SR-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