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Home My WebLink AboutSR-2024-020 Cingular Wireless PCS 830 Wakeby Road MM SP Town of Barnstable Planning and Development Department Elizabeth Jenkins, Director Staff Report Special Permit No. 2024-020 – New Cingular Wireless PCS, LLC AT&T is proposing to extend the existing tower by 15 feet and collocate its wireless facility at the site Date: June 11, 2024 To: Zoning Board of Appeals From: Anna Brigham, Principal Planner Applicant: New Cingular Wireless PCS, LLC Tenant: AT&T Owner: Vertical Bridge Property Address: 830 Wakeby Road, Marstons Mills, MA Assessor's Map/Parcel: 013/003 Zoning: Residence F (RF) Zoning District Filed: May 1, 2024 Hearing: June 26, 2024 Decision Due: August 9, 2024 Copy of Public Notice New Cingular Wireless PCS, LLC has applied for a Special Permit pursuant to Section 240-108 Antennas Permitted by Special Permit in All Zoning Districts and 240-125 Zoning Board of Appeals. The Applicant is proposing to extend the existing cell tower by 15 feet and collocate its wireless facility at the site pursuant to the Federal Spectrum Act and the Town of Barnstable Zoning Ordinance. The subject property is located at 830 Wakeby Road, Marstons Mills, MA as shown on Assessor’s Map 013 003. It is located in the Residence F (RF) Zoning District. Background The subject property consists of 2.47 acres and is located on Wakeby Road in Marstons Mills, MA. The area is primarily single family residential with a mixture of lot sizes. The subject lot is currently developed with a 145-foot multi-user monopole style wireless communications tower constructed in 2023. Previous Zoning Board of Appeals Action: Variance No. 2018-012 was granted to Eco-Site, Inc., to construct a 145-foot-high wireless communication tower with supporting equipment and site improvements. Relief was granted from the 30 foot height requirement in the Residence F Zoning District. Variance No. 2018-012 was granted subject to the following conditions: 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 #:4HY0600A” Sheets T-1, C-1, C-2, C-3, C-4, C-5, C-6 and C-7. 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. 4. All landscaping and landscape screening shall be maintained on the site. Town of Barnstable Planning and Development Department Staff Report Special Permit No. 2024-020 – New Cingular Wireless PCS, LLC 2 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. Proposal & Relief Requested New Cingular Wireless PCS, LLC has applied for a Special Permit pursuant to Section 240-108 Antennas Permitted by Special Permit in All Zoning Districts and 240-125 Zoning Board of Appeals. The Applicant is proposing to extend the existing cell tower by 15 feet and collocate its wireless facility at the site pursuant to the Federal Spectrum Act and the Town of Barnstable Zoning Ordinance. The subject property is located at 830 Wakeby Road, Marstons Mills, MA. Procedure - NEW A complete application has been received and as such the Board shall open the hearing by vote of the Board. The Board shall then assign members and hear the matter before them. If the Board needs additional information the Board may continue this matter to a date certain. Once the Board has exhausted their review the Board shall motion to close the public hearing. At this time no new information or public comment is to be accepted by the Board. The Board shall now deliberate and render a decision. When rendering a decision, a motion shall be made to (approve, approve with conditions, or deny) with the following findings and conditions. The Board shall state findings and may state or reference proposed conditions. Once findings and conditions are completed, a second is called for. The Chair then asks for any discussion on the motion made prior to calling for a vote. Lastly a vote is then called for. Proposed Special Permit Findings For all Special Permits, the Board is required to make general findings pursuant to § 240-125(C). The Board should review the evidence presented by the Applicant, staff, and members of the public and, after weighing such evidence, is encouraged to articulate if and how the evidence contributes to each of the required findings. Suggested findings are as follows: 1. The application falls within a category specifically excepted in the ordinance for a grant of a special permit: Section 240-125 allows for a Special Permit. 2. After an evaluation of all the evidence presented, the proposal fulfills the spirit and intent of the Zoning Ordinance and would not represent a substantial detriment to the public good or the neighborhood affected. 3. The single-family nature of the property and of the accessory nature of the detached structure are preserved. Town of Barnstable Planning and Development Department Staff Report Special Permit No. 2024-020 – New Cingular Wireless PCS, LLC 3 Suggested Conditions Should the Board find to grant the Special Permit No. 2024-0020, it may wish to consider the following conditions: 1. Special Permit No. 2024-020 is granted to New Cingular Wireless PCS, LLC for a Special Permit pursuant to Section 240-108 Antennas Permitted by Special Permit in All Zoning Districts and 240-125 Zoning Board of Appeals to extend the existing cell tower by 15 feet and collocate its wireless facility at the site pursuant to the Federal Spectrum Act and the Town of Barnstable Zoning Ordinance at 830 Wakeby Road, Marstons Mills, MA. 2. The site development shall be constructed in substantial conformance with the plan entitled “AT&T Site Number: MA1458 FA# 10578174 Site Name: Marstons Mills Pace ID: MRCTBO68126 Project: NSB” stamped by Civil Engineer Derek J. Creaser, with a last revision date of February 13, 2024, Drawing # Z-1 thru Z-8, GN-1, SN-1, RF-1, G-1, G-2, E-1. 3. The proposed development shall represent full build-out of the lot. Further expansion of the tower or construction of additional accessory structures is prohibited without prior approval from the Board. 4. 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 the issuance of a building permit. The rights authorized by this special permit must be exercised within two years, unless extended. Copies: Applicant (c/o Attorney Ed Pare) Attachments: Application Plans