HomeMy WebLinkAboutMiscellaneous - 723 OSGOOD STREET (3) t
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Town of North Andover
Office of the Planning DepartmerAID APR 21 PM 4: 15
Community Development and Services Division
" 1600 Osgood Street
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North Andover, Massachusetts 01845
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: April 20,2010
Date of Hearings: March 2, 2010, April 6,
2010, April 20,2010
Date of Decision: April 20, 2010
Application of: T-Mobile Northeast Northeast, LLC (formerly Omnipoint
Communications, Inc.)
Premises Affected: 723 Osgood St.
Map 35,Parcel 23
Referring to the above petition for a renewal of a Wireless Special Permit from the
requirements of the North Andover Zoning Bylaw, Sections 8.9 Wireless Service
Facilities and Section 2.65 Special Permit Granting Authority:
So as to allow the renewal of a Special Permit to continue operation of 3 panels concealed
within an existing monopole located at 723 Osgood St.,and three equipment cabinets
located on the ground within the existing fenced-in compound. The Special Permit was
originally granted by the North Andover Planning Board on October 25, 2006.
Upon a motion by Richard Rowen and a 2❑d by Courtney LaVolpicelo, the Planning
Board hereby APPROVE the renewal of a Wireless Special Permit for an installation
of a Wireless Facility on an existing structure by a vote of 5inja-or and 0 against.
y
On , half of the Nortp(/Andover Planning Board
John Simons, Chairman
Richard Rowen
Timothy Seibert
Courtney LaVolpicelo
Michael Colantoni
The Planning Board herein approves the renewal of the Special Permit to continue
operation of the Wireless Facility, which consists of 3 panels concealed within an existing
monopole located at 723 Osgood St., and three equipment cabinets located on the ground
within the existing fenced-in compound. The renewal of the Special Permit was requested
by T-Mobile Northeast Northeast, LLC (formerly Omnipoint Communications, Inc.).
This application and additional documentation as cited herein was filed with the Planning
Board on January 28, 2010, with subsequent submittals on file. The applicant submitted a
complete application which was noticed and reviewed in accordance with Sections 8.3,
8.9, 10.3, and 10.3.1 of the Town of North Andover Zoning Bylaw and MGL c.40A, Sec.
9.
The Planning Board finds that the applicant has met the following requirements as
required by the North Andover Zoning Bylaw Section 8.9:
FINDINGS OF FACT:
1. The renewal application meets the filing requirements of the Wireless Service
Facilities By-law Section 8.9. The applicant has demonstrated that the proposed
wireless facility is in compliance with FCC regulations regarding Maximum
Permissible Exposure (MPE) limits, as indicated by the submittals and reports
provided by the applicant,authored by Donald L. Haes,PhD. The reports are
dated December 29, 2009. The conclusion stated in the reports is that the
applicant's Wireless Facility installation contributes a maximum RF exposure of
less than one-tenth of one percent of the current State and Federal permissible
exposure guidelines. The Planning Board's consultant, Mark Hutchins, has
reviewed this report and has agreed with its findings.The Telecommunications
Act of 1996 prohibits this Board from taking health effects of RF transmissions
into account beyond FCC requirements. Mr. Hutchins also verified that the
application is in compliance with the Federal Communications Commission
(FCC) standards and that the application is proper with regard to the following:
■ The determination that a significant gap in coverage exists.
2. The applicant has provided a letter from a certified engineer stating that the
antenna installation on the tower is structurally sound. --
3. The applicant had also demonstrated that the site is in compliance with the Noise
Standards as set forth in section 8.9.8(b).
4. The Planning Board received input and answered questions from residents.
However, the Planning Board believes that the applicant has demonstrated
compliance with the Town of North Andover Zoning Bylaw requirements for this
application.
5. Section 8.9.3.b.i. of the Zoning Bylaw not only encourages, but if feasible,
requires that a wireless service facility shall be located on a preexistent structure.
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In this case,the applicant intends to locate the facility on the preexistent structure
upon which it is located now. Requiring this applicant to place its existing facility
at a different location would go against the preexistent structure mandate of the
Bylaw.
6. Section 8.9.6 of the Zoning Bylaw not only encourages, but requires, colocation
of a wireless facility. Requiring this applicant to place its existing facility at a
different location would go against the colocation mandate of the bylaw.
7. Opponents wanted the Board to deny this application because periodic reports
were not filed by the applicant since the time the original special permit was
issued. However, the applicant has now filed current reports regarding
radiofrequency emissions and the structural integrity of the tower on which the
antennas are mounted. Nothing has been filed by opponents to contradict those
reports.
8. Opponents also wanted the Board to deny this application because they contended
that the applicant should have paid fines for failure to file annual reports.
However, no such fines have been issued against the applicant so this application
cannot be denied for failure to pay fines. Current reports have been filed.
Furthermore, it is not within the authority of this Board to levy such fines, which
are enforced by a criminal proceeding. In addition, at the hearing, the opponents
could not provide the Board with any example of a municipality in the
Commonwealth where fines for failure to file annual reports were allowed by a
court when the wireless carrier contested the fines under the Federal
Telecommunications Act of 1996.
9. Opponents also wanted the Board to deny this application because they contend
that the application for renewal of the special permit was filed after the expiration
of the special permit for the existing facility. However, the applicant has filed all
of the necessary information for the issuance of the special permit, there has been
no substantive information filed by the opponents to refute or contradict the
information filed by the applicant, and the Board is of the opinion that denial of
this particular application on such a ground would be a violation of the Federal
Telecommunications Act of 1996.
10. Opponents claim that various provisions of Section 8.9.5 in the bylaw, requiring
an applicant to submit information,have not been met and therefore the permit
should be denied. However, Section 8.9.5.d.ix states:
"ix)Waiver. The SPGA may waive one or more of the application
filing requirements of this section if it finds that such
information is not needed for a thorough review of a proposed
wireless service facility."
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The Board finds that the information which has not been provided as may be
required by Section 8.9.5 is not needed for a thorough review of the proposed
personal wireless service facility. Therefore, the Board hereby waives the
application requirements in Section 8.9.5 for the information which has not been
provided. Refer to the WAIVERS section of the decision for the complete list of
waivers.
11. The Board finds that the application complies with Section 10.31 of the Zoning
Bylaw in that:
a. The specific site is an appropriate location. This is not a new site. This
application is for a location and facility which have been in use.
Engineering reports confirm that this site is needed to close a substantial
gap in coverage.
b. The use will not adversely affect the neighborhood. There is no additional
equipment being added to the existing facility. The facility complies with
FCC regulations regarding radiofrequency emission.
C. There will be no nuisance or serious hazard to vehicles or pedestrians.
The facility has been in use for more than three years and there are no
reports of any hazards. The facility complies with FCC regulations
regarding radiofrequency emission.
d. Adequate and appropriate facilities will be provided for the proper
operation of the proposed use. The facility has been in operation and there
are no physical changes being proposed.
e. This use is in harmony with the general purpose and intent of the zoning
bylaw. The bylaw specifically provides for such a wireless facility and the
use has been in operation for more than three years.
12. The Federal Telecommunications Act of 1996 takes precedence over the North
Andover Zoning Bylaw. In the recent Essex County Superior Court case of
Fournier, et al. v. North Andover Planniniz Board, et al., the Plaintiffs' (neighbors
of the wireless facility) challenge to this Board's action in granting a special
permit was on the basis of a 600 foot setback provision in the zoning bylaw, and
in dismissing that case, the Court was clear that the 600 foot setback did not
control because the Court found that the Federal Telecommunications Act of 1996
"compelled" (the Court's word) this Board to grant the special permit. Similarly,
in the context of this particular application where the applicant has filed
satisfactory current technical reports and otherwise filed sufficient information to
the Board's satisfaction, if this Board were to deny the special permit on the
procedural basis that an application for renewal was filed after the expiration of a
special permit rather than prior to the expiration of the permit or on the basis that
fines should have been (but were not) imposed for failure to file annual reports,
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the Board would, in the words of the Federal Telecommunications Act of 1996,
be taking actions that "prohibit or have the effect of prohibiting the provision of
personal wireless services" and this Board has no intention of violating that
federal law.
WAIVERS
The applicant has requested the following waivers, which have been granted by the
Planning Board for the reasons specified below:
8.9.5(d)(ii)(2) Idents the Zoning District designation for the subject parcel. Submit a
copy of the Town zoning map with parcel identified.
This requirement was filed with the original special permit application.
8.9.5(d)(iii) Siting Filing Requirements. A one-inch-equals-40 feet plan prepared by a
Registered Professional Engineer in the Commonwealth of Massachusetts showing the
following:
For clarity purposes and in an effort to fit the plan on one page,the plan has been
designed with a scale of a one-inch equals 200 feet
The following waivers are requested due to the fact that the installation is located
within an existing facility.
8.9.5(d)(iii)(3) Tree cover on the subject property, by dominant species and average
height.
8.9.5(d)(iii)(9) Contours at each 2 feet AMA for the subject property and all adjacent
properties within 300 feet.
8.9.5(d)(iii)(12) Lines representing the sight line showing viewpoint (point from which
view is taken and visible point(point being viewed)from `Sight Lines"subsection below.
8.9.5(d)(iv) Sight lines and photographs as described below:
(1) Sight line representation. A sight line representation shall be drawn from any public
road within 300 feet and the closest fagade of each residential building (viewpoint)
within 300 feet to the highest point (visible point) of the wireless service facility. Each
sight line shall be depicted in profile, drawn at one-inch equals 40 feet scale. The
profiles shall show all intervening trees and buildings. In the event there is only one (or
more) residential building within 300 feet there shall be at least two sight lines from the
closest habitable structures or public roads, if any.
