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HomeMy WebLinkAboutMiscellaneous - 1 HIGH STREET o M h � � FINDING5 ��.. TOWN OF NORTH ANDOVER -ZONING-BOARD;OF APPEALS NAME: ADDRESS OF APPEAL: Town Cleerrc Tkm stamp Procedure & Requirements for an Application for a Finding Ten(10) copies of the following information must be STEP 6: SCHEDULING OF HEARING AND submitted thirty (30 days prior to the first public hearing. PREPARATION OF LEGAL NOTICE: l Failure to submit the required information within the The Office of the Zoning Board of Appeals schedules time periods prescribed may result in a dismissal by the the appficant:for a hearing date and prepares the legal Zoning Board of an application as incomplete. notice for malting to the parties la interest(abutters) and The information herein is an abstract of more specific for publication in the newspaper. The petitioner is requirements listed in the Zoning Board Rules and notified that the legal notice has been prepared and the Regulations and is,not meant to supersede them.The cost of the Party in Interest fee. rieitioner vdil complete items that are underlined STEP 7: DELIVERY OF LEGAL NOTICE TO STEP 1: ADMINISTRATOR PERMIT DENIAL, NEWSPAPER The petitioner applies for a Building Permit ark The petitioner picks up the legal notice from the Office j receivers a Zoning Bylaw Denial form completed by the of the Zoning Board of Appeals and delivers the legal i Building Commissioner. notice to the local newspaper publication. STEP 2: FINDING APPLICATION FORM: STEP a PUBLIC HEARING BEFORE THE ZONING BOARD OF APPEALS: Petitioner completes an application form to petition the Hoard of Appeals for a Finding. All information as The petitioner should appear in hisffier behalf, or be required in items 1 ttiro� h and including 11 shat; be represented by an agent or attorney. to the absence of completed. ug g any appearances without clue cause on behalf of the pl petitioner,the Board shall decide on the matter by using STEP 8: PLAN PREPARATION: the information it has otherwise received. Petitioner submits all of the required plan information as STEP 9: DECISION: cited in section 10, page 4 of this form. After the hearing, a copy of the Board's decision will be STEP 4: OBTAIN LIST OF PARTIES IN INTEREST: seat to all Parties in interest, Any appeal of the Board's � petitioner gists the Assessor's Office to compile decision may be made pursuant to Massachusetts The pet General Law ch.40A§ 17,within twenty(20)days after a certified list of Parties in Interest(abutters). the decision is filed with the Town Clerk. STEP 5: SUBMIT APPLICATION: STEP 19: RECORDING THE DECISION AND PLANS. Petitioner submits one(1) original and ten (10)Xerox -rhe petitioner is responsible for recording certification of copies of all the required information to the Town Cleric's the decision and any accompanying plans at the Essex Office to be certified by the Town-Cleric with the time County, North Registry-of Deeds, 384 Common St., and date of filing. The original will be left at the Town Suite#304,Lawrence MA, 01843 and shall complete the Clerk's Office, and the 10 Xerox copies will be left with Certification of Recording form and forward it to the the Zoning Board of Appeals secretary. Zoning Board of Appeals and to the Building Department. IMPORTANT PHONE NUMBERS: 978-688-9533 Office of Community Dev. &Services North Andover Town Hall 1600 Osgood St., Bldg. 20, Suite 2-36 120 Main Street North Andover,MA 01845 978-688-5501 Town Cleric's Office 978-688-95+ 2 fax for Community Development offices 978-68&9566 Assessor's Office 978-688-8545 Building Department 978-688-9541 Zoning Board of Appeals Office p PAGE 1 of 4 PAGE 2 OF 4 -NORTH ANDOVER ZONING BOAitd OF APPEALS application for a F -� Piste u aM gems 1-11 below: t• p (24--14-3, r. *Name,*Addre3s and telephone number. W-t:1--,.uta a/i•�[eiS, u� f� 7.I�'T"� 7,0- C~ /} d u. *The he Pe ia+er shy beon tip le i na iM WW de dacWm as anWred above. 2. Own9m of Land: Name, Addreas, Wephone number, and number of years under this ownership: r i Years Owned.Land: 8: Loc3&m of Propettr EL. street_ Jy sF (,f*iA ;' rt` s-t) Zoning DWrk t "j:Loa b. Assessors. Map number:` } Lot Number. /_ 0 C. Re9iOY of Reeds: Book Number. Page Number. 4, Zoning Bylaw sec$ion{s)*under which the Petit1w.for the Firlding is rude. ------------------- -ReW tD the Zarng Bylaw Dsnwand Pfur t2eview Nwadw tour,as ' sapprod by the harpec w of&Ad P4;& S. Describe the-Finding.reqpmt: Thr.how din xW b*read for�ptspos of fn 100 no&*and dadalam A mare dowAmd ffit Zaday Bu rd Ruin and R+ oaa as end on PW 4&sea=0 of We is t to n"POW andand��r�l4 a dwW=Mat dos net addran 60'ndnt of%*a w wj9 !�• to dwcrbe the aPs Th.daai.ton wip b. eo!a ragoset M th•appftamt Oct Inv Aw addtftenW jkmasot kwhu ad above, 6 A. Difference h-cm Zoning8 ybetw reqWrernecrts: lnaicate the dimensFan(s)tfiat vest not meet curt+emt Z*WnQ Bylaw R*q%*w0wft--(Lines A avid 8 ane in case of a lot spm Lo � s Spam p�ni�e Let F pD Covamae rest Spam A P� !p„�( Front Sia A Smote 8 Rear B. Page 3 of4 NORM ANDOVER ZMING BflARD OF APPEALS aPPIIcation for a Fj V 6 B. ExWng Lot~ LA Apse Open Spee .Pew tit FMntape � Sq.Ft Feet -� Fnxd Side Skis B Rear 6 G. Proposed togs): Lck sSt.� Open see Lot Frontage , MWmum tots -k Coverage Feet Spaces Front Side A Side 8 Rear 6 D:,R6qujred Lot (As r by Zwft Ww&T 2) Lot•Area Open Spwe parmtLot Frame mminum S4.PL 4 Ft. ..coverage fed F� LotRear 7A. Existing Building(s): SSqu�are�Fhw �of Toldt Lias of Sq.few Number. t U"s from the Zwft Syfary a Tabic 1. number of urs in bcWI*s� TB. Proposed Square fee Floors sc�feet Number Uses inn the Zantnp Bylaw 6 Table 1. —state number of unfits in b (a� •8. PstifiOner and Landowner signefure{s): for a F;r ahao de ar tWs fiorr4+e ;s ti ne idhaf m Otfm aaQ Board of AXW& rpGcation shah be thed war the ToreneCmalertc'scaFice. It shaftdxcb be tlfe r+�nal of the Po ww to fumist► �� this ft aPP��dated b . she tea'received by the Town or ftre ZcnbV B Appeals r►ofl�on. Fatiure to Tf"°'`�ati�crer stedl be respond for a@ expenses for result in a�t early a es OW tmm and in the Zoning Board Ruins and Regda*m may Z� as it pig Si nature: C3" Type above names here; 04c, (a LA/LA/0' PAGE4of4 FINDING 9. WRITTEN DOCUMENTATION Engineer, Registered Architect, and/or a Registered Application for a Finding must be supported by a legibly Landscape Architect may be required for Major Projects. written or typed memorandum setting forth in detail all facts relied upon.All dimensional requirements shall be *10. C. *Required Features On Plan: clearly identified and factually supported when requesting I) Site Orientation shalt include: a Finding from the requirements of MGLA ch.40A, and 1. north point the.North Andover Zoning Bylaws. All points, A-C,are 2. zoning districts) required to be addressed with this application. 3. names of streets 4. wetlands(if applicable) A. The particular use proposed for the land or structure. 5. abutters of property,within 300'radius B. Fact(s) relied upon to support a Finding that the 6. locations of buildings on adjacent properties proposed extension or alteration shall not be more within 50'from applicants proposed structure substantially detrimental than the existing non- 7. deed restrictions, easements. conforming use. In Legend&Graphic Aids shall include: C. Address all appropriate details of the Bukiding 1. Proposed features in solid Ones&outlined in red Commissioner's denial. 2. Existing features to be removed in dashed lines 3. Graphic Scales 4. Date of Plan 10. PLAN OF LAND 5. Tale of Plan Each application to the Zoning-Board of Appeals shall be 6. Names addresses and phone numbers of theapplicant,owner of record, and land surveyor. accompanied by the following described plan(s). Plans 7 Locus must be submitted with this application to the Town Clerk's Office and ZBA secretary at least thirty(30)days 10. D. Minor Projects prior to the public hearing before the Zoning Board of appeals. Minor projects,such as decks,sheds,and garages, shall require only the plan information as indicated with A set of building elevation plans by a Registered an asterisk(*). In some cases further information may Architect may be required when the application be required involves new construction/conversion/and/or a proposed change in use. 11. APPLICATION FILING FEES - 10. A. Major Projects 11.A. Notification fees:Applicant shall provide a check or money order to:`Town of North Andover'for the cost Major projects are those which involve one of the of first class, certified,return receipt x#of all parties in following whether existing or proposed: .- interest identified in MGLA ch.40A§11 on the abutter's n five.(5)or more parking spaces, list for the legal notice postage check. Also,the II)three(3)or more dwelling units, applicant shall supply first class postage stamps x the# III)2,000 square feet of building area. of panties of interest on the abutter's list for the decision Major Projects shall require, in addition to the 10B. & mailing. 10 C.features, that the plans show detailed utilities, soils, and topographic information. 11. B. Mailing labels:Applicant shall provide four(4) sets of mailing labels no larger than 1"x2-5/8"(3 copies *10. B.*Plan Specifications: for the Legal mailing and one copy for the Decision 1) size of plan: Ten(10 ) paper copies of a mailing). plan not to exceed 11"x17", preferred scale of 1"=409. 11. C. Applicant shall provide a check or money order In One(1) Mylar,with one block for Registry to:'Town of North Andover'per 2005 Revised Fee Use Only, and one block for five(5)ZBA signatures and Schedule.. date.. III) Plan shall be prepared, stamped and certified by a Registered Professional Land Surveyor. Please note that plans by a Registered Professional ANDERSON KREIGER LLPP}'� F�E 1�,Vg� E a (r 2009 JUN 15 PM 3. 26 DOUGLAS H.WILKINS OF dwi lkins,&andersonkreio encom ` Direct phone: (617)621-65840 NORTH N ER N$ , 1fS Direct fax: (617)621-6680 June 15, 2009 BY HAND Albert P. Manzi, III, Esq., Chair Joyce A. Bradshaw, Town Clerk Zoning Board of Appeals Town of North Andover Building 20, Suite 2-36 Town Hall 1600 Osgood Street 120 Main Street North Andover, MA 01 845 North Andover, MA 01845 NOTICE OF APPEAL RE: Applicant: New Cingular Wireless PCS, LLC ("AT&T") Owner: Mansur Investments (Schneider Electric US, lessee) Site: 4W High Street (Map 54, Block 1, Lot 0) (f/k/a 1 High Street) Application: Appeal from Building Inspector's determination and a request for finding, if and to the extent necessary, all rights reserved Dear Chairman Manzi, Members of the Board of Appeals, and Madam Clerk: This is an appeal pursuant to M.G.L. Ch.40A, § 8 and North Andover Zoning Bylaw § 10.4 from a determination of the Building Inspector in a letter dated May 15, 2009, in connection with AT&T's proposed In-Building Wireless System for Schneider Electric at the above- referenced site. (See, letter attached hereto as Exhibit A). The Building Inspector's May 15th letter stated that the proposed installation requires AT&T to petition the Board "for site plan approval in order to obtain a building permit." AT&T believes that for the reasons set forth below and in materials previously submitted to the Planning Board, zoning relief is not required to obtain a building permit nor for otherwise proceeding with this installation. Pursuant to Ch. 40A, § 8, and North Andover Zoning Bylaw § 10.4, the 30-day period within which to appeal the determination of the Building Inspector arguably expires today. AT&T is pursuing discussions with the Building Inspector, the Planning Board, and Town Counsel regarding the issues raised in the May 15th letter; however, to preserve its rights, AT&T hereby files with the North Andover Zoning Board of Appeals its appeal from the Building Inspector's determination that site plan approval is required in order for AT&T to obtain a building permit to proceed with installation of the proposed In-Building Wireless System. IA0083370I One Canal Park, Suite 200 • Cambridge MA 02141 • 617-621-6500 • Fax:617-621-6501 Q* Printed on recycled paper Town Clerk June 15, 2009 Page 2 AT&T requests a finding that zoning relief is not required in this instance, all such relief being if and to the extent necessary. Enclosed Materials: Enclosed is check made payable to the Town of North Andover for the filing fee of$1001, an original for the Town Clerk and ten(10) copies of this letter and the following enclosures: 1. Copy of letter to Planning Board requesting Pre-application Conference, dated May 13, 2009; 2. Design Plan, Pages 1 through 13, dated February 4, 2009 and prepared by Cellular Specialties, Inc.; 3. Map of existing base stations near the Schneider Electric Buildings; 4. Historic Review Report, dated March 31, 2009 and prepared by EBI Consulting; 5. Outline For Pre-Application Conference (as submitted at initial Planning Board conference on May 19, 2009) and its attachments, including manufacturer's specification sheets for the proposed Yagi (800 MHz band) and corner reflector (1900 Mhz band) antennas; 6. Roof plan of the Schneider Electric building depicting the approximate proposed location of the proposed antennas; 7. Set of photographs of an actual Yagi antenna and an actual corner reflector placed on the roof of the Schneider Electric building in the proposed location and at the proposed height; and 8. Set of photographs from numerous vantage points for 360 degrees around the Schneider Electric building demonstrating that the proposed antennas are not visible at ground level. Grounds for Appeal: When appealing a determination of the Building Inspector pursuant to MGL Ch. 40A, § 8, MGL Ch. 40A, § 15 requires the petitioner to "file a notice of appeal specifying the grounds thereof'with the city or town clerk. The grounds of this appeal are that (1) the proposed In-Building Wireless Installation is an allowed accessory use under North Andover's Zoning Bylaw, § 4.135.12, and(II) the proposed In-building Wireless Installation is not a"Wireless Services Facility"within the meaning of Zoning Bylaw § 8.9.2(z). More particularly, the proposed In-Building Wireless System is an allowed accessory use under North Andover's Zoning Bylaw because: a. The Schneider Electric property is located in an Industrial "S" District. Per telephone conference with Zoning Board of Appeals office on 6-15-09,it was agreed that due to the large is in a check with his site the applicant may dela furnishing number of abutters required to be notified m connection w t pp y y g for postage and notices to abutters until such time as after the conclusion of the Planning Board hearing on the issue which is the subject of this appeal. (A0083370_1} ANDERSON&KmGERLLP i�Printed on recycled paper Town Clerk June 15, 2009 Page 3 b. Zoning Bylaw § 4.135.12 allows research and development facilities, business, professional and other offices, light manufacturing, warehousing and wholesaling in an Industrial "S" District. c. Schneider Electric's business is an allowed use under these provisions. d. In an Industrial "S" District, Zoning Bylaw.§ 4.135.12 allows"[a]ny accessory use customarily incident to any of the above permitted uses, provided that such use shall not be injurious, noxious, or offensive to the neighborhood." e. The proposed In-Building Wireless System is an accessory use customarily incidental to the business uses allowed in the Industrial "S" District: i. It is designed for and will serve only Schneider Electric's in-building wireless needs for wireless phones, computers, hand-held devices and other wireless media being used in Schneider Electric's premises. ii. This wireless technology is essential for the day-to-day operation of Schneider Electric's business in the 21St century. iii. There are numerous examples of private in-building systems operating in Massachusetts and throughout the country serving all types of businesses. iv. For example, in eastern Massachusetts,many AT&T In-Building Wireless Systems are installed in Essex County, Middlesex County and Suffolk County, including installations for: 1. research and development companies, 2. laboratory facilities, 3. bio-medical science firms, 4. defense contractors, 5. security firms, 6. professional offices, 7. law firms, 8. insurance companies, 9. engineering firms, 10. pharmaceutical companies, 11. medical products companies, 12. financial institutions, 13. investment firms, 14. hospitals, 15. software manufacturing facilities, 16. information technology companies, 17. computer companies, 18. digital imaging companies, IA0083370I} ANDERsON&KmcERLLP Printed on recycled paper z, Town Clerk June 15, 2009 Page 4 19. energy management companies, 20. high technology companies, 21. communication technology companies, 22. accounting firms, 23. publishing companies, 24. consulting companies, 25. light manufacturing facilities, and 26. warehouse, shipping and wholesale facilities. v. Most if not all of these businesses are the very kinds of uses allowed by right in the Industrial "S" District. vi. Thus, In-Building Wireless Systems are now so commonplace that they have become customary and incidental uses accessory to sophisticated business enterprises such as Schneider Electric. vii. In no case has AT&T ever been required to proceed through local zoning to install such a system, even though each system commonly has one or more external antennas as part of its design. viii. The proposed In-Building Wireless System will "not be injurious, noxious, or offensive to the neighborhood." In fact it will have no adverse effects whatsoever. More particularly,the proposed In-Building Wireless System is not a"wireless service facility" regulated under North Andover's Zoning Bylaw because: a. Zoning Bylaw § 8.9 regulates "wireless service facilities"defined as "Facilities used for the principle [sic] purpose of commercial or public wireless communications uses, such as cellular telephone services, enhanced specialized mobile radio services, microwave communications, wireless communications services, paging services and the like, as defined in § 704 of the Federal Telecommunications Act of 1996, as amended. Such facilities shall include towers, antennae,antennae support structures, panels, dishes and accessory structures." (Emphasis added.) b. In all cases involving an application for a"wireless service facility,"the"carrier must demonstrate that the facility is necessary in order to provide adequate service to the public." (Zoning Bylaw § 8.9(3)(a)(i); emphasis added). c. The proposed In-Building Wireless System is not a"wireless service facility" within the meaning of the Zoning Bylaw because its purpose is not to serve the public and it is not being proposed to provide adequate service to the public in and around North Andover. (A0083370A} ANDERsoN&KREIGERLLP ()Printed on recycled paper Town Clerk June 15, 2009 Page 5 d. The proposed In-Building Wireless System will not provide wireless coverage outside of Schneider Electric's premises. e. Rather, the proposed In-Building Wireless System will serve only Schneider Electric's in-building needs for wireless phones, computers,hand-held devices and other wireless media. f. To require a special permit and site plan approval (§ 8.9(1)(a)) for the proposed In- Building Wireless System is neither intended by the Zoning Bylaw nor consistent with the minimal nature of the proposed installation. g. The stated purpose of the Town's wireless service facility bylaw is to"minimize the visual and environmental impacts as well as any potential deleterious impact on property value, of wireless service facilities upon properties located within the Town or adjacent thereto." (Zoning Bylaw § 8.9(1)(a)). h. The proposed In-Building Wireless System will not cause any such adverse effects whatsoever because the proposed installation involves: (1) No tower, (2) No equipment shelter, (3) No lighting, (4) No signage, (5) No noise, (6) No wetland disturbance, (7) No hazardous waste, (8) No storm water run-off, (9) No adverse effects on"conservation and preservation of developed, natural and undeveloped areas," (10) No adverse effects on"wildlife, flora and habitats for endangered species," (11) No adverse effects on the "protection of the natural resources of North Andover," (12) No adverse effects on the"enhancement of open space areas and respect for North Andover's rural character" and (13) No adverse effects on"Scenic Landscapes and Vistas." (i) To the extent the installation involves the placement of a small Yagi antenna and corner reflector on the roof of an historic building in an historic district,AT&T's qualified consultant(an Architectural Historian) has prepared a detailed report that the installation will have no adverse effect on the structure or the district. This report has been submitted to the Massachusetts Historical Commission and the North Andover Machine Shop Village Neighborhood Conservation District Commission for 2 review. 