HomeMy WebLinkAbout1047 FALMOUTH ROAD/RTE 28 (12) R
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TOWN OF BARNSTABLE BUILDING PERMIT APPLICATION
Map Parcel 04 Permit# 0
Health Division U Date Issued v
Conservation Division . �d ® Application F e ,
Tax Collector Permit Feed
r SEPTIC SYSTEM }
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Treasurer -v7.
INSTALLED IN COMB IANCE�
Planning Dept. WITH TITLE�6 y,
ENVIRONMENTAL CO E AND-
Date Definitive Plan Approved by Planning Board TOWN REGULATI S N m
Historic-OKH Preservation/Hyannis
Project Street Address b ,~Crr 'rr (Za
VillageY � S
Owner Address � ut!!;[ .v gf_;,op A,; � v4�_ e&
Telephone QD i _ 5B425 --56C70
Permit Request 1�.5r,_-a.c A-; or
(!,fa(,V—rs
Square feet: 1st floor: existing proposed&,st2nd floor: existing proposed Total new
Zoning District Flood Plain Groundwater Overlay
Project Valuation $31.0 000 Construction Type U
Lot Size O a3 Grandfathered: ❑Yes ❑ No If yes, attach supporting documentation.
Dwelling Type: Single Family ❑ Two Family ❑ Multi-Family(#units)
Age of Existing Structure Historic House: ❑Yes ❑ No On Old King's Highway: ❑Yes ❑No
Basement Type: ❑Full ❑Crawl ❑Walkout ❑Other .�
Basement Finished Area(sq.ft.) Basement Unfinished Area(sq.ft) _
Number of Baths: Full: existing new Half:existing new
Number of Bedrooms: existing new
Total Room Count(not including baths): existing new First Floor Room Count
Heat Type and Fuel: ❑Gas ❑Oil ❑ Electric ❑Other
Central Air: ❑Yes ❑No Fireplaces: Existing New Existing wood/coal stove: ❑Yes ❑No
Detached garage:❑existing ❑new size Pool:❑existing ❑new size Barn:❑existing ❑new size
Attached garage:❑existing ❑new size Shed:❑existing ❑new size Other:
Zoning Board of Appeals Authorization ❑/Appeal# ZLG Recorded❑
Commercial ❑Yeses� ❑No If yes, site plan review#
Current Use (_.eL _ .5(7:C Proposed Use 5
BUILDER INFORMATION 0—
Name __ �v5-z-�:�[. ( tea+ �u-rc����-S Telephone Number _)RI— 3f2 0[, it
• �r✓L.�S i��Zrc�C�
Address Az) c-otuc sT License# 0-52-if 2
e2D,5-0- Home Improvement Contractor# A-14
Worker's Compensation# !NC°t6!j4-CJE.Y,
ALL CONSTRUCTION DEBRIS RESULTING FROM THIS PROJECT WILL BE TAKEN TO
SIGNATURE DATEO�-
f FOR OFFICIAL USE ONLY
w ,
f PERMIT NO.
DATE ISSUED "
MAP/PARCEL NO.
ADDRESS VILLAGE
OWNER )
DATE OF INSPECTION:
FOUNDATION
FRAME
l .
INSULATION
FIREPLACE
ELECTRICAL: ROMO9 FINAL
PLUMBING: R (iM 02 FINAL
co m
GAS: Rcio— FINAL
7 FINAL BUILDING SO —1 -7) F'i '✓ p ft
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DATEELOSED OUT m
°^ ASSOCIATION PLAN NO.
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a, ,
The Commoarwealth of Massachusetts
Department of Industrial Accidents
Office Offnuestfgatfoas
600 Washington Street
Boston,Mass. 02111
jy. Workers' Compensation Insurance Affidavit
;A- scan n orm-a ion � �._ �I�jease`�'�R� •"t`�i`�, a��'
name:
location:
city phone#
EJ I am a homeowner performing all work myself.
1 am a sole proprietor and have no one working in any capacity
am an employer providing workers' compensation for my employees working on this job.
"
company name: yS( ,(U✓
address
city:
phone#:
insurance co policy#
.0 I am a sole proprietor,general contractor,or homeowner(circle one)and have hired the contractors listed below who
have
the following workers' compensation polices:
company name:
address: - - =i`:.`ii `,¢�•;ti:�.;c:„_�•`
phone#:
city:
Insurance co policy#
WIN
company name:"` } ' �•"
address: F-
Y
city. phone#
ti.
insurance co` policy# �
�tia�ed'di io el�tie'�I n�°e"a '• "T` �-'
Failure to secure coverage as required under Section 25A of N1GL 152 can lead to the imposition of criminal penalties of a fine up to SI 500.00 and/or
one years'imprisonment as well as civil penalties in the form of a STOP\PORK ORDER and a fine of slott.o0 a day against me. I understand that a
copy of this statement may be forwarded to the Office of Investigation of the DIA for coverage verification.
I do hereby certify under a ins tulti, per' hat tl enation provided above is true and correct
Signature Date
Print name �i6�A_ ' C, Phone# /
Y official use only do not write in this area to be completed by city or town official
city or to„n. permit/license N M Building Department
❑Licensing Board
❑check if immediate response is required ❑Selectmen's Office
❑Health Department
contact person: phone#;0Other
41;.i,ed 9195 PIA)
Information and Instructions
Massachusetts General Laws chapter 152 section 25 requires all employers to provide workers' compensation for their
employees. As quoted from the "law",an employee is defined as every person in the service of another under any
contract of hire, express or implied, oral or written.
An employer is defined as an individual, partnership, association, corporation or other legal entity, or any two or more of
the foregoing engaged in a joint enterprise, and including the legal representatives of a deceased employer, or the
receiver or trustee of an individual , partnership, association or other legal entity, employing employees. However the
owner of a dwelling house having not more than three apartments and who resides therein, or the occupant of the
dwelling house of another who employs persons to do maintenance , construction or repair work on such dwelling house
or on the grounds or building appurtenant thereto shall not because of such employment be deemed to be an employer.
MGL chapter 152 section 25 also states that every state or local licensing agency shall withhold the issuance or
renewal of a license or permit to operate a business or to construct buildings in the commonwealth for any
applicant who has not produced acceptable evidence of compliance with the insurance coverage required.
Additionally,neither the commonwealth nor any of its political subdivisions shall enter into any contract for the
performance of public work..until acceptable evidence of compliance with the insurance requirements of this chapter have
been presented to the contracting authority.
Applicants -
Please fill in the workers' compensation affidavit completely, by checking the box that applies to your situation and
supplying company names, address and phone numbers along with a certificate of insurance as all affidavits may be
submitted to the Department of Industrial Accidents for confirmation of insurance coverage. Also be sure to sign and
date the affidavit. Tile affidavit should be returned to the city or town that the application for the permit or license is
being requested, not the Department of Industrial Accidents. Should you have any questions regarding the "law"or if
you are required to obtain a workers' compensation policy, please call the Department at the number listed below. -
City or Towns
Please be sure that the affidavit is complete and printed legibly. Tile Department has provided a space at the bottom of
the affidavit for you to fill out in the event the Office of Investigations has to contact you regarding the applicant. Please
be sure to fill in the permit/license number which will be used as a reference number. The affidavits may be returned to
the Department by mail or FAX unless other arrangements have been made.
The Office of Investigations would like to thank you in advance for you cooperation and should you have any questions,
please do not hesitate to give us a call.
