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HomeMy WebLinkAboutNEW CINGULAR WIRELESS PCS, LLC RECEIVE© c� aORTN 9 TOWINI CLERK'S OFFICE Town of North Andover Office of the Planning Departmeaq OCT -7 .FM 3; 52 Community Development and Services Division} ", .. .:.. TO4elOr "^CH"PPt�yr 1600 Osgood Street NOR + p OV R SACHUS� NORTH ���ULJGI~Fl , North Andover,Massachusetts 01845 l: KSSACI-IUSETTS NOTICE OF DECISION Any appeal shall be filed within (20)days after the date of filing this notice in the office of the Town Clerk. Date: October 6,2009 Date of Hearings: September 25,2009, October 6,2009 Date of Decision: October 6,2009 Application of: New Cingular Wireless PCS, LLC ("AT&T") Premises Affected 0 Chestnut St. (aikla 300 Chestnut St.) Map 98C,Parcel 2 Referring to the above petition for a renewal of a Wireless Special Permit from the requirements of the North Andover Zoning Bylaw, Sections 8.9 Wireless Service Facilities and Section 2.65 Special Permit Granting Authority: So as to allow the renewal of a Special Permit to continue operation of 12 coaxial cable antennas on an existing wireless service tower located at 0 Chestnut St.(a/k/a 300 Chestnut St.)and an 12 ft.by 20 ft.equipment shelter for ancillary equipment. The Special Permit was originally granted by the North Andover Planning Board on May 31,2006 and was recorded on June 30,2006.After litigation with the North Andover Board of Appeals was decided in favor of AT&T by a Federal Court Judgment issued on September 25,2006, the facility was constructed according to a Building Permit issued by the Town of North Andover Building Inspector on July 24,2007. Upon a motion by Michael Walsh and a 2nd by Tim Seibert,the Planning Board hereby APPROVES the renewal of a Wireless Special Permit for an installation of a Wireless Facility on an existing structure by a vote of 6 in vor and 0 against. On behA of the North An/over Planning Board John Simons,Chairman Richard Rowen Timothy Seibert Michael Walsh Courtney LaVolpicelo Michael Colantoni 1 The Planning Board herein approves the renewal of the Special Permit to continue operation of the Wireless Facility, which consists of 12 coaxial cable antennas on an existing wireless service tower located at 0 Chestnut St. (a/k/a 300 Chestnut St.) and an 11 ft. by 26 ft. equipment shelter for ancillary equipment. The renewal of the Special Permit was requested by Stephen Anderson, Esq., Agent for New Cingular Wireless PCS, LLC ("AT&T'). This application and additional documentation as cited herein was filed with the Planning Board on August 3, 2009, with subsequent submittals on file. The applicant submitted a complete application which was noticed and reviewed in accordance with Sections 8.3, 8.9, 10.3, and 10.3.1 of the Town of North Andover Zoning Bylaw and MGL c.40A, Sec. 9. The Planning Board finds that the applicant has met the following requirements as required by the North Andover Zoning Bylaw Section 8.9: FINDINGS OF FACT: 1. The renewal application meets the filing requirements of the Wireless Service Facilities By-law Section 8.9.12. The applicant has demonstrated that the proposed wireless facility is in compliance with FCC regulations regarding Maximum Permissible Exposure (MPE) limits, as indicated by the submittals and reports provided by the applicant,authored by Donald L. Haes, PhD. The reports are dated September 16, 2008 and September 7, 2009, with addendums dated September 25,2009 and September 26,2009. The conclusion stated in the reports is that the applicant's Wireless Facility installation contributes a maximum RF exposure of less than one-tenth of one percent of the current State and Federal permissible exposure guidelines. The Telecommunications Act of 1996 prohibits this Board from taking health effects of RF transmissions into account beyond FCC requirements. 2. The applicant had also demonstrated that the site is in compliance with the Noise Standards as set forth in section 8.9.8(b). 3. The Planning Board received input and answered questions from residents. However, the Planning Board believes that the applicant has demonstrated compliance with the Town of North Andover Zoning Bylaw requirements for this application. Finally the Planning Board finds that this project generally complies with the Town of North Andover Zoning Bylaw requirements as listed in Section 8.9 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 2 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. iii) Restoring the location of the wireless service facility in its condition before the installation, except that any landscaping and grading shall remain the after-condition. c) The equipment shall be deemed to be abandoned or discontinued'if it has not been used for the purpose forwhich 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 from the subject property within ninety days. 2) Term of Special Permit. a) A Special Permit issued for this wireless service facility shall be valid for three (3) years from the date of the decision for the Special Permit renewal. 