2 a. With respect to historic features under Zoning Bylaw§8.9(4)(c),the proposed installation: {Ao083770.1} ANDERSON`.J KREIGERLLr Printed on recycled paper Town Clerk June 15, 2009 Page 6 (j) In short, there is no rational basis to require a special permit and site plan review for this installation, and properly read the Bylaw does not require a special permit with site plan review for this accessory use. For the foregoing reasons, AT&T hereby requests that the Zoning Board of Appeals find that the installation of the In-Building Wireless System in the Schneider Electric building is an allowed accessory use and not a regulated wireless services facility within the meaning of the North Andover Zoning Bylaw. Thank you for your attention to this matter and please do not hesitate to contact me with any questions. Sin rely,,., Do glas H. Wilkins cc: Planning Board (By Hand) Jay Perez, Esq. (By Email) Stephen Anderson, Esq. (By Email) Jennifer Dupuis (By Email) Gerald A. Brown, Building Inspector/ZEO (By Hand) 1. Does"not alter the character-defining features,distinctive construction methods,or original historic materials of the building," 2. Is"fully reversible," 3. Is"concealed within or behind existing architectural features,"and 4. Is"located so that[it is]not visible from public roads and viewing areas within the district." {Ao083370.1} ANDERSON&KREIGERLLP Printed on recycled paper Y L } V40R Th % 6 F � •pe a«wiwrwr< `mob i ��SSACHtJS i� BUILDING DEPARTMENT Community Development Division May 15, 2009 Planning Board Town of North Andover 1600 Osgood Street Building 20, Suite 2-36 North Andover,Massachusetts 01845 RE: Proposed Wireless Service Facility for Schneider Electric by AT&T 1 Kigh Street North Andover, MA Dear Members of the Planning Board: T have reVi ewed the Wireless Service Facilities Section 5.9.1.a of the Zoning Bylaw afthe Tuwr, of North Andover, which reads in part: "It is the express purpose of this Bylaw to minimize the visual and environmental impacts as well as any potential deleterious impact on property value,of wireless service facilities upon properties located within the Town or adjacent thereto. No wireless service facility shag be placed,constructed or modified within the Town without first obtaining site plan approval from the Special Permit Granting Authority (SPGA).The Planning Board shag be the Special Permit Granting Authority for the issuance of a special permit to allow the placement,construction and modification of wireless service facilities within the town...." Ftuther, 8.9.2-Definitions: reads in part: z) Wireless Service Facility.Facilities used for the principle purpose of commercial or public wireless communications uses,such as cellular telephone services;enhanced specialized mobile radio services,microwave communications,wireless-communications services,paging services and the like, as defined in Section 704 of the f=ederal Telecommunications Act of 1996,as amended.Such facilities shall include towers,antennae,antennae support structures,panels,dishes and accessory structures. aa) Wireless Services.The three types of services regulated by this Bylaw commercial mobile radio services, unlicensed wireless services, and common carrier wireless exchange access services. Page I of 2 f i 1600 Osgood Street,Budding 20,Suite 2-36,North Andover,Massachusetts 01845 Phone 978.688.9545 Fox 978.688,9542 web www.towneborthandaver.corn r l ry pORT/+ O ,rTLea ,6'9a, y� y . `9A<OLIYCW�YM.Y yqP T _ - ��S - BUILDING DEPARTMENT Community Development Division Therefore, I am of the opinion that the request of New Cingular Wireless PCS,LLC{"AT&r)'s proposed"installation and operation of a wireless communications antenna,on the roof of Building 6 and additional antennas and related equipment inside multiple other buildings"falls within the scope of the above definitions and does require New Cingular to petition the North Andover Planning Board,the Special Permit Granting Authority, for site plan approval in order to obtain a building permit. Sincerely, Gerald A. Brown, Inspector of Buildings/Zoning Enforcement Officer cc: Mark Rees, Town Manager Curt Bellevance, Community Development Director Judith M. Tymon, Town Planner Thomas J. Urbelis, Town Counsel Page 2 of 2 I i i i i f I I I i f 600 Osgood Street,Building 20,Suite 2-36,North Andover,Massachusetts 01845 i Phone 978.688.9545 Fax 978.688.9542 Web www.lownefoorthondover.com ANDERSON KREIGER LLP R i -EIV ED 2009 JUN 15 PM 3: 26 DOUGLASH.WILKINS 01WN r dwi Ikins<ijandersonkreiger.corn 1 r Direct phone: (617)621-65840 MASSA C SETTS Direct fax: (617)621-6680 June 15, 2009 BY HAND Albert P. Manzi, I1I, Esq., Chair Joyce A. Bradshaw, Town Clerk Y Zoning Board of Appeals Town of North Andover Building 20, Suite 2-36 Town Hall 1600 Osgood Street 120 Main Street North Andover, MA 01845 North Andover, MA 01845 NOTICE OF APPEAL RE: Applicant: New Cingular Wireless PCS, LLC ("AT&T") Owner: Mansur Investments (Schneider Electric US, lessee) Site: 4W High Street (Map 54, Block 1, Lot 0) (f/k/a 1 High Street) Application: Appeal from Building Inspector's determination and a request for finding, if and to the extent necessary, all rights reserved Dear Chairman Manzi,Members of the Board of Appeals, and Madam Clerk: This is an appeal pursuant to M.G.L. Ch.40A, § 8 and North Andover Zoning Bylaw § 10.4 from a determination of the Building Inspector in a letter dated May 15, 2009, in connection with AT&T's proposed In-Building Wireless System for Schneider Electric at the above- referenced site. (See, letter attached hereto as Exhibit A). The Building Inspector's May 15th letter stated that the proposed installation requires AT&T to petition the Board "for site plan approval in order to obtain a building permit." AT&T believes that for the reasons set forth below and in materials previously submitted to the Planning Board, zoning relief is not required to obtain a building permit nor for otherwise proceeding with this installation. Pursuant to Ch. 40A, § 8, and North Andover Zoning Bylaw § 10.4, the 30-day period within which to appeal the determination of the Building Inspector arguably expires today. AT&T is pursuing discussions with the Building Inspector, the Planning Board, and Town to Counsel regarding the issues raised in the May 15 letter; however, to preserve its rights, AT&T hereby files with the North Andover Zoning Board of Appeals its appeal from the Building Inspector's determination that site plan approval is required in order for AT&T to obtain a building permit to proceed with installation of the proposed In-Building Wireless System. {A0083370.1One Canal Park, Suite 200 Cambridge MA 02141 617-621-6500 Fax:617-621-6501 ) Co P,n,ed on...yd'd paper Town Clerk June 15, 2009 Page 2 AT&T requests a finding that zoning relief is not required in this instance, all such relief being if and to the extent necessary. Enclosed Materials: Enclosed is check made payable to the Town of North Andover for the filing fee of$100', an original for the Town Clerk and ten (10) copies of this letter and the following enclosures: 1. Copy of letter to Planning Board requesting Pre-application Conference, dated May 13, 2009; 2. Design Plan, Pages 1 through 13, dated February 4, 2009 and prepared by Cellular Specialties, Inc.; 3. Map of existing base stations near the Schneider Electric Buildings; 4. Historic Review Report, dated March 31, 2009 and prepared by EBI Consulting; 5. Outline For, Pre-Application Conference (as submitted at initial Planning Board conference on May 19, 2009) and its attachments, including manufacturer's specification sheets for the proposed Yagi (800 MHz band) and corner reflector (1900 Mhz band) antennas; 6. Roof plan of the Schneider Electric building depicting the approximate proposed location of the proposed antennas; 7. Set of photographs of an actual Yagi antenna and an actual corner reflector placed on the roof of the Schneider Electric building in the proposed location and at the proposed height; and 8. Set of photographs from numerous vantage points for 360 degrees around the Schneider Electric building demonstrating that the proposed antennas are not visible at ground level. Grounds for Appeal: When appealing a determination of the Building Inspector pursuant to MGL Ch. 40A, § 8, MGL Ch. 40A, § 15 requires the petitioner to "file a notice of appeal specifying the grounds thereof"with with the city or town clerk. The grounds of this appeal are that (I) the proposed In-Building Wireless Installation is an allowed accessory use under North Andover's Zoning Bylaw, § 4.135.12, and (II)the proposed In-building Wireless Installation is not a"Wireless Services Facility"within the meaning of Zoning Bylaw § 8.9.2(z). More particularly,the proposed In-Building Wireless System is an allowed accessory use under North Andover's Zoning Bylaw because: a. The Schneider Electric property is located in an Industrial "S" District. Per telephone conference with Zoning Board of Appeals office on 6-15-09, it was agreed that due to the large P g PP . n connection with this site the applicant may dela furnishing a check number of abutters required to be notified i o P Y Y � 9 P for postage and notices to abutters until such time as after the conclusion of the Planning Board hearing on the issue which is the subject of this appeal. {A0083370.1) .ANDERSON&YREIGER LLP LJ Primed on re Yded 1"j- Town Clerk June 15, 2009 Page 3 b. Zoning Bylaw § 4.135.12 allows research and development facilities, business, professional and other offices, light manufacturing, warehousing and wholesaling in an Industrial "S" District. c. Schneider Electric's business is an allowed use under these provisions. d. In an Industrial "S" District, Zoning Bylaw § 4.135.12 allows"[a]ny accessory use customarily incident to any of the above permitted uses,provided that such use shall not be injurious, noxious, or offensive to the neighborhood." e. The proposed In-Building Wireless System is an accessory use customarily incidental to the business uses allowed in the Industrial "S" District: i. It is designed for and will serve only Schneider Electric's in-building wireless needs for wireless phones, computers,hand-held devices and other wireless media being used in Schneider Electric's premises. ii. This wireless technology is essential for the day-to-day operation of Schneider Electric's business in the 21 st century. iii. There are numerous examples of private in-building systems operating in Massachusetts and throughout the country serving all types of businesses. iv. For example, in eastern Massachusetts, many AT&T In-Building Wireless Systems are installed in Essex County, Middlesex County and Suffolk County, including installations for: I. research and development companies, 2. laboratory facilities, 3. bio-medical science firms, 4. defense contractors, 5. security firms, 6. professional offices, 7. law firms, 8. insurance companies, 9. engineering firms, 10. pharmaceutical companies, 11. medical products companies, 12. financial institutions, 13. investment firms, 14. hospitals, 15. software manufacturing facilities, 16. information technology companies, P 17. computer companies, 18. digital imaging companies, {AO083370J} ANDERsoN&KREIGERLLP ���Feinted un r dal paper Town Clerk June 15, 2009 Page 4 19. energy management companies, 20. high technology companies, 21. communication technology companies, 22. accounting firms, 23.publishing companies, 24. consulting companies, 25. light manufacturing facilities, and 26. warehouse, shipping and wholesale facilities. v. Most if not all of these businesses are the very kinds of uses allowed by right in the Industrial "S"District. vi. Thus, In-Building Wireless Systems are now so commonplace that they have become customary and incidental uses accessory to sophisticated business enterprises such as Schneider Electric. vii. In no case has AT&T ever been required to proceed through local zoning to install such a system,even though each system commonly has one or more external antennas as part of its design. i viii. The proposed In-Building Wireless System will "not be injurious, noxious, or offensive to the neighborhood." In fact it will have no adverse effects whatsoever. More particularly,the proposed In-Building Wireless System is not a"wireless service facility" regulated under North Andover's Zoning Bylaw because: a. Zoning Bylaw § 8.9 regulates "wireless service facilities" defined as "Facilities used for the principle [sic] purpose of commercial or public wireless communications uses, such as cellular telephone services, enhanced specialized mobile radio services, microwave communications,wireless communications services,paging services and the like, as defined in § 704 of the Federal Telecommunications Act of 1996, as amended. Such facilities shall include towers, antennae, antennae support structures, panels, dishes and accessory structures." (Emphasis added.) b. In all cases involving an application for a"wireless service facility,"the "carrier must demonstrate that the facility is necessary in order to provide adequate service to the public." (Zoning Bylaw § 8.9(3)(a)(i); emphasis added). c. The proposed In-Building Wireless System is not a"wireless service facility" within the meaning of the Zoning Bylaw because its purpose is not to serve the public and it is not being proposed to provide adequate service to the public" in and around North Andover. I A0083370 ANDERSON&KmGERi.LP 0 11 I'd on re Y&d paper Town Clerk June 15, 2009 Page 5 d. The proposed In-Building Wireless System will not provide wireless coverage outside of Schneider Electric's premises. e. Rather, the proposed In-Building Wireless System will serve only Schneider Electric's in-building needs for wireless phones, computers, hand-held devices and other wireless media. f. To require a special permit and site plan approval (§ 8.9(l)(a))for the proposed In- Building Wireless System is neither intended by the Zoning Bylaw nor consistent with the minimal nature of the proposed installation. g. The stated purpose of the Town's wireless service facility bylaw is to "minimize the visual and environmental impacts as well as any potential deleterious impact on property value, of wireless service facilities upon properties located within the Town or adjacent thereto." (Zoning Bylaw § 8.9(l)(a)). h. The proposed In-Building Wireless System will not cause any such adverse effects whatsoever because the proposed installation involves: (1) No tower, (2) No equipment shelter, (3) No lighting, (4) No signage, (5) No noise, (6) No wetland disturbance, (7) No hazardous waste, (8) No storm water run-off, (9) No adverse effects on"conservation and preservation of developed, natural and undeveloped areas," (10) No adverse effects on"wildlife, flora and habitats for endangered species," (11) No adverse effects on the "protection of the natural resources of North Andover," (12) No adverse effects on the "enhancement of open space areas and respect for North Andover's rural character" and (13) No adverse effects on"Scenic Landscapes and Vistas." (i) To the extent the installation involves the placement of a small Yagi antenna and corner reflector on the roof of an historic building in an historic district, AT&T's qualified consultant(an Architectural Historian)has prepared a detailed report that the installation will have no adverse effect on the structure or the district. This report has been submitted to the Massachusetts Historical Commission and the North Andover Machine Shop Village Neighborhood Conservation District Commission for 2 review. 2 a. With respect to historic features under Zoning Bylaw § 8.9(4)(c),the proposed installation: (Ao083370A} ANDERSON&KREIGERLLP 1 0 Primcd on c y kd paper r Town Clerk June 15, 2009 Page 6 (j) In short,there is no rational basis to require a special permit and site plan review for this installation, and properly read the Bylaw does not require a special permit with site plan review for this accessory use. For the foregoing reasons, AT&T hereby requests that the Zoning Board of Appeals find that the installation of the In-Building Wireless System in the Schneider Electric building is an allowed accessory use and not a regulated wireless services facility within the meaning of the North Andover Zoning Bylaw. Thank you for your attention to this matter and please do not hesitate to contact me with any questions. Sin rely,.. Do gla�HWilkins cc: Planning Board(By Hand) Jay Perez, Esq. (By Email) Stephen Anderson, Esq. (By Email) Jennifer Dupuis (By Email) Gerald A. Brown,Building Inspector/ZEO (By Hand) 1. Does"not alter the character-defining features,distinctive construction methods,or original historic materials of the building," 2. Is"fully reversible," 3. Is"concealed within or behind existing architectural features,"and 4. Is"located so that[it is]not visible from public roads and viewing areas within the district." {n0083370.1 ANDERSON KREIGERLLP ii P'ro'd on rarkd pzper ANDERSON KREIGER LLP t- CEIVED �JUS l� P�12-- �5 DOUGLAS H.WILffiNS dwilkins@andersonkreiger.com TON OF Direct phone: 617-621-6580 NOR"I"H ANDOVER Direct fax: 617-621-6680 MASSACHUSETTS June 15,2009 BY FEDEX Joyce Bradshaw, Town Clerk Town of North Andover 120 Main Street North Andover,MA 01845 Dear Ms. Bradshaw: Enclosed in the original of the pdf I emailed to you today. VHWilskins DHW:skc enclosure One Canal Park, Suite 200 • CambridgX0MAgQ?141 • 617-621-6500 • Fax:617-621-6501 Printed on recycled paper PAGE 4 of 4 FINDING - 9. WRITTEN DOCUMENTATION Engineer,Registered Architect,and/or a Regis— Application FINDING FI ` Application for a Finding must be supported by a legibly Landscape Architect may be required for Major Projects. 'si,cws written or typed memorandum setting form in detail all TOWN OF NORTH ANDOVER facts retied upon,Ali dimensional requirements shalt be '10.C. "Required Features On Plan: clearly identified and factually supported when requesting A Site Orientation shall include: ZONING-BOARD OF APPEALS a Finding from the requirements of MGLA ch.40A,and 1. north point NAME: the North Andover Zoning Bylaws. All points,A-C,are 2. zoning district(s) ADDRESS OF APPEAL' Tmn GerkTom stamp required to be addressed with this application. 3. names of streets 4. wetlands(if applicable) Procedures&Requirements A. The particular use proposed for the land or structure. 5. abutters of property,within 300'radius B. Facts)relied upon to support a Finding that the 6. locations of buildings on adjacent properties for an Application for a Finding proposed extension or alteration shall not be more within 50'from applicants proposer!structure Ten(10)copies of the following information must be STEP 6: SCHEDULING OF HEARING AND substantially detrimental than the existing nor, 7. deed restrictions,easements. submitted thirty Go days prior to the first public hearing. PREPARATION OF LEGAL NOTICE: conforming use. M Legend&Graphic Aids shall Include: Failure to submit the required Nation within the The Office of the Zoning Board of Appeals schedules C. Address all appropriate details of the Building 1. Proposed features in solid fines&outlined in red time periods prescribed may result in a dismissal by the the applicant for a hearing data and prepares the legal Commissioner's denial 2. Existing features to be removed in dashed tines Zoning Board of an application as incomplete. notice for mailing to the parties in interest(abutters)and 3. Graphic Scales The information herein is an abstract of more specific for publication in the newspaper. The petworier.Is 4. Date of Plan requirements listed in the Zoning Board Rules and notified that the legs!notice has been prepared and the 10. PLAN OF LAND 5. Title of Plan Regulations and is not meant to supersede them.The cost of the Party in Interest fee. 6. Names addresses and phone numbers of the Each application to the Zoning Board of Appeals shall be applicant,owner of record,and land surveyor. 21111 pi;MW items thatre U STEP 7• DELIVERY OF LEGAL NOTICE TO accompanied by the following described plan(s). Plans 7. Locus. I INSPAPER must be submitted with this application to the Town STEP 1:ADMth11STRATOR PERMIT DENIAL Clerk's Office and ZBA secretary at least thirty(30)days The petkioner applies for a Building Peardtand The petitioner picks up the lege!notice from the Office prior to the public hearing before the Zoning Board of 10.D. Minor Projects receivers a Zoning Bylaw Denial form completed by the of the Zoning Board of Appeals and delivers the legal appeals., Minor projects,such as decks,sheds,and garages, Building Commissioner. notice to the local newspaper publication. shall require only the plan information as indicated with an asterisk(h. In some cases further information may STEP a: PUBLIC HEARING BEFORE THE LOI* IG A set of building elevation plans by p Registered STEP 2: FlNDNYG APpUCATKMI Fath• � Architect may be required when the application be required Petitioner completes an application form to Petition the The in hhsther behalf,or be involves new construction/conversion/andlor a Board of Appeals fora Finding. All information as proposed change in use. required In items 1 through and inc uding 11 shall be represented by an agent rx attorney. lrt ehhe absence of 11. APPLICATION FILING FEES any appearance without due cause on behalf of the 11.A Notification fees:Applicant shall e a check wmp�' petitioner,the Hoard shag decide on the matter by using 10.A. Major Projects °"f the information it has otherwise receives. Major projects are those which involve one of the or money order of?own of Month Andes'for!tire cost STEP try PIAN PREPARAT IM 'following whether existing or in first pass certified,M LA c receipt x#of all parties r' Petitioner subrnts all of the required plan information as 9 n9 proposed; STEP 8: DECISbN: 1)five,(5)or more parking spaces, !merest identified in MGos dm.4 he§71 on the abutter's r th section 10,pap 4 of this form. After the tiring,a copy of the Board's decision will be tial for the legal notice postage check. Also,the II)three(3)or more dwelling units, applicant shall supply first class postage stamps x the# STEP e•rygTAtN LIST OF PARTIES IN tNTERR;ST• cent til all Panties in Interest, Army appeal of the Board's III)ZOOO square feet of building area- of parties of ingest on the abutter's list for the decision decision may be made pursuant to Massachusetts Major Projects shall require,in addition to the 10B.