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HomeMy WebLinkAboutMiscellaneous - 300 CHESTNUT STREET (2) t 01-dqL 2001 DEC 24 FICO►I'MONWEALTH OF MASSACHUSETTS Yr �X COUNTY - ESSEX COUNTY SUPERIOR COURT DEPT. PARTIES: Steven Tryder vs. North Andover Planning Board: Timothy Siebert, Richard Nardella, John Simons, Richard Rowen, Alberto Angles, Lincoln Daley and Land Owners: Jack E. Carter & Raymond B. Agler and Petitioner: Sprint Spectrum, L.P. FACTS: Parties are legal residents of North Andover and abutters to the site located at 300 Chestnut Street, North Andover. The North Andover Planning Board is authorized to issue special permits for wireless facilities in the Town. Sprint has applied for a renewal of a special permit at 300 Chestnut Street which expired in 2003. SPRINT has violated the conditions of their original special permit and the Parties believe that this installation imposes visual blight on the neighborhood, diminishes the use and value of their property, and affects their ability to resell due to its location in the middle of a residential neighborhood less than 300 feet from their homes where the legal setback is 600 feet. The North Andover Planning Board held hearings on 8/2/07 thru 11/20/07 and plaintiffs objected to issuing of a renewal due to expiration of the original permit, failure to comply with bylaw requirements, and failure to obtain a new variance from the Zoning Board of Appeals. The Planning Board granted the special permit on November 20, 2007 and filed it with the Town Clerk's Office on December 4, 2007. A COPY OF THE PERMIT IS ATTACHED. The issuance of the special permit exceeds the authority of the Planning Board and was arbitrary and capricious. PRAYER FOR RELEASE: Whereby the Plaintiffs request that this Court annul the special permit awarded by the Planning Board of North Andover. Signe Date: Steven Tryder pro se FILED 386 Chestnut Street Foy H SUPERIOR i Essex North Andover, MA 01845 DEC 2 4 2007 CLERK Town of North Andover Office of the Planning annmg Department • Community Development and Services Division; RECEIVED ss�cHus� LandingOsgood g�°St B� �3 2007 DEC —4 Pry is 27 Lincoln Daley North Andover,Massachusetts 01845 Town Planner r ^;ATE! P(978)688-9535 r t 0 R T I F(978)688-9542 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:December 3,2007 .Date of Hearings: August 2,2007 du u November 20,2007 Date of Decision: November 20,2007 Petition of: Sprint Spectrum,L.P. Sprint Nextel 9 Crosby Drive Bedford,MA 01730 Premises Affected: 300 Chestnut Street,Map 98C,Parcel 2 within the R-3 Zoning District. Referring to the above petition for a Renewal of a Site Plan Review Special Permit, from the requirements of the North Andover Zoning Bylaw, Section 8.3, 8.9, and 10.3. Renewal of a Special Permit for the operation of an existingwireless communication facility within the R-3 zoning district. At a public hearing given on the above date the Planning Board voted to APPROVE a Renewal of a Site Plan Review Special Permit based on the following conditions: Signed- John sf� John Simons, A ing Chairman Richard Rowen Alberto Angles, Clerk Timothy Seibert BOARD OF APPEALS 688-9542 BUILDING 68&9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535 300 Chestnut Street Sprint Spectrum L.P. Renewal of Special Permit The PlanningBoard ard herein approves the Special Permit Renewal so as to allow the applicants to operate a wireless service facility including nine panel antennas and associated cabling, utilities, and equipment on an existing tower structure in the Residential 3 Zoning District. This renewal is granted pursuant to Massachusetts General Law, Chapter 40A and Section 8.9.12 of the North Andover Zoning Bylaw, and will extend the above referenced Special Permit for a period three years. This Special Permit Renewal was requested by Sprint Spectrum LP,P.O. Box 614, Stowe, VT 05672. The application and additional documentation as cited herein was filed with the Planning Board on August 3, 2007. During the review process, the Applicant and its professional consultants also submitted various revisions to the plans along with various supplemental memoranda and correspondence in response to requests by the Planning Board, and by the various departments within the Town of North Andover that reviewed the project. All of these plans, reports and correspondence are contained in the Planning Board's files and are hereby incorporated by reference into the public record for this hearing. 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 collocated on an existing wireless location. 2. The use as developed will not adversely affect the neighborhood as indicated by the submittals and reports referenced at the end of this decision in Condition#15. 3. The carrier has demonstrated that the continuation of the facility is necessary in order to provide adequate service to the public as indicated by the submittals and reports referenced at the end of this decision in Condition#15. 4. The plan meets the requirements of the Wireless Service Facilities By-law section 8.9,with the exception of the waivers granted hereby and listed in Condition#14. 5. Adequate and appropriate facilities will be provided for the proper continued operation of the proposed use. The lattice structure,antennas cables and equipment area are described in detail on the plans and reports referenced herein. Each carrier's proposed equipment shelter will be an unoccupied,unmanned, specialized area for the wireless communications equipment. 6. The Radio-Frequency emissions of the facility meet applicable FCC guidelines and regulations. 7. The application is for the renewal of the Special Permit and as such,no new structures, antennas, cables,or equipment will be constructed or installed. Finally,Planning Board find that the project is in harmony with the general purpose and intent of the Town of North Andover Zoning Bylaw and generally complies with the requirements of the Bylaw as listed in Section 8.3, 8.9,and 10.3,but requires conditions in order to be fully in compliance. The Planning Board hereby grants an approval to the applicant provided the following conditions are met: 1 300 Chestnut Street Sprint Spectrum L.P. Renewal of Special Permit SPECIAL CONDITIONS: 1. Discontinuance Abandonment a) At such time that a licensed carrier plans to abandon or discontinue operation of wireless service equipment, such carrier will notify the Town by certified US mail of the proposed date of abandonment or discontinuation of operations. Such notice shall be given no less than 30 days prior to abandonment or discontinuation of operations.In the event that a licensed carrier fails to give such notice, the wireless service equipment shall be considered abandoned upon discontinuation of operations. b) Upon abandonment or discontinuation of use, the carrier shall physically remove the wireless service equipment placed on the site by the carrier within 90 days from the date of abandonment or discontinuation of use. "Physically remove"shall include,but not be limited to: i) Removal of antennas, mount,equipment shelters and security barriers installed by the carrier (unless the same will continue to be used by the owner)from the subject property. ii) Proper disposal of the waste materials generated by the carrier from the site in accordance with local and state solid waste disposal regulations. c) As a condition of any special permit for the placement,construction or modification of a wireless service equipment at the site, the carrier shall place into escrow a sum of money to cover the costs of removing the facility from the subject property. Said amount shall be certified by an engineer, architect or other qualified professional registered to practice in the Commonwealth of Massachusetts. Said funds shall be held by an independent escrow agent to be appointed by the carrier and the SPGA.The carrier shall authorize and,as necessary,shall obtain the authorization of the owner of the property to allow the escrow agent to enter upon the subject property to remove the facility when the facility has been abandoned or discontinued. In the event the posted amount does not cover the cost of demolition and/or removal the Town may place a lien upon the property covering the difference in cost. d) The equipment shall be deemed to be abandoned or discontinued if it has not been used for the purpose for which it was originally constructed for a period of six (6) months or more. Once abandonment or discontinuance has occurred, the carrier shall remove the equipment placed by the carrier from the subject property within ninety days. In the event that the carrier fails to remove the equipment,the town shall give notice to the carrier and the independent escrow agent that the equipment shall be removed by the escrow agent forthwith and the escrow agent, after affording written notice seven days in advance to the carrier, shall remove the facility. 2. Performance Guarantees a) Insurance in a reasonable amount determined and approved by the SPGA after consultation at the expense of the applicant with one(1)or more insurance companies shall be in force to cover damage from the equipment on the structure,damage from transmissions and other site liabilities. Annual proof of said insurance must be filed with the SPGA. b) Funds, sufficient in the opinion of the SPGA to cover annual maintenance of the equipment on 2 300 Chestnut Street Sprint Spectrum L.P. Renewal of Special Permit the facility,shall be placed into escrow and shall be held by the independent escrow agent who shall be authorized to expend the funds for the maintenance of the equipment on the facility on terms to be agreed upon by the carrier and the SPGA as a condition of approval of the special permit. c) Annual certification demonstrating continuing compliance with the standards of the Federal Communications Commission,Federal Aviation Administration and the American National Standards Institute shall be filed with the SPGA by the Special Permit holder. Said information shall be submitted by July 1 of each year. 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) 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 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(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 shall submit to the SPGA within 90 days of the issuance of the Special Permit renewal, 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 of this Bylaw. 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. d) The applicant and co-applicant or their successor in interest shall maintain the wireless service equipment in good condition. Such maintenance shall include, but shall not be limited to, painting, structural integrity of the flagpole-style monopole and maintenance of the buffer and landscaping,as applicable. e) The applicant shall provide the necessary escrow accounts and insurance as required in the above sections. f) A certified copy of the recorded decision must be submitted to the Planning Department. 3 300 Chestnut Street Sprint Spectrum L.P. Renewal of Special Permit g) 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. 4. 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. 5. In an effort to reduce noise levels, the carriers shall keep their respective equipment in optimum working order, through regular maintenance, any and all equipment that shall emanate sounds from the structures or site. 6. No equipment or other equipment that will emanate noise-exceeding levels cited herein shall be places on the exterior of the structure. Such equipment shall be enclosed as shown on the plans. 7. 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. 8. The original Special Permit granted on May 16, 2000 and approved site plans referenced in Condition #15 by the Planning Board are herein incorporated by reference. The applicant and its successors shall comply with any/all terms and conditions of the said Special Permit. 