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) The applicant shall submit to the SPGA at annual intervals from the date of the decision for the Special Permit renewal,. preexistent and current RFR measurements. Such measurements shall be signed and certified by an RF engineer, stating that RFR 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(5)(d)(vii) RFR Filing Requirements of this Bylaw. The measurements shall be submitted for both the applicant and all co-locators. If the 3 applicant fails to comply with this requirement, the Special Permit will be revoked,until such time that the installation is brought into compliance with FCC Guidelines. c) The applicant shall submit.to the SPGA at annual intervals from the date of decision of the Special Permitrenewal, 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 8.9.(5)(d)(vi) of this Bylaw. The applicant shall forward to a separate consulting engineer, selected by the Town,the above materials for review. The applicant shall pay for such review. 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 and structural integrity of the antennas. 3) 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. 4) 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. 5) The following information shall be deemed part of the decision: a) Application titled: Application for Special Permit Renewal New Cingular Wireless PCS,LLC ("AT&T") c/o Stephen Anderson Anderson&Kreiger One Canal Park Suite 200 Cambridge,MA 02141 Prepared for: New Cingular Wireless PCS,LLC("AT&T) b) Documentation Submitted: 1 Original Special Permit Decision,date May 8,2006. 2 Court Judgment,New Cingular Wireless PCS LLC,Defendants, dated October 4, 2006. 3 Certificate of.Amendment of a Foreign Liability Company. 4 i 4 Building Permit,dated July 24,2007. 5 Original Site Plan,titled,"North Andover-SBA COLO, Site No: BOS-020 (855)". 6 RF Emissions Report preparedby Donald L.Haes,dated September 16,2008 and September 7,2009. 7 Addendum to RF Emission Reports,prepared by Donald L. Haes,dated September 26,2009 and September 25,2009. 8 Engineer Final Affidavit,prepared by Bradford Mills. P.E.,dated October 1, 2009. ca r-- C7 —4 < t7 i'*J tR3 5 NORTH �r.�+ O�Ai�Ro r6'�N R E-CEIVED [y fttxf �`E_ if�L iso a° 2006 JUN —9 PM 4: 27 41 c«.cwc F '9 SwCHVS t V V,1111 0'F HVITH AlrsZZN L h PLANNING DEPARTMENT MASSAC;HU„ Community Development Division NOTICE OF DECISION Any appeal shall be filed within(20)days after the date of filing this notice in the office of the Town Clerk. Date: May 8,2006 Date of Hearing(s):May 16 and May 30,2006 Date of Decision: May 31,2006 Petition of: New Cingular Wireless PCS,LLC. 580 Main.Street Bolton,MA 07140 Premises Affected: 0 Chesbiut Stream,Assessors Map 98C,Parcel 2 Residential 3 Zoning District Referring to the above petition with provisions fry Section 8.9 of the North Andover Zoning Bylaw for a Site Plan Special Permit for the installation of twelve(12)coaxial cable antennas on an existing wireless service facility/tower and an 1 l'x 26'equipment shelter for ancillary equipment. Property is located within the Residential 3 (R3)zoning district. At a public hearing given on the above date,the Planning Board voted to APPROVE a Site Plan Special Permit with a unanimous vote of 5-0 based on the foll - c fitiitiions: Lincoln Daley,Town f1mmer cc: Applicant Engineer Richard Nardek Chair Abutters John Simons,Vice Chair Town Departments Richard,Rowen,acting Clerk AlbeW Angles Jack Green New Cingular Wireless PCS,LLC 0 Chestnut Street,Map 98C,Parcel 2 Site Plan Special Permit The Planning Board herein approves the Special Permit to install twelve(12)coaxial cable antennas on an existing 152' tower and an 11' x 26' equipment shelter for ancillary equipment within the existing fenced area. The affected property is located at 0 Chestnut Street, Map 98C, Parcel 2 within the Residential 3 Zoning District. This Special Permit was requested by New Cingular Wireless PCS, LLC., 580 Main Street,Bolton, MA 07140. This application and additional documentation as cited herein was filed with the Planning Board on March 10, 2006 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 co-located on an existing wireless location. 2. The use as developed will not adversely affect the neighborhood as indicated by the analysis conducted by Arvin Sebastian, Radio Frequency Specialist, Cingular Wireless and Mark F. Hutchins, Radio Frequency Engineer, Outside Consultant for the Town of North Andover. 3. The carrier has demonstrated that the facility is necessary in order to provide adequate service to the public. 4. The plan meets the requirements of the Wireless Service Facilities By-law section 8.9. The granting of the Site Plan Special Permit is subject to the granting of the Variance from the Zoning Board of Appeals from Section 8,Paragraph 8.9(3)(c)(v), minimum requirements of the distance to the lot fines in order to install additional antennas on the existing antenna tower. 