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HomeMy WebLinkAboutMiscellaneous - 1 HIGH STREET .2 06,6- � Town of North Andover Town Clerk Time Stamp Community Development and Services Division Office of the Zoning Board of Appeals 400 Osgood Street �danc,ws North Andover,Massachusetts 01845 D. Robert Nicetta Telephone (978)688-9541 : Building Commissioner Fax (978)688-9542 C= f.a• Any appeal shall be filed within Notice of Decision (20)days after the date of filing Year 2005 A of this notice in the office of the Town Clerk,per Mass.Gen.L.ch. n 40A, §17 Property at: High Street(Map 53 Parcel 2413) NAME: Saraceno Construction,LLC, HEARING(S): April 12,May 12,& 68R Woodland Street, June 14,2005 Lawrence,MA 01841 ADDRESS: High Street 53 Parcel 24B PETITION: 2005-007 North Andover,MA 01845 TYPING DATE: June 17,2005 The North Andover Board of Appeals held a public hearing at its regular meeting in the Town Hail top floor meeting room, 120 Main Street,North Andover,MA on Tuesday,June 14,2005 at 7:30 PM upon the application of Saracen Construction,LLC,68R Woodland Street,Lawrence,MA 01841,request*a dimensional Variance for premises at: 104 High Street from Section 7,Paragraph 7.2 and Table�of the Zoning Bylaw for relief of street frontage in order to construct a single family residence. Said premises affected is property with frontage on the within the R-4 zoning district. The legal notices were published in the Eagle-Tribune on March 21 &28,2005. The following voting members were present: Ellen P.McIntyre,Richard J.Byers,Albert P.Mandl,III, Thomas D.Ippolito,and Richard M.Vaillancourt. The following non-voting members were present: Joseph D.LaGrasse and David R Webster. Upon a motion by Richard J.Byers and 2"a by Richard M.Vaillancourt,the Board voted to GRANT a dimensional Variance from Section 7,Paragraph 7.2 and Table 2 of the Zoning Bylaw for relief Of 14.57' from the requirements of street frontage in order to construct a new single-family residence per Plan of Land 94-96 High Street(Tax map 53 Lot 24B)in North Andover,Massachusetts,Applicant: Sarapeno Construction Trust,68 R Woodland Street,Lawrence,Massachusetts,01841,Date:November 15 2004, Revision Date 5/3/05, 5/13/05 by Bradley C.McKenzie,Registered Professional Civil Engineer#36917, McKenzie Engineering Group,Inc., 196 Central Street,Saugus,Massachusetts 01906. With the ft flowing conditions: 1. The dwelling at High Street,Map 53,Parcel 24B shall be a single-family dwelling,only. 2. The hatched area on the above plan shalt be preserved as a no build area. 3. The ground to roof peak elevation shall not exceed 30'. Voting in favor: Ellen P.McIntyre,Richard J.Byers,Albert P.Manzi,III,Thomas D.Ippolito,and Richard M. Vaillancourt. The Board finds that this application for a single-family dwelling,with fewer vehicles,the front setback level with 102-104 High,and the approval of abutters Leon Kogan, 102 High Street and Sanjay Jain, 104 High Street given to the above Plan of Land has satisfied the provisions of Section 10,paragraph i0.4 of the Zoning Bylaw in that the granting of this Variance will not adversely affect the duplex or the neighborhood or derogate from the intent and purpose of the Zoning Bylaw. Pagel of 2 Board o f Appeals 978-688-9541 Building 978-688-9545 Conservation 978-688-9530 Health 978-688-9540 Planning 978-688-9,535 i Town of North Andover f ,,ORT►, Office of the Zoning Board of Appeals Community Development and Services Division 400 Osgood Street tl a►�no D. Robert Nicetta North Andover,Massachusetts 01845 Building Commissioner Telephone (978)688-9541 Fax (978)688-9542 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 hearing. Furthermore,if a Special Permit granted under the provisions contained herein shall be deemed to have lapsed after a two(2) year period from the date on which the Special Permit was granted unless substantial use or construction has commenced,it shall lapse and may be re-established only after notice,and a new hearing. Town of North Andover Board of Appeals, Ellen P.McIntyre,Chair Decision 2005-007. M53P24B. Page 2 of 2 Board of Appeals 978-688-9541 Building 978-688-9545 Conservation 978-688-9530 Heahh 978-688-9540 Planning 978-688-9535 Town of Nord Andover Town Clerk Time stamp � • N Community Development and Services Division F 9 ,.. Office of the Zoning Board of Appeals 400 Osgood Street �ss�cNustt North Andover,Massachusetts 01845 D.Robert Nicetta Telephone (978)688-9541 -f Building Commissioner Fax (978)688-9542 L EE `- rT1 rn Zr Any appeal shall be filed within Notice of Decision (20)days after the date of filing Year 2005 ':7 > of this notice in the office of the Town Clerk,per Mass. Gen. L. ch. 40A, §17 Property at: High Street(Map 53 Parcel 24B) NAME: Saraceno Construction,LLC, HEARING(S): April 12,May 12,& 68R Woodland Street, June 14,2005 Lawrence,MA 01841 ADDRESS: High Street(Map 53 Parcel 2413) PETITION: 2005-007 North Andover,MA 01845 TYPING DATE: June 17,2005 The North Andover Board of Appeals held a public hearing at its regular meeting in the Town Hall top floor meeting room, 120 Main Street,North Andover,MA on Tuesday,June 14,2005 at 7:30 PM upon the application of Saraceno Construction,LLC,68R Woodland Street,Lawrence,MA 01841,requesting a dimensional Variance for premises at: 104 High Street from Section 7,Paragraph 7.2 and Table 2 of the Zoning Bylaw for relief of street frontage in order to construct a single family residence. Said premises affected is property with frontage on the within the R-4 zoning district. The legal notices were published in the Eagle-Tribune on March 21&28,2005. The following voting members were present. Ellen P.McIntyre,Richard L Byers,Albert P.Manzi,III, Thomas D.Ippolito,and Richard M.Vaillancourt. The following non-voting members were present: Joseph D.LaGrasse and David R.Webster. Upon a motion by Richard J.Byers and 2nd by Richard M Vaillancourt,the Board voted to GRANT a dimensional Variance from Section 7,Paragraph 7.2 and Table 2 of the Zoning Bylaw for relief of 14.57' from the requirements of street frontage in order to construct a new single-family residence per Plan of Land 94-96 High Street(Tax map 53 Lot 24B)in North Andover,Massachusetts,Applicant: Saraceno Construction Trust,68 R Woodland Street,Lawrence,Massachusetts,01841,Date:November 15,2004, Revision Date 5/3/05, 5/13/05 by Bradley C.McKenzie,Registered Professional Civil Engineer#36917, McKenzie Engineering Group,Inc., 196 Central Street,Saugus,Massachusetts 01906. With the following conditions: 1. The dwelling at High Street,Map 53,Parcel 24B shall be a single-family dwelling,only. 2. The hatched area on the above plan shall be preserved as a no build area. 3. The ground to roof peak elevation shall not exceed 301. Voting in favor: Ellen P.McIntyre,Richard J.Byers,Albert P.Manzi,III,Thomas D.Ippolito,and Richard M.Vaillancourt. The Board finds that this application for a single-family dwelling,with fewer vehicles,the front setback level with 102-104 High,and the approval of abutters Leon Kogan, 102 High Street and Sanjay Jain, 104 High Street given to the above Plan of Land has satisfied the provisions of Section 10,paragraph 10.4 of the Zoning Bylaw in that the granting of this Variance will not adversely affect the duplex or the neighborhood or derogate from the intent and purpose of the Zoning Bylaw. Pagel of2 Board of Appeals 978-688-9541 Building 978-688-9545 Conservation 978-688-9530 Health 978-688-9540 Planning 978-688-9535 Town of North Andover ,,OR*� Office of the Zoning Board of Appeals 0? 's`'' K '° Community Development and Services Division 400 Osgood Street ^0+,.°o North Andover,Massachusetts 01845 'sswCsg� D. Robert Nicetta Building commissioner Telephone (978)688-9541 Fax (978)688-9542 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 hearing. Furthermore,if a Special Permit granted under the provisions contained herein shall be deemed to have lapsed after a two(2) year period from the date on which the Special Permit was granted unless substantial use or construction has commenced,it shall lapse and may be re-established only after notice,and a new hearing. Town of North Andover Board of Appeals, Ellen P.McIntyre,Chair Decision 2005-007. M53P248. Page 2 of 2 Board of Appeals 978-688-9541 Building 978-688-9545 Conservation 978-688-9530 Health 978-688-9540 Planning 978-688-9535 a ..`..T. Town of North Andover Town Clerk Time Stamp Community Development and Services Division Office of the Zoning Board of Appeals 400 Osgood Street North Andover,Massachusetts 01845 D. Robert Nicetta Telephone (978)688-9541 Building Commissioner Fax (978)68R�-9 �� fi Thi i to certify that twenty(20)days "have elapsed from date of decision,flied -� without filing of anpeal. N a Datell�/,�'ST>G a2oa� . Joyos A,Bradshaw Any appeal shall be filed within Notice of Decision Town Clark 50,C4,10 (20)days after the date of filing Year 2005 "' • of this notice in the office of the Town Clerk,per Mass.Gen.L. ch. 40A, §17 Property at: High Street(Map 53 Parcel 2411 NAME: Saracen Construction,LLC, HEARING(S): April 12,May 12,& 68R Woodland Street, June 14,2005 Lawrence,MA 01841 ADDRESS: High Street(Map 53 Parcel 24B PETITION: 2005-007 North Andover,MA 01845 TYPING DATE: June 17,2005 The North Andover Board of Appeals held a public hearing at its regular meeting in the Town Hall top floor meeting room, 120 Main Street,North Andover,MA on Tuesday,June 14,2005 at 7:30 PM upon the application of Saracen Construction,LLC,68R Woodland Street,Lawrence,MA 01841,requesting a dimensional Variance for premises at: 104 High Street from Section 7,Paragraph 7.2 and Table 2 of the Zoning Bylaw for relief of street frontage in order to construct a single family residence. Said premises affected is property with frontage on the within the R-4 zoning district. The legal notices were published in the Eagle-Tribune on March 21&28,2005. The following voting members were present'. Ellen P.McIntyre,Richard J.Byers,Albert P.Manzi,III, Thomas D.Ippolito,and Richard M.Vaillancourt. The following non-voting members were present: Joseph D.LaCwmse and David R.Webster. Upon a motion by Richard J.Byers and 2"a by Richard M Vaillancotut,the Board voted to GRANT a dimensional Variance from Section 7,Paragraph 7.2 and Table 2 of the Zoning Bylaw for relief of 14.57' from the requirements of street frontage in order to construct a new single-family residence per Plan of Land 94-96 High Street(Tax map 53 Lot 24B)in North Andover,Massachusetts,Applicant: Saracen Construction Trust,68 R Woodland Street,Lawrence,Massachusetts,0 184 1,Date:November 15,2004, Revision Date 5/3/05, 5/13/05 by Bradley C.McKenzie,Registered Professional Civil Engineer#36917, McKenzie Engineering Group,Inc., 196 Central Street,Saugus,Massachusetts 01906. With the following conditions: 1. The dwelling at High Street,Map 53,Parcel 24B shall be a single-family dwelling,only. 2. The hatched area on the above plan shall be preserved as a no build area. 3. The ground to roof peak elevation shall not exceed 301. Voting in favor: Ellen P.McIntyre,Richard J.Byers,Albert P.Manzi,III,Thomas D.Ippolito,and Richard M.Vaillancourt. The Board finds that this application for a single-family dwelling,with fewer vehicles,the front setback level with 102-104 High,and the approval of abutters Leon Kogan, 102 High Street and Sanjay Jain, 104 High Street given to the above Plan of Land has satisfied the provisions of Section 10,paragraph 10.4 of the Zoning Bylaw in that the granting of this Variance will not adversely affect the duplex or the neighborhood or derogate from the intent and purpose of the Zoning Bylaw. Pagel of 2 Board of Appeals 978-688-9541 Building 978-688-9545 Conservation 978-688-9530 Health 978-688-9540 Planning 978-688-9535 Town of North Andover NORTH Office of the Zoning Board of Appeals Community Development and Services Division 400 Osgood Street D. Robert Nicetta North Andover,Massachusetts 01845 �sswc► .ss Building Commissioner Telephone (978)688-9541 Fax (978)688-.-9542 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 hearing. Furthermore,if a Special Permit granted under the provisions contained herein shall be deemed to have lapsed after a two(2) year period from the date on which the Special Permit was granted unless substantial use or construction has commenced,it shall lapse and may be re-established only after notice,and a new hearing. Town of North Andover Board of Appeals, 4�1 LA P hdrAv-(� Ellen P.McIntyre,Chair Decision 2005-007. M53P24B. Page 2 of 2 I Board of Appeals 978-688-9541 Building 978-688-9545 Conservation 978-688-9530 Health 978-688-9540 Planning 978-688-9535 Town of North Andover �?O.Zt�•o,�•d�ppA Office of the Zoning Board of Appeals Community Development and Services Division . f s � 400 Osgood Street �4T•o� North Andover Massachusetts 01845 '�s, sE` cHu D. Robert Nicetta Building Conirnissioner Telephone(978)688-9541 Fax (978)688-9542 Date uz- . /3 TO: Town of North Andover Zoning Board of Appeals 400 Osgood Street t_ North Andover MA 01845 C-j rn Please be advised that I have agreed to waive the time constraints for the Nosh Andover Zoning Board of Appeals to make a decision regarding the granting of a w `Var;an c Special Permit Comprehensive Permit(40B) Finding for property located at: STREET: 5tieej MAP: 3 PARCEL: TOWN: 0 ' "1 (�VC' TO MEETING DATE(S): W ►n P_ I 2 f NAME OF PETITIO E -5 mce �ttri r Signed: P itione-r(or petit' er's representative) MAY �O r� Appeals 978-688-9.541 Building 978-688-9545 Conservation 978-688-9530 Health 978-688-9540 Planning 978-688-9535 i 01 BOARD OF iiPK---A S Town of North Andover O€fi-e,of the Zoning Board of Appeals Community Development and Services Division r ,* 400 Osgood Street „p,� -=North Andover,Massachusetts 01845 RSSwCHU D. Robert Nicetta Telephone (978)688-9541 Building Commissioner P Fax (978)688-9542 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 Ie of April, 2005 at 7:30 PM to all parties interested in the appeal of Saracen Construction, LLC, 68R Woodland Street,Lawrence, MA 01841, requesting a dimensional Variance for premises at: 104 High Street from Section 7,Paragraph 7.2 and Table 2 of the Zoning Bylaw for relief of street frontage in order to construct a single family residence. Said premises affected is property with frontage on the within the R-4 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 March 21 &28, 2005. ” Legalnotice 2005-007. M53P24B. Board of Appeals 978-688-9541 Building 978-688-9545 Conservation 978-688-9530 Health 978-688-9540 Planting 978-688-9535 Town of North Andover waRr►, Office of the Planning Department �r°d�``°• "°gip Community Development and Services Division 27 Charles Street North Andover, Massachusetts 02845 $"`""5� Town Planner. jwoods@townofnorthandover.com P (978)688-9535 J.Justin Woods ht!p://www.townofiiorthandover.com F (978) 688-9542 For Immediate Release August 20, 2003 PLANNING BOARD ISSUES SITE PLAN& WIRELESS SERVICE FACILITY SPECIAL PERMITS TO OMNIPOINT HOLDINGS,.INC.FOR ANTANNAES AT 1 HIGH STREET On February 4, 2003, The North Andover Planning Board denied Omnipoint's Holdings, Inc.'s Wireless Service Facility Special Permits to allow the installation of a three panel antennae on an existing smokestack of a building at 1 High Street, which is in the Industrial-S Zoning District. Omnipoint Holdings subsequently filed suit against the Planning Board in the United States District Court for the District of Massachusetts, Civil Action No. 03CV 10401NG. Special Town Counsel advised the Planning Board that continuing legal activity defending the denial of the special permits would lead to an eventual unfavorable ruling against the Town and certain loss of any special conditions agreed to with the applicant during the special permit process. Thus on May 20, 2003, upon the recommendation of Special Town Counsel, the Planning Board agreed to settle the case, and issue the Special Permits in order to limit the Town from further legal costs and maintain the ability to mitigate project impacts. In accordance with Section I of the Consent Judgment, entered and ordered by the Honorable Nancy Gertner on July 18, 2003, and incorporated into the permit by reference, the Town of North Andover Planning Board issued a Wireless Service Facility Special Permit and a Site Plan Special Permit, subject to certain FINDINGS OF FACTS and SPECIAL CONDITIONS,on August 20,2003. ra CrD `--' (/I C7 t..tl gORT1, p��,�eo a��•G Town of North Andover o� M y A Office of the Planning Department Community Development and Services Division 27 Charles street North Andover,Massachusetts 01845 Town Planner. http://www.townofnorthandover.com P (978)688'9535 J.Justin Woods jwoods@townofnorthandover.com F (978)688-9542 NOTICE OF PERMIT SENT USPS VIA CERTIFIED MAIL RETURN RECEIPT REQUESTED 1 High Street Omnipoint Holdings,Inc. Wireless Service Facility Special Permit Site Plan Special Permit The above reference Special Permits were requested by Omnipoint Holdings Inc.,50 Vision Boulevard,East Providence, Rhode Island 02914. The application and additional documentation was filed with the Planning Board on July 16, 2002, with subsequent submittals on file. The applicant submitted a complete application, which was noticed and reviewed in accordance with Sections 8.3,8.9,and 10.3 of the Town of North Andover Zoning Bylaw and MGL Chapter 40A,Section 9. The North Andover Planning Board closed the public hearings on February 4, 2003. Angles made, and Schwarz seconded, a motion to grant the Wireless Service Facility Special Permit and a Site Plan Special Permit to permit the installation of three panel antennae on an existing smokestack of an existing building within the Industrial—S Zoning District,and to locate base electronic equipment on the existing base structure. The Planning Board voted on the Angles motion by a vote of 3 in favor to 2 against. MGL Chapter 40A, Section 9 and Section 10.3(5)of the Town of North Andover Zoning Bylaw states that a special permit issued by a special permit granting authority requires a vote of at least four members of a five-member board. Accordingly, the applications for a Wireless Service Facility Special Permit and a Site Plan Special Permit were denied. Omnipoint Holdings sought relief in the United States District Court for the District of Massachusetts, Civil Action No. 03CV1040ING. Per Section I of the Consent Judgment, entered and ordered by the Honorable Nancy Gertner on July 18, 2003, and incorporated herein by reference, the Town of North Andover Planning Board hereby issues a Wireless Service Facility Special Permit and a Site Plan Special Permit, subject to the FINDINGS OF FACTS and SPECIAL CONDITIONS set forth in Appendix A to this decision. Submitted by: J.!r Woods,Town Planner µ for the North Andover Planning Board: Alberto Angles,Chairman George White,Vice Chairman Felipe Schwarz,Clerk Richard Nardella,Member CD John Simons,Member - James Phinney,Associate Member BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535 1 Higb Street Omnipoint Holdings,Inc. Wireless Service Facility Special Permit Site Plan Special Permit August 20,2003 Page 2 of 5 Appendix A Wireless Service Facility Special Permit The Planning Board makes the following FINDINGS OF FACT as required by the North Andover Zoning Bylaw Section 8.9: 1. The panel antennae are affixed to an existing structure and painted the same color as the structure to camouflage the facility and minimize visual impact. Ancillary equipment and generators will be located within the structure. 2. The Radio-Frequency emissions of the facility meet applicable FCC guidelines and regulations. 3. The carrier has demonstrated that the facility is necessary in older to provide adequate service to the public. 4. The plan meets the requirements of the Wireless Service Facilities By-law Section 8.9,with the exception of the waivers granted listed in Condition#18. 5. A Zoning Variance for relief of 475 feet from the required the 600-foot setback from residential properties and"fall zone"setback was granted on September 13,2002 by the Zoning Board of Appeals. 6. Adequate and appropriate facilities will be provided for the proper operation of the proposed facility. Site Plan Special Permit The Planning Board makes the following FINDINGS OF FACT as required by the North Andover Zoning Bylaw Sections 8.3: 1. The use will not result in any nuisance or serious hazard to vehicles or pedestrians. 2. There will be minimal alteration to the existing site or structure as a result of this facility. Finally the Planning Board finds that this project generally complies with the Town of North Andover Zoning Bylaw requirements as listed in Sections 8.3, 8.9, and 10.3 but requires conditions in order to be fully in compliance. The Planning Board hereby grants an approval to the applicant provided the following conditions are met: SPECIAL CONDITIONS: 1:Discontinuance Abandonment a) At such time that a licensed carrier plans to abandon or discontinue operation of wireless service equipment, such carrier will notify the Town by certified US mail of the proposed date of abandonment or discontinuation of operations. Such notice shall be given no less than 30 days prior to abandonment or discontinuation of operations. In the event that a licensed carrier fails to give such notice, the wireless service equipment shall be considered abandoned upon discontinuation of operations. b) Upon abandonment or discontinuation of use, the carrier shall physically remove the wireless service equipment placed on the site by the carrier within 90 days from the date of abandonment or discontinuation of use. "Physically remove" shall include,but not be limited to: i) Removal of antennas, mount, equipment shelters and security barriers installed by the carrier (unless the same will continue to be used by the owner)from the subject property. ii) Proper disposal of the waste materials generated by the carrier from the site in accordance with local and state solid waste disposal regulations. BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535 1 High Street Omnipoint Holdings,Inc. Wireless Service Facility Special Permit Site Plan Special Permit August 20,2003 Page 3 of 5 c) As a condition of any special permit for the placement, construction or modification of a wireless service equipment at the site, the carrier shall place into escrow a sum of money to cover the costs of removing the facility from the subject property. Said amount shall be certified by an engineer, architect or other qualified professional registered to practice in the Commonwealth of Massachusetts. Said funds shall be held by an independent escrow agent to be appointed by the carrier and the SPCA. The carrier shall authorize and, as necessary, shall obtain the authorization of the owner of the property to allow the escrow agent to enter upon the subject property to remove the facility when the facility has been abandoned or discontinued. In the event the posted amount does not cover the cost of demolition and/or removal the Town may place a lien upon the property covering the difference in cost. d) The equipment shall be deemed to be abandoned or discontinued if it has not been used for the purpose for which it was originally constructed for a period of six (6) months or more. Once abandonment or discontinuance has occurred, the carrier shall remove the equipment placed by the carrier from the subject property within ninety days. In the event that the carrier fails to remove the equipment, the town shall give notice to the carrier and the independent escrow agent that the equipment shall be removed by the escrow agent forthwith and the escrow agent, after affording written notice seven days in advance to the carrier, shall remove the facility. 