9. The provisions of this approval shall apply to and be binding upon the applicant, its employees and all successors and assigns in interest or control. 10. The applicant shall immediately inform the Planning Department in writing of any/all changes in name, company ownership,and contact information. 11. 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. 12. 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. 13. In accordance with Section 8.9.12 of the Zoning Bylaw,this Special Permit approval shall be deemed to have lapsed after three(3)years from the date permit granted,that date being November 20,2007. Prior to the expiration date of the renewed special permit,the applicant and its successors shall file a Renewal application. 14. The following waivers were granted in determining this decision: a. Section 8.9(5)(d)(ii)(4)—Map showing other preexistent and approved wireless service facilities in North Andover and outside North Andover within one miles of its boundary. b. Section 8.9(5)(d)(ii)(5)—GPS or equivalent system locating by latitude and longitude wireless service facilities. 4 300 Chestnut Street Sprint Spectrum L.P. Renewal of Special Permit c. Section 8.9(5)(d)(iii)(3)—Tree cover on the subject property and all properties directly abutting the subject property,by dominant species and average height. d. Section 8.9(5)(d)(iii)(4)—Outline of all existing buildings,including purpose on subject property and all properties adjacent to the subject property. P rtY. e. Section 8.9(5)(d)(iii)(8)—Identify the distances,at grade; from the proposed wireless service facility to each building on the vicinity plan. f. Section 8.9(5)(d)(iii)(9)—Contours at each 2 feet AMSL for the subject property and adjacent properties within 300 feet. g. Section 8.9(5)(d)(iii)(12)—Line representing the sight line showing viewpoint and visible point from"Sight Lines"subsection below. h. Section 8.9(5)(d)(iv)—Sight Lines and Photographs: i. Section 8.9(5)(d)(vii)(3)—Letter from the Massachusetts Department of Health approving the location of the site. 15. The following information shall be deemed part of the decision: a) Plan titled: Sprint PCS Site Name: SBA Tower 300 Chestnut Street N.Andover,MA BS33XC422F Prepared for: Sprint Spectrum L.P. P.O.Box 614 Stowe, VT 05672 Prepared by: Bay State Design Associates,Inc. 266 Summer Street Boston,MA 02210 Dated: December 12, 1999,Revised 1/28/00,3/15/00,4/4/00,4/19/00 Sheets: T-1,C-1 through C-3,A-1, S-1 through S4,E-2 through E4. b) Application: Application for the renewal of a Special Permit Under Sections 8.9 and 10.3 of the North Andover Zoning Bylaw 300 Chestnut Street,North Andover Map 98C,Lot 001 (the"Property") Prepared for: Sprint Spectrum L.P.and its affiliate Nextel Communications of the Mid-Atlantic,Inc.(the"Applicant") Prepared by: Prince,Lobel,Glovsky&Tye LLP 100 Cambridge Street, Suite 2200 Boston,MA 02114 Dated: August 3,2007 Pages: Tab A,Tab B,Tab C c) Application: Response Memorandum And Request For Waivers Under Sections 8.9 and 10.3 of the North Andover Zoning Bylaw 5 300 Chestnut Street Sprint Spectrum L.P. Renewal of Special Permit 300 Chestnut Street,North Andover Map 98C,Lot 00 (the"Property") Prepared for: Sprint Spectrum L.P.and its affiliate Nextel Communications of the Mid-Atlantic,Inc.(the"Applicant") Prepared by: Prince,Lobel,Glovsky&Tye LLP 100 Cambridge Street, Suite 2200 Boston,MA 02114 Dated: November 1,2007 Pages: Tabs 1 through 4 d) Report: Radio Frequency Field Survey Site Number: BS23XC422 Site ID:MA2105 Site Name:Den Rock Park Site Address: 300 Chestnut Street,North Andover MA 01845 Prepared for: Sprint Spectrum L.P. P.O.Box 614 Stowe,VT 05672 Prepared by: C2 Systems 136 Harvey Road Londonderry,NH 03053 Dated: August 3,2007 Pages: 1 through 47 e) Report: Environmental Sound Levels Evaluation Sprint Spectrum Proposed Addition to Existing Wireless Communications Facility MA-2105,300 Chestnut Street,North Andover,MA Prepared for: Sprint Spectrum L.P. P.O.Box 614 Stowe,VT 05672 Prepared by: Cavanaugh Tocci Associates,Incorporated 327 F Boston Post Road Sudbury,MA 01776 Dated: July 24,2007 Pages: 1 through 12,Appendix A,Appendix B,Appendix C f) Report: Structural Analysis Report 152' Guyed Tower North Andover,Massachusetts Nextel Site#MA 2105;Den Rock Park Prepared for: General Dynamics Information Technology,Inc. Prepared by: All-Points Technology Corporation 150 Old Westside Road North Conway,New Hampshire 03860 Dated: October 26,2007 Pages: 1 through 6,Appendix A,Appendix B,Appendix C g) Report: Structural Analysis for SBA Network Services,Inc. 6 300 Chestnut Street Sprint Spectrum L.P. Renewal of Special Permit 150' Guyed Tower Site Name: North Andover,Massachusetts Site ID:MAO 1085-A FDH Project Number 07-0335E Prepared for: SBA Network Services,Inc. Prepared by: FDH Engineering,Inc. PO Box 99556 Raleigh,NC 27615 Dated: March 16,2007 Pages: 1 through 9 CC. Building Inspector Applicant Engineer 7 NORTH Town of North Andover pF�t�•• a�4. Office of the Planning Department } r CDVED - ,* Community Development and Services Division+ ` Osgood Landing . �SsACH�as1600 Osgood Street 7097 DEC -4 PM 1: 28 Building#20,Suite 2-36 North Andover,Massachusetts 01845 Lincoln Daley ;J A I Ur Town Planner i�GRTH A NGo r" P 978 688-9535 A S-I S A LIM—t �" F(978)688-9542 - NOTICE OF DECISION Bldg. ZBA Con/Com Health Fire Chief Police Chief Any appeal shall be filed `own Clerk DPW/Engineers within(20) days after the date of filing this Notice in the office of the Town Clerk. Date:December 3,2007 Date of Hearings: August 2,2007 thru November 20,2007 Date of Decision: November 20,2007 Petition of: Sprint Spectrum, L.P. Sprint Nextel 9 Crosby Drive Bedford,MA 01730 Premises Affected: 300 Chestnut Street,Map 98C,Parcel 2 within the R-3 Zoning District. Referring to the above petition for a Renewal of a Site Plan Review Special Permit,from the requirements of the North Andover Zoning Bylaw, Section 8.3, 8.9, and 10.3. Renewal of a Special Permit for the operation of an existing wireless communication facility within the R-3 zoning district. At a public hearing given on the above date the Planning Board voted to APPROVE a Renewal of a Site Plan Review Special Permit based on the following conditions: Signed: on 6CA.%1f&f John Simons, ALSting Chairman Richard Rowen Alberto Angles, Clerk Timothy Seibert BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535 300 Chestnut Street Sprint Spectrum L.P. Renewal of Special Permit ' The Planning Board herein approves the Special Permit Renewal so as to allow the applicants to operate a wireless service facility including nine panel antennas and associated cabling, utilities, and equipment on an existing tower structure in the Residential 3 Zoning District. This renewal is granted pursuant to Massachusetts General Law, Chapter 40A and Section 8.9.12 of the North Andover Zoning Bylaw, and will extend the above referenced Special Permit for a period three years. This Special Permit Renewal was requested by Sprint Spectrum LP, P.O. Box 614, Stowe, VT 05672. The application and additional documentation as cited herein was filed with the Planning Board on August 3, 2007. During the review process,the Applicant and its professional consultants also submitted various revisions to the plans along with various supplemental memoranda and correspondence in response to requests by the Planning Board, and by the various departments within the Town of North Andover that reviewed the project. All of these plans, reports and correspondence are contained in the Planning Board's files and are hereby incorporated by reference into the public record for this hearing. The Planning Board makes the following findings as required by the North Andover Zoning Bylaw Section 8.9: FINDINGS OF FACT: I 1. The specific site is an appropriate location for the project as it is collocated on an existing wireless location. I 2. The use as developed will not adversely affect the neighborhood as indicated by the submittals and I reports referenced at the end of this decision in Condition#15. I 3. The carrier has demonstrated that the continuation of the facility is necessary in order to provide adequate service to the public as indicated by the submittals and reports referenced at the end of this decision in Condition#15. I 4. The plan meets the requirements of the Wireless Service Facilities By-law section 8.9,with the exception of the waivers granted hereby and listed in Condition#14. 5. Adequate and appropriate facilities will be provided for the proper continued operation of the proposed use. The lattice structure,antennas cables and equipment area are described in detail on the plans and reports referenced herein. Each carrier's proposed equipment shelter will be an unoccupied,unmanned, specialized area for the wireless communications equipment. 6. The Radio-Frequency emissions of the facility meet applicable FCC guidelines and regulations. 7. The application is for the renewal of the Special Permit and as such,no new structures antennas P h, � , cables, or equipment will be constructed or installed. Finally,Planning Board find that the project is in harmony with the general purpose andintent of the Town of North Andover Zoning Bylaw and generally complies with the requirements of the Bylaw as listed in Section 8.3, 8.9, and 10.3, but requires conditions in order to be fully in compliance. The Planning Board hereby grants an approval to the applicant provided the following conditions are met: i I 300 Chestnut Street Sprint Spectrum L.P. Renewal of Special Permit SPECIAL CONDITIONS: 1. Discontinuance Abandonment a) At such time that a licensed carrier plans to abandon or discontinue operation of wireless service equipment, such carrier will notify the Town by certified US mail of the proposed date of abandonment or discontinuation of operations. Such notice shall be given no less than 30 days prior to abandonment or discontinuation of operations. In the event that a licensed carrier fails to give such notice, the wireless service equipment shall be considered abandoned upon discontinuation of operations. b) Upon abandonment or discontinuation of use, the carrier shall physically remove the wireless service equipment placed on the site by the carrier within 90 days from the date of abandonment or discontinuation of use. "Physically remove"shall include,but not be limited to: i) Removal of antennas, mount, equipment shelters and security barriers installed by the carrier (unless the same will continue to be used by the owner) from the subject property. ii) Proper disposal of the waste materials generated by the carrier from the site in accordance with local and state solid waste disposal regulations. c) As a condition of any special permit for the placement,construction or modification of a wireless service equipment at the site, the carrier shall place into escrow a sum of money to cover the costs of removing the facility from the subject property. Said amount shall be certified by an engineer, architect or other qualified professional registered to practice in the Commonwealth of Massachusetts. Said funds shall be held by an independent escrow agent to be appointed by the carrier and the SPGA. The carrier shall authorize and,as necessary,shall obtain the authorization of the owner of the property to allow the escrow agent to enter upon the subject property to remove the facility when the facility.has been abandoned or discontinued. In the event the posted amount does not cover the cost of demolition and/or removal the Town may place a lien upon the property covering the difference in cost. d) The equipment shall be deemed to be abandoned or discontinued if it has not been used for the purpose for which it was originally constructed for a period of six (6) months or more. Once abandonment or discontinuance has occurred, the carrier shall remove the equipment placed by the carrier from the subject property within ninety days. In the event that the carrier fails to remove the equipment,the town shall give notice to the carrier and the independent escrow agent that the equipment shall be removed by the escrow agent forthwith and the escrow agent, after affording written notice seven days in advance to the carrier, shall remove the facility. 