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Miscellaneous - 5 BOSTON HILL ROAD
New England Wireless Solutions, llc ECEIV i) TOW,�J CLERK'S OFFICE 2809 juL -I P'912: 41 July 1,2009 , Q l� OI~ NORTH ANDOVER MASSACHUSETTS North Andover Planning Board Town of North Andover 1600 Osgood Street North Andover,Massachusetts 01845 Re: Application for a Special Permit for a Wireless Services Facility("WSF") at the existing WSF on Boston Hill located at 5 Boston Hill,North Andover,MA(Town of North Andover Map:107 C Lot:11) Property Address: 5 Boston Hill North Andover,MA(the"Property") Applicant: MetroPCS Massachusetts, LLC C MetroPCS") BOS0523-A Dear Chairman and Members of the Board: As agent for and on behalf of MetroPCS Massachusetts,LLC ("MetroPCS")the "Applicant"we respectfully submit the enclosed Application for a Special Permit for a Telecommunications or Wireless Services Facility from the North Andover Planning Board(the "Board"). Pursuant to Zoning By-Law Section 2.65 Special Permit Granting Authority: 8.9 Wireless Service Facilities or other similar communications use in the Town of North Andover Zoning Ordinance(the"Zoning Ordinance"),the Board is vested with the authority to grant the requested Special Permit and site plan approval. The Applicant seeks to co-locate and operate its Wireless Facility on an existing Wireless Service Facility that is owned by Benjamin G.Farmm of North Andover. MetroPCS's antennas are proposed to be located at a centerline height of 115 feet on and in the existing concrete and steel Wireless Service Facility. MetroPCS has entered into a lease agreement for antennas and equipment space with the building owner,Benjamin Farnum. The Wireless Facility is shown on the plans submitted herewith and incorporated herein by reference(the"Plans"). In addition to the request for all necessary zoning approvals,MetroPCS offers the following supporting information. A. Background MetroPCS is licensed by the Federal Communications Commission to construct and operate a wireless telecommunications network in various markets throughout the country, including the State of Massachusetts and,in particular,in the Town of North Andover. MetroPCS is in the process of designing and constructing a telecommunications system to serve 17 Indian Trail York, ME 03909 (207)363-0006 wmoquade@earthlink.net Chairman North Andover Planning Board July 1, 2009 Page 2 all of the State of Massachusetts. One of the key design objectives of MetroPCS's system is to provide seamless coverage without gaps or dead spots. Such a system requires a grid of radio transmitting and receiving links located approximately 1.5 to 2.5 miles apart,depending on the location of existing and proposed installations in the surrounding area as well as the existing topography. The radio transmitting and receiving facilities operate on a line-of-sight basis, requiring a clear path from the facility to the user on the ground. This dynamic requires the antennas to be located above the tree-line,and in a location where the signal is not obstructed or degraded by other buildings or by topographical features such as hills. B. The Facility As shown on the Plans,the wireless facility equipment will be placed in the existing building within a 10'x16' lease area. MetroPCS will have six(6)panel antennas mounted on the steel tower at a centerline of 115 feet. The antennas will be connected via co-axial cable to three (3)equipment cabinets located in the 3rd floor of the building. After MetroPCS's installation,the facility will be unmanned and will only require twice a month maintenance visits. The only utilities required to operate this facility are standard 120-volt electrical power as well as telephone service. These are presently in place within the existing building.The traffic generated by the facility will be about two vehicle trips per month by maintenance personnel who will inspect the facility to ensure it remains in good working order. The facility will comply with all applicable local, state and federal safety codes. C. Compliance with the Zoning Ordinance and Site Plan Review Regulations As set forth above,the Applicant believes that it satisfies the requirements set forth in the Zoning Ordinance, and that the proposed site meets all of the objectives of the Special Permit criteria for a Telecommunications or Wireless Services Facility to the extent applicable,of the Town of North Andover's Site Plan Review Regulations. The Applicant hopes that the Board agrees that the Property is a sensible location for a co-location of MetroPCS's personal wireless services facility and satisfies the Town of North Andover's goal of rational siting of such facilities,as well as the Zoning Ordinance's requirements for such facilities. D. Conclusion MetroPCS is one of a limited number companies licensed by the FCC to provide service to the residents and businesses of North Andover.As a licensee of the FCC,MetroPCS is mandated to build out and operate its systems such that adequate wireless service is provided to the general public. Based upon the radio frequency studies and computer models,MetroPCS has Chairman North Andover Planning Board July 1, 2009 Page 3 determined that the proposed co-location in the existing Wireless Service Facility at 5 Boston Hill is needed to provide wireless technology to the Town of North Andover. Accordingly, MetroPCS respectfully requests that the requested Special Permit be granted pursuant to the submitted application. Due to the importance of this proposed facility and the construction time line, MetroPCS respectfully requests that the zoning approval process be completed as soon as possible and as required by the Ordinance. Please feel free to contact me regarding any questions concerning the application at 207- 837-0127. V truly yours B McQuade New England Wireless Solutions Agent for MetroPCS BM/pp BOS0523_A Attachments Application for Special Permit with Fees Request for Waivers—Site Plan Review and Site,Location&Design Filing Requirements Radio Frequency Coverage Plots RF Affidavit FCC License Letter of Authorization Noise Attenuation Letter RF MPE Report—Donald L.Haes,Jr.,Ph.D.,CHP Photo Simulations Plans See Section 8.3-of the North Andover Zonina Bylaw for more detailed information Town of North Andover Planning Board Application for Special Permit Please type or print clearly: 1. Petitioner: Bill McQuade Agent for MetroPCS Massachusetts Address: 17 Indian Trail York ME 03909 _ Telephone Number: 207-363-0006 2. Owners of the Land: Benjamin G.Famum Address: 397 Farnum Street North Andover,MA Telephone Number: 978-682-3817 Number of years ownership: If applicant is not the owner,please state interest in property: Lease for a Wireless Service Facility 3. Request for a Special Permit under Section 89 of the North Andover Zoning Bylaw to install 6 panel antennas at a centerline of 115'+/-on the existing Wireless Service Facility and related BTS Cabinets at Boston Hill. 4. Location of Property: 5 Boston Hill Zoning District: Village Residential Assessors: Map: 107 C Lot# 11_ Registry of Deeds: Book#: 4909 Page# 85 5. Existing Lot: Lot Area(Sq. Ft): Building Height: 84'+/- _ 130,680+/- Side Setbacks: 62' and 570'+/- Street Frontage: 1,654+/-' Rear Setback: 230'+/- Front Setback: 321+/-' Lot Coverage: Floor Area Ration: 6. Proposed Lot(if applicable): Building Height: Lot Area(Sq.Ft.):N/A Side Setback: Street Frontage: Rear Setback: Front Setback: Lot Coverage: Floor Area Ratio: 7. Required Lot(as required by Zoning Bylaw); Lot Area(Sq.Ft.): ' Building Height: Street Frontage: ' Side Setback: 15' Front Setback:25' Rear Setback: 30' Floor Area Ratio: Lot Coverage: 8. Existing Building(if applicable): Ground Floor(Sq.Ft.).N/A #of Floors 7 Total Sq. Ft.; Height: 84'+/- Use: WSF Type of Construction: Concrete 9 Proposed Building: 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?YES . If so, when and for what type of construction? Wireless Service Facilities 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 Planni Urrlication as incomplete. 4 Petitioner's Signature: _ Print or type name here: Bill McQuade agent for MetroPCS Massachusetts_ Owner's Signature: _ Print or type name here: See enclosed letter of authorization _ REQUEST FOR WAIVER of SITE, LOCATION & DESIGN FILING REQUIREMENTS The Applicant, MetroPCS Massachusetts, respectfully requests a waiver from the requirements of the Town of North Andover's site plan review regulations: 8.9 (5) (d) (iii) (9) Waiver of Site Filing Requirements — Contours at each 2 feet AMSL for the subject property and adjacent properties within 300 feet. 8.9 (5) (d) (iii) (13) Waiver of Site Filing Requirements — Location of all wetlands on the subject property and within 100' of the proposed facility as approved by the Conservation Commission. 