8.9.5(d)(iv)(3) Proposed(after condition)photographs. Each of the preexistent condition
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photographs shall have the proposed wireless service facility superimposed on it to show
what will be seen from public roads and residential buildings if the proposed wireless
service facility is built.
8.9.5(d)(iv)(4) Siting elevations or views at-grade from the north, south, east and west for
a 50 foot radius around the proposed wireless service facility plus from all preexistent
public and private roads that serve the subject property. Elevations shall be at either on-
quarter inch equal one foot or one-eight inch equals one foot scale and show the
following
8.9.5(d)(iv)(4)(d) Preexistent trees and shrubs at current height and proposed trees and
shrubs at the proposed height at time of installation, with approximate elevations
dimensioned
8.9.5(d)(v)(3) Colors of the proposed wireless service facility represented by a color
board showing actual colors proposed. Colors shall be provided for the antenna mounts,
equipment shelters, cables as well as cable runs, and security barrier, if any.
8.9.5(d)(v)(5) Appearance shown by at least two photographic superimpositions of the
wireless service facility within the subject property. The photographic superimposition's
shall be provided for the antennas, mounts equipment shelters, cables as well as cable
runs, and security barrier, if any,for the total height, width and breadth.
8.9.5(d)(y)(6) Landscape plan including preexistent trees and shrubs and those proposed
to be added, identified by size of specimen at installation and species.
8.9.5(d)(v)(7) During the public hearingprocess the applicant shall schedule with the
Planning Board a balloon or crane test at the proposed site, at the expense of the
applicant, to illustrate the height of the proposed facility
Finally the Planning Board finds that this project generally complies with the Town of
North Andover Zoning Bylaw requirements as listed in Section 8.9 but requires
conditions in order to be fully in compliance. The Planning Board hereby grants an
approval to the applicant provided the following conditions are met:
SPECIAL CONDITIONS:
1) The applicant is required to repair the damage to the security fence observed and
noted in the Noise Study. This repair will take place within 30 days of the issuance of
the special permit and will require a site visit by the Planning Office. The applicant is
required to insure that all security measures are in place, including but not limited to
security fencing and locks.
2) 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
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of the proposed date of abandonment or discontinuation of operations. Such
notice shall be given no less than 30 days prior to abandonment or discontinuation
of operations. In the event that a licensed carrier fails to give such notice,the
wireless service equipment shall be considered abandoned upon discontinuation
of operations.
b) Upon abandonment or discontinuation of use, the carrier shall physically remove
the wireless service equipment placed on the site by the carrier within 90 days
from the date of abandonment or discontinuation of use. "Physically remove"
shall include,but not be limited to:
i) Removal of antennas, mount, equipment shelters and security barriers
installed by the carrier (unless the same will continue to be used by the owner)
from the subject property.
ii) Proper disposal of the waste materials generated by the carrier from the site in
accordance with local and state solid waste disposal regulations.
iii) Restoring the location of the wireless service facility in its condition before
the installation, except that any landscaping and grading shall remain the
after-condition.
c) The equipment shall be deemed to be abandoned or discontinued if it has not been
used for the purpose 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 from the subject property within ninety days.
3) Term of Special Permit.
a) A Special Permit issued for this wireless service facility shall be valid for three
(3) years from the date of the decision for the Special Permit renewal. The special
permit may be renewed under the same criteria as the original special permit,
provided that the application for renewal of the special permit is made prior to the
expiration date of the original or any renewed special permit. Additional
measures governing the administration of the special permit are found in Section
10.3 of the Zoning Bylaw.
b) The applicant shall submit to the SPGA at annual intervals from the date of the
decision for the Special Permit renewal, preexistent and current RFR
measurements. Such measurements shall be signed and certified by an RF
engineer, stating that RFR measurements are accurate and are in compliance or
why the measurements fail to comply with all applicable FCC Guidelines as
specified in Section 8.9(5)(d)(vii) RFR Filing Requirements of this Bylaw. The
measurements shall be submitted for both the applicant and all co-locators. If the
applicant fails to comply with this requirement, the Special Permit will be
revoked, until such time that the installation is brought into compliance with FCC
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Guidelines.
c) The applicant shall submit to the SPGA at annual intervals from the date of
decision of the Special Permit renewal, preexistent and current measurements of
acoustic noise from the wireless service facility. Such measurements shall be
certified and signed by an acoustical engineer, stating that noise measurements are
accurate and meet the Noise Standards sub-section 8.9.(5)(d)(vi) of this Bylaw.
The` applicant shall forward to a separate consulting engineer, selected by the
Town,the above materials for review. The applicant shall pay for such review.
d) The applicant and co-applicant or their successor in interest shall maintain the
wireless service equipment in good condition. Such maintenance shall include,
but shall not be limited to, painting and structural integrity of the antennas.
4) In an effort to reduce noise levels, the applicant shall keep in optimum working order,
through regular maintenance, any and all equipment that shall emanate sounds from
the structures or site.
5) The provisions of this conditional approval shall apply to and be binding upon the
applicant, its employees and all successors and assigns in interest or control.
6) The following information shall be deemed part of the decision:
a) Application titled: Application for Special Permit Renewal
T-Mobile Northeast, LLC (formerly Omnipoint
Communications, LLC)
15 Commerce Way
Norton, MA 02766
Prepared for: -Mobile Northeast, LLC (formerly
Omnipoint Communications, LLC)
b) Documentation Submitted:
1 Application for Special Permit, received January 28, 2010.
2 Supporting Statement, including waivers requested, from Wellman Associates.
dated January 28, 2010
Letter L
3 Lett of Authorization from T-Mobile Northeast LC
4 Affidavit of Radio Frequency Expert, dated January 25, 2010
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5 FCC Radio Authorization, dated February 2006
6 Photographs of Existing Condition
7 Environmental Sound Assessment, Dated January 13, 2010
8 RF Coverage Maps, showing coverage before and after installation
9 RF Emissions Report prepared by Donald L. Haes, dated December 29, 2009.
10 Structural Assessment,prepared by Marc Chretien, P.E., dated March 12, 2010
11 Site License Agreement between Sprint Spectrum Realty and Omnipoint
Communications, dated May 18, 2007.
12 Site Plans,pages T-1, A-1, A-2, S-land E-1.
Prepared for: T-Mobile Northeast, LLC (formerly Omnipoint Communications, Inc.)
15 Commerce Way, Suite B,
Norton, MA 02766
Prepared by: Coler& Colantonio
55 Bobala Road
Holyoke, MA 01040
Date: November 15,2006
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Town of North Andover 2006 QC T
Planning Department PM 3: 29
1600 Osgood Street, Bldg. 20,Suite 2-36
North Andover, Massachusetts 01845 h' l ' ,.
Phone: 978-688-9535 Fax: 978-688-9541A SSF
NOTICE OF DECISION
Any appeal shall be filed
within(20) days after the
date of filing this Notice
in the office of the Town Clerk.
Date: October 25, 2006
Date: July 18 thru October 3, 2006
Petition of Omnipoint Communications,Inc.
15 Commerce Way, Suite B,Norton,MA
Premises Affected: Stevens Estate,723 Osgood Street,North Andover,MA 01845
Map 35,Parcel 23
Referring to the above petition with provision of M.G.L., Chapter 40A, Section 11 &
Section 8.3, 8.9& 10.3 of the zoning bylaw for a Site Plan Special Permit in order to
allow to co-locate 3 panel antennas concealed within the existing monopole owned by
Sprint, one external 15" GSM antenna, one external 7" GPS antenna, the construction of
3 equipment cabinets enclosed within Sprint's lease area at the base of the facility, and
the expansion of the existing stockade fence to approximately 9'x22'. Premises affected
is located within the R-1 and R-2 Zoning District.
At a public hearing given on the above date, the Planning Board voted to APPROVE a
Site Plan Special Permit with a unanimous vote of 5-0 based on the following
conditions:
Signed: ..
Lincoln Daley, ToAn Planner
cc: Applicant
Engineer Richard Nardella, Chair
Abutters John Simons, Vice Chair
Town Departments Richard Rowen, acting Clerk
Alberto Angles
Jennifer Borax-Kusek
T-Mobile USA,Inc./Omnipoint Communications,Inc.
723 Osgood Street,Stevens Estate
Map 35,Lot 23
Site Plan Special Permit
The Planning Board herein approves the Site Plan Special Permit to co-locate 3 panel antennas concealed
within the existing monopole owned by Sprint, one external 15"GSM antenna,one external 7"GPS
antenna,the construction of 3 equipment cabinets enclosed within Sprint's lease area at the base of the
facility,and the expansion of the existing stockade fence to approximately 9' x 22'. The premise
affected is located at 723 Osgood Street, Map 35,Parcel 23 within the Residential 1 and 2 Zoning
Districts. This Special Permit was requested by Omnipoint Communications Inc., 15 Commerce Way,
Suite B,Norton,MA. This application and additional documentation as cited herein was filed with the
Planning Board on June 16,2006 with subsequent submittals on file.
The Planning Board makes the following findings as required by the North Andover Zoning Bylaw
Section 8.9:
FINDINGS OF FACT:
1. The specific site is an appropriate location for the project as it is being co-located on an existing
wireless location.
2. The use as developed will not adversely affect the neighborhood as indicated by the analysis
conducted by Kamal R. Johari, certified engineer — Radio Frequency Analysis, Marc Chretian,
certified engineer—Acoustical Noise Impact Statement(6/12/06), and Semaan Engineering Solutions
—Flagpole Structural Analysis(12/30/03).
3. The carrier has demonstrated that the facility is necessary in order to provide adequate service to the
public.
4. The plan meets the requirements of the Wireless Service Facilities By-law section 8.9.
5. Adequate and appropriate facilities will be provided for the proper operation of the proposed use.
Given the majority of work will reside within the existing monopole structure, the visual impacts of
the project will be diminutive and preserves the character and integrity of the area.
