan Set titled"Eco-Site, Site Name: Mockingbird Ln_Baker, Site #: MA-0045",
prepared by NB+C Engineering Services, dated July 27, 2017
Sheet T.-1: Title Sheet
Sheet-C-1: Overall Site Plan
Sheet C-2: Site Plan
Sheet C-3: Elevation
Sheet C-4: Erosion &Sedimentation Control Plan&Notes
Sheet C-5: Erosion&Sedimentation Control Details
Sheet C-6:Details
Photographic Simulation Package and Viewshed Map, prepared by Virtual Site
Simulations, LLC
Affidavit of Site Acquisition Specialist, prepared by Keenan Brinn of Network
Building + Consulting, dated July 28, 2017
Existing Tower Inventory .
RF Affidavit Statement of Need,prepared by Ryan Monte de Ramos
.Existing and Proposed 2100 MHz Radio Frequency Coverage Maps
Continuous Wave.Report (CW Drive Test), prepared by T-Mobile
PCS Broadband Licenses (4) -T-Mobile
FAA Tower Construction Notification
DRI Decision—Wireless Communications Tower-o Wakeby Road,Barnstable(CCC File No 17019)
Page 34 of 16
Letter to the Commission from Eco-Site re: Written Commitment to Allow for
Future Co-Location for the Proposed Telecommunications Facility Located at o
Wakeby Road, Barnstable, MA 02601, dated April 7, 2017
Letters to Verizon Wireless, Sprint New England, and AT&T Mobility New England
from Eco-Site re: Opportunity to lease space on a proposed telecommunications
tower to be constructed at o Wakeby Road, Barnstable, MA 02601, dated April 7,
2017
Letter to the Commission from Attorney Donald W.Abel,Jr., re: Eco-Site/T-Mobile
DRI Application, dated July 14, 2017
Buffer Zone Agreement between Eco-Site and Barbara M. LaFlam and Robert E.
Baker, with Exhibit A: Overall Site Plan, Sheet C-1, prepared by NB+C Engineering
Services, dated July 27, 2017
Lease Agreement between Eco-Site and Barbara M. LaFlam, dated January 19, 2017
Nitrogen Loading Calculations,prepared by NB+C Engineering Services, dated
October 28, 2016
Noise Report: Letter to Eco-Site from NB+C Engineering Services re: Proposed
Generator Letter for Eco-Site: MA-0045 Mockingbird Ln_Baker (o Wakeby Road),
dated October 19, 2016
Stormwater Pollution Prevention Plan, prepared by NB+C Engineering Services,
dated October 11, 2016, revised July 27, 2017
Letter to Eco-Site from MA Division of Fisheries and Wildlife re: NHESP File No.
16-36038, dated October 14, 2016
Natural Resources Checklist and Exemption Review, prepared by CBRE and Letter
from U.S. Fish and Wildlife Service re: List of threatened and endangered species
that may occur in your proposed project location, and/or may be affected by your
proposed project, dated August 2, 2o16
Letter to MA Historical Commission from CBRE re: Proposed Telecommunications
Facility, dated October 11, 2016
Letter to the Commission from NB+C Engineering Services re: Eco-Site
Mockingbird Ln_Baker, dated July 27, 2017
MA Historical Commission determination, dated July 13, 2017
Natural Resources Inventory(Plant and Wildlife Habitat Assessment), prepared by
CBRE;dated June 16, 2017
DRI Decision—Wireless Communications Tower-o Wakeby Road,Barnstable(CCC File No 17019)
Page 15 of 16
FAA Frequency Notification, dated October 11, 2017
Emissions Report: Letter from Donald L. Haes,Jr., Ph.D., CHP re: Installation of radio
base station antennas and associated equipment for the proposed personal Wireless
services facility to be located on a proposed monopole at o Wakeby Road, Barnstable,
MA, dated October 11, 2017
Additional Continuous Wave Report(CW Drive Test),prepared by T-Mobile, received
October 19, 2017
Existing and Proposed 700 MHz Radio Frequency Coverage Maps
Noise Report: Letter to Eco-Site from NB+C Engineering Services re: Proposed
Generator Letter for Eco-Site: MA-o045 Mockingbird Ln—Baker(o Wakeby Road),
dated October 25, 2017
Additional Continuous Wave Report(CW Drive Test), prepared by T-Mobile, received
October 26, 2017
Tree Planting Detail, Sheet C-8, prepared by NB+C Engineering Services, dated July 27,
2017, revised October 25, 2017
DRI Decision—Wireless Communications Tower-o Wakeby Road,Barnstable(CCC File No 17019)
Page 16 of 16
Mckechnie, Robert
From: Mckechnie, Robert
Sent: Thursday, February 6, 2020 9:44 AM
To: 'LDriscoll@c-t-s-inc.com'
Subject: Additional Information, Building Permit B-18-3723.
Good Morning,
I have reviewed our file and noticed that the electrical permit required for this installation has not be either applied for
or inspected by our electrical inspectors. Please contact sally.shea@town.barnstable.ma.us for guidance on this
issue. The electrical must be permitted and inspected before any final building inspection is performed.
Thank you,
Robert McKechnie
Locallnspector
Building Department
Town of Barnstable
200 Main Street
Hyannis, MA 02601
508-862-4033
1
Mckechnie, Robert
From: Mckechnie, Robert
Sent: Thursday, February 6, 2020 9:16 AM
To: 'LDriscoll@c-t-s-inc.com'
Subject: Building Permit B-18z7�, 830 Wakeby road, Marstons Mills
�7a3
Good Morning,
The following items are required in order to close out your permit:
1.) The Final Construction Control Document from the engineer that controlled this project.
2.) The Final Certificate of Compliance from the Cape Cod Commission as outlined in their decision.
3.) Upon receipt of the above number 1 and 2, a final building inspection must be requested and performed by this
office. This will have to be performed with a representative from your office on site.
I am the person you should forward the items to and will be the inspector to arrange the final inspection with.
Thank you,
Robert McKechnie
Locallnspector
Building Department
Town of Barnstable
200 Main Street
Hyannis, MA 02601
508-862-4033
1
i
f
Initial Construction Control Document
To be submitted with the building permit application by a
Registered Design Professional
for work per the 9`h edition of the
Massachusetts State Building Code, 780 CMR, Section 107 ����— �72 3
Project Title: Marstons Mills 2 MA Date: December 07,2018
Property Address: Wakeby Road, Marstons Mills, MA 02684
Project: Check(x)one or both as applicable: X New Construction Existing Construction
Project description: Verizon Wireless Telecommunications facility installation on existing monopole. Install new
antenna and associated radio equipment on existing monopole.Install new equipment,generator and propane tank
on ground inside existing fenced compound.
I Derek J. Creaser, MA Registration Number: 49195 Expiration date: 6/30/20,am a registered design professional, and I
have prepared or directly supervised the preparation of all design plans,computations and specifications concerning':
Architectural Structural Mechanical
Fire Protection Electrical X Other: Entire Project
for the above named project and that to the best of my knowledge, information, and belief such plans, computations and
specifications meet the applicable provisions of the Massachusetts State Building Code,(780 CMR), and accepted
engineering practices for the proposed project. I.understand and agree that I (or my designee) shall perform the necessary
professional services and be present on the construction site on a regular and periodic basis to:
1. Review, for conformance to this code and the design concept, shop drawings,samples and other submittals by the
contractor in accordance with the requirements of the construction documents.
2. Perform the duties for registered design professionals in 780 CMR Chapter 17, as applicable.
3. Be present at intervals appropriate to the stage of construction to become generally familiar with the progress and
quality of the work and to determine if the work is being performed in a manner consistent with the approved
construction documents and this code.
Nothing in this document relieves the contractor of its responsibility regarding the provisions of 780 CMR 107.
When required by the building official, I shall submit field/progress reports(see item 3.)together with pertinent
comments, in a form acceptable to the building official.
Upon completion of the work, I shall submit to the building official a `.Final Construction Control Document'.
Enter in the space to the right a"wet"or OF
electronic signature and seal: DEREK J. �yG
C"ER
CIVIL
No.40185
Phone number: (978)557-5553
Hudson Design Group, LLC0�'
45 Beechwood Drive
North Andover,MA 01845 Email: info@hudsondesigngrouplic.com
Building Official Use Only
Building Official Name: Permit No.: Date:
Note I. Indicate with an Y project design plans,computations and specifications that you prepared or directly supervised.If`other'is chosen,
provide a description.
Version 01 01 2018
��in 2l Goys p�rtcc���ujyctkapQA
,t'o la. t zL
Town of Barnstable Building
Post This Card So That it is Visible From the Street Approved Plans Must be Retained on Job and this Card Must be Kept
`�B )Posted Until Final Inspection Has Been Made.