5. Adequate and appropriate facilities will be provided for the proper operation of the proposed use. The visual impacts of the project will be diminutive and represents a marginal addition to the existing wireless service facility. Finally the Planning Board finds that this project generally complies with the Town of North Andover Zoning Bylaw requirements as listed in Section 8.9 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 2 New Cingular Wireless PCS,LLC 0 Chestnut Street,Map 98C,Parcel 2 Site Plan Special Permit 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 caer 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. c) As a condition of any special permit for the placement, construction or modification of 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 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) 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) 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. 3 New Cingular Wireless PCS,LLC 0 Chestnut Street,Map 98C,Parcel 2 Site Plan Special Permit b) After the equipment on the facility is in operation, the applicant shall submit to the SPGR, 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. This condition shall be in effect until such time as an additional carrier proposes equipment on this facility. At that time,this obligation will fall upon the proponent of the additional equipment so as to obtain a better measure of the cumulative effect of the facility. c) 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. 3. 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$1,000 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 shalt 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. 4. 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. 5. 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. c) The granting of the Site Plan Special Permit is subject to the granting of the Variance from the Zoning Board of Appeals from Section 8,Paragraph 8.9(3)(c)(v), minimum requirements of the distance to the lot lines in order to install additional antennas on the 4 New Cingular Wireless PCS,LLC 0 Chestnut Street,Map 98C,Parcel 2 Site Plan Special Permit existing antenna tower. A copy of the decision granting said Variance must be submitted to the Planning Department. 6. Prior to verification of the Certificate of Use and 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. b) All lighting(if applicable)placed by the carrier on the subject property shall have underground wiring and shall be so arranged that all direct rays from such lighting falls entirely within the site and shall be shielded or recessed so as not to shine upon abutting properties or streets. The Planning Office must approve any changes to the approved lighting plan as submitted by the applicant. 7. 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. 8. 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 stockpiles to remain for longer than one week must be fenced off and covered. 9. 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. 14. 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. 11. 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. 12. The contractor shall contact Dig Safe at least 72 hours prior to commencing 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. 5 New Cingular Wireless FCS,LLC 0 Chestnut Street,Map 98C,Parcel 2 Site Plan Special Permit 14. 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. 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. 16. This Special Permit approval 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 vote of the Planning Board. 17. The following waivers were granted in determining this decision: a) 8.9.5.d.ii.4 — Waiver to provide a map of all wireless communications facilities in and within 1 mile of North Andover. b) 8.9.5.d.iii.3 -Waiver requiring the depiction of tree cover. c) 8.9.5.d.iii.4 — Waiver requiring the depiction of all buildings on properties adjacent to subject property. d) 8.9.5.d.iii.8 — Waiver to provide distance, grade from the proposed wireless communication facility to each building on the vicinity plan. e) 8.9.5.d.iii.9 — Waiver to provide contours at 2 feet AMSL for the subject property and adjacent properties within 300 feet. f) 8.9.5.d.iii.12 — Waiver to provide lines representing the sight line showing the viewpoint and visible point from"Sight Lines" subsection. g) 8.9.5.d.iv—Waiver to provide sight lines and photographs. h) 8.9.5.d.v.3 —Waiver to provide"color board". i) 8.9.5.d.v.6—Waiver to provide landscape plan. j) 8.9.5.d.v.7 - Waiver to schedule a balloon test with the Planning Board at the proposed site. k) 8.9.5.d.v.8—Waiver to provide FAA lighting printout. 1) 8.9.5.d.vi- Waiver to provide noise-filing requirements. m) 8.9.5.d.viii.2-Waiver to provide hazardous waste identification filing requirement. 18. The following information shall be deemed part of the decision: Plan titled: Cingular Wireless Site Name:North Andover—SBA COLO Site No.: BOS-020(855) Prepared for: Cingular Wireless PCS, LLC. 580 Main Street Bolton, MA 07140 Prepared by : Clough Harbour&Associates LLP 313 Littleton Road, Suite 15 6 New Cingular Wireless PCS,LLC 0 Chestnut Street,Map 98C,Parcel 2 Site Plan Special Permit Chelmsford, MA 01824-3364 Dated: 11/24/04, Revised 12/23/04 Sheets: T01, C01, COI A, C01 C, CO2-CO5,E01-E6 Report: Application for Site Plan Special Permit by Cingular Wireless PCS, LLC., March 10, 2006 Prepared for: Cingular Wireless PCS,LLC. Prepared by: Anderson&Kreiger LLP 43 Thorndike Street Cambridge, MA 02131-1764 cc. Applicant Engineer DPW Building Department 7