2) Performance Guarantees a) The Special Permit holder must maintain in full force and effect, and shall annually, on January 15, file proof of adequate insurance to cover damage from the equipment on the structure, damage from transmissions and other site liabilities. Insurance in a reasonable amount shall be determined and approved by the SPGA, after consultation, at the expense of the applicant, with one (1) or more insurance companies. b) Funds, sufficient in the opinion of the SPGA to cover annual maintenance of the equipment on the facility, shall be placed into escrow and shall be held by the independent escrow agent who shall be authorized to expend the funds for the maintenance of the equipment on the facility on terms to be agreed upon by the carrier and the SPGA as a condition of approval of the special permit. c) The Special Permit holder shall annually, on January 15, file a declaration with the with the SPGA certifying the continuing safe operation of every facility installed subject to these regulations and demonstrating continuing compliance with the standards of the Federal Communications Commission, Federal Aviation Administration and the American National Standards Institute. 3) Term of Special Permit. a) A Special Permit issued for any wireless service facility shall be valid for three (3) years. The special permit may be renewed under the same criteria as the original special permit, provided that the application for renewal of the special permit is made prior to the expiration date of the original or any renewed special permit. Additional measures governing the administration of the special permit are found in Section 10.3 of the Zoning Bylaw BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535 1 High Street Omnipoint Holdings,Inc. Wireless Service Facility Special Permit Site Plan Special Permit August 20,2003 Page 4 of 5 b) After the equipment on the facility is in operation,the applicant shall submit to the SPGA, within 90 days of beginning operations and at annual intervals from the date of issuance of the Special Permit, preexistent and current RFR measurements. Such measurements shall be signed and certified by an RF engineer, stating that RER measurements are accurate and are in compliance or why the measurements fail to comply with all applicable FCC Guidelines as specified in Section 8.9(4)(c)(1) RFR Filing Requirements of this Bylaw. The measurements shall be submitted for the equipment proposed on this facility. c) After the wireless service facility is in operation the applicant shall submit to the SPGA; within 90 days of the issuance of the Special Permit, and at annual intervals from the date of issuance of the Special Permit, preexistent and current measurements of acoustic noise from the wireless service facility Such measurements shall be certified and signed by an acoustical engineer, stating that noise measurements are accurate and meet the Noise Standards sub-section 6.13.14.5 of this Bylaw. d) The applicant and co-applicant or their successor in interest shall maintain the wireless service equipment in good condition. Such maintenance shall include, but shall not be limited to, painting, structural integrity of the equipment. 4. Prior to the endorsement of the plans by the Planning Board, the applicant must comply with the following conditions: a) The applicant shall provide a map indicating the intended locations for testing as required above. b) A bond in the amount of$5,000 shall be posted for the purpose of insuring that a final as-built plan showing the location of all on-site structures. The bond is also in place to insure that the site is constructed in accordance with the approved plan. This bond shall be in the form of a check made out to the Town of North Andover. This check will then be deposited into an interest bearing escrow account. c) The applicant shall provide the necessary escrow accounts and insurance as required in the above sections 1c,2a and 2b. 5. Prior to the start of construction: a) A construction schedule shall be submitted to the Planning Staff for the purpose of tracking the construction and informing the public of anticipated activities on the site. 6. Prior to FORM U verification(Building Permit Issuance): a) The final site plan mylars must be endorsed and three (3) copies of the signed plans must be delivered to the Planning Department. b) A certified copy of the recorded decision must be submitted to the Planning Department. 7. Prior to verification of the Certificate of Occupancy: a) The applicant must submit a letter from the architect or engineer of the project stating that the construction and operations substantially comply with the plans referenced at the end of this decision as endorsed by the Planning Board. 8. Prior to the final release of security: a) A final as-built plan showing final construction and location of the wireless hardware shall be submitted to and reviewed by the Planning Staff. 9. Any stockpiling of materials (dirt, wood, construction material, etc.) must be shown on a plan and reviewed and approved by the Planning Staff. Any approved piles must remain covered at all times to minimize any dust problems that may occur with adjacent properties. Any stock piles to remain for longer than one week must be fenced off and covered. BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535 I High Street Omnipoint Holdings,Inc. Wireless Service Facility Special Permit Site Plan Special Permit August 20,2003 Page 5 of 5 10. In an effort to reduce noise levels,the applicant shall keep in optimum working order,through regular maintenance, any and all equipment that shall emanate sounds from the structures or site. it. No equipment or other equipment that will emanate noise-exceeding levels cited herein shall be placed on the exterior of the structure. Such equipment shall be enclosed as shown on the plans. 12. All site lighting shall provide security for the site and structures however it must not create any glare or project any light onto adjacent residential properties. 13. The contractor shall contact Dig Safe at least 72 hours prior to commencing any excavation. 14. The provisions of this approval shall apply to and be binding upon the applicant,its employees and all successors and assigns in interest or control. 15. Any action by a Town Board, Commission, or Department that requires changes in the plan or design of the building as presented to the Planning Board, may be subject to modification by the Planning Board. 16. Any revisions shall be submitted to the Town Planner for review. If these revisions are deemed substantial,the applicant must submit revised plans to the Planning Board for approval. 17. This Special Permit approval shall be deemed to have lapsed on November 12, 2005 or three years from the date the permit was granted unless substantial use or construction has commenced. Substantial use or construction will be determined by a majority vote of the Planning Board. 18. The following waivers were granted in determining this decision: a) Waiver to provide all distances to buildings on the vicinity plan as described in Section 8.9.5.d.iii.8 b) Waiver to provide lines representing the site lines showing various viewpoints as described in Section 8.9.5 (d)iii, 12 c) Waiver to provide a complete Noise Filing under the provisions of Section 8.9.5 (d)A 19. The following information shall be deemed part of the decision: a) Plan titled: VoiceStream Wireless/Schneider Electric 4BS-0658-A 1 High Street Prepared for: Omnipoint Holdings,50 Vision Boulevard, East Providence,RI 02914 Prepared by: Edwards and Kelcey 95 Cedar Street,Providence,RI 02903 Dated: 5/8/02 Sheets: T-1,C1,Z-1,Z-2 b) Report: Radio Frequency Emissions Evaluation Prepared for: Omnipoint Holdings,50 Vision Boulevard, East Providence,RI 02914 Prepared by: Donald L.Haes,Jr. Radiation Safety Specialist 427 Amherst Street,Unit 11 Nashua,NH 03063 Dated: August 30,2002 c) Consent Judgment entered and ordered by the Honorable Nancy Gertner on July 18, 2003 in the United States District Court for the District of Massachusetts in Civil Action No.03CV 10401NG. BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535 j i i j APPLICATION for SITE PLAN SPECIAL PERMIT And VARIANCE (dimensional) for a WIRELESS SERVICE FACILITY i OMNIPOINT HOLDINGS, INC., a wholly owned subsidiary of VoiceStream Wireless 50 Vision Boulevard East Providence,RI 02914 Applicant Property Location: 1 High Street j North Andover,MA Map 54, Parcel 1 i 1 Prepared by: Paul Gascoigne Zoning Representative i Omnipoint Holdings, Inc. 50 Vision Boulevard East Providence, RI 02914 Telephone: (508) 277-5740 Facsimile: (401) 588-5658 July, 2002 f_ I -'U -, Y ^per C�) ��� N 9i9 l i TABLE OF CONTENTS APPLICATION to the PLANNING BOARD for a SITE PLAN SPECIAL PERMIT and to the ZONING BOARD of APPEALS for a VARIANCE (dimensional) for a WIRELESS SERVICE FACILITY TOWN OF NORTH ANDOVER,MA Property located at 1 High Street North Andover,MA Omnipoint Holdings,Inc.("VoiceStream Wireless") 50 Vision Boulevard,East Providence,RI 02914 Site Plan Special Permit Application Form Tab 1 Supporting Statement Copy of Application Check to Planning Board Variance Application Form Tab 2 Letter of Denial from Building Commissioner Supporting Statement Copy of Application Check to Planning Board Applicable By-Law Sections and Zoning Map Tab 3 RF Propagation Maps and RF Engineer's Affidavit Tab 4 Site Plan Tab 5 Letter from Massachusetts Department of Public Health Tab 6 (New Policy Regarding Radio Frequency Facility Installation Approval) Alternative Sites Analysis Tab 7 Certified Abutters List Tab 8 • • �e ion$ .fit .hlorth A dc�ue Town of North Andover Planning Board X&I" Please type or print clearly: r( 1. Petitioner: I s r 0; Address: 50 ;v„ d. E. L:3::- Telephone Number:5oy,- Ho 2. Owners of the Land: 04 PrvLt-r54 Pc-e,4yw5y4 i 92 Address: . Ersf o1 u l - ,c Telephone Number:Lo(,&11,4 : 9-A 4:,kJe,, K. S,4k Number of years ownership: If applicant is not the owner,please state interest in property: Lt,4G( D A1AAO('%La40n 3. Request for a Special Permit under Section A.9 of the North Andover Zoning Bylaw to Cov,64f v44 a. re,I r,t2s S er r;c.,t. ra I': J, 2a.sc, 4. Location of Property: k S or Zoning District:=5R Assessors: Map: _ Lot# 1 Registry of Deeds: Book#: Page# Ia 5. Existing Lot: t)ez Plate SMoKK Lot Area (Sq. Ft): Building Height: 90 f..4 G L Street Frontage; Side Setbacks: Font Setback: Rear Setback: Floor Area Ration: Lot Coverage: • Owner's Signature: S22 Print or type name here: � W ev.-, PROJECT REVIEW FEES Preliminary plan,modification of a Preliminary Plan,Modification of a Definitive Plan,or Modification of a Special Permit shall require the following initial Project Review Fee: Project Size Fee 2-15 lots/units $2,000 16-20 lots/units $3,000 21-25 lots/units $4,250 More than 25 lots/units $5,000 Definitive Plan shall require the following initial Project Review Fee: • Project Size Fee 2-15 lots/units $4,000 16-20 lots/units $6,000 21-25 lots/units $10,000 More than 25 lots/units $12,000 Special Permit shall require the following initial Project Review Fees: Project Size Fee Less than 10,000 square feet $2,000 10,000-30,000 square feet $3,000 30,000-50,000 square feet $4,000 More than 50,000 square feet $5,000 Depending on the complexity of issues presented,additional fees may be required 6. Proposed Lot (if applicable): NA • Lot Area (Sq.Ft.): Building Height: Street Frontage: Side Setback: Front Setback: Rear Setback: Floor Area Ratio: Lot Coverage: 7. Required Lot (as required by Zoning Bylaw); Lot Area (Sq.Ft.): GO,poo Building Height: S57 Street Frontage: I1�® Side Setback: 20 Front Setback: SO Rear Setback: 30 Floor Area Ratio: O.1554: I Lot Coverage: o 8. Existing Building (if applicable): MA Ground Floor(Sq.Ft.) #of Floors Total Sq.Ft.; Height: Use: Type of Construction: 9. Proposed Building: NPS _ m 5u^^VV%*r13 gro'cf Ground Floor(Sq.Ft.) #of Floors Total Sq.Ft.; Height: Use: Type of Construction: . 10. Has there been a previous application for a Special Permit from the Planning Board on these premises?�. If so,when and for what type of construction? 11. Petitioner and Landowner signature(s): Every application for a Special Permit shall be made on this form which is the official form of the Planning Board. 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 Planning Office 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 Planning Board Rules and Regulations may result in a dismissal by the Planning Board of this application as . co le e. Petitioner's Signature: PX er 9,,- t 4,;O� Print or type name here: rQu ASco�c.re. _ • APR-16-2002 14:42 UOICESTREAM 401 5B8 5658 P.02/05 WA W / R C E S voice Stream wireless 50 VISIOn Blvd., E. Providence, RI 02914 April 16,2003 401 M-5600 Fax; 401588-5658 Aft., Steven K.Srnkh 900 Chelmsftrd Sb+eet Lo"MIr, Ma OSS31 RE: Letter of Authorization to pMcecd with zoning for proposed wireless tactllty (Smoke Stack Installation)located at 7 high Street,N.Andover,MA (assessor's map*S4,lot#1). Dear Stege: Thank you for diaoussing the possibillty of looming VoiceStream Windses6 telecommunications equipment at the above referenced logon. We understand that the permitting and teasing process of our negotlallow will take tirr�. Therefore,I would like your parndsslon to proceed with the permitting and t portion an the assumption that our engineering with this process will be at VoleeSteant s ao�� dui. All Eosfs associated license negotiations. h Is also understood that you reserve do s Of the give outcome of our to the location of all equipment to be installed. g approval Please sign in the space provided below and fax to me at(401)Sg8.5658 at your earliest convenience. A copy of this letter shall be regarded as having the game effect as the original. Thank you for your cooperation and attentlon to this matter. Sincerely Brian Sullivan Real Estate Specialist AGREED AND ACCE : By: TIHe. / t com n . � r� P Date: 50 Vision Boulevard-East Provideme,Rl 02914 (401)588-64600 K/10 'd ti689 V9V 81.6 'ON XV2 INIOd SSONO Ib 31VA Wd 9120 43M Z02-LI-MV 13380 PINNACLE SITE DEVELOPMENT INC, ABT-A DIVISION OF � FIRST MASSACHUSETTS BANK,N.A. 41 SEQUIN DRIVE,2ND FLR GLASTONBURY,CT 06033 5/16/2002 GLASTONBURY,CT 06033 51-309-111 x a c 0 PAY TOm ORDER OF E Town of North Andover Planning Board $ **300.00 0 Three Hundred and 001100sssssssssssssssssssssssssssssss*sssssssssssss**ssssssss*sssssssssssssssssssssss*sssssss DOLLARS a Town of North Andover Planning Board 27 Charles Street d LL North Andover,MA 01845 MEMO 4SO658A Haverhill/Jenkins Road NP ----------------------- 1110 L 338011' I:0 L L L0 30 9 31: 60 20 5 4 211' PINNACLE SITE DEVELOPMENT, INC. Town of North Andover Planning Board 5/16/2002 13380 Date Type Reference Original Amt. Balance Due Discount Payment 05/14/2002 Bill 4BS0658A 300.00 300.00 300.00 Check Amount 300.00 Operating-GBT 4SO658A Haverhill/Jenkins Road 300.00 . Summary Brief in Support of Application for Special Permit Pursuant to Sections 8.3 and 8.9 of the Town of North Andover Zoning Bylaw Omnipoint Holdings, Inc. (a wholly-owned subsidiary of VoiceStream Wireless, hereafter "Applicant") respectfully submits this Summary Brief in support of its application for a Special Permit and Site Plan Review(as applicable)pursuant to Sections 8.3 and 8.9 of the Town of North Andover Zoning Bylaw, with respect to a proposed Wireless Service Facility ("WSF") consisting of the placement of three panel antennae at a height of approximately 85 feet above ground on a preexistent 90 foot WSF tower at 1 High Street, N. Andover, MA (Assessor's Map 54, Lot 1), owned by NAM Partners Limited Partnership, and commonly referred to as Schneider Electric (the "Proposed Facility"). Section 8.9: Wireless Service Facilities 3) District Regulations A) Use Regulations Response: The proposed WSF will comply with the requirements of this section. There is a significant existing gap in Applicant's existing coverage network, requiring a WSF in the proposed location to alleviate this gap and provide adequate service to the public. Pursuant to the terms of this section, the proposed WCF is an allowed use in this district. Additionally,Applicant asserts that the proposed WSF will utilize a preexistent Wireless Service Facility tower, as so defined in Town of North Andover Zoning Bylaw Section 8.9, 2, (z): Wireless Service Facility. B) Location Response: The proposed WSF will be located on a preexistent Wireless Service Facility tower structure,namely a smokestack. There is a wireless microwave dish attached to the top of the existing WSF tower, and an omni-directional (whip) antenna located on the base support building. The proposed installation has been designed to ensure that the integrity of the structure is not compromised. Further, the proposed antennae and co-axial cabling will be painted to match the existing masonry structure of the smokestack,satisfying the requirement that the facility be camouflaged to the greatest extent possible. Please see the attached letter of authorization from the owner of the existing property authorizing the proposed WSF. C) Dimensional Requirements i) Height: Pursuant to this section, "Wireless service facilities may locate • on a building that is legally non-conforming with respect to height, provided that the facilities do not project above the existing building height." The proposed WSF will not in fact project above the existing building height, fully satisfying the requirements of this section; however, Applicant believes that the existing smokestack is properly classified as a WSF tower, in that it meets the definition of a Wireless Service Facility under Section 8.9, 2 (definitions), z of the zoning ordinance. ii) NA iii) Please see above response affirming that the proposed WSF will not project above the existing building height, and that the existing building is properly classified as a preexistent WSF tower according to the Town of North Andover bylaw. iv) Applicant asserts that the proposed WSF is utilizing apreexistent WSF tower facility, and therefore meets this requirement. (1) The Zoning Bylaw proscribes a 600 foot setback for all wireless devices, antenna and their mounting structures, whether attached to a new or existing structure, as measured from the adjacent property line of properties which are either zoned for, or contain, residential and or educational uses of any types. Applicant is seeking relief from the dimensional requirements of this provision, with the supporting statement attached to and part of this application. (2) The relevant language of this requirement states: "In the event • that a preexistent structure is proposed as a mount for a wireless service facility,the setback provisions of the zoning district shall apply. In the case of the preexistent non-conforming structures, wireless service facilities and their equipment shelters shall not increase any non-conformity." As stated above (313), the proposed WSF installation will utilize a preexistent Wireless Service Facility tower which presently houses antennae, including an omni- directional antenna and a microwave dish. As shown on the accompanying site plan,the proposed WSF will not extend beyond any existing non-conformity. 4) Design Standards A) Visibility Camouflage Response: The proposed WSF will be painted to blend with the existing masonry of the preexistent Wireless Service Facility tower, and the base electronics unit are set back from the roof of the supporting building structure to limit any observable impact on the building's silhouette. i B) Lighting and Signage Response: Applicant does not propose to light the WSF, and given its location in a location that it is not accessible for the climbing by the public,no security barrier is required. C) Historic Buildings Response: Applicant respectfully asserts that the proposed WSF is not located on an historic building and is not subject to local historic review/approval. D) Scenic Landscapes and Vistas Response: As stated previously,the proposed WSF will be painted to blend wit the masonry of the existing Wireless Service Facility tower so that it creates no added visual obstruction. E) Environmental Standards Response: The proposed WSF will comply with the requirements of this section, where they are applicable to the application/installation. F) Safety Standards Response: The proposed WSF will operate in full compliance with all applicable FCC guidelines. The Applicant will provide stamped plans to the Local Building Inspector prior to commencing construction which will certify that the preexistent Wireless Service Facility tower is capable of accommodating the proposed WSF, or alternatively detailing what modifications will be required so that the construction may safely occur. 