6. The terms and conditions of this special permit will only become binding upon the successful
conclusion of an executed lease agreement with the Town of North Andover for the installation and
construction of said project.
Finally the Planning Board finds that this project generally complies with the Town of North Andover
Zoning Bylaw requirements as listed in Section 8.9 but requires conditions in order to be fully in
compliance. The Planning Board hereby grants an approval to the applicant provided the following
conditions are met:
SPECIAL CONDITIONS:
1)Discontinuance Abandonment
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a) At such time that a licensed carrier plans to abandon or discontinue o eratio virele ao-
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equipment, such carrier will notify the Town by certified US mail of thsed"ate
abandonment or discontinuation of operations. Such notice shall be given 6har0 dna
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T-Mobile USA,Inc./Omnipoint Communications,Inc.
723 Osgood Street,Stevens Estate
Map 35,Lot 23
Site Plan Special Permit
prior to abandonment or discontinuation of operations. In the event that a licensed carrier fails s 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 wireless
service equipment at the site, "this clause only binding upon successful conclusion of lease
agreement with the Town of North Andover", 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 cagier;shall remove-the-facility.-
2)
emovethefacility.2) Term of Special Permit.
a) A Special Permit issued for any wireless service facility shall be valid for three (3) years. The
special permit may be renewed under the same criteria as the original special permit, provided
that the application for renewal of the special permit is made prior to the expiration date of the
original or any renewed special permit. Additional measures governing the administration of the
special permit are found in Section 10.3 of the Zoning Bylaw.
b) After the equipment on the facility is in operation, the applicant shall submit to the SPGA,within
90 days of beginning operations and at annual intervals from the date of issuance of the Special
Permit, preexistent and current RFR measurements. Such measurements shall be signed and
certified by an RF engineer, stating that RER measurements are accurate and are in compliance
3
T-Mobile USA,Inc./Omnipoint Communications,Inc.
723 Osgood Street,Stevens Estate
Map 35,Lot 23
Site Plan Special Permit
or why the measurements fail to comply with all applicable FCC Guidelines as specified in
Section 8.9(4)(c)(1) RFR Filing Requirements of this Bylaw. The measurements shall be
submitted for the equipment proposed on this facility. This condition shall be in effect until
such time as an additional carrier proposes equipment on this facility. At that time, this
obligation will fall upon the proponent of the additional equipment so as to obtain a better
measure of the cumulative effect of the facility.
c) The applicant and co-applicant or their successor in interest shall maintain the wireless service
equipment in good condition. Such maintenance shall include, but shall not be limited to,
painting, structural integrity of the equipment.
3. Prior to the endorsement of the plans by the Planning Board, the applicant must comply with
the following conditions:
a) The applicant shall provide a map indicating the intended locations for testing as required above.
b) A bond in the amount of one thousand dollars ($1,000.00) shall be posted for the purpose of
insuring that a final as-built plan showing the location of all on-site structures. The bond is also
in place to insure that the site is constructed in accordance with the approved plan. This bond
shall be in the form of a check made out to the Town of North Andover. This check will then be
deposited into an interest bearing escrow account.
4. Prior to the start of construction:
a) A construction schedule shall be submitted to the Planning Staff for the purpose of tracking the
construction and informing the public of anticipated activities on the site.
5. Prior to FORM U verification(Building Permit Issuance):
a) The final site plan mylar must be endorsed and three (3) copies of the signed plans must be
delivered to the Planning Department.
b) A certified copy of the recorded decision must be submitted to the Planning Department.
c) The applicant shall adhere to the following requirements (if applicable) of the North Andover
Fire Department and the North Andover Building Department:
1. All structures must contain a commercial fire sprinkler system. The plans and hydraulic
calculations for each commercial system shall be submitted for review and approval by the
North Andover Fire Department. Plans and hydraulic calculations for each commercial
system must also be supplied to the Building Department.
6. Prior to verification of the Certificate of Use and Occupancy:
a) The applicant must submit a letter from the architect or engineer of the project stating that the
construction and operations substantially comply with the plans referenced at the end of this
decision as endorsed by the Planning Board.
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T-Mobile USA,Inc./Omnipoint Communications,Inc.
723 Osgood Street,Stevens Estate
Map 35,Lot 23
Site Plan Special Permit
b) All lighting (if applicable) placed by the carrier on the subject property shall have underground
wiring and shall be so arranged that all direct rays from such lighting falls entirely within the site
and shall be shielded or recessed so as not to shine upon abutting properties or streets. The
Planning Office must approve any changes to the approved lighting plan as submitted by the
applicant.
c) The commercial fire sprinkler systems (if applicable) must be installed in accordance with
referenced standard NFPA 13D and in accordance with 780 CMR, Chapter 9 of the
Massachusetts State Building Code. Certification that the systems have been installed properly in
accordance with the above referenced regulations must be provided from both the North Andover
Fire Department and the North Andover Building Department to the applicant. The applicant must
then provide this certification to the North Andover Planning Department.
7. Prior to the final release of security:
a) A final as-built plan showing final construction and location of the wireless hardware shall be
submitted to and reviewed by the Planning Staff.
8. Any stockpiling of materials (dirt, wood, construction material, etc.) must be shown on a plan and
reviewed and approved by the Planning Staff. Any approved piles must remain covered at all times
to minimize any dust problems that may occur with adjacent properties. Any stockpiles to remain for
longer than one week must be fenced off and covered.
9. In an effort to reduce noise levels, the applicant shall keep in optimum working order, through
regular maintenance, any and all equipment that shall emanate sounds from the structures or site.
10. No equipment or other equipment that will emanate noise-exceeding levels cited herein shall be
placed on the exterior of the structure. Such equipment shall be enclosed as shown on the plans.
11. All site lighting shall provide security for the site and structures however it must not create any glare
or project any light onto adjacent residential properties.
12. The contractor shall contact Dig Safe at least 72 hours prior to commencing any excavation.
13. The provisions of this conditional approval shall apply to and be binding upon the applicant, its
employees and all successors and assigns in interest or control.
14. Any action by a Town Board, Commission,or Department that requires changes in the plan or design
of the building as presented to the Planning Board, may be subject to modification by the Planning
Board.
15. Any revisions shall be submitted to the Town Planner for review. If these revisions are deemed
substantial,the applicant must submit revised plans to the Planning Board for approval.
16. This Special Permit approval shall be deemed to have lapsed after three years from the date permit
granted unless substantial use or construction has commenced. Substantial use or construction will
be determined by a majority vote of the Planning Board.
5
T-Mobile USA,Inc./Omnipoint Communications,Inc.
723 Osgood Street,Stevens Estate
Map 35,Lot 23
Site Plan Special Permit
17. The following waivers were granted in determining this decision:
a) 8.9.5(d)(ii)(4) — Location Filing Requirements. A map showing the other preexistent and
approved wireless service facilities in North Andover and outside North Andover within one
mile of its boundary.
b) 8.9.5(d)(iii) Siting Filing Requirements. A one-inch-equals-40 feet plan prepared by a Registered
Professional Engineer in the Commonwealth of Massachusetts.
c) 8.9.5(d)(iii)(3) Siting Filing Requirements. Tree cover on the subject property and all properties
directly abutting the subject property,by dominant species and average height.
d) 8.9.5(d)(iii)(9) Siting Filing Requirements. Contours at each 2 feet AMSL for the subject
property and adjacent properties within 300 feet.
e) 8.9.5(d)(iii)(12) Siting Filing Requirements. Lines representing the sight line showing viewpoint
(point from which view is taken) and visible point (point being viewed) from 'Sight Lines"
subsection below.
f) 8.9.5(d)(iv)(1) Site Line Representations. A sight line representation shall be drawn from any
public road within 300 feet and the closest facade of each residential building(viewpoint)within
300 feet to the highest point (visible point) of the wireless service facility. Each sight line shall
be depicted in profile, drawn at one-inch equals 40 feet scale. The profiles shall show all
intervening trees and buildings. In the event there is only one (or more) residential building
within 300 feet there shall be at least two sight lines from the closest habitable structures or
public roads, if any.
g) 8.9.5(d)(iv)(3) Proposed (after condition) photographs. Each of the preexistent condition
photographs shall have the proposed wireless service facility superimposed on it to show what
will be seen from public roads and residential buildings if the proposed wireless service facility
is built.
h) 8.9.5(d)(iv)(4) Siting elevations or views at-grade from the north, south, east and west for a 50-
foot radius around the proposed wireless service facility plus from all preexistent public and
private roads that serve the subject property. Elevations shall be at either one-quarter inch equals
one foot or one-eight inch equals one-foot scale and show the following:
i) 8.9.5(d)(iv)(4)(d) Preexistent trees and shrubs at current height and proposed trees and shrubs at
proposed height at time of installation,with approximate elevations dimensioned.
j) 8.9.5(d)(v)(3) Colors of the proposed wireless service facility represented by a color board
showing actual colors proposed. Colors shall be provided for the antenna mounts, equipment
shelters,cables as well as cable runs,and security barrier, if any.
k) 8.9.5(d)(v)(5) Appearance shown by at least two photographic superimpositions of the wireless
service facility within the subject property. The photographic superimpositions shall be provided
for the antennas, mounts, equipment shelters, cables as well as cable runs, and security barrier, if
any, for the total height,width and breadth.
6
T-Mobile USA,Inc./Omnipoint Communications,Inc.
723 Osgood Street,Stevens Estate
Map 35,Lot 23
Site Plan Special Permit
1) 8.9.5(d)(v)(6) Landscape plan including preexistent trees and shrubs and those proposed to be
added, identified by size of specimen at installation and species.
m) 8.9.5(d)(v)(7) During the public hearing process the applicant shall schedule with the Planning
Board a balloon or crane test at the proposed site, at the expense of the applicant,to illustrate the
height of the proposed facility.
n) 8.3.5(e)(ii) Survey of Lot/Parcel: A boundary survey conforming to the requirements of the
Essex County Registry of Deeds Office. The survey shall be dated and include any revision
made to the survey or site plan. Any change in the survey shall be recorded before site plan
approval may be granted.