6
The Department's address,telephone and fax number:'
The Commonwealth Of Massachusetts
Department of Industrial Accidents
Office of Investigations
600 Washington Street
Boston, Ma. 02111
fax #: (617) 727-7749
phone #: (617) 727-4900 ext. 406
BOARD OF BUILDING REGULATIONS
License: CONSTRUCTION SUPERVISOR
Numbef-CS 052112 ► '
;
12/05/2004 Tr.no: 5189 f
f 11,7 R z3 -j
_ --Restril . : 00
CHRISTOPHER H MITCHELL�
8 ALDEN RD
LAKEVILLE, MA 02347�s,-t
Administrator
COMMERCIAL BUILDING PERMIT FEES
APPLICATION FEE
New Buildings,Additions $100.00
Alterations/Renovations $50.00 '�;-d
Building Permit Amendment $50.00
FEE VALUE WORKSHEET
NEW BUILDINGS
square feet x$140.00/sq.foot= 3 0 O x.0061= ( � / Z
ALTERATIONS/RENOVATIONS OF EXISTING SPACE
square feet X$96/sq.foot= X.0061=
STORAGE BUILDINGS ONLY
square feet X$32.00/sq.foot= X.0061
i
Commprojcost
APR-30-2004 08:03 P.02i02
pro•
of
Town of Barnstable
Regulator' Services
KAM s a,�xsr,,�r r, • Thomas F.GeUer,Director
�gpTs679, ►`' Building Division '
Tom Perry, Building Commissioasr
200 Maio St eet, Fly=nb.MA 02601
offices 608.862 4038 Fax: 508 790-6230
Property Omer Must
Complete and Sign TIAs Section
If'Using A Builder
V��( • 1�2?.(�Ie� _ 'Al of the.subjecq-topetty ...� .._. ._
hexebp authorize �' M� i� ' i�dU�a� ,�byhyyal�►,?cd�a�`act on mp.behalf,. .
in all matters relative to work authoiized-by.this buildiag p ettuit-sppkcatioa�for:
164'7 Val MVA V� , N4,:,nNr:5
(A adtess of Job) ;
5' �e o droner Taa e
A• ��a�
Priest Na�.c '
TOTAL P.02
r
RECEIPT
Printed:04-28-2004 @ 14:11:12
BARNSTABLE COUNTY REGISTRY OF DEEDS
JOHN F. MEADE, REGISTER
Trans#: 162803 Oper:RENE
---------------------------
Book: 18513 Page: 291 Inst#: 32382
Ctl#: 1964 Rec:4-28-2004 @ 2:09:03p
BARN 1047 FALMOUTH ROAD
DOC DESCRIPTION TRANS AMT
--- ----------- ---------
1 BARNSTABLE TOWN OF
NOTICE
10.00 rec fee 12.00
Surcharge CPA $20.00 20.00
State Fee $40.00 40.00
Surcharge Tech $5.00 5.00
State/County pg adj 2.00-
Total fees: 75.00
Ctl#: 1965 Rec:4-28-2004 @ 2:09:03p
DOC DESCRIPTION TRANS AMT
POSTAGE FEE
Mail per page fee .50
Ctl#: 1966 Rec:4-28-2004 @ 2:09:03p
DOC DESCRIPTION TRANS AMT
IMPRINT COPY
Imprint Copy Fee - .50
*** Total charges: 76.00
CASH PMT PAYMENT -CASH 76.00
F
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04 MAR' 26 PM 2: '
"RMM"' _
11
BAR LUP11
UN, CLERK
Town o.Barnstable
Zoning Boad of A s°
Decision and Notice
Appeal 2004-44- Omnipoint Holdings,Inc
Modification of Variance 2000-31
To Allow Co-location of Communication Facilities on an Existing Tower
Summary: Granted with Conditions
Petitioner: Omnipoint Holdings,Inc
Property Address: 1047 Falmouth Rd.,Hyannis,MA
Assessor's Map/Parcel: Map 250,Parcel 004
Zoning: Residential D-1 &GP-Groundwater Protection Overlay Districts
Relief Requested &Background:
The applicant seeks to co-locate communication antennas on an existing monopole tower and to add
communication equipment within the fenced-in area at the base of the tower. The tower is located along
Route 28 on property commonly referred to as the"Child's Building." To accomplish this,the applicant
has requested a modification of Variance 2000-31 which authorized the tower structure.
The locus is a 0.83-acre lot improved with a two-story office building of approximately 5,611 sq.ft. and a
120-foot monopole communication tower. A fenced in area of 33 by 21 feet contains related
communications equipment and a back-up electrical generator. The tower was permitted by Bulk Variance
No. 2000-31 issued to Sprint Spectrum,LP on March 29,2000. That variance authorized replacement of a
115-foot lattice communication tower with a 120-foot monopole communication tower.
Procedural &Hearing Summary:
This appeal was filed at the Town Clerk's Office and at the Office of the Zoning Board of Appeals on
December 30, 2003. An extension of time for holding the public hearing and-for filing of the appeal was
executed between the applicant and the Board. A public hearing before the Zoning Board of Appeals was
duly advertised and notice sent to all abutters in accordance with MGL Chapter 40A. The hearing was
opened March 17,2004, at which time the Board found to grant the modification of Variance 2000-31.
Board Members deciding this appeal were Richard L.Boy, Sheila Geiler,Jeremy Gilmore, Gail Nightingale
and Chairman Daniel M. Creedon Ill.
Attorney Ricardo M. Sousa represented this request by Omnipoint to co-locate communication antennas and
equipment for T-Mobile on the monopole tower. Also present was Jah Luutu,a technician with the
company. Mr. Sousa explained the proposal was to flush mount three antennas centered at the 88-foot
elevation on the existing tower. He noted that a prior modification had been granted by the Board but that
modification was not exercised and has expired. Mr.Luutu described the coverage and confirmed that at
this height the overall coverage effect was less than a mile.
The public was invited to comment and testify and no one spoke in favor or in opposition to the request.
l
1
Findings of Fact:
At the hearing of March 17, 2004,the Board unanimously made the following findings of fact:
1. Appeal Number 44 of 2004 is that of Omnipoint Holdings,Inc. seeking a Modification of Variance
Number 2000-31. The applicant is seeking to install and operate a personal wireless communication
facility for its subsidiary T-Mobile on the existing communication tower and ground equipment located
within the existing compound at the base of the tower. The property is located as shown on Assessor's
Map 250, Parcel 004 addressed as 1047 Falmouth Road/Route 28,Hyannis,MA in a Residence D-1
Zoning District.
2. The applicant seeks a modification of a prior Zoning Board decision to allow the co-location of
communication antennas on an existing monopole tower and to add communication equipment within
the fenced-in area at the base of the tower. The tower is located along Route 28 on property commonly
referred to as the"Child's Building." To accomplish this,the applicant has requested a modification of
Variance 2000-31 which authorized the tower structure.
3. The locus is a 0.83-acre lot improved with a two-story office building of approximately 5,611 sq.ft., and
a 120-foot monopole communication tower. A fenced in area of 33 by 21 feet contains related
communications equipment and a back-up electrical generator. The tower was permitted by Bulk
Variance No. 2000-31 issued to Sprint Spectrum,LP on March 29,2000. That variance authorized
replacement of a 115-foot lattice communication tower with a 120-foot monopole communication tower.
4. On February 21,2002, a Judgment on Appeal 2001-19 amended and modified Variance 2000-31
permitting AT&T to co-locate on the tower. In April of 2002,AT&T was issued a building permit for
the co-location of the antennas and installation of the base communication equipment. That building
permit was not acted upon nor renewed and the permit automatically terminated one year later. The
inactivity on the part of AT&T after the issuance of the building permit lead to the building permit being
canceled and effected the expiration of the variance issued for that modification(Appeal 2001-19).
5. The applicant today is Omnipoint Holdings, Inc. seeking a modification of the original Variance 2000-
31 issued to Sprint Spectrum LP. According to information submitted, Omnipoint Holdings,Inc.,has an
executed 5-year lease with Sprint Spectrum Realty Company,L.P. A copy of a Site Lease
Acknowledgement signed by both parties was submitted as Attachment 4 to the application.
6. Omnipoint's proposal is for three-flush mounted antennas in one-array centered at the 88-foot elevation.
The prior AT&T modification was for six-flush mounted antennas in two-arrays, one centered at the 91-
foot elevation and the second at the 84-foot elevation.
7. The Site Plan for Omnipoint's proposal that is now before the Board was administratively approved by
the Building Commissioner on December 18, 2003.
8. This proposed modification can be granted without substantial detriment to the public good and without
nullifying or substantially derogating from the intent,or purpose of the Zoning Ordinance.
Decision:
Based on the findings of fact,a motion was duly made and seconded to grant the modification as follows:
• Condition 1 is changed to read:
2
f
1) The property shall be developed in accordance with the approved site plan entitled,"Plans Elevations
Details and Notes"Sheet Number Z-1 as drawn for T-Mobile 50 Visions Boulevard,East Providence,RI
as drawn by AD Atlantic Communication Technologies,Inc., last revised date of 07/02/03.
• Condition 8 is changed to read:
8) There shall be no more than nine(9) antennas from Sprint Spectrum,LLP,two(2)whip antennas
and three(3) T-Mobile flush mounted antennas in accordance with the plan submitted."