° .Where a Ce i Permit Fa rtificate of Occupancy is Required,suchhBBuildinglshall Not bbe Occupied until a Final Inspection has been made
Permit No. B-18-1121 Applicant Name: David Hoogasian Approvals
Date Issued: 05 29/2018 Current Use: Structure
Permit Type: Building-New Construction-Commercial Expiration Date: 11/29/2018 Foundation:
Location: 830 WAKEBY ROAD,MARSTONS MILLS - Map/Lot: 013-003 Zoning District: RF Sheathing:
Owner on Record: BAKER,ROBERT E ET AL Contractor Name CHARLES R WING,JR Framing: 1
Address: 20 COOK ROAD Contractor License: CS=070740 2
SOUTHAMPTON, MA 01073 Est.. Project Cost: $ 134,500.00 Chimney:
Description: Construct unmanned wireless telecommunications facility to ' Permit Fee: $ 1,373.95
include the proposed 145' monopole tower,access road, Insulation:
utilities/telco lines,50'x 50'fenced compound and related carrier '
Fee Paid:` $1,373.95
antennas and equipment as further described and depicted,in the -' Date: / 5/29/2018 Final:
enclosed construction drawings.
Plumbing/Gas
Project Review Req: F tip"' Rough Plumbing:
- ` Building Official Final Plumbing:
This permit shall be deemed abandoned and invalid unless the work authorized by this permit is commenced within six months after issuance. Rough Gas:
All work authorized by this permit shall conform to the approved application and the approved construction documents for which this permit has been granted.
All construction,alterations and changes of use of any building and structures shall be in compliance with the local zoning by-laws and codes. Final Gas:
P f g Y {
This permit shall be displayed in a location clearly visible from access street or road and shall be maintained open for public inspection for the entire duration of the
work until the completion of the same. - ---�- — - I`' Electrical
i
The Certificate of Occupancy will not be issued until all applicable signatures by the Building and Fire Officials are provided on this permit. Service:
Minimum of Five Call Inspections Required for All Construction Work:, Rough:
1.Foundation or Footing
2.Sheathing Inspection Final:
3.All Fireplaces must be inspected at the throat level before firest flue lining is installed
4.Wiring&Plumbing Inspections to be completed prior to Frame Inspection Low Voltage Rough:
5.Prior to Covering Structural Members(Frame Inspection)
6.Insulation Low Voltage Final:
7.Final Inspection before Occupancy
Health
Where applicable,separate permits are required for Electrical,Plumbing,and Mechanical Installations.
Work shall not proceed until the Inspector has approved the various stages of construction. Final:
"Persons contracting with unregistered contractors do not have access to the guaranty fund" (as set forth in MGL c.142A). Fire Department
Building plans are to be available on site Final:
oiv ems,,,E
All Permit Cards are the property of the APPLICANT-ISSUED RECIPIENT
F�►+n�— s E.�r
Lauzon, Jeffrey
From: Lauzon,Jeffrey
Sent: Tuesday, May 15, 2018 7:58 AM
To: 'David Hoogasian'
Cc: Lauzon,Jeffrey
Subject: RE:ViewPermit, Permit No:TB-18-1121
David,
This is an online application.A digitally signed affidavit should be attached to the online application. (Please note the
copy included does not have the correct address and must be changed to reflect the correct address.)Alternatively,
submit the original wet stamp, signed affidavit to this office and we will attach it to the application.Thank you.
Jeffrey Lauzon
Chief Local Inspector
(508) 862-4034
ieffrey.lauzon@town.barnstable.ma.us
From: David Hoogasian [mailto:dhoogasiananbcllc.com]
Sent: Monday, May 14, 2018 3:05 PM
To: Lauzon, Jeffrey
Subject: RE: ViewPermit, Permit No: TB-18-1121
Jeffrey,
Attached is the initial CCA. Do you need the original mailed to you?
Also—I'm sending a check for the outstanding balance of$50 today.
Thank you,
David Hoogasian
Project Manager
NETWORK BUILDING + CONSULTING
100 Apollo Drive I Suite 303 1 Chelmsford, MA 01824
M 508.344.3343 1 networkbuilding.com
:x
TOTALITY COMMITTED
From: Lauzon,Jeffrey [ma ilto:Jeffrey.Lauzon@town.barnstable.ma.us]
Sent:Tuesday, May 08, 2018 2:45 PM
To: David Hoogasian <dhoogasian@nbcllc.com>
Subject: RE:ViewPermit, Permit No:TB-18-1121
David,
The completed State form will be fine.
1
From: David Hoogasian [mailto:dhoogasianCa)nbcllc.com]
Sent: Tuesday, May 08, 2018 1:39 PM
To: Lauzon, Jeffrey
Subject: RE: ViewPermit, Permit No: TB-18-1121
Will do.
Do you have a specialized form for Barnstable or is the one from Mass.gov acceptable? (attached). I didn't see one on
your website.
I will also get a check mailed down for the fee.
Thank you,
David Hoogasian
Project Manager
NETWORK BUILDING + CONSULTING
100 Apollo Drive I Suite 303 1 Chelmsford, MA 01824
M 508.344.3343 1 networkbuilding.com
N�+
TOTALLY +CQMMITTEEL
From: Lauzon,Jeffrey [mailto:Jeffrey.Lauzon@town.barnstable.ma.us]
Sent:Tuesday, May 08, 201812:51 PM
To: David Hoogasian <dhoopasian@nbcllc.com>
Cc: Lauzon,Jeffrey<Jeffrey.Lauzon@town.barnstable.ma.us>
Subject:ViewPermit, Permit No:TB-18-1121
Applicant,
Please be advised the following is missing from the above application submission:
1) Construction control affidavit.
Failure to submit the above will result in denial of the application.Thank you.
Jeffrey Lauzon
Chief Local Inspector
(508) 862-4034
jeffrey.lauzono)town.barnstable.ma.us
2
i
Bowers, Edwin
From: Shea, Sally
Sent: Thursday, May 17, 2018 2:12 PM
To: Lauzon,Jeffrey; Mckechnie, Robert; Bowers, Edwin
Subject: FW:ViewPermit, Permit No:TB-18-1121
Ok Thank you.
Sally Shea �^
�c
Town of Barnstable
Assistant Zoning Admin/Lead Permit Tech.
508-862-4031
From: David Hoogasian [mailto:dhoogasian@nbcllc.com]
Sent: Wednesday, May 16, 2018 5:00 PM
To: Shea, Sally
Subject: RE: ViewPermit, Permit No: TB-18-1121
I also just uploaded a copy of the PRELIMINARY CERTIFICATE OF COMPLIANCE that we received from the Cape Cod
Commission today.
Thank you,
David Hoogasian
Project Manager
NETWORK BUILDING + CONSULTING
100 Apollo Drive I Suite 303 1 Chelmsford, MA 101824
M 508.344.3343 1 networkbuilding.com
N %INC:
TOTALLY COMMITTEDL
From: David Hoogasian
Sent:Wednesday, May 16, 201810:37 AM
To: 'Shea, Sally'<Sally.Shea@town.barnstable.ma.us>
Subject: RE:ViewPermit, Permit No:TB-18-1121
Ok sounds good. I attached a copy of our recorded zoning approval in the original online application.
Thank you,
David Hoogasian
Project Manager
NETWORK BUILDING + CONSULTING
1
Lauzon, Jeffrey
From: spam box
Sent: Monday, May 14, 2018 5:34 PM
To: Lauzon,Jeffrey .
Subject: FW: Hyannis Fire Station Penetration Firestopping Letter
Attachments: HFR Penetration Firestopping.l jpeg; HFR Penetration Firestopping.2 jpeg; HFR
Penetration Firestopping.3 jpeg; HFR Penetration Firestopping.4 jpeg
Importance: High
I
i
From: Marcilio Silva [mailto:msilva(a)ctaconstruction.com]
Sent: Thursday, May 3, 2018 4:16 PM
To: Lauzon, Jeffrey
Cc: Andrew Kantorski
Subject: [QUARANTINED] Hyannis Fire Station Penetration Firestopping Letter
Importance: High
Jeffrey,
Attached is the letter from Todd M. Costa on the firestopping.
Thank You
MS
Marcilio Silva
Superintendent
T 781.786.6631 F 781.786,6681 C 774.930.7940
400 Totten Pond Rd, 2"d Floor I Waltham, MA 02451
Oonstruction
CIA M.AnAgers:
An ENR Top 100 Green Contractor I Member, USGBC
www.ctaconstruction.com
Follow on Linkedln, Facebook&Twitter
1
Lauzon, Jeffrey
From: Lauzon,Jeffrey
Sent: Tuesday, May 08, 2018 12:51 PM
To: 'dhoogasian@nbcllc.com'
Cc: Lauzon,Jeffrey
Subject: ViewPermit, Permit No:TB-18-1121
Applicant,
Please be advised the following is missing from the above application submission:
1) Construction control affidavit.
Failure to submit the above will result in denial of the application.Thank you.
Jeffrey Lauzon
Chief Local Inspector
(508) 862-4034
jeffrey.lauzon town.barnstable.ma.us
1
Mckechnie, Robert
From: Mckechnie, Robert
Sent: Thursday, February 6, 2020 9:39 AM
To: 'dhoogasian@nbcllc.com'
Subject: Building Permit B-18-1121, 830 Wakeby Road, Marstons Mills
Good Morning,
It has been brought to my attention that you have not completed this building permit. I was contacted by the company
that installed antennas, etc., on the tower and property for their final inspection to complete their permit. However,the
following items are required from you in order to proceed to close their permit:
1.) The Final Construction Control document from the engineer that controlled this project.