8.9 (5) (d) (iv) (13) Waiver of Design Filing Requirements — Landscape plan including preexistent trees and shrubs and those proposed to be added, identified by size of specimen at installation and species. 8.9 (5) (d) (ii) (4) Waiver of Location Filing Requirements- a map showing other pre-existent and approved wireless service facilities in North Andover and outside North Andover within one mile of its boundary. The proposed MetroPCS facility on Boston Hill will be an unmanned collocation on an existing wireless service facility building. The Applicants believe that the impact of the proposed facility will be very slight, and in fact, from most areas of the Town, non- existent. Accordingly, granting this waiver will be in the public interest. There are no subdivision plans, additional sites or buildings on the property at issue, and therefore the applicants requests a waiver from these provisions as it is not applicable. 1 REQUEST FOR WAIVER of SITE PLAN REVIEW The Applicant, MetroPCS Massachusetts, respectfully requests a waiver from the requirements of the Town of North Andover's site plan review regulations: 8.3. (2) (C) (i) (ii)Waiver of Site Plan Review The proposed MetroPCS facility will be unmanned and will not require water or sewer. No noise, smoke, fumes or other nuisances are produced by the facility. There will be no pedestrian traffic generated by the facility. The only vehicular traffic will be one or two trips per month per carrier by a technician in a SUV or similar vehicle. For all these reasons, the Applicant respectfully submits that the use is a very passive use, and does not create any detriment to the public safety, health or welfare. In addition, there will no injury to other individuals or property. The Applicants believe that the impact of the proposed facility will be very slight, and in fact, from most areas of the Town, non- existent. Accordingly, granting this waiver will be in the public interest. There are no subdivision plans, additional sites or buildings on the property at issue, and therefore the applicants requests a waiver from this provision as it is not applicable. 1 S N Andover Boston Hill Rd Signal trength F"etro7 i 4 kA Will-mit Yourself. Proposed Coverage Without BOS0523A ------J1 17 1,J j 7s, w b 523A 41 altar X\ lip /mile* f I N Andover Boston Hill Pd re : .K i , ^��°'a{"me ro ..: g9 yy Proposed Coverage With BOS052 A Unlimit Yourself. , BOS0Not 218A , OP r M - 6 , y S0209A £. f jo i i e a t. r,. 7 1 I 1•� i ti " , a i.A I ■ ;I 4 " { 1 a , , W i , y, y C ra. etroPCS. Unlimit Yourself. STATEMENT OF Frantz Pierre, RADIO FREQUENCY ENGINEER I, Frantz Pierre, state as follows: I have a degree in Electrical Engineering from Miami Dade College and an IT degree from American Intercontinental University and have worked as a Radio Frequency Engineer for the past 11 years. I am a Senior Radio Frequency Engineer for the New England Region of metroPCS, with an office at 285 Billerica Road, Chelmsford, Massachusetts. I am responsible for the metroPCS network design in North Andover. I write this Statement based upon my personal knowledge and in support of the accompanying application. metroPCS is an FCC licensed provider of wireless communications services throughout New England including North Andover, MA. In order to meet its obligations under the Code of Federal Regulations 47 C.F.R. § 27.14(a) , metroPCS must have in place a network of "cell sites" to serve mobile telephones or portable wireless devices throughout its license areas which includes the City of North Andover. As shown in the attached application, a typical "cell site" consist of equipment cabinets installed on the ground, roof, or in a room connected to antennas mounted on a tall structure such as a tower, a building or other structures. The antennas are connected to the equipment cabinet via thick coaxial cables, and the equipment cabinet is then connected to regular telephone lines from which calls will be routed to their intended destinations. North Andover is an area where metroPCS has identified a need to locate a wireless communications facility. A wireless telecommunications facility in this vicinity is necessary to provide coverage in the area and resolve a significant gap in metroPCS'wireless network. I have reviewed the accompanying application for the proposed installation of a wireless communications facility at 5 Boston Hill Rd. I have analyzed the potential benefits this site would represent to the metroPCS network and its' users through radio frequency propagation modeling. I employ computer simulations, which incorporate the results of field tests of existing facilities, to determine radio frequency (RF) coverage for the metroPCS system, and to identify gaps in coverage. These simulations model characteristics such as antenna type, antenna height, output power, terrain, ground elevation and RF propagation effects of the frequency utilized. An evaluation of the proposed location has indicated that an antenna height of seventy-four feet (116) above ground level (AGL) at this location is required to satisfy the coverage requirements for metroPCS' Network. Any reduction in the proposed height and/or antenna configuration would result in coverage footprint shrinkage. This significantly limits the site's effectiveness in connecting with surrounding sites and severely impacts the level of service metroPCS is attempting to provide. Changes to the site configuration would limit the site's ability to resolve a significant existing coverage inadequacy in North Andover. The antenna of the proposed facility would consist of a total of 3 antennas. In my opinion, the proposed location is well suited to meet metroPCS' network requirements in the area due to its location and topographic characteristics. The absence of a wireless communications facility at or near this location would adversely impact metroPCS' ability to provide the FCC mandated quality wireless communications services in the area. The metroPCS installation will not interfere with public safety communications, commercial television and/or radio signals and other licensed forms of radio frequency communication. All metroPCS equipment operating at the proposed communications facility and the resulting radio frequency exposure level will be compliant with Federal Communications Commission requirements as well as health and safety standards. Frantz Pierre Radio Frequency Engineer metroPCS June 26, 2009 metroPCS® Unlimit Yourself. June 26, 2009 RE: COMPLIANCE WITH FCC REGULATIONS REGARDING MAXIMUM PERMISSABLE EXPOSURE (MPE) LIMITS I have reviewed the accompanying application for the proposed installation of a wireless communications facility at 5 Boston Hill Rd, North Andover, MA. In 1985, the FCC established rules to regulate radio frequency (RF) exposure from FCC licensed antenna facilities. In 1996, the FCC updated these rules, which were further amended in August 1997 by a Second Memorandum Opinion and Order. These new rules represent a consensus of the federal agencies responsible for the protection of public health and the environment, including the Environmental Protection Agency (EPA), the Food and Drug Administration (FDA), the National Institute for Occupational Health and Safety (NIOSH), and the Occupational Safety and Health Administration (OSHA). Under the laws that govern the delivery of wireless communications services in the United States, as amended by the Telecommunications Act of 1996, the FCC has exclusive jurisdiction over RF emissions from personal wireless antenna facilities, which include cellular, PCS, AWS, messaging and aviation sites. Pursuant to its authority under federal law, the FCC has established rules to regulate the safety of emissions from these facilities. Table 1 below shows the MPE limits as stated by the FCC for public/uncontrolled and occupational/controlled environments. Table 1:Maximum Permissible Exposure limits Frequency Public/UncontrolledOccu ationaUcontrolled Cellular 550 ,1 W/cm2 2,750 #Wkm PCs 1000 ,1 W/cm 5,000 ,1 Wkm2 As shown in the table above, the limits for MPE levels for PCS is 1000,1 Wknm . The attached calculation shows the maximum power density from the metroPCS installation at this location to be 13.43/1 W/cm2 or 1.34% of the FCC limits for Personal Wireless Communications systems. Please feel free to forward any additional questions