All other conditions of Variance 2000-31 shall remain in full effect and the following added conditions
imposed:
9) The location of any new concrete pad(s) shall maintain a 10-foot setback from all cesspools and
leeching fields.
The vote was as follows:
AYE: Richard L. Boy, Sheila Geiler,Jeremy Gilmore,Gail Nightingale, and Daniel M. Creedon III.
NAY: None
Ordered:
Appeal 2004-44 has been further modified and amended Variance 2000-31. This decision must be recorded
at the Registry of Deeds for it to be in effect. The relief authorized by this decision must be exercised in one
year. Appeals of this decision, if any, shall be made pursuant to MGL Chapter 40A,Section 17,within
twenty(20)days after the date of the filing of this decision,a copy of which must be filed in the Town
Clerk's Office.
Daniel M. Creedon III, Chairman 15a&Signed
I,Linda Hutchenrider, 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 officLift7he Town Clerk.
Signed and sealed this day 44e PT u "er t e Dains doper lties of perjury.
Go �
Linda Hutchenrider,Town Clerk
3
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TOWN OF BARNSTABLE BUILDING PERMIT APPLICATION
Map Parcel Parcel Permit# �.
Health Division Date Issued
Conservation Division Fee &0� s ,
Tax Collector
Treasurer
Planning Dept.
Date Definitive Plan Approved by Planning Board
Historic-OKH Preservation/Hyannis
Project S714-AIAJi
t Address St r��7 AL/y1Gti7�l C_P/fN�
Village U '
Owner ca&, L� £�/ Address /e9`17 J ,4�nav l- ✓Rr�
Telephone
Permit Request � ` ��/✓�9� i�/S ,¢�t/T�ii/J7/f� wl✓ �('c�,��✓b! � iN�T�G�
Square feet: 1 st floor: existing proposed 2nd floor: existing proposed Total new
Valuation -,Qg Zoning District 4D - f _Flood Plain Groundwater Overlay
1
Construction Type
Lot Size Grandfathered: ❑Yes ❑No If yes, attach supporting documentation.
Dwelling Type: Single Family ❑ Two Family ❑ Multi-Family(#units)
Age of Existing Structure Historic House: ❑Yes ❑ No On Old King's Highway: ❑Yes ❑No
Basement Type: ❑ Full ❑Crawl ❑Walkout ❑Other
Basement Finished Area(sq.ft.) Basement Unfinished Area(sq.ft)
Number of Baths: Full: existing new Half:existing new
Number of Bedrooms: existing new
Total Room Count(not including baths): existing new First Floor Room Count
Heat Type and Fuel: ❑Gas ❑Oil ❑ Electric ❑Other
Central Air: ❑Yes ❑ No Fireplaces: Existing New Existing wood/coal stove: ❑Yes ❑ No
Detached garage: ❑existing ❑new size Pool: ❑existing ❑new size Barn:❑existing ❑new size
Attached garage:❑existing ❑new size Shed:❑existing ❑new size Other:
Zoning Board of Appeals Authorization W"Appeal# 200-3l Recorded❑
Commercial ❑Yes ❑ No If yes, site plan review#
Current Use 0JgS5 h&_ Frrr�/.�/ 61kkb I roposed Use (222* -
i
BUILDER INFORMATION
Name (%—r�/l1 Telephone Number � �
Address l� License#
Home Improvement Contractor#
Worker's Compensation#
ALL CONSTRUCTION DEBRIS RESULTING FROM THIS PROJECT WILL BETAKEN TO
SIGNATURE ` DATE ���
s
a ' , FOR OFFICIAL USE ONLY
3 _ ,
PERMIT NO.-
DATE ISSUED
MAP/PARCEL NO.
ADDRESS VILLAGE
OWNER
DATE OF INSPECTION:
FOUNDATION
FRAME
INSULATION
FIREPLACE
= f
ELECTRICAL: ROUGH FINAL
PLUMBING: ROUGH FINAL
GAS: ROUGH FINAL
FINAL BUILDING,
DATE-IGLOSED OUT
ASSOCIATION PLAN NO.
t
'a
t
BOARD OF BUILDING REGULATIONS
CONSTRUCTION SUPERVISOR
License.
072440
Number: CS
5084
Tr,no:
Expires:08/2512003
Restricted: 00
• KENT B WEINHEIMER
105 WOOD ST MA 01522 Administrator
JEFFERSON,
4
Tlie Commonwealth of Massachusetts
Department of Indwstrial Accidents
-� , _�_ , OJ}Icr olhr�a�Osl7oas'
--_ - 606 Washington Street
Boston,Mast 02111
Workers' Cam enaction Insurance ATIdavif
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❑ I am a homeowner pedmmmag all wO&myself
❑ I am a sole propnetor and hm.no one wodd=in aa4 P --
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❑ I am an employer Pmvidiagworkers' aafor my emglayyeaii vvaaiaag tm this job.
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FaOsore to sesso<s eowers"as regdeed order Beetloa 2SA otMGL L4 t=lasd to eb tmprrlieadsafsdad petuaim of s ftU ap to tI.S"and/or
nor Tears'haprboumn s as wea as dTa pesialdn to thr form of a stop wioBK op=d a aw d=ioom a day a;dmt ors. r=dsrstsmd Ehst s
a w of thb stet—t my be forward"to the OMw of Iamstit*l=of dw=kfor.covarep TVI*dasdM
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dty.or town: psdlNesssr N ❑Butat peps uwcd
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contact person: pbu M; ❑Otb"
O mw 0193 PJA)
Information and Instructions
assachusetts General Laws chapter ISZ section ZS requires all.employers to provide workers' compensation for thdir4,cow,...
iplovecs. As quoted from the "law", an employee is d m
defined as every person in the service of another under .
hire, e.grrss or implied, oral or written_
i employer is defined as an individual;partnership, association,corporation or other legal entity, or any VVO or.more of
foregoing engaged is a joim enterprise. and including the legal repzrsentasives of a deceased.emplover, or the rtc.-aver 0-,
u-tce of an individual.,partnership, association or other legal entity, employing employees. However the owarr of a
veiling house having not more than three apartmcros and who resides therein,or the occupant of the dwelling house of
Other who employs persons to do maintenance, comsttucticn or repair wade on such dwelling house or on the grounds cz
thereto shall not because of such cmploymcat be deemed to be an employer.
aiding appurteaarzt, _ . .
:GI:chapter I52 section ZS also states that every state or Iocal•liceasiag agency-shall withhold the issuance or renewal
a license or permit to operate a business or to construct buildings in the commorrvealth for any applicant who has
)t produced acceptable evidence of compliance with the, rnran=coverage required. Additionally,neithcrthe
mmoaweaith nor any of its political subdivisions shall oriel iffio nay CQ==for the performance of public work until
;ceptable evidence of compiiaace with the insurance rt:r of this chap=have been preseaud the caztan�"
rthority. -
PPlicants
lease fill in the walk=' compensation affidavit=mpletely,by A=king the.box that applies to your situation and
address and hone mmmbers along with a a'af in=a=as al affidavits maybe
ipPlm$ s' p Also be sure'to sign and
anitted to the Departmegt of Industrial Accidents for cozamladmn of insurance coverage.
ate the affidavit The affidavit should be.retamed to the city or to that the application for the permit or lir-=r is
nng requested,not the DepartraMt of Industrial Accidents-.Should yea have nay questions regarding the"law"or if Sou
;e required to obtain a workers' campensatiaia policy,please-can the Department atthe number listed below• .