& mai fing, I The petitioner requests the Assessor's Office to compile General taw ch.40A§17,within twenty(2Q)days after 10 C.features,that the pians show detailed utilities, a owned Iia of Parties in Interest(abutters), the decision is filed with the Town Clerk. soils,and topographic information. 11.B. Mailing fabeis:Applicant shall provide four(4) STEP a• SUBMIT APPLICATION sets of mailing labels no larger than i"x2-5/8'(3 copies ne Petitiorsubmits one(1)original and ten(10)Xerox The 10 RECORDING THE DECtS10N AND PLANS. 10.B."Plan Specifications: for the Legal mailing and one copy for the Decision The petitioner is responsi PAGE 2OF4 I Page 3of4 NORTH ANDOVER ZONING BOARD OF APPEALS application for a FI N D r--� NORTH ANDOVER ZONING BOARD OF APPEALS application for a Fl-Ne✓TN 7 Please corn tete all items 1-11 below: KIM 1. Pe'tionor: *Name,*Address and telephone number: NeW G t W Kzjf i ( „�TAT"� r oc s 6 B. Existing Lot: o ,,- &1111,qkS Lot Area Open Space .Percent Lot Frontage Parking Minimum(.ot Setback Sq.Ft. Sq.Ft Coverage Feet Spaces Front Side A Side B Rear R �ru�c.,- !� r--r C�,.a.(f '04'e, � Sid ?.Ou.T cau,.,s,icl�e> �f:�f) C32.1�_ "The petitioner shelf be Bred on the legal notice and the decision as entered above. 2. Owners of Land: Name, Address, telephone number, and number of years under this 6 C. Proposed Lot(s): ownership: - Lot Area Open Space Percent Lot Frontage Parking Minimum Lot Setback `, _ Sq.Ft Sq.Ft Coverage Feet Spaces Front Side A Side B Rear fii211b /,S , -4V Z ok( �✓A Years Owned Land: ,r vewr4 6D. Required Lot: (As required by zoning Bylaw&Tabie 2) 3. Location of Property: Lot Area Open space Percent Lot Frontage Parking Minimum Lot Setback Sq.Ft. Sq.FL Coverage feet Spaces Front Side A Side B Rear a. Street. l t{ jk 0 «/�lR rh t a1, ;-t) Zoning Dislpict '7UJ 9d S” b. Assessors: Map-number Lot Number. /_ 0 c. Registry of Deeds: Book Number. Page Number: 7A. Existing Building(s): Ground Floor Number of Height Total Use of Number Square feet Floors Sq.feet BugdIW of Units- 4. Zoning Bylaw Section(s)*under which the petitio for the Fin—ding is made. �� t 1 2pacl r�t � L o 2 zovzi i 'Refer to the Zoning Bylaw Denial and Plan Review Namethe form as supplied by the inspector of Buildings. "Reference Uses from the Zoning Bylaw&Table 1.-State number of units in building(s). 5. Describe the Finding request: 7B. Proposed Building(s): Ground Floor Number of. Height Total use of - Number Square feet Floors Sq.feet Building' of Units" ',/ / The above description shelf be used for the purpose of the legal notice and decision.Amore dataiNd dascdoon Is required pursuant to the Zoning Board Rules and Regulations as oited on page 4,section Y of this application.Failure by the applicant to describe the request clearly may result In a decision that does not address the intent of the applicant.The decision will be limited to the request by the applicant ,Reference Uses from.the Zoning Bylaw&Table 1.-State number of units in building(s). and will riot Involve additional Mems rot included above. - - - 8. Petitioner and Landowner signature(s): 6 A. Difference from Zoning Bylaw requirements: intricate the dimension(s)that will not meet Every application for a Finding shall be made on this form,which is the official Porn of the Zoning Board of Appeals. Every current Zoning Bylaw Requirements. (Lines A and B ere in case of a lot split) application shall be flied with the Town Clerk's Office. it shall be the responsibility of the petitioner to furnish an supporting documentation with this application.The dated copy of this application received by the Town Clerk or.the Zoning Board of Appeals Lot Area Open Space Percentage Lot Frontage Parking does not absolve the applicant from this responsibility. The pettgoner shag be responsible for all expenses for filing and legal Pe Pa 9 9 ng noflfieation.Failure to comply with application iqquirernentr,as cited herein and in the Zoning Board Rules and Regulations may Sq.FL Sq.FL Coverage Feet Spaces Front Side A Side 6 Rear result in a diamissalBo this Application as incomplete. A N//� — o�lc� .sem n14 VS 1,-,— is; z-3� � .�� Signature: WType above namefs)here: -T �j t dt3N — T SO :E19d 91r hoz A1, �4 4 • N�R'rN ' OftT4en b.q� C. , t6 O OL F+ � �SSacwuS BUILDING DEPARTMENT Community Development Division May 15, 2009 Planning Board Town of North Andover 1600 Osgood.Street Building 20, Suite 2-36 North Andover,Massachusetts 01845 RE: Proposed Wireless Service Facility for Schneider Electric by AT&T 1 High Street North Andover, MA Deas-Members of the Planning Board: lave reviewed the Wireless Service'l acilities Section 8.9.1.a w the Zoning Bylaw of the To` n of North Andover, which reads in part: °It is the express purpose of this Bylaw to minimize the visual and environmental impacts as well as any potential deleterious impact on properly value,of wireless service facilities upon properties located within the Town or adjacent thereto, No wireless service facility shall be placed,constructed or modified within the Town without first obtaining site plan approval from the Special Permit Granting Authority (SPGA).The Planning Board shall be the Special Permit Granting Authority for the issuance of a special permit to allow the placement,construction and modification of wireless service facilities within the town...." Further, 8.9.2—Definitions: reads in part: Z) Wireless Service Facility.Facilities used for the principle purpose of commercial or public wireless communications uses,such as cellular telephone services;enhanced specialized mobile radio services,microwave communications,wireless Communications services,paging services and the like, as defined in Section 704 of the Federal Telecommunications Act of 1996,as amended.Such facilities shall include towers,antennae,antennae support structures,panels,dishes and accessory structures. j aa) Wireless Services.The three types of services regulated by this Bylaw:commercial mobile radio services, unlicensed wireless services, and common carrier wireless exchange access services. i i Pagel of 2 1600 Osgood Street,Building 10,Suite 1-36,North Andover,Massachusetts 01845 + Phone 978.688.9545 Fox 978.688.9542 Web www.townatnorthondover.com O ,�tLso ,a'9y - O • x. - ��SSAToo CNus BUILDING DEPARTMENT Community Development Division Therefore, I am of the opinion that the request of New Cingular Wireless PCS,LLC("AT&T"}'s proposed"installation and operation of a wireless communications antenna on the roof of Building 6 and additional antennas and related equipment inside multiple other buildings"falls within-the scope of the above definitions and does require New Cingular to petition the North .Andover Planning Board,the Special Permit Granting Authority, for site plan approval in order to obtain a building permit. Sincerely, Gerald A. Brown, Inspector of Buildings/Zoning Enforcement Officer cc: Mark Rees, Town Manager Curt Bellevance, Community Development Director Judith M. Tymon, Town Planner Thomas J.Urbelis, Town Counsel Page 2 of 2 i f II I I; 1 t i 1 I { 1600 Osgood Street,Building 20,Suite 2-36,North Andover,Massachusetts 01845 Phone 978.688.9545 Fox 978.688.9542 Web www.townofnerthandover.com t ANDERSON KREIGER LLP DOUGLAS H.WILKINS MAY 13 Zoog dwilkins@andersonkreiger.com NUK i M A"ALJWVER Direct phone:(617)621-6580 PLANNING QFJ�MTN• Direct fax: (617)621-6680 May 13, 2009 BY HAND John Simons, Chairman Planning Board Town of North Andover 1600 Osgood Street North Andover, MA 01845 RE: Applicant: New Cingular Wireless PCS,LLC ("AT&T") Owner: RCG North Andover Mills LLC (Schneider Electric US, lessee) Site: 1 High Street(Map 69, Block 1, Lot 0) Re: Request for Pre-Application Conference for Proposed Wireless Installation Dear Chairman Simons and Board Members: AT&T respectfully requests to be added to the agenda for the next Planning Board meeting for a Pre-Application Conference regarding the installation and operation of a wireless communications antenna on the roof of Building No. 6,and additional antennas and related equipment inside multiple other buildings(the "Facility")located at the above property. I. ENCLOSED MATERIALS Enclosed are the original and eight(8)copies of this letter and the following enclosures: 1. Design Plan, Pages 1 through g g , dated February 4, 2009 and prepared by Cellular Specialities, Inc.; 2. Map of existing base stations near the Schneider Electric Buildings; and 3. Historic Review Report, dated March 31, 2009 and prepared by EBI Consulting; Please let us know if you can add this matter to the meeting agenda for May 19, 2009. Thank you. {Aooai6ov.a jne Canal Park, Suite 200 • Cambridge MA 02141 617-621-6500 • Fax:61.7-621-6501 . W Yriu4d on rccyalud p,par North Andover Planning Board May 13, 2009 Page 2 II. PROPOSED SITE DESIGN AT&T has determined that there is inadequate radio frequency signal to provide coverage inside the Schneider Electric Buildings located at 1 High Street,North Andover. The purpose of the proposed Facility is to address the in-building coverage gap only. To do this does not require a new telecommunications base station and will not provide coverage outside the buildings. To achieve this, AT&T proposes to place two antennas (known as yagi antennas) on the roof of the existing building known as Building No. 6 at Schneider Electric, 1 High Street. The rooftop antennas serve as essentially a repeater,which will operate as a link to send and receive signals between existing base stations and AT&T customers within additional buildings on the property. The rooftop antennas and associated equipment will amplify the existing signal received from those base stations for use within the buildings,much as a rooftop television antenna does. Inside the buildings, small antennas attached to ceilings and resembling a smoke detector will send and receive signal to and from cell phone users in the buildings. The interior antennas operate much like a wireless phone system or wireless computer network inside a home or office. These interior antennas will send and receive phone calls between users inside the buildings and the rooftop antennas, which will then transmit the signal to the existing outdoor base stations. This network of outdoor base stations will not be increased. A map showing the existing base stations nearest to the Schneider Electric Buildings is included at Tab 2. The proposed in-building system will not provide coverage outside the buildings. As shown on the schematic drawings submitted with this request for a pre- application conference, AT&T proposes to install, operate, and maintain a Facility consisting principally of the following elements: 1) Two yagi antennas located on the roof of 1 High Street, Building No. 6); 2) 21 interior ceiling mounted repeater antennas on multiple floors of multiple buildings,including 2 antennas in Building No. 5, 3 in Building No. 6, 10 in Building No. 7 and 6 in Building No. 37; 3) Cabling mostly within existing cable runs inside these buildings; and 4) Supporting equipment and switches within Telecommunications/Data closets inside the buildings. The yagi antennas themselves are about two feet long and are placed on a pole that is six feet high. No other external installation or feature is necessary to provide the necessary in-building coverage. {Ao081609.4} ANDERSON&KREIGERLLP C.1 Printed m recycled paper North Andover Planning Board • May 13, 2009 Page 3 The property where AT&T is proposing to install its Facility is located in the Industrial S district, and is also located in the Machine Shop Village Neighborhood Conservation District. AT&T has already had an initial meeting with the Machine Shop Village Neighborhood Conservation District Commission("Conservation District Commission")regarding its proposed installation,which was also attended by Town Plamler Judy Tymon. AT&T is willing to continue to work with the Conservation District Commission to ensure its Facility complies with the applicable requirements of the Machine Shop Village Neighborhood Conservation District Bylaw. Since the "Machine Shop Village" is a National Register Historic District,AT&T has enlisted the services of EBI Consulting to evaluate the impact of its proposed Facility. A copy of the Historic Review Report prepared by EBI Consulting is included at Tab 4. As the Board is aware, AT&T has also placed an inactive antenna on Building No. 6 at 1 High Street in order to conduct a visibility study, as well as allow others (including the Board and Conservation District Commission members)to see it for themselves. The Facility will be an unmanned,passive use, will not generate any appreciable noise, dust or odors and will not adversely affect the unique viewsheds and scenic values of North Andover. The location of the Facility largely inside multiple buildings, and careful siting of the antennas to be located on the roof of Building No. 6, at 1 High Street will mitigate adverse visual impacts. The Facility will not adversely affect environmentally sensitive areas,historically significant locations, or property values. The Facility will enable users at 1 High Street to access a state-of-the-art, fully digital system for voice communication, messaging, and data transmission and reception. III. CONCLUSION AT&T respectfully requests to be added to the agenda of the next Planning Board meeting for a Pre-Application Conference to discuss AT&T's proposed installation. It is AT&T's position that the proposed installation does not require zoning review by the Board, and AT&T seeks the Board's concurrence on that position after the discussion at the Pre-Application Conference. Please call or email to confirm the date, time and place that we are on the agenda. Thank you. Sinc ly, Yg H. Wilkins Enclosures cc: Jay Perez,Esq. (By Email w/o encl.) Stephen Anderson, Esq. (By Email w/o encl.) 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G)'AL . ;, r w► , , 1 �. x t" h :.x ��¢is. t g f v $ r r. 4 +� Bldg#37 i4 Oul,»M. x Bldg .j West Bldg VA #x qA Bldg#6 w i a `F " x South 44 d> #7 + to x lloogic g U , = u role A lar ' ' �07"N 71'C1T Melev2dm� Jul29,2ooi Lye nit at;t„ z v • x i= c r < x u , f s r. w EE w r �t n x a , w v. _ � k ,z l e° a s i 4 ; x ` t m- �r t q od" i x x } d w , towM x x a } e 21 $ Street Burlington, MA 01803 C o N 5 U L T I N G Tel: (781) 273-25DO www_ebiconsulting.com Fax: (781) 273-3311 March 31, 2DD9 Massachusetts Historical Commission Massachusetts Archives Building 220 Morrissey Boulevard Boston, MA 02125 Attn.: Historic Review Subject: Submission Packet,FCC Form 621,for proposed Telecommunications Project 1 High Street, North Andover, Essex County, Massachusetts Schneider Electric EBI Project Number: 61091126 In accordance with the Federal Communication Commission (FCC) National Environmental Policy Act (NEPA) rules and Section 106 of the National Historic Preservation Act (NHPA), the above-referenced telecommunications project is being evaluated by EBI for its potential effects to districts, sites, buildings, structures, or objects significant in American history, architecture, archeology, engineering, or culture that are listed, or potentially eligible for listing in the National Register of Historic Places (NRNP). Based on EBI's review of the characteristics and location of the proposed project, the project does not meet the exclusions stated in the"Nationwide Programmatic Agreement for Review of Effects on Historic Properties for Certain Undertakings Approved by the Federal Communications Commission," dated September 2D04 ("Nationwide Agreement"); therefore,the project is required to undergo Section 106 review with the State Historic Preservation Office, In accordance with the Nationwide Agreement, please find the attached Submission Packet, FCC Form 621, which presents the details on the proposed project as well as efforts that have been taken to identify, assess, and make determinations of effect on the impacts of the proposed project on Historic Properties. Please note that further archeological investigation is not recommended for this project. We would appreciate your review of the data for the proposed project presented above and shown on the attached form and attachments, On behalf of AT&T Mobility, LLC, I would appreciate your comments on this proposed telecommunications installation in a letter directed to the address noted above. Please do not hesitate to contact us if you have any questions or concerns on the proposed project or the information contained in this Submission Packet. Sincerely, Ms. Maureen A. Taylor Architectural Historian Phone: 781-418-232 F NIVIROBUSINESS INC.LOCATIONS I A T LL.NITA,GA I S T IMIORE.MSD I SURLJVG T ON.IVDA I CHICAGO,IL DL,LL',S TX 1 DENVER,CC i HOUSTON,TI, I LOS ANGELES CA I NEV k'YCCRK NY I PHOENIX.AZ I PORTLAND,OR S.AN FRANICISCO, CA ; SEA. LE VvA I YORK.PE. CO SUBMISSION PACKET--FCC FORM 621 Approved by OMB 3060-1039 Estimated Time Per Response: .5 to 10 hours Federal Communications Commission Washington, DC 20554 Collocation ("CO") Submission Packet FCC FORM 621 Introduction The CO Submission Packet is to be completed by or on behalf of Applicants who wish to collocate an antenna or antennas on an existing communications tower or non-tower structure by or for the use of licensees of the Federal Communications Commission ("FCC").' The Packet (including Form CO and attachments) is to be submitted to the State Historic Preservation Office ("SHPO") or to the Tribal Historic Preservation Office ("THPO"), as appropriate, before any construction or other installation activities on the site begin. Failure to provide the Submission Packet and complete the review process under Section 106 of the National Historic Preservation Act ("N HPA")z prior to beginning construction or other installation activities may violate Section 110(k) of the NHPA and the Commission's rules. The instructions below should be read in conjunction with, and not as a substitute for, the "Nationwide Programmatic Agreement for Review of Effects on Historic Properties for Certain Undertakings Approved by the Federal Communications Commission," dated , 2004, ("Nationwide Agreement"), the "Nationwide Programmatic Agreement for the Collocation of Wireless Antennas" (`Collocation Agreement"),3 and the relevant rules of the FCC (47 C.F.R. §§ 1.1301-1.1319) and the Advisory Council on Historic Preservation ("ACNP") (36 C.F.R. Part B00).' Exclusions and Scope of Use The CO Submission Packet should be submitted only for those collocations that are subject to Section 106 review. The CO Submission Packet should not be submitted for collocations that have been excluded from Section 106 Review by the Coliocation Agreement or the Nationwide Agreement. Where a collocation is to be completed but no submission will be made to a SHPO or THPO due to the applicability of one or more exclusions,the Applicant should retain in its files documentation of the basis for each exclusion should a question arise as to the Applicant's compliance with Section 106. The CO Submission Packet is to be used only for the collocation of an antenna or antennas on an existing communications tower or a non-tower structure. New tower constructions that are subject to Section 106 review should be submitted using the New Tower ("NT") Submission Packet (FCC Form 620). 1 A"communications tower" is a structure built for the sole or primary purpose of supporting FCC-licensed antennas and their associated facilities;other structures upon which antennas may be collocated are referred to as"non-tower structures." 16 U.S.C.§470f, 3 Nationwide Programmatic Agreement for the Collocation of Wireless Antennas, 16 FCC Rcd 5574, 5575-5581 (1NTB:March 16, 2001)("Collocation Agreement"); see also Fact Sheet Regarding the Implementation of the Nationwide Programmatic Agreement with Respect to Collocating Wireless and Broadcast Facilities on fxisang Towers and Structures, Notice, 67 Fed. Reg. 5282(Feb. 5,2002). 4Section II.A.9. of the Nationwide Agreement defines a 'historic property" as: "Any prehistoric or historic district, site, building, structure, or object included in, or eligible for inclusion in, the National Register maintained by the Secretary of the Interior. This term includes artifacts, records, and remains that are related to and located within such properties. The term includes properties of traditional religious and cultural importance to an Indian tribe or NHO that meet the National Register criteria." Applicant's Name: AT&T Mobility, LLC Project Name: Schneider Electric Project Number: FCC Form 621 Page 1 December 2007 CO,SUBMISSIDN PACKET--FCC FORM 621 Approved by OMB 3060-1039 Estimated Time Per Response: .5 to 10 hours General Instructions: Form CO Fill out the answers to Questions 1-5 and provide the requested attachments. Attachments should be numbered and provided in the order described below. For ease of processing, provide the Applicant's Name, Applicant's Project Name, and Applicant's Project Number in the lower right hand corner of each page of Form CO and attachments.