2. Performance Guarantees a) Insurance in a reasonable amount determined and approved by the SPGA after consultation at the expense of the applicant with one(1)or more insurance companies shall be in force to cover damage from the equipment on the structure, damage from transmissions and other site liabilities. Annual proof of said insurance must be filed with the SPGA. b) Funds, sufficient in the opinion of the SPGA to cover annual maintenance of the equipment on 2 300 Chestnut Street Sprint Spectrum L.P. Renewal of Special Permit ' the facility,shall be placed into escrow and shall be held by the independent escrow agent who shall be authorized to expend the funds for the maintenance of the equipment on the facility on terms to be agreed upon by the carrier and the SPGA as a condition of approval of the special permit. c) Annual certification demonstrating continuing compliance with the standards of the Federal Communications Commission,Federal Aviation Administration and the American National Standards Institute shall be filed with the SPGA by the Special Permit holder. Said information shall be submitted by July 1 of each year. 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) 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 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(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 shall submit to the SPGA within 90 days of the issuance of the Special Permit renewal, 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 of this Bylaw. 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. d) The applicant and co-applicant or their successor in interest shall maintain the wireless service equipment in good condition. Such maintenance shall include, but shall not be limited to, painting, structural integrity of the flagpole-style monopole and maintenance of the buffer and landscaping,as applicable. e) The applicant shall provide the necessary escrow accounts and insurance as required in the above sections. f) A certified copy of the recorded decision must be submitted to the Planning Department. i 3 300 Chestnut Street Sprint Spectrum L.P. Renewal of Special Permit g) 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. 4. 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. 5. In an effort to reduce noise levels, the carriers shall keep their respective equipment in optimum working order, through regular maintenance, any and all equipment that shall emanate sounds from the structures or site. 6. No equipment or other equipment that will emanate noise-exceeding levels cited herein shall be places on the exterior of the structure. Such equipment shall be enclosed as shown on the plans. 7. 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. 8. The original Special Permit granted on May 16, 2000 and approved site plans referenced in Condition #15 by the Planning Board are herein incorporated by reference. The applicant and its successors shall comply with any/all terms and conditions of the said Special Permit. 9. The provisions of this approval shall apply to and be binding upon the applicant, its employees and all successors and assigns in interest or control. 10. The applicant shall immediately inform the Planning Department in writing of any/all changes in name, company ownership,and contact information. 11. 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. 12. 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. 13. In accordance with Section 8.9.12 of the Zoning Bylaw,this Special Permit approval shall be deemed to have lapsed after three (3)years from the date permit granted,that date being November 20, 2007. Prior to the expiration date of the renewed special permit,the applicant and its successors shall file a Renewal application. 14. The following waivers were granted in determining this decision: a. Section 8.9(5)(d)(ii)(4)—Map showing other preexistent and approved wireless service facilities in North Andover and outside North Andover within one miles of its boundary. b. Section 8.9(5)(d)(ii)(5)—GPS or equivalent system locating by latitude and longitude wireless service facilities. 4 300 Chestnut Street Sprint Spectrum L.P. Renewal of Special Permit g c. Section 8.9(5)(d)(iii)(3)—Tree cover on the subject property and all properties directly abutting the subject property,by dominant species and average height. d. Section 8.9(5)(d)(iii)(4)—Outline of all existing buildings,including purpose on subject property and all properties adjacent to the subject property. e. Section 8.9(5)(d)(iii)(8)—Identify the distances,at grade; from the proposed wireless service facility to each building on the vicinity plan. f. Section 8.9(5)(d)(iii)(9)—Contours at each 2 feet AMSL for the subject property and adjacent properties within 300 feet. g. Section 8.9(5)(d)(iii)(12)—Line representing the sight line showing viewpoint and visible point from"Sight Lines"subsection below. h. Section 8.9(5)(d)(iv)—Sight Lines and Photographs: i. Section 8.9(5)(d)(vii)(3)—Letter from the Massachusetts Department of Health approving the location of the site. 15.The following information shall be deemed part of the decision: a) Plan titled: Sprint PCS Site Name: SBA Tower 300 Chestnut Street N.Andover,MA BS33XC422F Prepared for: Sprint Spectrum L.P. P.O.Box 614 Stowe,VT 05672 Prepared by: Bay State Design Associates, Inc. 266 Summer Street Boston,MA 02210 Dated: December 12, 1999,Revised 1/28/00, 3/15/00,4/4/00,4/19/00 Sheets: T-1,C-1 through C-3,A-1, S-1 through S-4,E-2 through E-4. b) Application: Application for the renewal of a Special Permit Under Sections 8.9 and 10.3 of the North Andover Zoning Bylaw 300 Chestnut Street,North Andover Map 98C,Lot 001 (the"Property") Prepared for: Sprint Spectrum L.P. and its affiliate Nextel Communications of the Mid-Atlantic, Inc. (the"Applicant") Prepared by: Prince,Lobel, Glovsky&Tye LLP 100 Cambridge Street, Suite 2200 Boston,MA 02114 Dated: August 3,2007 Pages: Tab A, Tab B, Tab C c) Application: Response Memorandum And Request For Waivers Under Sections 8.9 and 10.3 of the North Andover Zoning Bylaw 5 300 Chestnut Street Sprint Spectrum L.P. Renewal of Special Permit 300 Chestnut Street,North Andover Map 98C,Lot 001 (the"Property") Prepared for: Sprint Spectrum L.P. and its affiliate Nextel Communications of the Mid-Atlantic,Inc. (the"Applicant") Prepared by: Prince,Lobel,Glovsky&Tye LLP 100 Cambridge Street,Suite 2200 Boston,MA 02114 Dated: November 1, 2007 Pages: Tabs 1 through 4 d) Report: Radio Frequency Field Survey Site Number: BS23XC422 Site ID: MA2105 Site Name: Den Rock Park Site Address: 300 Chestnut Street,North Andover MA 01845 Prepared for: Sprint Spectrum L.P. P.O. Box 614 Stowe,VT 05672 Prepared by: C2 Systems 136 Harvey Road Londonderry,NH 03053 Dated: August 3, 2007 Pages: 1 through 47 e) Report: Environmental Sound Levels Evaluation Sprint Spectrum Proposed Addition to Existing Wireless Communications Facility MA-2105, 300 Chestnut Street,North Andover,MA Prepared for: Sprint Spectrum L.P. P.O. Box 614 Stowe,VT 05672 Prepared by: Cavanaugh Tocci Associates, Incorporated 327 F Boston Post Road Sudbury,MA 01776 Dated: July 24,2007 Pages: 1 through 12,Appendix A,Appendix B,Appendix C f) Report: Structural Analysis Report 152' Guyed Tower North Andover,Massachusetts Nextel Site#MA 2105;Den Rock Park Prepared for: General Dynamics Information Technology,Inc. Prepared by: All-Points Technology Corporation 150 Old Westside Road North Conway,New Hampshire 03860 Dated: October 26,2007 Pages: 1 through 6,Appendix A,Appendix B,Appendix C g) Report: Structural Analysis for SBA Network Services, Inc. 6 300 Chestnut Street Sprint Spectrum L.P. Renewal of Special Permit ' 150' Guyed Tower Site Name:North Andover, Massachusetts Site ID:MA01085-A FDH Project Number 07-0335E Prepared for: SBA Network Services,Inc. Prepared by: FDH Engineering,Inc. PO Box 99556 Raleigh,NC 27615 Dated: March 16,2007 Pages: 1 through 9 CC. Building Inspector Applicant Engineer I it 7 S r pORTM Town of North Andover oto*�•• ,•��O Office of the Planning Department NE, 49 Community Development and Services Division ,,, -, • ',.;.�•• '' Osgood Landing c► ►►5tt� 1600 Osgood Street ZLGI DEC -4 P 1: 2"1 Building#20,Suite 2-36 Lincoln Daley North Andover,Massachusetts 01M Town Planner ` ` P(978)688-9535 mi 5s; F(978)688-9542 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: December 3,2007 Date of Hearings: August 2,2007 thru November 20,2007 Date of Decision: November 20,2007 Petition of Sprint Spectrum,L.P. Sprint Nextel 9 Crosby Drive Bedford,MA 01730 Premises Affected: 300 Chestnut Street,Map 98C,Parcel 2 within the R-3 Zoning District. Referring to the above petition for a Renewal of a Site Plan Review Special Permit, from the requirements of the North Andover Zoning Bylaw, Section 8.3, 8.9, and 10.3. Renewal of a Special Permit for the operation of an existing wireless communication facility within the R-3 zoning district. At a public hearing given on the above date the Planning Board voted to APPROVE a Renewal of a Site Plan Review Special Permit based on the following conditions: Signed: - G/ —o" 6elf of John Simons, A ing Chairman Richard Rowen Alberto Angles, Clerk Timothy Seibert BOARD OF APPEALS 688-9541 BLJILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535 300 Chestnut Street Sprint Spectrum L.P. Renewal of Special Permit The Planning Board herein approves the Special Permit Renewal so as to allow the applicants to operate a wireless service facility including nine panel antennas and associated cabling, utilities, and equipment on an existing tower structure in the Residential 3 Zoning District. This renewal is granted pursuant to Massachusetts General Law, Chapter 40A and Section 8.9.12 of the North Andover Zoning Bylaw, and will extend the above referenced Special Permit for a period three years. This Special Permit Renewal was requested by Sprint Spectrum LP, P.O. Box 614, Stowe, VT 05672. The application and additional documentation as cited herein was filed with the Planning Board on August 3, 2007. During the review process, the Applicant and its professional consultants also submitted various revisions to the plans along with various supplemental memoranda and correspondence in response to requests by the Planning Board, and by the various departments within the Town of North Andover that reviewed the project. All of these plans, reports and correspondence are contained in the Planning Board's files and are hereby incorporated by reference into the public record for this hearing. 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 collocated on an existing wireless location. 2. The use as developed will not adversely affect the neighborhood as indicated by the submittals and reports referenced at the end of this decision in Condition#15. 3. The carrier has demonstrated that the continuation of the facility is necessary in order to provide adequate service to the public as indicated by the submittals and reports referenced at the end of this decision in Condition#15. 4. The plan meets the requirements of the Wireless Service Facilities By-law section 8.9,with the exception of the waivers granted hereby and listed in Condition#14. 5. Adequate and appropriate facilities will be provided for the proper continued operation of the proposed use. The lattice structure, antennas cables and equipment area are described in detail on the plans and reports referenced herein. Each carrier's proposed equipment shelter will be an unoccupied,unmanned, specialized area for the wireless communications equipment. 6. The Radio-Frequency emissions of the facility meet applicable FCC guidelines and regulations. 