'ity or Towns
' D artmcathas dcd a space atthe bottom of thr
lease be sure that the aff davit is campkta and panted legiibly. eP Pr h� pyre
davit for yoti to fill out in the eventthe Office of has to.caatactyou regarding �P
e sure to fill in the pe�iilliccnsa number which will be used as a tt�Crmca number. The affidavits may be zt> "t^
>r Department by mail or FAX unless other a=gcmcols have beenmade.
he office of Investigations would like to thank you is advance for you coop
=ad=and should you have any questions.
lease do not hesitate to give us a call:
be Departracai's address,telephone and faxn=ber:
The Commonwealth Of Massachusetts
Department of Industrial Accidents
clace of,lmrostloadons
600 Washington Street
Boston,Ma. 02111
fax#: (617) 727-7749
phone #: (617) 727-4900 exL.406, 409 or 375
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RBS 2106
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The RBS 2000 family _
RBS 2106 is a high capacity, outdoor macro radio supports a wide range of �
base station supporting up to twelve transceivers per pp }
cabinet. It is possible to build one, two and three sector applications ranging from
band configurations in one extreme coverage to extreme '
configurations including dual capacity. Being a RBS 2000
cabinet. member guarantees coexistence
with the installed base of RBS 200
Being the latest member in the RBS 2000 family,
Be g and RBS 2000 products. Ericsson's
RBS 2106 is to date the most powerful outdoor RBS in nchronization based BSS features
the world. Keeping the successful characteristics of the s Y
ensure that transceivers from different generations
existing RBS 2000 portfolio and improving functionality of radio base stations can easily form common cells.
as well as operation and maintenance makes the Operators can therefore bridge the past with the future.
RBS 2106 a very cost-effective solution for growing
By making existing sites futureproof, investments are
GSM operators. protected while migrating to 3q.
� 1
` 10/28/01
Revision A
Ericsson GSM Base Stations
The GSM high capacity macro base stations are available in two versions, both of
which are pre-assembled cabinets that include the necessary radio and power
equipment needed to support the quick deployment of a base station in the field.
For indoor applications such as Shelters or Tennant Improvement sites the RBS
2206 would be used in conjunction with the BBU 2000 Battery Rack. Outdoor
applications are supported by the RBS 2106 which is a single stand-alone cabinet.
Both models provide support for up to 12 transceivers and from 1-3 sectors. Listed
below is some additional information concerning both models.
AC Power Requirements:
Model AC Input Voltage Max. Breaker Size
RBS 2206 120 VAC 4 x 15 Amp.
or
200-250 VAC 4 x 10 Amp.
RBS 2106 200-250 VAC 1 x 50 Amp. Or 3 x 32 Amp.
Cabinet Dimensions and Weight:
Model Height Width Depth Weight
RBS 2206 72 7/8" 23 5/8" 15 %" 506 lbs.
RBS 2106 63 '/2" w/o Mtg. 51 3/16" 28" for Mtg. 1,211 lbs.
Base (see note Base w/o batteries
69" with Mtg. below) 37" w/Door
Base
BBU 2000 72 7/8 23 5/8" 15 3/a' 728 lbs.
Note: The placement of the RBS 2106 Exterior Cabinet must allow for the door to
open a minimum of 135 degrees from the closed position. This is required to allow
sufficient clearance for the replacement of components within the cabinet.
Battery Backup:
Both the RBS 2206 and RBS 2106 cabinets being deployed as part of the initial
market rollout for GSM include 1 hour of battery backup.
i
Cable Entry Points for Cabinets:
The RBS 2206 Indoor Cabinet and the BBU 2000 Battery Cabinet provide for all
cables to enter through the top of the cabinet.
The RBS 2106 Outdoor Cabinet provides for all cables to enter through the cabinet
mounting base. The cabinet base unit is a separate unit that is between the cabinet
and the pad or platform and provides a area for connecting the power and telco
conduits and an entry point for the jumpers.
i
` 1 (2)
C /
Tower 1300
.�. ._._.D.-ble.vaY--------------P."Extension RBS 2102
_ cabinet 710
i )�35 r' 35 i2010
i
i
i
Tower 135°� en- R B S t `
Ion 2102
•- - - - - - cabinet `
135° �.�•
1420 v
4020
Unit of measurement:mm
P002WM
Proposed extension layout
If a tent is to be used to protect the cabinet during maintenance work,
there must be a free space of 500 mm on both sides of the cabinet and
50 mm on the rear side.
760
a�IL
11 I 1 1
11 I I 1
11 I 1 1
I I 1
11 1 I 1 r•
11 I 1 1
11 1 I .t 1
11 I I .•�• 1
�4• 135°
11 ••. w
'I �300
Unit of measurement:mm POo71Y4A
External dimensions of the cabinet and the base frame i
10/28/01
Revision A
Cabinet Grounding Points:
The RBS 2206 Indoor Cabinet and the BBU 2000 Battery Rack provide for
connecting of the equipment ground cable at the top of the each cabinet.
The RBS 210.6 Outdoor Cabinet provides for connecting of the equipment ground
cable inside the cabinet at the lower right.
Maximum Distance between the RBS 2206 Cabinet and the BBU 2000 Battery
Rack:
The maximum cable distance that the BBU 2000 Battery Cabinet can be placed from
the RBS 2206 Indoor Cabinet is 15 meters (49.21 feet).
Connection of AC power to the RBS 2206 Indoor Cabinet:
There are no provision for feeding of AC power to the RBS 2206 Cabinet with
conduit. The prescribed method is to provide 4 separate circuits terminated in 4 twist
lock receptacles mounted less than 6 feet from the top of the cabinet. The cabinet
will be connected by using 14/3 SJ Cord with a Nema 1-6-15P plug up to a maximum
of 6 Ft. in length out through the top, of the cabinet.
i
2 (2)
J'
s
UNITED STATES DISTRICT COURT
DISTRICT OF MASSACHUSETTS
Civil Action No. 01-CV-1141?5-RCL
AT&T WIRELESS PCS,LLC,
d/b/a AT&T WIRELESS SERVICES, )
Plaintiff, ) .
V.
c `Q
TOWN OF BARNSTABLE,MASSACHUSETTS, )
ZONING BOARD OF APPEALS of the TOWN OF )
BARNSTABLE, RON S. JANSSON, GAEL )
NIGHTINGALE, RICHARD L. BOY, RALPH )
COPELAND, DANIEL M. CREEDON,THOMAS )
DeRIEMER, JEREMY GILMORE and RANDOLPH )
CHILDS, as they are Members and Associate Members of )
the Board )
Defendants. 1
JUDGMENT
Pursuant the terms of the parties' Agreement for Judgment filed with this Court and to
Section 704 of the Telecommunications Act of the Telecommunications Act of 1996 Pub. L. No.
104-104 ("the Telecommunications Act"), codified at Section 332(c)(7)of the Communications
Act of 1934, 47 USC §§ 151-691, final judgment shall enter with regard to the Plaintiff's
application for a modification of a variance to install and operate its wireless communications
facility on and next to an existing Sprint monopole at 1047 Falmouth Road (Rt. 28), Hyannis,
Massachusetts owned by Sprint Spectrum, LP(the"Sprint monopole") and the decision of the
i
Zoning Board of Appeals (Board's) filed with the Barnstable Town Clerk on August 8, 2001,
shall be and hereby is (a) vacated to the extent it denied zoning relief and(b)the variance in
Barnstable Zoning Board of Appeals' Appeal No. 2000-31is hereby modified to permit Plaintiff
1
i
f
`AT&T Wireless PC, LLC ("AT&T Wireless") to install and operate six (6) closely mounted
cross-polar antennas, three with a centerline elevation of 91' AGL and three (3) with a centerline
elevation of 84' AGL on and next to the aforementioned Sprint monopole in accordance with the
following plans and specifications and any necessary construction drawings to effectuate the
same plans prepared for AT&T Wireless by SFC Engineering Partnership, Inc., consisting of a
Title Sheet (T1), Site Overview Plan (C-1), Site Plan (C-2),Tower Elevation and Antenna
Location Plan (C-3), Details(D-1), Electrical Plan, Riser Notes and Details (E-1) and Grounding
L
Details (G-1), dated October 20, 2000, revised September 26 and 27,2001;as further amended
by specifications for Ericsson equipment cabinet RBS 2106 (collectively, the "Revised Plans").
Further, said zoning relief shall be subject to the following conditions:
All of AT&T Wireless's antennae shall be mounted on the Sprint monopole as
shown on the Revised Plans and no more than a total of six (6) antennae shall be
installed;
2. AT&T Wireless shall perform, or cause to be performed, the new landscaping as
shown on the Revised plans and shall assure that said landscape plan is
maintained and .
3. If equipment installed by AT&T Wireless on and next to the Sprint monopole is
abandoned, which is defined as the failure to use said equipment for more than
one year, all of AT&T Wireless's equipment shall be removed within thirty(30)
days thereafter at AT&T Wireless's sole cost and expense.