$ 1. Applicant Information Full Legal Name of Applicant: AT&T Mobility, LLC FCC Registration Number (FRN): Name and Title of Contact Person: Kimberly Russell, Sr. Manager— Reaulato[y Address of Contact Person (inc)uding Zip Code): 5601 Legacy Drive, MS:A-3, Plano,TX 75024 Phone: 469-229-7491 Fax: 469-229-7295 E-mail address: ATTIAobilitvNEPA@ATT.com 2. Applicant's Consultant Information Full Legal Name of Applicant's Section 106 Consulting Firm: EnviroBusiness Inc. d/b/a EBI Consulting Name of Principal Investigator: Maureen A Taylor Title of Principal Investigator. Architectural Histoian Investigator's Address: 21 B Street City: Burlington State: MA Zip Code 01803 Phone: 781-418-2325 Fax: 781-418-2375 E-mail Address: mtaylorgebiconsulting.com Does the Principal Investigator satisfy the Secretary of the Interior's Professional Qualification Standards?6 ,YES / NO. Areas in which the Principal Investigator meets the Secretary of the Interior's Professional Qualification Standards:. Architectural History E Some attachments may contain photos or maps on which this information can not be provided. 6 The Professional Qualification Standards are available on the cultural resources webpage of the National Park Service, Department of the interior. <gip://www.cr,rl;2s.goy/local-law/arch studs 9.htm>. The Nationwide Agreement requires use of Secretary-qualified professionals for identification and evaluation of Historic Properties within the APE for direct effects,and for assessment of effects. The Nationwide Agreement encourages,but does not require,use of Secretary-qualified professionals to identify Historic Properties within the APE for indirect effects. See Nationwide Agreement, §§ VI.D.1.d, VI.D.I.e, VI.D.2.b, VI.E.5. Applicant's Name: AT&T Mobility, LLC Project Name: Schneider Electric Project Number: FCC Form 621 Page 2 December 2007 CO SUBMISSION PACKET FCC FORM 621 Approved by OMB 3060.1039 Estimated Time Per Response: .5 to 10 hours Other "Secretary of the Interior qualified"staff who worked on the Submission Packet (provide name(s) as well as well as the area(s) in which they are qualified): None 3. Collocations and Site Information a. Street Address of Site: 1 High Street City or Township: North Andover County/ Parish: Essex County State; MA Zip Code: 01845 b. Nearest Cross Roads: Water Street / c, NAD 83 Latitude/Longitude coordinates (to tenth of a second): N 42° 42' 5.78";W 71' 7' 35.03" d. Tower or non-tower structure height above ground level, including proposed collocation: 45 feet; 13.7 meters e, Description of antennas to be collocated (e.g.,type, number, shape, dimensions, color): One vagi antenna one corner antenna and 21 interior ceiling_mounted repeater antennas f. Approximate height of collocation above ground level: 45 feet; 13.7 meters; if antennas to be located on different levels, describe their placement. Two rooftop antennas at 45 feet' interior antennas on multiple floors of multiple buildings g, Structure. This Form CO pertains to collocation of antenna(s) on: E a communications tower or ® a non- tower structure (check one). If a non-tower structure, briefly describe the structure: Brick mill building complex h. If the antennas will be collocated on a communications tower, check the appropriate box: [] guyed lattice tower F� self-supporting lattice F� monopole other (briefly describe tower) I, Structure Completion. Indicate the date that the existing communications tower or non-tower structure was built (date on which construction activities ended): 1860 1910 1923 and 1992 j. Section 106 Review. Has the communications tower or non-tower structure been the subject of SHPO/THPO review pursuant to Section 1D6 of the National Historic Preservation Act? If so, identify the company that made the submission,the date it was submitted, and the SHPO/THPO reference number. Include top-mounted attachments such as lightning rods. Applicant's Name: AT&T Mobility, LLC Project Name: Schneider Electric Project Number: FCC Form 621 Page 3 December 2007 CO SUBMISSiON PACKET--FCC FORM 621 Approved by OMB 3D60-1039 Estimated Time Per Response: .5 to 10 hours Unknown k. Based on the Applicant's research (see Attachments 8 and 9), is the existing communications tower or non- tower structure listed or eligible for listing in the National Register? ®Yes❑ No 4, Current Status of Coliocation:8 a. ® Construction and/or installation not yet commenced; b. Construction and/or installation commenced on [date] ; or, c. Construction and/or installation commenced on [date] and completed on [date] 5. Applicant's Determination of Effect-Above Ground Historic Properties: a. Direct Effects (check one): i. F-1 No Historic Properties in Area of Potential Effects ("APE")for direct effects; ii. F-1 "No effect" on Historic Properties in APE for direct effects; Ji. ® "No adverse effect" on Historic Properties in APE for direct effects; iv. 7 "Adverse effect" on one or more Historic Properties in APE for direct effects. b. Visual Effects (check one): L ❑ No Historic Properties in Area of Potential Effects ("APE")for visual affects; ii. "No effect" on Historic Properties in APE for visual effects; iii. ® "No adverse effect" on Historic Properties in APE for visual effects; iv. "Adverse effect" on one or more Historic Properties in APE for visual effects. Certification and Signature I certify that all representations on this FCC Form 621 and the accompanying attachments are true, correct,and complete. :?, . March 31, 2009 Signature Date Maureen A Taylor Architectural Historian Printed Name Title WILLFUL FALSE STATEiVIENTS MADE ON THIS FORM OR ANY ATTACHMENTS ARE PUNISHABLE BY FINE AND/OR IMPRISONMENT (U.S. Code,Title 18,Section 1001)AND/OR REVOCATION OF ANY STATION LICENSE OR CONSTRUCTION PERMIT (U.S.Code,Title 47,Section 312(a)(1)AND/OR FORFEITURE(U.S.Code,Title 47,Section 603). B Failure to provide the Submission Packet and complete the review process under Section 106 of the NHPA prior to beginning construction or other installation activities may violate Section 110(k) of the NHPA and the Commission's rules. See Section X of the Nationwide Agreement. Applicant's.Name: AT&T Mobility LLC Project Name: Schneider Electric Project Number: FCC Form 621 Page 4 December 2007 CO SUBMISSION PACKET--FCC FORM 621 Approved by OMB 3060-1039 Estimated Time Per Response: .5 to 10 hours Attachments Provide the following attachments in this order and numbered as foilows: Attachment 1. RLssumtss/Vitae. Provide a current copy of the r6.sum6 or curriculum vitae for the Principal Investigator and any researcher or other person who contributed to, reviewed, or provided significant input into the research, analysis, writing or conclusions presented in the Submission Packet for this proposed facility. A current copy of the resume for the Principal Investigator and any researcher or other person who contributed to, reviewed, or provided significant input into the research, analysis, writing or conclusions presented in the Submission Packet for this proposed facility is attached unless already on file with the SHPO office. Attachment 2. Additional Site Information Describe any additional structures,access roads, utility lines,fences,easements, or other construction planned for the site in conjunction with the proposed collocation and related facilities. Use this attachment to provide additional details needed to provide a full and accurate description of any structural alterations,additions, or other construction activities that will take place to complete the collocation. The Subject Property, located at 1 high Street, North Andover, MA is situated within a mixed-use neighborhood known as Machine Shop Village that developed during the mid-nineteenth century. It is characterized by two large factory complexes and primarily multi-family worker housing. The Subject Property consists of an approximately 9.57-acre lot that is improved by a former factory complex consisting of eight buildings. The buildings occupy most of the lot with a landscaped courtyard on the east central portion. The complex was built in three primary stages, the 1 B60s, 191 Os-20s, and 19BOs-1990s. It was constructed as Davis & Furber Machine Company which was in operation into the 1970s until Schneider Electric moved in 1979. AT&T Mobility, LLC proposes to install a total of twenty-one ceiling-mounted antennas and one repeater within the Subject Property buildings. Interior antennas are approximately the size and shape of a standard interior smoke detector. Two antennas will be located in Building #5, three in Building #6, ten in Building #7, and six in Building #37, Associated telecommunications equipment will be placed within the equipment closets of each building. Two donor antennas will be located on the rooftop of Building #6, one corner reflector and one yagi antenna, at a height of 45 feet above ground level. Please refer to the Project Pians for the proposed project,which are included in Attachment 12, Maps. Applicant's Name: AT&T Mobility, LLC Project Name: Schneider Electric Project Number: FCC Form 621 December 2007 CO SUBMISSION PACKET--FCC FORM 621 Approved by OMB 3060-1039 Estimated Time Per Response: .5 to 10 hours Attachment 3. Tribal and NHO Involvement At an early stage in the planning process,the Nationwide Agreement requires the Applicant to gather information from appropriate Indian Tribes or Native Hawaiian Organizations ("NHOs) to assist in the identification of Historic Properties of religious and cultural significance to them. Describe measures taken to identify Indian tribes and NHOs that may attach religious and cultural significance to Historic Properties that may be affected by the co@location within the Areas of Potential Effects ("APE'l for direct and visual effects. If such Indian tribes or NHOs were identified, list them and provide a summary of contacts by the FCC,the Applicant, or the Applicant's representative. Provide copies of relevant documents, including correspondence. If no such Indian tribes or N HOs were identified,please explain. As per the directive of AT&T Mobility, LLC, consultation with Tribes regarding the potential effect of this project on historic or traditional cultural properties was not initiated by EBI Consulting. Attachment 4. Local Government a. Has any local government agency been contacted and invited to become a consulting party pursuant to Section V.A. of the Nationwide Agreement? If so, list the local government agencies contacted. Provide a summary of contacts and copies of any relevant documents(a.¢,correspondence or notices), The Machine Shop Village Neighborhood Conservation Commission has been notified of the proposed project and has been invited to comment on the proposed project's potential effects on Historic Properties as well as indicate whether they are interested in consulting further on the proposed project. A copy of our correspondence with the local government office is attached. As of the date of this submission packet, no comments from the Neighborhood Conservation Commission have been received by EBI. Should a response be received,copies will be forwarded to all consulting parties as an addendum to this submission packet. b. If a local government agency will be contacted but has not been to date, explain why and when such contact will take place. N/A Applicant's Name: AT&T Mobility, LLC Project Name: Schneider Electric Project Number: FCC Form 621 December 2DD7 21 B Street WEB 1 B03 Tel: (7B1) 273-25DO C O N B U L T i N G Fax: (7B1) 273-3311 www.ebicansulting.com March 26, 2DD9 Curt I Beilavance,AICP, director of Community Development c!o Machine Shop Village Neighborhood Conservation District Commission 1600 Osgood Street North Andover, MA 01845 Subject: Invitation to Comment Schneider Electric 1 High Street, North Andover, Essex County, MA EBI Project#61091126 Dear Mr, Bellavance: Pursuant to Section 106 of the National Historic Preservation Act,the regulations promulgated thereunder and interagency agreements developed thereto, EBI Consulting, Inc. on behalf of AT&T Mobility, LLC provides this notice of a proposed telecommunications facility installation at the address listed above. EBI would like to inquire if you would be interested in commenting on this proposed project. Please refer to the attached Project Summary Form for complete details regarding this proposed project. Please note that we are requesting your review of the attached information as part of the Section 106 process only and not as part of the local zoning process. We are only seeking comments related to the proposed project's potential effect to historic properties. Please submit your comments regarding the proposed project's potential effect on historic properties to EBI Consulting, to my attention at 21 B Street, Burlington, MA 01803 or contact me via telephone at the number listed below. Please reference the EBI project number. We would appreciate your comments as soon as possible within the next 30 days. Please do not hesitate to contact me if you have any questions or concerns about the proposed project. Respectfully Submitted, Ms. Maureen A.Taylor Architectural Historian Phone:781-418-2325 E-Fax: 781-418-2375 Email: mtaylor@ebiconsulting.com Attachment A-Project Summary Form Attachment B- Figures, Drawings, and Maps EPJVIROBUSINESS, INC.LOCATIONS IONS IATL,` T A,GA I BAL T IiVIORE,IAD I BURLINGTON,MA CHICAGO,IL CRA.NSTON,RI DALLAS,TX I DENVER,COI E;-ETER, NH I HOUSTDN,TX I LOS ANGELES,CA I NE`Al YORK, NY PHOENll:,AZ i, PDRTLAND, OR ; SAN FRANCISCO, CA j SEATTLE,VVA I YORK,PA Op-rima Shipping & Tracking Page 1 of 1 Shipped via Optima Worldwide Shipping on behalf of: E51Consulting Pate( EBI Consulting 21 3 Street ima- Burlingtc)n, MA 018D3 Pj SHIP DATE 03/26/2D09 TRACKING NUMBER B70045202D94BD4 ACCOUNT# 951D-6964 PR03ECT NUMBER-REPORT TYPE 61D91126 Ship To Address: Curt T Bellavance, AICP, director of Community Development Machine Shop Village Neighborhood Conservation District Commission 1600 C)SgDDd Street North Andover, MA 01845 US Phone Number: SERVICE LEVEL VALUE OTHER SERVICES PACKAGE NOTES/SPECIAL INSTRUCTIONS STANDARD OVERNIGHT 100 1 OF i U S JACK TO SELFP�FId __._..._._. _ _....................................._ _.._......._ _._..�._.._.__.....__......_... r_ _._._..__.._...... .._...........—..--.. =OLD HERE AND PLACE IN WINDOW ENVELOPE- SECURELY ATI ACH 'WINDOW ENVELOPE TO SHIPMENT http:i/shipping.shipoptuna.cona/action/viewShippingLabel?package=B70045202094804& 3/26/2009 CO SUBMISSION PACKET--FCC FORM 621 Approved by OMB 3060-1039 Estimated Time Per Response: .5 to 10 hours Attachment 5. Public Involvement Describe measures taken to obtain public involvement in this project (eg., notices, letters, or public meetings). Provide copies of relevant documentation. Attached, please find a copy of legal notice regarding the proposed telecommunications installation that was posted in The Eagle-Tribune on March 31, 2009. As of the date of this submission packet, no comments regarding this notice have been received by EBI. Should a response be received, copies will be forwarded to all consulting parties as an addendum to this submission packet. it Applicant's Name: AT&T Mobility. LLC Project Name: Schneider Electric Project Number: FCC Form 621 December 2007 21 B Street a��` E B Burlington, MA 01803 Tel: (7B1) 273-25DO C o 1 S U t T I n G Fax: (781) 273-3311 www.ebiconsufting.com March 26, 2009 The Eagle-Tribune 1 DO Turnpike Street North Andover, MA 01845 978-946-23DO Subject: Request for Public Notice EBI Project#61091126 EBI Consulting (EBI), on behalf of AT&T Mobility, LLC, would like to place the following ad in your paper for print on the next date available. Please send a tear sheet of the ad for confirmation to the address noted on the letterhead. The following is the text of the Public Notice: AT&T Mobility, LLC is proposing to install new wireless telecommunications antennas on an existing building located at 1 High St., North Andover, MA. The new facility will consist of twenty-one ceiling-mounted antennas and one repeater within four buildings and two donor antennas located on the rooftop of Building #6 at a height of 45 feet above ground level. Any interested party wishing to submit comments regarding the potential effects the proposed facility may have on any historic property may do so by sending such comments to: Project 61091126- MAT c/o EBI Consulting, 21 B St.,Burlington, MA 01 B03 or via telephone at 781-273-25DO Please send an invoice for the cost of the posting to the address noted above. Please reference EBI Project #61091126 on any correspondence pertaining to this project,to ensure prompt processing. Please e-mail or call me with any questions or concerns concerning this publication. Thank you for your time. Sincerely, Ms. Maureen A. Taylor Architectural Historian Phone: 781-418-2325 E-Fax: 781-41 B-2375 Email: mtaylor@ebiconsulting.com Theodore Tomich From: TLindner@eagletribune.com Seat: Thursday, March 26, 2009 3:51 PM To: Maureen Taylor Subject: Re: Legal notice for N.Andover(EBI 61091126) Attachments: 61091126 Public Notice.doc I can run this Tues for you. A tearsheet will be mailed to you after publicaiton. Terri Lindner Advertising Consultant Eagle Tribune Publishing Co. 978-946-2412 ph 877-927-9400 fax tlincdr:er6eaeletribune.com "Maureen Taylor" <mtaylor@ebiconsu iting.com> To <leeals6eaeletribune.com> 03/26/2009 03:40 cc PM Subject Legal notice for N. Andover (EBI 61091126) Please find a legal notice attached for publication on the next date available, to run for one day. Billing information is included in the attachment. Please confirm receipt of notice and the date it will run. Thank you Maureen A. Taylor Architectural Historian EBI Consulting (781)418-2325(See attached file: 61091126 Public Notice.doc) 1 CO SUBMISSION PACKET--FCC FORM 621 Approved by OMB 3060-1039 Estimated Time Per Response: .5 to 10 hours Attachment 6. Additional Consulting Parties List additional consulting parties that were invited to participate by the Applicant, or independently requested to participate. Provide any relevant correspondence or other documents. The Massachusetts Commission on Indian Affairs been identified and invited to comment on the proposed project's effect on Historic Properties. Attached, please find copies of relevant correspondence to date with this party. As of the date of this submission packet, no comments from this party have been received by EBI. Should a response be received,copies will be forwarded to all consulting parties as an addendum to this submission packet. Applicant's Name: AT&T Mobility, LLC Project Name: Schneider Electric Project Number: FCC Form 621 December 2007 p}t-, 21 B Street 4 Burlington, MA 01803 AME ITel: (781) 273-2500 C O N S tJ L T T N G Fax: (781) 273-3311 www.ebicortsuitirig.com March 26, 2009 Mr.John Peters,Jr. Commonwealth of Massachusetts Commission on Indian Affairs 1 DO Cambridge Street, Suite 3DD Boston, MA 02114 Subject: Invitation to Comment Schneider Electric 1 High Street, North Andover, Essex County, MA EBI Project#61091126 Dear Mr. Peters: Pursuant to Section 1 D6 of the National Historic Preservation Act, the regulations promulgated thereunder and interagency agreements developed thereto, EBI Consulting, Inc. on behalf of AT&T Mobility, LLC provides this notice of a proposed telecommunications facility installation at the address listed above. EBI would like to inquire if you would be interested in commenting on this proposed project Please refer to the attached Project Summary Form for complete details regarding this proposed project. Please note that we are requesting your review of the attached information as part of the Section 1D6 process only and not as part of the local zoning process. We are only seeking comments related to the proposed project's potential effect to historic properties, including archaeologically sensitive sites and Traditional Cultural Properties. Please submit your comments regarding the proposed project's potential effect on historic properties to EBI Consulting, to my attention at 21 B Street, Burlington, MA 01803 or contact me via telephone at the number listed below. Please reference the EBI project number. We would appreciate your comments as soon as possible within the next 30 days. Please do not hesitate to contact me if you have any questions or concerns about the proposed project. Respectfully Submitted, fps. Maureen A. Taylor Architectural Historian Phone: 781-418-2325 E-Fax: 781-418-2375 Email: mtaylor9ebiconsulting.com Attachment A- Project Summary Form Attachment B- Figures, Drawings, and Maps EP "JIROBUSINESS, !WC. LOCATIONS I ATLANTA, GA BALTRAOP.E,I`ID BUPLiNGTON,WiiA CHICAGO. IL CR AI,,,1STON,RI 1 DALLAS,TX I DENVER,CO i EXETER,NH I HOUSTON.,TX I LOS ANGELES,CA j N VV PORP;, IVY PHOENIIX,AZ 1 PORTLAND, OR I SAN FRANCISCO,CA. 1 SEATTLE,VvA OP,K.PA Optima Shipping & Tracking Paae 1 of l Shipped via Optima Worldwide Shipping on behalf of: Bngi Patel EI CD3Consulting 21 B Street tima 5urlington, MA 01603 p 0 �'i Gam°DO "p' SHIP DATE D3/26/2009 TRACKING NUMBER B70045202098BD4 ACCOUNT# 9510-6964 PROJECT NUMBER-REPORT TYPE 61091126 Ship TO Address: Mr. Sohn Peteres, ]r Commonwealth of Massachusetts 100 Cambridge Street Suite 300 Boston, MA 02114 US Phone Dumber: SERVICE LEVEL VALUE OTHER SERVICES PACKAGE NOTES/SPECIAL INSTRUCTIONS STANDARD OVERNIGHT 100 1 OF 1 S BACK TO SKIPP NG FOLD HERE AND PLACE IN WINDOW ENVELOPE-SECURELY ATI ACH WINDOW ENVELOPE TO SHIPMENT http://shIppmer.shipoptima.com/action/i7iewShippino-Label?package=B70045202098804& 3/26/2009 CO SUBMISSION PACKET—FCC FORM 621 Approved by OMB 3060-1039 Estimated Time Per Response: .5 to 1 D hours Attachment 7. Areas of Potential Effects a. Describe the APE for direct effects and explain how this APE was determined. The APE for direct effects is defined as the area of potential ground disturbance and any property, or any portion thereof that will be physically altered or destroyed by the Undertaking. On November 24, 2DD8, the FCC further clarified that the APE-Direct Effects is limited to the tower or non-tower structure on which the collocation will be installed and the lease area including the access route and utility corridor. Ms. Maureen A Taylor, Architectural Historian of EBI completed a field survey on March 24, 2009 and determined that the APE for direct effects is limited to the Subject Property buildings. b. Describe the APE for visual effects and explain how this APE was determined. The APE for visual effects is the geographic area in which the Undertaking has the potential to introduce visual elements that diminish or after the setting, including the landscape, where the setting is a character-defining feature of a Historic Property that makes it eligible for listing on the National Register. Ms. Taylor of EBI completed a field survey on March 24, 2009 and determined that the APE for visual effects for this project is limited to an area within a 250-foot radius of the Project Area. Attachment B. Historic Properties Identified in the APE for Visual Effects a. Provide the name and address (including U.S. Postal Service ZIP Code) of each property in the APE for visual effects that is listed in the National Register, has been formally determined eligible for listing by the Keeper of the National Register, or is identified as considered eligible for listing in the records of the SHPOITHPO, pursuant to Section VI.D.1.a.of the Nationwide Agreement.9 Based on a review of files conducted by Ms. Taylor of EBI at the Massachusetts Historical Commission on March 18, 2009.the following Historic Properties were identified within the APE for visual effects: NRHP/ Distance Listed( Address or Nearest Intersection from EBI SHPO Historic Property NRHP (including U.S. Postal Service Project Photo Inventory Name ZIP Code d No. Eligibility No. ) Site Listed MHC Machine Shop Roughly bounded between Main Project 6, 7, 13, #NAD.0 Village Historic Street, Osgood Pond, Cochi site in 14 District chewick Brook, and Davis district Street, North Andover, MA b. Provide the name and address (including U.S. Postal Service ZIP Code) of each Historic Property in the APE for visual effects, not listed in Attachment 8a, identified through the comments of Indian Tribes, NHOs, local governments, or members of the public. Identify each individual or group whose comments led to the inclusion of a Historic Property in this attachment For each such property, describe how it satisfies the criteria of eligibility(36 C.F.R.Part 63). 9 Section Vf.D.1.a. of the Nationwide Agreement requires the Applicant to review publicly available records to identify within the APE for visual effects: i) properties listed in the National Register; ii) properties formally determined eligible for listing by the Keeper of the National Register;iii)properties that the SHPO/THPO certifies are in the process of being nominated to the National Register; iv) properties previously determined eligible as part of a consensus determination of eligibility between the SHPO/THPO and a Federal Agency or local government representing the Department of Housing and Urban Development (HUD); and, v) properties listed in the SHPO/THPO Inventory that the SHPO/THPO has previously evaluated and found to Register criteria and that are identified accordingly in the SHPO/THPO Inventory. meet the Nationale 9 Y g Applicant's Name: AT&T Mobility, LLC Project Name: Schneider Electric Project Number. FCC Form 621 December 2007 CO SUBMISSION PACKET---FCC FORM 621 Approved by OMB 306D-1 D39 Estimated Time Per Response: .5 to 10 hours As of the date of this report, EBI has not received comments from Indian Tribes, NHOs, local governments, or members of the public that identify Historic Properties in the APE for visual effects that are not listed in Attachment Ba. c. For any properties listed on Attachment 8a that the Applicant considers no longer eligible for inclusion in the National Register,explain the basis for this recommendation. EBI does not consider any of the properties listed in Attachment Ba no longer eligible for inclusion in the National Register of Historic Places. Attachment 9. Historic Properties Identified in the APE for Direct Effects a. List all properties identified in Attachment 8a or Bb that are within the APE for direct effects. Based on a review of files conducted by Ms. Taylor of EBI at the Massachusetts Historical Commission on March 18, 2D09, no Historic Properties were identified within the APE for direct effects.the following Historic Properties were identified within the APE for direct effects: NRNP/ Distance Listed/NRHP SFiPO Historic Property Address or Nearest Intersection from EBI (including U.S.Postal Service ZIP Photo EligibiProjectmlity Inventory Name Code) No. No. Site Contributing MHC Davis & Furber 1 High Street, North Andover, MA Project 1 5 resource to #NAD.46, Machine Site historic NAD.269, Company district NAD.270 b. Provide the name and address (including U.S.Postai Service ZIP Code) of each property in the APE for direct effects, not listed in Attachment Sa, that the Applicant considers to be eligible for listing in the National Register as a result of the Applicant's research. For each such property, describe how it satisfes the criteria of eligibility (36 C.F.R. Part 63). For each property that was specifically considered and determined not to be eligible,describe why it does not satisfy the criteria of eligibility. There are no properties located in the APE for direct effects that are not listed in Attachment 9a. c. Describe the techniques and the methodology, including any field survey, used to identify Historic Properties within the APE for direct effects," If no archeological field survey was performed, provide a report substantiating that i) the depth of previous disturbance exceeds the proposed construction depth (excluding footings and other anchoring mechanisms) by at least 2 feet; or, il) geomorphological evidence indicates that cultural resource-bearing soils do not occur within the project area or may occur but at depths that exceed 2 feet below the proposed construction depth." As noted in Attachment 9a, a review of files at the Massachusetts Historical Commission on March 18, 2009 was conducted by Ms. Taylor of EBI in order to identify listed Historic Properties within the APE for direct effects. In addition, Ms. Taylor completed a field survey of the APE for direct effects in order to identify any additional Historic Properties located within the APE for direct effects that were not listed in the SHPO 10 Pursuant to Section VI.D.2.a. of the Nationwide Agreement, Applicants shall make a reasonable and good faith effort to identity above ground and archeological Historic Properties, including buildings, structures,and historic districts,that lie within the APE for direct effects. Such reasonable and good faith efforts may include a field survey where appropriate. 1 Under Section VI.D.2.d. of the Nationwide Agreement, an archeological field survey is required even if none of these conditions applies, if an Indian tribe or NHO provides evidence that supports a high probability of the presence of intact archeological Historic Properties within the APE for direct effects. Applicant's Name: AT&T Mobility, LLC Project Name: Schneider.Electric Project Number: FCC Form 621 December 2007 CO SUBMISSION PACKET--FCC FORM 621 Approved by OMB 3DBD-1D39 Estimated Time Per Response.: .5 to 10 hours inventories. Ms, Taylor used the results of these activities in order to evaluate the National Register eligibility of the any additional Historic Properties within the APE for direct effects. According to the project plans provided to EBI by AT&T Mobility, LLC, no ground disturbance is planned for this project; therefore, archeological Historic Properties will not be impacted by the proposed project and an archeological investigation has not been completed to date. Attachment 10. Effects on Identified Properties For each property identified as a Historic Property in Attachments 8 and 9: a. Indicate whether the Applicant believes the proposed collocation would have a) no effect; b) no adverse effect; or, c) an adverse effect Explain how each such assessment was made. Provide supporting documentation where necessary. Based on a review of files conducted by Ms. Taylor of EBI at the Massachusetts Hisotrical Commission on March 18, 2D09, the results of any comments received from Indian Tribes, NHOs, local governments, or members of the public that identify Historic Properties in the APE for visual effects that are not listed in Attachment Ba, and the results of Ms. Taylor's evaluation of each property in the APE for direct effects, not listed in Attachment 9a, according to the National Register of Historic Places criteria of eligibility (36 C.F.R. Part 63),the following Historic Properties have been identified within the APE and the effect of the project on each property are outlined as follows. NRHP/ Historic Property Effect EBI Inventory Explanation of Effect Determination Photo Number Name Determination No NAD.46, Davis & Furber No adverse effect The installation is primarily an 1-5 .269, .270 Machine Company interior install utilizing existing equipment rooms and cable runs, Donor antennas will be located on the rooftop next to an existing antenna, and due to their location behind an existing stairway tower they will be barely visible. Therefore the proposed facility will not diminish the historic character of this property. NAD.0 Machine Shop Village No adverse effect Donor antennas will be located on 6, 7, 13, Historic District the rooftop next to an existing 14 antenna, and due to their location behind an existing stairway tower they will be barely visible. The remaining installation is on the building interior. Therefore the proposed facility will not diminish the historic character of this property. b. Provide copies of any correspondence and summaries of any oral communications with the SHPOITHPO. As of the date of this report,there has been no correspondence with the SHPO/THPO. c. Describe any alternatives that have been considered that might avoid, minimize, or mitigate any adverse effects. Explain the Applicant's conclusion regarding the feasibility of each alternative. Applicant's Name: AT&T Mobility, LLC Project Name: Schneider Electric Project Number: FCC Form 621 December 2007 CD SUBMISSION PACKET--FCC FORM 621 Approved by OMB 3D6D-1039 Estimated Time Per Response: .5 to 10 hours As noted in Attachment 10, no adverse effects are expected as a result of the proposed facility; therefore alternatives that might avoid, minimize, or mitigate any adverse effects need not be considered. Attachment 11. Photographs Except in cases where no Historic Properties were identified within the Areas of Potential Effects, submit photographs as described below. Photographs should be in color, marked so as to identify the project, keyed to the relevant map (see Item 12 below) or text,and dated;the focal length of the lens should be noted.The source of any photograph included but not taken by the Applicant or its consultant (including copies of historic images) should be identified on the photograph. a. Photographs taken from the collocation site should show views from the proposed location in all directions. The direction (e.g., north, south, etc.) should be indicated on each photograph, and, as a group, the photographs should present a complete (360 degree) view of the area around the communications tower or non-tower structure. b. Photographs of all listed and eligible properties within the Areas of Potential Effects. c. If any listed or eligible properties are visible from the proposed collocation site, photographs looking at the site from each historic property. The approximate distance in feet(meters) between the site and the historic property should be included. d, Aerial photos of the APE for visual effects,if available. Please see the attached Photographs, which were taken by Ms. Taylor of EBI on March 24, 2009, unless otherwise noted. A photograph location map is included in Attachment 12, Maps. Applicant's Name: AT&T Mobility LLC Project Name: Schneider Electric Project Number: FCC Form 621 December 2007 CO SUBMISSION PACKET--FCC FORM 621 Approved by OMB 3060-1039 Estimated Time Per Response: .5 to 10 hours Facing 1. ac g southwest Site Project ` ,%a ` •� z f5 ? �` s r t, �a 4 t. 2.. t Site from Elm " tk Street. Building 6 Cafe _ I � 2 Detail of I proposed donor antenna location on Buiiding 6, Proposed donor antenna location next to existing dish antenna. a. 4•, Applicant's Name: AT&T Mc)l ikty. LLC Project Name: Schneider Electric Project Number: FCC corm 621 December 2007 CO SUBMISSION PACKET--FCC FORM 621 Approved by OMB 3D6D-1039 Estimated Time Per Response: .5 to 10 hours 3. Facing northwest toward Project Site from Elm Street. I Building 6 Building 5 South � 1 03/24/2009 -1 `vim 1 I `N 4. Facing vu2st- � � northuvest :ova and Buildin? it om Corner of elm and � I �niater streets. Building 7 Applicant's Name: AT&T Mobility. LLC Project Name: Schneider Electric Project Number: FCC Form 621 December 2007 CO SUBMISSION PACKET--FCC FORM 621 Approved by OMB 3D50-1039 Estimated Time Per Response: .5 to 10 hours S. Facing east- _ - southeast toward Subject } it Property and Building 7A from Water t 'r Street i h t i (l \ h - _ Shop vil;age l� �•, �� _ s_oric Dinriz:r, "i Ili I Appiinan''s ^game: AT&T ''ti`pbi'irv. LLC Prolec Name: Schneider EIeC_FiC �r0�2c- i�'J:TkDer. rCC December 2D0 CO SUBMISSION PACKET--FCC FORM 621 Approved by OMB 3060-1039 Estimated Time Per Response: .5 to 10 hours - _ . . 7. Facing south- ....... southwest along Elm Street from Building 6 within the Machine . ; Shop village Historic District. 'I I 9 i 8, view of ceilini n 3ukfd llg D i '"'t'� second fFoor. �.x I y� k r Apphcant's Name: AT&T AFebi,ity. LLC Project Name: Schneider Electric Project Number: FCC corm 621 December 2D07 GO SUBMISSION PACKET--FCC FORM 621 Approved by OMB 3060-1039 Estimated Time Per Response: .5 to 10 hours S. View of a typical telecom/data closet. Building �``� 7,second fioor. *, y. 41 tY� g I I T t � t Illi Applicant's Name: AT&T Ylobiiity, LLC Project Name: Schneider Electric Project Number: FCC Form 621 December 2007 CO SUBMISSION PACKET--FCC FORM 621 Approved by OMB 3DBD-1039 Estimated Time Per Response: .5 to 10.hours 10. View of ceiling, Building 7, _— = second floor. I� ' III t 'cl_._. s ` 0-0 CO SUBMISS)DN PACKET--FCC FORM 621 Approved by OMB 3060-1039 Estimated Time Per Response: .5 to 10 hours 12. View of ceiiing, Building 37. - 1 i } I piny sa�� easy JtFeat I���aci�ire Shop UJ \rjjiaOE i S.Or i� i �'S=rICL. i 1 t Y v.. ApplicamCs Narne, Prc i)a i Nails. SC nc mer `!�C r Proeci (\—lmbEr: GCC . --rrn •even-=`-,�r �(��j CO SUBMISSION PACKET--FCC FORM 621 Approved by OMB 3DBD-1039 Estimated Time Per Response: .5 to 10 hours 14. Facing north- northeast on Water Street near Osgood Pond in Machine Shop Village x Historic District. t I � I Applicant's Name: AT&T Mobility, LLC Project Name: Schneider Electric Project Number: FCC Form 621 December 2DD7 Cd SUBMISSION PACKET--FCC FORM 621 Approved by OMB 3DBD-1039 Estimated Time Per Response: .6 to 10 hours Attachment 12, Maps Include one or more 7.5-minute quad USGS topographical maps that: a. Identify the Areas of Potential Effects for both Direct and Visual Effects. If a map is copied from the original, include a key with name of quad and date. b. Show the location of the proposed collocation site and arry new access roads or other easements including excavations. c. Show the locations of each property listed Attachments 8 and 9. d. Include keys for any symbols,colors,or other identifiers. The following maps have been attached to this report: Street Map (Figure 1) Topographic Map (Figure 2) Photo-location Map Historic Resources Map Site Plans/Lease Exhibits provided by AT&T Mobility, LLC Applicant's Name: AT&T Mobility, LLC Project Name: Schneider Electric Project Number: FCC Form 621 December 2DD7 �. .i j�;°• �;: . tip,. �Q:. m .+ UA ON- T U3 kDz LO kh 44-1 849tl V .s. •w ,� SI•' CJS.[ n mr° Mk +.Y iticl �t ,nom . N. C,,111G ++w ,rr 14 9 ' (811n cn C. LIOPLIW f .t st Ai iz CL y; ♦ . ♦ �a� cn in LO d� oho CD -nj S L � _�,� ,,� tn� � W ILle tf a ellr a ! 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For archival materials/documents/letters,the citation should include author, date,title or description and the name of the archive or other agency holding the document. b. A bibliography should be appended to each report listing the sources of information consulted in the preparation of the report,The bibliography may be in a form generally accepted in the preparer's profession. Submission Packet Works Cited: Cellular Specialties, Inc. Lease Exhibits for AT&T Mobility, LLC "Schneider Electric - N. Andover, MA - Design", dated 02/04/2009. MA SHPO File Review: March 18, 2009, performed by Maureen A. Taylor, Architectural Historian, EBI Consulting, Inc. Town of North Andover, Assessor,on-line database viewed March 2524, 2009: http://csc-ma.us/PROPAPP/Opening.do?subAction=N ewSearch&town=NandoverPubACC USGS Topographic Map. Lawrence, MA/NH Quadrangle, 1979 South Groveland, MA Quadrangle, 1980 Applicant's Name: AT&T Mobility, LLC Project Name: Schneider Electric Project Number: FCC Form 621 December 2007 CO SUBMISSION PACKET--FCC FORM 621 Approved by OMB 3D60-1039 Estimated Time Per Response: .5 to 10 hours FCC NOTICE TO INDIVIDUALS REQUIRED BY THE PRIVACY ACT AND THE PAPERWORK REDUCTION ACT The FCC is authorized under the Communications Act of 1934,as amended,to collect the personal information we request in this form.We will use the information provided in the application to determine whether approving this application is in the public interest.If we believe there may be a violation or potential violation of a FCC statute,regulation,rule or order,your application may be referred to the Federal,state or local agency responsible for investigating, prosecuting, enforcing or implementing the statute, rule, regulation or order. In certain cases, the information in your application may be disclosed to the Department of Justice or a court or adjudicative body when (a) the FCC; (b) any employee of the FCC;or(c)the United States Government is a party to a proceeding before the body or has an interest in the proceeding.In addition,all information provided in this form will be available for public inspection. If you owe a past due debt to the federal government, any information you provide may also be disclosed to the Department of Treasury Financial Management Service,other federal agencies and/or your employer to offset your salary, IRS tax refund or other payments to collect that debt.The FCC may also provide this information to these agencies through the matching of computer records when authorized. If you do not provide the information requested on this form,the application may be returned without action having been taken upon it or it processing may be delayed while a request is made to provide the missing information. Your response is required to obtain the requested authorization. We have estimated that each response to this collection of information will take an average of.50 to 10 hours.Our estimate includes the time to read the instructions,look through existing records,gather and maintain the required data,and actually complete and review the form or response. If you have any comments on this estimate,or on how we can improve the collection and reduce the burden it causes you,please write the Federal Communications Commission,AMD-PERM,Paperwork Reduction Project(3060-1039),Washington,DC 20554.We will also accept your comments via the Internet if your send them to PRA@fcc.gov.Please DO NOT SEND COMPLETED APPLICATIONS TO THIS ADDRESS. Remember - you are not required to respond to a collection of information sponsored by the Federal government, and the government may not conduct or sponsor this collection,unless it displays a currently valid OMB control number of if we fail to provide you with this notice.This collection has been assigned an OMB control number of 3060-1039. All parties and entities doing business with the Commission must obtain a unique identifying number called the FCC Registration