5) Application Procedures C) Applicant met with the officer of the SPGA on May 9,2002 to discuss the filing requirements of this application. D) Application Filing Requirements Response: Applicant is requesting waivers from the following specific provisions of section(ii), based on the specific nature of the proposed installation: it Waivers Requsted: Section 8.9, 5 (d) ii, 4:A map showing the other preexistent and approved wireless service facilities in North Andover and outside North Andover within one mile of its boundary. Response: Applicant is not proposing a new ground-mounted WSF,but rather using a preexistent WSF tower. Applicant therefore requests the Planning Board waive this provision. Section 8.9, 5 (d) ii, 5: GPS all equivalent system locating by latitude and longitude wireless service facilities. Response: For the reasons stated above,Applicant requests this requirement be waived. Section 8.9, 5 (d) iii, 3: Tree cover on the subject property and all properties directly abutting the subject property, by dominant species and average height. Response: Given the fact that the proposed WSF is on an existing smokestack in an established, mature industrial district,Applicant requests this requirement be waived. This requirement is typically better suited for new ground-mounted facilities,whereas the proposed WSF will has been designed to blend with an . existing structure with an already established visual impact. Section 8.9, 5 (d) iii, 8: Distances, at grade,from the proposed wireless service facility to each building on the vicinity plan. Response: Given the location of the proposed WSF on a large historically established industrial structure, Applicant respectfully requests that this requirement be waived. Section 8.9, 5 (d) iii, 12:Lines representing the sight line showing viewpoint (point from which view is taken) and visible point(point being viewed)from "Sight Lines"subsection below. Response: Applicant is not proposing a WSF on a new tower,but rather will be utilizing stealth technology to locate antennas on a preexistent industrial WSF smokestack. As such, Applicant believes the requirements of this section can be reasonably waived by the Board, in that the requirements can be reasonably interpreted to apply to new tower facilities which are creating a wholly new visual impact. Section 8.9, 5 (d) iv: Sight Lines and Photographs: Response: As stated above,Applicant respectfully requests that this be waived due to the fact that the WSF consists only of the installation of stealth antennas on a preexistent WSF smokestack(see plans). Section 8.9, S (d) v, 6: Landscape plan including preexistent trees and shrubs and those proposed to be added, identified by size of specimen at installation and species. Response: Applicant requests a waiver of this requirement. Section 8.9, 5 (d) v, 7: During the public hearing process the applicant shall schedule with the Planning Board a balloon or crane test at the proposed site, at the expense of the applicant, to illustrate the height of the proposed facility. Response: Applicant requests a waiver of this requirement in that a preexistent WSF tower is being utilized, rather than a new ground-mounted WSF tower. Section 8.9, 5 (d) vi: Noise Filing Requirements: Applicant requests a waiver from this requirement. Under the"General Notes"on page Z-2 of Applicant's site plan, detailed specifications regarding the noise • emissions levels of the proposed WSF have been provided to the Board. Section 8.3: Site Plan Review Sub-section 8.3 1, c, i/ii: The Applicant requests that the Planning Board waive the Site Plan Review requirement for this application, in that the impacts of the proposed development—namely the installation of a WSF on a preexistent WSF tower—are of such a limited nature as to warrant this request. Alternatively,Applicant formally requests Site Plan Review approval from the Planning Board pursuant to Section 8.3. As part of its submission requirements under Section 8.3, sub-section 5,Applicant request that the following requests for information be waived, as Applicant believes this information is not essential to the Board's proper and thorough review of this application. Specifically, Applicant requests waiver of the following: 1. ii) SURVEY OF LOT/PARCEL: Applicant is proposing to utilizing an existing tower on the subject parcel, and locate its base electronic equipment on the existing base structure itself, with no impact to the underlying ground. Applicant has provided a plan based on existing information on file at the Town assessor's records. 2. v) TOPOGRAPHY: Applicant is not proposing to alter the existing footprint of the industrial structure. Furthermore,the site is comprised of a relatively large, flat area. 3. vii) STORMWATER DRAINAGE: Applicant's propose use will not alter the runoff/drainage characteristics of the existing facility, in that it is locating on an already impervious surface. 4. xi) LOCATION OF WETLANDS/NOTICE OF INTENT: Applicant is not required to file a NOI for the proposed project, in that an existing WSF facility is being used, with no disturbance to the underlying ground area, and no associated impacts on wetlands. 5. xii) LOCATION OF WALLS/SIGNS: This requirement is not applicable to this application. 6. xiii)LOCATION OF ROADWAYS/DRIVES: This requirement is not applicable to this application. 7. xiv) OUTDOOR STORAGE/DISPLAY AREAS: This requirement is not applicable to this application. 8. xv) LANDSCAPING PLAN: No landscaping is being proposed as the site will be complying with the visual stealth requirements of the Bylaw. • 9. xvi) REFUSE AREAS: There will be no refuse associated with the proposed use. 10. xvii) LIGHTING FACILITIES:No lighting is proposed. 11. xviii) DRAINAGE BASIN STUDY: The proposed use will have no impact on the hydrology at the existing site. 12. xix) TRAFFIC IMPACT STUDY: The proposed use will generate an average of one vehicle trip by a field technician per month. The proposed use will have no appreciable effect on the existing traffic patterns at the site. 13. xxi) UTILITIES: The proposed use will require only electricity and telephone service, which is currently available at the WSF tower. No additional utility services will be utilized. 14. xxii) FISCAL IMPACT: The proposed use will have no impact on public services or infrastructure or property value, in that an existing WSF tower and facility is being utilized. Further, the installation is subject to taxation by local authority. j 15. xxiii) COMMUNITY IMPACT: The proposed use will have a positive impact on the community, in that increased wireless communication services will be available to both the citizens and businesses of North Andover, enhancing business and public • safety functions in the Town. The adherence to the stealth visual requirements of the f Zoning Bylaw will ensure that no negative visual impact is caused by the proposed WSF installation on the existing tower. Section 10.3: Special Permit Sub-section 10.31: Conditions for Approval of Special Permit a) The specific site is an appropriate location for such a use, structure or condition. Response: The proposed location for the WSF is an existing 90-foot WSF tower, namely a smokestack. This tower presently has a microwave dish located at its top, and an omni-directional (whip)antenna on one of the proximal base structure buildings on the subject parcel. The Town of North Andover Zoning Bylaw, Section 8.9, subsection 3: b (i) states that: If feasible, wireless service facilities shall be located on preexistent structures, including but not limited to buildings or structures,preexistent telecommunications facilities, utility poles and towers, and related facilities,provided that such installation preserves the character and integrity of those structures. The proposed Wireless Service Facility fully satisfies this requirement, and is an appropriate location for such a use. b) The use as developed will not adversely affect the neighborhood. Response: The use, which will be complying with the stealth requirements of Section 8.9 of the zoning bylaw, will not adversely affect the neighborhood. In fact, by providing enhanced wireless communication services to both the citizens and businesses of the Town,the use will have a positive impact on essential communications in the neighborhood. Further, the proposed use will be located on an existing 90-foot preexistent WSF tower, with an already established impact on the neighborhood. c) There will be no nuisance or serious hazard to vehicles or pedestrians. Response: The proposed WSF will be securely attached to the preexistent tower, and will pose no nuisance or serious hazard to vehicles or pedestrians. Given the tower's remove from vehicle and pedestrian ways, the existing location will further ensure that no nuisance or hazard will exist. it i d) Adequate and appropriate facilities will be provided for the proper operation • of the proposed use. Response: The proposed use will be utilizing a preexistent WSF tower and base support structure, and the Applicant will ensure that its equipment is properly serviced and maintained. C) The use is in harmony with the general purpose and intent of this Bylaw. Response: The proposed use is in harmony with the general purpose and intent of the Bylaw, in that it is complying with the specific requirements of Section 8.9 of the Bylaw pertaining to Wireless Service Facilities. Further, the proposed use will enhance communications services within the Town, contributing to enhanced public safety and convenience. Conclusion For the foregoing reasons, Applicant respectfully requests the Planning Board grant a favorable approval of this application for Special Permit as expressly authorized under Section 8.9 of the Town of North Andover Zoning Bylaw, and in conformance with Section 704 of the Federal Telecommunications Act of 1996 and Massachusetts General Laws, Section 40A. • Page 2 of 4 Application for a VARIANCE 01 Zoning Board of Appeals 1. Petitioner: Name, address and telephone number: �i'4, 0c Find . pfo���ev\�� 02,9 1q *The petitioner shall be entered on the legal notice and th decision as entered above. 2. Owners of Land: Name, Address and Telephone number and number of yeasand this ownership: MA AAA ryla( Years Owned Land: *--W3 PaSe, ig3 3. Location of Property: a. Street: Zoning District_ S b. Assessors: Map number5_Lot Number 1 c. Registry of Deeds: Book Number N64 , Page Number: iq?, Zoning Sections under which theP etition for the Variance is made. C� av-8 ety *Refer to the Permit Denial and Zoning By-Law Plan Review as supolied by the Building Commissioner 6. Describe the Variance request see_ LacGkec� ttinn.v�Gr rie r CP. n C' P.v,S�ona 1 u(A(tav" �ztv- &G 6DQLI ._sQc'�O' �.q , S ((_� 4 (1 *The above description shall be used for the purpose of the legal notice nd decision. A more detailed description is 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) f Lot Area Open Space Percent Lot Frontage Parking * Minimum Lot set Back* ;f 2I CSS Sq. Ft. Sq. Ft. Coverage Feet Spaces Front Side A Side B Rear A. % T_—t_c�-I,-e}, /_S i TOWN OF NORTH ANDOVER VARIANCE Ott-, ZONING BOARD OF APPEALS I FP Procedure & Requirements For an Application for a Variance Ten (10) copies of the following information must STEP 6:SCHEDULING OF HEARING AND be submitted thirty i;,30) days prior to the first public PREPARATION OF LEGAL NOTICE: hearing. Failure to submit the required information The Office of the Zoning Board of Appeals schedules within the time periods prescribed may result in a the applicant for a hearing date and prepares the legal dismissal b the Zoning Board of an application as notice for mailing to the parties in interest (abutters) and . gfor publication in the newspaper. The petitioner is incomplete. notified that the legal notice has been prepared and the The information herein is an abstract of more specific cost of the Party in Interest fee. requirements listed in the Zoning Board Rules and Regulations and is not meant to supersede them. Items that STEP 7: DELIVERY OF LEGAL NOTICE TO are underlined will be completed by the Town. NEWSPAPER/PARTY IN INTEREST FEE: 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 receives notice to the local newspaper for publication. a Permit Denial form completed by the Building Commissioner. STEP 8: PUBLIC HEARING BEFORE THE ZONING 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 j 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 petitioner,the Board shall decide on the matter by usio completed. the information it has otherwise received. A Step 3: PLAN PREPARATION: STEP 9: DECISION: Petitioner submits all of the required plan information as After the hearing, a copy of the Board's decision will be cited in item 10 page 4 of this form. sent to all parties in interest. Any appeal of the Board's decision may be made pursuant to Massachusetts STEP 4: SUBMIT APPLICATION: General Laws ch. 40A sec. 17,within twenty(20)days ` Petitioner submits one (1)original of all the required after the decision is filed with the Town Clerk. ` information and 10 xerox copies to the ZBA Secretary. The original will be stamped by the Town Clerk Step 10: RECORDING CERTIFICATE OF DECISION certifying the time and date of filing. The remaining ten PLANS. copies will remain at the office of the Zoning Board of The petitioner is responsible for recording certification of Appeals secretary. the decision and any accompanying plans at the Essex County North Registry of Deeds, Lawrence STEP 5: LIST OF PARTIES IN INTEREST: Massachusetts, and shall complete the Certification of Once the petitioner submits all of the required Recording form and forward it to the Zoning Board of information, the petitioner requests from the Assessors Appeals and the Building Department Office. Office a certified list of Parties in Interest (abutters). IMPORTANT PHONE NUMBERS: 978-688-9541 Zoning Board of Appeals Office 978-688-9501 Town Clerk's Office 978-688-9545 Building Department I I Page 3 of 4 Application for a VARIANCE 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 o� c. Proposed Lot (S): !V Lot Area Open Space Percent Lot Frontage Parking Minimum Lot set Back* �fo�OSC.G Sq. Ft. Sq. Ft. Coverage Feet Spaces Front Side A Side B Rear 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 �% 1 5o so 7. a. Existing Buildings: Wound 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. Nio �/�t/� ` _G xT b. Proposed Buildings: Ground Floor Number of Total Use of FM� IDcA- � 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 j responsible for all a se or filing and legal notification. Failure to comply with application requirements,as cited herein and in the Zoning Board Rules and Regulations may r in is sal by the Zoning Board of this a plication ��as incomplete. aianat rG z a.- Type above name (s) here r PAGE 4 OF 4 VARIANCE 9. WRITTEN DOCUMENTATION Application for a variance must be supported by a legibly written or typed memorandum setting forth in detail all facts relied upon. When requesting a variance from the requirements of MGLA ch.40A,Sec. 10 C. FEATURES TO BE INDICATED ON PLAN: 10.4 of the North Andover Zoning By-Law all dimensional requirements A. Site Orientation shall include: shall be clearly identified and factually supported and addressing 1. North point each of the following points individually is required with this 2. zoning district (s) application. 3. names of streets 4. wetlands to be shown on plan (if applicable) A. The particular use proposed for the land or structure. 5. abutters of property, within 300 foot radius B. The circumstances relating to soil conditions, shape or 6. location of buildings on adjacent properties within topography of such land or structures especially 50'from applicants proposed structure affecting the property for which the variance is sought 7. deed restrictions, easements which do not affect generally the zoning district in B. Legend&Graphic Aids: which the property is located. 1. Proposed features in solid lines&outlined in red C. Facts which make up the substantial hardship, 2. Existing features to be removed in dashed lines financial or otherwise, which results from literal 3. Graphic Scales enforcement of the applicable zoning restrictions with 4. Date of Plan respect to the land or building for which the variance 5. Title of Plan is sought. 6. Names/addresses/phone numbers of the D. Facts relied upon to support a finding that relief sought applicant, owner of record, and designer or will be desirable and without substantial detriment to surveyor. the public good. E. Facts relied upon to support a finding that relief sought 10 D. FURTHER REQUIREMENTS: may be given without nullifying or substantially Major Projects shall require that in addition to the above* derogating from the intent or purpose of the zoning features, plans must show detailed utilities, soils, and bylaw. topographic information. A set of building elevation and F. Submit RDA from Conservation Commission when interior of building plans shall be required when the Continuous Buildable Area is applied for in ZBA application involves new construction/conversion/and/or application. a proposed change in use. Elevation plans for minor projects including decks, sheds,&garages shall be 10. Plan of Land included with a side view depicted on the plot plan, Each application to the Zoning Board of Appeals shall be which includes a ground level elevation. accompanied by the following described plan. Plans must 11. APPLICATION FILING FEES be submitted with this application to the Town Clerk's Office and ZBA secretary at least thirty (30)days prior to A. Notification Fees: Applicant is to send by the public hearing before the Zoning Board of Appeals. certified-mail all legal notices to all abutters, and then supply proof of mailing to the ZBA secretary. 10 A. Major Projects Applicant is to supply stamps(appropriate Major projects are those which involve one of the following current postage)for mailing of decisions to all whether existing or proposed: a)five or more parking parties in interest as identified in MGLA ch. 40A, spaces, b)three or more dwelling units,and sec. 11 as listed on the application. ZBA Secretary c)2000 square feet or more of building area. will compute number of stamps. Minor projects that are less than the above limits shall B. Applicant is to supply one(1)set of addressed require only the plan information as indicated with an labels of abutters to ZBA Secretary who will mail asterisks (*). In some cases further information may be decisions to abutters and parties in interest. required C. Administrative fee of$50.00 per application. 10 B. Plan Specifications: a) Size of plan: Ten (10) copies of a plan not to exceed 11"x17", preferred scale of 1"=40'. A Variance once granted by the ZBA will lapse in b) Plan prepared by a Registered Professional Engineer one (1)year if not exercised and a new petition must and/or Land Surveyor,with a block for five (5)ZBA be submitted. signatures and date indicated on mylar. I 1 0 Town of North Andover Zoning Board of Appeals i Parties of Interest/Abutters ListinLw 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 opposite on any public or private street or 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, notwithstanding 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." Applicant's property, list by map,parcel,name and address(please print clearly and use black ink.) MAP PARCEL NAME ADDRESS SH NAM i'I Gd s, Lin J r..o. F-,,, !�I ABUTTERS PROPERTIES /)il��� .�.,w 4 til s+- - All" f- MAP PARCEL NAME ADDRESS • THIS INFORMATION WAS OBTAINED AT THE ASSESSORS OFFICE AND CERTIFIED BY THE ASSESSORS OFFICE BY: Teams f::O-5Gl DATE 1 O 2_ SIGNATURE PAGE OF • Town of North Andover ,,ORTN O¢tttic° bgti Office of the Building Department Community Development and Services Division 27 Charles Street • '�l °j►wn° North Andover,Massachusetts 01845 'ss,,c„us�t D. Robert Nicetta Telephone(978)688-9545 Building Commissioner Fax(978)688-9542 May 25,2002 Mr.Paul Gascoigne Real Estate Specialist VoiceStream Wireless 50 Vision Boulevard East Providence,RI 02914 RE: Building Permit Application 1 High Street(Schneider Electric) North Andover,MA Dear Mr. Gascoigne: I have reviewed the building permit application and submitted drawings as prepared by Edwards And Kelcey,Inc.,95 Cedar Street,Providence,RI 02903 for the referred site and also known as Site Number 4BS-0658-A on the drawings. The building permit is DENIED for the following reasons: • 1. The Building Permit Application is incomplete. 2. I am of the opinion that pursuant to Section 8.9—Wireless Service Facilities,Paragraph 3— District Regulations,Sub-Paragraph(v)(1),which reads in part"A minimum setback of 600 feet shall be required for all wireless devices,and their mounting structures,whether attached to a new or existing structure,as measured from the adjacent property line of properties which are either zoned for,or contain,residential and or educational uses of any types". Sheet C-1 of the submitted drawings,indicis many residential structures in the 600 feet zone. As such,I am of the opinion that the applicant must petition the North Andover Zoning Board of Appeals(ZBA)a Variance of this setback regulation This Variance,if granted,by the ZBA, must be in place prior to the application of the Planning Board Special Permit. 