regarding the MPE limits to me. Sincerely, Frantz Pierre Radio Frequency Design Engineer FPierre@metroPCS.com POWER DENSITY CALCULATION M Site Information Site Name : ���■ Site Address Antenna Information Antenna Centerline(ft) 3505.2 cm @6ft 109 3322.32 cm Antenna Type: Kathrein 742351 ERP : 58.62 dBm 727.78 Wafts MPE Calculation MAXIMUM MPE(UW/CM2): 13.432205 Power Density= 0.64 x EIRP MAXIMUM % MPE: 1.34% n x R2 x 1000 SUMMARY Meets FCC Controlled Limits for The Antennas Systems. Meets FCC Uncontrolled Limits for The Antenna Systems. No Further Analysis Required. x"�OHk(f` •. Federal Communications Commission Page 1 of 2 iwireless Telecommunications Bureau ss Radio Station Authorization LICENSEE NAME: Met-OPCS AWS LLC FCC Registration Number(FRN) MARK A. STACHIW 0015005598 METROPCS AWS, LLC' 9144 WALNUTHILL LANE, SUITE 800 Gall Sign Fife Number DALLAS TX 75231 WQGA731 0002773870= Radio Se Mce: AW - AWS, 1710-1755{2110-2155 MHz bands Grant Date Effective Date Expiration Date Print Date 11-29-2006 11-29-2006 11-29-2021 11-30-2006 Market Number Channel Block Sub-Market Designator F' kEA001 D 0 Market Name: Northeast- l. 1 st Build-out Date 2nd Build-out Date 3rd Build-out Date 41h Build-out Date, SPECIAL CONDITIONS OR WAIVERS/CONDITIONS This authorization is conditioned upon the licensee. prior to initiating operations from any base or fixed station, making reasonable efforts to coordinate frequency usage with known co-channel and adjacent channel incumbent federal users operating in the 1710-1755 MHz band whose facilities could be affected by the proposed operations'. See, e.g. , FCC and NTIA Coordination Procedures in the 1710-17E5 MHz Banc, Public Notice, FCC 06-50, WTB Docket No. 02-353, rel. April 20, 2006. AWS operations must not cause harmful interference across the Canadian or Mexican Border. The ( "Special. Conditions or Waivers/Conditions" continued on next page . ..,) Conditions: Pursuant to Section 309(h)of the Communications Act of 1934,as amended,47 U.S.G.Section 309(h),this license is subject to the following conditions;This license shall not vest in the licensee any right to operate the station nor any right in the use of the frequencies designated in the license beyond the term thereof nor in any other manner than authorized herein Neithier the license nor the right granted thereunder shall be assigned or otherwise transferred in violation of the Communications Act of 1934, as amended. See 47 U.S.C.Section 310(d). This license is subject in terms to the right of use or control conferred by 'ection 706 of the Communications Act of 1934,as gmendegi. See 47 U.S C. Section 605 To view the geographic areas associated with the license,go to the Universal Licensing System(TILS)hornepage at —� �1ttp:111wirel4_ss.fcc.govluls and select"License Search". fallow the instructions on how to search for license information. Febn iary 2006 JUN-20-2009 08 :46 AM 9786823817 P. 01 v • A, ro ioo daAed db.AL dri of_ �Q09, Tlaa LLC, le D Hn*cd . wiiot� � � bti�rr t� y ' � ► '� its ACOa�►, or to not 1u 10sommy peddom Pita or s� (afthay bean ft of a bu�sg appacadw approval 'Cored}, which are owenw9y for 1AS"es plaoatust of a wieolm bmiy whbin a,porfm of tie Lcoroes wd p'opwtY*©o umumly kwm is Fa mm Fwm' is do floe of C u ty of Essex,Cityrrowm*ofNorth Andoww,legallY .dekaihed es:S Boom Dill(Map 107C/LOW l). Tldis Let r of A shall not 00091idfe an &Vxcjmt to intor into a mot Aad party f all be bowl with r ;Kd to the lmsh* of the Abiove mandowd prvpecty=W a final iae becO",,P ully exccftd betwen the PutbL I,BSSOR: . Za at EawttlNn Site leo.HOli�23A► Me Name.BoMon Hill ' ShaOo:Mamaciwertta Hudson Design Groupuc June 22,2009 Town of North Andover Planning Board 120 Main Street N. Andover,MA 01845 RE: MetroPCS Massachusetts LLC(MetroPCS) Telecommunication Equipment Noise Level,Site#BOS0523A 5 Boston Hill Road N. Andover,MA To whom it may concern: The purpose of this letter is to demonstrate that the project proposed by MetroPCS is in compliance with the Town of North Andover Zoning Bylaws,Section 8.9. My name is Daniel P. Hamm. I am a licensed professional civil engineer in the Commonwealth of Massachusetts,registration number 40720. 1 am an independent civil engineering consultant for the wireless industry located at 1600 Osgood Street, North Andover, Massachusetts. My professional services include providing professional engineering and consulting for design and construction of wireless facilities. i have been involved with the design and construction of wireless facilities throughout New England for over 12 years. I am familiar with the technical specifications, published acoustical noise levels and actual operating conditions of the Lucent Modcell Outdoor Macrocell utilized by Metro PCS. The proposed MetroPCS installation consists of two (2) Lucent Modcell 4.OB outdoor equipment cabinets and two (2) Lucent EZBfo battery cabinets. The Modcell cabinets and battery cabinets are free standing units that are mechanically fastened to the concrete floor of the equipment room on the 3rd floor of the existing building. During standard operating conditions,the climate control fans that are built into the Modcell cabinets create the maximum acoustical noise level of this equipment. Technical specifications from Lucent Technologies indicate that the maximum acoustical noise level of a single Modcell cabinet is approximately 65 dB(A) at a distance of approximately five (5) feet from the back of the cabinet. The noise level of two (2) Modcell cabinets operating simultaneously are approximately 67 dB(A) at a distance of five (5) feet. This sound is approximately equivalent to a small window type air conditioner or standard household dishwasher. The proposed battery cabinets and panel antennas do not produce noise during operation. Using the Lucent Technologies distance based noise attenuation; I have estimated the maximum acoustical noise levet at a distance of five (5)feet from the Modcell cabinets. The approximate linear distance from the proposed equipment to the exterior of the building in which the equipment will be located is five(5) feet. The estimated maximum at that distance for (2) cabinets operating simultaneously is approximately 67dB(A). This maximum acousfical noise level of 67dB(A) is a baseline estimate that does not account for sound attenuation from structures such as walls, vegetation and the elevation of the equipment of approximately 20' p:978.557.5553 3:978.336.56" a:1600 Osgood St.Bldg.20,We 2-101,N.Andover,MA 01845 Noise Attenuation Study BOS0523A Page 2 above ground level. Given that the MetroPCS installation will be located on the 3rd floor of existing building 20' aboveground level (which would account for a 15db(A) decrease of the equipment noise level),and will be contained inside equipment room,behind 10 Inch thick reinforced concrete walls,it is estimated that the sound level will be decreased by approximately 20 dB(A) for the equipment room. Therefore,the maximum estimated noise level at the base of the building in which the proposed equipment will be located is 32 dB(A). The Town of North Andover Zoning Boylaws, Section 8.9 states that wireless communication equipment shall not generate noise in excess of 50 decibels at the ground level at the base of the building closest to the wireless site. Therefore,based on the above information,it is my professional opinion that the predicted maximum acoustical noise levels from the MetroPCS equipment will be in conformance with the Town of North Andover requirements. Sincerely, Daniel P. Hamm, P.E.' President Hudson Design Group, I.I.C. 1600 Osgood Street Building 20,Suite 2-101 North Andover,MA 01845 Donald L. Haes, Jr., Ph.D., CHP Radiation Safety Specialist MA Radiation Control Program Health Physics Services Provider Registration#65-0017 PO Box 368,Hudson,NH 03051 Voice:603-303-9959 Fax:603-386-6315 Email:donald_haes_chp@myfairpoint.net June 29, 2009 Permitting Boards North Andover,MA Re: Proposed Metro Massachusetts,LLC("Metro")personal wireless services(PWS)panel antennas to be mounted on an existing lattice structure on the cement communications building located at 5 Boston Hill in North Andover,MA. PURPOSE I have reviewed the information pertinent to the proposed installation at the above location. In order to determine regulatory compliance, theoretical calculations and ambient RF field measurements of maximal radio-frequency[RF]fields have been prepared. The physical conditions are that Metro panel antennas are proposed to be mounted on an existing lattice structure of the cement communications building, located