7. The application is for the renewal of the Special Permit and as such,no new structures,antennas, cables, or equipment will be constructed or installed. Finally,Planning Board find that the project is in harmony with the general purpose and intent of the Town of North Andover Zoning Bylaw and generally complies with the requirements of the Bylaw as listed in Section 8.3, 8.9, and 10.3,but requires conditions in order to be fully in compliance. The Planning Board hereby grants an approval to the applicant provided the following conditions are met: I 1 300 Chestnut Street Sprint Spectrum L.P. Renewal of Special Permit SPECIAL CONDITIONS: 1. Discontinuance Abandonment a) At such time that a licensed carrier plans to abandon or discontinue operation of wireless service equipment, such carrier will notify the Town by certified US mail of the proposed date of abandonment or discontinuation of operations. Such notice shall be given no less than 30 days prior to abandonment or discontinuation of operations. In the event that a licensed carrier fails to give such notice, the wireless service equipment shall be considered abandoned upon discontinuation of operations. b) Upon abandonment or discontinuation of use, the carrier shall physically remove the wireless service equipment placed on the site by the carrier within 90 days from the date of abandonment or discontinuation of use. "Physically remove"shall include,but not be limited to: i) Removal of antennas,mount, equipment shelters and security barriers installed by the carrier (unless the same will continue to be used by the owner) from the subject property. ii) Proper disposal of the waste materials generated by the carrier from the site in accordance with local and state solid waste disposal regulations. c) As a condition of any special permit for the placement,construction or modification of a wireless service equipment at the site, the carrier shall place into escrow a sum of money to cover the costs of removing the facility from the subject property. Said amount shall be certified by an engineer, architect or other qualified professional registered to practice in the Commonwealth of Massachusetts. Said funds shall be held by an independent escrow agent to be appointed by the carrier and the SPGA. The carrier shall authorize and, as necessary, shall obtain the authorization of the owner of the property to allow the escrow agent to enter upon the subject property to remove the facility when the facility has been abandoned or discontinued. In the event the posted amount does not cover the cost of demolition and/or removal the Town may place a lien upon the property covering the difference in cost. d) The equipment shall be deemed to be abandoned or discontinued if it has not been used for the purpose for which it was originally constructed for a period of six (6) months or more. Once abandonment or discontinuance has occurred, the carrier shall remove the equipment placed by the carrier from the subject property within ninety days. In the event that the carrier fails to remove the equipment,the town shall give notice to the carrier and the independent escrow agent that the equipment shall be removed by the escrow agent forthwith and the escrow agent, after affording written notice seven days in advance to the carrier, shall remove the facility. 2. Performance Guarantees a Insurance in a reasonable amount determined and approved by the SPGA after consultation at the expense of the applicant with one(1)or more insurance companies shall be in force to cover damage from the equipment on the structure, damage from transmissions and other site liabilities. Annual proof of said insurance must be filed with the SPGA. b) Funds, sufficient in the opinion of the SPGA to cover annual maintenance of the equipment on 2 300 Chestnut Street Sprint Spectrum L.P. Renewal of Special Permit the facility, shall be placed into escrow and shall be held by the independent escrow agent who shall be authorized to expend the funds for the maintenance of the equipment on the facility on terms to be agreed upon by the carrier and the SPCA as a condition of approval of the special permit. c) Annual certification demonstrating continuing compliance with the standards of the Federal Communications Commission,Federal Aviation Administration and the American National Standards Institute shall be filed with the SPGA by the Special Permit holder. Said information shall be submitted by July 1 of each year. 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) 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 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(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 shall submit to the SPGA within 90 days of the issuance of the Special Permit renewal, 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 of this Bylaw. 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. d) The applicant and co-applicant or their successor in interest shall maintain the wireless service equipment in good condition. Such maintenance shall include, but shall not be limited to, painting, structural integrity of the flagpole-style monopole and maintenance of the buffer and landscaping, as applicable. e) The applicant shall provide the necessary escrow accounts and insurance as required in the above sections. f) A certified copy of the recorded decision must be submitted to the Planning Department. 3 300 Chestnut Street Sprint Spectrum L.P. Renewal of Special Permit g) 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. 4. 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. 5. In an effort to reduce noise levels, the carriers shall keep their respective equipment in optimum working order, through regular maintenance, any and all equipment that shall emanate sounds from the structures or site. 6. No equipment or other equipment that will emanate noise-exceeding levels cited herein shall be places on the exterior of the structure. Such equipment shall be enclosed as shown on the plans. 7. 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. 8. The original Special Permit granted on May 16, 2000 and approved site plans referenced in Condition #15 by the Planning Board are herein incorporated by reference. The applicant and its successors shall comply with any/all terms and conditions of the said Special Permit. 9. The provisions of this approval shall apply to and be binding upon the applicant, its employees and all successors and assigns in interest or control. 10. The applicant shall immediately inform the Planning Department in writing of any/all changes in name, company ownership,and contact information. 11. 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. 12. 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. 13. In accordance with Section 8.9.12 of the Zoning Bylaw,this Special Permit approval shall be deemed to have lapsed after three(3)years from the date permit granted,that date being November 20, 2007. Prior to the expiration date of the renewed special permit, the applicant and its successors shall file a Renewal application. 14. The following waivers were granted in determining this decision: a. Section 8.9(5)(d)(ii)(4)—Map showing other preexistent and approved wireless service facilities in North Andover and outside North Andover within one miles of its boundary. b. Section 8.9(5)(d)(ii)(5)—GPS or equivalent system locating by latitude and longitude wireless service facilities. 4 300 Chestnut Street Sprint Spectrum L.P. Renewal of Special Permit c. Section 8.9(5)(d)(iii)(3)—Tree cover on the subject property and all properties directly abutting the subject property,by dominant species and average height. d. Section 8.9(5)(d)(iii)(4)—Outline of all existing buildings, including purpose on subject property and all properties adjacent to the subject property. e. Section 8.9(5)(d)(iii)(8)—Identify the distances,at grade; from the proposed wireless service facility to each building on the vicinity plan. £ Section 8.9(5)(d)(iii)(9)—Contours at each 2 feet AMSL for the subject property and adjacent properties within 300 feet. g. Section 8.9(5)(d)(iii)(12)—Line representing the sight line showing viewpoint and visible point from"Sight Lines" subsection below. h. Section 8.9(5)(d)(iv)— Sight Lines and Photographs: i. Section 8.9(5)(d)(vii)(3)—Letter from the Massachusetts Department of Health approving the location of the site. 15. The following information shall be deemed part of the decision: a) Plan titled: Sprint PCS Site Name: SBA Tower 300 Chestnut Street N. Andover,MA BS33XC422F Prepared for: Sprint Spectrum L.P. P.O. Box 614 Stowe,VT 05672 Prepared by: Bay State Design Associates,Inc. 266 Summer Street Boston,MA 02210 Dated: December 12, 1999, Revised 1/28/00,3/15/00,4/4/00, 4/19/00 Sheets: T-1, C-1 through C-3,A-1, S-1 through S4,E-2 through E4. b) Application: Application for the renewal of a Special Permit Under Sections 8.9 and 10.3 of the North Andover Zoning Bylaw 300 Chestnut Street,North Andover Map 98C, Lot 001 (the"Property") Prepared for: Sprint Spectrum L.P. and its affiliate Nextel Communications of the Mid-Atlantic, Inc. (the"Applicant") Prepared by: Prince, Lobel,Glovsky&Tye LLP 100 Cambridge Street, Suite 2200 Boston, MA 02114 Dated: August 3, 2007 Pages: Tab A,Tab B,Tab C c) Application: Response Memorandum And Request For Waivers Under Sections 8.9 and 10.3 of the North Andover Zoning Bylaw 5 300 Chestnut Street Sprint Spectrum L.P. Renewal of Special Permit 300 Chestnut Street,North Andover Map 98C,Lot 001 (the"Property") Prepared for: Sprint Spectrum L.P. and its affiliate Nextel Communications of the Mid-Atlantic,Inc. (the"Applicant") Prepared by: Prince, Lobel,Glovsky&Tye LLP 100 Cambridge Street, Suite 2200 Boston,MA 02114 Dated: November 1, 2007 Pages: Tabs 1 through 4 d) Report: Radio Frequency Field Survey Site Number: BS23XC422 Site ID: MA2105 Site Name: Den Rock Park Site Address: 300 Chestnut Street,North Andover MA 01845 Prepared for: Sprint Spectrum L.P. P.O.Box 614 Stowe,VT 05672 Prepared by: C2 Systems 136 Harvey Road Londonderry,NH 03053 Dated: August 3, 2007 Pages: 1 through 47 e) Report: Environmental Sound Levels Evaluation Sprint Spectrum Proposed Addition to Existing Wireless Communications Facility MA-2105, 300 Chestnut Street,North Andover,MA Prepared for: Sprint Spectrum L.P. P.O. Box 614 Stowe,VT 05672 Prepared by: Cavanaugh Tocci Associates,Incorporated 327 F Boston Post Road Sudbury, MA 01776 Dated: July 24, 2007 Pages: 1 through 12,Appendix A,Appendix B,Appendix C f) Report: Structural Analysis Report 152' Guyed Tower North Andover,Massachusetts Nextel Site#MA 2105; Den Rock Park Prepared for: General Dynamics Information Technology,Inc. Prepared by: All-Points Technology Corporation 150 Old Westside Road North Conway,New Hampshire 03860 Dated: October 26,2007 Pages: 1 through 6,Appendix A,Appendix B,Appendix C g) Report: Structural Analysis for SBA Network Services,Inc. 6 300 Chestnut Street Sprint Spectrum L.P. Renewal of Special Permit 150' Guyed Tower Site Name: North Andover,Massachusetts Site ID: MA01085-A FDH Project Number 07-0335E Prepared for: SBA Network Services,Inc. Prepared by: FDH Engineering, Inc. PO Box 99556 Raleigh,NC 27615 Dated: March 16, 2007 Pages: 1 through 9 CC. Building Inspector Applicant Engineer 7 r. 29010',-C2-,4 FCOMMONWEALTH OF MASSACHUSETTS (' $ X COUNTY - ESSEX COUNTY SUPERIOR COURT DEPT. PARTIES: Steven'Tryder vs. North Andover Planning Board: Timothy Siebert, Richard Nardella, John Simons, Richard Rowen, Alberto Angles, Lincoln Daley and Land Owners: Jack E. Carter & Raymond B. Agler and Petitioner: Sprint Spectrum, L.P. FACTS: Parties are legal residents of North Andover and abutters to the site located at 300 Chestnut Street, North Andover. The North Andover Planning Board is authorized to issue special permits for wireless facilities in the Town. Sprint has applied for a renewal of a special permit at 300 Chestnut Street which expired in 2003. SPRINT has violated the conditions of their original special permit and the Parties believe that this installation imposes