18. The following information shall be deemed part of the decision:
Plan titled: Sprint Stevens Estate
723 Osgood Street
North Andover,MA 01845
Site Number: 4BS-0658-D
Site Type: Colocate/Unipole
Prepared for: Omnipoint Communications, Inc.
15 Commerce Way, Suite B
Norton,MA 0276614
Prepared by: Coler&Colantonio
55 Bobala Road
Holyoke,MA 01040
Dated: June 14,2006
Sheets: Tl,Z1 and Z2
Report: 100 ft EEI Flagpole Monopole
Structural Analysis
Prepared for: Sprint Sites USA
535 East Crescent Ave
Ramsey,NH 07446
Prepared by: Semaan Engineering Solutions
1047 N.204"Avenue
Elkhorn,NH 68022
December 30,2003
Report: Affidavit of Radio Frequency Expert&
Preexistent and Maximum Power Measurements
Prepared for: Omnipoint Communications, Inc./T-Mobile USA,Inc.
50 Vision Boulevard
East Providence, RI 02914
Prepared by: Kamal Johari,RF Engineer
Omnipoint Communications, Inc./T-Mobile USA,Inc.
50 Vision Boulevard
East Providence,RI 02914
7
T-Mobile USA,Inc./Omnipoint Communications,Inc.
723 Osgood Street,Stevens Estate
Map 35,Lot 23
Site Plan Special Permit
Report: Acoustical Noise Impact Statement
Prepared for: Omnipoint Communications,Inc./T-Mobile USA,Inc.
50 Vision Boulevard
East Providence,RI 02914
Prepared by: MRC Engineering Inc.
31 Trowbridge Drive
North Kingstown,RI 02852
June 12,2006
cc. Applicant
Engineer
DPW
Building Department
CD
E:) v.
Ln
c-�
8
d aavG.
Dear:
As you know, the Planning Board issued a decision for the following permit:
Name of Applicant
Z23-
Location of Premises
Your 20-day appeal period will have passed at midnight on the following date.
1. Once the appeal period has passed, please pick up your,Town Clerk-certified
copy of the Planning Board's decision from the Town Clerk's office located at
120 Main Street,North Andover, MA 01845 (phone 978-688-9501).
2. Please bring the Town Clerk-certified copy of the decision and the signed
mylar to the North Essex Registry of Deeds, 381 Common Street,Lawrence,
MA 01840 (phone: 978-683-2745)as the decision and mylar must be filed at
the Registry of Deeds as soon as possible.
3. Once this is completed please bring: a) copy of the certified decision;b)three
(3)paper copies of the signed mylar plans; c)the Registry of Deeds receipt;to
the Planning Department which is located at Osgood Landing, 1600 Osgood
Street, North Andover, MA 01845. Failure to file the decision and mylar with
the Registry of Deeds will result in your inability to exercise your special
permit and/or definitive subdivision approval and your inability to obtain a
building permit with the Building Department. A Special Permit granted
under the provision contained herein shall be deemed to have lapsed after a
two (2)year period from the date on which the Special Permit was granted
unless substantial use or construction has commenced and an extension has
been granted by the Planning Board.
If you have any questions, please feel free to call (978-688-9535)or fax(978-
688-9542), Monday thru Friday 8:30 to 4:30 pm.
20dayApealLetter
Of pORTH Town of North Andover
ttyeu Fy"�w4
Office of the Planning Department a,
ED
* Community Development and Services Pision
Osgood Landing
X1,9 ®tnu e^�,h g g
SSw�Hus� 1600 Osgood street 2007 OCT —4 AM 11 36
Building#20,Suite 2-36
Lincoln Daley North Andover,Massachusetts 01845 e # 5
Town Planner
P(978)688-9535 MASS"C 4 M
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: October 3, 2007
Date: September 4, 2007, Sept. 18,& October 2, 2007.
Petition of: Sprint Spectrum LP d/b/a Sprint PCS("Sprint PCS") and New
Cingular Wireless PCS LLC("Cingular")
One International Boulevard, Suite 500,Mahwah,NJ 07495
Premises Affected: Stevens Estate, 723 Osgood Street,North Andover,MA 01845
Map 35,Parcel 23
Referring to the above petition with provision of M.G.L., Chapter 40A, Section 11 &
Section 8.3, 8.9& 10.3 of the zoning bylaw for a Site Plan Special Permit in order to
allow for the(previously constructed)operation of a 100'tall wireless communications
facility& associated equipment located on Stevens Estate at 723 Osgood Street,North
Andover, MA within R-1 zoning district.
At a public hearing given on the above date,the Planning Board voted to APPROVE a
Site Plan Special Permit with a unanimous vote of 4-0 based on the following
conditions:
Signed: __
Lincoln Daley, To fanner
cc: Applicant
Engineer Richard Nardella, Chairman
Abutters John Simons, Vice Chairman
Town Departments Jennifer Borax-Kusek, regular member
Timothy Seibert, alternate member
BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535
723 Osgood Street
Sprint Spectrum L.P.
Renewal of Special Permit—Wireless Service Facility
The Planning Board herein approves the Special Permit Renewal so as to allow the applicants to operate
and maintain a 100' tall wireless service facility (monopole) containing two wireless service carriers
located at 723 Osgood Street in the Residential 1 Zoning District. This renewal is granted pursuant to
Massachusetts General Law, Chapter 40A, 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, Crossroads Corporate Center, Suite 800, One International Boulevard,
Mahwah, NJ 07495. The application and additional documentation as cited herein was filed with the
Planning Board on July 25,2007 with subsequent submittals on file.
The Planning Board makes the following findings as required by the North Andover Zoning Bylaw
Section 8.9:
FINDINGS OF FACT:
1. The specific site is an appropriate location for the project as the site is extremely large(153 acres),
topographically higher than the surrounding area,contains significant and extensive forested land
owned by the Town within which the flagpole-style facility will blend for an aesthetic and
understated wireless communication installation.
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#17.
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#17.
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#16.
5. Adequate and appropriate facilities will be provided for the proper continued operation of the
proposed use. The monopole,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 Board finds,that because this particular flagpole-style installation constitutes a camouflaged
facility under Sections 8.9.2.d, 8.9.3.b.2, 8.9.3.c.i, 8.9.4.a.ii,and 8.9.4.d.ii,the requirements for dense
tree growth to screen views under Sections 8.9.3.c.ii, 8.9.4.aii, and 8.9.4.d.ii do not apply. In any
event, the proposed installation is situated in an area of dense natural tree growth on the Stevens
Estate property, so that the requirements for dense tree growth to screen views are satisfied.
w
7. The Radio-Frequency emissions of the facility meet applicable FCC guidelines and regulations.
8. 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
723 Osgood Street
Sprint Spectrum L.P.
Renewal of Special Permit—Wireless Service Facility M°
SPECIAL CONDITIONS: 2007 OCT _G AM 11: 37
1. Discontinuance Abandonment
J ,;
a) At such time that a licensed carrier plans to abandon or discontinue ope Cuff jq4+ i s;service
equipment, such carrier will notify the Town by certified US mail M".proprec -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.
2
723 Osgood Street
Sprint Spectrum L.P.
Renewal of Special Permit—Wireless Service Facility
b) Funds, sufficient in the opinion of the SPGA to cover annual maintenance of the equipment on
the facility,shall be placed into escrow and shall be held by the independent escrow agent who
shall be authorized to expend the funds for the maintenance of the equipment on the facility on
terms to be agreed upon by the carrier and the SPGA as a condition of approval of the special
permit.
c) 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) Failure to obtain the information required in subsection 8.9(8)of the Zoning Bylaw shall result in
a fine of not more than $300.00 dollars for each offense. Each day that such violation continues
shall constitute a separate offense.
3
723 Osgood Street
Sprint Spectrum L.P.
Renewal of Special Permit—Wireless Service Facility
f) A certified copy of the recorded decision must be submitted to the Planning Department.
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.
8. Prior to the final release of security:
a) A final as-built plan showing final construction and location of the wireless hardware shall be
submitted to and reviewed by the Planning Staff.
9. 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.
10. The original Special Permit granted on November 14, 2001 and approved site plans referenced in
Condition #17 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.
11. 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.
12. The applicant shall immediately inform the Planning Department in writing of any/all changes in
name, company ownership, and contact information.
13. 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.
14. 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.
15. 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 October 2, 2010.
Prior to the expiration date of the renewed special permit,the applicant and its successors shall file a
Renewal application.
16. The following waivers were granted in determining this decision:
a) Section 8.9(5)(d)(iii)(3) to label tree cover on the subject property and all properties directly
abutting the subject property,by dominant species and average height on the plan.
b) Section 8.9(5)(d)(iii)(4) to outline all existing buildings, including purpose on subject property
and all properties adjacent to the subject property on the plan.
c) Section 8.9(5)(d)(vii)(3) to submit a copy of the letter from the Massachusetts Department of
Public Health approving the site for the facility.
4
723 Osgood Street
Sprint Spectrum L.P.
Renewal of Special Permit—Wireless Service Facility
d) Section8.9 (5)(d)(viii) requiring an Environmental Assessment C'Ex') that meets FCC
requirements shall be submitted to the Town for each wireless service facility site that requires
such an EA to be submitted to the FCC.
17. The following information shall be deemed part of the decision:
a) Plan titled: Sprint Steven's Estate
723 Osgood Street
North Andover,MA 01845
Prepared for: Sprint Spectrum L.P.
Crossroads Corporate Center, Suite 800
One International Boulevard,
Mahwah,NJ 07495
Prepared by: Coler&Colantonio,Inc.