at 5 Boston Hill, North Andover, MA, such that the centerline of the antennas would be 115 feet above ground level[AGL](See Figure 1). This report considers the contributions of the proposed Metro transmitters operating at their maximum FCC-licenced capacity. The calculated and measured values of power density are presented as a percent of current Maximum Permissible Exposures [%MPE] as adopted by the Federal Communications Commission[FCC] ', ,and those established by the Massachusetts Department of Public Health[MDPH] '(With 100%signifying an acceptable amount). SUMMARY The measured existing ambient RF field levels indicate the maximum to be around four percent of the current State and Federal exposure guidelines. These RF measurements are accurate, and meet both FCC and the MDPH guidelines. Theoretical RF field calculations data for the proposed Metro personal wireless services contributions indicate a maximal potential RF field level at ground level to be less than one-tenth of one percent of the current RF exposure guidelines. This result means that there could be more than 1000 similar additional installations at this location, and still be within Federal and State guidelines for RF exposure. Based the theoretical RF fields I have calculated and measured, it is my expert opinion that this facility would comply with all regulatory guidelines for RF exposure to members of the public with the addition of the Metro personal wireless services antennas. Note:The analyses,conclusions and professional opinions are based upon the precise parameters and conditions of this particular site; 5 Boston Hill in North Andover,MA. Utilization of these analyses, conclusions and professional opinions for any personal wireless services installation,existing or proposed,other than the aforementioned has not been sanctioned by the author,and therefore should not be accepted as evidence of regulatory compliance. P y �f #o fAso- j Y - ��1°� f F0 Figure 1: Communications Site on Boston Hill in North Andover, MA. (Picture courtesy Microsoft Virtual EarthTM and may not represent current conditions) RF EXPOSURE LIMITS AND GUIDELINES The RF exposure guidelines adopted by the FCC are a combination of the standards published by the American National Standards Institute (ANSI) a and the National Council on Radiation Protection and Measurement(NCRP)5. Also applicable are those published by the MDPH 3. The RF exposure guidelines are divided into two categories:"Controlled/Occupational areas"(those areas restricted to access by RF workers only) and"Uncontrolled/Public Areas" (those areas unrestricted for public access). Listed in Table I below are the applicable RF exposure guidelines for uncontrolled areas as they pertain to the operating frequency band of the PWS facility. Table I: Maximum Permissible Exposure Values for Uncontroffed/Public Areas Frequency Band: Maximum Permissible Exposure: 300- 1500 MHz fl 1.5 inµW/cm2 1500- 100,000 MHz 1000µW/cm2 ` Note: 1 gW=0.000001 Watt For equivalent plane-wave power density,where f is the frequency in MHz(I C6 Hz). Page 2 of 12 PERTINENT SECTIONS OF THE ZONING BYLAWS* §8.9 Wireless Service Facilities (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 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. * Last Amended July 10,2006 Page 3 of 12 MEASUREMENT PROTOCOL RF field measurements were obtained on June 26, 2009, using accepted scientific procedures.',' The temperature was 77°F with sunny skies. The measuring equipment included a Narda model 8715 Electromagnetic Radiation Meter with model B8742D Broadband Isotropic Probe. The probe of choice in a mixed-frequency environment is the broadband type-that is,it responds to a wide range of frequencies. The Narda model B8742D probe provides a meter read-out in%MPE (percent FCC 1997 Maximum Permissible Exposure)for members of the general public within the frequency band of 300 kHz to 3 GHz(NOTE: 1 kHz= 1,000 cycles per second,l MHz= 1,000,000 cycles per second, and 1 GHz= 1,000,000,000 cycles per second). The RF field measurements were obtained at several locations in the general vicinity of the existing installation (See map, Figure 2). At each location, measurements were obtained by continuously scanning an area from the ground plane up to a height of six feet above ground level, referred to as the"Spatial Average". The spatial average readings,recorded as%MPE,represent the "preexistent RFR measurements as outlined in §8.9(8)(a) of the Zoning Bylaw. In addition, the highest reading during the spatial average was recorded as the"peak"reading. The results are listed in Table 2. NOTE:The readings in this report were compared with MPE values for members of the public. The accuracy of the measurement system is a combination of the following` : instrument accuracy,t 1.0%; calibration uncertainty,+0.5 dB (1.122), -0.5 dB (0.891); and probe isotropy error,+0.75 dB(1.189),-0.75 dB(0.841). A conservative approach is to obtain the root-sum-square (RSS)of the three factors as follows: ► If the meter reads high,RSS=[(0.01)2+(0.122)2+(0.189Y ]y',or 22.5 %higher than true value;the correction factor is 1/1+RSS=0.816. ► If the meter reads low,RSS=[(0.01)2+(1-0.891)2+(1-0.841)2]11,or 19.3%lower than true value;the correction factor is 1/1-RSS= 1.24. For this RF exposure analysis,the readings were multiplied by 1.24 to be conservative. The NARDA Microwave Corporation,435 Moreland Road,Hauppauge,NY, 11788. Page 4 of 12 RESULTS Table 2:Results of Broadband RF Field Measurements Location, Spatial Average Reading Peak Meter Reading See Figure 2 Corrected Corrected %MPE %MPE 1 2.85 3.74 2 2.75 3.84 3 0.27 0.40 4 0.27 0.39 5 0.20 0.28 6 0.16 0.24 7 0.19 0.25 8 0.19 0.28 9 0.16 0.30 10 0.16 0.27 �lq Hqr x; ,diia ..� .. ,:.++�` '.:♦ x a x §6 ry Figure 2.• Locations of RF Field Measurements Vicinity of Communications Building, 5 Boston Hill,North Andover, MA. (Picture courtesy Google Earth TM and may not represent current conditions) Page 5 of 12 THEORETICAL RF FIELD CALCULATIONS-GROUND LEVELS These calculations are based on what are called"worst-case"estimates. That is,the estimates assume 100% use of all transmitters simultaneously. Additionally, the calculations make the assumption that the surrounding area is a flat plane. The resultant values are thus conservative in that they over predict actual resultant power densities. s The calculations are based on the following information: 1. Effective Radiated Power[ERP]. 2. Antenna height(centerline,above ground level[AGL]). 3. Antenna vertical radiation patterns;the source of the negative gain[G]values."Directional" antennas are designed to focus the RF signal,resulting in"patterns"of signal loss and gain. Antenna vertical radiation patterns display the loss of signal strength relative to the direction of propagation due to elevation angle changes. The gain is expressed as"G E". Note: G is a unitless factor usually expressed in decibels [dB]; where G= 10(`'8"0). For example: for G=3,dB= 10("0) =2; for G=-3,dB= 10( "0) =0.5. To determine the magnitude of the RF field,the power density[S]from an isotropic RF source is calculated,making use of the power density formula:9 S = P • G Where: P—► Power to antenna(watts) 4 • TC * R 2 G—+Gain of antenna R—►Distance(range)from antenna source to point of intersection with the ground(feet) RZ=(Heighty+(Horizontal distance)2 Since P•G=EIRP(Effective Isotropic Radiated Power) for broadcast antennas,the equation can be presented in the following form: S = EIRP 4 • Tt • R2 In the situation of off-axis power density calculations,apply the negative elevation gain[G E]value from the vertical radiation patterns with the following formula: S = EIRP • GE 4 • Tt • R2 Page 6 of 12 Ground reflections may add in phase with the direct wave,and essentially double the electric field intensity. Because power density is proportional to the square of the electric field, the power density may quadruple,that is, increase by a factor of 4. Since ERP is routinely used,it is necessary to convert ERP into EIRP;this is readily done by multiplying the ERP by the factor of 1.64, which is the gain of a half-wave dipole relative to an isotropic radiator. Therefore, downrange power density estimates can be calculated by using the formula: S = 4 • (ERP • 1.6410 GE = ERP • 1.64 • GE = 0.522 • ERP • GE 4 R2 R2 R2 The theoretical power density calculations for the proposed Metro contributions are listed in Table 3 for each three degree increment of depression angle(90"being straight down at the base of the building,and 0*being straight out from the antenna). The