visual blight on the neighborhood, diminishes the use and value of their property, and affects their ability to resell due to its location in the middle of a residential neighborhood less than 300 feet from their homes where the legal setback is 600 feet. The North Andover Planning Board held hearings on 8/2/07 thru 11/20/07 and plaintiffs objected to issuing of a renewal due to expiration of the original permit, failure to comply with bylaw requirements, and failure to obtain a new variance from the Zoning Board of Appeals. The Planning Board granted the special permit on November 20, 2007 and filed it with the Town Clerk's Office on December 4, 2007. A COPY OF THE PERMIT IS ATTACHED. The issuance of the special permit exceeds the authority of the Planning Board and was arbitrary and capricious. PRAYER FOR RELEASE: Whereby the Plaintiffs request that this Court annul the special permit awarded by the Planning Board of North Andover. Signed Date: _ll�' Z� zoo 7 Steven Tryder pro se FILED 386 Chestnut Street IN THE SUPERIOR COURT North Andover, MA 01845 FOR THE COUNTY OF sssEx DEC 2 4 2007 J. CLERK rt .... . Town of North Andover r Office of the Planning Department a - sL��I'f FQ Y Community Development and Services Division,n= D r, Y Landing S�cNuset 1600 Osgood Street Building#20,Suite 2-36 2C.07 DEC -4 PM I: 27 Lincoln Daley North Andover,Massachusetts 01845 _ Town Planner ,^ t i P(978)688-9535 f_ TE!;�;;$IS^.C o i l�'._i T F(978)68&954Z 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: December 3,2007 Date of Hearings: August 2,2007 thru November 20,2007 Date of Decision: November 20,2007 Petition of: Sprint Spectrum,L.P. Sprint Nextel 9 Crosby Drive Bedford,MA 01730 Premises Affected: 300 Chestnut Street,Map 98C,Parcel 2 within the R-3 Zoning District. Referring to the above petition for a Renewal of a Site Plan Review Special Permit,from the requirements of the North Andover Zoning Bylaw, Section 8.3, 8.9, and 10.3. Renewal of a Special Permit for the operation of an existing wireless communication facility within the R-3 zoning district. At a public hearing given on the above date the Planning Board voted to APPROVE a Renewal of a Site Plan Review Special Permit based on the following conditions: Signed: John Simons, A ing Chairman Richard Rowen Alberto Angles, Clerk Timothy Seibert BOARD OF APPEALS 688-9541 BUHDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535 300 Chestnut Street Sprint Spectrum L.P. Renewal of Special Permit The Planning Board herein approves the Special Permit Renewal so as to allow the applicants to operate a wireless service facility including nine panel antennas and associated cabling, utilities, and equipment on an existing tower structure in the Residential 3 Zoning District. This renewal is granted pursuant to Massachusetts General Law, Chapter 40A and Section 8.9.12 of the North Andover Zoning Bylaw, and will extend the above referenced Special Permit for a period three years. This Special Permit Renewal was requested by Sprint Spectrum LP, P.O. Box 614, Stowe, VT 05672. The application and additional documentation as cited herein was filed with the Planning Board on August 3,2007. During the review process,the Applicant and its professional consultants also submitted various revisions to the plans along with various supplemental memoranda and correspondence in response to requests by the Planning Board, and by the various departments within the Town of North Andover that reviewed the project. All of these plans, reports and correspondence are contained in the Planning Board's files and are hereby incorporated by reference into the public record for this hearing. 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 collocated on an existing wireless location. 2. The use as developed will not adversely affect the neighborhood as indicated by the submittals and reports referenced at the end of this decision in Condition#15. 3. The carrier has demonstrated that the continuation of the facility is necessary in order to provide adequate service to the public as indicated by the submittals and reports referenced at the end of this decision in Condition#15. 4. The plan meets the requirements of the Wireless Service Facilities By-law section 8.9,with the exception of the waivers granted hereby and listed in Condition#14. 5. Adequate and appropriate facilities will be provided for the proper continued operation of the proposed use. The lattice structure,antennas cables and equipment area are described in detail on the plans and reports referenced herein. Each carrier's proposed equipment shelter will be an unoccupied,unmanned, specialized area for the wireless communications equipment. 6. The Radio-Frequency emissions of the facility meet applicable FCC guidelines and regulations. 7. The application is for the renewal of the Special Permit and as such,no new structures,antennas, cables, or equipment will be constructed or installed. Finally,Planning Board find that the project is in harmony with the general purpose and intent of the Town of North Andover Zoning Bylaw and generally complies with the requirements of the Bylaw as listed in Section 8.3, 8.9,and 10.3,but requires conditions in order to be fully in compliance. The Planning Board hereby grants an approval to the applicant provided the following conditions are met: 1 n 300 Chestnut Street Sprint Spectrum L.P. Renewal of Special Permit SPECIAL CONDITIONS: I. Discontinuance Abandonment a) At such time that a licensed carrier plans to abandon or discontinue operation of wireless service equipment, such carrier will notify the Town by certified US mail of the proposed date of abandonment or discontinuation of operations. Such notice shall be given no less than 30 days prior to abandonment or discontinuation of operations. In the event that a licensed carrier fails to give such notice, the wireless service equipment shall be considered abandoned upon discontinuation of operations. b) Upon abandonment or discontinuation of use, the carrier shall physically remove the wireless service equipment placed on the site by the carrier within 90 days from the date of abandonment or discontinuation of use. "Physically remove"shall include,but not be limited to: i) Removal of antennas,mount,equipment shelters and security barriers installed by the carrier (unless the same will continue to be used by the owner)from the subject property. ii) Proper disposal of the waste materials generated by the carrier from the site in accordance with local and state solid waste disposal regulations. c) As a condition of any special permit for the placement,construction or modification of a wireless service equipment at the site, the carrier shall place into escrow a sum of money to cover the costs of removing the facility from the subject property. Said amount shall be certified by an engineer, architect or other qualified professional registered to practice in the Commonwealth of Massachusetts. Said funds shall be held by an independent escrow agent to be appointed by the carrier and the SPGA.The carrier shall authorize and,as necessary,shall obtain the authorization of the owner of the property to allow the escrow agent to enter upon the subject property to remove the facility when the facility has been abandoned or discontinued. In the event the posted amount does not cover the cost of demolition and/or removal the Town may place a lien upon the property covering the difference in cost. d) The equipment shall be deemed to be abandoned or discontinued if it has not been used for the purpose for which it was originally constructed for a period of six (6) months or more. Once abandonment or discontinuance has occurred, the carrier shall remove the equipment placed by the carrier from the subject property within ninety days. In the event that the carrier fails to remove the equipment,the town shall give notice to the carrier and the independent escrow agent that the equipment shall be removed by the escrow agent forthwith and the escrow agent, after affording written notice seven days in advance to the carrier, shall remove the facility. 2. Performance Guarantees a) Insurance in a reasonable amount determined and approved by the SPGA after consultation at the expense of the applicant pp cant with one{I)or more insurance companies p es shall be in force to cover damage from the equipment on the structure,damage from transmissions and other site liabilities. Annual proof of said insurance must be filed with the SPGA. b) Funds, sufficient in the opinion of the SPGA to cover annual maintenance of the equipment on 2 300 Chestnut Street Sprint Spectrum L.P. Renewal of Special Permit the facility,shall be placed into escrow and shall be held by the independent escrow agent who shall be authorized to expend the funds for the maintenance of the equipment on the facility on terms to be agreed upon by the carrier and the SPGA as a condition of approval of the special permit. c) Annual certification demonstrating continuing compliance with the standards of the Federal i Communications Commission,Federal Aviation Administration and the American National Standards Institute shall be filed with the SPGA by the Special Permit holder. Said information shall be submitted by July 1 of each year. 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) 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 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(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 shall submit to the SPGA within 90 days of the issuance of the Special Permit renewal, 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 of this Bylaw. 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. d) The applicant and co-applicant or their successor in interest shall maintain the wireless service equipment in good condition. Such maintenance shall include, but shall not be limited to, painting, structural integrity of the flagpole-style monopole and maintenance of the buffer and landscaping,as applicable. e) The applicant shall provide the necessary ryescrow accounts and insurance as required in the above sections. f) A certified copy of the recorded decision must be submitted to the Planning Department. 3 300 Chestnut Street Sprint Spectrum L.P. Renewal of Special Permit g) 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. 4. 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. 5. In an effort to reduce noise levels, the carriers shall keep their respective equipment in optimum working order, through regular maintenance, any and all equipment that shall emanate sounds from the structures or site. 6. No equipment or other equipment that will emanate noise-exceeding levels cited herein shall be places on the exterior of the structure. Such equipment shall be enclosed as shown on the plans. 7. 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. 8. The original Special Permit granted on May 16, 2000 and approved site plans referenced in Condition #15 by the Planning Board are herein incorporated by reference. The applicant and its successors shall comply with any/all terms and conditions of the said Special Permit. 9. The provisions of this approval shall apply to and be binding upon the applicant, its employees and all successors and assigns in interest or control. 10. The applicant shall immediately inform the PIanning Department in writing of any/all changes in name, company ownership,and contact information. 11. 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. 12. 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. 13. In accordance with Section 8.9.12 of the Zoning Bylaw,this Special Permit approval shall be deemed to have lapsed after three(3) years from the date permit granted,that date being November 20,2007. Prior to the expiration date of the renewed special permit,the applicant and its successors shall file a Renewal application. 