HomeMy WebLinkAboutMiscellaneous - 1275 TURNPIKE STREET ottt ,a AA
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Town Clerk DPW/Engineers NOTICE OF DECISION
Planning "Surrounding Towns" ite Plan Review Special Permit Modification
Date of Decision: September 17,2008
Application of: Mesiti Development
231 Sutton St, Suite 2F
North Andover, MA 01845
Premises Affected: Boston Ski Hill, Turnpike St (Rte. 114) and Johnson Road, Assessor's
Map 107A& 107C,Lots 149 & 10, within the Village Residential Zone
In May 2002, the Planning Board unanimously voted to grant the applicant, Mesiti Development, 231
Sutton St, Suite 2F,North Andover,MA 01845, a Site Plan Review Special Permit for the construction of
96 age restricted town homes with grading and landscaping improvements. The project is located within
the Village Residential (VR) Zoning District on Map 107A & 107C, Parcels 149 & 10 with frontage on
Salem Turnpike(Route 11.4).
On October 16, 2007,the Planning Board voted unanimously to grant an extension of the Special Permit
for Site Plan review to the applicant for a period of one year to October 26,2008.
On August 11, 2008,the applicant filed an Application for a Modification to the Site Plan Review.Special
Permit with the Planning Board pursuant to Section 8.3 of the Town of North Andover Zoning Bylaw.
After a public hearing given on the above date, the Planning Board voted unanimously to APPROVE A
SITE PLAN SPECIAL PERMIT MODIFICATION for the above mentioned premises.
orth`Andov r Plan ing Board
John Simons, Chairman
Jennifer Kusek, Clerk
Richard Rowen
Tim Seibert
Michael Walsh
Boston Ski Hill/Mesiti Development Corp.
Map 107A& 107C,Parcels 149& 10
Site Plan Review Special Permit—Modification
September 17,2008
Conditions
After a public hearing given on September 17, 2008, the Planning Board voted unanimously to Approve
the Modifications to the Site Plan Review Special Permit for the premises affected,with the following
conditions:
1. Modification of Phase I &2 to eliminate the demolition of the retaining walls,the pavement and
the removal of the guardrail from Phase 1 and add that work to the scope of Phase 2. All other
items as shown on the Plan will be completed.
2. Completion of Phase 1 constitutes"substantial use and construction"as specified in the original
decision in section 7L.
3. Reduction of Site Opening Bond/Erosion Control Bond from$20,000 to$5,000.
4. Defer the requirement to post a Slope Stabilization Bond,per condition 2C of original Decision
dated May 15,2007,to be made prior to the commencement of Phase 2.
5. Install erosion control barrier(silt fence and hay bale)as shown on plan entitled"Phase 1
Demolition Plan,Boston Hill in North Andover"prepared by Marchionda&Associates,L.P.,
dated 4/15/02 and revised 8/20/08.
6. Demolish existing lodge,out building and pump house. Retain slabs of buildings to be
demolished and fill existing basement area to grade. Retain as much of the existing bituminous
concrete parking area as possible.
7. Abandon existing underground utilities in place(do not excavate and remove).
8. Cut existing suction line pipe from snow making pond 6 inches below grade and leave remainder
in place.
9. Remove elevated water discharge pipe by cutting it into manageable lengths without disruption to
existing wetland vegetation.
10. Stabilize all disturbed areas with 4 inches loam and seed.
11. In accordance with Condition No. 2(A)of the Special Permit,for each of the five(5)phases of
work described in the Specifications,prior to the commencement of work for each phase, a
construction schedule shall be submitted to the Town Planner. The schedule shall include a
timetable for substantial completion of that phase. (The term"substantial completion"refers to
the definition in Condition No. 4(J)of the Special Permit.)No timetable for any one phase shall
exceed 24 months; if work for the phase is not completed within the 24 month period;then the
Special Permit shall deemed to have expired; provided,however,that reasonably prior to the end
of any 24-month period the permittee may seek from the Planning Board an extension of said 24-
month period for good cause.
The following information shall be deemed part of this decision:
Plan titled: Phase 1 Demolition Plan in No.Andover,MA
Prepared for: Mesiti Development Group.
231 Sutton St., Suite 2F
North Andover,Massachusetts 01845
Prepared by: Marchionda&Associates,L.P.
62 Montvale Ave.
Stoneham,MA 02180
2
Boston Ski Hill/Mesiti Development Corp.
wlap 107A& 107C,Parcels 149& 10
Site Plan Review Special Permit—Modification
September 17,2008
Scale: 1"=80'
Date: April 15,2002,revised to 8/20/2008
Sheets: 1
3
aoRrk�
Town of North Andover E-lI E D
Office of the Planning De artme4 ". "� 07 1';
-
Rss E� Commuu Development and Servicel 12: 21
Osgood Landing
1600 Osgood Street
Budding#20, NORTH r
North Andover,Massachusetts 01845
P(978)688-9535
F(978)688-9542
NOTICE OF DECISION
Any appeal shall be filed
within(20) days after the
date of filing this Notice
in the office of the Town
Clerk.