values have been calculated for a height of six feet above ground level in accordance with regulatory rationale. To calculate the%MPE,use is made of the formula: % MPE= S 100 MPE The results of the theoretical calculations for the proposed Metro FCC-licenced contributions are depicted in Figure 3 as plotted against linear distance from the base of the building. Note that in addition to the six foot height,and depicted on the graph for reference only,values have been plotted for a height of 16 feet above ground level for comparison with a typical two-story structure. A logarithmic scale is used to plot the calculated theoretical O/oMPE values in order to compare with the MPE of 100%,which is so much larger that it would be off the page in a linear plot. NOTE: The curve in Figure 3 resembles a straight-line on the log-linear plot at distances beyond about two thousand feet. Within about two thousand feet, the curve is variable due to the application of the vertical radiation patterns. Page 7 of 12 Table 3: Theoretical RF Field Calculations for Proposed Metro Contribution Communications Site at 5 Boston Hill in North Andover,MA ERP=58.62 dBm(-728 Watts maximum,per sector)@ f=2135-2140 MHz Kathrein 742351 Antenna(proposed), Height= 115 feet[AGL,to top] General Population MPE= 1000 µW/cm2 @ f> 1500 MHz Depression Power Density Percent Angle Gain Distance from (µW/cm2) MPE (degrees) (0) base(feet) @ 6'AGL @ 6'AGL -90 -27.11 0 0.067 0.007% -87 -28.30 6 0.051 0.005% -84 -28.35 11 0.050 0.005% -81 -28.72 17 0.045 0.005% -78 -28.97 23 0.042 0.004% -75 -30.72 29 0.027 0.003% -72 -37.06 35 0.006 0.001% -69 -35.66 42 0.008 0.001% -66 -32.55 49 0.016 0.002% -63 -28.28 56 0.041 0.004% -60 -23.07 63 0.127 0.013% -57 -20.13 71 0.235 0.023% -54 -19.79 79 0.236 0.024% -51 -22.55 88 0.116 0.012% -48 -28.65 98 0.026 0.003% -45 -32.49 109 0.010 0.001% -42 -34.66 121 0.005 0.001% -39 -20.25 135 0.129 0.013% -36 -16.51 150 0.266 0.027% -33 -19.06 168 0.127 0.013% -30 -34.42 189 0.003 0.0000/0 -27 -24.96 214 0.023 0.002% -24 -27.67 245 0.010 0.001% -21 -32.59 284 0.002 0.000% -18 -25.86 335 0.009 0.001% -15 -22.10 407 0.014 0.001% -12 -29.20 513 0.002 0.000% -9 -24.37 688 0.003 0.000% -6 -9.36 1037 0.044 0.004% -3 -1.89 2080 0.061 0.006% 0 0 00 <0.001 Page 8 of 12 Figure 3. Theoretical l trntm Percent NIDE- vs.-Distance Including Metro PWS Contributions 100.000°'° '16'AGL -6AGL -IVIPE 10.ODO% W 1.000°fo 0.100% 0.010% Now 0.001% % 0 2000 4000 6000 9000 10000 Distance from Base [feet] Page 9 of 12 CONCLUSION The measured existing ambient RF field levels indicate the maximum to be around four percent of the current State and Federal exposure guidelines. These RF measurements are accurate, and meet both FCC and the MDPH guidelines. Theoretical RF field calculations data for the proposed Metro personal wireless services contributions indicate a maximal potential RF field level at ground level to be less than one-tenth of one percent of the current RF exposure guidelines. This result means that there could be more than 1000 similar additional installations at this location, and still be within Federal and State guidelines for RF exposure. The number and duration of calls passing through PWS facilities cannot be accurately predicted. Thus, in order to estimate the highest RF fields possible from operation of these installations,the maximal amount of usage was considered. Even in this so-called"worst-case,"the resultant increase in RF field levels are far below established levels considered safe. Based the theoretical RF fields I have calculated and measured, it is my expert opinion that this facility would comply with all regulatory guidelines for RF exposure to members of the public with the addition of the Metro personal wireless services antennas. Feel free to contact me if you have any questions. Sincerely Donald L.Haes,Jr.,A.D Certified Health Physicist Note:The analyses,conclusions and professional opinions are based upon the precise parameters and conditions of this particular site; 5 Boston Hiil in North Andover,MA. Utilization of these analyses, conclusions and professional opinions for any personal wireless services installation,existing or proposed,other than the aforementioned has not been sanctioned by the author,and therefore should not be accepted as evidence of regulatory compliance. Page 10 of 12 Donald L. Haes, Jr., Ph.D., CHP Radiation Safety Specialist MA Radiation Control Program Health Physics Services Provider Registration#65-0017 PO Box 368,Hudson,NH 03051 Voice: 603-303-9959 Fax: 603-386-6315 Email:donald_haes_chp@myfairpoint.net STATEMENT OF CERTIFICATION 1. I certify to the best of my knowledge and belief,the statements of fact contained in this report are true and correct. 2. The reported analyses,opinions,and conclusions are limited only by the reported assumptions and limiting conditions, and are personal, unbiased professional analyses, opinions and conclusions. 3. 1 have no present or prospective interest in the property that is the subject of this report and I have no personal interest or bias with respect to the parties involved. 4. My compensation is not contingent upon the reporting of a predetermined energy level or direction in energy level that favors the cause of the client, the amount of energy level estimate,the attainment of a stipulated result,or the occurrence of a subsequent event. 5. This assignment was not based on a requested minimum environmental energy level or specific power density. 6. My compensation is not contingent on an action or event resulting from the analyses, opinions,or conclusions in,or the use of,this report. 7. The consultant has accepted this assessment assignment having the knowledge and experience necessary to complete the assignment competently. 8. My analyses,opinions,and conclusions were developed and this report has been prepared,in conformity with the American Board of Health Physics [ABHP] statement of standards of professional responsibility for Certified Health Physicist. June 29,2009 Donald L.Haes,Jr., .D Date Certified Health Physicist Page 11 of 12 ENDNOTES 1 .Federal Register,Federal Communications Commission Rules;Radiofrequency radiation; environmental effects evaluation guidelines Volume 1,No. 153,41006-41199,August 7, 1996.[47 CFR Part 1;Federal Communications Commission]. 2 . Telecommunications Act of 1996,47 USC; Second Session of the 104!"Congress of the United States of America,January 3, 1996. 3 . 105 CMR 122.000:Massachusetts Department of Public Health,Non-Ionizing Radiation Limits for: The General Public from Non-Occupational Exposure to Electromagnetic Fields,Employees from Occupational Exposure to Electromagnetic Fields, and Exposure from Microwave Ovens. 4 .ANSM EEE C95.1-1999:American National Standard,Safety levels with respect to human exposure to radio frequency electromagnetic fields,from 3 KHz to 300 GHz(Updated in 2005). 5 .National Council on Radiation Protection and Measurements(NCRP);Biological Effects and Exposure Criteria for Radiofrequency Electromagnetic Fields,NCRP Report 86, 1986. 6. ANSUIEEE C95.3-1999: American National Standard,Recommended Practice for the Measurement of Potential Electromagnetic Fields-RF and Microwave. 7 . NCRP Report No. 119:National Council on Radiation Protection and Measurements, 1993; A Practical Guide to the Determination of Human Exposure to Radiofrequency Fields. 8 .Petersen RC and Testagrossa PA:Radio-Frequency Electromagnetic Fields Associated With Cellular Radio Cell-Site Antennas.Bioelectromagnetics, 13: 527-542; 1992. 