Variance 2000-31, issued by the Board to Sprint Spectrum, LP on March 29,2000, shall
be and hereby is amended and modified to permit AT&T Wireless's installation in accordance
with the Revised Plans and subject to the conditions listed above. All other provisions of
Variance 2000-31 shall remain in full force and effect.
i
2
�h
The Defendant Town of Barnstable shall file a copy of this Judgment with the Barnstable
Town Clerk, reflecting the modification of the Decision herein within fourteen (14)business
days of receiving actual notice of the entry of this Judgment.
The parties further stipulate and agree that there is no just cause for delay in the
immediate issuance of said zoning relief by this Judgment alone, and the Agreement for
Judgment and with no other actions, meetings, hearings or decisions of the Board being
necessary.
This Judgment allows for the immediate construction and operation of the AT&T
Wireless Facility at the locus in accordance with the Revised Plans and any construction
drawings effectuating the same, with no other actions, meetings,hearings or decisions being
necessary with respect thereto.
Prior to the issuance of any building permit, AT&T Wireless shall dismiss with prejudice
and without costs the state court litigation it has filed regarding the locus (AT&T Wireless PCS
LLC v. Town of Barnstable, et al,Case No. 01-548,Barnstable Superior Court) and upon the
issuance of a building permit shall withdraw as moot all pending applications before the Zoning
Board of Appeals (Appeal Nos. 2001-129 and 130).
All state law claims set forth in the Complaint are hereby voluntarily dismissed with
prejudice (subject to the final paragraph of this Judgment) and without costs.
the Defendant Town of Barnstable through-its-agents-or-officers,-shall, within-30 days-of
application therefor, forthwith issue a building permit for the Plaintiff's wireless communication
facility, provided that the Building Commissioner determines that all requirements and
conditions of this Judgment'have been fulfilled and, subject to the judgment AT&T Wireless'
building permit request is otherwise in compliance with all other applicable laws.
i
r
There shall be no costs or attorneys fees to either party.
The term AT&T Wireless as used in this Judgment shall refer to the Plaintiff AT&T
Wireless PCS, LLC, and its employees, agents,contractors, successors, assigns and affiliates.
This Judgment resolves all Plaintiffs pending
n claims against the Defend
ants with respect
to AT&T Wireless's proposed wireless communications facility at the site of the existing Sprint
monopole at the locus at 1047 Falmouth Road(Rt. 28) in Hyannis, Massachusetts but shall have
no effect on any party with respect to any future applications for zoning relief at this location or
in other locations in Barnstable or on any litigation which may arise out of any such future
applications. Nothing in the previous sentence shall be construed as precluding either party from
(a) considering the wireless communications facility allowed under this Judgment in determining
whether a significant gap of service exists vis a vis future applications or(b)considering the
extent to which the wireless communications facility on the locus including the antennae array
which is the subject matter of the present judgment contributes to the cumulative visual impacts
upon both residential and non-residential areas which the Town of Barnstable may consider in
reviewing future applications for zoning relief to determine adverse visual impacts for the
purpose of deciding whether to grant, deny or place conditions upon such future applications.
the Cowl,
Dated: February, 2002.
4
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re. _
�-r-l--�:••:,roC;'4T� :.> -.:-+.--.a.e•....iays:n..=.s-•,+-.n-.cPma•.-ee:vd.id+x.±�—.- - - - '.'..,_ - .iTi-.,-... ? ' -__- -.. .
lit—
: .. TC�i'-N CLERK
BARNSTABLE. MASS.
UNITED STATES DISTRICT COURT
DISTRICT OF MASSACHUSETTS M MAR —I Ali is 50
Civil Action No. 01-CV-11495-RCL
AT&T WIRELESS PCS, LLC, )
d/b/a AT&T WIRELESS SERVICES,
-Plaintiff, )
V. )
TOWN OF BARNSTABLE, MASSACHUSETTS i ;,{ �. :1��1'-°�� �` t ^ D�-
' "U:.,c:N{ IS A FULL,TRUE '
ZONING-BOARD OF APPEALS of the TOWN OF ° ;x HE ORIGINAL ON FILE
BARNSTABLE, RON S. JANSSON, GAIL ° ' � L CUSTODY.'
• NIGHTINGALE RICHARD L. BOY, RAIPH �j COPELAND, DANIEL M. CREEDON, THOMAS r� ": `: S
„5 ':{5`l �i'rLyS" IT COURT
et< V +�.'.• ire +.y. V
DeR1EMER, JEREMY GILMORE and RANDOLPH ��` ,=w?1 �'-1 F t�a�-- ,�`i✓HUSETTS
CHILDS, as they are Members and Associate•Members o ^;. Sc
the Board ����-'�''"
JUDGMENT
Pursuant the terms of the parties' Agreement for Judgment filed with this Court and to
Section 704 of the Telecommunications Act of the Telecommunications Act of 1996 Pub. L. No.
104-104. ("the Telecommunications Act"), codified at Section 332(c)(7)of the Communications
Act of 1934, 47 USC §§ 151-691, final judgment shall enter with regard to the Plaintiff's
application fora modification of a variance to install and operate its wireless communication:;
facility on and next to an existing Sprint monopole at 1047 Falmouth Road (Rt. 28), Hyannis,
Massachusetts owned by Sprint Spectrum, LP (the "Sprint monopole").and the decision of the
Zoning Board of Appeals (Board's) filed with the Barnstable Town Clerk on August 8, 2001.
shall be and hereby is (a) vacated to the extent it denied zoning relief and.(b) the variance in
Barnstable Zoning Board of Appeals' Appeal No. 2000-3 Lis hereby modified to permit Plaintiff.
1
.rr�-_t=�z.ia-mv. _ _ _ c;tu- iL_� .z•r.c = - - - �.:._�_ ;5�. ,� _ ..:.. .-�
;a''z..�err�. •_.-v-a--__ . .__�'�•;:. .. -=E - :3�5_=e�-__ _ _ r:z.,._may =:t3.e_s_,s+ -oar_ __ r�p�= Y,..rr:' . -1 �"P_•�et •,'-.?^? _
.__- _.__•'_Q...-_��...•_._y.+.t-,?f=-?�-'�T3''�y,•�T=`'. 's T-'_*_• '- __ _- _ _ � r--`?.- --5.i•:a::a:z:_:e::a-�.- ....
01
/� _ _ —_CfT!i i �2-a..:_ •]^�—. �-L.•. .� __ .. •'\ '^PT .n Y1v.!_a]). .e Y2 n ._-0-. _.�. .:f.: ..
AT&T Wireless PC, LLC ("AT&T Wireless") to install and operate six (6) closely mounted
cross-polar antennas,.three with a centerline elevation of 91' AGL and three.(3) with a centerline
elevation of 84' AGL on and next to the aforementioned Sprint monopole in accordance with the
following plans and specifications and any necessary construction drawings to effectuate the
same plans prepared for AT&T Wireless by SFC Engineering Partnership, Inc., consisting of a
Title Sheet (T1), Site Overview Plan,(C=1), Site Plan (C-2), Tower Elevation and Antenna
Location Plan (C-3), Details (D-1), Electrical Plan, Riser Notes and Details (E-1) and Grounding
Details (G-1), dated October 20, 2000, revised September 26 and 27, 2001, as further amended
by specifications for Ericsson equipment cabinet RBS 2106 (collectively, the "Revised Plans"),' .
Further, said zoning relief shall be subject to the following conditions:
l. All of AT&T Wireless's antennae shall be mounted on the Sprint monopole as
shown on the Revised Plans and no more than a total of six (6) antennae shall be
installed;
2. AT&T-Wireless shall perform. or cause to be performed, the new landscapinIg as
shown on the Revised plans and shall assure that said landscape plan i.s
maintained and .
3. If equipment installed by AT&T Wireless on and next to the Sprint monopole is
abandoned, which is defined as the failure to use said equipment for more than
one year,.all of AT&T Wireless's equipment shall be removed within thirty (3Q)
days thereafter at AT&T Wireless's sole cost and expense.
Variance 2000-31, issued by the Board to Sprint Spectrum, LP.on March 29, 2000, shall
be and hereby is amended and modified to permit AT&T Wireless's installation in accordance
with the Revised Plans and subject to the conditions listed above. All other provisions of
.Variance 2000=31 shall remain.in full force and effect.