3. The Planning Board Special Permit has not been issued and must be in place prior to the issuance of the Building Permit. The application form for the ZBA Variance is available from the Zoning Secretary at 27 Charles Street. If you have any questions please call my office at 978-688-9545. Yours truly, D.Robert Nicetta Building Commissioner/Zoning Officer CC: Heidi Griffin,Director CD&S Clay Mitchell,Interim Town Planner. BOARD OF APPEALS 688-9541 BI UDE G 688-9545 CONSERVATION'688-9530 HEALTH 688-9540 PLANNING 688-9535 • Summary Brief in Support of Application for Variance Under Section 10.4 of the Town of North Andover Zoning Bylaw Voicestream Wireless ("Applicant") respectfully submits this Summary Brief in support of its application for a variance pursuant to Section 10.4, from the dimensional requirement of Section 8.9, 3 (c), v (1) of the Town of North Andover Zoning Bylaw, with respect to a proposed Wireless Service Facility("WSF") consisting of the placement of three panel antennae at a height of approximately 85 feet above ground on a preexistent 90 foot WSF tower at 1 High Street, N. Andover, MA (Assessor's Map 54, Lot 1), owned by NAM Partners Limited Partnership, and commonly referred to as Schneider Electric (the "Proposed Facility"). The variance request is with respect to the fact that the proposed WSF will be located within 600 feet of the adjacent property line(s)of properties which are either zoned for, or contain, residential and or educational uses of any types, which is the specific distance enumerated in the above-mentioned section of the Bylaw. The subject parcel is a large established industrial parcel with a large manufacturing facility located on site. The WSF facility includes a 90 foot smokestack situated within a large industrial campus, with an existing microwave dish located on top of the smokestack; additionally, an omnidirectional (whip) antenna is located on one of the proximal existing support buildings at the base of the smokestack. Given these attributes, the Applicant believes this structure meets the definition of a Wireless Service Facility as so defined in the • Town of North Andover Zoning Bylaw, specifically Section 8.9, (2)Z. The subject parcel (assessor's map Number 54, Parcel 1)is classified as Industrial Zone S. Pursuant to discussions and negotiations with NAM Partners Limited Parthership, Applicant has received authorization to submit this application to build a facility on the above-mentioned parcel (see supporting Letter of Authorization). The location of the proposed WSF facility on the lot was dictated by the existing use of the smokestack as a Wireless Service Facility, where Applicant proposes to locate three(3) panel antennae at the necessary height(85' AGL)to fill a significant existing gap in its wireless network coverage. Additionally, given that there are no either preexistent structures which were found satisfactory to eliminate this gap in coverage,this was determined to be the best alternative(least intrusive)proposal given the Town Bylaw's emphasis on the utilization of existing facilities, as opposed.to_new ground-mounted WSF tower facilities. Specifically,the Town of North Andover Zoning Bylaw, Section 8.9, subsection 3: b (i) states that: If feasible, wireless service facilities shall be located on preexistent structures, including but not limited to buildings or structures,preexistent telecommunications facilities, utility poles and towers, and related facilities, provided that such installation preserves the character and integrity of those structures. Therefore, given the location of the preexistent WSF tower on the subject . parcel, and the lack of any alternative existing structures suitable for Applicant to eliminate a substantial gap in its network coverage, the location of the proposed WSF is wholly appropriate and suitable, and the variance request herein is a direct result of the location and physical characteristics of the Proposed Facility on the parcel in question. In summary, Applicant's proposed WSF, based on the accompanying site plan, does not meet this 600 foot-setback requirement from adjacent property lines which are zoned for, or contain residential uses. Applicant respectfully requests that this Board grant a variance from the literal provisions of this requirement, which Applicant asserts can be done without derogating from the intent of its Bylaw. Furthermore, by granting a variance from this provision and allowing Applicant to utilize a pre-existent WSF facility, the Town of North Andover will allow Applicant to eliminate a significant gap in its existing network coverage and meet its statutory obligations under Section 704 of the Federal Telecommunications Act of 1996. Applicable Sections of the Zoninz By-laws Section 8.9, 3 (c), v (1) 600 Feet . A minimum setback of 600 feet shall be required for all wireless devices, antenna and their mounting structures, whether attached to a new or existing structure, as measured from the adjacent property line of properties which are either zoned for, or contain, residential and or educational uses of any types. Section 10.4—Variances and Appeals The Town of North Andover Zoning Bylaw states: The Zoning Board of Appeals shall have power upon appeal to grant variances from the terms of this Zoning Bylaw where the Board finds that owing to circumstances relating to soil conditions, shape, or topography of the land or structures and especially affecting such land or structures but not affecting generally the zoning district in general, a literal enforcement of the provisions of this Bylaw will involve substantial hardship, financial or otherwise, to the petitioner or applicant, and that desirable relief may be granted without substantial detriment to the public good and without nullifying or substantially derogating ftom the intent or purpose of this Bylaw. There must be special conditions relating to the soil conditions, shape, or topography of the land or structures thereon, and especially affecting the land or structures, but not affecting generally the zoning district in which the land is located. • M.G.L. Ch. 40A, section 10 similarly states: The permit granting authority shall have the power after public hearing for which notice has been given by publication and posting as provided in section eleven and by mailing to all parties in interest to grant upon appeal or upon petition with respect to particular land or structures a variance from the terms of the applicable zoning ordinance or by-law where such permit granting authority specifically finds that owing to circumstances relating to the soil, shape, or topography of such land or structures but not affecting generally the zoning district in which it is located, a literal enforcement of the provisions of the ordinance or by-law would involve substantial hardship,financial, or otherwise, to the petitioner or applicant, and 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 such ordinance or by-law. The following analysis demonstrates how the above standards are satisfied/met: 1. Special conditions relating to the soil conditions, shape, or topography of the land or structures thereon, and especially affecting the land or structures, but not affecting generally the zoning district in which the land is located. Due to the topography of the land and the location of the parcel in this part of North Andover, the property has unique Radio Frequency characteristics. The PCS system being developed by Applicant has been designed utilizing sophisticated computer-engineering models, which simultaneously evaluate area topography and population patterns. Combined with actual field data from existing on air facilities, these models are used to identify specific geographic regions to be serviced by each antenna facility in the network. As a result, a limited search area is identified by the radio frequency engineers as the necessary location to site a WSF to ensure complete coverage to all area residents and businesses. The parcel in question meets the limited search characteristics, in that there is a unique structure located thereon (a tower) which will allow Applicant to meet its obligations under the terms of its FCC license obligations and the requirements under the Federal Telecommunications Act of 1996. The existence of a 90-foot smokestack which serves as a preexistent Wireless Service Facility tower at the proposed site, results in resulting radio frequency propagation characteristics with make this site particularly well- suited for the proposed WSF. Further, there are no other existing structures from which Applicant can fill its gap in coverage. Applicant respectfully submits that the proposed location for the WCF is the only feasible location where the Proposed Facility could be located, and furthermore comply with . the Zoning Bylaw's express preference for the use of preexistent structures. If relief is not granted from the provision of the 600-foot setback, which setback ithe Applicant feels is in opposition to the requirements of the Federal Telecommunications Act of 1996, substantial hardship will result for the Applicant. 2. Substantial hardship to the Applicant, financial or otherwise, if the provisions of the ordinance or Bylaw were to be literally enforced Without the requested relief, PCS coverage in this area will be inadequate and there will be a significant gap within Applicant's network. The Federal Communications Commissions ("FCC") has issued Applicant a license to provide PCS service in Massachusetts, and it has, through this license, mandated that the Applicant's network be built out within a specific time limit, so that seamless wireless communication service may be provided to the general public at the earliest possible time. Applicant has spent millions of dollars to purchase and maintain its license for the Massachusetts area, not including significant additional funds building the communications network itself. Failure to provide the mandated coverage within the specified time limits under the license can result in financial sanctions being imposed on Applicant by the FCC, or in the most extreme scenario, a loss of the license itself. Without the requested relief, the Proposed Facility cannot be constructed, resulting in the continued existence of a significant gap in • Applicant's network, and consequently the FCC mandate not being met for this license area. All of this would result in substantial financial hardship to Applicant. In addition to the financial hardship to Applicant, additional financial hardship would be incurred by the owner of the property NAM Partners Limited Partnership, as without the facility no lease payments would be forthcoming. Additionally, without the facility, the Town of North Andover will forego a source of taxable real estate to augment its public revenues. 3. There shall be no substantial detriment to the public good The Proposed Facility will not be detrimental to the public good as the use is passive in nature, producing no smoke, odors, or waste. Once installed, traffic generated by the installation will be minimal, limited to only one or two visits per month on average by maintenance personnel. The proposed facility will consist of three panel antennae located at 85 feet on the existing 90 foot smokestack tower, connected via coaxial cables to base electronic equipment which will be screened from view by the existing structures on the site. The antennae and coaxial cabling will be painted to match the existing masonry structure of the tower, complying with the Zoning Bylaw's requirement for stealth screening, minimizing any resulting visual impact. In sum, given the careful blending of the proposed WSF with the existing smokestack,the visual • impact of this facility will be minimized to the maximum extent practicable. The facility will also contribute to the public good as the proposed WCF will provide infrastructure in the form of enhanced communications, to the residents and businesses in North Andover in both day-to-day and emergency situations (please note that the proposed WCF will provide new E-911 capabilities as mandated by the FCC). Finally, Applicant feels it is important to emphasize that the 600-foot setback requirement, if in any way related to perceived health effects from Wireless Service Facilities, is in direct contradiction to the requirements of the Federal Telecommunications Act of 1996 which specifically precludes environmental (health) effects as a basis for rendering a decision on a permit application for a WSF facility. Therefore, given that the proposed WSF will be located on a preexistent WSF tower as expressly preferred by the Zoning Bylaw, the requested variance may be granted without substantial detriment to the public good. 4. The variance must not nullify or substantially derogate from the intent of purpose of the ordinance or Bylaw. The granting of the requested relief will not substantially derogate from • the intent and purpose of the Zoning ByLaw, and in fact it is submitted that the granting of the variance being requested will actually aid in promoting the intent and purpose of the Zoning Bylaw by serving the public good. The proposed facility will be located within an established industrial district, on a preexistent 90-foot WSF smokestack tower and support structures which is specifically favored as the most preferred location for the Proposed Facility, as set forth in Section 8.9, subsection 3: b (i) of the Zoning Bylaw. In addition, the proposed WSF, which will be painted to match the existing masonry material of the tower, ensures the site will have a minimal visual impact on the citizens of North Andover while allowing the Town of North Andover to meet its obligations under the Federal Telecommunications Act of 1996 by allowing Applicant to eliminate a substantial gap in its network coverage. Conclusion For the foregoing reasons, as well as pursuant to section 704(a) of the Federal Telecommunications Act of 1996 which provides, among other things, that municipalities may not consider perceived health effects in their decisions, prohibit service, or discriminate among providers of communications service, Applicant respectfully requests that the Board of Appeals grant the dimensional variance as requested in the accompanying application and/or such other relief, if any, including additional variance I� relief deemed necessary by the Board under the current Bylaw and pending Bylaw • amendments if any, so that Applicant may construct and operate the proposed WSF facility. Applicant respectfully submits that the standards for zoning relief as set forth in the Bylaw as well as M.G.L Ch. 40A must be interpreted and applied such that the decision is issued in conformance with Section 704 of the Federal Telecommunications Act of 1996 in all respects. 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Application information: The application for a special permit for an adult use establishment must include the following information: a) Name and address of the legal owner of the establishment, and of the legal owner of the property; b) Name and address of all persons having lawful equity or security interests in the establishment; c) Name and address of the manager; d) Number of employees; e) Proposed provisions for security within and without the establishment; 0 The physical layout of the interior of the establishment. 8. Special Permit Granting Authority: The Zoning Board of Appeals shall be the Special Permit Granting Authority. 9. No adult use special permit shall be issued to any person convicted of violating the provisions of MGL Ch. 119,Sec.63,or MGL Ch.272,Sec.28. 10. An adult use special permit shall only be issued following a public hearing held within sixty-five (65) days after the filing of an application with the special permit granting authority,a copy of which shall forthwith be given to the Town Clerk by the applicant. 11. Special permits for adult uses shall be granted only upon the determination by the Special Permit Granting Authority that the location and design of the facility are in harmony with its surroundings, and that adequate safeguards exist through licensing or other means to assure on a continuing basis that activities therein will not be patently contrary to prevailing standards of adults in the community and will not involve minors in any way. 12. Any section of this by-law, or portion thereof, declared invalid shall not affect the validity or application of the remainder of the by-law. (Section 8.8 created and approved May 6, 1996 Annual Town Meeting,Article 22) Section 8.9 Wireless Service Facilities I' 131 1) Purpose a) 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 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. This bylaw is intended to be used in conjunction with other regulations adopted by the Town, and other zoning and general bylaws designed to encourage appropriate land use, environmental protection, preservation of North Andover's rural character and the provision of adequate infrastructure development in North Andover. b) The regulation of wireless service facilities is consistent with the purpose of the North Andover Zoning Bylaw and planning efforts at the local government level to further the conservation and preservation of developed, natural and undeveloped areas, wildlife, flora and habitats for endangered species; protection of the natural resources of North Andover, enhancement of open space areas and respect for North Andover's rural character. • 2) Definitions: a) Above Ground Level (AGL). A measurement of height from the natural grade of a site to the highest point of the structure. b) Above Mean Sea Level (AMSL). A uniform point from which height above sea level(or zero elevation)can be measured. c) Antenna. The surface from which wireless radio signals are sent and received by a wireless service facility. d) Camouflaged. A wireless service facility that is disguised, hidden, part of an existing or proposed structure or placed within a preexistent or proposed structure is considered to be "camouflaged." e) Carrier. A company that provides wireless services. t) Co-location. The use of a single mount on the ground by more than one carrier (vertical co-location) and/or several mounts on a preexistent building by more than one carrier. 132 • • g) Cross-polarized (or dual-polarized) antenna. A low mount that has three panels i flush mounted or attached very close to the shaft. h) Elevation. The measurement of height above mean sea level. i) Environmental Assessment(EA). An EA is the document required by the Federal Communications Commission (FCC) and the National Environmental Policy Act (NEPA)when a wireless service facility is placed in certain designated areas. j) Equipment Shelter. An enclosed, structure, cabinet, shed or box at the base of the mount within which are housed batteries and electrical equipment. k) Functionally Equivalent Services. Cellular, Personal Communication Services (PCS),Enhanced Specialized Mobile Radio,Specialized Mobile Radio and Paging. 1) GPS. Ground Positing System by satellite location of antennas. m) Guyed Tower. A lattice tower that is tied to the ground or other surface by diagonal cables. n) Lattice Tower. A type of mount that is self-supporting with multiple legs and cross bracing of structural steel. • o) Licensed Carrier. A Company authorized by the FCC to construct and operate a commercial mobile radio service system. p) Monopole. The type of mount that is self-supporting with a single shaft of wood steel or concrete and a platform(or racks)for panel antennas arrayed at the top. q) Mount. The structure or surface upon which antennas are mounted, including the following four types of mounts: (1) Roof Mounted: Mounted on the roof of a building. (2) Side-mounted: Mounted on the side of a building (3) Ground-mounted: Mounted on the ground. (4) Structure-mounted: Mounted on a structure other than a building. r) Omnidirectional(whip) antenna. A thin rod that beams and receives a signal in all directions. s) Panel Antenna.A flat surface antenna usually developed in multiples. t) PCS. Communications Services.These are broadband radiowave systems that operate at a radio frequency in the 1850 - 1900 megahertz range. 133 i u) Radiofrequency (RF) Engineer.An engineer specializing in electric or microwave engineering, especially the study of radio frequencies. v) Radiofrequency Radiation (RFR). The emissions from wireless service facilities as defined in the FCC Guidelines for Evaluating the Environmental Effects of Radiofrequency Radiation(FCC Guidelines) or any other applicable FCC guidelines and regulations. w) Security Barrier. A locked impenetrable wail,fence or berm that completely seals an area from unauthorized entry or trespass. x) Separation.The distances between one array of antennas and another array. y) Utility.A system of wires or conductors and supporting structures that functions in the transmission of electrical energy or communication services(both audio and video)between generating stations, sub-stations,and transmission lines or other utility services. 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. 