2.) The Final Certificate of Compliance from the Cape Cod Commission as outlined in their decision.
3.) After 1 and 2 are received, the final building inspection can be scheduled with this office and performed.
In addition to the Building Department requirements, an additional electric permit may be required and have to be
inspected. Please contact Sally Shea in this office for guidance. Her contact information is:
sally.shea@town.barnstable.ma.us .
Thank you,
Robert McKechnie
Locallnspector
Building Department
Town of Barnstable
200 Main Street
Hyannis, MA 02601
508-862-4033
1
3225 MAIN STREET P.O. BOX 226
BARNSTABLE, MASSACHUSETTS 02630
CAPE COD
(508) 362-3828 • Fax (508) 362=3136 www.caoecodcommission.org COMMISSION
PRELIMINARY CERTIFICATE OF COMPLIANCE j
DATE: MAY 15, 2o18
PROJECT APPLICANTS: ECO-SITE LLC AND T-MOBILE NORTHEAST LLC =� w
C/O ATTORNEY RICARDO SOUSA , m
PRINCE LOBEL TYE LLP
ONE INTERNATIONAL PLACE, SUITE 3700
BOSTON, MA 02110
PROPERTY OWNER: BARBARA M. LAFLAM
PROJECT: WAKEBY ROAD WIRELESS COMMUNICATIONS FACILITY
(CCC NO. 17019)
PROJECT SITE/ 830 WAKEBY ROAD, BARNSTABLE, MA 026o1
LOCATION: (FORMERLY o WAKEBY ROAD, BARNSTABLE,MA 02601)
TITLE INFORMATION: DEED BOOK 27207 PAGE 5
ASSESSOR'S ID: MAP 13 PARCEL 003
The Cape Cod Commission(Commission)hereby issues this Preliminary Certificate of
Compliance authorizing the Applicants to commence work on, and local building permits to
issue for,the construction of a 145400t wireless communications tower and associated facilities
as approved in and in accordance with the Development of Regional Impact(DRI) Decision for
the Project dated November 9, 2017. The Commission certifies and acknowledges that the
Applicant has satisfied and complied with the terms and conditions of the DRI Decision
sufficient for issuance of this Certificate.
This Certificate incorporates the following into the Approved Project Plans to substitute for or
supplement those plans and other documents originally approved under and referenced in the
Decision:
830 Wakeby Road(formerly o Wakeby Road),Barnstable,MA 026oi
Preliminary Certificate of Compliance
May 2o18
Page 1
• Civil Plan set entitled"Eco-Site MA-0045, T-Mobile Site Number: 4HY6600A,"
prepared by NB+C Engineering Services, LLC., dated April 13, 2o18 i
o Sheet Ti, Cover Sheet
o Sheet GN1, General Notes
o Sheet GN2, General Notes
o Sheet Ci, Overall Site Plan
o Sheet C2, Site Plan
o Sheet C3, Carrier Equipment Details
o Sheet C4, Fence Gate and Compound Details
t o Sheet C5, Grading'&Erosion Control Plan
o Sheet C6, Grading&Erosion Control Details
o Sheet C7,Access Road Details
o Sheet C8, Site Signage Details
o Sheet C9,Antenna and Tower Elevation Details
o Sheet Cio,Antenna Plan&Schedule
o Sheet Cil,Antenna Details&Specifications
o Sheet C12,Antenna.Plan Details
o Sheet C13,Antenna&Cabling Schematic
o Sheet Ei, Electrical&Utility Plan
o Sheet E2, Partial Electrical&Utility Plan
o Sheet E3, Electrical Panel Schedule
o .Sheet E4, Compound Grounding Plan
o Sheet E5, Electrical Diagram&Details
o Sheet E6, Grounding Diagram&Details
This Certificate authorizes minor design changes to the Project depicted in the above referenced
plan set,which were made subsequent to issuance of the DRI Decision but during and pursuant
to the Barnstable Zoning Board of Appeals'local review of the Project. Namely,the Barnstable
Zoning Board of Appeals prohibited dish or drum type devices exceeding 48-inches in diameter
any higher than loo feet on the wireless communications monopole.
Prior to and as,a condition to permanent use, operation and occupancy of the Project, and .
issuance of building permit sign-offs or local Certificates of Use and Occupancy for the same, the
Applicant shall satisfy all terms and conditions of the DRI Decision sufficient to obtain, and
obtain, a Final Certificate for the Project from the Commission.
Signature page follows
830 Wakeby Road(formerly o Wakeby Road), Barnstable,MA 026oi
Preliminary Certificate of Compliance
May 2oi8
Page 2
SIGNATURE
Executed this 1gth day of May 2o18.
Jona Idman, Chief egu atory Officer
COMMONWEALTH OF MASSACHUSETTS
Barnstable, ss May 15, 2018
Before me,the undersigned notary public, personally appeared Jonathon Idman,in his capacity
as Chief Regulatory Officer of the Cape Cod Commission,whose name is signed on the preceding
document, and such person acknowledged to me that he signed such document voluntarily for
its stated purpose. The identity of such person was proved to me through satisfactory evidence
of identification,which was [ ] photographic identification with signature isWpersonal
by a federal or
state governmental agency, [ ] oath or affirmation of a credible witness, or [
knowledge of the undersigned.
GAIL P. HANLEY
Notary Public /JC
COMMONWEALTFI.OF MASSA`mes JI Q
My Commission Expires
September 98,PIS: Notary Public
SEAL My Commission Expires:
83o Wakeby Road(formerly o Wakeby Road), Barnstable,MA 026oi I
Preliminary Certificate of Compliance
May 2018
Page 3
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License and/or Permit Term Bond Bond No.9279676
KNOW ALL MEN BY THESE PRESENTS:
That we,
Eco-Site,LLC
as Principal,and Fidelity and Deposit Company of Maryland incorporated under the laws of the State of
Maryland ,with principal office in 600 Red Brook Blvd,Suite 600,Owings Mills,MD 2111.7
as Surety,are held and firmly bound unto Town of Barnstable,MA,367 Main Street,Hyannis,MA 02601
as Obligee,in the penal sum of Two Thousand One Hundred Eighty and 00/100($2,180.00) Dollars,
lawful money of the United States,for which payment,well and truly to be made,we bind ourselves,our heirs,executors,
administrators,successors and'assigns,jointly and severally,firmly,by these presents.
WHEREAS,the above bounden Principal has obtained or is about to obtain from the said Obligee a license or permit
for Driveway-Tax Map 13,Lot 003 Barnstable,MA;Site.ID No.MA-0045
and the term of said license or permit begins the 6th day of April 2018 and ends the
5th day of April 2019
WHEREAS,the Principal is required by law to file with
Town of Barnstable,MA,367 Main Street,Hyannis,MA 02601
a bond for the above indicated term and conditioned as hereinafter set forth.
NOW,THEREFORE,THE CONDITION OF THIS OBLIGATION IS SUCH,That if the above bounden Principal
as such licensee or permittee shall indemnify said Obligee against all loss,costs,expenses or damage to it caused by said
Principal's non-compliance with or breach of any laws,statutes,ordinances,rules or regulations pertaining to such license
or permit issued to the Principal,which said breach or non-compliance shall occur during the term of this bond,then this
obligation shall be void,otherwise to remain in full force and effect.
PROVIDED,that if this bond is for a fixed term,it may be continued by Certificate executed by the Surety hereon;and
PROVIDED FURTHER,that regardless of the number of years this bond shall continue or be continued in force and of
the number of premiums that shall be payable or paid the Surety shall not be liable hereunder for a larger amount, in the
aggregate,than the amount of this bond,and
PROVIDED FURTHER,that if this is a continuous bond and the Surety shall so elect,this bond maybe cancelled by
the Surety as to subsequent liability by giving thirty(30)days notice in writing to said Obligee.
Signed,sealed and dated the 6th day of April 2018
Eco-Sit ,L
rincipal
By
Fidelity and Deposit Company of Maryland
i LteAnne K.Michaud Attorney-M-Fact
LPM90006ZZ0801f
Bond Number 9279676
Obligee: Town of Barnstable. MA
ZURICH AMERICAN INSURANCE COMPANY
COLONIAL AMERICAN CASUALTY AND SURETY COMPANY
FIDELITY AND DEPOSIT COMPANY OF MARYLAND
POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS:That the ZURICH AMERICAN INSURANCE COMPANY,a corporation of the State of New
York,the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY,a corporation of the State of Maryland,and the FIDELITY
AND DEPOSIT COMPANY OF MARYLAND a corporation of the State of Maryland(herein collectively called the "Companies"), by
Michael P.Bond,Vice President,in pursuance of authority granted by Article V,Section 8,of the By-Laws of said Companies,which are
set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date hereof,do hereby nominate,constitute,
and appoint LeeAnne K.Michaud its true and lawful agent and Anomey-in-Fact, to
make,execute, seal and deliver,for,and on its behalf as surety,and as its act and deed: any and all bonds and undertakings,and the
execution of such bonds or undertakings in pursuance of these presents,shall be as binding upon said Companies,as fully and amply,to all
intents and purposes,as if they had been duly executed and acknowledged by the regularly elected officers of the ZURICH AMERICAN
INSURANCE COMPANY at its office in New York, New York., the regularly elected officers of the COLONIAL AMERICAN
CASUALTY AND SURETY COMPANY at its office in Owings Mills,Maryland.,and the regularly elected officers of the FIDELITY AND
DEPOSIT COMPANY OF MARYLAND at its office in Owings Mills, Maryland.,in their own proper persons.