14. The following waivers were granted in determining this decision: a. Section 8.9(5)(d)(ii)(4)—Map showing other preexistent and approved wireless service facilities in North Andover and outside North Andover within one miles of its boundary. b. Section 8.9(5)(d)(ii)(5)—GPS or equivalent system locating by latitude and longitude wireless service facilities. 4 300 Chestnut Street Sprint Spectrum L.P. Renewal of Special Permit c. Section 8.9(5)(d)(iii)(3)—Tree cover on the subject property and all properties directly abutting the subject property,by dominant species and average height. d. Section 8.9(5)(d)(iii)(4)—Outline of all existing buildings,including purpose on subject property and all properties adjacent to the subject property. e. Section 8.9(5)(d)(iii)(8)—Identify the distances,at grade; from the proposed wireless service facility to each building on the vicinity plan. f. Section 8.9(5)(d)(iii)(9)—Contours at each 2 feet AMSL for the subject property and adjacent properties within 300 feet. g. Section 8.9(5)(d)(iii)(12)—Line representing the sight line showing viewpoint and visible point from"Sight Lines"subsection below. h. Section 8.9(5)(d)(iv)—Sight Lines and Photographs: i. Section 8.9(5)(d)(vii)(3)—Letter from the Massachusetts Department of Health approving the location of the site. 15.The following information shall be deemed part of the decision: a) Plan titled: Sprint PCS Site Name: SBA Tower 300 Chestnut Street N.Andover,MA BS33XC422F Prepared for: Sprint Spectrum L.P. P.O.Box 614 Stowe,VT 05672 Prepared by: Bay State Design Associates,Inc. 266 Summer Street Boston,MA 02210 Dated: December 12, 1999,Revised 1/28/00,3/15/00,4/4/00,4/19/00 Sheets: T-1,C-1 through C-3,A-1, S-1 through S4, E-2 through E-4. b) Application: Application for the renewal of a Special Permit Under Sections 8.9 and 10.3 of the North Andover Zoning Bylaw 300 Chestnut Street,North Andover Map 98C,Lot 001 (the"Property") Prepared for: Sprint Spectrum L.P.and its affiliate Nextel Communications of the Mid-Atlantic,Inc.(the"Applicant") Prepared by: Prince,Lobel,Glovsky&Tye LLP j 100 Cambridge Street, Suite 2200 Boston,MA 02114 Dated: August 3,2007 Pages: Tab A,Tab B,Tab C c) Application: Response Memorandum And Request For Waivers Under Sections 8.9 and 10.3 of the North Andover Zoning Bylaw 5 a b 300 Chestnut Street Sprint Spectrum L.P. Renewal of Special Permit 300 Chestnut Street,North Andover Map 98C,Lot 001 (the"Property") Prepared for: Sprint Spectrum L.P. and its affiliate Nextel Communications of the Mid-Atlantic,Inc.(the"Applicant") Prepared by: Prince,Lobel,Glovsky&Tye LLP 100 Cambridge Street, Suite 2200 Boston,MA 02114 Dated: November 1,2007 Pages: Tabs 1 through 4 d) Report: Radio Frequency Field Survey Site Number: BS23XC422 Site ID:MA2105 Site Name:Den Rock Park Site Address: 300 Chestnut Street,North Andover MA 01845 Prepared for: Sprint Spectrum L.P. P.O.Box 614 Stowe,VT 05672 Prepared by: C2 Systems 136 Harvey Road Londonderry,NH 03053 Dated: August 3,2007 Pages: 1 through 47 e) Report: Environmental Sound Levels Evaluation Sprint Spectrum Proposed Addition to Existing Wireless Communications Facility MA-2105, 300 Chestnut Street,North Andover,MA Prepared for: Sprint Spectrum L.P. P.O.Box 614 Stowe,VT 05672 Prepared by: Cavanaugh Tocci Associates,Incorporated 327 F Boston Post Road Sudbury,MA 01776 Dated: July 24,2007 Pages: I through 12,Appendix A,Appendix B,Appendix C f) Report: Structural Analysis Report 152' Guyed Tower North Andover,Massachusetts Nextel Site#MA 2105; Den Rock Park Prepared for: General Dynamics Information Technology,Inc. Prepared by: All-Points Technology Corporation 150 Old Westside Road North Conway,New Hampshire 03860 Dated: October 26,2007 Pages: 1 through 6,Appendix A,Appendix B,Appendix C g) Report: Structural Analysis for SBA Network Services,Inc. 6 a r 300 Chestnut Street Sprint Spectrum L.P. Renewal of Special Permit 150' Guyed Tower Site Name: North Andover,Massachusetts Site ID: MAO 1085-A FDH Project Number 07-0335E Prepared for: SBA Network Services,Inc. Prepared by: FDH Engineering,Inc. PO Box 99556 Raleigh,NC 27615 Dated: March 16,2007 Pages: 1 through 9 CC. Building Inspector Applicant Engineer 7 t v o1-aq (� 2907 CEEC 24 PiC, 01VIVIONWEALTH OF MASSACHUSETTS B$EX.COUNTY - ESSEX COUNTY SUPERIOR COURT DEPT. fiA, IC PARTIES: Steven Tryder VS. North Andover Planning Board: Timothy Siebert, Richard Nardella, John Simons, Richard Rowen, Alberto Angles, Lincoln Daley and Land Owners: Jack E. Carter & Raymond B. Agler and Petitioner: Sprint Spectrum, L.P. FACTS: Parties are legal residents of North Andover and abutters to the site located at 300 Chestnut Street, North Andover. The North Andover Planning Board is authorized to issue special permits for wireless facilities in the Town. Sprint has applied for a renewal of a special permit at 300 Chestnut Street which expired in 2003. SPRINT has violated the conditions of their original special permit and the Parties believe that this installation imposes visual blight on the neighborhood, diminishes the use and value of their property, and affects their ability to resell due to its location in the middle of a residential neighborhood less than 300 feet from their homes where the legal setback is 600 feet. The North Andover Planning Board held hearings on 8/2/07 thru 11/20/07 and plaintiffs objected to issuing of a ren due to expiration of the original permit, failure to comply with bylaw requirements, and failure to obtain a new variance from the Zoning Board of Appeals. The Planning Board granted the special permit on November 20, 2007 and filed it with the Town Clerk's Office on December 4, 2007. A COPY OF THE PERMIT IS ATTACHED. The issuance of the special permit exceeds the authority of the Planning Board and was arbitrary and capricious. PRAYER FOR RELEASE: Whereby the Plaintiffs request that this Court annul the special permit awarded by the Planning Board of North Andover. Signe _ Date: 2 2007 Steven Tryder pro se FILED 386 Chestnut Street FOR N THE SUPERIOR o EssEx North Andover, MA 01845 DEC 2 4 2001 CLERK i µORTN Town of North.Andover Office of the Planning• a.n>rung Deparbnent Community Development and Services Division, �EIb�EQ t Osgood Landing _. �Osgood B uite 2-36 2E07 DEC --4 PH 1: 27 Lincoln Daley North Andover,Massachusetts 01845 -­ Town Planner STE! P(978)688-9535 ;ii+RTf 1.Ci F(978)68&9542 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:December 3, 2007 Date of Hearings: August 2,2007 thru November 20,2007 Date of Decision: November 20,2007 Petition of: Sprint Spectrum,L.P. Sprint Nextel 9 Crosby Drive Bedford,MA 01730 Premises Affected: 300 Chestnut Street,Map 98C,Parcel 2 within the R-3 Zoning District. Referring to the above petition for a Renewal of a Site Plan Review Special Permit, from the requirements of the North Andover Zoning Bylaw, Section 8.3, 8.9, and 10.3. Renewal of a Special Permit for the operation of an existing wireless communication facility within the R-3 zoning district. At a public hearing given on the above date the Planning Board voted to APPROVE a Renewal of a Site Plan Review Special Permit based on the following conditions: Signed: Sj 4,1,4 of John Simons, A ing Chairman Richard Rowen Alberto Angles, Clerk Timothy Seibert BOARD OF APPEALS 688-9541 BLTIIDDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535 300 Chestnut Street Sprint Spectrum L.P. Renewal of Special Permit The Planning Board herein approves the Special Permit Renewal so as to allow the applicants to operate a wireless service facility including nine panel antennas and associated cabling, utilities, and equipment on an existing tower structure in the Residential 3 Zoning District. This renewal is granted pursuant to Massachusetts General Law, Chapter 40A and Section 8.9.12 of the North Andover Zoning Bylaw, and will extend the above referenced Special Permit for a period three years. This Special Permit Renewal was requested by Sprint Spectrum LP, P.O. Box 614, Stowe, VT 05672. The application and additional documentation as cited herein was filed with the Planning Board on August 3, 2007. During the review process, the Applicant and its professional consultants also submitted various revisions to the plans along with various supplemental memoranda and correspondence in response to requests by the Planning Board, and by the various departments within the Town of North Andover that reviewed the project. All of these plans, reports and correspondence are contained in the Planning Board's files and are hereby incorporated by reference into the public record for this hearing. The Planning Board makes the following findings as required by the North Andover Zoning Bylaw Section 8.9: FINDINGS OF FACT: I. The specific site is an appropriate location for the project as it is collocated on an existing wireless location. 2. The use as developed will not adversely affect the neighborhood as indicated by the submittals and reports referenced at the end of this decision in Condition#15. 3. The carrier has demonstrated that the continuation of the facility is necessary in order to provide adequate service to the public as indicated by the submittals and reports referenced at the end of this decision in Condition#15. 4. The plan meets the requirements of the Wireless Service Facilities By-law section 8.9,with the exception of the waivers granted hereby and listed in Condition#14. 5. Adequate and appropriate facilities will be provided for the proper continued operation of the proposed use. The lattice structure,antennas cables and equipment area are described in detail on the plans and reports referenced herein. Each carrier's proposed equipment shelter will be an unoccupied,unmanned, specialized area for the wireless communications equipment. 6. The Radio-Frequency emissions of the facility meet applicable FCC guidelines and regulations. 7. The application is for the renewal of the Special Permit and as such,no new structures,antennas, cables, or equipment will be constructed or installed. Finally,Planning Board find that the project is in harmony with the generalrP u ose and intent of the P Town of North Andover Zoning Bylaw and generally complies with the requirements of the Bylaw as listed in Section 8.3, 8.9,and 10.3,but requires conditions in order to be fully in compliance. The Planning Board hereby grants an approval to the applicant provided the following conditions are met: 1 300 Chestnut Street Sprint Spectrum L.P. Renewal of Special Permit SPECIAL CONDITIONS: 1. Discontinuance Abandonment a) At such time that a licensed carrier plans to abandon or discontinue operation of wireless service equipment, such carrier will notify the Town by certified US mail of the proposed date of abandonment or discontinuation of operations. Such notice shall be given no less than 30 days prior to abandonment or discontinuation of operations.In the event that a licensed carrier fails to give such notice, the wireless service equipment shall be considered abandoned upon discontinuation of operations. b) Upon abandonment or discontinuation of use, the carrier shall physically remove the wireless service equipment placed on the site by the carrier within 90 days from the date of abandonment or discontinuation of use. "Physically remove"shall include,but not be limited to: i) Removal of antennas,mount,equipment shelters and security barriers installed by the carrier (unless the same will continue to be used by the owner)from the subject property. ii) Proper disposal of the waste materials generated by the carrier from the site in accordance with local and state solid waste disposal regulations. c) As a condition of any special permit for the placement,construction or modification of a wireless service equipment at the site, the carrier shall place into escrow a sum of money to cover the costs of removing the facility from the subject property. Said amount shall be certified by an engineer, architect or other qualified professional registered to practice in the Commonwealth of Massachusetts. Said funds shall be held by an independent escrow agent to be appointed by the carrier and the SPGA.The carrier shall authorize and,as necessary,shall obtain the authorization of the owner of the property to allow the escrow agent to enter upon the subject property to remove the facility when the facility has been abandoned or discontinued. In the event the posted amount does not cover the cost of demolition and/or removal the Town may place a lien upon the property covering the difference in cost. d) The equipment shall be deemed to be abandoned or discontinued if it has not been used for the purpose for which it was originally constructed for a period of six (6) months or more. Once abandonment or discontinuance has occurred, the carrier shall remove the equipment placed by the carrier from the subject property within ninety days. In the event that the carrier fails to remove the equipment,the town shall give notice to the carrier and the independent escrow agent that the equipment shall be removed by the escrow agent forthwith and the escrow agent, after affording written notice seven days in advance to the carrier,shall remove the facility. 