3) District Regulations a) Use Regulations: A wireless service facility shall require a building permit in all cases and may be permitted as follows: i) The carrier must demonstrate that the facility is necessary in order to provide adequate service to the public. ii) A wireless service facility may locate as of right on any existing guyed tower, lattice tower, monopole or electric utility transmission tower for which a special permit issued under this Section 8.9 is in effect,provided that the new facility 134 shall first obtain site plan review approval from the Planning Board and, provided further that any new facility shall not exceed the terms and conditions of the special permit in effect for the existing facility on which it is to be located. iii) No wireless service facility shall be located in the Town except upon issuance of a special permit in accordance with Section 10.3 of this Bylaw. Such a facility may be located in any zoning district in the Town, provided that the proposed facility satisfies all of the requirements set forth in this Bylaw. b) Location: Applicants seeking approval for wireless service facilities shall comply with the following: i) If feasible, wireless service facilities shall be located on preexistent structures, including but not limited to buildings or structures, preexistent telecommunications facilities, utility poles and towers, and related facilities, provided that such installation preserves the character and integrity of those structures. In particular, applicants are urged to consider use of preexistent telephone and electric utility structures as sites for one or more wireless service facilities. The applicant shall have the burden of proving that there are no feasible preexistent structures upon which to locate. ii) If the applicant demonstrates to the satisfaction of the SPGA (Special Permit • Granting Authority) that it is not feasible to locate on a preexistent structure, wireless service iii) facilities shall be camouflaged to the greatest extent possible, including but not limited to: use of compatible building materials and colors, screening, landscaping, with natural and/or artificial plantings (as indicated through site plan review),and placement within trees. iii) The applicant shall submit documentation of the legal right to install and use the proposed facility mount at the time of application for a building permit and/or Special Permit. c) Dimensional Requirements: Wireless service facilities shall comply with the following requirements: i) Height, General Regardless of the type of mount, wireless service facilities shall be no higher than ten feet above the average height of buildings within 300 feet of the proposed facility. In addition,the height of a wireless service facility shall not exceed by more than 10 feet the height limitations of the zoning district in which the facility is proposed to be located, unless the facility is 135 I icompletely camouflaged such as within a flagpole, steeple, chimney, or similar structure. Wireless service facilities may locate on a building that is legally non- conforming with respect to height, provided that the facilities do not project above the existing building height. ii) Height, Ground-Mounted Facilities Ground-mounted wireless service facilities shall not project higher than ten feet above the average building height or, if there are no buildings within 300 feet, these facilities shall not project higher than ten feet above the average tree canopy height, measured from ground level (AGL). If there are no buildings within 300 feet of the proposed site of the facility, all ground-mounted wireless service facilities shall be surrounded by dense tree growth to screen views of the facility in all directions. These trees may be existing on the subject property or planted on site. iii) Height, Side-and Roof-Mounted Facilities Side-and roof-mounted wireless service facilities shall not project more than ten(10) feet above the height of an existing building or structure nor project more than ten (10) feet above the height limit of the zoning district within which the facility is located. Wireless service facilities may locate on a building that is legally non-conforming with the respect to height, provided that the facilities do not project above the existing building height. iv) Height, Preexistent Structures (Utility)New antennas located on any of the following structures existing on the effective date of this bylaw shall be exempt from the height restrictions of this bylaw provided that there is no increase in height of the existing structure as a result of the installation of a wireless service facility: Water towers, guyed towers, lattice towers, fire towers and monopoles. v) Setbacks All wireless service facilities and their equipment shelters shall comply with the building setback provisions of the zoning district in which the facility is located. In addition,the following setbacks shall be observed. (1) In order to ensure public safety, the minimum distance from the base of any ground-mounted wireless service facility to any property line, shall be 2x the height of -the facility/mount, including any antennas or other appurtenances. This set back is considered the "fall zone". A minimum setback of 600 feet shall be required for all wireless devices, antenna and their mounting structures, whether attached to a new or existing structure, as measured from the adjacent property line of properties which are either zoned for,or contain,residential and or educational uses of any types. (2) In the event that a preexistent structure is proposed as a mount for a 136 • wireless service facility, the setback provisions of the zoning district shall apply. In the case of the preexistent non-conforming structures, wireless service facilities and their equipment shelters shall not increase any non- conformity. 4) Design Standards a) Visibility/Camouflage Wireless service facilities shall be camouflaged as follows i) Camouflage by Existing Buildings or Structures (1) When a wireless service facility extends above the roof height of a building on which it is mounted, every effort shall be made to conceal the facility within or behind preexistent architectural features to limit its visibility from public ways. Facilities mounted on a roof shall be stepped back from the front facade in order to limit their impact on the building's silhouette. (2) Wireless service facilities which are side-mounted shall blend with the preexistent building's architecture and, if over 5 square feet, shall be shielded with material which is consistent with the design features and materials of the building. ii) Camouflage by Vegetation. If wireless service facilities are not camouflaged from public viewing areas by existing buildings or structures, they shall be surrounded by buffers of dense tree growth and understory vegetation in all directions to create an effective year-round visual buffer. Ground-mounted wireless service facilities shall provide year-round vertical evergreen vegetated buffer of 50 feet, or 75% of the overall height of the structure, in all directions. Trees and vegetation may be existing on the subject property or installed as part of the proposed facility or a combination of both. Vegetation should be natural in appearance and consistent with surroundings. iii) Color (1) Wireless service facilities,which are side-mounted on buildings, shall be painted or constructed of materials to match the color of the building material directly behind them. (2) To the extent that any wireless service facilities extend above the height of the vegetation immediately surrounding it,they must be painted in a light gray or light blue hue which blends with sky and clouds 137 i • iv) Equipment Shelters Equipment shelters for wireless service facilities shall be designed consistent with one of the following design standards: (1) Equipment shelters must be located in underground vaults;or (2) designed consistent with traditional materials,color and design of the area, or (3) camouflaged behind an effective year-round landscape buffer, equal to the height of the proposed building,and/or wooden fence acceptable to the permitting authority b) Lighting and signage i) Wireless service facilities shall be lit only if required by the Federal Aviation Administration(FAA). Lighting of equipment structures and any other facilities on site shall be shielded from abutting properties. There shall be total cutoff of all light at the property lines of the parcel to be developed,and foot-candle measurements at the property line shall be 0.0 initial foot-candles when measured at grade. ii) Signs shall be limited to those needed to identify the property and the owner • and warn of any danger. No tower or other facility shall contain any signs or other devices for the purpose of advertisement. All signs shall comply with the requirements of Section 6; Signs and Outdoor Lighting Regulations of this bylaw. iii) All ground mounted wireless, service facilities shall be surrounded by a security barrier and shall be protected against unauthorized climbing or other access by the public. c) Historic Buildings i) Any wireless service facilities located on or within a historic structure shall not alter the character-defining features,distinctive construction methods,or original historic materials of the building. ii) Any alteration made to a historic structure to accommodate a wireless service facility shall be fully reversible. iii) Wireless service facilities within an historic district shall be concealed within or behind existing architectural features, or shall be located so that they are not 138 i visible from public roads and viewing areas within the district. iv) The Historic District Commission must review all appropriate facilities. d) Scenic Landscapes and Vistas i) No facility shall be located within 300 feet of a Scenic Road. If the facility is located farther than 300 feet from the scenic road,the height regulations described elsewhere in this Bylaw shall apply. ii) Wireless service facilities shall not be located within open areas that are visible from public roads,recreational areas or residential development. As required in the Camouflage section above,all ground mounted wireless service facilities that are not camouflaged by existing buildings or structures shall be surrounded by a buffer of dense tree growth. e) Environmental Standards i) Wireless services facilities shall not be located in wetland resource areas. Locating of wireless facilities in wetland buffer areas shall he avoided whenever possible and disturbance to wetland buffer areas shall be minimized. All Conservation Commission regulations and procedures must be followed. ii) No hazardous waste shall be discharged on the site of any personal wireless service facility.If any hazardous materials are to be used on site,there shall be provisions for full containment of such materials. An enclosed containment area shall be provided with a sealed floor,designed to contain at least 110%of the volume of the hazardous materials stored or used on site. Applicant must comply with all federal, state and local regulations governing hazardous materials. Ili) Storm water run-off as a result of the wireless facility shall be contained on-site and comply with the DEP Storm Water Management regulations as applicable. iv) Ground-mounted equipment for wireless service facilities shall not generate acoustic noise in excess of 50 dB at the security barrier. v) Roof-mounted or side-mounted equipment for wireless service facilities shall not generate noise in excess of 50 dB at ground level at the base of the building closest to the antenna. f) Safety Standards 139 i i) Radiofrequency Radiation (RFR) Standards. All equipment proposed for a wireless service facility shall be authorized per the FCC Guidelines for Evaluating the Environmental Effects of Radiofrequency Radiation (FCC Guidelines) or any other applicable FCC guidelines and regulations. ii) Structural Integrity. The applicant shall provide certification by a structural engineer that the wireless service facility is structurally sound for the proposed facility. 5) Application Procedures a) Special Permit Granting Authority (SPCA). The Special Permit Granting Authority(SPGA)for wireless service facilities shall be the Planning Board. b) Pre-Application Conference. Prior to the submission of an application for a Special Permit under this regulation, the applicant is strongly encouraged to meet with the SPGA at a public meeting to discuss the proposed wireless service facility in general terms and to clarify the filing requirements. c) Pre-Application Conference Filing Requirements. The purpose of the conference is to inform the SPGA as to the preliminary nature of the proposed wireless service facility. As such, no formal filings are required for the pre- application conference. However, the applicant is encouraged to prepare sufficient preliminary architectural and/or engineering drawings to inform the SPGA of the location of the proposed facility,as well as its scale and overall design. d) Application Filing Requirements. The following shall be included with an application for a Special Permit for all wireless service facilities: i) General Filing Requirements (1) Name, address and telephone number of applicant and any co-applicants as well as any agents for the applicant or co-applicants. A 24-hour emergency telephone contact number shall be included for use during construction as well as operation of the wireless communication facility. (2) Co-applicants may include the landowner of the subject property, licensed carriers and tenants for the wireless service facility (3) Every application for a wireless service facility Special Permit shall include at least one licensed carrier and the owner of the land as an applicant or a co-applicant. 140 a (4) Original signatures are required for the applicant and all co-applicants applying for the Special Permit. If an agent represents the applicant or co- applicant, an original signature authorizing the agent to represent the applicant and/or co-applicant is required. Photo reproductions of signatures will not be accepted. All other filing requirements in the Zoning Bylaw and the Rules and Regulations as applicable must be complied with. ii) Location Filing Requirements (1) Identify the subject property by including the name of the nearest road or roads, street address,and Assessors Map and Parcel number of subject property (2) Identify the Zoning District designation for the subject parcel. Submit a copy of Town zoning map with parcel identified. (3) A locus map at a scale of 1"= 1500' showing the subject property and all properties within 300 feet and the location of all buildings,including accessory structures,on all properties shown. (4) A map showing the other preexistent and approved wireless service • facilities in North Andover and outside North Andover within one mile of its boundary. (5) GPS all equivalent system locating by latitude and longitude wireless service facilities iii)Siting Filing Requirements. A one-inch-equals-40 feet plan prepared by a Registered Professional Engineer in the Commonwealth of Massachusetts showing the following: (1) Property lines for the subject property. (2) Property lines of all properties within 300 feet of the proposed location. (3) Tree cover on the subject property and all properties directly abutting the subject property,by dominant species and average height. (4) Outline of all existing buildings, including purpose (e.g. residential buildings, garages, accessory structures, etc.)on subject property and all properties adjacent to the subject property. 141 (5) Proposed location of antenna, mount and equipment shelter(s). (6) Proposed security barrier, indicating type and extent as well as point of controlled entry. (7) Location of all roads,public and private, on the subject property and on all adjacent properties within 300 feet including driveways proposed to serve the wireless service facility. (8) Distances, at grade, from the proposed wireless service facility to each building on the vicinity plan. (9) Contours at each 2 feet AMSL for the subject property and adjacent properties within 300 feet. (10) All proposed changes to the preexistent property, including grading, vegetation removal and temporary or permanent roads and driveways. (11) Representations, dimensioned and to scale,of the proposed mount, antennas, equipment shelters,cable runs,parking areas and any other construction or development attendant to the wireless service facility. (12)Lines representing the sight line showing viewpoint(point from which view is taken) and visible point(point being viewed)from'Sight Lines" subsection below. (13)Location of all wetlands on the subject property and within 100' of the proposed facility as approved by the Conservation Commission. iv) Sight lines and photographs as described below: (1) Sight line representation. A sight line representation shall be drawn from any public road within 300 feet and the closest facade of each residential building (viewpoint) within 300 feet to the highest point (visible point) of the wireless service facility. Each sight line shall be depicted in profile, drawn at one-inch equals 40 feet scale. The profiles shall show all intervening trees and buildings. In the event there is only one (or more) residential building within 300 feet there shall be at least two sight lines from the closest habitable structures or public roads, if any. (2) Preexistent (before condition) photographs. Each sight line shall be illustrated by one four-inch by six-inch color photograph of what can currently be seen from any public road and any residential building within 142 300 feet. (3) Proposed (after condition) photographs. Each of the preexistent condition photographs shall have the proposed wireless service facility superimposed on it to show what will be seen from public roads and residential buildings if the proposed wireless service facility is built. (4) Siting elevations or views at-grade from the north, south, east and west for a 50-foot radius around the proposed wireless service facility plus from all preexistent public and private roads that serve the subject property_ Elevations shall be at either one-quarter inch equals one foot or one-eight inch equals one foot scale and show the following: (a) Antennas, mounts and equipment shelter(s), with total elevation dimensions and average ground level (AGL) of the highest point. All future proposed antennas,mounts and equipment shelters if any must be shown in order to be included in the Special Permit. (b) Security barrier. If the security barrier will block views of the wireless service facility, the barrier drawing shall be cut away to show the view behind the barrier. (c) Any and all structures on the subject property. (d) Preexistent trees and shrubs at current height and proposed trees and shrubs at proposed height at time of installation, with approximate elevations dimensioned. (e) Grade changes, or cuts and fills, to be shown as original grade and new grade line,with two-foot contours AMSL. v) Design Filing Requirements (1) Equipment brochures for the proposed wireless service facility such as manufacturer's specifications or trade journal reprints shall be provided for the antennas, mounts, equipment shelters, cables as well as cable runs, and security barrier, if any. (2) Materials of the proposed wireless service facility specified by generic type and specific treatment (e.g. anodized aluminum stained wood, painted 143 • fiberglass, alloys, etc. . These shall be provided for the antennas, mounts, I g ) • Y equipment shelters,cables as well as cable runs,and security barrier,if any. (3) Colors of the proposed wireless service facility represented by a color board showing actual colors proposed. Colors shall be provided for the antenna mounts, equipment shelters, cables as well as cable runs, and security barrier, if any. (4) Dimensions of the wireless service facility specified for all three directions: height, width and breadth. These shall be provided for the antennas, mounts,equipment shelters and security barrier, if any. (5) Appearance shown by at least two photographic superimposition's of the wireless service facility within the subject property. The photographic superimposition's shall be provided for the antennas, mounts, equipment shelters, cables as well as cable runs, and security barrier, if any, for the total height, width and breadth. (6) Landscape plan including preexistent trees and shrubs and those proposed to be added,identified by size of specimen at installation and species. (7) During the public hearing process the applicant shall schedule with the • Planning Board a balloon or crane test at the proposed site, at the expense of the applicant,to illustrate the height of the proposed facility. (8) If lighting on the site is required by the FAA, the applicant shall submit a manufacturers computer generated point-to-point printout, indicating the horizontal foot-candle levels at grade, within the property to be developed and twenty-five (25) feet beyond property lines. The printout shall indicate the locations and types of luminaries proposed. vi)Noise Filing Requirements (1) The applicant shall provide a statement listing the preexistent and maximum future projected measurements of noise from the proposed wireless service facilities, measured in decibels Ldn (common logarithmic scale, accounting for greater sensitivity at night), for the following: (a) Preexistent or ambient: the measures of preexistent noise (b) Preexistent plus proposed wireless service facilities: maximum estimate of noise from the proposed wireless service facility plus the preexistent noise environment. 144 (c) Such statement shall be certified and signed by an acoustical engineer, stating that noise measurements are accurate and meet the requirements of DEP and Section 8.9(4)(e). vii)Radiofrequency Radiation (RFR) Filing Requirements (1) All telecommunications facilities shall be operated only at Federal Communications Commission (FCC) designated frequencies, power levels and standards, including FCC Radio Frequency Emissions standards. The applicant shall provide certification demonstrating that the maximum allowable frequencies; power levels will not be exceeded. Certifications shall include technical specifications, a written explanation of those specifications, and, if necessary, field verification. The Permit Granting Authority may condition any Special Permit granted under this section upon a periodic submittal of certification of compliance with said standards. (2) In order to determine compliance with applicable FCC regulations, the applicant shall provide a statement listing the preexistent and maximum future projected measurements of RFR from the proposed wireless service facility, including all co-locators, for the following situations: (a) Preexistent or ambient:the measurement of preexistent RFR. (b) Preexistent plus proposed wireless service facilities: maximum estimate of RFR from the proposed wireless service facility plus the preexistent RFR environment. (c) Certification, signed by a engineer, stating that RFR measurements are accurate and meet FCC Guidelines as specified in the Radiofrequency Radiation Standards sub-section of this Bylaw. (3) Applicant must submit a copy of the letter from the Massachusetts Department of Public Health approving the site for this facility as required by 105 CMR 122.000 requires that the Department of Public Health approve all sites for wireless facilities with respect to emissions. viii) Federal Environmental Filing Requirements (1) At the time of application filing, an Environmental Assessment (EA)that meets FCC requirements shall be submitted to the Town for each wireless service facility site that requires such an EA to be submitted to the FCC 145 I (2) The applicant shall list location, type and amount (including radiation trace elements) of any materials proposed for use within the wireless service facility that are considered hazardous by the federal, state or local government. ix) Waiver. The SPGA 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. 