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TOWN OF HINGHAM
BOARD OF APPEALS
IN THE MATTER OF:
Applicant: New Cingular Wireless PCS, LLC
550 Cochituate Road
Property Owner: New North Meeting House Corporation
Premises: 1 Lincoln Street
Hingham, MA 02043
Title Preference: Plymouth County Registry of Deeds Book 7561, Page 368
SUMMARY OF PROCEEDINGS:
matter came before the Zoning Board of Appeals on the application of
New Cingular Wireless PCS, LLC (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 six
wireless telecommunication antennas, related ground equipment and one
E911 GPS antenna inside the dome above the steeple at New North Meeting
House, 1 Lincoln Street (the “Property”), in Residence District A.
public hearing was duly noticed and held on Thursday, January 13, 2011,
at the Town Hall before a panel consisting of regular members Joseph W.
Freeman, Chairman, W. Tod McGrath and Joseph M. Fisher. The Applicant
was represented by Gerry Squires of J-Lee Consulting.
Property is currently the site of the New North Church in which the
Applicant proposes to install six wireless telecommunication antennas,
related ground equipment and one E911 GPS antenna inside the dome above
the steeple. The telecommunication use will have no visible impact on
the Premises. The telecommunication use at the Property will be unmanned
and will not result in any increase in traffic, water, or sewer usage.
The Applicant informed the Board that the Historic Districts Commission was in the process of reviewing the project.
Town of Hingham Zoning By-Law provides in §V-E, 4 that wireless
communications facilities are allowed in the Residential zoning district
provided that the proposed facilities are enclosed within a
non-residential structure. The Applicant’s experts gave testimony
concerning its need to enhance service coverage in this area of Hingham
and surrounding communities, as depicted on the coverage maps presented
by the Applicant. The Applicant represented that other sites where
investigated for co-location but found they were either unavailable or
inadequate in terms of filling the coverage gap.
regularly scheduled meeting on January 10, 2011 the Planning Board
reviewed the Applicant’s proposal and voted to waive the requirement for
site plan review based on the fact that the project will have no
adverse impact on the surrounding property.
During the course of
the zoning hearing, one resident whose children attend the parochial
school directly adjacent to the Property raised concerns regarding
radiation and emissions. The public was reminded of the constraints
imposed upon the Board of Appeals by the provisions of the
Telecommunications Act of 1996.
FINDINGS AND DECISION:
consideration for 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.
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.
the Board of Appeals voted unanimously to GRANT the requested Special
Permit A2 under §V-E of the Zoning By-Law to install six wireless
telecommunication antennas and one E911 GPS antenna inside the dome
above the steeple at New North Church, 1 Lincoln Street, along with
necessary radio equipment within the same church building.
The Special Permit A2 is granted subject the following conditions:
That all work be performed in substantial accordance with the plans
presented in the application and the representations made at the public
2. All requirements under §V-E of the Zoning By-Law are adhered to.
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
W. Tod McGrath
March 10, 2011