101 Accord Park Drive
Norwell,MA 02061
Dated: 03/28/03
Sheets: T-1, A-1, A-2, D-1, D-2, E-1 through E-5, AT&T Shelter&Foundations Details
Sheet 3 sheets.
b) Plan titled: Sprint Spectrum LP
Site Plan
723 Osgood Street
Prepared for: Sprint Spectrum L.P.
Crossroads Corporate Center, Suite 800
One International Boulevard,
Mahwah,NJ 07495
Prepared by: Coler&Colantonio,Inc.
101 Accord Park Drive
Norwell,MA 02061
Dated: 03/04/03
Sheets: Z-3
c) Report: Application for Wireless Services Facility Special Permit Renewal,
July 18,2007
Prepared for: Sprint Spectrum LP d/b/a Spring PCS and New Cingular Wireless PCS LLC
Prepared by: Brown Rudnick Berlack Israels LLP
121 South Main Street
Providence,RI 02903
cc. Building Inspector
Applicant
Engineer
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2738 Rowland Road.SAW 10%Rddoti NC 29 61.5Ptc 01*W1012 Fac Wg-)?WIOM
_,ate. _ .. " ��� .. , ,_, �, .. ,�.," �.•. . � � . . �.. ��: �. .. _
Structural Analysis Report
SBA Network Services, Inc.
Site ID:MA01085-A
March 16,2007
TABLE OF CONTENTS
EXECUTIVE SUMMARY:............................................................. 3
Conclusions
Recommendations
APPURTENANCE LISTING........................................................... 4
RESULTS.................................................................................. 6
GENERAL COMMENTS............................................................... 7
LIMITATIONS........................................................................... 7
APPENDIX.................. .. ....................... .......................... 8
2
2730 Rowland Road,Suite 100, Raleigh,NC 27615 Ph: (919)755-1012 Fax: (919)755-1031 info@fdh-inc.com
Structural Analysis Report
SBA Network Services,Inc.
Site ID: MA01085-A
March 16,2007
EXECUTIVE SUMMARY
At the request of SBA Network Services,FDH Engineering performed an analysis of the existing
guy tower located in North Andover,MA to determine whether the tower is structurally adequate
to support both the existing and proposed loads, pursuant to the Structural Standards for Steel
Antenna Towers and Antenna Supporting Structures, TMIEIA-222-F. Information pertaining to
the existing/proposed antenna. loading, current tower geometry, and the member sizes was
obtained from:
• Sterling Engineering(Project No. 061-697) structural analysis report dated February 17,
2005
• Sterling Engineering(Project No. 061-575)tower reinforcement drawings dated May 25,
2004
• URS Greiner(Job No. 0535525.03) existing tower elevation and layout dated October 7,
1998
• SBA Network Services.
The basic design wind speed per TIA/EIA-222-F standards is 90 MPH without ice and 78 MPH
with ''/i"radial ice.
Conclusions
With the current loading and proposed antennas from Sprint in place at 130 ft. and 75 ft.
respectively, the tower meets the requirements of the TIAIEIA-222-F standards. Furthermore,
provided the foundations were reinforced per Sterling Engineering's modification drawings (see
Sterling Project No. 061-575),the foundations should have the necessary capacity to support the
existing and proposed loading. For a more detailed description of the analysis of the tower, see
the Results section of this report.
Our structural analysis has been performed assuming all information provided to FDH is accurate
(i.e.,the steel data,tower layout,current antenna loading,and proposed antenna loading)and that
the tower was properly erected and maintained per the original design drawings.
Recommendation
To ensure the requirements of the TIAIEIA-222-F standards are met with the existing and
proposed loading in place,we have the following recommendations:
1. Coax lines must be installed as shown in Figure 1.
3
2730 Rowland Road,Suite 100,Raleigh,NC 27515 Ph. (919)755-1012 Fax (919)755-1031 info@fdh-inc.com
Structural Analysis Report
SBA Network Services, Inc.
Site ID:MA01085-A
March 16,2007
APPURTENANCE LISTING
The proposed and existing antennas with their corresponding cables/coax lines are shown in
Table 1. If the actual layout deterinined in the field deviates from this layout, FDH should be
contacted to petforni a revised analysis.
Table 1 —Appurtenance Loading
Existing Loading:
Centerline i
Antenna Elevation •, Description
1-2 152 (1) 1-1/4" Skytel (2) 10'Whips
(1)7/8'
3-14 140 (12)1-518" Future (12)Allgon 7184
15-20 130 (12) 1-5/8"2.3 Sprint (6)CSA PCSA-065-13-2
21-32 120 (12) 1-5/8"4 Cingular (12)CSS DUO1417-959-00
g + 6 TMA's
33 117 (1)1/2- WBZ (1)10'Whip
34-45 100 (12)1-5/8- Verizon (12)Swedcom SE9012
46 85 (1)LDF4-58/RG8 Arch (1)Celwave PD1 187
47 45 (1)LDF4-58/RG8 Arch (1) Decibel DB212
-- 20 (1)1/4" — (1)GPS
1 See Figure 1 for coax location.
2 Currently,Sprint has(6)antennas and(6)coax installed at 130 ft. According to information provided by SBA,Sprint
may install up to(12)coax for a total loading of(6)antennas and(12)coax.
3 Sprint will modify their existing loading at 130 ft. See the proposed loading below.
4 Currently,Cingular is installed at 100 ft. According to information provided by SBA,Cingular will move their loading
from 100 ft.to 120 fL
Proposed Loading:
ElevationCenterline
Antenna • Lines Carrier Description
1-12 130 (15) 1-58" Sprint (6) RFS APXV86-906513-C
6 Decibel DB950F65T2E-M
— 75 (1) 1/2" Sprint (1)GPS
1 This represents the final loading configuration for Sprint at 130 ft. According to information provided by SBA,Sprint
will replaced the existing(6)antennas with(6)APXV86-906513-C and(6)DB950F65T2E-M. Sprint will also add
(9)1-5/8"coax for a total loading of(12)antennas and(15)coax at 130 ft.
'I
4
2730 Rowland Road,Suite 100, Raleigh,NC 27615 Ph: (919)755-1012 Fax: (919)755-1031 info@fdh-inc.com
Structural Analysis Report
SBA Network Services, Inc.
Site ID:MA01085-A
March 16,2007
(12)1-5/8"EXISTING COAX
o FOR CINGULAR TO 120'
00
0
0
0
(12)1-5/8"FUTURE COAX TO 140' 0
00
(12)1-5/8"EXISTING COAX
FOR VERIZON TO 100'
(6)1-5/8"EXISTING COAX
o :•� (9)1-5/8"PROPOSED COAX
FOR SPRINT TO 130'
0 0 0 0
o� (1)1/4"EXISTING COAX TO 20'
O O
O
(1)1/2"EXISTING COAX
(2)LDF4-58/RG8 COAX FOR WBZ TO 117'
FOR ARCH TO 85'&45' =PROPOSED (1)1-1/4"EXISTING COAX
(1)7/8"EXISTING COAX
=FUTURE FOR SKYTEL TO 152'
o =EXISTING
Figure I —Coax Layout
5
2730 Rowland Road,Suite 100,Raleigh,NC 27615 Ph: (919)755-1012 Fax (919)755-1031 info aQfdh-inc.com
Structural Analysis Report
SBA Network Services,Inc.
Site ID:MA01085-A
March 16,2007
RESULTS
The following yield strength of steel for individual members was used for analysis:
Table 2-Material Strength
Legs 50 ksi
Diagonals 36 ksi
Horizontals 36 ksi
Table 3 displays the summary of the ratio(as a percentage)of actual force in the member to their
allowable capacities. Values greater than 100% indicate locations where the maximum force in
the member exceeds its allowable capacity. Note: Capacities up to 105% are considered
acceptable. Table 4 displays the factor of safety for each guy level. Values less than 2.0 indicate
overstressing. Table 5 displays the maximum foundation reactions.
If the assumptions outlined in this report differ from actual field,conditions, FDH should be
contacted to perform a revised analysis. Furthermore, as no information pertaining to the
allowable twist and sway requirements for the existing or proposed appurtenances was provided,
deflection and rotation were not taken into consideration when performing this analysis.
See the Appendix for detailed modeling information
Table 3—Summary of Working Percentage of Structural Components
ProposedExisting and
Bottom Elevation .. Elevation Max. , Allowable
Legs Diagonals
146 152 31% 12% 3%
136 146 73% 52% 2%
126 136 81% 31% 2%
116 126 79% 55% 2%
106 116 61% 75% 2%
96 106 76% 101% 3%
90 96 48% 18% 12%
80 90 62% 61% 1%
70 80 70% 40% 2%
60 70 72% 18% 1%
50 60 72% 32% 2%
40 50 70% 45% 2%
30 40 71% 36% 1%
20 30 77% 21% 2%
10 1 20 77°10 26% 2%
0 1 10 76% 39% 1%
'Capacities include 113 allowable increase for wind.
6
2730 Rowland Road,Suite 100,Raleigh,NC 27615 Ph: (919)755-1012 Fax (919)755-1031 info@fdh-inc.com
Structural Analysis Report
SBA Network Services, Inc.
Site ID:MA01085-A
March 16,2007
Table 4—Guy Wire Factor of Safety
Factor of Safety With
Guy Level Guy Wire Size Existing and - ...
Loading
152 ft 3/4"EHS 4.79
96 ft 3/4"EHS 3.61
40 ft 9/16"EHS 2.75
Factor of Safety must be greater than or equal to 2.0 per TIAIEIA-222-F standards.