2. Performance Guarantees a) Insurance in a reasonable amount determined and approved by the SPGA after consultation at the expense of the applicant with one(1)or more insurance companies shall be in force to cover damage from the equipment on the structure,damage from transmissions and other site liabilities. Annual proof of said insurance must be filed with the SPGA. b) Funds, sufficient in the opinion of the SPGA to cover annual maintenance of the equipment on 2 300 Chestnut Street Sprint Spectrum L.P. Renewal of Special Permit the facility,shall be placed into escrow and shall be held by the independent escrow agent who shall be authorized to expend the funds for the maintenance of the equipment on the facility on terms to be agreed upon by the carrier and the SPGA as a condition of approval of the special permit. c) Annual certification demonstrating continuing compliance with the standards of the Federal Communications Commission,Federal Aviation Administration and the American National Standards Institute shall be filed with the SPGR by the Special Permit holder. Said information shall be submitted by July I of each year. 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) 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 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(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 shall submit to the SPGA within 90 days of the issuance of the Special Permit renewal, 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 of this Bylaw. 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. d) The applicant and co-applicant or their successor in interest shall maintain the wireless service equipment in good condition. Such maintenance shall include, but shall not be limited to, painting, structural integrity of the flagpole-style monopole and maintenance of the buffer and landscaping,as applicable. e) The applicant shall provide the necessary escrow accounts and insurance as required in the above sections. f) A certified copy of the recorded decision must be submitted to the Planning Department. 3 300 Chestnut Street Sprint Spectrum L.P. Renewal of Special Permit g) 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. 4. 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, 5. In an effort to reduce noise levels, the carriers shall keep their respective equipment in optimum working order, through regular maintenance, any and all equipment that shall emanate sounds from the structures or site. 6. No equipment or other equipment that will emanate noise-exceeding levels cited herein shall be places on the exterior of the structure. Such equipment shall be enclosed as shown on the plans. 7. 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. 8. The original Special Permit granted on May 16, 2000 and approved site plans referenced in Condition #15 by the Planning Board are herein incorporated by reference. The applicant and its successors shall comply with any/all terms and conditions of the said Special Permit. 9. The provisions of this approval shall apply to and be binding upon the applicant, its employees and all successors and assigns in interest or control. 10. The applicant shall immediately inform the Planning Department in writing of any/all changes in name, company ownership,and contact information. 11. 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. 12. 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. 13. In accordance with Section 8.9.12 of the Zoning Bylaw,this Special Permit approval shall be deemed to have lapsed after three(3)years from the date permit granted,that date being November 20,2007. Prior to the expiration date of the renewed special permit,the applicant and its successors shall file a Renewal application. 14. The following waivers were granted in determining this decision: a. Section 8.9(5)(d)(ii)(4)—Map showing other preexistent and approved wireless service facilities in North Andover and outside North Andover within one miles of its boundary. b. Section 8.9(5)(d)(ii)(5)—GPS or equivalent system locating by latitude and longitude wireless service facilities. 4 300 Chestnut Street Sprint Spectrum L.P. Renewal of Special Permit C. Section 8.9(5)(d)(iii)(3)—Tree cover on the subject property and all properties directly abutting the subject property,by dominant species and average height. d. Section 8.9(5)(d)(iii)(4)—Outline of all existing buildings, including purpose on subject property and all properties adjacent to the subject property. e. Section 8.9(5)(d)(iii)(8)—Identify the distances,at grade; from the proposed wireless service facility to each building on the vicinity plan. f. Section 8.9(5)(d)(iii)(9)—Contours at each 2 feet AMSL for the subject property and adjacent properties within 300 feet. g. Section 8.9(5)(d)(iii)(12)—Line representing the sight line showing viewpoint and visible point from"Sight Lines"subsection below. h. Section 8.9(5)(d)(iv)—Sight Lines and Photographs: i. Section 8.9(5)(d)(vii)(3)—Letter from the Massachusetts Department of Health approving the location of the site. 15.The following information shall be deemed part of the decision: a) Plan titled: Sprint PCS Site Name: SBA Tower 300 Chestnut Street N.Andover,MA BS33XC422F Prepared for: Sprint Spectrum L.P. P.O.Box 614 Stowe,VT 05672 Prepared by: Bay State Design Associates,Inc. 266 Summer Street Boston,MA 02210 Dated: December 12, 1999,Revised, 1/28/00,3/15/00,4/4/00,4/19/00 Sheets: T-1,C-1 through C-3,A-1,S-1 through S4,E-2 through E4. b) Application: Application for the renewal of a Special Permit Under Sections 8.9 and 10.3 of the North Andover Zoning Bylaw 300 Chestnut Street,North Andover Map 98C,Lot 001 (the"Property") Prepared for: Sprint Spectrum L.P.and its affiliate Nextel Communications of the Mid-Atlantic,Inc.(the"Applicant") Prepared by: Prince,Lobel,Glovsky&Tye LLP 100 Cambridge Street, Suite 2200 Boston,MA 02114 Dated: August 3,2007 Pages: Tab A, Tab B,Tab C c) Application: Response Memorandum And Request For Waivers Under Sections 8.9 and 10.3 of the North Andover Zoning Bylaw 5 300 Chestnut Street Sprint Spectrum L.P. Renewal of Special Permit 300 Chestnut Street,North Andover Map 98C,Lot 001 (the"Property") Prepared for: Sprint Spectrum L.P. and its affiliate Nextel Communications of the Mid-Atlantic,Inc.(the"Applicant") Prepared by: Prince,Lobel,Glovsky&Tye LLP 100 Cambridge Street, Suite 2200 Boston,MA 02114 Dated: November 1,2007 Pages: Tabs 1 through 4 d) Report: Radio Frequency Field Survey Site Number:BS23XC422 Site ID:MA2105 Site Name:Den Rock Park Site Address: 300 Chestnut Street,North Andover MA 01845 Prepared for: Sprint Spectrum L.P. P.O.Box 614 Stowe,VT 05672 Prepared by: C2 Systems 136 Harvey Road Londonderry,NH 03053 Dated: August 3,2007 Pages: 1 through 47 e) Report: Environmental Sound Levels Evaluation Sprint Spectrum Proposed Addition to Existing Wireless Communications Facility MA-2105, 300 Chestnut Street,North Andover,MA Prepared for: Sprint Spectrum L.P. P.O.Box 614 Stowe,VT 05672 Prepared by: Cavanaugh Tocci Associates,Incorporated 327 F Boston Post Road Sudbury,MA 01776 Dated: July 24,2007 Pages: I through 12,Appendix A,Appendix B,Appendix C fl Report: Structural Analysis Report 152' Guyed Tower North Andover,Massachusetts Nextel Site#MA 2105;Den Rock Park Prepared for: General Dynamics Information Technology,Inc. Prepared by: All Points Technology Corporation 150 Old Westside Road North Conway,New Hampshire 03860 Dated: October 26,2007 Pages: 1 through 6,Appendix A,Appendix B,Appendix C g) Report: Structural Analysis for SBA Network Services,Inc. 6 300 Chestnut Street Sprint Spectrum L.P. Renewal of Special Permit 150' Guyed Tower Site Name: North Andover,Massachusetts Site ID: MAO I085-A FDH Project Number 07-0335E Prepared for: SBA Network Services,Inc. Prepared by: FDH Engineering,Inc. PO Box 99556 Raleigh,NC 27615 Dated: March 16,2007 Pages: I through 9 CC. Building Inspector Applicant Engineer 7 f NORTH. • Town of North Andover Office of the Planning Department 4 ; Community Development and Services Division Osgood Landing 1600 Osgood g Street 2HI DEC -4 PM I: 2'I 'Ss�cn►st< Building#20,Suite 2-36 Lincoln Daley North Andover,Massachusetts 01845 Town Planner P(978)688-9535 F(978)688-9542 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: December 3, 2007 Date of Hearings: August 2,2007 thru November 20,2007 Date of Decision: November 20,2007 Petition of: Sprint Spectrum, L.P. Sprint Nextel 9 Crosby Drive Bedford,MA 01730 Premises Affected: 300 Chestnut Street,Map 98C,Parcel 2 within the R-3 Zoning District. Referring to the above petition for a Renewal of a Site Plan Review Special Permit, from the requirements of the North Andover Zoning Bylaw, Section 8.3, 8.9, and 10.3. Renewal of a Special Permit for the operation of an existing wireless communication facility within the R-3 zoning district. At a public hearing given on the above date the Planning Board voted to APPROVE a Renewal of a Site Plan Review Special Permit based on the following conditions: Signed: John Simons, Ing Chairman Richard Rowen Alberto Angles, Clerk Timothy Seibert BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535 300 Chestnut Street Sprint Spectrum L.P. Renewal of Special Permit The Planning Board herein approves the Special Permit Renewal so as to allow the applicants to operate a wireless service facility including nine panel antennas and associated cabling, utilities, and equipment on an existing tower structure in the Residential 3 Zoning District. This renewal is granted pursuant to Massachusetts General Law, Chapter 40A and Section 8.9.12 of the North Andover Zoning Bylaw, and will extend the above referenced Special Permit for a period three years. This Special Permit Renewal was requested by Sprint Spectrum LP, P.O. Box 614, Stowe, VT 05672. The application and additional documentation as cited herein was filed with the Planning Board on August 3, 2007. During the review process, the Applicant and its professional consultants also submitted various revisions to the plans along with various supplemental memoranda and correspondence in response to requests by the Planning Board, and by the various departments within the Town of North Andover that reviewed the project. All of these plans, reports and correspondence are contained in the Planning Board's files and are hereby incorporated by reference into the public record for this hearing. 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 collocated on an existing wireless location. 2. The use as developed will not adversely affect the neighborhood as indicated by the submittals and reports referenced at the end of this decision in Condition#15. 3. The carrier has demonstrated that the continuation of the facility is necessary in order to provide adequate service to the public as indicated by the submittals and reports referenced at the end of this decision in Condition#15. 