The said Vice President does hereby certify that the extract set forth on the reverse side hereof is a true copy of Article V,Section 8,of
the By-Laws of said Companies,and is now in force.
IN WITNESS WHEREOF,the said Vice-President has hereunto subscribed his/her names and affixed the Corporate Seals of the said
ZURICH AMERICAN INSURANCE COMPANY, COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and
FIDELITY AND DEPOSIT COMPANY OF MARYLAND,this 22nd day of July,A.D.2015.
ATTEST:
ZURICH AMERICAN INSURANCE COMPANY
COLONIAL AMERICAN CASUALTY AND SURETY COMPANY
FIDELITY AND DEPOSIT COMPANY OF MARYLAND
a 86AL
By: Michael P.Bond `='3 tt�e ONO
Vice President ''0 * ruK
' 'wpyOtlp+�i
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abn.
By: Eric D.Barnes
Secretary
State of Maryland
County of Baltimore
On this 22nd day of July, A.D.2015, before the subscriber,a Notary Public of the State of Maryland,duly commissioned and qualified,Michael P.
Bond,Vice President and Eric D.Barnes,Secretary of the Companies,to me personally known to be the individuals and officers described in and who
executed the preceding instrument,and acknowledged the execution of same,and being by me duly swom,deposeth and saith,that he/she is the said officer of
the Company aforesaid,and that the seals affixed to the preceding instrument are the Corporate Seals of said Companies,and that the said Corporate Seals and
the signature as such officer were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporations.
IN TESTIMONY WHEREOF,I have hereunto set my hand and affixed my Official Seal the day and year first above written.
ru�L.'�S
Constance A.Dunn,Notary Public �,,,k;;,•— 'dS�.`
My Conunission Expires:July 9,2019 to its
'
EXTRACT FROM BY-LAWS OF THE COMPANIES
"Article V,Section 8,Attorneys-in-Fact. The Chief Executive Officer,the President,or any Executive Vice President or Vice President
may, by written instrument under the attested corporate seal, appoint attorneys-in-fact with authority to execute bonds, policies,
recognizances, stipulations,undertakings,or other like instruments on behalf of the Company,and may authorize any officer or any such
attomey-in-fact to affix the corporate seal thereto;and may with or without cause modify of revoke any such appointment or authority at any
time."
CERTIFICATE
1, the undersigned, Vice President of.the ZURICH AMERICAN INSURANCE COMPANY, the COLONIAL AMERICAN
CASUALTY AND SURETY COMPANY,and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND,do he certify that the
foregoing Power of Attorney is still in full force and effect on the date of this certificate;and I do further certify that Article V,Section 8,of
the By-Laws of the Companies is still in force.
This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of
Directors of the ZURICH AMERICAN INSURANCE COMPANY at a meeting duly called and held on the 15th day of December 1998.
RESOLVED: "That the signature of the President or a Vice President and the attesting signature of a Secretary or an Assistant Secretary
and the Seal of the Company may be affixed by facsimile on any Power of Attorney...Any such Power or any certificate thereof bearing such
facsimile signature and seal shall be valid and binding on the Company."
This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of
Directors of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at a meeting duly called and held on the 5th day of
May, 1994,and the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a
meeting duly called and held on the 10th day of May,1990.
RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically reproduced signature
of any Vice-President,Secretary,or Assistant Secretary of the Company,whether made heretofore or hereafter,wherever appearing upon a
certified copy of any power of attorney issued by the Company,shall be valid and binding upon the Company with the same force and effect
as though manually affixed.
IN TESTIMONY WHEREOF,I have hereunto subscribed my name and affixed the corporate seals of the said Companies,
this 6th day of April 2018
Jp otraf�� INS p+_,,",�,tstt0 u�+t1y
811AL
O.
low
Gerald F.Haley,Vice President
TO REPORT A CLAIM WITH REGARD TO A SURETY BOND,PLEASE SUBMIT ALL REQUIRED
INFORMATION TO:
Zurich American Insurance Co.
Attn: Surety Claims
1299 Zurich Way
Schaumburg,IL 60196-1056
L
Town of Barnstable
oF,ME Building Department Services
Brian Florence,CBO
HARNSTABLE Z Building Commissioner BARNSTABLE
MAW, 200 Main Street, Hyannis, MA 02601 l-UMMI ;'it
s61q. �0 Y 109-1914
i01Fn Nw�°i www.town.bsrnstable.ma.us
Office: 508-862-4038 Fax: 508-790-6230
December 27, 2017
Eco-Site L`
c/o Attorney Ricardo M. Sousa
Prince Lobel Tye LLP
One International Place, Suite 3700
Boston, MA 02110
RE: Site Plan Review#051-17 —Eco-Site New 145 ft. Monopole Telecom Tower
POST CCC DRI DECISION
..830 Wakeby Road;MaTStons_Mills Map 013,Parcel 003
Proposal: Construction of a new 145-ft. monopole telecommunications tower;co-applicant, -
T-Mobile Northeast LLC, is proposing to install 12 antennas and two 20"MW dish
antennas with appurtenant equipment and fencing at the base of the proposed
monopole. The proposed wireless facility will be located within a 50 ft x 50 ft
leased area that is accessed from Wakeby Road by a proposed 12 ft. wide gravel
access drive, The monopole will have capacity to co-locate an additional 3 antenna _
arrays for other wireless telecommunications carriers.
Dear Attorney Sousa:
Please be advised that at the formal site plan review meeting held December 21,2017,plans for
the above proposal were found to be approvable by the Site Plan Review Committee subject to the
following
i
'J.
• Approval is based upon, and must be substantially constructed in accordance with plans
entitled"Eco-Site—Site Name: Mockingbird Ln—Baker—Site#: MA-0045; T-Moble
Site#4HY0600A"consisting of 8 Sheets including landscape screening, dated July 21,
2017 with final revision October 25,2017 prepared by NB &C Engineering Services LLC,
Chelmsford MA for Eco-Site.
• The granting of a variance from theZoning Board of Appeals is required to authorize the
height of the telecommunications tower. Contact Puckett, ZBA Administrative Assistant,
Planning& Development 508-8624785 for application assistance.
• Prior to application to the Zoning Board of Appeals,both FAA and Mass DOT
Aeronautical Studies applications are required,to be submitted. Letters of Final t
Determination of No Hazard and determination as to the non-applicability of obstruction
lighting are required prior to the building permit stage.
• Conditions of CCC DRI Decision No. 17019 (attached), including but not limited to the
following:
o Prior to the issuance of a building permit and commencing project construction, the
Applicants shall obtain:a Preliminary Certificate of Compliance from the
Commission.
o Prior to the use and operation of the project and issuance of a certificate of
use/occupancy/building permit sign-off,the Applicants shall obtain a Final
Certificate of Compliance from the Commission.
• Any backup generator for the equipment shall only be fueled by propane or natural gas.
Permit for fuel storage will need to be obtained from COMM FD.
e Per Fire Code, the construction of an outbuilding greater than 400 st will require the
proposed 12 ft access to be widened to 20 ft.
• A COMM FD access lock box for the gate in the proposed fencing surrounding the tower is
requested.
Upon completion of all work,a registered engineer or land surveyor shall submit a certified"as
built' site plan and a letter of certification, made upon knowledge.and belief in accordance with
professional.standards that all work has been done in substantial compliance with the approved site
plan (Zoning Section 240-105 (0). This document shall be submitted prior to.the issuance of the
final certificate of occupancy.
A copy of the approved site plan will be retained on file.
Sincerely,
Ellen M. Swiniarski
Site Plan Review Coordinator
Attachment: CCC DRI Decision# 17019
CC: Brian Florence, Building Commissioner, SPR Chairman
Anna Brigham, Principal Planner,Planning&Development
Amanda Ruggiero, Assistant Town Engineer- DPW
Martin MacNeeley—Fire Inspector—COMM FD
Bud Breault—Barnstable Municipal Airpoil Manager
Katie Servis—Barnstable Municipal Assistant Airport Manager
1
sw
3225 MAIN STREET o P.O. BOX 226. �
BARNSTABLE, MASSACHUSETTS 02b30
C:A P'E :C-Q D
(508) 362-3828 -''Fax(508).362-3136 'a `vriiruw.c'a'80mmissi6n:6rg -COMMISSION '
DEVELOPMENT OF REGIONAL IMPACT DECISION
Pr!Qject: Wakeby Road Wireless Communications Facility(CCC File No.17019)
Pro,ptM Owner: Barbara M.LaFlam
Project Applicants: Eco-Site LIC and T-Mobde Northeast L;LC
c/o AttorneyRicardo:Sousa
Prince Lobel Tye LIjP
One Triternational Place,'Sute 3700`
Boston;MA,o2uo
Project SitelLocation:o Wakeby Road,Barnstable(Marsfons Mills),MA 6260i
Itle Reference: Deed Book 27207 Page 5
Assessors ID: Map 13 Parcel 003
Date: November 9,2017
SUMMARY
The Applicants,.Eco-Site LLC(Eco-Site)and T-Mobile°Northeast LLC(T-Mobile),propose to
construct a 145-foot monopole-style wireless communications tower and associated
improvements for personal wireless service on an undeveloped 17.74*acre property.
