June 6, 2022

“Motion by Councilor Landers, seconded by the Chair to adopt the following: ORDERED DECISION ON A SPECIAL PERMIT CELLCO PARTNERSHIP D/B/A VERIZON WIRELESS DECISION ON A SPECIAL PERMIT ORDER NO. 22-1008570C Application of: Cellco Partnership d/b/a Verizon Wireless 118 Flanders Road Westborough, MA 01581 Order No. 22-1008570C Locus: 739-769 Donald Lynch Boulevard, Marlborough, MA Assessor’s Map 50, Parcel 7B The City Council of the City of Marlborough hereby GRANTS the Application for a Special Permit to Cellco Partnership d/b/a Verizon Wireless (the “Applicant”) to allow for the construction of a new Wireless Communications Facility stealth monopole tower with accessory ground equipment including a diesel-fueled stand-by power generator pursuant to the submitted plans, as provided in the DECISION and subject to the Findings of Fact and Conditions therein. FINDINGS OF FACT 1. The Applicant is a duly organized and existing corporation and FCC Licensee having a local business address of 118 Flanders Road, Westborough, MA 01581 with correspondences being sent via Applicant’s Agent c/o Gehring & Associates, LLC, P. O. Box 98, West Mystic, CT 06388. 2. The Applicant is a lessee of a portion of the property located at 739-769 Donald Lynch Boulevard, Marlborough, MA (Assessor’s Map 50, Parcel 7B), Marlborough, Massachusetts (the “Site”). 3. On April 6, 2022, the Applicant filed with the City Clerk of the City of Marlborough an application (hereinafter referred to as the “Application”) for a Special Permit under Chapter 650 (Zoning) of the Code of the City of Marlborough (hereinafter referred to as the “Zoning Ordinance”), Section 650-25 entitled Wireless Communications Facilities. 4. In accordance with Article V, Section 650-18(A)(20) and Section 650-25 of the Zoning Ordinance, the Applicant proposes the installation of a new Wireless Communications Facility stealth monopole tower with accessory ground equipment including a diesel- fueled stand-by power generator (the “Use”) at the Site, as shown in the plans submitted with the Application and referenced in paragraph 5 below. 5. In connection with the Application, the Applicant submitted a certified list of abutters, filing fees, and plans entitled “Wireless Telecommunications Installation With New 80’ RF-Transparent Monopole” by Chappell Engineering Associates, LLC, with the last revision date of March 18, 2022, including Title Sheet (T01), Property Plan (C01), Site Plan (C02), Equipment Area Plan (A01), Southeast Site Elevation and Southwest Site Elevation (A02), and Site Details (A03) (collectively the “Plans”), as “ATTACHMENT A”. 6. Pursuant to the Application, the Applicant is licensed by the FCC to provide personal wireless services in the City of Marlborough and surrounding areas and currently has a problem with significant gaps in coverage and capacity issues with coverage that could be alleviated by installing a new site on the subject location as shown on the submitted RF Report and plans. 7. The Site is located in the Limited Industrial (LI) Zoning District which allows a Special Permit to be issued for a Wireless Communication Facility (“WCF”). 8. Pursuant to the Rules and Regulations of the City Council of the City of Marlborough and applicable statutes of the Commonwealth of Massachusetts, the City Council established a date for a public hearing on the Application, and the City Clerk for the City of Marlborough caused notice of the same to be advertised and determined that notice of the same was provided to abutters and the planning boards of all surrounding towns entitled thereto in accordance with applicable regulations and law. 9. The Marlborough City Council, pursuant to Massachusetts General Laws Chapter 40A, opened a public hearing on the Application on May 9, 2022. The public hearing was held in the City Council Chamber, at the Marlborough City Hall, 140 Main Street. The public hearing was closed on May 9, 2022. 10. The Applicant presented testimony at the public hearing wherein all Twelve (12) Tabs of the contents of the submitted Application Binders were reviewed and the submitted materials and substantial evidence was recapped and reviewed as follows: Tab 1 - City of Marlborough required application forms. Tab 2 - Statement in Support of Application wherein all the Zoning Ordinance provisions pertaining to wireless facilities and special permits are analyzed line- by-line in addition to an Alternate Site Analysis justifying the choice of the subject property for the proposed installation of the Use. Tab 3 - Landowner Authorization - demonstrating Applicant’s leasehold interest in the property with permission to file the submitted application. Tab 4 - Assessor’s