Number (FRN) and supply it when doing business with the Commission.Failure to provide the FRN may delay the processing of the application.This requirement is to facilitate compliance with the Debt Collection Improvement Act of 1996 (DCiA).The FRN can be obtained electronically through the FCC webpage at http:/iwwwAcc.gov or by manually submitting FCC Form 160,FCC Form 160 is available from the FCC's web site at -)ttipJhn,vvw.tc:c.gov/formpage.htmi, by calling the FCC's Forms Distribution Center 1-800-41B-FORM (3676), or from Federal Communications Commission Fax Information System by dialing(202)41 B-D177. THE FOREGOING NOTICE IS REQUIRED BY THE PRIVACY ACT OF 1974, P.L.93-579, DECEMBER 31,1974,5 U.S.C. 552a(e)(3),AND THE PAPERWORK REDUCTION ACT OF 1995,P.L.104-13,OCTOBER 1,1995,44 U.S.C.35D7. Applicant's Name: AT&T Mobility, LLC Project Name: Schneider Electric Project Number: FCC Form 621 December 2007 OUTLINE FOR PRE-APPLICATION CONFERENCE Proponent: New Cingular Wireless PCS, LLC ("AT&T") Customer: Schneider Electric US Property Owner: Mansur Investments Site: 4 W High Street(Map 54,Block 1,Lot 0) (f/k/a I High Street) Re: In-Building Wireless Installation 1. The Proposed In-Building Wireless System is an Allowed Accessory Use under North Andover's Zoning Bylaw a. The Schneider Electric property is located in an Industrial "S"District. b. Zoning Bylaw § 4.135.12 allows research and development facilities, business,professional and other offices, light manufacturing,warehousing and wholesaling in an Industrial "S"District. c. Schneider Electric's business is an allowed use under these provisions. d. In an Industrial "S"District,Zoning Bylaw§ 4.135.12 allows"[alny accessory use customarily incident to any of the above permitted uses, provided that such use shall not be injurious,noxious,or offensive to the neighborhood." e. The proposed In-Building Wireless System is an accessory use customarily incidental to the business uses allowed in the Industrial "S" District: i. It is designed for and will serve only Schneider Electric's in-building wireless needs for wireless phones,computers,hand-held devices and other wireless media being used in Schneider Electric's premises. ii. This wireless technology is essential for the day-to-day operation of Schneider Electric's business in the 21St Century. iii. There are numerous examples of private in-building systems operating in Massachusetts and throughout the country serving all types of businesses. iv. For example,in eastern Massachusetts,many AT&T In-Building Wireless Systems are installed in Essex County,Middlesex County and Suffolk County, including installations for: 1. research and development companies, 2. laboratory facilities, 3. bio-medical science firms, {AO081906.4} 1 _ 4. defense contractors, 5. security firms, 6. professional offices, 7. law firms, 8. insurance companies, 9. engineering firms, 10.pharmaceutical companies, 11.medical products companies, 12. financial institutions, 13. investment firms, 14. hospitals, 15. software manufacturing facilities, 16. information technology companies, 17. computer companies, 18. digital imaging companies, 19. energy management companies, 20. high technology companies, 21. communication technology companies, 22. accounting firms, 23. publishing companies, 24. consulting companies, 25. light manufacturing facilities,and 26. warehouse, shipping and wholesale facilities. v. Most if not all of these businesses are the very kinds of uses allowed by right in the Industrial "S"District. vi. Thus, In-Building Wireless Systems are now so commonplace that they have become customary and incidental uses accessory to sophisticated business enterprises such as Schneider Electric. vii. In no case has AT&T ever been required to proceed through local zoning to install such a system, even though each system commonly has one or more external antennas as part of its design. viii. The proposed In-Building Wireless System will"not be injurious, noxious, or offensive to the neighborhood." In fact it will have no adverse effects whatsoever. 2. The Proposed.In-Building Wireless System is Not a"Wireless Service Facility" Regulated under North Andover's Zoning Bylaw a. Zoning Bylaw § 8.9 regulates"wireless service facilities"defined as "Facilities used for the principle[sic] purpose of commercial or public wireless communications uses,such as cellular telephone services,enhanced specialized mobile radio services,microwave communications,wireless {A0081906.4} 2 Y communications services,paging services and the like,as defined in§ 704 of the Federal Telecommunications Act of 1996, as amended. Such facilities shall include towers, antennae, antennae support structures,panels,dishes and accessory structures." (Emphasis added.) b. In all cases involving an application for a"wireless service facility,"the "carrier must demonstrate that the facility is necessary in order to provide adequate service to the public." (Zoning Bylaw § 8.9(3)(a)(i); emphasis added). c. The proposed In-Building Wireless System is not a"wireless service facility" within the meaning of the Zoning Bylaw because its purpose is not to serve the public and it is not being proposed to provide adequate service to the public"in and around North Andover. d. The proposed In-Building Wireless System will not provide wireless coverage outside of Schneider Electric's premises. e. Rather,the proposed In-Building Wireless System will serve only Schneider Electric's in-building needs for wireless phones,computers,hand-held devices and other wireless media. f. To require a special permit and site plan approval (§ 8.9(1)(a)) for the proposed In-Building Wireless System is neither intended by the Zoning Bylaw nor consistent with the minimal nature of the proposed installation. g. The stated purpose of the Town's wireless service facility bylaw is to "minimize the visual and environmental impacts as well as any potential deleterious impact on property value,of wireless service facilities upon properties located within the Town or adjacent thereto." (Zoning Bylaw § 8.9(1)(a))• h. The proposed In-Building Wireless System will not cause any such adverse effects whatsoever because the proposed installation involves: i. No tower, ii. No equipment shelter, iii. No lighting, iv. No signage, v. No noise, vi. No wetland disturbance, vii. No hazardous waste, viii. No storm water run-off, ix. No adverse effects on"conservation and preservation of developed, natural and undeveloped areas," {A0081906.4} 3 . R x. No adverse effects on"wildlife, flora and habitats for endangered species," xi. No adverse effects on the"protection of the natural resources of North Andover," xii. No adverse effects on the "enhancement of open space areas and respect for North Andover's rural character"and xiii. No adverse effects on"Scenic Landscapes and Vistas." i. To the extent the installation involves the placement of a small Yagi antenna and corner reflector on the roof of an historic building in an historic district, AT&T's qualified consultant(an Architectural Historian)has prepared a detailed report that the installation will have no adverse effect on the structure or the district. This report has been submitted to the Massachusetts Historical Commission and the North Andover Machine Shop Village Neighborhood Conservation District Commission for review.' j. In short, there is no rational basis to require a special permit and site plan review for this installation, and properly read the Bylaw does not require a special permit with site plan review for this accessory use. 3. Multiple Waivers of Application Requirements Would be Justified if this Installation Triggers Zonine,which It Does Not a. Zoning Bylaw§ 8.9(5)(d)(ix)provides that the Planning Board"may waive one or more of the application filing requirements of this section if it finds that such information is not needed for a thorough review of a proposed personal wireless service facility.: b. If this installation were to require zoning relief,virtually all of the application filing requirements should be waived,underscoring the reason why zoning relief should not be required here. See attached List of Waivers. Conclusion In the interest of expediting the installation of this important In-Building Wireless System to serve the needs of Schneider Electric,AT&T respectfully requests that the Planning Board conclude that this is an allowed accessory use and not a regulated wireless service facility. This is the correct reading of the Zoning Bylaw,and it will save the Planning Board hundredsofhours of needless zoning hearings as businesses in North Andover seek to upgrade their communications technology to remain competitive. 'a. With respect to historic features under Zoning Bylaw§8.9(4)(c),the proposed installation: I. Does"not alter the character-defining features,distinctive construction methods,or original historic materials of the building," 2. Is"fully reversible," 3. Is"concealed within or behind existing architectural features,"and 4. Is"located so that[it is]not visible from public roads and viewing areas within the district." {A0081906.4} 4 - - v f Building Wireless Solutions" tMODELNUMBER - - - - - ---- -- - - -- - - - - - - - - -- FREQUENCY RANGE - - - - - - -- - - - - - - - - - - - - -- -- - ,I y '- }6 1600-2000 >> CORNER REFLECTOR ANTENNA Wide Band / PCS FEATURES ' BENEFITS - - -- - ---- - - - --- - - -- - -- --- Specifications Gain 14 dBi >> LowProfile VSWR c1.5:1 Horizontal Beamwidth 33° >> Broad VSWR Bandwidth Vertical Beamwidth 35° Polarization Vertical >> Stainless SteelHardware Maximum Input Mower 100 Watts Electrical Downtilt 0° Front-back Ratio >30 dB Lightning Protection Direct Ground Rated Wind Speed 124.3 mph (200.04 kph) Installation Position Adjustment Horizontal 360° Angle of Pitch 0-15° Connector hl-Female Dimensions 12.13"x 15.33"x 7.34"/(308.10 x 385.38 x 186.44 mm) Weight 4.5 lbs/(2.04 Kg) Radome Material Fiberglass Mounting Hardware Included Yes Radiation Patterns CS� Horizontal Vertical Specifications subject to change without notice.Copyright©Cellular Specialties,Inc.-021-0010.001 REVD -- --- ------- ------ -------- ------ - ----- — + A I � 0 Building Wireless Solutions MODEL - - - - - - - - - - - - - - - - - - - - - - - - - CSI-AY/806-960/11 t FREQUENCY - - - - - ---- -- - - - - - - - - -- - -- - 806-960 MHz I >> YAGI ANTENNA / 800-900 MHz / 11dB1 FEATURES & BENEFITS - - -- - --- - - ------ - - - - - -- -- Specifications Gain 11 dBi >> • Elements VSWR Horizontal Beamwidth 45°-500 >> HermeticallySealed - n Element Vertical Beamwidth 35°-40° Polarization Vertical Rugged • - •ht Design Maximum Input Power 100 Watts Electrical Downtilt 0. Front-back Ratio >12 dB >> Stainless Steel Number of Elements 9 Connector N-Female Lightning Protection Direct Ground Rated Wind Speed 134 mph/(216 kph) Max. Dimensions of Antenna 37.5"x 8.0"x 2.2"/(952.5 x 203.2 x 55.9 mm) Max. Weight of Antenna 1.43 Ib./(0.60 Kg) Mounting Hardware Stainless Steel Included Mounting Hardware fits 1.18" - 2.36" / (30-60 mm) OD Pipe Typical Radiation Patterns CS1 .r .` Horizontal Vertical Specifications subject to change without notice.Copyright©Cellular Specialties,Inc.-021-0005-001 REV D DONOR LOCATION • 40 erA (603 C �5pe�e 1803)626.55777 Conlldemiel and PnV"my sn/ 5ehneida/Elerldo-N.AwArver, MA-Design roof dan r c:t rt dr over IP � µ a 44 s IN h r b •• . t 4 r. MI r bv * i4� Q[ 4 4 T?a r 'RA Ar 4L 40 s Ak i a Pi , — •. t i ��rt �w it R - li Vr w vr, L +v. e , at 40 W C Top: Satellite image of Schneider building, with red "X" superimposed to show the apprx. location of proposed antennas on rooftop - Bottom: Satellite overview of area showing streets and intersections with photos taken at various intervals on yellow highlighed areas 4 dY } t 47 �� � . . 1 3 ------10 T1 :Y , e 3 v 4 u iL „ Iffil Ig MIN rs„a# t RM it Rii MEW ."`aa a: x� 4 3r�Ft z a. ft i sx 'mss, , � � �'z - `x'_ 0 N4 "', ' `+ if k � r a y o- • z a e 1 � E q e m 'R zn �.. x ,.w n �a ,a a Top: Photo of proposed antennas taken from rooftop of Schneider Building near Steeple Bottom: Close-up at 110 mm equivalent zoom t 17 + r u „ f a} f A n . r s ,. a. .,i '" '�re . .,, � ;� 'h�� .� �_ � of V•' W, m I IIA x i s a _ w r. F , Top: Photo of proposed antennas taken from inside Schneider building steeple Bottom: Close-up at 110 mm equivalent zoom w3 �«+.�+ gym•„,-..,,A �� � � � � a �t�-�:� � ' f ` ot 7-77777-7 � .� 4 r v t s L v d v t� a wc. w 6 a i a vm x Top: Photo of proposed antennas taken from inside hallway of Schneider Building at 110 mm equivalent zoom - Bottom: View from High Street of Schneider building on top of which proposed antennas will be located a < w a � x a . x . t w v t " er All r amu.: a _y y VP �;.'lk �.. xy c r. a ayj� a / .•w ,�...e ✓tate I a ° sae r. i li t ZI t x a y � Y o, v a + Top: Satellite image of Schneider building, with red "X" superimposed to show the apprx. location of proposed antennas on rooftop - Bottom: Satellite overview of area showing streets and intersections with photos taken at various intervals on yellow highlighed areas i sit; ..,....SSS ae „-n i r r �r h _ " sx,> eK w ` az A� r AI Arw l vi a +**,. At Y 4r G t t � e r: it �t r e� ✓pr y i �„� 'a L w WAY SO 7S W SUM �I{ 4 y coo FA MOVIES :4 AiPl 4 t a I ry+ t Toy;: `view from Water St near Wiley Gt - Bottom: View from Water St near Elm St/Hligh St 1IN dv e k a tv z. � a � e i k, _. wWm F r� Yrx F . '\ z-t"i VVatur St near Elm S+High, St BCTtOM: VieVv fF3M i tersectiDn Ci `l i St!HI'Crl St an— W —r �i t �v 3 r l h � r_ u I r r \ M*+K a u ix mea w,.$f lev "" Water f T near % !';'Trac St Bottom: Mew imm intersection cf WaterS', and NfAn 3. e z 4 rt r� X, t €`4 d - F R j, „r h 4 ae 7 McM/s�MYYI� { - 'r0,--, k fi' .Er .;t rim ar � ,..F. v fx u. t s � � t •€� j � _ 1" ,t � � t�' i; ,�y a •t. li IAj ` M yy. r 4 iiE 5ro �f� 9 d r � i rt y i. krxtm x J►` 1 yy, s t a t ; r F F #�' �►" �`;t �#'X7'11'f �� ����. ;� ' }� � �,:". �,. �, =Jft._ a, ix Cyt ' fj. "Y TA �A A- a • ,, SII , y r A is tit v t y, g j �Zy � �rj-e •�� L 514 4k � ".t4- M � � t 5�'.`� A 44Oil { ♦ i a y y i ? e4 • 4, w � ,+ ��, R, � ry� ra '� i f �r �xr tr 1' r ♦ � ,n ".� d >, 4.�k. t x �t l n ANDERSON KREIGER LLP RECEIVED DOUGLAS H.WILKINS 2009 JUN 30 t 2: 07 dwilkins()andandersonkreiaer.com Direct phone: (617)621-6580 TO Direct fax: (617)621-6680 NORTH ANDOVER MASSACHUSETTS June 29,2009 BY FEDERAL EXPRESS Albert P. Manzi, III, Esq., Chair Joyce A. Bradshaw,Town Clerk Zoning Board of Appeals Town of North Andover Building 20, Suite 2-36 Town Hall 1600 Osgood Street 120 Main Street North Andover,MA 01845 North Andover,MA 01845 RE: Applicant: New Cingular Wireless PCS, LLC("AT&T") Owner: Mansur Investments(Schneider Electric US, lessee) Site: 4W High Street(Map 54,Block 1, Lot 0) (f/k/a 1 High Street) Application: Appeal from Building Inspector's determination and a request for finding, if and to the extent necessary, all rights reserved Dear Chairman Manzi,Members of the Board of Appeals, and Madam Clerk: We recently filed an appeal on behalf of AT&T, of the building inspector's determination that a proposed in-building wireless installation at the above referenced property required certain zoning relief. The Building Inspector, Town Counsel, and the Planning Board, with input from the Town's consultant, have now ruled that the proposed installation is not a Wireless Service Facility requiring zoning relief. These rulings have made AT&T's appeal moot. Accordingly, AT&T respectfully withdraws without prejudice its appeal filed on June 15,2009. Thank you for your attention to this matter and please do not hesitate to contact me with any questions. Si e ely, o las H.Wilkins cc: Planning Board(By Regular Mail) Jay Perez, Esq. (By Email) Stephen Anderson,Esq. (By Email) Jennifer Dupuis(By Email) (a0084199.1} One Canal Park, Suite 200 • Cambridge MA 02141 • 617-621-6500 • Fax:617-621-6501 ,64) Printed on recycled paper ORT11 4l6 O np 6yry �p tecmiw�wRr,1� ACH1i5 BUILDING DEPARTMENT Community Development Division May 15, 2009 Planning Board Town of North Andover 1600 Osgood street Building 20, Suite 2-36 North Andover,Massachusetts 01845 RE: Proposed Wireless Service Facility for Schneider Electric by AT&T I High Street North Andover,MA Dear Members of the Planning Board: ave re'v'iewed the fireless Service Facilities Section o.y,1.a of he ZonIug;;ylaw oftaz3e Town of North Andover, which reads in part: It is the express purpose of this Bylaw to minimize the visual and environmental impacts as well as any potential deleterious impact on properly value, of.Wreless service facilities upon properties located within the Town or adjacent thereto. No wireless service facility shall be placed,constructed or modified within the Town without first obtaining site plan approval from the Special Permit Granting Authority (SPGA).The Planning Board shall be the Special Permit Granting Authority for the issuance of a special permit to allow the placement,construction and modification of wireless service facilities within the town...." Further, 8.9.2—Definitions: reads in part:_ z) Wireless Service Facility.Facilities used for the principle purpose of commercial or public wireless communications uses,such as cellular telephone services;enhanced specialized mobile radio services, microwave communications,wireless-communications services,paging services and the like, as defined in Section 704 of the Federal Telecommunications Act of 1996,as amended. Such facilities shall include towers,antennae,antennae support structures,panels, dishes and accessory structures. aa) Wireless Services.The three types of services regulated by this Bylaw:commercial mobile radio services unlicensed wireless es services and common Gamer wireless exchange access services. i Page 1 of 2 l i 1600 Osgood Street,Building 20,Suite 1-36,North Andover,Massachusetts 01845 t Phone 918.688.9545 Fox 918.688.9542 Web www.townefnorthandover.com f N0FtT►i a �tL�b ,6 as O ' � OL IL '�i"gSSACHfIS�A� BUILDING DEPARTMENT Community Development Division Therefore, I am of the opinion that the request ofNew Cingular Wireless FCS,LLC("AT&T")'s Proposed "installation and operation of a wireless communications antenna on the roof of Building 6 and additional antennas and related equipment inside multiple other buildings"falls within the scope of the above definitions and does require New Cingular to petition the North Andover Planning Board, the Special Permit Granting Authority, for site plan approval in order to obtain a building permit. Sincerely, Gerald A.Brown, rr Inspector of Buildings/Zoning Enforcement Officer cc: Mark Rees, Town Manager Curt Bellevance, Community Development Director Judith M. Tymon, Town Planner Thomas J. Urbelis, Town Counsel Page 2 of 2 J; I I� I i i a I 1 1600 Osgood Street,Building 20,Suite 2-36,North Andover,Massachusetts 01845 i Phone 978.688.9545 Fox 978.688.9542 Web www.lownafnorfhandover.com Noa rry O °w OL 0 AO Ratan►�'�.