2 h '=
:tea:
a�x:
1e!•!• •.ids� ,lxT aev�r`
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`9+•'e-rrm--i-rr.r�r�-mm'.' '.`tz-+�� '—�+�:.Tr-vc.a-.-iT•_-e+rr—lcd3esl--i-ei--r_T.�:=- _ r�irs.�-+--a _ _ - _ t?i'.
_ Zl !'�•` h. �.� .:i'L�Yt:ram•:=.:.�—
The Defendant Town of Barnstable shall file a copy of this Judgment with the Barnstable
Town Clerk, reflecting the modification of the Decision herein within fourteen (14) business
days of receiving actual notice of the entry of this Judgment.
The parties further stipulate and agree that there is no just cause for delay in the
immediate issuance of said zoning relief by this Judgment alone, and the Agreement for
Judgment and with no other actions, meetings, hearings or decisions of the Board being
necessary.
This Judgment allows for the immediate construction and operation of the AT&T
Wireless Facility at the locus in accordance with the Revised Plans and any construction
drawings effectuating the same, with no.other actions., meetings, hearings or decisions being
necessary with respect thereto.
Prior to the issuance of any building permit. AT&T Wireless shall dismiss with prejudice
i and without costs the state court litigation it has filed regarding the locus (AT&T'Wireless PCS�
LLC v. Tow►i of Barnstable, et al, Case No. 0I:S4S. Barns tab le,Super or Court),and upon-the
issuance of�rbuilding'permit shall withdrawas-moot gill pending applications before the Zoning
Board of Appeals (Appeal Nos. 200_I-129 and 130).
All state law claims set forth in the.Complaint are hereby voluntarily dismissed with
prejudice (subject to the final paragraph of this Judgment) and without costs.
The Defendant Town of Barnstable through its agents or officers, shall, within 30 days of
application therefor,.forthwith issue a building permit for the Plaintiff'swireless communication
facility, provided that the Building Commissioner determines that all requirements and
conditions of this Judgment have been fulfilled a`nd,subject to the judgment AT&T Wireless'
bui�peirmitequest is_othe�wise_in compliance with all other applicable laws..
3 i
rr T.= - .:i.,.ti-- •ri� — __ _ _ _ _ - _L_..y_�Y- •fit<__ _ - _ `MY�_
,5. �'.$ __ -�^-�+1SaY�.r-:i-;1_ C�.22_f-� T-r.•-::t�v�z�e!t^:_O?_e:-Y�.;,-..•t'x',.��- vw.
There shall be no costs or attorneys fees to either party.
The term AT&T Wireless as used in this Judgment shall refer to the Plaintiff AT
Wireless PCS, LLC, and its employees, agents, contractors, successors, assigns and affiliates.
This Judgment resolves all Plaintiff's pending claims against the Defendants with respect
to-AT&T Wireless's proposed wireless communications facility at the site of the existing Sprint
monopole at the locus at 1047 Falmouth Road (Rt. 28) in Hyannis, Massachusetts but shall have
no effect on any party with respect'to any future applications for zoning relief at this location or
in other locations in Barnstable or on any litigation which may arise out of any such future
applications. Nothing in the previous sentence shall be construed as precluding either party from
(a) considering the wireless communications facility allowed under this Judgment in determining .
,whether a significant gap of service exists visa vis future applications or (b) considering the
extent to which the wireless communications facility on the locus including the antennae array
which is the stibjeCL matter of the present judgment contributes to the cumulative visual impacts
Upon both residential and non-residential areas which the Town of Barnstable.may consider in
reviewi1117 fLltUre applications for zoning relief to determine adverse visual impacts for the
purpose of deciding whether to grant, deny or place conditions upon such future applications.
-'B the Court,
l�•I
r r
Dated: Februai h 2002.
C
4
Town of Barnstable
Legal Department - Town Attorneys' Office
367 Main Street, Hyannis MA 02601-3907
Inter-Office Memorandum
Robert D. Smith,Town Attorney Office: 508-862-4620
Ruth J.Weil, 1st Assistant Town Attorney Fax: 508-862-4724
Claire Griffen,Paralegal/Legal Assistant
T. David Houghton,Assistant Town Attorney
Claudette Bookbinder,Legal Clerk
To: Zoning Board of Appeals
From: Ruth J. Weil, First Assistant Town Attorney [ ]
Date: 1/4/02
Subject: Summary of the Proposed Settlement in the case of AT&T
Wireless v. Town of Barnstable, C.A. No. 01-11485 (United States District
Court)
Legal Ref. #2001-0194 & #2001-0195
------------------------------------------------------------------------------------------------------------
Background: In Appeal Nos. 2001-19, the Zoning Board of Appeals,
denied the petition filed by AT&T Wireless to modify a variance granted to Sprint
Spectrum, L.P., which allowed the replacement of a 115 foot communications
tower. The proposed modification sought to modify several conditions on the
variance to allow the co-location of antennas on the existing tower. The two
negative votes were based upon the adverse visual impacts of the proposed
antennas. AT&T Wireless filed appeals of the Boards' denial in the Federal
District Court and in the Barnstable Superior Court. Subsequent to the filing of
the litigation, AT&T Wireless submitted revised plans and filed a new petition for
a Modification of a Variance, stating that the plans represented specific and
material changes from the previous proposal. On this basis and pursuant to G.L.
c. 40A, s. 16, AT&T Wireless applied to allow the rehearing of its request for the
[2001-0194&2001-0195\zbamem2] 1
f
variance modification within the two-year's of the initial denial. On November 7,
2001, the Board, after public hearing found that the revised plans showed a
totally different array that located the antennas closely mounted to the monopole
as opposed to the originally proposed triangular array. On this basis, the Board
found that there were specific and material changes in the conditions, lowing for
the reapplication to be heard. The case was continued until January 23, 2002, to
allow for the Planning Board to determine whether it consented to the rehearing.
The Planning Board so voted on its meeting of January 7, 2002.
SETTLEMENT AGREEMENT
Based upon the revised plans which endeavored to address the concerns
raised by the two negative votes as to the adverse visual impact of the antenna
and in an effort to resolve all pending litigation, a negotiated settlement has been
reached with AT&T Wireless. With regard to the antenna arrays, page C-3 of
the submitted plans show two proposed antenna arrays that are closely mounted
to the tower at center line 91 feet and 84 feet. The revised plans also replace
the chain link fence with a stockade fence to screen the ground equipment. The
previously-granted variance would be modified to allow the co-location of the 6-
attenna array as shown on the plans and the installation of the ground
equipment attendant thereto. The other provisions of the variance would remain
in full force and effect. Judgment would enter in the Federal Court to allow for
the modification of the variance as outlined above and the pending state court
litigation would be dismissed. Appeal Nos. 2001-0129 and 130 would be
withdrawn upon the issuance of the building permit.
[2001-0194&2001-0195\zbamem2] 2
UNITED STATES DISTRICT COURT
DISTRICT OF MASSACHUSETTS
Civil Action No. 01-CV-11495-RCL
AT&T WIRELESS PCS, LLC, )
d/b/a AT&T WIRELESS SERVICES, )
Plaintiff, )
V. )
TOWN OF BARNSTABLE, MASSACHUSETTS, )
ZONING BOARD OF APPEALS of the TOWN OF )
BARNSTABLE, RON S. JANSSON, GAIL )
NIGHTINGALE, RICHARD L. BOY, RALPH )
COPELAND, DANIEL M. CREEDON, THOMAS )
DeRIEMER, JEREMY GILMORE and RANDOLPH )
CHILDS, as they are Members and Associate Members of )
the Board )
Defendants. )
AGREEMENT FOR JUDGMENT
WHEREAS this litigation arose out of the application of the Plaintiff AT&T Wireless
PCS, LLC ("AT&T Wireless") to the Defendants, Town of Barnstable, Massachusetts, Zoning
Board of Appeals of the Town of Barnstable ("Board"), Ron S. Jansson, Gail Nightingale,
Richard L. Boy, Ralph Copeland, Daniel M. Creedon, Thomas DeRiemer, Jeremy Gilmore and
Randolph Childs, as they are members and alternate members of the Board, for modification of a
variance to install and operate its wireless communications facility on and next to an existing
monopole owned by Sprint Spectrum,LP (the "Sprint monopole) which is located at 1047
Falmouth Road (Rt. 28), Hyannis, Massachusetts (the "Sprint monopole");
WHEREAS, Chapter III, Article III, Section 4.8 of the Town of Barnstable Zoning
Ordinance provides for the siting of wireless service communication facilities to minimize
2001-agreejud3
1
adverse visual impacts upon both residential and non-residential areas and the Plaintiff has
submitted revised plans to attempt to minimize alleged adverse visual impact.