Field Card, Tax Map and Deed, for reference. Tab 5 - Copies of Applicant’s twelve (12) FCC Licenses authorizing broadcasts from Marlborough and the surrounding areas. Tab 6 - Radio Frequency Engineer’s RF Report describing why the site is needed, complete with coverage maps showing the significant capacity and coverage problems the subject site is designed to rectify. Tab 7 - Confirmation of RF Emissions compliance pursuant to applicable FCC regulations wherein it is predicted the Use will give off less than six percent (6%) of the maximum allowed for such facilities on the ground adjacent to the facility. Tab 8 - FAA clearance to build the proposed stealth pole as it will not be an obstruction or hazard to air navigation. Tab 9 - An Acoustical Report demonstrating compliance with all applicable noise regulations. Tab 10 - Statement from a licensed Real Estate Appraiser concluding that construction of the Use will have no deleterious impact on surrounding property values. Tab 11 - Photosimulations created by performing a balloon float on March 23, 2022 An exhibit was passed out to the Councilors showing the proposed pole painted different colors so that the Council could choose. Tab 12 - Site Plans and Elevation Drawings by Chappell Engineering, with last revision date March 18, 2022, showing the proposed facility which will occupy four (4) parking spaces adjacent to the existing building which currently hosts the EMS and DSW stores, next door to Best Buy. 11. At the Public Hearing, there were no members of the public speaking in opposition to the Use. 12. No written comments in favor or in opposition were received regarding the Use. 13. Only one member of the public had any questions or comments, which pertained to the stand-by generator’s fuel source (diesel) and how the paint on the proposed pole would be adhered (Applicant said answer would be provided to committee). BASED ON THE ABOVE, THE CITY COUNCIL MAKES THE FOLLOWING FINDINGS AND TAKES THE FOLLOWING ACTIONS: A. The Applicant has complied with the Rules and Regulations promulgated by the Marlborough City Council as they pertain to special permit applications. B. The City Council finds the proposed Use of the Site is in harmony with the intent and general purpose of the Zoning Ordinance of the City of Marlborough when subject to appropriate terms and conditions as provided in this Decision. The City Council makes these findings subject to the completion and adherence by the Applicant, its successors and/or assigns to the conditions more fully set forth herein. C. The City Council finds that the proposed Use is consistent with the purposes of Section 650-25 governing WCFs in the City. There are no other existing communications towers or tall buildings in the vicinity of the subject property that could accommodate the Applicant’s antennas thereby justifying the need to construct this new proposed facility constituting the Use. D. The proposed WCF and location are consistent with both the applicable review standards in Section 650-25(D) and the development requirements in Section 650- 25(E). E. The City Council recognizes the Applicant is a federal licensee afforded certain protection under federal telecommunications law, to the extent provided by law. F. The City Council confirms the Applicant has demonstrated the need to construct the proposed facility to solve certain wireless coverage and capacity issues that currently exist in its network in the vicinity as enumerated in the submitted RF report. G. The City Council finds that the proposed Use, which will enhance wireless telecommunications, is good for business and good for the public safety and convenience where much of the population now owns and relies on wireless connectivity and a majority of 911 calls are now made on wireless telephones. H. The City Council finds that there are adequate, ample, in-fact surplus, parking spaces on the host parcel so the Applicant’s use of four (4) parking spaces for its development of the Use will have de minimis and negligible overall impact on the parking situation on site. I. The City Council finds the proposed Use, which consists of an unmanned and unoccupied facility, will have no impact on traffic and pedestrian safety in the area. J. The City Council finds the proposed Use will not be contrary to the public health, safety, convenience and welfare and will not be offensive or detrimental given its modest height which is in-fact lower than the average height of all the surrounding towers the Use will connect with. K. The City Council, pursuant to its authority under MGL Chapter 40A and the City of Marlborough Zoning Ordinance GRANTS to the Applicant a Special Permit for construction of the Use, a new stealth pole Personal Wireless Communications Facility as shown on the submitted Plans, SUBJECT TO THE FOLLOWING CONDITIONS, which conditions shall be binding on the Applicant, its successors and/or assigns: 1. Construction in Accordance with Applicable Laws. Construction of all structures on the Site is to be in accordance with all applicable Building Codes and Zoning Regulations in effect in the City of Marlborough and the Commonwealth of Massachusetts and shall be built according to the Plans as may be amended during Site Plan Review. 