(°J SACtiUSE BUILDING DEPARTMENT Community Development Division May 15, 2009 Planning Board Town of North Andover 1600 Osgood Street Building 20, Suite 2-36 North Andover, Massachusetts 01845 RE: Proposed Wireless Service Facility for Schneider Electric by AT&T 1 High Street North Andover,MA Dear Members of the Planning Board: lave reviewed the Wi eless Ser dice Facilities Seedon 8.9,1.a of the ionirig Bylaw of the Town of North Andover, which reads in part: ..."It is the express purpose of this Bylaw to minimize the visual and environmental impacts as well as any potential deleterious impact on property value,of wireless service facilities upon properties located within the Town or adjacent thereto. No wireless service facility shall be placed,constructed or modified within the Town without first obtaining site pian approval from the Special Permit Granting Authority (SPGA).The Planning Board shall be the Special Permit Granting Authority for the issuance of a special permit to allow the placement,construction and modification of wireless service facilities within the town...." Further, 8.9.2—Definitions:reads in part: Z) Wireless Service Facility.Facilities used for the principle purpose of commercial or public wireless communications uses,such as cellular telephone services;enhanced specialized mobile radio services,microwave communications,wireless•communications services,paging services and the like, as defined in Section 704 of the Federal Telecommunications Act of 1996,as amended. Such facilities shall include towers,antennae,antennae support structures,panels,dishes and accessory structures. aa) Wireless Services.The three types of services regulated by this Bylaw:commercial mobile radio services, unlicensed wireless services, and common carrier wireless exchange access services. Page 1 of 2 I r 1600 Osgood Street,Building 20,Suite 2-36,Korth Andover,Massachusetts 01843 i Phone 978.688.9545 fax 978.b88.9542 Web www.townefnorlhandaver.com K O�riLso �6gti *6 d Rq te.wc twat 4• * - , �RSSACytlS BUILDING DEPARTMENT Community Development Division Therefore, I am of the opinion that the request of New Cingular Wireless PCS,LLC C"AT&T"}'s proposed"installation and operation of a wireless communications antenna on the roof of Building 6 and additional antennas and related equipment inside multiple other buildings"falls within-the scope of the above definitions and does require New Cingular to petition the North Andover Planning Board,the Special Permit Granting Authority, for site plan approval in order to obtain a building permit, Sincerely, Gerald A.Brown, Inspector of Buildings/Zoning Enforcement Officer cc: Mark Rees, Town Manager Curt Bellevance, Community Development Director Judith M. Tymon, Town Planner Thomas J. Urbelis, Town Counsel Page 2 of 2 j i i I 1600 Osgood Street,Building 20,Suite 2-36,North Andover,Massachusetts 01845 i Phone 918.688.9545 Fox 918.688.9542 Web www.townofoorthandover.com i d"Oe*m1�o Town of North Andover Town QerkTime Stamp Office of the Zoning Board of Appeals Community Development and Services Division RECEIVED 1G�W Ai lel �- !R, 0C r 400 Osgood Street North Andover,Massachusetts 01845 2006 FEB 2' M 60Y 4D Gerald A.Brown Telephone (978)688-9541 Inspector of Buildings Fax (978)688-9542 f NORTH MASS.AC HU""r: Legal Notice North Andover, Board of Appeals Notice is hereby given that the North Andover Zoning Board of Appeals will hold a public hearing at the top floor of Town Hall, 120 Main Street, North Andover, MA on Tuesday the 14th of March, 2006 at 7:30 PM to all parties interested in the appeal of Tour Andover Controls,for premises at: 1 High Street(Map 54, Parcel 1),North Andover requesting a dimensional Variance from Section 6,Paragraph 6.6.G.3 of the Zoning Bylaw for relief from the requirements for sign setbacks in order to construct an externally illuminated brick monument ground sign. Said premise affected is property with frontage on the West side of High Street within the I-S zoning district. Plans are available for review at the office of the Building Department, 400 Osgood Street,North Andover, MA Monday through Friday from the hours of 8:30 to 4:30PM. By order of the Board of Appeals Ellen P.McIntyre, Chair Published in the Eagle-Tribune on February 27&March 6, 2006. Legalnotice 2006-007. M54P 1. Board of Appeals 978-688-9541 Building 978-688-9545 Conservation 978-688-9530 Health 978-688-9540 Planning 978-688-9535 r "°"T" a Town of North Andover Town Clerk rmestamp Gf a :qM 3 G` Office of the Zoning Board of Appeals G P RECEIVED Community Development and Services Division TOWN # EPEW-S OFFICE 400 Osgood Street ''Ys�cHusg� North Andover,Massachusetts 01845 2006 APR 26 PM 3'- 0 Gerald A.Brown Telephone (978)688-9541 Inspector of Buildings Fax (978)688-9542 3O WIN, NORTH ANDO 'R MASSACHUSU Any appeal shall be filed within Notice of Decision (20)days after the date of filing Year n" of this notice in the office of the Town Clerk,per Mass.Gen.L.ch. 40A, §17 Property aft 1 High Street NAME: Tour Andover Controls HF.ARING(S): March 14&April 11,2006 ADDRESS: 1 FUgh Street PETITION: 2006-007 North Andover,MA 01845 TYPING DATE: AP6121,2006 The North Andover Board of Appeals held a public hearing at its regular meeting in the Senior Center, 120R Main Strut,North Andover,MA on Tuesday,April 11,2006 at 7:30 PM upon the application of Tour Andover Controls,for premises at: 1 High Street(Map 54,Parcel 1),North Andover requesting a dimensional Variance from Section 6,Paragraph 6.6.G.3 of the Zoning Bylaw for relief fxom the requirements for sign setbacks in order to construct an oUroally illuminated brick monument ground sign. Said premise affected is property with frontage on the West side of High Street within the I-S zoning district. Legal notices were sent to all names on the abutter's list and were published in the Eagle-Tnbune, a newspaper of general circulation in the Town of North Andom,on Ftbruary 27&March 6,2006. The following voting members were present: Ellen P.McIntyre,Joseph D.LaGrasse,Albert P.Manzi,III, David R Webster,and Thomas D.Ippolito. The following nn-voting members were present: Richard L Byers,Richard M.VMancom t,and Daniel S.Braese. Upon a motion by Albert.P.Manzi,III and 2nd by David R.Webster,the Board voted to GRANT a dimensional Variance fiom Section 6,Paragraph 6.6.G.3 of the Zoning Bylaw for relief of 26'from the requirements for Industrial zoning district sign seftcks in order to construct an externally illuminated brick monument(30"02")ground sign per. Site: 1 High Street 54,Parcel 1),North Andover,MA 10845 Site Plan Title: Proposed Sign Location Plan,High Street,North Andover,MA,Prepared for:HDG Mansur Investment Services,Inc. Date(&Revised Dates): Feb.21,2006 Registered Professional Timothy S.Bodah,PLS#46110,eco,Engineers,Scientists&Land Land Surveyor Surveyors,4 First Street—Bridgewater,Massachusetts 02324 Sheet/Drawmg Job no. 1834.1 With the following condition: 1. The brick monument ground sign shall be externally illuminated. Voting in favor: Ellen P.McIntyre,Joseph D.LaGnasse,Albert P.Manzi,III,David R.Webster,and Thomas D.Ippolito. Page I of 2 Board of Appeals 978-688-9541 Building 978-688-9545 Conservation 97"88-9530 Health 978-688-9540 Planning 978-688-9535 N°RTk Town of North Andover Town aerkTimeStamp of 5 �ti ECEIVE Office of the ZoningP Board of A eal CommunityDevelopment and ServiceK— "IFF11 � CE ,CM. 400 Osgood Street North Andover,Massachusetts 01M APR 26 PM T 05 Gerald A.Brown Telephone (978)688-9541 _ Inspector of Buildings Fax (978)688-9542 NORTH i 4 OF MASSACHUSETi The Board finds that owing to circumstances relating to the shape of the pre-existing parcel of 1 High Street(Map 54,Parce11),and pre-euisting 1887 mill building especially alb this land and structure but not affecting generally the I-S zoning district in which it is located,a literal enforcement of the provisions of Paragraph 6.6.G.3 would involve substantial hardship,financial or otherwise,to the petitioner because the 40'setback would place the identifying sign touching the building without visibility from the road. The Board finds that both of the existing brick monument ground signs,Schneider in the center and Converse to the right,are 14'from the front setback. The Board finds that the existing ground signs will be balanced by the proposed brick monument ground sign for TAC on the left. The Board finds that that there was no written or spoken opposition.The Board finds that 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 North Andover signage Bylaws. Note: The granting of the Variance and/or Special Permit as requested by the applicant does not necessarily ensure the granting of a building permit as the applicant must abide by all applicable local, state,and federal building codes and regulations,prior to the issuance of a building permit as required by the Building Commissioner. Furthermore,if the rights authorized by the Variance are not exercised within one(1)year of the date of the grant,it shall lapse,and may be re-established only after notice,and a new Daring. Furthermore,if a Special Permit granted under the provisions contained herein shall be deemed to have lapsed atter a two(2) year period from the date on which the Special Permit was granted unless substantial use or const umOn has commenced,it shall lapse and may be re-established only after notice,and a new hearing. Town of North Andover Board of Appeals, h&t �' e�'-"k"�-�/ Ellen P.McIntyre,Chair Decision 2006-007. M54P1. Page 2 of 2 Board of. ppeals 978-688-9541 Building 978-688-9545 Conservation 978-688-9530 Health 978-688-9540 Planning 978-688-9535 r Page 2 of 4 Application for a VARIANCE Zoning Board of Appeals 9. Petitioner: Name, address and telephone number: Touc ado ex- (iaArn Is, A s r p f p71- ?7_5 roc Se,n+ b�y_ 711c,- XiGn_ r, . �o Drclinr-J 6frie Anvc-c-M1. Ak0! Tao '778'-3,7--2- 375-21 'The petitioner shall be entered on the legal notice and the decision as entered above. 2. Owners of Land: Name, Address and Telephone number and number of years under this ownership: ZQ 1Azu,-� ,�ar�i,.t✓f � ice,"{ a f r5 Gh� M 1\ LKf-\6UC'. COQ`? Years Owned Lan : _5;ncr, ,(mac- .76QS 3. Location of Property: a. Street: Aoil �,- Zoning District S b. Assessors: Map umber54/ Lot Number: / c. Registry of Deeds: Book Number Page Number: 4. Zoning Sections under which the petition for the Variance is made. -� , G. 'Refer to the Perrilr it D—eniaPand Zonin By-Law Plan Review as supplied by the Building Commissioner 5. Describe the Variance request —Fo \'Os i c� Mf1nuMe r�__ l y, - tarn Ae' .m-0 G_eA�v U i n P . 40 T� LL, r, I n `The above description shall be usSo usefor the purpose of the legal notice and decision. A more detailed desdription ib required pursuant to the Zoning Board Rules and Regulations as cited on page 4 of this application.Failure by the applicant to clearly describe the request may result in a decision that does not address the intent of the applicant. The decision will be limited to the request by the applicant and will not involve additional items not included above. 6a, Difference from Zoning By-Law requirements: Indicate the dimensions that will not meet current Zoning By-Law Requirements. (A and B are in the case of a lot split) Lot Area Open Space Percent Lot Frontage Parking Minimum Lot set Back Sq, Ft. Sq. Ft. Coverage Feet Spaces Front Side A Side B Rear A. % Page 3 of 4 AppliMomcation for a VARIANCE a _.. nMio �.. ..s .. >_ .. ... ... g Wil - NOWs Zoning Board of Appeals 6. b. Existing Lot: Lot Area Open Space Percent Lot Frontage Parking • Minimum Lot set Back" Sq. Ft. Sq. Ft. Coverage Feet Spaces Front Side A Side B Rear 110Ml % t C. Proposed Lot (S): Lot Area Open Space Percent Lot Frontage Parking • Minimum Lot set Back• Sq. Ft. Sq. Ft. Coverage Feet Spaces Front Side A Side B Rear % 1� 1 o� d. Required Lot: (As required by Zoning By-Law) Lot Area Open Space Percent Lot Frontage Parking Minimum Lot set Back Sq. Ft. Sq. Ft. Coverage Feet Spaces Front Side �A Side B Rear Q1 30 7. a. Existing Buildings: Ground Floor Number of Total Use of Square feet Floors Sq. feet Building" 'Reference Uses from the Zoning By-Law.State number of units in building. b. Proposed Buildings: Ground Floor Number of Total Use of Square feet Floors Sq. feet Building* `Reference Uses from the Zoning By-Law.State number of units in building. 8. Petitioner and Landowner signature (s): Every application for a Variance shall be made on this form which is the official form of the Zoning Board of Appeals. Every application shall be filed with the Town Clerk's Office. It shall be the responsibility of the petitioner to furnish all supporting documentation with this application. The dated copy of this application received by the Town Clerk or the Zoning Board of Appeals does not absolve the applicant from this responsibility. The petitioner shall be responsible for all expenses for filing and legal notification. Failure to comply with application requirements,as cited herein and in the Zoning Board Rules and Regulations may result in a dismissal by the Zoning Board of this application as incomplete. Si Hato e Type above name (s) here 30"-72" Brick Monument w/14" x 48.5" Lettering & Logo To be set in 14' from Property Line it Ni3v 16 05 05: 11p NORTH ANDOVER 9786889542 p. 4 NOR7{1 p �"'•7 "� C TOWN OF NORTH ANDOVER VARIANCG;n -- `' _ ro ZONING BOARD OF APPEALS — .. , NAME: I©u 0 cre ADDRESS OF APPEAL: .Z , srarr ex? Cn Procedure & Requirements for an Application for a Variance Ten (10)copies of the following information must be STEP 6:SCHEdULING OF HEARING AND submitted thirty(30)days prior to the first public hearing. PREPARATION OF LEGAL NOTICE: Failure to submit the required information within the The Office of the Zoning Board of Appeals schedules time periods prescribed may result in a dismissal by the the applicant for a hearing date and prepares the legal Zoning Board of an application as incomplete. notice for mailing to the parties in interest(abutters) and The information herein is an abstract of more for publication in the newspaper. The petitioner is notified that the legal notice has been prepared and the specific requirements listed in the Zoning Board Rules and Regulations and is not'rneant to cost of the Party in Interest fee. supersede them. The petitioner will complete items STEP 7:.:DELIVERY OF LEGAL NOTICE TO that are underlined NEWSPAPER The petitioner picks up the legal notice from the Office STEP 1: ADMINISTRATOR PERMIT DENIAL: of the Zoning Board of Appeals and delivers the legal The petitioner applies for a Building Permit and notice to the local newspaper for publication. receivers a Zoning Bylaw Denial form completed by the STEP 8: PUB11-0HEARING BEFORE THE ZONING Building Commissioner. BOARD OF APPEALS: STEP 2: VARIANCE APPLICATION FORM: The petitioner should appear in his/her behalf, or be Petitioner completes an application form to petition the represented by an agent or attorney. In the absence of Board of Appeals for a Variance. All information as any appearance without due cause on behalf of the required In items 1 through and including 11 shall be petition,the Board shall decide on the matter by using completed. the information it has received to date. STEP 3: PLAN PREPARATION: STEP 9: DECISION: After the hearing, a.copy of the Board's decision will be Petitioner submits all of the required plan information as cited in page 4, section 10 of this form. sent to all Parties in Interest. Any appeal of the Board's decision may be made pursuant to Massachusetts STEP 4: OBTAIN LIST OF PARTIES IN INTEREST' General Law ch.40A§ 17,within twenty(20)days after The petitioner requests the Assessor's Office to compile the decision is filed with the Town Clerk. a certified list of Parties in Interest(abutters). STEP 10: RECORDING THE.DECISION ND PLANS. STEPS: SUBMIT APPLICATION: The petitioner is responsible for recording certification of Petitioner submits one(1)original and ten(10)Xerox the decision, the Mylar, and any accompanying plans at copies of all the required information to the Town Clerk's the Essex County, North Registry of Deeds, 381 Office to be certified by the Town Clerk with the time Common St., Lawrence MA, and shall complete the and date of filing. The original will be left at the Town Certification of Recording form and forward it to the Clerk's Office,and the 10 Xerox copies will be left with Zoning Board of Appeals and to the Building Department. the Zoning Board of Appeals secretary. De p \N\N.N.N.Y.YNNYYNNiY„YNiNY.Ni\.YiNiNiYaYNY.NNNY V..vYNNNY\iNNNIYNNNYYYNNNYYYYN/N...6..Y\wi\Y1N.......Y...—.iN\Y...... YN.M\NWNN\N/ IMPORTANT PHONE NUMBERS:S: North Andover Town Hall 978-688-9533 Office of Community Dev. &Services 120 Main Street 400 Osgood Street, North Andover, MA 978-688-9501 Town Clerk's Office 01845 8-688-9566 Assessor's Office 978-688-9542 fax for Community Development offices 97 978-688-9545 Building Department 978-688-9541 Zoning Board of Appeals Office, PAGE 1 of 4 Page 2 of 4 Application for a VARIAN G E Zoning Board of Appeals 1. Petitioner: Name, address and telephone number: Tote Aaavec- (an-ern Is. , .1- 1 i-ci h 5-tor7-t 778- 7-5 - `� 7�3 Se of by C/ for I 'n �„—, '-/0 D('carc 6tr°P ai/'ex-� , r IF 730 770"s2 7o.- 3 7a I 'The petitioner shall be entered on the legal notice and the decision as entered above. 2. Owners of Land: Name, Address and Telephone number and number of years under this ownership: f i 0.06 r5Gh; nkAg M t'A COM' Years Owned Lan : _6;As .Oh�Lx`- ADO 5 Ij 3. Location of Property: a. Street:. A ah s (M;f Zoning District " S b. Assessors: Map umber 51/ Lot Number: / c. Registry of Deeds: Book Number Page Number: 4. Zoning Sections under which the petition for the Variance is made. ' -(-O(y/I pce) 'Refer to the Purr lit Denial'and Zonin By-Law Plan Review as supplied by the Building Commissioner 5. Describe the Variance request \ns cy MonuMw+ /y, -�(bn1 AST mo ti A. 40 r �n `The above description shall be us .1d for the purpose of the legal notice and decision. A more detailed desdiription I&required pursuant to the Zoning Board Rules and Regulations as cited on page 4 of this application.Failure by the applicant to clearly describe the request may result in a decision that does not address the Intent of the applicant. The decision will be limited to the request by the applicant and will not involve additional items not included above. 6a Difference from Zoning Y By-Law requirements: indicate the dimensions that will not meet current Zoning By-Law Requirements. (A and B are in the case of a lot split) Lot Area Open Space Percent Lot Frontage Parking Minimum Lot set Back Sq. Ft. Sq. Ft. Coverage Feet Spaces Front Side A Side B Rear A. % B. % --- -- Page 3 of 4 Application) for a VARIANCE Zoning Board of Appeals 6. b. Existing Lot: Lot Area Open Space Percent Lot Frontage " P o tage Parking Minimum Lot set Back Sq. Ft. Sq. Ft. Coverage Feet Spaces Front Side A Side B Rear ! _ % c. Proposed Lot (S): Lot Area Open Space Percent Lot Frontage Parking Minimum Lot set Back Sq. Ft. Sq. Ft. Coverage Feet Spaces Front Side A Side B Rear tY` o� d. Required Lot: (As required by Zoning By-Law) Lot Area Open Space Percent Lot Frontage Parking Minimum Lot set Back Sq. A�Ft. Sq. Ft. Coverage Feet Spaces Front Siidde�A SiideaB Rear 7. a. Existing Buildings: Ground Floor Number of Total Use of Square feet Floors Sq. feet Building* 'Reference Uses from the Zoning By-Law.State number of units in building. b. Proposed Buildings: Ground Floor Number of Total Use of Square feet Floors Sq. feet Building* `Reference Uses from the Zoning By-Law.State number of units in building. 8. Petitioner and Landowner signature (s): Every application for a Variance shall be made on this form which is the official form of the Zoning Board of Appeals. Every application shall be filed with the Town Clerk's Office. It shall be the responsibility of the petitioner to furnish all supporting documentation with this application. The dated copy of this application received by the Town Clerk or the Zoning Board of Appeals does not absolve the applicant from this responsibility. The petitioner shall be responsible for all expenses for filing and legal notification. Failure to comply with application requirements,as cited herein and in the Zoning Board Rules and Regulations may result in a dismissal by the Zoning Board of this application as incomplete. Si nature Type above name (s) here 30"-72n Brick Monument w/14" x 48.5" Lettering & Logo To be set in 14' from Property Line I 11ov 16 05 05: 11p NORTH ANDOVER 9786889542 p. 5 PAGE 4 OF 4 VARIANCE 9. WRITTEN DOCUMENTATION *10. B. *Pian Specifications: Application for a Variance must be supported by a n Size of plan: Ten(10)paper copies of a plan legibly written or typed memorandum setting forth in not to exceed 11"x17",preferred scale of 1'=40' detail all facts relied upon. When requesting a Variance In One(1)Mylar, Registered Professional from the requirements of MGLA ch.40A, Sec. 10.4 and IIq Plan prepared by a Reg the North Andover Zoning By-laws, all dimensional Engineer and/or Land Surveyor,with a block for requirements shall be clearly identified and factually five(5)ZBA signatures and date indicated on the supported. All points,A-F,are required to be Mylar, addressed with this application, *10 C. "Features To Be Indicated 4n Plan: A. The particular use proposed for the land or I) Site Orientation shall include: structure. 1. north point B. The circumstances relating to soil conditions,shape 2. zoning district(s) or topography of such land or structures especially 3. names of streets affecting the property for which the Variance is 4. wetlands(if applicable) sought which do not affect generally the zoning 5. abutters of property,within 300'radius district in which the property is located. 6. locations of buildings on adjacent properties C. Facts which make up the substantial hardship, within 50'from applicants proposed structure financial or otherwise,which results from literal 7. deed restrictions, easements. enforcement of the applicable zoning restrictions II)Legend&Graphic Aids: with respect to the land or building for which the 1. Proposed features in solid lines&outlined in red variance is sought. 2. Existing features to be removed in dashed lines D. Facts relied upon to support a finding that relief 3. Graphic Scales sought will be desirable and without substantial 4. Date of Plan detriment to the public good. 5. Title of Plan Names addresses and phone numbers of the E. Facts reified upon to support a finding that relief 6. applicant, owner or record, and designer of sought may be given without nullifying or surveyor. substantially derogating from the intent or purpose of the Ordinance. F. Submit RDA from Conservation Commission when 10 D. Minor Projects Continuous Buildable Area is applied for in ZBA Minor projects,such as decks,sheds,and garages, application. shall require only the plan information as Indicated with an. asterisk(*). In some cases further information may 10. PLAN OF LAND be required. Each application to the Zoning Board of Appeals shall 11. APPLICATION FILING FEES be accompanied by the following described plan. Plans 11.A. Notification fees:Applicant shall provide a must be submitted with this application to the Town Clerk's Office and ZBA secretary at least thirty(30)days check or money order to:"Town of North Andover- prior to the public hearing before the Zoning Board of #022-1760-4841"for the cost of first class, certified, appeals. return receipt($4.42 as of November 2003)x#of all parties in interest identified in MGLA ch. 40A§11 on the A set of building elevation plans by a Registered abutter's list for the legal notice check. Also,the Architect may be required when the application applicant shall supply first class postage stamps involves new constructioniconversion/and/or a (currently 37¢)x.the#of parties of interest on the proposed change in use. abutter's list for the decision mailing. 