WHEREAS the Plaintiff and Defendants named above agree that, although the
Defendants expressly deny any liability or violations of state or federal law with regard to the
Plaintiff, this litigation should be settled forthwith, that there is no just cause for delay, and that a
remand to the Board would serve no useful purpose.
WHEREAS, the Plaintiff and Defendant desire to resolve all applications to the Board
and all appeals to the Superior Court Department and the United States District Court District of
Massachusetts and the parties desire to settle and resolve all outstanding disputes and litigation
between them specifically regarding the subject locus (but not regarding future applications or
any legal issues attendant thereto).
NOW THEREFORE, all parties, through their counsel, stipulate and agree to the entry of
the Final Judgment in the form submitted attached hereto as Exhibit A such that the Board's
Decision filed with the Barnstable Town Clerk on August 8, 2001, on Plaintiff's application for
modification of a variance to install and operate its wireless communications facility on and next
to the Sprint monopole is (a) vacated to the extent it denied zoning relief and (b) the variance in
Barnstable Zoning Board of Appeals' Appeal No. 2000-31is hereby modified to permit Plaintiff
AT&T Wireless to install and operate six (6) closely mounted cross-polar antennas, three with a
centerline elevation'of 91' AGL and three (3) with a centerline elevation of 84' AGL on and next
to the aforementioned Sprint monopole in accordance with the following plans and specifications
and any necessary construction drawings to effectuate the same plans prepared for AT&T
Wireless by SFC Engineering Partnership, Inc., consisting of a Title Sheet (TI), Site Overview
2001-0194/agreejud3
2
Plan (C-1), Site Plan (C-2), Tower Elevation and Antenna Location Plan (C-3), Details (D-1),
Electrical Plan, Riser Notes and Details (E-1) and Grounding Details (G-1), dated October 20,
2000, revised September 26 and 27, 2001, as further amended by specifications for Ericsson
equipment cabinet RBS 2106 (collectively, the "Revised Plans").
Further, said zoning relief shall be subject to the following conditions:
1. All of AT&T Wireless's antennae shall be mounted on the Sprint
monopole as shown on the Revised Plans and no more than a total of six (6)
antennae shall be installed;
2. AT&T Wireless shall perform, or cause to be performed, the new
landscaping as shown on the Revised plans and shall assure that said landscape
plan is maintained and .
3. If equipment installed by AT&T Wireless on and next to the Sprint
monopole is abandoned, which is defined as the failure to use said equipment for
more than one year, all of AT&T Wireless's equipment shall be removed within
thirty (30) days thereafter at AT&T Wireless's sole cost and expense.
Variance 2000-31, issued by the Board to Sprint Spectrum,LP on March 29, 2000, shall
be and hereby is amended and modified to permit AT&T Wireless's installation in accordance
with the Revised Plans and subject to the conditions listed above. All-other provisions of
Variance 2000-31 shall remain in full force and effect. The parties also agree that the Defendant
Town of Barnstable shall file a copy of the Judgment with the Barnstable Town Clerk, reflecting
the modification of the Decision within fourteen (14) business days of receiving actual notice of
the entry of the Judgment.
The parties further stipulate and agree that there is no just cause for delay in the
immediate issuance of said zoning relief by this Agreement for Judgment and the attached
Judgment alone, and with no other actions, meetings, hearings or decisions of the Board being
necessary.
2001-agreejud3
3
The parties further stipulate and agree that the Judgment entered pursuant hereto shall
allow for the immediate construction and operation of the Facility in accordance with the
Revised Plans and any construction drawings effectuating the same, with no other actions,
meetings, hearings or decisions being necessary with respect thereto.
Prior to the issuance of any building permit, AT&T Wireless shall dismiss with prejudice
and without costs the state court litigation it has filed regarding the locus (AT&T Wireless PCS
LLC v. Town of Barnstable, et al, Case No. 01-548, Barnstable Superior Court) and upon
issuance of a building permit shall withdraw as moot all pending applications before the Zoning
Board of Appeals. (Appeal Nos. 2001-129 and 130).
The Defendant Town of Barnstable, through its agents or officers, shall, within 30 days of
application therefor, forthwith issue a building permit for the Plaintiff's wireless communication
facility, at the locus, provided that the Building Commissioner determines that all requirements
and conditions of the Judgment.have been fulfilled and AT&T Wireless' building permit request
is otherwise incompliance with all other applicable laws.
The parties agree to release each other from all claims, losses, costs and expenses,
including but not limited to attorneys' fees and expenses for all activities relating to the zoning
relief sought by AT&T Wireless at 1047 Falmouth Road (Rt. 28), Hyannis,Massachusetts
through the date of judgment in this matter.
This Judgment resolves all Plaintiff's pending claims against the Defendants with respect
to AT&T Wireless's proposed wireless communications facility at the site of the existing Sprint
monopole at the locus at 1047 Falmouth Road (Rt. 28) in Hyannis, Massachusetts but shall have
no effect on any party with respect to any future applications for zoning relief at this location or
2001-0194/agreejud3
4
in other locations in Barnstable or on any litigation which may arise out of.any such future
applications. Nothing in the previous sentence shall be construed as precluding either party from
(a) considering the wireless communications facility allowed under this Judgment in determining
whether a significant gap of service exists vis a vis future applications or(b) considering the
extent to which the wireless communications'facility on the locus including the antennae array
which is the subject matter of the present judgment contributes to the cumulative visual impacts
upon both residential and non-residential areas which the Town of Barnstable may consider in
reviewing future applications for zoning relief to determine adverse visual impacts for the
purpose of deciding whether to grant, deny or place conditions upon such future applications.
TOWN OF BARNSTABLE, et al. AT&T WIRELESS
By their attorneys, By its attorneys,
ROBERT D. SMITH, Town Attorney Stephen D. Anderson, Esq.
B.B.O. No. 469980] (BBO#018700)
RUTH J. WEIL, 1 st Assistant Town Attorney Douglas H. Wilkins, Esq.
[B.B.O. No. 519285] (BBO#528000
T. DAVID HOUGHTON, Assistant Town Anderson &Kreiger LLP
Attorney 47 Thorndike Street
[B.B.O. No. 241160] Cambridge MA 02141
367 Main Street, New Town Hall 617-252-6575
Hyannis,Ma. 02601-3907
(508) 862-4620; (508) 862-4724 Fax
Dated: January 23, 2002
2001-agreejud3
5
y
UNITED STATES DISTRICT COURT
DISTRICT OF MASSACHUSETTS
Civil Action No. 01-CV-11495-RCL
AT&T WIRELESS PCS, LLC, )
d/b/a AT&T WIRELESS SERVICES, )
Plaintiff, )
V. )
TOWN OF BARNSTABLE, MASSACHUSETTS, )
ZONING BOARD OF APPEALS of the TOWN OF )
BARNSTABLE, RON S. JANSSON, GA1L )
NIGHTINGALE, RICHARD L. BOY, RALPH )
COPELAND, DANIEL M. CREEDON, THOMAS )
DeRIEMER, JEREMY GILMORE and RANDOLPH )
CHILDS, as they are Members and Associate Members of )
the Board )
Defendants. )
JUDGMENT
Pursuant the terms of the parties' Agreement for Judgment filed with this Court and to
Section 704 of the Telecommunications Act of the Telecommunications Act of 1996 Pub. L. No.