9 .OET Bulletin 65: Federal Communications Commission Office of Engineering and Technology,Evaluating Compliance with FCC Guidelines for Human Exposure to Radiofrequency Electromagnetic Fields; Edition 97-01,August 1999. Page 12 of 12 COMMONWEALTH OF MASSACHUSETTS ESSEX,SS. LAND COURT MISC. DOCKET NO. a S(o 4 oZ� BOSTON HILL DEVELOPMENT, LLC, Plaintiff, V. ) BENJAMIN FARNUM,AT&T WIRELESS PCS, INC., and RICHARD S.ROWEN, ) r ALISON LESCARBEAU,JOHN SIMONS, ) NOTICE OF APPEAL ME RICHARD NARDELLA and JOSEPH V. MAHONEY, as they are Members of the ) TOWN OF NORTH ANDOVER PLANNING ) BOARD and not Individually, ) Defendants. ) To: Town Clerk Town of North Andover Pursuant to G.L. c.40A, §17,please take notice that on May 11, 1999,the plaintiff, Boston Hill Development,LLC,appealed the decision of the Town of North Planning Board(filed with the Office of the North Andover Town Clerk on April 21, 1999), granting AT&T Wireless PCS,Inc,'a special permit to install multiple antennas, equipment and cables on an existing telecommunications structure on Benjamin Farnum's property at 5 Boston Hill Road,North Andover,Masasachusetts. The appeal {J:\clients\lit\b3187\0101\NOTAPPL.DOQI} was filed in the Land Court, Boston, Massachusetts. A copy of the Complaint is attached. BOSTON HILL DEVELOPMENT, LLC By ey, ," ian C.Levey BBO# 54 9 Bowditch&Dewey 161 Worcester Road Framingham, Massachusetts 01701 (508) 879-5700 Dated: \� {J:\clientsVit\b3187\0101\NOTAPPL.DOC;I} -2 - COMMONWEALTH OF MASSACHUSETTS ESSEX, SS. LAND COURT MISC. DOCKET NO. aS(0 4 BOSTON HILL DEVELOPMENT, LLC, Plaintiff, ) V. ) COMPLAINT ) BENJAMIN FARNUM,AT&T WIRELESS ) PCS, INC., and RICHARD S. ROWEN, ) ALISON LESCARBEAU, JOHN SIMONS, ) RICHARD NARDELLA and JOSEPH V. MAHONEY, as they are Members of the TOWN OF NORTH ANDOVER PLANNING ) BOARD and not Individually, ) Defendants. ) Introduction I. This appeal arises under the Zoning Act, General Laws chapter 40A, § 17, and challenges a board of appeals' decision to grant a special permit to install multiple antennas, equipment and cables on a telecommunications tower and related facility abutting the plaintiff's planned multi-family residential development and recreational land. The Parties 2. The plaintiff, Boston Hill Development,LLC, is a Massachusetts limited liability corporation with a usual place of business at 11 Old Boston Road, Tewksbury, Middlesex County, Massachusetts("Boston Hill"). 1:\clients\lit\63187\0101\FARNCOM.DOC;1) 3. The defendant,Benjamin G.Farnum, is an individual who resides of 379 " Farnum Street,North Andover,Essex County, Massachusetts ("Farnum"). 4. The defendant,AT&T Wireless PCS, Inc., is a Delaware corporation with a usual place of business at 7277 164th Avenue,N.E., Redmond,Washington("AT&T Wireless"). 5. The defendant,Richard S. Rowen, is an individual who resides at 102 Bear Hill Road,North Andover, Essex County,Massachusetts and is sued in his capacity as chairman of the Town of North Andover Planning Board(the "Planning Board")and not individually. 6. The defendant,Alison Lescarbeau, is an individual residing at Laconia Circle,North Andover,Essex County,Massachusetts and is sued in her capacity as a member of the Planning Board and not individually. 7. The defendant,John Simons, is an individual who resides at 25 Ironwood Road,North Andover,Essex County,Massachusetts and is sued in his capacity as a member of the Planning Board and not individually. 8. The defendant,Richard Nardella, is an individual who resides at Hay Meadow Road,North Andover,Essex County,Massachusetts and is sued in his capacity as a member of the Planning Board and not individually. 9. The defendant,Joseph V. Mahoney, is an individual who resides at 24 Mill Pond,North Andover,Essex County, Massachusetts and is sued in his capacity as a member of the Planning Board and not individually. {J Ad ients\I it\b3187\0101\FARNCOM.DOC;1} -2 - Existing Conditons 10. Boston Hill owns a 33.35-acre parcel of land with frontage on the southerly side of Salem Turnpike also known as Route 114 in North Andover(the "Boston Hill Parcel"). For the past year,Boston Hill has been preparing and seeking permits necessary to develop a 79-unit, multi-family housing project on the Boston Hill Parcel. 11. The Boston Hill Parcel is zoned Village Residential which permits multi- family residential structures. Under the Town of North Andover Zoning By-law(the `Bylaw"),Boston Hill had to provide deeded open space for recreational,open space or conservation purposes as part of the proposed development. By decision dated March 10, 1999,Boston Hill obtained a variance from the North Andover Zoning Board of Appeals for its development which requires that Boston Hill set aside approximately 17 acres of its property"as open space in perpetuity for conservation, agricultural or recreational uses by deed restriction, dedication to the Town or other similar mechanism." 12. Farnum owns a 9.49 acre parcel of land adjacent to the Boston Hill Parcel (the"Locus"). The Locus is in the same zoning district and abuts the Boston Hill Parcel. 13. On information and belief,Farnum or his predecessors-in-interest obtained a variance in the late 1950's to allow for the construction of a structure in excess of the height limitation then in effect under the Bylaw for a telecommunications purposes. 14. On information and belief,as a result of said approval,the Locus contains a 85-foot tall concrete tower with a 62-foot tall triangular, lattice-style antenna located on top of it. (J:\clients\lit\b3i87\0101\FARNCOM.DOC;i) -3 - 15. On information and belief,the existing telecommunications structure is 4 t setback less than two times the tower's height with respect to the closest southerly and northerly property lines. 16. The Locus which houses the existing telecommunications structure abuts aouts Boston Hill's residential development and the land to be deeded in perpetuity for conservation,agricultural or recreational purposes on the Boston Hill Parcel. The existing telecommunications structure is visible from this nearby land as would be the proposed alterations by AT&T Wireless. Applicable Regulations and Laws 17. Section 8.9 of the Bylaw provides that 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 North Andover. 18. Section 8.9 (3)(c)(v) governs setback requirements for wireless service facilities which includes antennas,equipment and cables. In pertinent part, this section provides that all wireless service facilities shall comply with the building setback provisions of the zoning district in which the facility is located and that the minimum distance from the base of any ground-mounted wireless service facility to any property line shall be twice the height of the facility. 19. Section 8.9 (4)(d)(ii) states that wireless service facilities shall not be located within open areas that are visible from public roads, recreational areas or residential developments. (J:MientsUiAb318710IOITARNCOM.DOC;I) -4 - 20. Section 8.9 of the Bylaw sets forth various criteria with which an applicant must comply in order to obtain a special permit from the Planning Board. 21. The grant of a special permit under§ 8.9 also requires compliance with the criteria set forth for the approval for a special permit under § 10.3 of the Bylaw. 22. Section 8.9 (1)(a)also provides that, "[n]o wireless service facility shall be placed, constructed or modified within the Town without first obtaining site plan approval from the Special Permit Granting Authority." In turn, §8.3 of the Bylaw provides various criteria for the approval of a site plan. 23. Structures existing by virtue of the grant of a variance require a further variance to be modified, extended or otherwise altered. General Laws chapter 40A, § 10, sets forth the criteria for the grant of a variance. 24. Non-residential,nonconforming structures which are altered or extended must either comply with the Bylaw or obtain a variance and secure a finding under G.L.c. 40A, § 6, that the proposed alteration or extension is not substantially more detrimental to the neighborhood than the existing nonconformity. The AT&T Wireless Application and Decision 25. On or about February 16, 1999,AT&T Wireless and Farnum filed an application for special permit with the Planning Board to construct and maintain antennas, equipment and cables to the existing telecommunications structure on the Locus. 26. AT&T Wireless proposes to install nine(9)panel-style antennas in three (3) arrays of three(3) antennas each. Each panel antenna is 5 by 6 feet or thirty(30) {J:\cl ients\1it\b3187\0101\FARNCOM.DOC;1} S - square feet. Thus,AT&T Wireless proposes to add 270 square feet of antenna panels at a height of over 120 feet. 27. The public hearing commenced on March 16, 1999 and was continued to April 6 and April 20, 1999. At the close of the public hearing on April 20, 1999,the T . Planning Board voted to approve the special permit. 28. On April 21, 1999,the Planning Board filed its decision with the North _ Andover Town Clerk(the"Decision"). A true copy of the Decision is attached as Exhibit F-Xz u: A. 29. Boston Hill is a person aggrieved by the Decision. 