The Cape.Cod Commission(Commission)hereby approves with conditions the.Project as,a
Development of Regional.Impact(DRI).Pursuant to Sections 12 and 13 of-the Cape Cod
Commission Act(Act). Tliis.decision is rendered pursuant to.aa.vote.of the Cape Cod
Commission on Noveiriher 9;2.017.:'
FINDINGS
The Cape Cod Commission finds as follows:
GENERAIL FINDINGS
i
GFi.This Project is a mandatory Development of Regional Impact(DRI)pursuant to Section
g(i)(i)of the Commission's Enabling Regulations,revised November 2014,as the"Construction
of any Wireless Communication'Tower exceeding 35 feet in overall height,including
appurtenances,from the naturalgfdde of the site on uiluch it=is located,:...'°.
GF2.Section 7(c)(viii)of the Commission's EnablingRegulations Gouerning:ftu of
4;,
Developments of Regional.Impact(Enabling Regulations)contains the standards.for DRI'
approval;which include consistency v�ith the Cape Cod.Commission Act,Cape Cod Regional
Policy Plan(RPP),District of Critical Planning Concern(DCPC):implementing regulations(as
applicable),municipal development bylaws or ordinances,and applicable Local Comprehensive
Plans. The Commission must also find that the probable benefit from the proposed
development is greater than the probable detriment.
GF3.The Project was reviewed subject to relevant issue areas of the 2009 RPP,amended August
2012,and corresponding standards applicable and material to the Project,and the
Commission's Technical Bulletin 97-001,"Guidelines for DRI Review of Wireless
Communication Towers".
GF4.The DRI application was received on July 31,2017. The mandatory DRI referral was
received by the Commission from the Town of Barnstable on August q,2o17. The Applicants
submitted.additional materials in August and September 2017. The DRI application was
determined to be complete;'sufficient to proceed to.substantive�publichearings, hich were held
by a DRI subcommittee on September 27,2017.and October 26.,261�,during.which time the
Applicants submitted:additior4.materials for review, Commission staff prepared.a report on
the Project,dated.September.22 201�,for the subcommittee;hearuigs. At October 26,201
hearing,the subcommittee voted'torecommend approval of the Project to the full Commission
and directed staff to prepare.a draft DRI decision for the..Commi'ssion's consideration. The
October 26,2017 hearing was continued to November 9,2017 for the full Commission's review
and consideration of the Project and of the draft DRI decision.
GF5.T-Mobile is licensed by the Federal Communications Commission(FCC)to construct and
operate a'wireless telecommunications network in various markets throughout the country,
including the Commonwealth of Massachusetts and the Town of Barnstable.
GF6.Under its license from"the FCC,T-Mobile is obligated to provide reliable wireless
communications service to the population of the Town of Barnstable.
GF7.Without the proposed facility,T-Mobile cannot provide reliable service to the Town of
Barnstable pursuant to the Telecommunications Act of 1996 and its license issued by the FCC.
GF8. Designing and constructing a telecommunication system that provides seamless coverage
requires a grid of radio transmitting and receiving links located up to two(2)miles apart,which,
based on network and site topography features,operate on a line-of-sight basis,requiring a clear
path from the facility to the user on the ground;,antennas are located where the signal is not
obstructed or degraded by buildings or geographical:features
DRI Decision=Wireless Commmticat ons;Tower:.-o Wakot y Road;BaiiiaiWe(CCC FUe No igoig).
Page it
GF9.A significant gap in wireless telecommunications coverage.was identified by T-Mobile,who
employed a Site Acquisition Specialist to identify potential parcels for construction of a wireless
telecommunications tower. Criteria for site selection included:existing structures of sufficient
height where an antenna installation could provide adequate coverage;a parcel within the
search area where a tower of sufficient height could be constructed;a location that will provide
adequate coverage to the gap in T-Mobile's.network;a willing landowner with whom
commercially reasonable lease terms can be negotiated..
GFio.T-Mobile was unable to identify a suitable existing location to co-locate its proposed
wireless facility. A Site Analysis performed by T-Mobile found no existing structures in the area
with the height necessary to provide adequate wireless coverage,as the geographic area defined
by T-Mobile where a significant service gap exists consists of mostly single-family homes,fresh
water ponds,conservation lands,and other undeveloped lots.
GFii.The Applicants maintain that the Project Site is the most suitable one for the Project in
light of potential alternative sites-due.to tl e:willingness and authority of the Property owner to
enter into a lease agreement with.the Applicants,the Property's significant existing vegetation;
and the location:of the Propety to provide adequate coverage within the identified service area
gap. The proposed wireless Telecommunications facility will provide reliable:eoverage to the
targeted sections of the Town.of Barnstable and:immediately,surroiinding:area.
GF12.Potential alternative sites identified.for construction of the Project were rejected due to
lack of property owner interest in entering into a lease agreement with the Applicants at the
time of property research,site constraints,or the properties were determined to be too far from
the needed coverage area.
GF13.The Project includes the installation of a 145400t multi-user monopole-style wireless
communications tower and associated improvements for personal wireless service use in a
5o'x5o'leased compound on the Property. The proposed wireless tower will include twelve(12)
wireless communications panel antennas and two(2)square dish antennas at a centerline
height of 140 feet,and a GPS antenna providing Enhanced Emergency Service(Egli).
Associated appurtenances include equipment cabinets on concrete pads,and Remote Radio
Heads("RRH")with accessory junction boxes and surge suppressors to be mounted alongside
the antennas. The antennas will be connected via.cabling inside the monopole and through a
proposed ice bridge to the ground based equipment. A gravel access driveway to the tower
facility,stormwater management,underground utilities,8-foot high chain link fence,
landscaping,and vegetated buffer zone are.also proposed(collectively,the Project).
GF14.The Project Site is approximately 45�5.00 SF(i.o4,acres)of a larger N17.74-acre Property.
The Project Site consists of a 5o'x5o'fenced equipment compound,a 4546ot wide.landscaped
easement around the compound,a 12406t wide gravel access drive witbin:a 40400t wide utility
easement,the stormwater management system;azid'.S5-foot.vegetated buffer zone around the
limit of disturbance.
GF15.The Applicants have provided appropriate and;;sufficient documentation and analyses to
evidence need and demand for the Project,and have provided documentation consistent with
the Commission's Wireless Technieal.Bulletin The Project is.proposed to be implemented and
constructed in accordance with the following application materials,information,and documents
I submitted during the DRI review process:
_. See ExhibitA attached hereto and incorporated herein
DRI Decision—Wireless communications Tower—o Wakeby Road,Barnstable(CCC File No 17oig)
Page 3 of t6
GF16.The Project has been designed to accommodate three(3)wireless telecommunications
carriers in addition to the co-applicant T-Mobile,and will provide personal wireless service to a
portion of Barnstable,Mashpee,and Sandwich.
GF17.Applicant Eco-Site has provided a copy of a lease-with the Property owner over that
portion of the Property constituting the Project Site. The term of the lease:is io yearsimith*four
(4)renewal options of an additional five(5)years each,for atotal of up to 30 years.
GFr8.Applicant_Eco-Site has agreed to the Abandonment requirements of the Wireless
Technical Bulletin;which outlines the removal of a personal:wireless service:facility when the
operation of that facility has been.discoritinued.
GFig.The Project is consistent with the Barnstable I:o'cal Comprehensive Plan.by minimizing
development in a Low Density Residential area,supporting upgrades to telecommunications
infrastructure,providing well maintained public facilities to serve future communication needs
of the community that are equitably distributed with minimal environmental and community
character impacts,and the Marstons Mills Village Plan Heritage Preservation Strategy of
retaining natural vegetation within development sites as a visual buffer along roads.
GF2o.The only DCPC applicable to the Project is the Cape-wide Fertilizer Management DCPC.
Barnstable adopted a fertilizer(nutrient)management ordinance as implementing regulations
pursuant to this DCPC(Chapter 78 of the General Ordinances of the Code of the Town of
Barnstable,"Fertilizer Nitrogen and Phosphorous Control'), The Applicants do not propose to
manage turf with fertilizer applications,and thus the implementing regulations do not apply to
the Project.
