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HomeMy WebLinkAboutSR-2023-001 Centerville Gardens II Cell Tower 1060 Falmouth Rd HY Height Variance Town of Barnstable Planning and Development Department Elizabeth Jenkins, Director Staff Report Variance No. 2023-001 – Centerville Gardens II, LLC M.G.L 40A Section 15 Sections 240-88 Appeals Section 240-90 Intent Section 240-91 Nonconforming Lot To allow the construction of a 110 foot above ground level monopole cell tower Date: January 24, 2023 To: Zoning Board of Appeals From: Anna Brigham, Principal Planner Petitioners: Centerville Gardens II, LLC Property Owner: c/o Keller W. Inc. Property Location: 36 Wequaquet Lane, Centerville and 1060 Falmouth Road, Hyannis, MA Assessor's Map/Parcel: 250/023-T00 and 023-H00 Zoning: Residence D-1 (RD-1) and Highway Business (HB) Zoning District Filed: January 3, 2023 Hearing: February 8, 2023 Decision Due: April 13, 2023 Copy of Public Notice Centerville Gardens II, LLC has petitioned for a Variance pursuant to Section 240-125 B. (1)(c) and (e) Variances; 240-107 Wireless Requirements; Article IX Site Plan Review; and MGL Ch. 40A. The Petitioner seeks to construct a 110 foot above-ground level (AGL) monopole-style tower with the capacity for at least four wireless communication services providers, together with related amplifiers, cables, fiber, and other associated antenna equipment, to replace the existing tower at 1047 Falmouth Road where 30 feet is the maximum height. The subject properties are located at 36 Wequaquet Lane, Centerville, and 1060 Falmouth Road, Hyannis, as shown on Assessor’s Map 250 as Parcels 023-T00 and 023-H00, respectively. The parcels are located in the Residence D-1 (RD-1) and Highway Business (HB) Zoning Districts, respectively. Background The property addressed as 36 Wequaquet Lane is a vacant 1.27 acre lot with frontage on Wequaquet Lane, Centerville. The property addressed as 1060 Falmouth Road is a 1.61 acre lot with frontage on Falmouth Road, Hyannis and contains a 10,000 square foot commercial building constructed in 2012. Proposal & Relief Requested Centerville Gardens II, LLC has petitioned for a Variance pursuant to Section 240-125 B. (1)(c) and (e) Variances; 240-107 Wireless Requirements; Article IX Site Plan Review; and MGL Ch. 40A. The Petitioner seeks to construct a 110 foot above-ground level (AGL) monopole-style tower with the capacity for at least four wireless communication services providers, together with related amplifiers, cables, fiber, and other associated antenna equipment, to replace the existing tower at 1047 Falmouth Road where 30 feet is the maximum height. The subject properties are located at 36 Wequaquet Lane, Centerville, and 1060 Falmouth Road, Hyannis. Variance Findings Town of Barnstable Planning and Development Department Staff Report Variance No. 2023-001 – Centerville Gardens II 2 The statutory requirement of MGL Chapter 40A, Section 10 for granting a Variance is a three- prong test. The Board is required to find that each of the following three requirements has been met in order to consider granting the variance: 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; 2. a literal enforcement of the provisions of the zoning ordinance would involve substantial hardship, financial or otherwise to the petitioner; and 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. An application for a Variance that has met all three requirements “does not confer … any legal right to a Variance.” The Board still has the discretionary power to grant or not to grant the Variance. Suggested Variance Conditions Should the Board find to grant the Variance, it may wish to consider the following conditions: 1. Variance No. 2023-001 pursuant to Section 240-125 B. (1)(c) and (e) Variances; 240-107 Wireless Requirements; Article IX Site Plan Review; and MGL Ch. 40A to construct a 110 foot above-ground level (AGL) monopole-style tower, where 30 feet is the maximum height, with the capacity for at least four wireless communication services providers, together with related amplifiers, cables, fiber, and other associated antenna equipment, to replace the existing tower at 1047 Falmouth Road, at 36 Wequaquet Lane, Centerville, and 1060 Falmouth Road, Hyannis, MA. 2. The site development shall be constructed in substantial conformance with the plan entitled “875052 Barnstable 36 Wequaquet Lane Centerville and 1060 Falmouth Road, Hyannis Barnstable County Site No. 875052” by EG Advanced Engineering Group, P.C. sheet T-1, C-1, A-1 thru A-7, EC-1, L-1, L-2 with a last revision date of August 29, 2022. 3. All conditions set forth in the Cape Cod Commission Development of Regional Impact Decision recorded at the Registry of Deeds Book 35540 Page 73 are hereby incorporated into this Decision. 4. The above-described development shall represent full build-out of the lots. No further additions or accessory structures shall be permitted without approval from the Board. 5. This 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 of a building permit. The rights authorized by this Variance must be exercised within one year, unless extended. Copies: Applicant (c/o Attorney Ed Pare) Attachments: Application Plans