30. The Decision is in excess of the Planning Board's authority and is arbitrary and capricious for several reasons which include,but are not limited to,the following: (A) The Planning Board failed to make and the Decision fails to recite sufficient findings in support of the purported grant of a special permit under § 8.9 of the Bylaw; (B) The Planning Board failed to make and the Decision fails to recite sufficient findings in support of the purported grant of a special permit under § 10.3 of the Bylaw; (C) The proposed extension of the existing tower violates the setback requirement in § 8.9(3)(c)(v). Nor does the Decision provide for the reduction of the required setback; (D) The proposed extension to the existing tower, which includes 270 square feet of antenna at a height of over 120 feet, is visible from {J:\clients\lit\b3187\0101\FARNCOM.DOC;1} -6 - the portion of the Boston Hill Parcel to be deeded conservation, agricultural or recreational land and Boston Hill's residential development generally in violation of § 8.9(4)(d)(ii). Nor did the Planning Board grant a variance from this requirement; - (E) AT&T Wireless failed to obtain all necessary zoning relief for its proposed project where it did not seek and receive site plan approval under§ 8.3 of the Bylaw; (F) AT&T Wireless failed to obtain all necessary zoning relief where, to extend the structure which existed by virtue of the grant of a variance,it did not seek and obtain a modification of said variance in accordance with G.L.c. 40A, § 10; (G) Alternatively,were the existing structure considered pre-existing, nonconforming,AT&T Wireless failed to obtain all necessary zoning relief where it did not seek or obtain a finding under G.L.c. 40A, § 6,and a variance to extend or alter the existing nonconformity. {J:\clients\lit\b3InOI01\FARNCOM.DOC;1} -7 - WHEREFORE,'Boston Hill requests that the Court: 1. Annul the Decision; 2. Award'the plaintiff its attorneys' fees and costs; 3. Grant such other and further relief deemed necessary by the Court: BOSTON HILL DEVELOPMENT,LLC _ By it orney, jrian C. Levey, Esq. BBO# 542129 Bowditch& Dewey, LLP 161 Worcester Road Framingham,MA 01778 (508) 879-5700 (J:\clients\lit\b3187\0101\FARNCOM.DOC;1) -8 - 10002 Town 0002 Town of North Andover OFMZ OF 40 COMMUNITY DEVELOPMENT AND SERVICES 3o school Street North Andover, Massachusetts 01845 -4GNu5� MLIAM J_SCOTT t.. C3 Director NOTICE OF DECISION ^— - __. .C:, Any appeal shall be filled -- within (20) days after the = '= rr. date of filling this Notice in the Office of the Town Clerk. nate epril 21,1999 Date of Hearing mArch~16, 1999, April 6, 1999 April 20, 1999 Petition of AT T wireless Premises affected5 BoGton•Hill Road _ Referring to the above petition for a special permit from the requirements of the North Andover zonin4 Bylaw section 8.9 SAO as to allow to install and operate, on a parcel of privately owned land at 5 Boston ill Road wireless communications facilities consisting of an antenna array& certain radio electrc is s telephone equipment After a public hearing given on the above date, the Planning Board voted to APPROVE the special Permit based upon the following conditions: Signe f r rU� ��:.� AZ CC: Director- of Public Works Richard S.Row in, Chairman Building Inspector Natural Resourcell-and Use Planner Alison Lescarbeau. V- Chairman Health Sanitarian Assessors John Simons. Clerk Police Chief Fire Chief Richard N4rdella Applicant -- Engineer Jose_pfi V Mahaney Towns Outside Consultant •. Planning Board File Interested Parties ComSERV ATION-07,91 6M 9530 IIE U.TII-{97K1.6BMA5�U Y1«t,�VING-i�?81 6NM-4'i s _ *pli1LJ[vG VFF(CE-(9'•8)6N11-y5i5 'ZONE\C i1nAAD OF:tNYEALS-(�)bm!-7�tt 't•��t•`t~ rli7_I:1' -- AT & T Wireless Services-5 Boston Hili Road X Special Permit The Planninu-Board herein approves the Special Permit to install and operate. on a parcel of privately owned land at 5 Boston Hill Ruad wireless communications facilities consisting of an antenna array (to be mounted to e:cisting steel lattice tower) and certain radio electronic and tciephone equipment(to be installed on second floor o f r:vcisting building that serves as the base of the lattice tower) in the Vie Residential Zottinc District. This Special Permit was requested by AT &T Fireless PCS. 400 Blue Hill Drive, Suite 100, Westwood. MA o2,090-216 1. This application and additional documentation as cited herein was filed with the Planning Board on February 16, 1999 with subsequent submittals on file, The Planning Board makes the following findings as required by the North Andover Zoning Bylaw Section 8.9: FINDINGS OF FACT: 1. The specific site is an appropriate location for the project as it is,being collocated on an existing wireless location, 2. The use as developed will not adversely affect the neighborhood as indicated by the: analysis conducted by AT&T and Donald Flaw. 1 The carrier has dcrnonstraced that the facility is necessary in order to provide adegtauc service to the public. 4. The plan meets the requirements of the Wireless Service Facilities by-law section 8.9. ;. Adequate and appropriate facilities will be provided for the proper operation of the proposed use. Finally the Planning Board finds that this pro,1ect generally complies with the Town of ions North Andover Zoning Bylaw requirements as listed in Section grants but .approval ro� to the is order to be fully in compliance. The Planning Board hereby �trants an app applicant provided the following conditions are met: SPECIAL CONDITIONS: 1: Discontinuance Abandonment a) At such time that a licensed carrier plans to abandon or diigontinue 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 wtfC. S 7 C 5�it,fY icrs- B'ston I tiU Ii�xu! 1 - operations.In the event that a licensed carrier Wis to give such notice tthe wireless _. service facility shall be considered abandoned upon discontinuation of operations. b) (:pun abandomnent 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, count, 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 gradina 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 escmw_a sum of money to cover the costs of removing the facility from the subject pruperty. Said amount shall he certified by an engineer, architect or other qualified professional registered to practice in the Cornawnwealth of Massachusetts. Said funds shall be held by an independent escrow agent to be appointed by the carrier and the SPCiA_ 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 shalt be deemed to be abandoned or discontinued if it has not been used for the purpose for which it wsis originally constructed for a period of-sire (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 that the carrier fails to remove the facility, the town shall give notice to the carrier and 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. 2) Performance Guarantees a) Insurance in a reasonable amount determked and approved by the SPGR after consultation at the expense of the applicant with one (1) or more insurance companies shall be in force to cover damagre from the structure, damage from transmissions and other site liabilities. Annual proof of said insurance must be filed with the SPGR. } 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 AT,k T Wireicss Serviccs—5 13oston 1•i111 Koad 2 facility onterms.to be agreed upon by the carrier and the SPGA as a c,pt►dition of approval of the special permit: c) Annual certification demonstrating continuing compliance with the standards of the Federal Communications Commission. Federal Aviation Administration and ft American National Standards institute shall be filed with the SPGA by the Special Permit holder. 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. b) 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 or the Special Permit, preexistent and current RFR measurements. Such measurements shall be signed and certified by an RF engineer, stating that PER measurements are accurate and are in compliance or why the measurements fail to comply with all applicable FCC Guidclines as specified in Section 8.9(4)(c)(1) RFR Piling Requirements of this Bylaw. The measurements shall be submitted for both the applicant and all co-locators. c) Atter 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 enggaincer, stating that noise measurements are accurate and meet the Noise Standards sub-section cant shall forward to a separate consulting 6.13.14.5 of this Bylaw. The applicant applicant eneineer, selected by the Town, the above materials for review_ The app shall pay for such review. d) The applicant and ct)-applicant or their successor in interest shall maintain the wireless service facility in good condition, Such nnaintenance shall include, but shall not be limited to, painting, structural integrity of the mount and security barrier and maintenance of the buffer and landscaping. 