2. Site Plan Review. The issuance of the Special Permit is further subject to detailed Site Plan Review by the Site Plan Review Committee, in accordance with the City of Marlborough Site Plan Review Ordinance prior to the issuance of the building permit. Any additional changes, alterations, modifications or amendments, as required during the process of Site Plan Review, shall be further conditions attached to the building permit, and no occupancy permit shall be issued until the Applicant has complied with all conditions. Subsequent Site Plan Review shall be consistent with the conditions of this Special Permit and the Plans submitted, reviewed and approved by the City Council as the Special Permit Granting Authority. 3. Incorporation of Submissions. All plans, photo renderings, site evaluations, briefs and other documentation provided by the Applicant as part of the Application, and as amended or revised during the application/hearing process before the City Council and/or the City Council’s Urban Affairs Committee, are herein incorporated into and become a part of this Special Permit and become conditions and requirements of the same, unless otherwise altered by the City Council. 4. Compliance with Applicable Laws. The Applicant, its successors and/or assigns agrees to comply with all municipal, state, and federal rules, regulations, and ordinances as they may apply to the construction, maintenance, and operation of the Use. 5. All work performed on the Site shall comply with this Decision. No other building or construction or activity (including but not limited to any other communications device, WCF, tower, etc.) shall occur without further modification of this Special Permit. This condition shall be interpreted consistent with federal law governing WCF’s. 6. The proposed stealth monopole shall be painted the color Delorean Gray as discussed and approved by Committee and ratified by the full Council. 7. Routine testing of the stand-by generator shall only occur during weekdays between 10:00 AM and 2:00 PM. 8. No signage or advertising of any sort shall be permitted on the proposed stealth pole. 9. There shall be no climbing pegs which would allow unauthorized individuals to climb the proposed pole. 10. The Applicant shall work with the Fire Department or its designee to provide space for the attachment of a public safety antenna on the top of the proposed tower along with ground space inside the compound for its municipal radio equipment should the City pursue attaching an antenna to the proposed site to improve public safety communications. The Applicant shall provide this space rent-free, but the City shall be responsible for the costs of the antenna, equipment, installation, and maintenance of said antenna and equipment. The Applicant and City shall work cooperatively to execute an agreement covering the terms of this installation as provided herein. 11. The Applicant shall comply with all applicable conditions for WCFs on private property as set forth in Section 650-25(F), each of which shall constitute conditions of this special permit, except that the Applicant does not need to provide annual certifications of compliance with FAA and FCC rules and regulations pursuant to Sections 650-25(F)(1) and 650-25(F)(2) to the extent that those annual certifications do not exist. 12. In accordance with the provisions of Massachusetts General Laws Chapter 40A, Section 11, the Applicant, its successors and/or assigns, at its expense shall record this Special Permit in the Middlesex South Registry of Deeds after the City Clerk has certified that the twenty-day period for appealing this Special Permit has elapsed with no appeal having been filed, and before the Applicant has applied to the Building Commissioner for a building permit. Upon recording, the Applicant shall forthwith provide a copy of the recorded Special Permit to the City Council Office, the Building Department and the City Solicitor’s Office. Yea: 11 – Nay: 0 Yea: Wagner, Doucette, Dumais, Brown, Irish, Navin, Landers, Oram, Ossing, Perlman, & Robey..” (Motion: Landers)

Read it in the official minutes, page 14 (PDF)