104-104 ("the Telecommunications Act"), codified at Section 332(c)(7)of the Communications
Act of 1934, 47 USC §§ 151-691, final judgment shall enter with regard to the Plaintiff's
application for a modification of a variance to install and operate its wireless communications
facility on and next to an existing Sprint monopole at 1047 Falmouth Road (Rt. 28), Hyannis,
Massachusetts owned by Sprint Spectrum,LP (the "Sprint monopole") and the decision of the
Zoning Board of Appeals (Board's) filed with the Barnstable Town Clerk on August 8, 2001,
shall be and hereby is (a) vacated to the extent it denied zoning relief and (b) the variance in
Barnstable Zoning Board of Appeals' Appeal No. 2000-31is hereby modified to permit Plaintiff
2001-0194/consent3 1
I
AT&T Wireless PC, LLC ("AT&T Wireless") to install and operate six (6) closely mounted
cross-polar antennas, three with a centerline elevation of 91' AGL and three (3) with a centerline
elevation of 84' AGL on and next to the aforementioned Sprint monopole in accordance with the
following plans and specifications and any necessary construction drawings to effectuate the
same plans prepared for AT&T Wireless by SFC Engineering Partnership, Inc., consisting of a
Title Sheet (T1), Site Overview Plan (C-1), Site Plan (C-2),Tower Elevation and Antenna
Location Plan (C-3),Details (D-1), Electrical Plan, Riser Notes and Details (E-1) and Grounding
Details (G-1), dated October 20, 2000, revised September 26 and 27, 2001, as further amended
by specifications for Ericsson equipment cabinet RBS 2106 (collectively, the "Revised Plans").
Further, said zoning relief shall be subject to the following conditions:
1. All of AT&T Wireless's antennae shall be mounted on the Sprint monopole as
shown on the Revised Plans and no more than a total of six (6) antennae shall be
installed;
2. AT&T Wireless shall perform, or cause to be performed,the new landscaping as
shown on the Revised plans and shall assure that said landscape plan is
maintained and .
3. If equipment installed by AT&T Wireless on and next to the Sprint monopole is
abandoned, which is defined as the failure to use said equipment for more than
one year, all of AT&T Wireless's equipment shall be removed within thirty (30)
days thereafter at AT&T Wireless's sole cost and expense.
Variance 2000-31, issued by the Board to Sprint Spectrum, LP on March 29, 2000, shall
be and hereby is amended and modified to permit AT&T Wireless's installation in accordance
with the Revised Plans and subject to the conditions listed above. All other provisions of
Variance 2000-31 shall remain in full force and effect.
2 2001-0194/consetn3
f
The Defendant Town of Barnstable shall file a copy of this Judgment with the Barnstable
Town Clerk, reflecting the modification of the Decision herein within fourteen (14)business
days of receiving actual notice of the entry of this Judgment.
The parties further stipulate and agree that there is no just cause for delay in the
immediate issuance of said zoning relief by this Judgment alone, and the Agreement for
Judgment and with no other actions, meetings, hearings or decisions of the Board being
necessary.
This Judgment allows for the immediate construction and operation of the AT&T
Wireless Facility at the locus in accordance with the Revised Plans and any construction
drawings effectuating the same, with no other actions, meetings, hearings or decisions being
necessary with respect thereto.
Prior to the issuance of any building permit, AT&T Wireless shall dismiss with prejudice
and without costs the state court litigation it has filed regarding the locus (AT&T Wireless PCS
LLC v. Town of Barnstable, et al, Case No. 01-548, Barnstable Superior Court) and upon the
issuance of a building permit shall withdraw as moot all pending applications before the Zoning
Board of Appeals (Appeal Nos. 2001-129 and 130).
All state law claims set forth in the Complaint are hereby voluntarily dismissed with
prejudice (subject to the final paragraph of this Judgment) and without costs.
The Defendant Town of Barnstable through its agents or officers, shall, within 30 days of
application therefor, forthwith issue a building permit for the Plaintiff's wireless communication
facility, provided that the Building Commissioner determines that all requirements and
conditions of this Judgment have been fulfilled and, subject to the judgment AT&T Wireless'
building permit request is otherwise in compliance with all other applicable laws.
2001-0194/consent3 3
There shall be no costs or attorneys fees to either party.
The term AT&T Wireless as used in this Judgment shall refer to the Plaintiff AT&T
Wireless PCS, LLC, and its employees, agents, contractors, successors, assigns and affiliates.
This Judgment resolves all Plaintiff's pending claims against the Defendants with respect
to AT&T Wireless's proposed wireless communications facility at the site of the existing Sprint
monopole at the locus at 1047 Falmouth Road (Rt. 28) in Hyannis,Massachusetts but shall have
no effect on any party with respect to any future applications for zoning relief at this location or
in other locations in Barnstable or on any litigation which may arise out of any such future
applications. Nothing in the previous sentence shall be construed as precluding either party from
(a) considering the wireless communications facility allowed under this Judgment in determining
whether a significant gap of service exists vis a vis future applications or (b) considering the
extent to which the wireless communications facility on the locus including the antennae array
which is the subject matter of the present judgment contributes to the cumulative visual impacts
upon both residential and non-residential areas which the Town of Barnstable may consider in
reviewing future applications for zoning relief to determine adverse visual impacts for the
purpose of deciding whether to grant, deny or place conditions upon such future applications.
By the Court,
Dated: January 2002.
4 2001-0194/consetn3
f
PROJECT
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ADDRESS:JQ K7
PERMIT#
PERMIT DATE: Q
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Data entered in MAPS program on:
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AT&T Wireless Services AT&T Wireless Services,Inc.
Boston/Providence Cluster Suite 100
400 Blue Hill Drive
VIA OVERNIGHT MAIL Westwood,MA 02090-2161
March 27, 2002
The Town of Barnstable
Regulatory Services
Building Division
200 Main Street
Hyannis, MA 02601
RE: AT&T Telecommunications,Site at 104.7 Falmouth Road
Dear Mr. DiMatteo'
Enclosed please find one building permit application, one set of plans, one set of tear
sheets for a telecominunications cabinet, one court judgment awarding AT&T Wireless to
place antennas on the Sprint.monopole on 1047 Falmouth Road, and a check in the
amount of Five Hundred and,Seven Dollars and Five Cents for the cost of the installation.
Please review the information aa_id contact me at either(978) "1 17-0984 or(508) 389-1739
for more information or to answer any questions. The workman's compensation portion
of the building permit has not been completed due to the reason of the construction
company will. fill it out after the permit is issued.
Thank you.,
(4�91
Brenda Clark
Site Acquisition
K
USA
PROUD PARTNER
Recycled Paper
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Page I of I
STRUCTURAL TEST AND INSPECTIONS REPORT FIELD REPORT NO: 8
Project: Bed Bath&Beyond Contractor: RAS Builders
Route 132 100 Ledgewood Place,Suite 304
Hyannis,MA Rockland,MA 02370
Client: RAS Builders Date: 03/27/02
100 Ledgewood Place,Suite 304
Rockland,MA 02370 Temperature/Weather: Sunny,48 F
Present At Site: Steve Armstrong,RAS Builders
Foreman,Maverick Steel Erectors
Work in Progress/Observations:
8.1 We continued to inspect the welding of the steel joist and joist girder bearing connections at lines 3,B-C;4,
B-D.
8.2 Joists along line 3,B-C not welded as yet. p
8.3 Joists at line 4-C.2,C.3,CA exhibit same condition#1 at bearing connection as noted in Report 7. �r
8.4 The Canam steel manufacturer will provide a letter to the effect that the existing conditions at bearing
connections at the locations noted in items 7.5 and 7.6 will be acceptable.
8.5 We reviewed the welding certificates and welder qualification records of the workers on site. We found this
paperwork to be satisfactory.
8.6 The contractor began laying concrete block at the exterior wall.
Action Required/Items to Verify:
7.3 Joist at line D-1 --existing weld is at toe of seat--add two more inches of weld at heal of seat.
Column cap is not wide enough.
7.4 Joists at line 4-E--remove existing welds between joist seat and column cap,clamp down joist
seats on column cap and reweld.
7.5 The first of two conditions on attached sketch appear at joist seats at lines B.5-1.3;C-1.2;C.15-1;
B.2-2;B.3-2;B.4-2;C.15-2;C.25-2;C.4-2;C.6-2;D-2;C-3;C.25-3;C.3-3;C.4-3;C.6-3;D.7-3;
D.8-3;E-4. Existing gap noted is 1/16"to 1/4".
7.6 The second of two conditions appears at lines C.3-1;C.3-2;C.8-2;C.4-3;C.8-3;D.8-4.
7.7 Joist not welded as yet--lines B.4-1.4;C.8-2
7.8 Remaining areas not accessible or not completed yet. Items 5 and 6 to be reviewed by
manufacturer, Canam.
Blair Budka Jack Wood,P.E.
FIELD REPRESENTATIVE REVIEWED BY
Veitas + Veitas Engineers,Inc. • 639 Granite Street • Braintree,MA 02184
Phone (781) 843-2863 • Fax(781) 849-2065