Table 5—Maximum Base Reactions
Existing and Proposed Loading
Reaction Horizontal Vertical
Tower Base 2.5 k 116 k
Anchor @ 100' 31k 25k
Anchor @ 140' 16 k 17k
GENERAL COMMENTS
This engineering analysis is based upon the theoretical capacity of the structure. It is not a
condition assessment of the tower and its foundation. It is the responsibility of SBA to verify that
the tower modeled and analyzed is the correct structure. If there are substantial modifications
made to the appurtenance loading provided by SBA, FDH Engineering should be notified
immediately to perform a revised analysis.
LIMITATIONS
All opinions and conclusions are considered accurate to a reasonable degree of engineering
certainty based upon the evidence available at the time of this report. All opinions and
conclusions are subject to revision based upon receipt of new or additional/updated information.
All services are provided exercising a level of care and diligence equivalent to the standard and
care of our profession. No other warranty or guarantee, expressed or implied, is offered. Our
services are confidential in nature and we will not release this report to any other party without
the client's consent. The use of this engineering work is limited to the express purpose for which
it was commissioned and it may not be reused, copied, or distributed for any other purpose
without the written consent of FDH Engineering,Inc.
I
7
2730 Rowland Road,Suite 100,Raleigh,NC 27615 Ph: (919)755-1012 Fax (919)755-1031 info@fdh-inc.com
Structural Analysis Report
SBA Network Services,Inc.
Site ID:MA01085-A
March 16,2007
APPENDIX
8
2730 Rowland Road,Suite 100,Raleigh,NC 27615 Ph: (919)755-1012 Fax: (919)755-1031 info@fdh-inc.com
' 152.0 fl ��'a-Quit
Q
z H ® 146.0 ft S� i�t00A0ft
Ua
a�$
C
0
136.0 ft 'oy,
r
I
I o
r Q 126.0 ft
r z
t? X m o o N ry R=97AOD ft 810400 ft
ii �a $ R•tgT pp g 1 -MOD ft
a n
116.0 R PLAN
105.0 R DESIGNED APPURTENANCE LOADING
TYPE ELEVATION TYPE ELEVATION
C .q 10'Whip(Skytei) 152 DUO14174"(CLodw) 120
Z Krod 6'Side Mount Standoff(1) 152 DU01417-958.00(Cingular) 120
U) 96.0 8 (Swel) PROD 10'.UghtweightT-Frena 120
n ,meg 10'wttip(sww) 152. (Lingular)
F ¢ Phad 8'Side Mount Standoff(1) 152 PiROD 10'Ughtweight T-Frame 120
W O O O
® = Fys (SSU (cingular)
90_0 R ��+ 7184.(Fukxe) 140 PiROD 10 Ugh watgMT Frame 120
7184(Future) 140 (C'wgul,4
n - 7184(Fukxe) 140 10'Whip(WB?) 117
C 9, 0D i0'UghtualigM 7-Frame 140 Plmd 6'Sade Mount Standoff(1) 117
l
(Future)
80.0 ft PROD 10'Ughtweight T-Freme 140 (4)SE 9012-DIN(Verizon) 100
o (Fukee) PROD IV Lightweight T-Frame 100
N (1/edzan)
PROD 10 UBh@xeipht T Frame top
P
Q (Fwure) PROD 10'Lightweightm
T-Frae 100
z (2)DB950F65T2E M(SP�9 130 (Vedzon)
r 70.0 R (2)D89M5T2E-M(Sprint) 150 PiROD 14'UghtwdAhtT-Franla tOD
(2).DB95DF68TU-M(Spina) 130ROD Nedzon)
(4)SE 9012-DIN
a R 10'UphlwaigM T-Frame 130 . Nom) 100
f ROD (4)SE W12-DiN(Verizon) 100
PROD 10'Ughtweight T Frame 130 5 Platfomtttomus arm 95
60.0 ft (Sprint) Pirod 8'Side Mown Standoff(1) 85
Fd=10'ugtdweght T-Frame 130 (Arch)
(Sprint) PD1 167(Arch} 85
(2)APXV86WS51342(Spent) .130 D8212-1(Arch) 45
(2)APXV86908513•C(SPMA 130 �}'side Mount Standoff(1) 45
SOA ft M APXV86-W8513-C(Sprint) 130
m DU0l41T4WW(C1nWW 112D
N X 7- N Q o p SYMBOL LIST
~ O X D!
A ° a m n MARK SIZE MARK SIZE
a. 40.0 R
riZF A PT.Sx276(GR) C L317Tx4x7/15
tiiS�L,Y B L2.tf2x21r1z112
r0�7.> MATERIAL STRENGTH
ntr GRADE F Fu GRADE Fu
30.0 R 8572.50 50 ksi 85 ksi A35 135 158ksii
\TOWER DESIGN NOTES 1
1. Tower is located in Essex County,Massachusetts.
< 20.0 ft 2. Tower designed for a 90 mph basic wind in accordance with the TIA/EIA--222-F
a = Standard. l
3. Tower is also designed for a 78 mph basic wind with 0.50 in ice.
4. Deflections are based upon a 50 mph wind.
5. Grouted pipe Pc is 8 ksi,
10.o ft a Tower model shown for analysis purposes only.
7. TOWER RATING:100.9%
25208 to 1748416
m 25215 b 3130681 \'B 1506616 �6
R-133.00 ft
1156391b{Axial) R=100.80 ft
ti
80 lb-ft(Torque)
z U m m
y a
y
FDHEngine ?ft ION
N.Andovw
2730 Rowland Road Pralaet 07'0335E -
Raleigh,NC L"""SBA Network Services Drawn by PEL AWd
Phone:(919)755-1012 cad' TIA/EIA-222-F Date:03/19/07 S"'a: NTS
FAX 919 755-1031 Pam: Dwg No'E-1
Of rt6RT01 Town of North Andover
a Office of the Planning Department
* Community Development �-
pment and Se
rvices Ii�risoili -
��
Osgood Landing
SS�cwuSg
1600 Osgood Street 2007 GCT — i i J 1 3G
Building#20,Suite 2-36
Lincoln Daley North Andover, Massachusetts 01845
Town Planner
P (978) 688-9135 Edi;f i
F(978)68$-952 MASS' _
NOTICE OF DECISION
Any appeal shall be filed
within (20) days after the
date of filing this Notice
in the office of the Town Clerk.
Date: October 3, 2007
Date: September 4, 2007, Sept. 18, & October 2, 2007.
Petition of: Sprint Spectrum LP d/b/a Sprint FCS ("Sprint PCS") and New
Cingular Wireless PCS LLC ("Cingular")
One International Boulevard, Suite 800,Mahwah, NJ 07495
Premises Affected: Stevens Estate, 723 Osgood Street, North Andover,MA 01845
Map 35, Parcel 23
Referring to the above petition with provision of M.G.L., Chapter 40A, Section 11 &
Section 8.3, 8.9& 10.3 of the zoning bylaw for a Site Plan Special Permit in order to
allow for the (previously constructed)operation of a 100' tall wireless communications
facility& associated equipment located on Stevens Estate at 723 Osgood Street, North
Andover, MA within R-1 zoning district.
At a public hearing given on the above date, the Planning Board voted to APPROVE a
Site Plan Special Permit with a unanimous vote of 4-0 based on the following
conditions:
Signed:
Tanner
cc: Applicant Lincoln Daley, To
6 Engineer Richard Nardella, Chairman
Abutters John Simons, Vice Chairman
Town Departments Jennifer Borax-Kusek, regular member
Timothy Seibert, alternate member
Bldg. ZBA
Con/Com Health
Fire Chief Police Chief
Town Clerk DPW/Engineers
BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535
723 Osgood Street
Sprint Spectrum L.P.
Renewal of Special Permit—Wireless Service Facility
The Planning Board herein approves the Special Permit Renewal so as to allow the applicants to operate
and maintain a 100' tall wireless service facility (monopole) containing two wireless service carriers
located at 723 Osgood Street in the Residential 1 Zoning District. This renewal is granted pursuant to
Massachusetts General Law, Chapter 40A, 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, Crossroads Corporate Center, Suite 800, One International Boulevard,
Mahwah, NJ 07495. The application and additional documentation as cited herein was filed with the
Planning Board on July 25, 2007 with subsequent submittals on file.
The Planning Board makes the following findings as required by the North Andover Zoning Bylaw
Section 8.9:
FMIN
GS OF FACT:
1. The specific site is an appropriate location for the project as the site is extremelylar
topographically higher than the surrounding area., contains significant large este acres),
owned by the Town within which the flagpole-style facility will lend for aesthetic extensive
oanted land
understated wireless communication installation. d
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#17.
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#17.
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#16.
5. Adequate and appropriate.facilities will be provided for the proper continued operation P on of the
proposed use. The monopole, 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 Board finds, that because this particular flagpole-style installation constitutes a camouflaged
facility under Sections 8.9.2.d, 8.9.3.b.2, 8.9.3.c.i, 8.9.4.a.ii, and i'8.9.4.d
. i,the requirements for dense
tree growth to screen views under Sections 8.9.3.c-ii, 8.9.4.aii, and 8.9.4.d.ii do not apply. In any
event,the proposed installation is situated in an area of dense natural tree growth on the Stevens
Estate property, so that the requirements for dense tree growth to screen views are satisfied.
7. The Radio-Frequency emissions of the facility meet applicable FCC guidelines and regulations.
8. 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
Iisted 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:
723 Osgood Street
Sprint Spectrum L.P.
Renewal of Special Permit—Wireless Service Facility
^} t,y fJ
SPECIAL CONDITIONS:
1. Discontinuance Abandonment 2007 Vit: I
a) At such time that a licensed carrier plans to abandon or discontinue oper4 iPn tlf'wrreless service
equipment, such carrier will notify the Town by certified US mail &At propoied'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
carrier and the SPGR. The carrier shall authorize and, necessrow agent to be appointed by the
Of the owner of the property to allow the escrow agent to ente u on the sub ect prop the authorization
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
property covering the difference in cost. upon the
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 SPCA.