6) Co-location a) Licensed carriers shall share wireless service facilities and sites where feasible and appropriate, thereby reducing the number of wireless service facilities that are stand-alone facilities. All applicants for a Special Permit for a wireless service facility shall demonstrate a good faith effort to co-locate with other carriers. Such good faith effort includes: i) A survey of all preexistent structures that may be feasible sites for co-locating wireless service facilities; ii) Contact, with all other licensed carriers for commercial mobile radio services operating in the Commonwealth of Massachusetts;and iii) Sharing information necessary to determine if co-location is feasible under the design configuration most accommodating to co-location. b) An Applicant shall demonstrate to the Planning Board that it has made a good faith effort to co-locate its facility upon an existing facility. The Town may retain a technical expert in the field of RF engineering and/or a structural engineer to verify if co-location at the site is not feasible or is feasible given the design configuration most accommodating to co-location. The cost for such a technical expert will be at the expense of the applicant. The Town may deny a Special Permit to an applicant who has not demonstrated a good faith effort to provide for co-location, c) If the applicant does intend to co-locate or to permit co-location, the Town shall request drawings and studies that show the final appearance and operation of the wireless service facility at full build-out. d) If the SPGA approves co-location for a wireless service facility site, the Special Permit shall indicate how many facilities of what type shall be permitted on that site. Pursuant to Section 8.9(3) Regulations facilities specified in the Special Permit approval shall require no further zoning approval. However, the addition of any facilities not specified in the approved Special Permit shall require a new Special 146 Permit. This allows a carrier to "pre-permit' a site for additional facilities so that they will not have to apply for another Special Permit later. e) In order to determine compliance with all applicable FCC Regulations, estimates of RFR emissions will be required for all facilities, including proposed and future facilities both for the applicant and all co-locators. 7) Modifications a) A modification of a wireless service facility may be considered equivalent to an application for a new wireless service facility and will require a Special Permit when the following events apply: i) The applicant and/or co-applicant want to add any equipment or additional height not specified in the original design filing. ii) The applicant and/or co-applicant want to alter the terms of the Special Permit by changing the wireless service facility in one or more of the following ways: (1) Change in the number of facilities permitted on the site; (2) Change in technology used for the wireless service facility. 8) Monitoring and Maintenance a) After the facility is in operation, the applicant shall submit to the SPGA, within 90 days of beginning operations and at annual intervals from the date of issuance of the Special Permit, preexistent and current RFR measurements. Such measurements shall be signed and certified by an RF engineer, stating that RER measurements are accurate and are in compliance or why the measurements fail to comply with all applicable FCC Guidelines as specified in Section 8.9(4)(c)(1) RFR Filing Requirements of this Bylaw. The measurements shall be submitted for both the applicant and all co-locators. b) After the wireless service facility is in operation the applicant shall submit to the SPGA; within 90 days of the issuance of the Special Permit, and at annual intervals from the date of issuance of the Special Permit, preexistent and current measurements of acoustic noise from the wireless service facility. Such measurements shall be certified and signed by an acoustical engineer, stating that noise measurements are accurate and meet the Noise Standards sub-section 6.13.14.5 of this Bylaw c) The applicant and co-applicant or their successor in interest shall maintain the wireless service facility in good condition. Such maintenance shall include, but 147 shall not be limited to, painting, structural integrity of the mount and security barrier and maintenance of the buffer and landscaping. d) Failure to obtain the information required in this subsection 8.9(8) of the Bylaw shall result in a fine of not more than $300 dollars for each offense. Each day that such violation continues shall constitute a separate,offense. 9) Abandonment or Discontinuation of Use a) At such time that a licensed carrier plans to abandon or discontinue operation of a wireless service facility, such carrier will notify the Town by certified US mail of the proposed date of abandonment or discontinuation of operations. Such notice shall be given no less than 30 days prior to abandonment or discontinuation of operations. In the event that a licensed carrier fails to give such notice, the wireless service facility shall be considered abandoned upon discontinuation of operations. b) Upon abandonment or discontinuation of use, the carrier shall physically remove the wireless service facility within 90 days from the date of abandonment or discontinuation of use. "Physically remove"shall include,but not be limited to: i) Removal of antennas, mount, equipment shelters and security barriers from the subject property. ii) Proper disposal of the waste materials from the site in accordance with local and state solid waste disposal regulations. iii) Restoring the location of the wireless service facility.to its natural condition, except that any landscaping and grading shall remain the after-condition. c) As a condition of any special permit for the placement,construction or modification of a wireless service facility, a carrier shall place into escrow a sum of money to cover the costs of removing the facility from the subject property. Said amount shall be certified by an engineer, architect or other qualified professional registered to practice in the Commonwealth of Massachusetts. Said funds shall be held by an independent escrow agent to be appointed by the carrier and the SPGR. The carrier shall authorize and, as necessary, shall obtain the authorization of the owner of the property to allow the escrow agent to enter upon the subject property to remove the facility when the facility has been abandoned or discontinued. In the event the posted amount does not cover the cost of demolition and/or removal the Town may place a lien upon the property covering the difference in cost. d) A facility shall be deemed to be abandoned or discontinued if it has not been used for the purpose for which it was originally constructed for a period of six (6) months or more. Once abandonment or discontinuance has occurred, the carrier shall remove the facility from the subject property within ninety days. In the event 148 that the carrier fails to remove the facility, the town shall give notice to the carrier arid the independent escrow agent that the facility shall be removed by the escrow agent forthwith and the escrow agent, after affording written notice seven days in advance to the carrier, shall remove the facility. e) Failure to follow the provisions of this subsection 8.9(9) shall result in a fine of not more than $300 dollars for each offense. Each day that such violation continues shall constitute a separate offense. 10)Reconstruction or Replacement of Existing Towers and Monopoles a) Guyed towers, lattice towers, utility towers and monopoles in existence at the time of adoption of Section 8.9 this Bylaw may be reconstructed, altered, extended or replaced on the same site by Special Permit, provided that the SPGA finds that such reconstruction, alteration, extension or replacement will not be substantially more detrimental to the neighborhood and/or the Town than the preexistent non- conforming structure. In making such a determination, the SPGA shall consider whether the proposed reconstruction, alteration, extension or replacement will create public benefits such as opportunities for co-location, improvements in public safety,and/or reduction in visual and environmental impacts. 11)Performance Guarantees a) Insurance in a reasonable amount determined and approved by the SPGA after consultation at the expense of the applicant with one(1) or more insurance companies shall be in force to cover damage from the structure,damage from transmissions and other site liabilities.Annual proof of said insurance must be filed with the SPGA. b) Funds, sufficient in the opinion of the SPGA to cover annual maintenance of the facility,shall be placed into escrow and shall be held by the independent escrow agent who shall be authorized to expend the funds for the maintenance of the facility on terms to be agreed upon by the carrier and the SPGA as a condition of approval of the special permit. c) Annual certification demonstrating continuing compliance with the standards of the Federal Communications Commission, Federal Aviation Administration and the American National Standards Institute shall be filed with the SPGA by the Special Permit holder. 12)Term of Special Permit. a) A Special Permit issued for any wireless service facility shall be valid for 149 three (3) years. The special permit may be renewed under the same criteria as the original special permit,provided that the application for renewal of the special permit is made prior to the expiration date of the original or any renewed special permit. Additional measures governing the administration of the special permit are found in Section 10.3 of this Zoning Bylaw (1998/36). Section 8.10 Lot/Slope Requirements 1. Lot/Slope Requirements: In the residential zoning districts the following provisions of this Section 8.10 shall apply: a. Purpose: The purpose of this bylaw is to preserve and enhance the landscape by encouraging the maximum retention of natural topographic features, such as drainage swales, streams,slopes, ridge lines,rock outcroppings,vistas,natural plant formations and trees;to minimize water runoff and soil-erosion problems incurred in grading of steep slopes;to encourage innovative architectural,landscaping,circulation and site design. For the purposes of this subsection,the term"natural" shall be defined as the condition of the ground surface as it exists at the time a subdivision or development is proposed including any man-made alterations such as grading, excavation or filling which may have occurred prior to the time such subdivision or development is submitted. No land intended for subdivision or development may be regraded or filled m such manner as to circumvent this bylaw b. Provisions: The provisions of this Subsection 8.10 shall not apply to building lots in a definitive subdivision plan submitted in accordance with M.G.L. Chapter 41 in order to obtain the protections afforded by M.G.L. Chapter 40A, Section 6. C. Defining the Slope: The slope of land at any point,stated as a percentage,shall be defined as the change in elevation over a horizontal distance measured perpendicular to the contours divided by the distance over which the change occurs multiplied by 100. The slope of land at any point, may be stated as a ratio(2:1, 3:1,4:1,etc.). The first number of the ration indicates the horizontal distance and the second number indicates the vertical rise. d. Undisturbed Slopes: All natural slopes exceeding 33%(3:1)over a horizontal distance of 30 feet as measured perpendicular to the contour on a tract or parcel of land intended or proposed for subdivision or on a building lot are protected and shall remain undisturbed. 150 II 14. One (1) handicapped parking space shall be provided for every twenty (20) parking spaces provided on site. The handicapped space shall be 12'x 20'and be indicated by a ground mounted sign and pavement markings. 8.2 Automobile Service Stations and Other Automobile Services Automobile service and filling stations,automobile repair shops,body shops and painting shops, tire stores, radiator shops or any of their appurtenances or accessory uses shall not be erected, placed or located within fifty(50)feet of any residence district or residence structure. In addition, the use or structure shall conform to the following requirements (in addition to district requirements): 1. The minimum frontage on a street shall be one hundred and fifty(150)feet. 2. The maximum width of driveways and curb cuts measured at the street lot line or lines shall be thirty(30)or barriers may be interrupted by normal entrances or exits and shall not be required with ten(10)feet of a street lot line. 8.3 SitePlan Review 1. Purpose a) The purpose of this section is to protect the health, safety, convenience and general welfare of the inhabitants of the Town by providing for a review of plans for uses and structures which may have significant impacts, both within the site and in relation to adjacent properties and streets; on pedestrian and vehicular traffic.This review considers the impact on public services and infrastructure; environmental,unique and historic resources; abutting properties; and community character and ambiance. b) This section of the Zoning Bylaw is adopted pursuant to Chapter 40A, Section 9. All Site Plan Review applications submitted under the provisions of this section shall be reviewed by the Planning Board as a Special Permit. c) Sites and developments to which this section applies shall comply with the regulations of this section as well as those other applicable Town Bylaws,or the requirements of the Commonwealth of Massachusetts,prior to any construction being undertaken in the Town of North Andover. 103 IIII 2. Developments Which Require Site Plan Review a) Site Plan is required when: i) Any new building(s) or construction which contains more than two thousand(2,000)square feet of gross floor area which is undertaken on land within the Town of North Andover or results in the requirement of five(5)or more new or additional parking spaces; ii) Any construction which results in the addition of more than two thousand(2,000)square feet of gross floor area to an existing structure; or results in the requirement of five (5) or more new or additional parking spaces; in) Any construction,site improvements,new uses in existing structures or developments which contain new processes not normally associated with the existing use and which result in changes in the potential nuisance to adjacent property; traffic circulation; storm water drainage onto or off of the site;and/or the application of the parking standards of Section 8.1 indicate the need for five (5) or more new or additional parking spaces. iv) The construction of any new wireless service facility on a previously permitted facility as set fourth in Section 8.9(3)(a)(ii) Wireless Service Facilities Use Regulations(1998/38). b) The following development(s)are exempt from Site Plan Review: i) Single family dwelling(s)and two family dwelling(s); ii) Small structures or additions which do not exceed two thousand(2,000)square feet of gross floor area and do not require five(5)or more parking spaces. iii) Routine repairs and maintenance that do not exceed the provisions of Section 8.31 C) Waiver of Site Plan Review i) When i►the opinion or reconstruction ofon of the Planning Board,the e an existing structure or new use or change in use will not have a significant impact both within the site and in relation to adjacent properties and 104 streets; on pedestrian and vehicular traffic; public services and infrastructure; environmental, unique and historic resources; abutting properties; and community needs,the Planning Board may determine,without a public hearing, that submission of a site plan review application is not required. ii) The applicant must request a waiver from Site Plan Review in writing and may be required to submit supporting documentation that Site Plan Review is not required. The waiver request will be discussed at a regular session of the Planning Board. 3. Site Alteration-Violation of the Bylaw b) No building permit, site clearing, filling, grading, material deliveries or construction shall be initiated on any site which this section applies until Site Plan approval as required by this section is obtained. C) Nothing herein shall be construed,however,to prohibit such clearing or altering as may be necessary for purposes of conducting pre-development studies,such as geotechnical tests, soil borings, wetlands determination,percolation tests for septic systems as required by the Board of Health, or other similar test as required in order to fulfill a requirement of any Town Bylaw or regulations of the Commonwealth 4. Procedures a) The site plan approved by the Planning Board becomes the official development plan for a site within the Town of North Andover. Town permits are issued or withheld based upon compliance with the approved site plan. The approved site plan is legally binding and can only be changed or adjusted in compliance with the provisions contained in Subsection VIII Revisions to Approved Site Plans. b) Any proposed development meeting any of the criteria set forth in Subsection II Developments which require Site Plan Review,shall be subject to Site Plan Review and submit a Special Permit application to the Planning Board. c) An applicant for site plan review shall file an application form, fee, eight copies of the site plan, and any additional information as may be required(See Subsection V Information Required), with the Planning Department. Once the applicant is deemed complete, the Planning Department will forward the application to the Town Clerk. An application will not be deemed complete until all required information and fees are submitted. The time periods set forth in this Zoning Bylaw and M.G.L. Ch.40A will not start until the application has been deemed complete and submitted to the Town Clerk. 105 d) The Planning Board shall have the authority to require that the applicant pay for necessary professional services required to adequately review and analyze the contents of any site plan or impact study requested by the Board. 5. Information Required a) Special Permit Application Form, along with any fees as may be set by the Town Bylaw; b) Drawings prepared at a scale of one inch equals forty feet(1"=40')or larger,or at a scale as approved in advance by the Town Planner. c) All site plans shall be prepared by a certified architect, landscape architect, and/or a civil engineer registered in the Commonwealth of Massachusetts. All landscape plans shall be prepared by a certified landscape architect registered in the Commonwealth of Massachusetts. All building elevations shall be prepared by a certified architect registered in the Commonwealth of Massachusetts. All plans shall be signed and stamped, d) The times for submission of the site plans for review by the Planning Board are specified in Section 10.3 of the Zoning Bylaws(Special Permit Regulations) e) The following information must be submitted along with the application: i) NORTH ARROW/LOCATION MAP: A north arrow and a location map showing surrounding roadways and land uses adjacent to the site (I"=1500). Location Map should show at least one intersection of two existing Town roadways. SURVEY OF LOT/PARCEL: A boundary survey conforming to the requirements of the Essex County Registry of Deeds Office. The survey shall be dated and include any revision made to the survey or site plan. Any change in the survey shall be recorded before site plan approval may be granted. iii) NAME/DESCRIPTION OF PROJECT: The name of the development and the names, addresses and telephone numbers of the project listing tenants, land uses, development phases, or other pertinent information necessary to evaluate the proposed development plan. iv) EASEMENTS/LEGAL CONDITIONS: Identification of easement(s) or legal encumbrances(s) that are related to the sites physical development and a listing of an conditions laced upon the site b >; ( ) p Po Y p g Y 106 the Board of Appeals, Planning Board, Conservation Commission, or any public body or agency,with the authority to place conditions on the sites development. V) TOPOGRAPHY: The present and proposed topography of the site, utilizing two foot (2) contour intervals. The contours shall extend at least fifty (50') feet beyond the site boundaries by estimation of the professional submitting the plan. vi) ZONING INFORMATION: All applicable Zoning Bylaw information shall be provided regarding the site's development. This information shall be placed in a table and list all parking, setbacks, percent of lot coverage, floor-area-ratio, number of dwelling units, total amount of square feet, size of signs and any other applicable zoning information necessary for the proper review of the site plan by the Town Planner and Planning Board. vii) STORMWATER DRAINAGE: All storm water drainage control facilities utilized by the site shall be shown on the site plan. Storm water drainage calculations which support the design of the control facilities shown the plan shall be submitted to the Department of Public Works for review and approval. Calculations shall show a mitigation of run-off to zero of the 2, 10,and 100 year storm event. viii) BUILDING LOCATION: Identification of all existing and proposed structure(s)located on the site. The number of stories,overall height in feet and gross floor area in square feet of all structure shall be indicated. ix) BUILDING ELEVATION: A drawing of the exterior of the building, as viewed from the front(street view)must be submitted. The Planning Board may request side and rear views if relevant to the Board's review. This drawing must be at least 8"x 11"in size. x) LOCATION OF PARKING/WALKWAYS: Identification of the location of all existing and proposed parking and walkways areas, including curb cuts that will be used to access the site from adjacent roadways,or access points. xi) LOCATION OF WETLANDS/NOTICE OF INTENT: All resource areas as defined in M.G.L. Chapter 131, Section 40 and the Town's Wetland Bylaw, shall be shown on the site plan. The applicant shall file a Notice of Intent with NACC concurrently with the application to the Planning Board for Site Plan Review. 