4. The plan meets the requirements of the Wireless Service Facilities By-law section 8.9,with the exception of the waivers granted hereby and listed in Condition#14. 5. Adequate and appropriate facilities will be provided for the proper continued operation of the proposed use. The lattice structure,antennas cables and equipment area are described in detail on the plans and reports referenced herein. Each carrier's proposed equipment shelter will be an unoccupied,unmanned, specialized area for the wireless communications equipment. 6. The Radio-Frequency emissions of the facility meet applicable FCC guidelines and regulations. 7. The application is for the renewal of the Special Permit and as such,no new structures, antennas, cables, or equipment will be constructed or installed. Finally,Planning Board find that the project is in harmony with the general purpose and intent of the Town of North Andover Zoning B generally coin law and enerall lies with the requirements of the Bylaw as Y p listed in Section 8.3, 8.9, and 10.3,but requires conditions in order to be fully in compliance. The Planning Board hereby grants an approval to the applicant provided the following conditions are met: 1 300 Chestnut Street Sprint Spectrum L.P. Renewal of Special Permit SPECIAL CONDITIONS: 1. Discontinuance Abandonment a) At such time that a licensed carrier plans to abandon or discontinue operation of wireless service equipment, such carrier will notify the Town by certified US mail of the proposed date of abandonment or discontinuation of operations. Such notice shall be given no less than 30 days prior to abandonment or discontinuation of operations. In the event that a licensed carrier fails to give such notice, the wireless service equipment shall be considered abandoned upon discontinuation of operations. b) Upon abandonment or discontinuation of use, the carrier shall physically remove the wireless service equipment placed on the site by the carrier within 90 days from the date of abandonment or discontinuation of use. "Physically remove"shall include,but not be limited to: i) Removal of antennas, mount, equipment shelters and security barriers installed by the carrier (unless the same will continue to be used by the owner) from the subject property. ii) Proper disposal of the waste materials generated by the carrier from the site in accordance with local and state solid waste disposal regulations. c) As a condition of any special permit for the placement,construction or modification of a wireless service equipment at the site, the carrier shall place into escrow a sum of money to cover the costs of removing the facility from the subject property. Said amount shall be certified by an engineer, architect or other qualified professional registered to practice in the Commonwealth of Massachusetts. Said funds shall be held by an independent escrow agent to be appointed by the carrier and the SPGA. The carrier shall authorize and, as necessary, shall obtain the authorization, of the owner of the property to allow the escrow agent to enter upon the subject property to remove the facility when the facility has been abandoned or discontinued. In the event the posted amount does not cover the cost of demolition and/or removal the Town may place a lien upon the property covering the difference in cost. d) The equipment shall be deemed to be abandoned or discontinued if it has not been used for the purpose for which it was originally constructed for a period of six (6) months or more. Once abandonment or discontinuance has occurred, the carrier shall remove the equipment placed by the carrier from the subject property within ninety days. In the event that the carrier fails to remove the equipment,the town shall give notice to the carrier and the independent escrow agent that the equipment shall be removed by the escrow agent forthwith and the escrow agent, after affording written notice seven days in advance to the carrier, shall remove the facility. 2. Performance Guarantees a) Insurance in a reasonable amount determined and approved by the SPGA after consultation at the expense of the applicant with one(1)or more insurance companies shall be in force to cover damage from the equipment on the structure,damage from transmissions and other site liabilities. Annual proof of said insurance must be filed with the SPGA. b) Funds, sufficient in the opinion of the SPGA to cover annual maintenance of the equipment on 2 300 Chestnut Street Sprint Spectrum L.P. Renewal of Special Permit the facility, shall be placed into escrow and shall be held by the independent escrow agent who shall be authorized to expend the funds for the maintenance of the equipment on the facility on terms to be agreed upon by the carrier and the SPGA as a condition of approval of the special permit. c) Annual certification demonstrating continuing compliance with the standards of the Federal Communications Commission,Federal Aviation Administration and the American National Standards Institute shall be filed with the SPGA by the Special Permit holder. Said information shall be submitted by July 1 of each year. 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) 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 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(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 shall submit to the SPGA within 90 days of the issuance of the Special Permit renewal, 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 of this Bylaw. 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. d) The applicant and co-applicant or their successor in interest shall maintain the wireless service equipment in good condition. Such maintenance shall include, but shall not be limited to, painting, structural integrity of the flagpole-style monopole and maintenance of the buffer and landscaping, as applicable. e) The applicant shall provide the necessary escrow accounts and insurance as required in the above sections. f) A certified copy of the recorded decision must be submitted to the Planning Department. 3 300 Chestnut Street Sprint Spectrum L.P. Renewal of Special Permit g) 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. 4. 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. 5. In an effort to reduce noise levels, the carriers shall keep their respective equipment in optimum working order, through regular maintenance, any and all equipment that shall emanate sounds from the structures or site. 6. No equipment or other equipment that will emanate noise-exceeding levels cited herein shall be places on the exterior of the structure. Such equipment shall be enclosed as shown on the plans. 7. 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. 8. The original Special Permit granted on May 16, 2000 and approved site plans referenced in Condition #15 by the Planning Board are herein incorporated by reference. The applicant and its successors shall comply with any/all terms and conditions of the said Special Permit. 9. The provisions of this approval shall apply to and be binding upon the applicant, its employees and all successors and assigns in interest or control. 10. The applicant shall immediately inform the Planning Department in writing of any/all changes in name, company ownership,and contact information. 11. 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. 12. 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. 13. In accordance with Section 8.9.12 of the Zoning Bylaw,this Special Permit approval shall be deemed to have lapsed after three(3) years from the date permit granted,that date being November 20, 2007. Prior to the expiration date of the renewed special permit,the applicant and its successors shall file a Renewal application. 14. The following waivers were granted in determining this decision: a. Section 8.9(5)(d)(ii)(4)—Map showing other preexistent and approved wireless service facilities in North Andover and outside North Andover within one miles of its boundary. b. Section 8.9 5 d ii —GPS ore equivalent stem locating b latitude and longitude wireless O( )( )(5) q sY g Y � service facilities. 4 300 Chestnut Street Sprint Spectrum L.P. Renewal of Special Permit c. Section 8.9(5)(d)(iii)(3)—Tree cover on the subject property and all properties directly abutting the subject property,by dominant species and average height. d. Section 8.9(5)(d)(iii)(4)—Outline of all existing buildings, including purpose on subject property and all properties adjacent to the subject property. e. Section 8.9(5)(d)(iii)(8)—Identify the distances, at grade; from the proposed wireless service facility to each building on the vicinity plan. f. Section 8.9(5)(d)(iii)(9)—Contours at each 2 feet AMSL for the subject property and adjacent properties within 300 feet. g. Section 8.9(5)(d)(iii)(12)—Line representing the sight line showing viewpoint and visible point from"Sight Lines"subsection below. h. Section 8.9(5)(d)(iv)—Sight Lines and Photographs: i. Section 8.9(5)(d)(vii)(3)—Letter from the Massachusetts Department of Health approving the location of the site. 15. The following information shall be deemed part of the decision: a) Plan titled: Sprint PCS Site Name: SBA Tower 300 Chestnut Street N. Andover,MA BS33XC422F Prepared for: Sprint Spectrum L.P. P.O. Box 614 Stowe,VT 05672 Prepared by: Bay State Design Associates,Inc. 266 Summer Street Boston,MA 02210 Dated: December 12, 1999,Revised 1/28/00, 3/15/00,4/4/00,4/19/00 Sheets: T-1, C-1 through C-3,A-1, S-1 through S4,E-2 through E-4. b) Application: Application for the renewal of a Special Permit Under Sections 8.9 and 10.3 of the North Andover Zoning Bylaw 300 Chestnut Street,North Andover Map 98C,Lot 001 (the"Property") Prepared for: Sprint Spectrum L.P. and its affiliate Nextel Communications of the Mid-Atlantic, Inc. (the"Applicant") Prepared by: Prince,Lobel,Glovsky&Tye LLP 100 Cambridge Street, Suite 2200 Boston,MA 02114 Dated: August 3, 2007 Pages: Tab A,Tab B,Tab C c) Application: Response Memorandum And Request For Waivers Under Sections 8.9 and 10.3 of the North Andover Zoning Bylaw 5 300 Chestnut Street Sprint Spectrum L.P. Renewal of Special Permit 300 Chestnut Street,North Andover Map 98C,Lot 001 (the"Property") Prepared for: Sprint Spectrum L.P. and its affiliate Nextel Communications of the Mid-Atlantic, Inc. (the"Applicant") Prepared by: Prince,Lobel,Glovsky&Tye LLP 100 Cambridge Street, Suite 2200 Boston,MA 02114 Dated: November 1, 2007 Pages: Tabs 1 through 4 d) Report: Radio Frequency Field Survey Site Number: BS23XC422 Site ID: MA2105 Site Name:Den Rock Park Site Address: 300 Chestnut Street,North Andover MA 01845 Prepared for: Sprint Spectrum L.P. P.O. Box 614 Stowe,VT 05672 Prepared by: C2 Systems 136 Harvey Road Londonderry,NH 03053 Dated: August 3, 2007 Pages: 1 through 47 e) Report: Environmental Sound Levels Evaluation Sprint Spectrum Proposed Addition to Existing Wireless Communications Facility MA-2105, 300 Chestnut Street,North Andover,MA Prepared for: Sprint Spectrum L.P. P.O. Box 614 Stowe,VT 05672 Prepared by: Cavanaugh Tocci Associates, Incorporated 327 F Boston Post Road Sudbury,MA 01776 Dated: July 24, 2007 Pages: 1 through 12,Appendix A,Appendix B,Appendix C f) Report: Structural Analysis Report 152' Guyed Tower North Andover,Massachusetts Nextel Site#MA 2105;Den Rock Park Prepared for: General Dynamics Information Technology,Inca Prepared by: All-Points Technology Corporation 150 Old Westside Road North Conway,New Hampshire 03860 Dated: October 26, 2007 Pages: 1 through 6,Appendix A,Appendix B,Appendix C g) Report: Structural Analysis for SBA Network Services,Inc. 6 v 6 300 Chestnut Street Sprint Spectrum L.P. Renewal of Special Permit 150' Guyed Tower Site Name: North Andover,Massachusetts Site ID: MAO 1085-A FDH Project Number 07-0335E Prepared for: SBA Network Services,Inc. Prepared by: FDH Engineering,Inc. PO Box 99556 Raleigh,NC 27615 Dated: March 16, 2007 Pages: 1 through 9 cc. Building Inspector Applicant Engineer 7