2
723 Osgood Street
Sprint Spectrum L.P.
Renewal of Special Permit—Wireless Service Facility
b) Funds, sufficient in the opinion of the SPGA to cover annual maintenance of the equipment on
the facility, shall be placed into escrow and shall be held by the independent escrow agent who
shall be authorized to expend the funds for the maintenance of the equipment on the facility on
terms to be agreed upon by the carrier and the SPGA as a condition of approval of the special
permit.
c) 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 SPGR, 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
p 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) Failure to obtain the information required in subsection 8.9(8)of the Zoning Bylaw shall result in
a fine of not more than $300.00 dollars for each offense. Each day that such violation continues
shall constitute a separate offense.
3
723 Osgood Street
Sprint Spectrum L.P.
Renewal of Special Permit—Wireless Service Facility
A certified copy of the recorded decision must be submitted to the Planning Department.
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.
8. Prior to the final release of security:
a) A final as-built plan showing final construction and location of the wirele
submitted to and reviewed by the Planning Staff. ss hardware shall be
9. In an effort to reduce noise levels, the carriers shall keep their respective
working order, through regular maintenance, P e equipment in optimum
the structures or site. y and all equipment that shall emanate sounds from
10. The original Special'Permit granted on November 14, 2001 and approved site plans
Condition #17 by the Planning Board are herein mcoip referenced
successors shall orated by reference. The applicant d its
comply withany/all terms and conditions of the said Special Permit.
11. The provisions of this approval shall apply to and be binding upon the applicant, its em l
all successors and assigns in interest or control p oyees and
12. The applicant shall immediately inform the Planning D
name,company ownership, and contact information. Department in writing of any/all changes in
13. Any action by a Town Board, Commission, or Department that requires changes in t
he plan or design
of the building as presented to the Planning Board, may be subject to modification by the Planning
g
14. Any revisions shall be submitted to the Town planner for review. If these revisions are dee
substantial, the applicant must submit revised plans to the Planning Board for approval. med
15. In accordance with Section 8.9.12 of the Zoning Bylaw, this Special Permit approval shall be d
to have lapsed after three (3) years from the date Permitate eemed
Prior to the expiration date of the renewed special permit,the aapplicant and its successors October
slit' 2010.
Renewal application. all file a
16. The following waivers were granted in determining this decision:
a) Section 8.9(5)(d)(iii)(3) to label tree cover on the subject property and allroperties
abutting the subject property, by dominant species and average height on the plan, directly
b) Section 8.9(5)(d)(iii)(4) to outline all existing buildings, including purpose on sub'ecf ro e
and all properties adjacent to the subject property on the plan. p p rty
c) Section 8.9(5)(d)(vii)(3) to submit a co
Public Health a r Q PY of the letter from the Massachusetts D
pp ov the site for the facility. epartment of
ing
4
723 Osgood Street
Sprint Spectrum L.P.
Renewal of Special Permit—Wireless Service Facility
d) Section8.9 (5)(d)(viii) requiring an Environmental Assessment ("EA") that meets FCC
requirements shall be submitted to the Town for each wireless service facility site that requires
such an EA to be submitted to the FCC.
17. The following information shall be deemed part of the decision:
a) Plan titled: Sprint Steven's Estate
723 Osgood Street
North Andover,MA 01845
Prepared for. Sprint Spectrum L.P.
Crossroads Corporate Center, Suite 800
One International Boulevard,
Mahwah,N3 07495
Prepared by: Coler&Colantonio, Inc.
101 Accord Park Drive
Norwell,MA 02061
Dated: 03/28/03
Sheets: T-1, A-1, A-2, D-1, D-2, E-1 through E-5, AT&T Shelter& Foundations Details
Sheet 3 sheets.
b) Plan titled: Sprint Spectrum LP
Site Plan
723 Osgood Street
Prepared for: Sprint Spectrum L.P.
Crossroads Corporate Center, Suite 800
One International Boulevard,
Mahwah, NJ 07495
Prepared by: Coler&Colantonio, Inc.
101 Accord Park Drive
Norwell,MA 02061
Dated: 03/04/03
Sheets: Z-3
c) Report: Application for Wireless Services Facility Special Permit Renewal,
July 18, 2007
Prepared for: Sprint Spectrum Lp d/b/a Spring PCS and New Cingular Wireless PCS LLC
Prepared by: Brown Rudnick Berlack Israels LLP
121 South Main Street
Providence,RI 02903
cc. Building Inspector
Applicant
Engineer
N
;> v
5 ��
y NORTH
Of,, eo 6.�kG
' ,�?ea.f v, ♦ OL
B�ACFNf
Town of North Andover 2006 OCT 2 7 P l 3:
Planning Department
1600 Osgood Street, Bldg. 20, Suite 2-36 °$ '
NORTH
North Andover, Massachusetts 01845 t1ASS
Phone: 978-688-9535 Fax: 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: October 25, 2006
Date: July 18 thru October 3, 2006
Petition of: Omnipoint Communications,Inc.
15 Commerce Way, Suite B,Norton,MA
Premises Affected: Stevens Estate,723 Osgood Street,North Andover,MA 01845
Map 35,Parcel 23
Referring to the above petition with provision of M.G.L., Chapter 40A, Section 11 &
Section 8.3, 8.9& 10.3 of the zoning bylaw Site Plan Special Permit in order to
allow to co-locate 3 panel antennas con ed thin the existing monopole owned by
Sprint, one external 15" GSM antenna, o external 7" GPS antenna, the construction of
3 equipment cabinets enclosed within Sprint's lease area at the base of the facility, and
the expansion of the existing stockade fence to approximately 9'x22'. Premises affected
is located within the R-1 and R-2 Zoning District.
At a public hearing given on the above date,the Planning Board voted to APPROVE a
Site Plan Special Permit with a unanimous vote of 5-0 based on the following
conditions:
Signed: _
Lincoln Daley, To Planner
cc: Applicant
Engineer Richard Nardella, Chair
Abutters John Simons, Vice Chair
Town Departments Richard Rowen, acting Clerk
Alberto Angles
Jennifer Borax-Kusek
T-Mobile USA, Inc./Omnipoint Communications,Inc.
723 Osgood Street,Stevens Estate
Map 35,Lot 23
Site Plan Special Permit
The Planning Board herein approves the Site Plan Special Permit to co-locate 3 panel antennas concealed
within the existing monopole owned by Sprint,one external 15"GSM antenna, one external 7"GPS
antenna,the construction of 3 equipment cabinets enclosed within Sprint's lease area at the base of the
facility, and the expansion of the existing stockade fence to approximately 9' x 22'. The premise
affected is located at 723 Osgood Street,Map 35,Parcel 23 within the Residential 1 and 2 Zoning
Districts. This Special Permit was requested by Omnipoint Communications Inc., 15 Commerce Way,
Suite B,Norton, MA. This application and additional documentation as cited herein was filed with the
Planning Board on June 16,2006 with subsequent submittals on file.
The Planning Board makes the following findings as required by the North Andover Zoning Bylaw
Section 8.9:
FINDINGS OF FACT:
1. The specific site is an appropriate location for the project as it is being co-located on an existing
wireless location.
2. The use as developed will not adversely affect the neighborhood as indicated by the analysis
conducted by Kamal R. Johari, certified engineer — Radio Frequency Analysis, Marc Chretian,
certified engineer—Acoustical Noise Impact Statement(6/12/06),and Semaan Engineering Solutions
—Flagpole Structural Analysis(12/30/03).
3. The carrier has demonstrated that the facility is necessary in order to provide adequate service to the
public.
4. The plan meets the requirements of the Wireless Service Facilities By-law section 8.9.
5. Adequate and appropriate facilities will be provided for the proper operation of the proposed use.
Given the majority of work will reside within the existing monopole structure, the visual impacts of
the project will be diminutive and preserves the character and integrity of the area.
6. The terms and conditions of this special permit will only become binding upon the successful
conclusion of an executed lease agreement with the Town of North Andover for the installation and
construction of said project.
Finally the Planning Board finds that this project generally complies with the Town of North Andover
Zoning Bylaw requirements as listed in Section 8.9 but requires conditions in order to be fully in
compliance. The Planning Board hereby grants an approval to the applicant provided the following
conditions are met:
SPECIAL CONDITIONS:
COVO CIO `=7
(TI rq
C)
1)Discontinuance Abandonment �'-_c�E
.1 J
a) At such time that a licensed carrier plans to abandon or discontinue operation oTless-Tr
equipment, such carrier will notify the Town by certified US mail of theosedate gO
abandonment or discontinuation of operations. Such notice shall be given nocl6si than N da
4
2
T-Mobile USA,Inc./Omnipoint Communications,Inc.
723 Osgood Street,Stevens Estate
Map 35,Lot 23
Site Plan Special Permit
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 wireless
service equipment at the site, "this clause only binding upon successful conclusion of lease
agreement with the Town of North Andover", 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) Term of Special Permit.
a) A Special Permit issued for any wireless service facility shall be valid for three (3) years. The
special permit may be renewed under the same criteria as the original special permit, provided
that the application for renewal of the special permit is made prior to the expiration date of the
original or any renewed special permit. Additional measures governing the administration of the
special permit are found in Section 10.3 of the Zoning Bylaw.
b) After the equipment on the facility is in operation,the applicant shall submit to the SPGA, within
90 days of beginning operations and at annual intervals from the date of issuance of the Special
Permit, preexistent and current RFR measurements. Such measurements shall be signed and
certified by an RF engineer, stating that RER measurements are accurate and are in compliance
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T-Mobile USA,Inc./Omnipoint Communications,Inc.