10.A. Major Projects 11.B. Mailing labels:Applicant shall provide four(4) sets of mailing labels no larger than 1"x2-5/8"(3 copies Major projects are those,which involve one of the for the Legal,and one copy for the Decision mailing). following whether existing or proposed: 1)five(5)or more parking spaces, 11.C. See 2005 Revised Fee Schedule. II)three(3)or more dwelling units, III)2,000 square feet of building area. ► A Variance once granted by the ZBA will lapse in Major Projects shall require,that in addition to the 10B& 1 (one)year if not exercised and a new petition must 10C features,that the plans show detailed utilities,soils, be submitted.-4 and topographic information. Seep 14 05 02: 11p NORTH ANDOVER 9786889542 P. 1 M &-ttin5 the Standard for 0—i 1h Year., q 5 Zoning Bylaw Denial L Town Of North Andover Building Department Coria Marie Ciampa 400 Osgood SL North Andover,MA.01845 z° designer Phone 9711114111114W Fax 971L$894 642 Street: / / :! T 978.372,3721 map&ot v F 978.521.2192 Applicant -7cvr- a aV rf- ✓N �o -s Request p" 1/�" BRICK /YIOti'tlMwns t $f dill " O pals; q y p s- o coria@Ihesigncenter.com Please be advised that aflar review of your Application and Plans*W your APPIkawn is DENIED for the following Zoning Bylaw nr►aoae: Zoning Win Notes gem Note A Lot Ana F FroMage 1 Lot area Insufficient 1 Frontage Insufficient 2 Lot Area Preexists Cf-e 2 Frontage Complies 3 Lot Area Complies 3 Preexisting frontage S 4 Insuffiderk Information 4 Insufficient Information R Use S No acoess over'Frontage 1 Allowed y-c S G Contiguous Building Arse 2 Not Allowed 1 Insufficient Area 3 Use Preexisting 2 Complies 4 Special Permit Required 3 CBA Q S S Insufficient information 4 Insuf Ci"Information C Setback H Building Haight 7 All setbacks comply 1 Height Exceeds Maximum 2 Front Insufficient "-f c.s 2 Complies 3 Left Side Insufficient 8 HOWk r 4 Right Side Insufficient 4 Insufficient Information 6 Rear Insufficient l Building Coverage 6 Preexists setback 3 1 Coverage exceeds maximum 7 Insufficient Infortnation 2 Coverage CO D Watershed 3 Coverage Preexisting 1 Not in Watershed > 4 Insufficient Information 2 In Watershed J Siert 3 Lot Prior to 10124!94 1 Sign not allowed r >I< 4 Zone to be Determined 2 Sign Complies 6 Insufficient Information 3 Insufficient inforr mdlOn E Historic District K Parking I In District review required 1 More Parking Required 2 Not in district k e 2 Parking Complies 3 Insufficient Information 3 Insufficient Information 4 Pro-weisting PaLkN Remedy for the above Is checked below. tam a 1 Special Permits Plannina Board loan err Variance Site Plan Review Special Permit :r-1 Setback Variance Access other then Frontage Special Pernik Parlang Variance Frontage Excepim' Lot Special Permit Lot Area Variance Common special Permit HtghtVariance Congregate Permit Vakie m for Sign Continuing Care Redreme t Special Perrot SpwW Pannits Zoning Board Independent Elderly Housing Permit SpacioiPerfrnt Non CoMormi Use ZSA--_ Large Estate Condo Special Permit Earth Removal Special Permit ZBA Planned Development District Special Permit Spectei Permit Use not Listed but Similar Pie nod Residential Special Pennit Special Permtt for Sian R-8 DenW§peciall Permit Permit n nonconforming Watershed Special Permit The above review and ededMd euplermew of such is eeesd an the plank rid Inkirrnm0a aubnnW8d. No daariiH.+e MOM and or awim"be basad on verbal Ir,.son.by u»oppwa nt not ehesMich wwW.tpwati ns by do aPPhmt NOW b provide dehOw anmws to to above manor for DENIAL.Any Yteoasaciee,=%Waft ht wndlM or W-sulrrq-nt dwiges to er inlomaeon auhnetad by err applicrt alrW be Wainde 10r#116 ravlaw W be verdsd at er dfscr l of int Building OeprttnwtThe rWeheddoaariwtWad-Mm RettI i MwAve'andbsd4clydlrraI Ord iiieapaafedWain by rNerernoe.Tho hitbdinp deprhrirt vii gdme d plane grid domffne tom for the abine ft.You meet ere 0n txtti" Penin appYeMbn form and begin er pridtlinp p ame. ding Department Official Signature Appii vdt Received Application Denied Denial sent: It Fmced Phone Number/DaW- Sep 14 05 02: 11p NORTH ANDOVER 9786889542 p.2 Plan Review Narndive The following narrative is provided to further explain the reasons for denial for the awleadoon/ permit for the poperty indicated on the reverse side: IOr117 11MMIIi�fm Del". ©(✓4 �OUN i/ S/ /6� CC>/}N /7'HIA. eC i� ru er� S eacG, S� ,v < s /00 .5 4 .4� Pie ce T v•Q pU e,— GY `t ¢4,Ie/d Referred To: Fire m"m Police Zoning Board Conservation DeDwftwt or Public Works Plannina HGt xicel Commission 00W BUILDING DEPT S`\Proposals\AUDREY\TAC_Monument.plt 2/8/2006 3:11:24 PM Scale: 1:66.28 Height: 377.711 Length: 439.806 in 1 Hight Street, N. Andover, MA-01 845 y TTW 30"-72" Brick w/ 14" x 48.5" Lettering & Lego 3-Dimensional PaintedLogo fie' Tour Andover Controls date 8 February 2006 COPRIGHT®2006 1 High Street project manager Jay Kahn SIGN N 978-M-SM N. Andover, MA 01845 designed by Carla Marie Ciampa W+FRONEW WM 01ST Mt F-4 Owner.SA Ands er Flaldeq Company Rne. NORTH ANDOVER ZONMC 80MD OF APPEttS M*11"LOT MEA.AAE RED:50.000 5.f. SignkRg Y• t kmlaNlAf lAr FRONiME REOVIRFD: 150 FEET SA Anderet f'rojeet CorporWlon f MNMUM SETBACKS o/o HM MWsw k."b"ant Senfcee, h c FRW.30 FEET 10 Med Morket SIDE:20 FEEL 12M M~T~ 4- �a � RE k 30 FEET k.1mapoae,*.F". 46201 MA)M"BULWC HEICh'r ALLOWED:S5 FM + lORY15 MAP NOT TO SCALE DAM �Y+y / Af'M:AVFA WAM 14'W REALTY 1A05T F I po \ Br Mu ITr Haar lllRR\gRSIRIR ,\�4J�S� / MULIREVEL BRICK Q\ / w, .0 naawc eo aur ""PARM'Na s. Owl A. 14w / — Mmm HIGH SlBSET az ay / f~Raw.-SC two I CEflTFY 7MT THE PROPERTY LINES SHOWN HEREON ARE JK UNM ONOW COTINi OWNERSHIPS AND THE UNES __ Awnw i_ PROPOSED SIGN LOCATION PIAN OF STREETS AND YIAYS SNOM'N ARE THOSE OF PWUC �t!`� V, Q 1� L' C U aR PRfJA•TE STREETS OR MAYS AERFAOY ESTABLISHED AND �� _/I S PLAN MS OR FO LOWS MR�ONISIOM RD MSTINQ D, /-t ttllJJJ���� E-nyineers, Scientists HIGH STREET BEEN PWA M IN COWOFM MM MRM THE AND g Land Sw` eyors REGULATIONS OF THE REGISTERS of NORTH ANDOVER, M A 4 First s.«L-er+da..aeRw Ma.oaeaNte oz32+ .`. - TelFpRaRc�Rp7-J/81 Tea k•e(!00)Sia-566 Far�hRis(lOaj eit7� t Pr4pmm FM IDG MANSUR INWSTMENT WRK-M MTC, .-7 RIOaNI swr W o eo• +ao' _ SCALE DATE ACRD PILE 'OD NO. 7RIfARIY S. m M6110 Z-7-04 "°• °'"a Mw " 1--80' 02/04/06 1834SIGN ?834.1 Abutter to Abutter( x ) Building Dept. ( ) Conservation ( ) Zoning ( ) Town of North Andover Abutters Listing REQUIREMENT. MGL 40A,Section 11 states in part"Parties in Interest as used in this chapter shall mean the petitioner, abutters,owners of land directly oppositeon any public or private way,and abutters to abutters within three hundred(300)feet of the property line of the petitioner as they appear on the most recent applicable tax list,not withstanding that the land of any such owner is located in another city or town,the planning board of the city or town,and the planning board of every abutting city or town." Subject Property: MAP PARCEL Name Address 53 25 C/O Cross Point 0 High Street North Andover,MA 01845 Abutters Properties MAP PARCEL Name Address 40 1 C/O GEORGE SCHRUENDER 73 CHICKERING ROAD NORTH ANDOVER, MA 01845 40 2 See Attached Sheet 40 3 C/O Safety Kleen Corp PO Box 11393 Columbia,SC 29211 40 4 See Attached Sheet 40 12 C/O Clean Harbors PO Box 859048 Braintree,MA 02185 52 45 Anthony Reynolds 182 High Street North Andover,MA 01845 52 50 Maria Delgado 38 Columbia Road North Andover,MA 01845 52 60 Donna Whipple 37 Columbia Road North Andover,MA 0 53 1 KEARNEY,LAUREN&CHRISTOPHER 180 HIGH STREET NORTH ANDOVER, MA 01845 53 2 LY,QUANG 50 COLUMBIA ROAD NORTH ANDOVER, MA 01845 53 3 DUNLEVY,WILLIAM J&FRANCIS J 51 COLUMBIA ROAD NORTH ANDOVER, MA 01845 53 4 WHIPPLE,DONNA M 37 COLUMBIA ROAD NORTH ANDOVER, MA 01845 53 5 QUINLAN,WILLIAM J 28 IRVING ROAD NORTH ANDOVER, MA 01845 53 6 WATSON,PHILIP F 33 PERLEY ROAD NORTH ANDOVER, MA 01845 53 7 SCANLON,KEVIN M 41 PERLEY ROAD NORTH ANDOVER, MA 01845 53 8 DAVID&AYA GOLDMAN 56 THORNDIKE ROAD NORTH ANDOVER, MA 01845 53 9 DUNHAM,TIMOTHY N 66 THORNDIKE ROAD NORTH ANDOVER, MA 01845 53 10 KANDRUT 1994 REVOCABLE TR,STA 63 THORNDIKE ROAD NORTH ANDOVER, MA 01845 53 11 LETIZIO,DIANE M 22 WEST SHORE ROAD WINDHAM, NH 03087 53 12 NAM PARTNERS LIMITED PARTNERS 900 CHELMSFORD STREET LOWELL, MA 01851 53 13 WINDLE,SUSAN 40 PERLEY ROAD NORTH ANDOVER, MA 01845 53 14 GALLANT,RICHARD 36 PERLEY ROAD NORTH ANDOVER, MA 01845 53 15 FITZGIBBONS TRUST,LITA A 63 MARTIN AVENUE NORTH ANDOVER, MA 01845 53 16 COCO,COLLEEN P 16 PERLEY ROAD NORTH ANDOVER, MA 01845 53 17 KALEIGH,JOHN M 6 BRIARWOOD CIRCLE ANDOVER, MA 01810 53 18-OOOO.A APKARIAN-SLACK REVOCABLE TRU 154-A HIGH STREET NORTH ANDOVER, MA 01845 53 18-OOOO.B APKARIAN,ANN 154-B HIGH STREET NORTH ANDOVER, MA 01845 53 19 WALL,IAN J 146 HIGH STREET NORTH ANDOVER, MA 01845 53 20 BONAIUTO,PAMELA 138 HIGH STREET NORTH ANDOVER, MA 01845 53 21 DROVER,DANIEL JOANNA 126 HIGH STREET NORTH ANDOVER, MA 01845 53 22 WINDLE REALTY TRUST 118 HIGH STREET NORTH ANDOVER. MA 01845 53 23-0001 SMITH,KEVIN J 110 HIGH STREET NORTH ANDOVER, MA 01845 53 23-0002 SMITH,KEVIN J 110 HIGH STREET NORTH ANDOVER, MA 01845 53 24-0001 KOGAN,LEONID A&DALIA 102 HIGH STREET NORTH ANDOVER, MA 01845 53 24-0002 JAIN,SANJAY&ARUNA 104 HIGH STREET NORTH ANDOVER, MA 01845 53 25 NAM PARTNERS LIMITED PARTNERS 900 CHELMSFORD STREET LOWELL, MA 01851 53 27 SARACENO CONSTRUCTION PO BOX 86 METHUEN, MA 01844 page 1 of 4 This certifies that the names appearing an ft records of the A sessors Office as of Certifi d by: Date Town of North Andover Parcel ID Owner Address City State Zip Code 210/040.0-0002-0001.6 TAG DEVELOPMENT,LLC 231 SUTTON STREET U-1B NORTH ANDOVER MA 01845 0 210/040.0-0002-0001.D NEU REALTY COMPANY,LLC 231 SUTTON STREET U-1D NORTH ANDOVER MA 01845 210/040.0-0002-0002.A OTURKAR,HEMANT V 22 SALMON BROOK NASHUA NH 03060 .. 210/040.0-0002-0002.0 ALFRED REALTY TRUST 231 SUTTON STREET NORTH ANDOVER MA 01845 210/040.0-0002-0002.E JOSEPH PELICH&STEPHEN MAIURI PO BOX 583 NORTH ANDOVER MA 01845 210/040.0-0002-0002.H BETTY B TRUST 1 HICKORY LANE EAST KINGSTON NH 03827 210/040.0-0002-0003.0 FAVORATE,DOUGLAS 30 PINEWOOD ROAD LYNNFIELD MA 01940 210/040.0-0002-0003.B DAVID CASTRICONE ROOFING AND S 200 SUTTON STREET SUITE 226 NORTH ANDOVER MA 01845 210/040.0-0004-0002.G STERN,GEORGE B 17 PARKRIDGE ROAD HAVERHILL MA 01835 210/040.0-0004-0102.0 BELLOFATTO,NICHOLAS&ERIN 148 MAIN STREET 0102 NORTH ANDOVER MA 01845 210/040.0-0004-0104.0 TOWSE,ROBERT&MARY JANE 148 MAIN STREET#0104 NORTH ANDOVER MA 01845 210/040.0-0004-0106.A ROSENBERG,ZENA 77TH AVENUE FLUSHING NY 11367 210/040.0-0004-0108.A KEARNS,JAMES W 148 MAIN STREET#A108 NORTH ANDOVER MA 01845 210/040.0-0004-0122.K PALMER,LINDA 148 MAIN STREET#K122 NORTH ANDOVER MA 01845 210/040.0-0004-0124.K DEERING,JOSEPH A 148 MAIN STREET#K1 NORTH ANDOVER MA 01845 210/040.0-0004-0126.S DWYER, ISABELLE V 148 MAIN STREET S-126 NORTH ANDOVER MA 01845 210/040.0-0004-0128.S DONOVAN-KING REALTY TRUST 148 MAIN STREET S128 NORTH ANDOVER MA 01845 210/040.0-0004-0130.S SHAUGHNESSY,BRIAN EDWARD 148 MAIN STREET#S130 NORTH ANDOVER MA 01845 210/040.0-0004-0132.B O'BRIEN, FAITH B 148 MAIN STREET#6132 NORTH ANDOVER MA 01845 210/040.0-0004-0134.B LYONS III,ARTHUR W 167 LOWELL STREET ANDOVER MA 01810 210/040.0-0004-0201.0 COOPER,DENNIS 148 MAIN STREET#0201 NORTH ANDOVER MA 01845 210/040.0-0004-0203.0 CHABOT,DONALD R 148 MAIN STREET 0-203 NORTH ANDOVER MA 01845 210/040.0-0004-0205.0 PORTER,M ELEANOR 148 MAIN STREET#0205 NORTH ANDOVER MA 01845 210/040.0-0004-0207.0 KRAMER,SUZANNE M 148 MAIN STREET 0207 NORTH ANDOVER MA 01845 210/040.0-0004-0209.0 SISKIND,MYNDA 148 MAIN STREET#0209 NORTH ANDOVER MA 01845 210/040.0-0004-0211.A MC GRAVEY,JAMES A 148 MAIN STREET#A211 NORTH ANDOVER MA 01845 �1 ��w , fir,...• 210/040.0-0004-0213.A EDITH ROSS REALTY TRUST„ 148 MAIN STREET#A213 NORTH ANDOVER MA 01845 210/040.0-0004-0215.A BELIVEAU,LESLIE&VARNUM,MARG 148 MAIN STREET#A215 NORTH ANDOVER MA 01845 2101040.0-0004-0217.A PAPAPETROS,THEODORE 148 MAIN STREET 217A NORTH ANDOVER MA 01845 210/040.0-0004-0221.K LYLE,MARJORIE 148 MAIN STREET K221 NORTH ANDOVER MA 01845 9.10 W .K: . 210/040.0-0004-0223.K O'SHEA,MICHAEL 148 MAIN STREET#K223 NORTH ANDOVER MA 01845 W, .. IANOMWX 210/040.0-0004-0225.K RICHARDS,CHARLES W 148 MAIN STREET#K225 NORTH ANDOVER MA 01845 210/040.0-0004-0227.S BOYLE,LILLIAN NOWAK 148 MAIN STREET 227S NORTH ANDOVER MA 01845 210/040.0-0004-0229.S ROGERS,HOMER A 148 MAIN STREET S229 NORTH ANDOVER MA 01845 • s Town of North Andover 210/040.0-0004-0231.13 DRISCOLL,PATRICIA&FINN,JOHN T 148 MAIN STREET#13-231 NORTH ANDOVER MA 01845 210/040.0-0004-0233.13 PISCO,RONNIE LEVINE TRUSTEE 148 MAIN STREET#13233 NORTH ANDOVER MA 01845 210/040.0-0004-0235.13 KINNEAR,MADELINE 148 MAIN STREET#13235 NORTH ANDOVER MA 01845 9�36.Ow-R1 210/040.0-0004-0237.0 EWING,ELIZABETH E 148 MAIN STREET#0237 NORTH ANDOVER MA 01845 210/040.0-0004-0239.0 LAFOND,MARGUERITE 148 MAIN STREET C239 NORTH ANDOVER MA 01845 210/040.0-0004-0241.F STAUFFER,DALE C. 148 MAIN STREET F241 NORTH ANDOVER MA 01845 210/040.0-0004-0243.F FOSTER 243, 148 MAIN STREET REAL 148 MAIN STREET#F243 NORTH ANDOVER MA 01845 210/040.0-0004-0245.F SWEENEY,PATRICIA A 148 MAIN STREET#F245 NORTH ANDOVER MA 01845 210/040.0-0004-0302.0 BOEGLIN,PAULINE 148 MAIN STREET#0302 NORTH ANDOVER MA 01845 210/040.0-0004-0304.0 MC MANUS,E JULIE 148 MAIN STREET#0-304 NORTH ANDOVER MA 01845 210/040.0-0004-0306.0 MC MANUS,E JULIE 148 MAIN STREET#0306 NORTH ANDOVER MA 01845 210/040.0-0004-0308.A FARNHAM,BEVERLY P 149 MAIN STREET,UNIT A-308 NORTH ANDOVER MA 01845 210/040.0-0004-0310.A PARFENOV,ANNA&HERMAN 148 MAIN STREET#A310 NORTH ANDOVER MA 01845 210/040.0-0004-0312.A MURPHY,CARA 148 MAIN STREET A-312 NORTH ANDOVER MA 01845 u 210/040.0-0004-0314.A DELANEY TR,DONNA R 148 MAIN STREET#A314 NORTH ANDOVER MA 01845 210/040.0-0004-0321.K PROCTOR,JOAN M 12 WABAN STREET U-2 NEWTONe MA 02458 210/040.0-0004-0323.K COWHEY,ELEANOR M LT 148 MAIN STREET K323 NORTH ANDOVER MA 01845 210/040.0-0004_-0325.K DONAHUE,LAUREEN A 160 PLEASANT STREET NORTH ANDOVER MA 01845 210/040.0-0004-0327.S MC CANN,SHIRLEY 148 MAIN STREET S327 NORTH ANDOVER MA 01845 210/040.0-0004-0329.S SICARI FAMILY TRUST,ROSE 148 MAIN STREET#S329 NORTH ANDOVER MA 01845 210/040.0-0004-0331.13 BEHENNA,JAMES F 148 MAIN STREET#13331 NORTH ANDOVER MA 01845 210/040.0-0004-0333.13 MILLER,MELANIE R 148 MAIN STREET#B-333 NORTH ANDOVER MA 01845 210/040.0-0004-0335.13 D'AGATA, FLORA E 148 MAIN STREET#13335 NORTH ANDOVER MA 01845 210/040.0-0004-0337.0 GONCALVES,TERESA 148 MAIN STREET#0337 NORTH ANDOVER MA 01845 210/040.0-0004-0339.0 COREY,KAREN L 148 MAIN STREET C339 NORTH ANDOVER MA 01845 210/040.0-0004-0341.F MCGETTRICK,BRIAN M. 148 MAIN STREET F341 NORTH ANDOVER MA 01845 �3 210/040.0-0004-0343.F SPERANDIO,JANET E 148 MAIN STREET 343F NORTH ANDOVER MA 01845 X1040 344F IBE . 210/040.0-0004-0345.F TOWSE, MARY L 148 MAIN STREET 345F NORTH ANDOVER MA 01845 210/040.0-0004-0402.0 SNOW,BRENDA R 148 MAIN STREET#0402 NORTH ANDOVER MA 01845 210/040.0-0004-0404.0 NEUBERT,ELAINE C 148 MAIN STREET#0404 NORTH ANDOVER MA 01845 210/040.0-0004-0406.0 MURPHY SR,WILLIAM E 148 MAIN STREET#0406 NORTH ANDOVER MA 01845 0104 ,. � 210/040.0-0004-0408.A HOEGGER,JEAN M 148 MAIN STREET#A408 NORTH ANDOVER MA 01845 210/040.0-0004-0410.A THE MARKEE FAMILY TRUST 148 MAIN STREET#A410 NORTH ANDOVER MA 01845 1- 210/040.0-0004-0412.A THOMAS&JOSEPHINE COMPARATO 148 MAIN STREET#A412 NORTH ANDOVER MA 01845 180@4T Town of North Andover 210/040.0-0004-0414.A KELLEY,DOUGLAS A&LAURIE A 148 MAIN STREET APT 414 NORTH ANDOVER MA 01845 210/040.0-0004-0421.K MORGAN,EUGENE P. 148 MAIN STREET K421 NORTH ANDOVER MA 01845 210/040.0-0004-0423.K MARSHALL,LYNDA A 148 MAIN STREET K423 NORTH ANDOVER MA 01845 210/040.0-0004-0425.K KLAPES,LINDA L 148 MAIN STREET K425 NORTH ANDOVER MA 01845 210/040.0-0004-0427.S PALLADINO,ROSE M 77 SPRING GROVE ROAD ANDOVER MA 01810 210/040.0-0004-0429.S GRIMLEY, PATRICIA B 148 MAIN STREET S429 NORTH ANDOVER MA 01845 210/040.0-0004-0431.13 BURKE,SHAWN P 148 MAIN STREET B431 NORTH ANDOVER MA 01845 210/040.0-0004-0433.13 HORTON,NANCY P 148 MAIN STREET#8-433 NORTH ANDOVER MA 01845 210/040.0-0004-0435.6 GLORIA REALTY TRUST 148 MAIN STREET#13435 NORTH ANDOVER MA 01845 210/040.0-0004-0437.0 WALSH,JOHN J 58 PADDOCK LANE NORTH ANDOVER MA 01845 210/040.0-0004-0439.0 DUNN,JAMES G 148 MAIN STREET#0439 NORTH ANDOVER MA 01845 210/040.0-0004-0441.F JEZIERSKI,LEO J 148 MAIN STREET NORTH ANDOVER MA 01845 _ 210/040.0-0004-0443.F ROUTHIER,ANNELLE E 148 MAIN STREET F443 NORTH ANDOVER MA 01845 210/040.0-0004-0445.F BERNARD,BRENDA E 148 MAIN STREET F445 NORTH ANDOVER MA 01845 210/040.0-0004-0502.0 PACHOLSKI,KIMBERLY 148 MAIN STREET#0502 NORTH ANDOVER MA 01845 210/040.0-0004-0504.0 MC QUADE,M ANN 148 MAIN STREET#0504 NORTH ANDOVER MA 01845 210/040.0-0004-0506.0 ROGERS JR,RICHARD C 148 MAIN STREET#0506 NORTH ANDOVER MA 01845 210/040.0-0004-0508.A SALADINI,JUDY A 148 MAIN STREET#A508 NORTH ANDOVER MA 01845 210/040.0-0004-0510.A BEHR_AVESH,MAJID 10B WASHINGTON PARK U-8 ANDOVER MA 01810 210/040.0-0004-0512.A CHRISTINE V SHEEHY TRUST 148 MAIN STREET#A512 NORTH ANDOVER MA 01845 210/040.0-0004-0514.A WOODWORTH,BARBARA W LT 148 MAIN STREET#A514 NORTH ANDOVER MA 01845 210/040.0-0004-0521.K BUCK,THERESE H 148 MAIN STREET K521 NORTH ANDOVER MA 01845 210/040.0-0004-0523.K CHARLES&KAREN GUZELIAN 6 RIVERCREST DRIVE WEST NEWBURY MA f)MOR OR",WOO 210/040.0-0004-0525.K LEVIS,JOSEPH 160 PLEASANT STREET NORTH ANDOVER MA 01845 210/040.0-0004-0527.S MILLER,GAYLE M 148 MAIN STREET S527 NORTH ANDOVER MA 01845 210/040.0-0004-0529.S EMILY GRASSO,TRUSTEE 148 MAIN STREET S529 NORTH ANDOVER MA 01845 210/040.0-0004-0531.6 VINCENT,MARK m 4 LACY STREET NORTH ANDOVER MA 01845 210/040.0-0004-0533.B ARSENAULT IRREV TRUST,ALFRED J 148 MAIN STREET#6533 NORTH ANDOVER MA 01845 r. 210/040.0-0004-0535.13 PECCI,STEVEN P 148 MAIN STREET B535 NORTH ANDOVER MA 01845 4 05 K , 210/040.0-0004-0537.0 FARIA,COLMAN C 148 MAIN STREET C537 NORTH ANDOVER MA 01845 210/040.0-0004-0539.0 PHANEUF,ELIZABETH J 148 MAIN STREET#0539 NORTH ANDOVER MA 01845 210/040.0-0004-0541.F QUINN,THOMAS M 148 MAIN STREET F541 NORTH ANDOVER MA 01845 210/040.0-0004-0543.F DWYER,GERALDINE M,MAUREEN N 5 6TH STREET HAMPTON BEACH NH 03842 210/040.0-0004-0545.F DEVINE,LISA 148 MAIN STREET 545F NORTH ANDOVER MA 01845 December 1, 2oo5 To Whom It May Concern: Please accept this letter as authorization for The Sign Center to act on our behalf for obtaining sign permits for Tour Andover Controls at 1 High Street. If you have any questions regarding the above notification,do not hesitate to contact me at 978-372-3721. Sincerely Eric Schilling ~v Mansur Investment Services 10 West Market Street(Suite 1200) Indianapolis, IN 46204 AC04A CERTIFICATE OF LIABILITY INSURANCE OPID 7 DATE(MM/DD/YYYY) INSIG-1 12/05/05 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE TD Banknorth Ins Agcy Inc (SF) HOLDER.THIS CERTIFICATE DOES NOT AMEND,EXTEND OR P.O. Box 9040 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Springfield MA 01102-9040 Phone: 413-781-5940 Fax:413-733-7722 INSURERS AFFORDING COVERAGE NAIC# INSURED INSURER A: HANOVER INSURANCE CO. 22292 Insignia Inc DBA Sign Center INSURER B: Twin City Fire Insurance co. 29459 Jason M Kahn INSURER C: Hartford Fire Insurance Co 19682 40 Orchard St INSURER D: Nat'l Union Fire Pittsburgh PA 19445 Haverhill MA 01830 INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LTR NSR POLICY EFFEC VE PICYTYPE OF INSURANCE POLICY NUMBER DATE MM/DD/YY DATE MM/DD/YY N LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 C X COMMERCIAL GENERAL LIABILITY 08SBAPJ4769 12/01/05 12/01/06 PREMISES Ea occurence) $300 r 000 CLAIMS MADE a OCCUR MED EXP(Any one person) $ 10,000 PERSONAL&ADV INJURY $ 1,000,000 GENERAL AGGREGATE s2,000,000 GENT AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OPAGG s2,000,000 POLICY F PRO- JECT LOC AUTOMOBILE LIABILITY A ANY AUTO ANN663183903 12/12/05 12/12/06 COMB(Ea accident)SINGLE LIMIT $ 1,000,000 ALL OWNED AUTOS BODILY INJURY $ X SCHEDULED AUTOS (Per person) X HIRED AUTOS BODILY INJURY $ X NON-OWNED AUTOS (Per accident) PROPERTY DAMAGE $ (Per accident) GARAGE LIABILITY AUTO ONLY-EA ACCIDENT $ ANY AUTO OTHER THAN EA ACC $ AUTO ONLY: AGG $ EXCESS/UMBRELLA LIABILITY EACH OCCURRENCE s2,000,000 D X OCCUR El CLAIMS MAOE EBU9038191 12/12/05 12/12/06"' AGGREGATE s2,000,000 $ DEDUCTIBLE $ X RETENTION $10,000 $ iH- WORKERS COMPENSATION AND X TORY LIMITS ER B EMPLOYERS'LIABILITY 08WECGU7291 12/12 ANY PROPRIETOR/PARTNER/EXECUTIVE /05 12/12/06 E.L.EACH ACCIDENT $ rjQQrOQQ OFFICER/MEMBER EXCLUDED? E.L.DISEASE-EA EMPLOYEE $ 50O QQQ If yes,describe under SPECIAL PROVISIONS below E.L.DISEASE-POLICY LIMIT $ 500 OOO OTHER DESCRIPTION OF OPERATIONS/LOCATIONS I VEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS To provide evidence of insurance. CERTIFICATE HOLDER CANCELLATION GENERIC SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,THE ISSUING INSURER WILL ENDEAVOR TO MAIL 10 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,BUT FAILURE TO DO SO SHALL For Insurance Purposes Only IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER,ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE TD Banknorth Ins. Agency, Inc. ACORD 25(2001/08) ©ACORD CORPORATION 1988