107 S xii) LOCATION OF WALLS/SIGNS: Identification of the location,height and materials to be used for all retaining walls and signs located on the site. Signs will be reviewed using the guidelines set forth in Section 6.7 (H)of the Zoning Bylaw. xiii) LOCATION OF ROADWAYS/DRIVES: Identification of all right-of-ways and driveways including the type of curb and gutter to be used, and their dimensions. Distances to all the nearest roadways and/or curb cuts shall be shown for both sides of any streets which is adjacent to the site. xiv) OUTDOOR STORAGE/DISPLAY AREAS: Identification of the location and type of outdoor storage and display areas on the site. xv) LANDSCAPING PLAN: Identification of the location and landscape schedule of all perimeter and interior landscaping, including but not limited to proposed paving materials for walkways, fences, stonewalls and all planting materials to be placed on the site. In addition, all existing trees over 12 inches DBH, to be saved or removed shall be shown on the site plan. Any landscaping required by the Town Bylaws shall be indicated on the site plan in tabular form showing the amount required and the amount provided. xvi) REFUSE AREAS: Identification of the location of each outdoor refuse storage area,including the method of storage and screening. All refuse areas must be fully enclosed xvii) LIGHTING FACILITIES: Identification of the proposed illumination, indicating the direction and the degree of illumination offered by the proposed lighting facilities, including an example of the light fixture to be used. xviii) DRAINAGE BASIN STUDY: A detailed hydrology study for the site. Included in this study is the proposed storm water run-off rates into the existing drainage system and its potential down-stream impact on the existing drainage system. xix) TRAFFIC IMPACT STUDY: Identification of existing traffic levels, along with the expected traffic impacts to occur based upon the proposed project. Projects which access state highways, a traffic impact study shall be filed with MEPA concurrently with the Planning 108 Board review. A copy of the MEPA study shall be filed with the application to the Planning Board. pp g xx) COMMONWEALTH REVIEW: Any information required and submitted to any agency of the Commonwealth, shall be filed with the Planning Board upon the initial submission of the project for Board review. xxi) UTILITIES: All utilities, including water line locations, sewer line locations and profiles,and storm drainage systems; xxii) FISCAL IMPACT: Projections of costs rising from increased demand for public services and infrastructure; provisions of benefits from increased tax revenues, employment and infrastructure improvements; and impacts on adjacent property values. xxiii) COMMUNITY IMPACT: Analysis of the project's impact on the surrounding neighborhood in terms of architectural consistency, pedestrian movement and overall character; impacts on nearby historic structures or site; and an evaluation of the proposed project's consistency ad compatibility with existing local and regional plans. f) If the site plan review application is for the construction of any new wireless service facility on a previously permitted facility as set fourth in Section 8.9(3)(a)9II)Wireless Service Facilities Use Regulations,the information required by Section 8.9(5)must also be submitted. The SPGA may grant a waiver from these submittal requirements if it finds that such information is not needed for a thorough review of a proposed personal wireless service facility(1998/38). 6. Review Criteria/Design Guidelines a) The following criteria and design guidelines shall be used by the Planning Board in evaluating the site plan review and all information submitted as part of the application. i) General a) Conformance with all appropriate provisions of the Zoning Bylaw. b) Protection of abutting properties from detrimental site characteristics. 109 I' • Environmental a) Protection of unique or important natural, historic or scenic features. b) Adequacy of proposed methods of refuse disposal. C) Ability of proposed sewage disposal and water supply systems within and adjacent to the site to serve the proposed use. d) Adequacy of the proposed drainage system within and adjacent to the site to handle the increased runoff resulting from the development. e) Provision of adequate landscaping, including the screening of adjacent residential uses, provision of street trees, landscape islands in the parking lot and a landscape buffer along the street frontage. fl Adequacy of the soil erosion plan and any plan for protection of steep slopes,both during and after construction. g) Protection of adjacent properties by minimizing the intrusion of lighting,including parking lot and building exterior lighting. h) The proposed development must not present a demonstrable adverse impact on the surrounding area resulting from excessive noise, dust, smoke, or vibration which are higher than levels now experienced from uses permitted in the surrounding area. Design a) Buildings shall be located with respect to setbacks placement of parking landscaping and entrances and exits with surrounding buildings and development. b) The buildings shall relate harmoniously to each other in architectural style,site location and building exits and entrances. C) Screening shall be provided for storage areas, loading docks, dumpsters, rooftop equipment, utility buildings and similar features. 110 d) Electric, telephone, cable t.v., and other such lines and equipment must be placed underground e) Demonstrate that the scale, massing and detailing of buildings are compatible with those prevalent in the surrounding area. iv) Traffic/Parking a) The location and number of curb cuts shall be minimized to reduce turning movements,and hazardous exits and entrances. b) Provision for access to adjoining properties shall be provided as appropriate. C) Driveways shall be located opposite each other wherever possible. d) Joint access driveways between adjoining properties shall be encouraged. e) Internal circulation and egress shall provide for traffic safety, • and access to and from minor streets servicing one family dwellings shall be minimized. 7. Findings of the Planning Board a) With the concurring vote of four members, of the Planning Board shall either A) approve, B) approve with conditions, or C) deny a site plan submitted for review. i) The Planning Board shall approve a site plan with the following conditions are met: a) The site plan complies with all current Bylaw requirements of the Town,and, b) The site plan has been submitted in accordance with the regulations and procedures as outlined in this section and Section 10.31(Conditions for Approval of Special Permit.) 111 . ii) The Planning Board shall conditionally approve a site plan when the following conditions are met: a) The application needs to go to any Town Board/Department or Commission for approvals, or requires approvals by any state, and/or federal agency and; b) The site plan generally complies with Town Bylaw requirements, but requires minor changes in order to be completely in compliance with the Town Bylaw regulations. iii) The Planning Board may deny approval of a site plan for the following reasons: a) The plan does not include all the materials or information required in this section,or has failed to adhere to the procedures for Site Plan Review as outlined in this section, and Section 10.3(Special Permits),or, b) The plan as presented is not in compliance with Town Bylaws, or; C) The plan has been drawn incorrectly or in such form that the Planning Board is unable to determine what information is being presented for review,or, d) The applicants have failed to incorporate and adhere to any condition(s) for approval granted by any Town Board, Department or Commission, or requirements called for by any state or federal agency,which has proper authority upon which to place conditions on a matter before the Planning Board. iv) The Planning Board shall render a decision within ninety (90) days of the public hearing and shall file its written decision with the Town Clerk's office and other appropriate parties in accordance with the provisions of M.G.L.Ch.40A. V) The applicant shall be responsible for filing a copy of the decision at the Registry of Deeds. Prior to the issuance of a building permit, the applicant shall present evidence of such recording to the Building Inspector. 112 • vi) For the purpose of securing the performance of all proposed work, including landscaping and off-site improvements, the Planning Board may require security submitted in the form of a check made out to the Town of North vii) Andover in an amount determined by the Board to be sufficient to cover the cost of all or any part of the improvements required. The check will then be placed in an interest bearing account and will be released upon the completion of the project. The Board,at its discretion,may release partial amounts of the security at certain stages of construction. 8. Revisions to Approved Site Plan a) Any revisions to a development that has secured site plan approval shall be submitted to the Town Planner for review. No revisions shall be approved until the Town Planner receives three(3)copies of the revised plan and the revisions placed on the plan fall into the following categories: i) A change of location and layout of any parking area(s),signs,storage or accessory buildings,provided that no Town Bylaws are violated by the change; . ii) The change in the proposed landscaping plan which does not violate any Town Bylaw; iii) A change of egress and ingress provided the same is in compliance with Town Bylaws and the requirements of the Commonwealth. b) The revisions cited above may be completed without further review by Planning Board,upon approval by the Town Planner. The Town Planner may determine that the revisions as shown do not fall into the categories outlined in this subsection, and that the proposed revisions are in fact substantial and call for materially different site plan than approved by the Planning Board in that changes are called for in the type, location and manner of the facilities and site improvements to be constructed and shown in the approved site plan. C) If the revisions are determined to be substantial and materially different by the Town Planner, the Town Planner shall direct the applicant to resubmit the site plan to the Planning Board in accordance with the provisions of this section. (Section 8.3 rewritten and reorganized May 6, 1996 Annual Town Meeting,Article 20) 113 1. To hear and decide actions and appeals as provided herein; 2. To hear and decide applications for appropriate Special Permits and variances which the Board of Appeals is required to act upon under this Bylaw. 10.3 Special Permit The Special Permit Granting Authority shall adopt rules and regulations for the conduct of its business relative to the issuance of Special Permits. A copy of these rules and regulations shall be filed with the Town Clerk. The rules and regulations shall contain, as a minimum, a description of the size, form, contents, style and number of copies and number of plans and specifications to be submitted and the procedures for submission and approval of Special permits. The Special Permit Granting Authority may grant a Special permit within the framework of this Bylaw only after holding a public hearing which must be held within sixty-five (65) days after the applicant files for such Special Permit. The sixty-five(65) days period shall be deemed to have begun with the filing of the application with the Special Permit Granting Authority. The applicant is responsible for transmitting a copy of the application for a Special Permit within twenty-four(24) hours of the filing of the application with the Planning Board or the Board of Selectmen and to the Town Clerk. If an application for a Special Permit is to be filed with the . Board of Appeal,the applicant shall file the application with the Town Clerk,who shall transmit the application to the Board of Appeals within twenty-four(24)hours. 10.31 Conditions for Approval of Special Permit 1. The Special Permit Granting Authority shall not approve any such application for a Special permit unless it finds that in its judgment all the following conditions are met: a. The specific site is an appropriate location for such a use,structure or condition; b. The use as developed will not adversely affect the neighborhood; C. There will be no nuisance or serious hazard to vehicles or pedestrians; d. Adequate and appropriate facilities will be provided for the proper operation of the proposed use; e. The Special Permit Granting Authority shall not grant any Special Permit unless they make a specific finding that the use is in harmony with the general purpose and intent of this Bylaw. 155 • 2. In approving a Special Permit, the Special Permit Granting Authority may attach such conditions and safeguards as are deemed necessary to protect the neighborhood such as,but not limited to,the following: a. Requirements of front,side,or rear yards greater than the minimum required by this Bylaw. b. Requirements of screening parking areas or other parts of the premises from adjoining premises or from the street, by walls, fences, planting, or other devices as specified by the Special Permit Granting Authority. C. Modification of the exterior features or appearances of the structure; d. Limitation of size,number of occupants,method or time of operation,or extent of facilities; e. Regulation of number , design and location of access drives or other traffic features. 3. Special Permit granted under the provisions contained herein shall be deemed to have lapsed after a two (2) year period from the date on which the Special permit was granted unless substantial use or construction has commenced. If the applicant can show good cause why substantial use or construction has not commenced within the two (2) year period, the Special Permit Granting Authority, as its discretion, may extend the Special Permit for an additional one(1)year period. Included within the two (2)year period stated above,is the time required to pursue or wait the determination of an appeal from the provisions of the Bylaw. 5. The Special Permit Granting Authority may, within the guidelines for Special Permits contained herein, allow accessory uses whether located on the same lot as the principal use or not, wherever necessary in connection with scientific research, scientific development or related production provided that the Special Permit Granting Authority finds that the proposed accessory use does not substantially derogate from the public good. 5. Within (90) days following the date of the public hearing, the Special Permit Granting Authority shall take final action in the matter in order to issue a Special Permit provided for in this Zoning Bylaw. There shall be at least four(4)of the five(5)members of the Granting Authority voting in favor of issuing the Special Permit. 6. A Special Permit granted under the provisions of this Bylaw shall not take effect until: 156 • a. The Town Clerk certifies on a copy of the decision that twenty(20) days have elapsed without filing of an appeal or that any appeal filed has been dismissed or denied; b. The certified decision has been recorded at the owner's expense in the Essex County Registry of Deed's indexed in the grantor index under the name of the record owner,and noted on the owner's Certificate of Title; C. If the Special Permit involves registered property, the decision, at the owner's expense shall also be filed with the Recorder of the Land Court. 10.32 Temporary Permit The Board of Appeals may grant a temporary Special Permit for use or occupancy permit for a period of not more than one(1)year at a time, subject to a single renewal. Such permits shall be subject to conditions imposed by the Board related to safeguarding the character of the district affected and shall be processed in accordance with the procedures provided herein for the granting of Special Permits. 10.4 Variances and Appeals The Zoning Board of Appeals shall have power upon appeal to grant variances from the terms of this Zoning Bylaw where the Board finds that owing to circumstances relating to soil conditions, shape, or topography of the land or structures and especially affecting such land or structures but not affecting generally the zoning district in general, a literal enforcement of the provisions of this Bylaw will involve substantial hardship, financial or otherwise, to the petitioner or applicant, and 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 this Bylaw(1998/32). Additionally, an appeal may be taken to the Zoning Board of Appeals as provided herein by a person aggrieved by reason of his inability to obtain a permit or enforcement action from the Building Inspector,by the Merrimack Valley Planning Commission, or by any person including an officer or Board of the Town of North Andover, or an abutting city or town, aggrieved by an order or decision of the Building Inspector or other administrative officials in violation of any provision of this Bylaw. Any petition for an appeal above must be taken within thirty(30) days of the date of the order or decision that is being appealed by filing a notice of appeal, specifying the grounds thereof with the Town Clerk, who shall forthwith transmit copies of the appeal to such officer or Board, whose order or decision is being appealed, and to the Zoning Board of Appeals. Such SII 157 • a • officer or Board shall forthwith transmit to the Zoning Board of Appeals all documents and paper constituting the records of the case in which the appeal is taken. 1. No petition for a variance or appeals shall be granted until a public hearing is held on the matter by the Zoning Board of Appeals within sixty-five (65) days after the Zoning Board of Appeals receives the petition from the Town Clerk. 2. The Zoning Board of Appeals must make its decision on a petition for a variance or appeal within seventy-five(75)days after the date of the petition is filed with the Town Clerk. In order to grant a petition for a variance or an appeal, four(4) of the five(5) members of the Board must concur. If the Zoning Board of Appeals fails to act within the time limits specified herein, the petition for a variance or appeal shall be deemed granted. a. In the case of a variance,the Zoning Board of Appeals may impose conditions, safeguards and limitations of time and use, however, these conditions cannot require continued ownership of the land or structure to which the variance pertains by the applicant, petitioner, or owner. Furthermore, if the rights authorized by the variance are not exercised within one (1) year of the date of the grant,they shall lapse and may be re-established only after notice and a new hearing. 3. The Zoning Board of Appeals shall cause to be made a detailed record of its proceedings indicating the vote of each member upon each question, or if absent or failing to vote, indicating such fact,and setting forth clearly the reason or reasons which shall be filed within the fourteen(14)days in the office of the Town Clerk and shall be a public record. Notice of the decision shall be mailed forthwith to the petitioner,applicant,or appellant, to the parties in interest designated herein, and to every person present at the hearing who requested that notice be sent to him and stated the address to which such notice was to be sent. Each notice shall specify that appeals,if any,shall be filed within twenty (20) days after the date of filing of such notice in the office of the Town Clerk. The decision shall also contain the names and addresses of the owner, and identification of the land and/or structure affected(if a variance procedure -how the variance complies with the statutory requirements for issuing a variance). Certification that copies of the decision have been filed with the Planning Board and Town Clerk are required. 10.5 Amendments to Zoning Bylaw This Bylaw shall be adopted and shall be amended from time to time by a two-thirds vote at an annual or special town meeting. Amendments to this Bylaw may be initiated by submission of 158 TABLE 2 SUMMARY OF DIMENSIONAL REQUIRMENTS Res. Res. -Res Res V{il _ Rea. es. _�_ ut, ut. us, Q {nd {nd. _tnd Ind. 1 2 3 4 ties:�' ? 6 1 3 4 Cogan out, 1 2~ 3 S Lot Area7— Lot Min.S.F. 87,120 43,W 25 000 12,500 43,580 43;580 130,800 25000 25000 120000 80000 9Q,000� 25000 80,000 50,000 435,600 50,00() Marc�ft��— --—-_ .__ 35 �35 35 35 35. _35 M 35 35 35 '35 60 40 45 55 _ 55 $5 55 Street Frontage ..__..._.. .._ ._._.._ ..— _.._. . ...,_ ...__ Min.�ft�__^ 175 1 SO 125. 100 85 x_150 11 � 128 125 800 200 200 12�, 1�0 150 _150 1 SU Front Set-Back. Mln,�__. . ,.. ..... .... .. 30 30 30_ 30 25 �30 M 25 30 25 100 50 50��07)t/) �26 50- _50— _100 t0 30 S'tda Set-back _._..-__.__ Min.(it) _ - 30... .".30 20 15 _15^ 25 15 20 25 1' 50 50 23 25 50 3 2� 20" Rear Set-Back Min.(ft) 30~ 30 30 _30 -30_ 30 -3030 .30 5�0 50 25 35�~ 50 50 200 30 Floor Area _..._. Ratio Max. N!A NIA NIA NIA NIA 0,75:1 0.23;1 0.30:1 0,75:1 0.40a 1,60:1 NIA NIA 0.50:1 0,50:1 0.50:1 0.50:1 Lot Goverac}e ..---- Max. N!A NIA NIA NIA NIA 2090 20°r6 3090 3591 309E 2591 25% 3596 _35yo 35% 35% 35% Dwelling Unit - -•- -•-•• ----- - ___ ._.. Density Max/Acre_____ NIA NIA N!A N/A Ilme Multi-FaN 12 81acro "I NIA IN!A N/A NtA NIA ~NIA NIA NIA NIA NIA _ Tamhaus � a.�,�_. 259'0 � -... _. .._ —� ,.._.. .. Two Stories not to exceed 40 M- '- — ____ _ __.