4. Prior to the endorsement of the plans by the Planning Hoard, the Rpplicaut must comply with the following conditions: a) The applicant shall provide a map indicating the intended locations for testing as required above. A- &'r W hell's Sereiu:s—5 8tston"111 Kuud 3 b) A bond in the amount of 55,000 shall be posted for the purpose gbsuring that a final as-built plan showing the location of all on-sits: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 ofNorth Andover. This check will.then be deposited into an interest bearing escrow account. 5. Prior to the start of construction: a) 3 construction schedule shall be submitted to the Plannin`= Staff for the: purpose of tracking the construction and informin¢the public of anticipated activities on the site. ' c) The applu:fint shall determine the gree.Mistutg conditions of the noise levels emanating from the site are to determine the baseline noise conditions of the site area.. The noise survey willprovide evidence of the origin of surrounding noise and therefore a bascline condition from which the applicant determine their increases. The noise levels shall not increase the broadband level by more Then 10 dB (a) above the ambient levels or produce a-pure tone"condition as set forth in UAQC Policy 90-o01,the guideline.for 310 CiMR.7.10. The applicant may use relevant profesa-ional sound emitting data from the prior building use to build a baseline based on prior use of the building and grounds. References to sources for data must be eluded in the material. d) The applicant shall provide the necessary escrow accounts and imuraeicc as required in the above sections. 3, Prior to FORM U verification (Building Permit Issuance): a) The final site plan mylars must be endorsed and three (3) copies of rhe signed plans must be delivered to the Planning Department. b) A certified copy of the recorded decision must be submitted to the Planning Department. 4. Prior to verification of the Certificate of Use and OccuPancv: a) The applicant must submit a letter from the architect or engineer of rhe 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. b) All lighting shall have under ound wiring and shall.be so arranged that all direct rays from such lighting falls entireh within dw-^site and shall be shielded or recessed so as not to shine upon abutting properties or streets. The Plarnueto Office must approve any changes to the approved (ightinar plan as submitted by the applicant. A 1'&T wire:ess Services— 5 aoston I lill Rand 4 .r+' 5. Prior to the final release of security: A final as-built plan Showing' final construction and location of the wireless hardware shall be submitted to and reviewed by the Planning Staff. 6. Any stockpiling of materials (dirt,wood, construction material, etc.) must be shown on"a plan and reviewed and approved by the Planning Stall: Any approved Piles must remain cowered at all times to minimize any dust.problems that may occur with adjacent properties. Any stock piles to remain for loner than one week must be fenced off and covered. In an effort to reduce noise levels, the applicant Shull keep in optitrutm vvorlcirlx order, through re+ ubu maintenance, any and all equipment that shall emanate sounds from the structures or site. 8. leo equipment or other equipment that will emanate noise-exceeding levels cited herein shall be placed an the exterior of the structure. Such equipment shall be enclosed as shown on the plans. 9. All site lighting shall provide security foc the site and structures however it must not create any blare or project any light onto adjacent residential properties. 1 The contractor shall contact Dig Safe at least 72 hours prior to commcnein any excavation 13. The provisions of this conditional approval shall apply to and be binding upon the applicant. its employees and all successors and assigns in interest or control. 14_ Any action by a Town Board. Commission,or Department that requires chances in the plan or design of the building as presented to the Planning Board, may be subject to modification by the Planning Board. 15. 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 f p�� approval 16. This Special Permit shall be deemed to have lapsed after two years from the date permit granted unless substantial use or construction has commenced_ Substantial use or construction will be determined by a majority dote of the Planning Board. 17. No further structures-shall be zonstructed on the ground frgFn the base of the tower within an area equal to twice the height of the tower on which the devices are to be installed. :1T T 1Ar ircluss Sctvicri—: t3uswr. 11iI1 Ru:ul 5 18. The following information shall be deemed part of the decision Plan titled: AT &T Wireless Services Boston Hill North Andover. MA 01845 E 424.2 Prepared for: AT&T Wireless Services 400 Blue Hill Road, Suite 100 Westwood; MA M-090-2160 Prepared by: Greenman-Pedersen- Inc. ConsultingEngineers 33 Boston Post Road Marlborough,MA O1752 Dated: February 12. 1999 Sheets: 1 through 19 b) Report: Application to Planning Board Town of North Andover bv AT&T Wireless Services February 16. 1999 Prepared for: AT&T Wireless PCS 400 Blue Hill Drive Suite 100 Westwood MA 02090-2161 Co-Applicant Benjamin Farnurn LLC 397 Famum Street-forth Andover Prepared by: Thomas G. Schnorr Attorney for AT&T Wireless Services Palmer &Dodge One Beacon Street Boston Mass. 02108 cc. Director of Public Works Building Inspector Health Administrator Assessors Conservation Administrator Planning Board Police Chief Fire Chief Applicant Eneineer File ?.T&- -i' w ircicss Serlic=-5 130"ton Hill ROW 6 TOWN OF NORTH ANDOVER OFFICE OF TOWN CLERK 120 MAIN STREET NORTH ANDOVER,MASSACHUSETTS 01845 N6RTF( Of tt4au,°��C Joyce A.Bradshaw o Telephone(978)688-9501 Town Clerk " FAX(978)688-9556 M ��SSRGNUS I, Virginia S. Sullivan, do certify that this appeal (Boston Hill Development, LLC, v. Benjamin Farnum, AT&T Wireless PCS, Inc., and Richard S. Rowen, Alison Lescarbeau, John Simons, Richard Nardella and Joseph V. Mahoney, as they are Members of the Town of North Andover Planning Board and not Individually, defendents) was filed on Tuesday, May 11, 1999 at approximately 12:59 p.m. in the Office of the Town Clerk. 1 it is S. ullivan Sworn to and acknowledge before me this 18'h day of May, 1999 922eft. Eaton, Notary Public My Commission Expires: September 28, 1001 TOWN OF NORTH ANDOVER OFFICE OF TOWN CLERK 120 MAIN STREET NORTH ANDOVER,MASSACHUSETTS 01845 OE NCSRTr{1ti Joyce A.Bradshaw Town Clerk `�� Telephone(978)688-9501 , FAX(978)688-9556 rao CHUg tom. I, Virginia S. Sullivan, do certify that this appeal (Boston Hill Development, LLC, v. Benjamin Farnum, AT&T Wireless PCS, Inc., and Richard S. Rowen, Alison Lescarbeau, John Simons, Richard Nardella and Joseph V. Mahoney, as they are Members of the Town of North Andover Planning Board and not Individually, defendents) was filed on Tuesday, May 11, 1999 at approximately 12:59 p.m. in the Office of the Town Clerk. iz� 55 Vir inia S Sullivan Sworn to and acknowledge before me this 18th day of May, 1999 ef6 -- anet L. Eaton, Notary Public My Commission Expires: September 28, 2001 TOWN OF NORTH ANDOVER OFFICE OF TOWN CLERK 120 MAIN STREET NORTH ANDOVER,MASSACHUSETTS 01845 of ,,,up 6+>{ Joyce A.Bradshaw Town Clerk s Telephone(978)688-9501 * * FAX(978)688-9556 �1ssgCN�15 t� I, Virginia S. Sullivan,do certify that this appeal (Boston Hill Development, LLC, v. Benjamin Farnum, AT&T Wireless PCS, Inc., and Richard S. Rowen, Alison Lescarbeau, John Simons, Richard Nardella'and Joseph V. Mahoney, as they are Members of the Town of North Andover Planning Board and not Individually, defendents) was filed on Tuesday, May '11, 1999 at approximately 12:59 p.m. in the Office of the Town Clerk. it nia S. Sugivan Sworn to and acknowledge before me this 18th day of May, 1999 iT- anet L. Eaton, Notary Public My Commission Expires: September 28, 2001 tf 1i S INTERCO ) NTY U 3 n :. NORTH ANDOVER Town Clerk 120 Main Street NORTH ANDOVER, MA 01845 l U� Dear Filing Officer: Enclosed please find 2filings . Included is a self-addressed stamped envelopeU� nd a check not to exceed $200 . 00 . , Kindly return acknowledgements by mail ** IF YOU ENCOUNTER ANY PROBLEMS, PLEASE THE FILINGS, AND TELEPHONE OUR DOCUMENT MANAGEMENT SERVICES DEPARTMENT. OUR TOLL-FREE NUMBER IS : (800) 229-4422 . (CONTINENTAL U. S . ONLY. ALASKA & HAWAII CALL COLLECT. ) Thank you in advance for your prompt attention to this matter! Sincerely, Document Management Service Dept . Intercounty Clearence Corp. (800)229-4422 Exts: 3701, 3702 , 3703, 3704 Fedex - 15 MA - NORTH ANDOVER 4} •� ,JOYCE BRA iAW �y t f(K NORTH ANDOVER NORfiM �4 � ��YER -74 aY 11 12 s PN ' y HAY 12 18 cr; ^z �2 CIO T � Q �T! 4loM; W m 430 Ln q 4 C=3 p Q nJ Q � = Q k � Ls 81 I aF, i�d LS HAOQNb HiVON � X10 TMO NMO.L -7W *7- tWefelll�- -71:�.Y