GF21.The following local reviews,actions,permits,licenses and approvals are required for the
Project:
A. Site Plan Review;:
B. Zoning Board of Appeals.Dimensional Varance,for the-height of the tower;
C. Building permit.
GF22.The Projectis consistent with mun*ai d"odopmentordinances;provided the
Applicants obtain all-necessary local permits,licenses,and approvals. 'T'he.Loning Ordinance of
the Town of Barnstable(Chapter-240)i Article X(Personal Wireless Communication)allows for
the.installation and construction of personal wireless.facilities and associated equipment in all
zoning districts,subject to Site Plan Review and issuance of a building permit The maximum
building height in the RF district is 30 feet;therefore,the Applicants will need a Dimensional
Variance for the height of the tower from the Barnstable Zoning Board of Appeals. As noted by
the Applicants,in Nextel Communications of the Mid-Atlantic,Inc.v.Town of Wayland,231
F.Supp.2d 396,4o6-407(D.Mass.2002),the"need for closing a significant gap in coverage,in
order to avoid an effective prohibition of.wireless services,constitutes another'unique
circumstance whena zoning variance is required." T-Mobile will�require variances as it cannot
close a significant gap in coverage without installing the proposed facility in an area that limits
structures to a height of 30 feet
GF23.The Property is located within the town Resource Protection Overlay District,the purpose
of which is to protect surface water and groundwater quality,and reduce development potential
in an area where additional residential development could face a shortfall in public facilities.
The Project use is not a prohibited use within this District.
DRI Decision—Wireless Communications Tower—o Wakeby Road,I�arustable:(Occ File No 17019)
Page 4 of 16
GF24.The Commission.reeeived commeuts,from the,Town's Planning and Development:
Department Director,.Eli Elizabeth Jenlans,oilbehalf;of the.Town;at.th6 silbcommittee.hearing on
September 27,-2017,indicating`Project consis eywith town development ordinances and.the
Town's Local Comprehensive Plan.
GF25.The probable benefits of the Project.indade::
A. The Project will limit the development potential of a 17.74-acre wooded residential
lot in a Resource Protection Area.
B. The Project will provide additional vegetated buffering to screen ground-level
equipment and maximizes the vegetated buffer of existing vegetation..
C. The Project will provide additional and enhanced personal wireless service to
portions of Barnstable,Mashpee and Sandwich.
The probable detriments of the Project include:
A. The Project requires removal of some natural site vegetation.
REGIONAL POLICY PLAN FINDINGS
The'following are Findings:related to the Projeet's consistency with RPP issue areas that are
applicable,relevant and material to,and wiffifn:the scope�of,the P.roject:
Land Use
LUFi.The RPP Land Use goals,aim to rriin9rriize�adverse'impacts of development on the land by-
using land efficiently,protecting sensitive resources,and directing growth to appropriate areas.
LUF2.The Property is in a residential district,17.74 acres,undeveloped,and wooded.,and is
located within a Resource Protection Area on.the town adopted Land Use Vision Map(LUVM).
The area of disturbance for the Project will be 13,50o square feet(0.3 acres).
LUF3.A letter provided by the property owner states that future development of this parcel is
contingent on the proposed wireless tower being located at this site. Should the tower be
located on this Property it would effectively limit development on a 17+acre wooded residential
lot in a Resource Protection Area for the life of the tower,which could be to-3o years.
LUF4. RPP Minimum Performance Standard(MPS)LU2.2(Co-location of Telecommunication
Facilities)requires that the Applicants demonstrate the design of the facility can accommodate
two(2)or more co-locators. The facility provides spots for a total of four(4)eo-locators;
wireless carrier T-Mobile is a co-applicant. The,Applicants have contacted additional carriers
serving Cape Cod to offer.an opportunity to co4ocate on this tower,and have provided the
Commission with letters committing to allow for future co-location.
LUF5. MPS LU2.2 directs applicants to the Commission's Technical Bulletin 97-ooi,
"Guidelines for DRI Review of Wireless Communication Towers"for guidance on locating and-
design of wireless towers: The Commissionhasretained a wireless'tchnical-consultant;
DRI Decisiori-Wirelen:.Communications Thaler—:o Wakeby Road,Barnstable(CCC Foe No 17oig)
Page 5 of 16
Isotrope,LLC,who reviewed the Project relative to,among other things,consistency with this
Technical Bulletin. Isotrope submitted reports to the Commission titled:
Initial Comments on DRI Application for Wakeby Road Cell Tower,dated September 26,
2017
Response Memo to T-Mobile Supplemental Submission on the Wakeby Road,Tower
Application by Eco-Site,dated October 24,2017
The wireless consultant concluded that the Project would fill a significant gap in T-Mobile's
wireless coverage,and the Project design would maximize co-location potential.
LUF6.The Project is consistent with guidance contained'in Technical Bulletin:97-o.oi Including
limitations on-operational noise and emissions.levels,and minimum Tall Zone"distance.
LUF7.The Project will:provide;:access to.emergency responders through enhanced emergency
service(Egii).by installing one( )E9ii:Gl6bal Poiitioning System(GPS)antenna.
Economic Development
EDF1.The aim of Economic Development Goal 4 a nfrastructure'Capacity)is to provide
adequate infrastructure that meets community and regional needs,expands community access
to service,and improves the reliability and,quality of services. This tower will provide improved
personal wireless service to portions of Barnstable,Mashpee,and'Sandwich:
EDF2.The Applicants have provided coverage analysis to evidence need and demand for the
Project.
Water Resources
WRF1.The Project Site is in the Popponesset Bay watershed,which is a nitrogen impaired
watershed and has an U.S.Environmental Protection Agency(EPA)approved nitrogen Total
Maximum Daily Load(TMDL).
WRF2.The.nitrogen load of the Project will be approximately oA-ppm(parU:per.million),which.
meets the 5-ppm Nitrogen Loadingg:Standard under.General-Aquifer Protection.(Goal WR1),and
Wellhead Protection Areas(Goal W4 :-Dnnldng Water Quality and.Quantity)' the ppm
Nitrogen Loading Standard for Potential Public`Water.Supply Areas:(.Goal WR2),and the TMDL
nitrogen loading standard for nitrogen-impaired.Marime Water R�r-karge Areas'(Goal WR3)..
WRF3.The Project Site is within aZone II Wellhead Protection Area. Due to the type of use,the
Commission does not anticipate quantities of any hazardous materials to exceed normal
"household quantities." The Applicant has agreed to limit the use of backup generator fuel to
propane or natural gas,which poses little to no risk of harm to related drinking water resources.
WRF4.The Project Site is within a Freshwater Recharge Area for Santuit Pond. Given that the
Site is located over 2,000 feet away from Santuit Pond,no significant impacts to the.pond are
anticipated(Goal WR4—Freshwater Ponds and Lakes).
DRI Decision—Wireless Communications Tower—o Wakeby Road,Barnstable(CCC He No 17oig)
Page 6 of 16
i
WRF5.The Project Site is within a Potential Public Water Supply Area(PPWSA); however,it is
unlikely that a drinking water supply well would be located on or near this Site.
WRF6.There are no existing stormwater management features on-site. The proposed
stormwater system includes a,grassed conveyance swage with a.riprap apron*at the lowest
depression point,where water will infiltrate,,and;will provide treatmentfor the first.inch:of
runoff from the gravel compound and access road,>and:has.been designed 46,accornm6date at
least the 251 u,24=hour storm. Though 11therm is not anticipated'to.be,a significant amount of
stormwater generated by the Project,.the Project includes stormwater management consistent
with Goal WR7(Stormwater Quality)and associated MPSs;
WRF7.The Stormwater Pollution Prevention Plan(SWPPP)and site plans contain proper
design and details regarding erosion and.sediment control plans.duiing construction. The
included Stormwater Maintenance Procedures also address requirements for'inspection,
monitoring,operation and maintenance of the stormwater system.
WRF8.The Project does not include any managed(i.e.fertilized)turf.
Natural Resources
NRF1.The Applicants provided a Natural Resources Inventory(NRI)consistent with the
requirements of Wildlife and Plant Habitat MPS WPHia(Natural Resources Inventory). The
NRI states the Property contains upland woodland vegetation typical of Cape Cod,and'does not
identify any specimen trees or unusual plant or wildlife habitat or individuals.
NRF2.The Property is not.mapped for state listed rare species habitat per the 14th edition of the.
Massachusetts Natural Heritage Atlas(effective August i,2017),but the 4plicants'haye
provided a letter from the MA Natural Heritage and Endangered Species Program(NHESP)
indicating that no impacts to state-listed,species are anticipated. The Applicants hive also
provided correspondence from 6w`U S Fish and Wildlife Service indicating that impacts to the
federally listed tong-Eared:Bat are not anticipated.
NRF3.There are no wetlands mapped on the site,and the closest mapped vernal,pool is
approximately i,000 feet from the Project Site,
NRF4.The Project Site is located within a Significant Natural Resources Area(SNRA)due to
mapped PPWSA
NRF5.The RPP Open Space standards require that an applicant permanently restrict open
space as mitigation for areas of new disturbance proposed by a project. DRIs located in SNRA
are required to provide permanently protected open space in an amount equivalent to twice the
total development footprint of a project. As the area of disturbance for this Project is 13,5oo SF
(0.3 acres),the amount of protected open space would be 27,000 SF(o.6 acres). Locating the
Project farther back on the Project Site allows for better visual buffering(though this requires
more disturbance than if the tower were located closer to Wakeby Road).