-. ^Retat to Sections l).t(13)and 6.4(6) r u Please refer to the footnotes for additional information i r � P'ROP'OSED NORTH ANDOVER COVERAGE WITH PROPOSED SCHNEIDER ELECTRIC CANDIDATE .� � �,5�?;' tir ~� "�..��`�.M•,`y r.yam�f r - 5,��j^ z ' a, t Odyssey r` o Logici Mob5c Md..-odw r' , - ){ - .ti- j (I'm May 14 11:16:39 200 I , ----- 4 7 I y F� -- , II'— `y i'1 ~ 1:500co n rp V ' r r. I �i i3� r r� ClWe r. ,f �Jrj ti Watex �^- l _ MA In=states Y fL r� MA=Ht' mys MA ixuar 1'l%)1—y$ hu s�t.wm Etna B y.LL�.6`Y,1��. 1LLLC11 NH ates ..L , _ I i ti 1 � � -_ NH MaJaor H>�bvay$ , ''.t i"" w. d-_ r,,ir �,� --4,_-I t �} ti, m 1vlinlOY 'ate j -� ' Site Cdour Cobig: { t' — r' l a __ ��' �~ t �h•. Nome j~ � On-Aix r RecPsul Halted ted Yh ti 7 i+ (� FSD Re�wxBd 'I S ardidatete Sea=Rug Active Dead Rixg Ima�snve - - I jpq C) '+.1 y ■ r` Z51 5 5� ■ � a»v:C "iii 'i IL : s . u — ..• - _ - ■' „� .are ' r i rr/ti .• �, ,, +rte,� SM pc MV3 e Im E'ISTING NORTH ANDOVER COVERAGE r tf� II 7 1 -�`L, �■ �� � J il3 ■� R ! ■ 1 �f T `�i ■ �rt t, t . s i ■�� � I tt,`� 1 i r� ,y d III �y Odyssey 5 w ; � - D Iota hSdaae PiUietwbclm ('hie May 1414:03:25 2002) 1:50000 �10 f Curter. `^ "$ witex Vectm: � Ih MA irvtates MA Mjor Mi tsI11 MA a1s MA Sttaets State Botutdaxy p} NH I�atat� tX M M iim Higkways Mi €z t Site C olrnu C cdixg: On-Aix c � r Rexstay hm!g o Halted it r'k i �� y ■ FxeqCan3ndate Rei ned - $eG CaIYlldate n E"; .;➢ .` Se=.hRug Active . � �� L� F SeaxhRitg$active Dead I° r Best Serves(Classes): c i _ ,a � ',e� ■ on street �v, [>=—91(dft�1 • AFFIDAVIT Of RADIO FREQUENCY EXPERT The undersigned hereby states the following in support of the application by VoiceStream Wireless,Inc. (hereinafter"VoiceStream")to construct and operate a wireless communications facility at 1 High Street,North Andover,MA. VoiceStream will construct a facility which includes three(3)panel antennae and related BTS equipment in the Town of North Andover,Massachusetts(hereinafter"site")at a height of 85 feet(RAD center) on a 90 foot smoke stack: 1. I am a Radio Frequency Engineer for VoiceStream,responsible for radio frequency design in Massachusetts. 2. The list of my qualifications attached to this affidavit is true,accurate,and complete in all material respects. 3. I have thoroughly reviewed the radio frequency engineering studies,reports,and computer model prepared by VoiceStream with respect to this site. 4. VoiceStream is a communications venture committed to providing wireless personal communication services using personal communications service(hereinafter"PCS")technology. PCS technology is a new generation of wireless service that uses digital transmission to improve the services available. • 5. In order to meet its obligations,under the FCC license,VoiceStream must have in place a system of "cell sites"to serve portable wireless communication handsets and mobile telephones. These cell sites consist of antennas(mounted on a pole,building or other structure)connected through thick cable lines to a cabinet located near the antenna. The antenna relay's information between mobile telephones and radio hardware located in the equipment cabinets. The equipment is then connected to ordinary phone lines from which the call can be routed anywhere in the world. 6. Cell sites are an integral part of VoiceStream's network.To maintain effective,uninterrupted service to a mobile telephone user traveling in a given area,there must be a continuous interconnected series of cells,which overlap in a grid pattern.Additionally,each cell site must be located within a limited area so that it can properly interact with the surrounding cell sites and,thereby,provide reliable coverage throughout the cell. 7. In compliance with its FCC licenses,VoiceStream is actively building its PCS network to provide service in Massachusetts. In order to meet its goal of providing seamless uninterrupted service, VoiceStream must continue to acquire interest in sites for additional facilities,and is applying for and obtaining local governmental approvals to construct the transmission sites,in order to eliminate "gap's"in service coverage. Any delays at this point in time severely curtail VolceStream's ability to satisfy both the mandated time requirements,and to achieve a market position that will allow it to compete for customers. 8. As set forth below,VoiceStream is proposing to locate a wireless communications facility on a smoke stack by attaching three(3)antennas to the outside of the stack at a height of 85-feet(RAD Center). 9. The Town of North Andover is critical to the overall engineering and technical plan of VoiceStream's network. This site will connect to adjacent proposed sites in North Andover,Andover,Boxford, Lawrence and communities surroundingNorth Andover and will provide coverage to the businesses i and residents of North Andover. 1 10. Presently a"gap" exists in the coverage within this area of North Andover. This"gap"in coverage impacts those who travel in this area of North Andover. Furthermore,the"gap"undermines other nearby facilities preventing them from maximizing the coverage to the area as a whole. 11. This site is especially suitable for VoiceStream's proposed wireless telecommunications facility. This site conforms to the narrow search specified by VoiceStream's service area computer model. Unlike other parcels of land in the area,the site has unique radio frequency characteristics,due to the topography of the site,the height of the proposed structure and its location. 12. Without a wireless transmission facility located at or near the site,VoiceStream will be unable to handle the number of customers using its network in this area. By positioning a site at the 1 High Street,in North Andover,VoiceStream will be better able to provide seamless coverage to the citizens of North Andover and the commuters traveling on the main roads through and around this area. 13. The radio frequency exposure levels generated by the proposed facility are substantially below the applicable health and safety standards established by the Federal Communications Commission (hereinafter"FCC")and the Massachusetts Department of Public Health(hereinafter"DPH"). Compliance is no longer required with the Massachusetts Department of Public Health,but a copy of the intended filing will be included showing energy levels for this site. The DPH spreadsheets are certification that VoiceStream complies with any and all FCC requirements. 14. Based upon the best radio frequency technology available to VoiceStream at this time,it is my professional opinion that the proposed project is at the minimum height needed to ensure adequate PCS service to area residents and businesses in accordance with system specifications. • Executed this 14'"day of May 2002. IP JIIJ AZ)V, Michael Lucey RF Engineer • 2 Michael Lucey • Radio Frequency Engineer VoiceStream Wireless 50 Vision Boulevard East Providence,RI 02914 Education: Bachelors of Science in Mechanical Engineering,May 1994,Western New England College, Springfield,MA WEN System School,Motorola,Chicago RF 102 and 103,eXpert Wireless,New York In Building Coverage Systems,LGC Wireless,San Jose RF Health Seminar,Peter Valberg PhD,Harvard University Experience: VoiceStream Wireless,RF Engineer (Feb.2001- Site design for 1900 MHz Voicestream GSM technology in Boston area Present) Attend town zoning hearings for cell site acceptance DPH calculations Frequency planning and retuning Daily cell site capacity and traffic statistical analysis RF site requirement analysis(capacity and power needs) (Feb.1997- Nextel Communications,RF Engineer • Feb 2001) Attend town zoning hearings for cell site acceptance New site design for 800 MHz Nextel iDEN/TDMA system in Boston area Full cell site design from search ring to turning site on air RF site requirement analysis(capacity and power needs) Network planning for switch hardware implementation Future site build design for coverage and capacity issues Daily cell site capacity and traffic statistical analysis Frequency planning and retuning Analysis and optimization of voice,data and dispatch networks Field optimization of on air network Health exposure level study of on air sites Computer ANET,Wizard,Odyssey,maXplan Experience: (all are RF cell site modeling software) • 50 VSION BOULEVARD EAST PROlIDE1M RI 02914 0FAX- -5600 t}-28-05650 ' 7 e •_. 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I fill I fig ' I H NI _ R LL i The Commonwealth of Massachusetts Executive Office of Health and Human Services Department of Public Health r Radiation Control Program 174 Portland Street, 5th Floor, Boston, MA 02114 JANE SWIFT (6 ) 17 727-6214 617 727-2098 - Fax GOVERNOR ROBERT P. GIITENS SECRETARY HOWARD K. KOH, MD, MPH COMMISSIONER NEW POLICY REGARDING RADIOFREQUENCY FACILITY INSTALLATION APPROVAL Due to personnel and budget reductions imposed upon the Radiation Control Program, we are no longer requiring notification and approval from companies that install radiofrequency antennas or facilities as outlined under 105 CMR 122.021. Companies installing radiofrequency antennas should ensure that they are meeting the FCC requirements for the installation. A guide for local government officials (June 2, 2000)concerning the FCC requirements which complements the FCC's OET Bulletin 65, "Evaluating Compliance with FCC Guidelines for Human Exposure to Radiofrequency Electromagnetic Fields", August 1997 is available along with Bulletin 65. To obtain this information, please contact the FCC's Office of Engineering and Technology (phone: 202-418-2464 or e-mail: rfsafety fcc.gov). Bulletin 65 can also be accessed and downloaded from the FCC's "RF Safety" website: http://www.fcc.gov/oet/rfsgfeV. Since the FCC requirements are now identical to the requirements under 105 CMR 122.021, reporting to the Massachusetts Department of Public Health is no longer necessary. The citation in the regulations will be changed during the next revision of the Radiation Control Program's regulations. If there are any questions concerning health effects regarding radiofrequency antennas, individuals may contact the Bureau of Environmental Health Assessment of the 'Massachusetts Department of Public Health at 617-624-5757. 3/15/02 THE COMMONWEALTH OF MASSACHUSETTS DEPARTMENT OF PUBLIC HEALTH RADIATION CONTROL PROGRAM 305 SOUTH STREET,JAMAICA PLAIN,MA 02130 NOTIFICATION OF NONIONIZING RADIATION SOURCE Fixed Communication Installations For Radiation Control Use: Date Rec'd Reviewer: Approval: PULL PXOVISjQNAL . Combined request for approval under 105 CMR 122.000 and employer notification under 453 CMR 5.000. A. Owner of the structure on which the antenna is located and the location of the antenna: Name of owner of the structure on which the antenna is located: Omnipoint Communications Address of structure owner: 50 Vision Blvd Providence, R.I., 02914 Telephone number: Date of installation of the structure: Unknown Cit /town of antenna location: North Andover, MA. Local name of location i.e. street name and number : Schneider Electric Latitude: 420 42' 04" Longitude: 710 07' 35" Are there other transmitting antenna located on the same structure? es X no Are there other transmitting antenna located within 300 feet? [X]yes no Anticipated date of installation of antenna: TBD B. Owner of the antenna: Name of the owner of the antenna: Omnipoint Communications Enterprises, Inc. Address of antenna owner: 50 Vision Blvd. East Providence, Rl 02914 Tel hone number: 401 588-5600 • 1 RF Fixed Communication Installations Form (1/96) MCRP 122.021-1 C. Owner of the location on which the transmitter is located and the location of the transmitter: : [X] same as antenna i Complete only if transmitter location is different than antenna location Name of owner of the structure on which the transmitter is located: Address of structure owner: Telephone number: Local name of location i.e. street name and number): Cit /town of transmitter location: Latitude: Longitude: Anticipated date of installation of transmitter: D. Owner of the transmitter: : [X] same as antenna Com Tete only if transmitter owner is different than antenna owner. Name of the owner of the transmitter: Address of transmitter owner: Telephone number: E. Technicalspecifications: FCC class ort e) of service: PCS GSM FCC call letters: KNLF954 Operating frequency of transmitter: 1945-1950 MHz 1965-1970MHz Type of modulation: GMSK Average power output of transmitter: 20 Watts Peak power output of transmitter: 30 Watts Power into the antenna: 6.3 watts Antenna manufacturer: EMS Antenna model: RR65-19-40 DP Antenna type: Dual Pole Antennas Gain of the antenna: 19 dBi Antenna radiatingpattern: H- lane - 650±3 E- lane-4.5°t1° Polarization of radiation from antenna: Slant 45de Effective radiating ower: 282 watts EIRP at centerline 2 RF Fixed Communication Installations Form (1/96) MCRP 122.021-1 F. Power density information: The power density values presented in F.1 were: [X]calculated using; r Imeasured using; [X]FCC Tech Bulletin Instrument(manufacturer): [ ]Other: (specify): model: robe: Date of most recent calibration: F.1 Par a Horizontal distance to nearest place 0 where facility employees work or congregate: Radial distance to nearest place 24.38 9.66 where facility employees work or congregate: Horizontal distance to nearest location on 30.48 I the property bound Radial distance to nearest location on the 40.23 3.55 property bound Horizontal distance to the location on the 30.48 property boundary where the highest ower density level is anticipated: Radial distance to the location on the 40.23 3.55 property boundary where the highest ower density level is anticipated: Horizontal distance to nearest location 91.44 regularly occupied outside the property boundary: type of facility [ ]home [ ]school []office [ ]manufacturing facility I X others eci :Free Space Radial distance to nearest location 95.10 0.63 regularly occupied outside the property boundary: type of facility [ ]home [ ]school []office [ ]manufacturing facility X others eci : Free Space 3 RF Fixed Communication Installations Form (1/96) MCRP 122.021-1 F.2 Attach all assumptions and calculations used to determine the values listed in F.1. G. Attach a layout drawing showing the various areas in which employees associated with the nonionizing source work and thepredicted measured RF(power density) levels at these locations. H. List the areas in which employees have been classified as nonionizing radiation(NIR) workers: [X]There are no areas that have been classified for NIR workers. [ ]There are areas that have been classified for NIR workers. Such areas are listed below. >> 44w I. All workers that are classified as NIR workers have been instructed in nonionizing radiation health and safety policies and procedures? [ ]yes [ ]no [X]N/A Date that the most recent NIR safety training was provided: [X]N/A • 4 RF Fixed Communication Installations Form (1/96) MCRP 122.021-1 iI CERTIFY THAT: 1. I have read, understand and will comply with the requirements of 105 CMR 122.000 and 453 CMR 5.000 2. To the best of my knowledge,the statements made and information disclosed in this registration application are true, complete, and correct. 3. If any of the disclosed information changes, I will provide updated written information to the Radiation Control Program of the Department of Public Health within 30 days of the change. 4. I will provide additional information as may be required by the Radiation Control Program of the Department of Public Health. SIGNED UNDER THE PAINS AND PENALTIES OF PERJURY, ti- 11 S �� 0.), Z--Ir— Date Signature ot Registrant pplicant(Owner or person duly authorized to act on behalf of the owner). Michael Luc2L RF Engineer Print Name and Title Date Signature of Registrant Applicant Designee (If applicable) Print Name and Title • 5 RF Fixed Communication Installations Form (1/96) MCRP 122.021-1 =-- ,' OMNIPOINTSchneider Electric C O M M U N I C A T I O N S I N C 6'person at the base of the antennas Anticipated power level 24.38 meters EIRP Calculator e Calc 1 9.656510 gW/cm` Power to Ant port dBm Ant Gain on determined lobe dBi EIRP dBl 38.000000 19 54.500000 watts lobe 0° off 0°horizontal watts 6.309573 281.838293 Field density with obstacle loss Calc 2 ~Behind obstacle siggat level accumulates loss Signal Level E.I.R.P.dBi Dist. ft to behind 1st Obstacle Dist.fromist to 2nd Obstacle Dist.from 2nd to 3rd Obstacle 1st dBi E.I.R.P. 2nd(d6l)E.I.R.P. 3rd(dBI)E.I.R.P. 54.500000 80 0 0 54.500000 54.500006 54.500000 Feet converted to cm > 2438.400000 0.000000 0.000000 1st mW E.I.R.P. 2nd mW E.I.R.P. 3rd mW E.I.R.P. Accumulated Distance cm-> 2438.400000 2438.400000 2438.400000 281838.293126 291838.293126 281838.293126 Anticipated loss of obstacle(dB)-> 0 0 0 1st W/cm2 Iso 2nd W/cm2 Iso 3rd W/cm2 Iso 9.656510 9.656510 9.656510 2.56xPower mW/4 x a x Distance(cm)squared x1000 Field density with obstacle loss illustration. (Fig 1) lobe(0°)off 0°horizontal Antenna 00 Distance in ft. Loss in dB Free Space 0 0 dB obstacle(1)toss ^=2 9.656510 Glass 8 0 Distance in ft. Residential wall 10 0 dB obstacle(2)loss Concrete wall 15 µW/cm2 9.656510 0 Distance in ft. 0 dB obstacle(3)loss MDept oPublic (®� µW/cm2 9.656510 Max allowable:1000µW/cm2 Attachment F-2 =\' OMNIPOINT6-person on the Property Line Schneider Electric C O M M U N I C A T I O N S INC Anticipated power level 40.23 meters EIRP Calculator he a c 1 3.546928 µW/cm` Power to Ant port dBm Ant Gain on determined lobe dBi EIRP M 38.000000 19 54.500000 watts lobe 0" off 0'horizontal watts 6.309573 281.838293 Field density with obstacle loss Calc 2 "Behind obstacle sig at level(accumulates ass Signal Level E.I.R.P.dBQ Dist. ft to behind 1st Obstacle Dist.fromist to 2nd Obstacle I Dist.from 2nd to 3rd Obstacle 1st dBi EIR.P. 2nd dBi E.I.R.P. 3rd(dBQ E.I.R.P. 54.500000 132 0 0 54.500000 54.560060 54.506000 Feet converted to cm > 4023.360000 0.000000 0.000000 1st mW E.I.R.P. 2nd mW E.I.R.P. 3rd mW E.I.R.P. Accumulated Distance cm > 4023.360000 4023.360000 4023.360000 281838.293126 281838.293126 281838.293126 Anticipated loss of obstacle(dB)->_ 0 0 0 1st(IM/cm2)Iso 2nd W/cm2 Iso 3rd W/cm2 Iso 3.546928 3.546928 3.546928 2.56xPowe m /4 x a x Distance(cm)squared x1000 Field density with obstacle loss illustration. (Fig 1) lobe(01)off 0°horizontal Antenna 132 Distance in ft. Loss in dB Free Space 0 0 0 d8 obstacle(1)loss µW/cm2 3.546928 Glass 8 - 0 Distance in ft. Residential wall 10 0 dB obstacle(2)loss Concrete wall 15 µW/cm2 3.546928 0 Distance in ft. 0 dB obstacle(3)loss MA Dept of Public Health CP µW/cm2 3.546928 Max allowable:1000 ttWkm2 Attachment F-2 r ■��® �,p� Schneider Electric C O M M U N ] CATIONS I N C . 6'person beyond the property line Anticipated power level 95.10 meters EIRP Calculator ere c I 0.634879 µW/cm` Power to Ant port dBm Ant Gain on determined lobe dBi EIRP d6 38.000000 19 54.500000 (watts) lobe 0° off 0°horizontal watts 6.309573 281.838293 Ffeld dens" with obstacle loss Calc 2 -Behind obstacle signal level(accumulates loss) $ ral Level J.R.P.dBill Dim to behind 1st Obstacle Distfromist to 2nd Obstacle Dist from 2nd to 3rd Obstacle 1 st dBi EIRP. 2nd IdED E.I.R.P. 3rd 418 E.LR.P. 54.500000 312 0 0 54.509000 54.500000 54.500000 Feet converted to cm 9509.760000 0.000000 0.000000 1st E.I.R.P. 2nd(mM E.I.R.P. 3rd m E.I.R.P. Accumulated Distance(cm)- 9509.760000 9509.760000 9509.760000 281838.293120 281838.293128 281838.293128 Anticipated loss of obstacle(dB)-> 0 0 0 1 at W/cm2 Iso 2nd W/cm2 iso 3rd W/cm2 Iso 0.834579 0.834579 0.834579 2.56xPower m /4 x a x Distance(cm)squared x1000 Field density with obstacle loss illustration. (Fig 1) lobe(0°)off 00 horizontal Antenna 41110,0__7 312 Distance in ft. Loss In dB Free Space 0 �— � 0 d8 obstacle(1)loss µW/cm2 0.634879 Glass 8 0 Distance in ft ^-- Residential wall 10 I 0 dB obstacle(2)loss Concrete wall 15 µW/cm2 0.634879 0 Distance in ft. 0 dB obstacle(3)loss 1 MA Dept of Public µ W/crn2 0.634879 Max allowable:1000 ItW/cm2 ' Attachment F-2 Search Ring Analysis for N. Andover Ring 4BS-0658 • With Attached Topographical Map. Candidate Location & Description Comments A. Smoke Stack - Corner of Water Street and High, - Ideal location and structure Street, 90 foot Smoke Stack height. Negotiating lease B. Unitarian Church - High St., 100 yards south of High St - Ideal location and structure and Water St. Intersection. 90 foot height. Church has policy of church steeple not co-locating antenna on church property. C. Church - Corner of Water Street and High St. - Steeple height is not sufficient 40 foot roof top w/small steeple. enough to complete coverage Downtown N. Andover. objective. D. Church - High St. between Water St. and - Steeple height is not sufficient Merrimack St. 45 foot rooftop enough to complete coverage objective. • E. N. Andover - Large lot Southeast of Chickering - Lot is too far from our coverage Middle School (Rt. 133) and Main St. Consists of objective. Site needs to be school buildings and playing fields. Farther to the Northwest. F. Library - Small lot on the corner of Elm and Tower would need to be Main St. Small antenna tower replaced with much larger behind building. Tower. Not enough room on lot for installation. G. N. Andover - Large Town owned property east - Lot is too far East to complete High School of Chickering rd,West of Osgood St. coverage objective. H. Smoke Stack - Large smoke stack located North of - Lot is too far North to complete Lawrence Memorial Airport on coverage objective. Clark Road. I. Smoke Stack - Owned by Lucent Technology off - Lot is too far North to complete Osgood Rd., North of Lawrence coverage objective. Memorial Airport. J. N. Andover - Water Tank located South of - Water Department has no Water Tank Chadwick St. near Lawrence interest in co-locating our antenna Memorial Airport. on the water tank • 71°0900 W TOPO!map printed on 0711502 from"BOSTON.tpo"and"Untitled.tpg" ' zJ^- / WG58471°05'48'W • � mo.`s_` �C, � � v f Y t , �'1 � } �� , � f,.`, :{� ref O •. f i .F3 Fal f� ,£ f � �� .� �� } •�'• � � � � i Pp Fes' �t S 1 `` _ r ,��'• y OAR Sgf[o ,�r.. �/ra., ,tom • ...., - ♦ 4 .�,n''•.`' � - _ C?. p G r USAF � G � � � � f ter- "`.,. �. � +}y�N� •''`t �' � �. 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