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Applicant: New Cingular Wireless PCS, LLC
d/b/a AT&T Mobility
550 Cochituate Road
Framingham, MA

Property Owner: Samuels & Associates Hingham LLC

Premises: 9 Shipyard Drive
Hingham, MA 02043

Title Preference: Plymouth County Registry of Deeds Book 32846, Page 122

This matter came before the Zoning Board of Appeals on the application of New Cingular Wireless PCS, LLC, d/b/a AT&T Mobility (lessee – the “Applicant”), 550 Cochituate Road, Framingham, MA for a Special Permit A2 under §V-E of the Zoning By-Law and such other relief as necessary to install three (3) wireless telecommunication antennas on the existing smokestack at the Hingham Shipyard, 9 Shipyard Drive (the “Property”), in the Industrial District.

A public hearing was duly noticed and held on Thursday, March 10, 2011, at the Town Hall before a panel consisting of regular members Joseph W. Freeman, Chairman, Joseph M. Fisher and associate member Alan M. Kearney. The Applicant was represented by Paul DeCoste of Turning Mill Consultants, Inc.

The Property has previously been granted approvals relating to the existing wireless telecommunications equipment on the smokestack (the "Smokestack"), along with related equipment located in a shelter at the base of the Smokestack. The Applicant operates a nationwide wireless communications system and is in the process of building out a national network as required by the Applicant's license issued by the Federal Communications Commission. Pursuant to a lease with the Property Owner, as well as previous Approvals from the Board of Appeals, the Applicant currently operates a wireless antenna communications installed at the Premises which includes antennas on the existing Smokestack and related equipment. In connection with the Applicant's desire to fill a significant gap in coverage and upgrade its technology with long term evolution ("LTE") service capabilities, the Applicant proposes to install an additional wireless antenna facility (collectively, the "Facility") consisting of three (3) panel antennas at an antenna centerline height of 130 feet on the Smokestack, together with related antenna equipment, fiber and coax conduits. Additional electronic equipment will be located inside the Applicant's existing equipment shelter located at the base of the Smokestack.

The Applicant presented testimony at the hearing, and in its application to the Board, that the Facility will help fill a significant gap in the Applicant's network coverage and service in the area. As the Smokestack is already being used as a telecommunications structure by the Applicant and several of its competitors, the addition of the Facility will not adversely impact adjacent properties or the surrounding neighborhood. The Applicant submitted photographs and photo-simulations to support such a finding. Attaching antennas to an existing structure such as a Smokestack (as opposed to erecting a new telecommunications tower or monopole) is consistent with the emphasis on co-location set out in the Zoning By-Law. The Facility will not be a threat to public health, safety and welfare and will in fact aid in public safety by providing and improving the wireless communications services to the residents, businesses, commuters, and emergency personnel utilizing wireless communications in the immediate vicinity. The Facility will not generate any objectionable noise, odor, fumes, glare, smoke, or dust or require additional lighting. No increased traffic or hindrance to pedestrian movements will result from the Facility. On average, only one round trip visit per month is required to service and maintain the Facility. The Facility is unmanned and will have a minimal effect on the adjoining lots.

In a letter dated February 9, 2011 from Robert L. Bodjiak, P.E., Engineering Manager of Turning Mill Consultants, Inc., a Structural Analysis Report, prepared by International Chimney Corp., found that the proposed installation will not overstress the chimney. This report is included in the public record file on this application.

No abutter appeared either for or against the granting of the Special Permit, nor was any correspondence received by the Board.

After consideration of the Applicant’s proposal and the plans submitted with the Application, the Board finds that the Applicant’s proposal is consistent with all of the applicable criteria as set forth in the Zoning By-Law for the issuance of a Special Permit A2 of the Zoning By-Law.

1. The use is in harmony with the general purposes and intent of the Zoning By-Law.
2. The proposed use complies with the applicable purposes and standards of §V-E of the Zoning By-Law.
3. The Property is an appropriate location for the operation of the proposed use.
4. The potential adverse impacts will be adequately mitigated.
5. The use will not create a nuisance or serious hazard to vehicles or pedestrians.
6. Adequate and appropriate facilities will be provided for the proper operation of the proposed use.

Therefore the Board of Appeals voted unanimously to GRANT the requested Special Permit A2 under §V-E of the Zoning By-Law to install three (3) wireless telecommunication antennas and related equipment on the existing smokestack at the Hingham Shipyard, 9 Shipyard Drive, subject to the following conditions:
1. That all work be performed in substantial accordance with the plans presented in the application and the representations made at the public hearing.
2. All requirements under §V-E 8 and §V-E 10 of the Zoning By-Law are adhered to with the following exceptions:
• §V-E 8 d. This special permit for shall expire five years from the date of issuance. Prior to expiration the Applicant may apply for successive five year renewals, subject to a public hearing process. In determining whether the special permit shall be renewed, the Board shall take into consideration whether there then exists any structures and/or technology available to the Applicant which would enable the Applicant to provide functionally-equivalent services in a less intrusive manner.
• §V-E 10 c. The Personal Wireless Service provider shall continuously insure its Tower and/or Personal Wireless Service Facilities against damages to persons or property in an amount of $1,000,000.00 as established by the Board based upon the nature and extent of the proposed Facility. On an annual basis, the Personal Wireless Service provider shall provide a Certificate of Insurance, in which the Town shall be specifically listed as an additional insured, to the Town Building Commissioner.

The zoning relief granted herein shall not become effective until (i) the Town Clerk has certified on a copy of this Decision that twenty (20) days have elapsed after the decision has been filed in the office of the Town Clerk and no appeal has been filed or that such an appeal has been filed within such time, and that (ii) a copy of the decision so certified has been duly recorded in the Plymouth County Registry of Deeds and indexed in the grantor index under the name of the owner of record or is recorded and noted on the owner’s certificate of title.

For the Zoning Board of Appeals

Joseph W. Freeman
April 5, 2011