NRF6.Eco-Site will enter into a Buffer Zone Agreement with the Property owner to preserve a
designated area of existing mature trees and vegetation totaling approximately 32,000 SF(o.73
acres)immediately adjacentto the P oject limit:of disturbance which will effectively provide
protected open space for the life-of the Project(potentially up to 3o years or longer). Some
DRI.Decision-Wireless Communications Tower=o Wakeby Road,Barnstable(CCC File No 17oi9)
Page 7 of 6'
revegetation of these disturbed areas would likely be required if and when the Project is
"abandoned"and decommissioned.
NRFj,The location of theTroject on the Property effectively limits the development potential.-of
the.Property during the life of the Project.
NRF8.The Project design and Buffer Zone Agreement:are consistent vnth the:Qpen Space.
requirements of the RPP,,`therefore,permanently protected,conservation'restricted open space
is not required for the Project:
Transportation
TF1.Access to the tower will require a new curb cut on Wakeby Road at the location of the
access driveway.
TF2. Cape Cod Commission staff estimates that the sight distance available for the access
driveway will be more than 400 feet for both directions of travel,which exceeds the minimum of
200 feet required for road with a 3o-mph operating speed(Wakeby Road is classified as
"Thickly Settled"with an advisory speed of 30 mph)(MPS TR1.8—Sight-distance
Requirements).
TF3.As the Project will not generate traffic other than trips relating to construction and
bimonthly maintenance visits,no sustainA'regional transportation impacts are anticipated
from this Project.
Heritage Preservation,
HPF1.The Project islocated outside•of town historic districts,and is approAtnatelyone(i):mile
from the:closest inventoried historicstructure orslte..The Applicants filed:a.Project Notification
Form with the Massachusetts Historical Commission(MHC)and;prepared an.archaeological
assessment for.the area where disturbance is proposed:The Project Site was not found to be
archaeologically sensitive,and the Applicants received a determination from MHC that the
Project is unlikely to affect significant historical or archeological resources.
Community Character
CCFi.The RPP Community Character standards aim to minimize regionally significant,visual
impacts from wireless communications towers.
CCF2.A visibility analysis for the proposed Project shows that the tower will be visible year-
round along Wakeby Road adjacent to*the Property,and northeast of the Property along a
portion of Mockingbird Lane south of Doves Lane. The tower will be visible seasonally to the
west of the Property on Gallagher Lane,along a portion of Meiggs Backus Road,and northeast
along Doves Lane around Cardinal Lane.: These areas are all outside of historic resource areas.
and distinctive scenic landscapes. Photosimulations provided by the Applicants show that the
visual impact on the surrounding area will be minimal.
CCF3.The•facility is not.visible'from tested.locations atand around Long Pond,Santuit Pond,
and the Ryder Conservation Laii&
DRI Decision--.Wireless Colnmun►cations Tower-o WakebyRoa4 Barnstable(CCC Pile No 7oi9)
F*8 ofY6
I
CCF4.The proposed tower will be set back 286 feet from Wakeby Road.
.CCF5.Existing vegetation on the Property,along with proposed landscaping around the
equipment compound,will screen both the tower and the chain link fence surrounding the
equipment compound
CCF6.Eco-Site has proposed a Buffer Zone Agreement With the Property owner to protect
32,000 SF(0.73 acres)of existing mature trees and vegetation around.the Project Site. The
proposed buffer zone of existing vegetation is adequate to provide screening for the tower,and
as such,is consistent with RPP performance standards relating to Community Character.
CONCLUSION
Based on the Findings above,the Commission.hereby concludes,determines,and finds further
that:
1. Subject:to and upon satisfaction of the conditions:identified in this decision,the Project
is,consistent with the Act and the 2009 Regional Policy Plan(as amendA):
a. The Project is,consistent with BarnstabWs Local Comprehensive•Plam
3. The Project is consistent with municipal development ordinances,subject to the
Applicants obtaining all requiredlocal approvals;licenses,and germits for:the'Pioject
4. There are no;DCPC'ImplementingRegulations applicable to the Project:
5. The probable projectbenefit is.greater than'the probable project detriment.
The Commission hereby grants DRI approval for the construction of a wireless communications
facility to be located at o Wakeby Road,Barnstable,MA described herein,subject to the
following conditions:
CONDITIONS
Ci.When final,this decision shall be valid and in effect for a period of seven(7)years,and local
development permits may be issued pursuant hereto for a period of seven(7)years from the
date of this written decision. This decision shall be final when the appeal period set out in
Section 17 of the Cape Cod Commission Act has elapsed without appeal(or if such an appeal has
been filed,when the appeal has been finally settled,dismissed,adjudicated,or otherwise
disposed of in favor of the Applicants),and a-copy of this decision has been recorded with the
Barnstable Registry of Deeds,and registered with the Barnstable Land Court,as applicable.1he
Applicants shall bead the costs of recording or registering this decision.
C2.This decision shall be appurtenant to and run with the:Project Site on.the subject Property.
The decision shall bind and be enforceable:against,and inure to the benefit of,the Applicants;;
'its successors,and assigns.
C3.The Project shall be undertaken,constructed,operated,and maintained in accordance with
the Findings and Conditions set out herein,,including the plans and documents referenced
below:
Site Plan Set titled"Eco-Site,Site Name:Mockingbird Ln Baker,Site# MA-oo45',
prepared by NB+CEngineering Services,dated July 27,2oz7
DRI Decision—Wireless Communications Tower—o Wakeby Road,Barnstable(CCC File No 17029)
Page 9 of 16
.Sheet T-1:Title Sheet .
Sheet C-.z:Overall Site PI an
Sheet C4:Site Plan
Sheet C-3:Elevation
Sheet C-q:Erosion&Sedimentation Control Plan&Notes
Sheet C-5:Erosion&Sedimentation Control Details
Sheet C-6:Details
Stormwater Pollution Prevention Plan,prepared by NB+C Engineering Services,dated
October 11,2016,revised July 27,2017
Buffer Zone Agreement between Eco-Site and Barbara M.LaKam and Robert E.Baker,
with Exhibit A: Overall Site Plan,Sheet C-1,prepared by NB+C Engineering Services,
dated July 27,2017
Noise Report:Letter to Eco=Site from NB+C'Engineering Services re•Proposed Generatar
Letter for Eco-Site:MA-oo451Vlockingbird Ln_�Balcer(o 11k*by Road),dated'Ott
ober 25
Tree Planting Detail,SheetC-8,prepared byNB+C Engineering Services,dated July 27,
2017,revised October 25,.2617
Emissions Report:Letter from Donald L.Hoes,Jr.,Ph.D.,CHP re:.Installation of radio
base station antennas and associated equipmentfor the proposed personal wireless
services facility to be located on a proposed monopole at o Wakeby Road,Barnstable,MA,
dated October u,2017
When and as any plans and documents required to be submitted as Conditions of this decision
are reviewed and approved by Commission staff,such plans and documents shall be.deemed
incorporated into the approved Project plans and documents referenced herein,and the Project
shall similarly be undertaken, constructed,operated,and maintained in accordance with the
same. Failure to comply,and remain in compliance,with all findings and conditions stated
herein maybe deemed cause to revoke or require modification to this decision. This decision
does not permit any other work or development at the Project Site.or Property,including tree.
and vegetation clearing and removal,except as,authorized herein.
C4.Prior to commencement of�P ojedt'eonstrupdon;the Applicants shall:
a. submit final'project plans as approyedby state,federal,:and municipal authorities
for review by Commission staff who will determine their consistency with this decision.
If Commission.staff determines that theAnd plans are not substantially consisteni with
the approved Project plans and documents referenced in Condition C3,the Commission
requires that the Applicants.seek a modification to this decision for further review and
approval of the Project changes in accordance with the 'Modification°section of the
Commission's Enabling Regulations in effect at the time the modification is sought;
DRI Decision—Wireless Communications Tower—o Wakeby Road,Barnstable(CCC File No 17019)
Page io of 16
b. provide evidence to the Commission that a copy of this decision has been
provided to and received by the general contractor for the Project.Copies of this decision
and approved Project plans and documents referenced herein shall be maintained on-
site during Project construction.
C5.Prior to and as a condition to issuance of a Building Permit by,the Town and commencing
Project construction,the Applicants shall obtain a Preliminary Certificate oftovapliance from:
the Commission that evidences that all conditions in'this_decisionrequired to have been
satisfied prior to the issuance of a'Preliminary;Certifical;6 oMomp.li ch havebeen satisfied;and
that the Project is in compliance with.this decision.
C6. Prior to and as a condition.to use and operation of the Project and issuance of a Certificate
of Use/Occupancy/Building Permit sign-off for the.Project by the Town,the Applicants shall
obtain a Final Certificate of Compliance from the Commission that evidences that all conditions
in this decision required to have been satisfied prior to issuance of a Final Certificate of
Compliance have been satisfied and that the Project is in compliance with this decision.
C7.Prior to the issuance of a Preliminary Certificate of Compliance,the Applicants shall have
obtained all necessary federal,state,and municipal permits,licenses,and approvals(except for
a local Building Permit)for the Project,and provide copies of the same to the Commission.
C7(a).The Project's consistency with municipal development by-laws,regulations or
ordinances shall be evidenced and confirmed by the Applicants obtaining all said
necessary municipal permits,licenses and approvals.
