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Board of Appeals

TOWN OF HINGHAM
Board of Appeals

NOTICE OF DECISION
SPECIAL PERMIT MODIFICATION

IN THE MATTER OF:

Applicant: New Cingular Wireless PCS LLC d/b/a AT&T
550 Cochituate Road, Suites 13 and 14
Framingham, MA 01701

Owner: HCM, LLC
c/o Hingham Shipyard Marina LLC
24 Shipyard Drive
Hingham, MA 02043

Property: 9 Shipyard Drive
Hingham, MA 02043

Deed Reference: Plymouth County Registry of Deeds Book 32846, Page 122

Plan Reference: Plan set entitled, "Site Number: MA1116, Site Name: Hingham - Smokestack," prepared by VRG, 489 Washington Street, Auburn, MA and Empire Telcom USA ,LLC, 16 Esquire Road, Billerica, MA, dated April 9, 2014, revised through February 10, 2015 (Drawings 01-05)

SUMMARY OF PROCEEDINGS

This matter came before the Board of Appeals (the "Board") on the application of New Cingular Wireless PCS LLC d/b/a AT&T (the "Applicant") for a modification of an existing Special Permit A2 from § V-E of the Zoning By-Law (the "By-Law") and such other relief as necessary to add a three panel antenna to an existing wireless facility as part of a nationwide upgrade at 9 Shipyard Drive in the Industrial District.

A public hearing was duly noticed and held on June 17, 2015, at the Town Hall, 210 Central Street. The Board panel consisted of its regular members W. Tod McGrath, Chairman, and Joseph M. Fisher, and associate member Alan Kearney. The Applicant was represented during the hearing by Timothy W. Greene, Empire Telecom. At the conclusion of the hearing, the Board voted unanimously to grant the requested modification to allow three additional antennas to locate at the existing facility.

Throughout its deliberations, the Board has been mindful of the statements of the Applicant and the comments of the general public, all as made or received at the public hearing.

BACKGROUND

AT&T maintains and operates equipment at 9 Shipyard Drive located on the "Shipyard Smokestack". The Hingham Zoning By-Law allows personal wireless services antennas to be attached to a Host Structure upon issuance of a Special Permit A2 in industrial zones. The Applicant sought and attained permits from the Town to move its then-existing equipment from a height of 186' on the Shipyard Smokestack down to 130' in 2011. The Applicant now seeks approval to both upgrade the existing AT&T antennas located on the Shipyard Smokestack and add three new panel antennas to provide service and capacity on its long term evolution ("LTE" or "4G") network.

The Applicant simultaneously filed with the Planning Board a request to waive Site Plan Review. During its meeting on May 20, 2015, the Planning Board determined that the proposed modification constitutes a "minor site plan" and waived the requirement for a public hearing under Site Plan Review before the Board.

The applicant filed propagation maps in support of the requested modification to demonstrate expected improvements in coverage. The maps established that there is no coverage under existing conditions for the LTE network, while significant areas in Town will have LTE services provided by this site and others once the nation-wide upgrade is complete. The applicant's testified during the hearing that the proposed upgrades and minor repositioning of the existing antennas will not affect existing coverage on the AT&T PCS/UMTS systems.

FINDINGS

Based upon the information submitted and received at the hearing, and the deliberations and discussions of Board members at the meeting, the Board has determined that:

a. The proposed use will be in harmony with the general purpose and intent of the Zoning By-Law, for the following reasons:

The Applicant's proposed uses are in harmony with the general purposes of the By-Law. The use is allowed in the Industrial District under a Special Permit A2, and the use is controlled and regulated so as not to adversely affect the health, safety or welfare of the neighbors or the Town generally. The proposed antennas utilize existing utilities and infrastructure.

b. The proposed use complies with the purposes and standards of the relevant specific sections of this By-Law, for the following reasons:

The Applicant's modified use will not alter the footprint of the host structure and continues to remain in compliance with the requirements of Section V-E. In addition, the Planning Board determined that the proposed upgrades and addition constitutes a minor site plan modification and waived the requirement for a public hearing in connection with its review.

c. The specific site is an appropriate location for such use, structure, or condition, compatible with the characteristics of the surrounding area, for the following reasons:

The site is an appropriate location for the modified use. The Shipyard Smokestack already serves as a personal wireless services facility for multiple carriers.

d. The use as developed and operated will create positive impacts or potential adverse impacts will be mitigated, for the following reasons:

The footprint of the existing Building as well as all existing ingress and egress access to the Property has not and will not be altered in connection with the Applicant's use. A 4' access way will provides safe and level access to the rear of the Property for mortuary transportation purposes.

e. There will be no nuisance or serious hazard to vehicles or pedestrians, for the following reasons:

The Property's current ingress and egress access, as well as the maintenance schedule for the facility, have not and will not to be altered in connection with the additional antennas.

f. Adequate and appropriate facilities exist or will be provided for the proper operation of the proposed use, for the following reasons:

The existing antennas and associated equipment will be upgraded in conjunction with the project.

g. The proposed Project meets accepted design standards and criteria for the functional design of facilities, structures, stormwater management, and site construction, for the following reasons:

The functional design for wireless facilities is net. The Board determined that the proposed modification complies with the relevant requirements for Personal Wireless Service Facilities on Host Structures as specified in Section V-E, 8. These include design standards. Specifically, antennas must be camouflaged or made to appear as an architectural component of the structure. The specification sheet for the OctoPort Multi-Band Antenna and a number of visual simulations from various perspectives within the Shipyard were included with the filing. The Board noted that the proposed antennas are white, as is this portion of the smokestack. The arrays appear very similar to other carriers' facilities on the structure.

DECISION

Upon a motion made by Joseph M. Fisher and seconded by Alan Kearney, the Board voted unanimously to approved the requested Special Permit A2 Modification pursuant to § V-E of the By-Law approving installation of a three panel antenna to an existing wireless facility as part of a nationwide upgrade at 9 Shipyard Drive in the Industrial District, subject to the following conditions:

1. The Applicant shall construct the Project in a manner consistent with the approved plans and the representations made at the hearings before the Board.

This decision shall not take effect until a copy of the decision bearing the certification of the Town Clerk, that twenty (20) days have elapsed since the decision has been filed in the office of the Town Clerk and no appeal has been filed, or that if such appeal has been filed, that it has been dismissed or denied, is recorded with the Plymouth Registry of Deeds and/or the Plymouth County Land Court Registry, and indexed in the grantor index under the name of the record owner or is recorded and noted on the owner's certificate of title.

For The Board of Appeals,