723 Osgood Street,Stevens Estate
Map 35,Lot 23
Site Plan Special Permit
or why the measurements fail to comply with all applicable FCC Guidelines as specified in
Section 8.9(4)(c)(1) RFR Filing Requirements of this Bylaw. The measurements shall be
submitted for the equipment proposed on this facility. This condition shall be in effect until
such time as an additional carrier proposes equipment on this facility. At that time, this
obligation will fall upon the proponent of the additional equipment so as to obtain a better
measure of the cumulative effect of the facility.
c) The applicant and co-applicant or their successor in interest shall maintain the wireless service
equipment in good condition. Such maintenance shall include, but shall not be limited to,
painting, structural integrity of the equipment.
3. Prior to the endorsement of the plans by the Planning Board, the applicant must comply with
the following conditions:
a) The applicant shall provide a map indicating the intended locations for testing as required above.
b) A bond in the amount of one thousand dollars ($1,000.00) shall be posted for the purpose of
insuring that a final as-built plan showing the location of all on-site structures. The bond is also
in place to insure that the site is constructed in accordance with the approved plan. This bond
shall be in the form of a check made out to the Town of North Andover. This check will then be
deposited into an interest bearing escrow account.
4. Prior to the start of construction:
a) A construction schedule shall be submitted to the Planning Staff for the purpose of tracking the
construction and informing the public of anticipated activities on the site.
5. Prior to FORM U verification(Building Permit Issuance):
a) The final site plan mylar must be endorsed and three (3) copies of the signed plans must be
delivered to the Planning Department.
b) A certified copy of the recorded decision must be submitted to the Planning Department.
c) The applicant shall adhere to the following requirements (if applicable) of the North Andover
Fire Department and the North Andover Building Department:
1. All structures must contain a commercial fire sprinkler system. The plans and hydraulic
calculations for each commercial system shall be submitted for review and approval by the
North Andover Fire Department. Plans and hydraulic calculations for each commercial
system must also be supplied to the Building Department.
6. Prior to verification of the Certificate of Use and Occupancy:
a) The applicant must submit a letter from the architect or engineer of the project stating that the
construction and operations substantially comply with the plans referenced at the end of this
decision as endorsed by the Planning Board.
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T-Mobile USA,Inc./Omnipoint Communications,Inc.
723 Osgood Street,Stevens Estate
Map 35,Lot 23
Site Plan Special Permit
b) All lighting (if applicable) placed by the carrier on the subject property shall have underground
wiring and shall be so arranged that all direct rays from such lighting falls entirely within the site
and shall be shielded or recessed so as not to shine upon abutting properties or streets. The
Planning Office must approve any changes to the approved lighting plan as submitted by the
applicant.
c) The commercial fire sprinkler systems (if applicable) must be installed in accordance with
referenced standard NFPA 13D and in accordance with 780 CMR, Chapter 9 of the
Massachusetts State Building Code. Certification that the systems have been installed properly in
accordance with the above referenced regulations must be provided from both the North Andover
Fire Department and the North Andover Building Department to the applicant. The applicant must
then provide this certification to the North Andover Planning Department.
7. Prior to the final release of security:
a) A final as-built plan showing final construction and location of the wireless hardware shall be
submitted to and reviewed by the Planning Staff.
8. Any stockpiling of materials (dirt, wood, construction material, etc.) must be shown on a plan and
reviewed and approved by the Planning Staff. Any approved piles must remain covered at all times
to minimize any dust problems that may occur with adjacent properties. Any stockpiles to remain for
longer than one week must be fenced off and covered.
9. In an effort to reduce noise levels, the applicant shall keep in optimum working order, through
regular maintenance, any and all equipment that shall emanate sounds from the structures or site.
10. No equipment or other equipment that will emanate noise-exceeding levels cited herein shall be
placed on the exterior of the structure. Such equipment shall be enclosed as shown on the plans.
11. All site lighting shall provide security for the site and structures however it must not create any glare
or project any light onto adjacent residential properties.
12. The contractor shall contact Dig Safe at least 72 hours prior to commencing any excavation.
13. The provisions of this conditional approval shall apply to and be binding upon the applicant, its
employees and all successors and assigns in interest or control.
14. Any action by a Town Board, Commission, or Department that requires changes in the plan or design
of the building as presented to the Planning Board, may be subject to modification by the Planning
Board.
15. Any revisions shall be submitted to the Town Planner for review. If these revisions are deemed
substantial, the applicant must submit revised plans to the Planning Board for approval.
16. This Special Permit approval shall be deemed to have lapsed after three years from the date permit
granted unless substantial use or construction has commenced. Substantial use or construction will
III be determined by a majority vote of the Planning Board.
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T-Mobile USA,Inc./Omnipoint Communications,Inc.
723 Osgood Street,Stevens Estate
Map 35,Lot 23
Site Plan Special Permit
17. The following waivers were granted in determining this decision:
a) 8.9.5(d)(ii)(4) — Location Filing Requirements. A map showing the other preexistent and
approved wireless service facilities in North Andover and outside North Andover within one
mile of its boundary.
b) 8.9.5(d)(iii) Siting Filing Requirements. A one-inch-equals-40 feet plan prepared by a Registered
Professional Engineer in the Commonwealth of Massachusetts.
c) 8.9.5(d)(iii)(3) Siting Filing Requirements. Tree cover on the subject property and all properties
directly abutting the subject property,by dominant species and average height.
d) 8.9.5(d)(iii)(9) Siting Filing Requirements. Contours at each 2 feet AMSL for the subject
property and adjacent properties within 300 feet.
e) 8.9.5(d)(iii)(12) Siting Filing Requirements. Lines representing the sight line showing viewpoint
(point from which view is taken) and visible point (point being viewed) from 'Sight Lines"
subsection below.
f) 8.9.5(d)(iv)(1) Site Line Representations. A sight line representation shall be drawn from any
public road within 300 feet and the closest facade of each residential building(viewpoint)within
300 feet to the highest point (visible point) of the wireless service facility. Each sight line shall
be depicted in profile, drawn at one-inch equals 40 feet scale. The profiles shall show all
intervening trees and buildings. In the event there is only one (or more) residential building
within 300 feet there shall be at least two sight lines from the closest habitable structures or
public roads, if any.
g) 8.9.5(d)(iv)(3) Proposed (after condition) photographs. Each of the preexistent condition
photographs shall have the proposed wireless service facility superimposed on it to show what
will be seen from public roads and residential buildings if the proposed wireless service facility
is built.
h) 8.9.5(d)(iv)(4) Siting elevations or views at-grade from the north, south, east and west for a 50-
foot radius around the proposed wireless service facility plus from all preexistent public and
private roads that serve the subject property. Elevations shall be at either one-quarter inch equals
one foot or one-eight inch equals one-foot scale and show the following:
i) 8.9.5(d)(iv)(4)(d) Preexistent trees and shrubs at current height and proposed trees and shrubs at
proposed height at time of installation,with approximate elevations dimensioned.
j) 8.9.5(d)(v)(3) Colors of the proposed wireless service facility represented by a color board
showing actual colors proposed. Colors shall be provided for the antenna mounts, equipment
shelters,cables as well as cable runs, and security barrier, if any.
k) 8.9.5(d)(v)(5) Appearance shown by at least two photographic superimpositions of the wireless
service facility within the subject property. The photographic superimpositions shall be provided
for the antennas, mounts, equipment shelters, cables as well as cable runs, and security barrier, if
any, for the total height,width and breadth.
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T-Mobile USA,Inc./Omnipoint Communications,Inc.
723 Osgood Street,Stevens Estate
Map 35,Lot 23
Site Plan Special Permit
1) 8.9.5(d)(v)(6) Landscape plan including preexistent trees and shrubs and those proposed to be
added, identified by size of specimen at installation and species.
m) 8.9.5(d)(v)(7) During the public hearing process the applicant shall schedule with the Planning
Board a balloon or crane test at the proposed site, at the expense of the applicant,to illustrate the
height of the proposed facility.
n) 8.3.5(c)(ii) Survey of Lot/Parcel: A boundary survey conforming to the requirements of the
Essex County Registry of Deeds Office. The survey shall be dated and include any revision
made to the survey or site plan. Any change in the survey shall be recorded before site plan
approval may be granted.
18. The following information shall be deemed part of the decision:
Plan titled: Sprint Stevens Estate
723 Osgood Street
North Andover,MA 01845
Site Number: 4BS-0658-D
Site Type: Colocate/Unipole
Prepared for: Omnipoint Communications,Inc.
15 Commerce Way, Suite B
Norton,MA 0276614
Prepared by: Coler& Colantonio
55 Bobala Road
Holyoke,MA 01040
Dated: June 14,2006
Sheets: T1,ZI and Z2
Report: 100 ft EEI Flagpole Monopole
Structural Analysis
Prepared for: Sprint Sites USA
535 East Crescent Ave
Ramsey,NH 07446
Prepared by: Semaan Engineering Solutions
1047 N. 204th Avenue
Elkhorn,NH 68022
December 30,2003
Report: Affidavit of Radio Frequency Expert&
Preexistent and Maximum Power Measurements
Prepared for: Omnipoint Communications,Inc./T-Mobile USA,Inc.
50 Vision Boulevard
East Providence,RI 02914
Prepared by: Kamal Johari, RF Engineer
Omnipoint Communications, Inc./T-Mobile USA, Inc.
50 Vision Boulevard
East Providence,RI 02914
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T-Mobile USA,Inc./Omnipoint Communications,Inc.
723 Osgood Street,Stevens Estate
Map 35,Lot 23
Site Plan Special Permit
Report: Acoustical Noise Impact Statement
Prepared for: Omnipoint Communications,Inc./T-Mobile USA,Inc.
50 Vision Boulevard
East Providence,RI 02914
Prepared by: MRC Engineering Inc.
31 Trowbridge Drive
North Kingstown,RI 02852
June 12,2006
CC. Applicant
Engineer
DPW
Building Department
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