C8.Commission staff will undertake a review of the Project's compliance with this decision;
including the applicable conditions.hereof,upon the Applicant's request to the Commission for
issuance of any Certificate of,Compliance.:.At the time-the Applicants:request such a Certificate;:
it shall provide CommMonstaff a list of key project contact(r),along with their telephone
numbers,mailing addresses,and email addresses,;mn the:event questions anise during the
Commission's compliance review.As.part of its compliance.review,C6minission staff
-may malce,,
and the Applicants hereby:authorize;site inspections:upon:reasonable notice to the Applicants,
as such visits are needed. Upon review,the Commission shall either prepare and issue the
requested Certificate,or inform the Applicants in writing of any deficiencies and the
remedial action required for the issuance of the requested Certificate.
C9.The Applicant shall consummate the Buffer Zone Agreement referenced in Condition C3
herein. Prior to and as a condition to issuance of a Preliminary Certificate of Compliance by the
Commission,the Applicant shall provide Commission staff a copy of the executed Buffer Zone
Agreement.
Cmo.Prior to and as a condition to issuance of a Final Certificate of.Compliance by the
Commission,the Applicants shall install one(i)Egli Global Positioning System(GPS)antenna.
DRI Decision—Wireless Communications Tower—o WakebyRoad,Barnstable'(CCC File No i7oi9)
Page 11 of%6
Cii..The Applicant Eco=Site shall:donate.spao th � reesscmuicenen eations tower for
telecommunications-related equipmentof the town ofBarnsfable;should the:town desire.to.
arrange with the Applicant to place and maintain equipment<on the tower.
Cie.Any backup generator for the Project shall only be fueled by propane or natural gas: If
there are to be multiple backup generators used as part of the Project,routine generator testing
shall only be performed,as necessary,on separate weekdays..Prior to and as a condition to
issuance of a Final Certificate of Compliance by the Commission,the Applicants shall establish
and provide to Commission staff a written protocol where each additional co-locator carrier will
only perform routine generator testing on separate weekdays.
C13.Notification shall be provided to the Commission'and town at such time that the personal
wireless service facility owner plans to abandon the facility. Upon abandonment of the facility,
the facility owner should physically remove the personal wireless service facility within go days
from the date of abandonment. "Physically remove"includes,but is not limited to:removal of
antennas,mount,equipment shelters and security barriers from the subject property;proper
disposal of the waste materials from the site in accordance with local and state solid waste
disposal regulations;restoring the location of the personal wireless service facility to its natural
condition,except that any landscaping.and grading should remain after removal of the personal.
wireless service facility. If the facility owner fails to remove a personal wireless service facility,.
the town shall.have:tl e.authority to enter..the subject property and physically,remove the facility.
SEE NEXT PAGE POR SIGNATURES
I
DRI Decision—Wireless"Communications Tower o Wakeby Road,Barnstable(CCC File No r7oig)
Page 12 of 16
Exhibit A
General Finding GF15
Application and Review Materials
Application for Development of Regional Impact ReviewApproval and Dimensional
Variance for a Wireless Communication Facility,prepared by Prince Lobel Tye LLP,
dated July 28,2017
Barnstable Board of Zoning Appeals Application,dated March 8, 2017,and
Supporting Statement prepared by Prince Lobel Tye;dated.July 28;2017
Cape Cod Commission DRLApplicatlori,dated`July28,2oi ;and Supporting
Statement prepared'by Prince Lobel Tye;dated:July 28;,26i8
Town of Barnstable Certified Abutters Tist,dated March go ?oil
Site.Plan Set titled"Eco-Site;Sife Name:Mocldngbuid tn_taker,Site # MA7o645">
prepared by NB+C Engineering Services,dated July 2 ,2017'
Sheet T-1: Mle Sheet
Sheet C-1:Overall Site Plan
Sheet C-2: Site Plan
Sheet C-3:Elevation
Sheet C-4:Erosion&Sedimentation-Control Plan&Notes
Sheet C-5:Erosion&Sedimentation Control Details
Sheet C-6:Details
Photographic Simulation Package and Viewshed Map,prepared by Virtual Site
Simulations, LLC
Affidavit of Site Acquisition Specialist,:prepared by_Keenan Bri_nn of Network
Building+Consulting,dated July 28,201�:
Existing Tower Inventory'
RF:Affidavit Statement of N.eed,.prepared:by Ryan Monte,de Ramos'
Existing and'Froposed Z oo MHz Radio Frequency Coveragel1 tps,
Continuous Wave,Report{CW.Drive Test);preparedby T-Mobile
PCS Broadband Licenses(4)=T-Mobile
FAA Tower Construction Notification
DRI Decision-Wireless Commwoications Tower-o Wakeby Road,Barnstable(CCC File No lyoiq)
Page 14 of 16
i
Letter to the Commission from Eco-Site re:Written Commitment to Allow for
Future Co-Location for the.Proposed Telecommunications Facility.Located at o
Wakeby.Road,,Barnstable;MA 626o1 :dated April 7,2oi7
Letters to Ver i6h.Wireless Sprint New England,and AT&'T Motility New England
from Eca-Site re Opporttuuty to lease;space on a proposed telecommunications
tower to be constructed it'd Waky Road,Barnstable,MA.;o2601;dated April: ,
2017
Letter to the Commission from Attorney.Donald W.Abel,Jr.,re: Eco-Site/T-Mobile
DRI Application,dated July 14,2017
Buffer Zone Agreement between Eco-Site and Barbara M.LaF'lam and Robert'E.
Baker,with Exhibit A: Overall Site Plan;Sheet C-1,prepared by NB+C Engineering
Services, dated July 27,2017
Lease Agreement between Eco-Site and Barbara M. LaFlam,dated January 19, 2017
Nitrogen Loading Calculations,prepared by NB+C Engineering Services,dated
October 28, 2o16
Noise Report: Letter to Eco-Site from NB+C Engineering Services re:Proposed
Generator Letter for Eco-Site: MA-0045;Mockingbird Ln_Baker(o Wakeby Road),
dated October ig- 2o16
Stormwater Pollution Prevention Plan;-prepared by NB+C°Engineering Services;
dated October 1 ,,2o16,revisedJuly 277.101
Letter to Eco-Site'fTom MA.Division of F heries and Wildlife re: NHFSP'ke'No.
16-36038,dated October' q:,2616
Natural Resources Checklist and Exemption.Review,prepared by CBREand Letter
from U.S.Fish and Wildlife Service ice: List of threatened and end angered species
that may occur in your proposed proj ect location,and/or may be affected by your
proposed project,dated August 2, 2016
Letter to MA Historical Commission from CBRE re: Proposed Telecommunications
Facility,dated October 11,2016
Letter to the Commission from NB+C Engineering Services re: Eco-Site
Mockingbird Ln_Baker,dated July 27, 2017
MA Historical Commission determination,dated July 13,2017
Natural.Resources Inventory(Plant and Wildlife Habitat Assessment),prepared by
CBRE,dated June 16,2017
DRI Decision-Wreless.Communications:Tower-o Wakeby Road,*Bamsiable(0CG'F2i No.i7oi9)
Page*v66
,
FAA Frequency Notification,dated October Ily 2017 ;
Emissions Report: Letter from Donald L.Haes,Jr.,.Ph.D.,CHP re::Iristallation of radio
base station antennas and associated equipmentfor the proposed personal wireless
services facility to be located on a proposed monopole at q Wakeby Road,Barnstable,
MA,dated October 11, 2017
Additional Continuous Wave Report(CW Drive Test),prepared by T-Mobile,received
October 19, 2017
Existing and Proposed boo MHz Radio Frequency Coverage Maps
Noise Report:Letter to Eco Site from NB+C*&' eering Services.re ,Proposed.
Generator Letter for Eco`Site MA o045 Moclungbird Ln_Baicer:(o Wakeby'Road),
dated:October?-&2617
Additional Continuous Wave:Report(CW DA Test) prepared:by T-iVlobile,received
October 26,2017
Tree Planting Detail,Sheet.C-8,prepared by NB+C Engineering Services,dated July 27,
2017,revised October 25,20.17
DRI Decision—Wireless Communications Tower—o WA6c Road,Barnstable(CCC File No 17019)
Page 16 of 16
SIGNATURES
Executed this (lay of:... 26 .
. . 7
tore
CC
Print Name and Title
COMMONWEALTH OF bMSACHUSEITS
Barnstable,ss A/0 v,40 b,M 2017
Before me,the undersigned notary public,personally appeared
,.in his/her capacity.as . . .
of the Cape Cod Commissipri;whose.name is slgned;pn the.preceding document,and
such person acknowledged to me thaf he/she:signed;such : iocument voluntarily for.:its
stated.purpose: The•identity of..such person:was provedto 14 through satisfactory
evidence of identification;wluchi'was:[ ]photographic iden- .:canon iwith signature
issued by a fed al or state governmental agency,.[ ]oath or affirmation of a cred1le
witness;or[ ersonal-knowledge.of the undersigned.
13ALP.HANEEY
ljo1a7 Public
OFMASSOOCKOJUM
Notary Public
My Commission Expires:
DRI Decision.—Wireless Communications Tower—o Wakeby Road,Barnstable(CCC File No 17019)
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