Date of Decision: July 16, 2008
Date of first hearing: July 1, 2008&July 15, 2008
Petition of Bell Atlantic Mobile of Mass Corp., Ltd.,d/b/a Verizon Wireless, 400
Friberg Parkway, Westborough, MA 01581.
Premises Affected: Turnpike Street, a/k/a Five Boston a/k/a 1275 Turnpike Street,
North Andover,MA 01845
Referring to the above petition for a Special Permit, Section 8.9(3) (a) (iii)& 10.3 of the
North Andover Zoning Bylaw for renewal of a Special Permit by the Town of North
Andover Planning Board authorizing the applicant to operate and maintain the existing
wireless service facility on the existing concrete structure on the site within the V-R
zoning district.
After a public hearing given on the above date, the Planning Board voted to APPROVE a
renewal of a Special Permit based upon the following conditions:
Curt Bellavance, Director
John Simons, Chairman
Jennifer Kusek, Clerk
Richard Rowen, regular member
Timothy Seibert, regular member
BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535
L
r'.7
2008 JUL 18 PH 2• 2 1
Bell Atlantic Mobile of Mass Corp., d/b/a Verizon Wireless,400 Friberg Parkway,
Westborough, MA 01581.
For premises located at: Turnpike Street, a/k/a Five Bosto RW 1 75.Turnpike
Street, North Andover, MA O1845.
Referring to the above petition for a Special Permit, Section 8.9 (3)(a)(iii) & 10.3 of the
North Andover Zoning Bylaw to allow for a renewal of a Special Permit by the Town of
North Andover Planning Board authorizing the applicant to operate and maintain the
existing wireless service facility on the existing concrete structure on the site within the
V-R zoning district.
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 and has been used
continuously for wireless telecommunications purposes since at least 2005 and there
will be no change to the existing facilities or antennas.
2. The use as developed will not adversely affect the neighborhood as indicated by the
analysis conducted by Donald L. Haes, Jr., PH.D., CHP, Radiation Safety Specialist.
3. The carrier has demonstrated that the facility is necessary in order to provide adequate
service to the public.
Finally the Planning Board finds that this project generally complies with the Town of
North Andover Zoning Bylaw requirements as listed in Section 8.9 but requires
conditions in order to be fully in compliance. The Planning Board hereby grants an
approval to the applicant provided the following conditions are met:
SPECIAL CONDITIONS:
1) Discontinuance Abandonment
a) At such time that a licensed carrier plans to abandon or discontinue operation of
wireless service equipment, such carrier will notify the Town by certified US mail
of the proposed date of abandonment or discontinuation of operations. Such
notice shall be given no less 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
1275 Turnpike St.
Renewal of Special Permit
Page 2
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) 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.
2) Term of Special Permit:
I) 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(July 2011) 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.
2) 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) In an effort to reduce noise levels,the applicant shall keep in optimum working
order, through regular maintenance, any and all equipment that shall emanate sounds
from the structures or site.
4) 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.
5) 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.
1275 Turnpike St.
Renewal of Special Permit
Page 3
6) The provisions of this Special Permit shall apply to and be binding upon the
applicant, its employees and all successors and assigns in interest or control.
7) This Special Permit approval shall be deemed to have lapsed after three years
from the date permit granted(July 2011)unless substantial use or construction has
commenced. Substantial use or construction will be determined by a majority vote of the
Planning Board.
The following waivers were granted in determining this decision:
1) The application to renew the Special Permit for the existing facility complies with
the application procedure requirements of Section 8.9.5, except that waivers pursuant
to section 8.9.5(d)(ix) are requested,consistent with those granted under the 2005
Special Permit.
2) Waiver of outside consultant review in connection with the application to renew
the Site Plan Special Permit by Bell Atlantic Mobile of Massachusetts Corporation,
Ltd., d/b/a Verizon Wireless.
The following information shall be deemed part of the decision:
Plan titled: Verizon Wireless
North Andover,Turnpike Street,North Andover,MA
01845 .
Prepared for: John C.Farnum, owner
Dated: Received by the Planning Department May 27,2008
Sheets: T-1,P-1, P-2, P-3, P-4,P-5, P-6, P-7, P-8, P-9.
Prepared by: Dewberry-Goodkind, Inc.
280 Summer St., 10th floor
Boston, MA 02210
Bradford A. Mills, P.E. 33966
Dated 5/21/2008
1275 Turnpike St.
Renewal of Special Permit
Page 4
i t
L1Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands DEP File Number:
WPA-Form-5_-_Order-of Conditions----_ _ --242-1376____ ----__ __
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
A. General Information
Important: North Andover
When filling From: Conservation Commission
out forms on
the computer, 2. This issuance is for(check one): ® Order of Conditions ❑ Amended Order of Conditions
use only the
tab key to 3.To: Applicant:
move your
cursor-do not Boston Hill LLC, c/o Mesiti Development Corp.
use the return a.First Name b.Last Name c.Company
key. 100 Andover By-Pass, Suite 300
d.Mailing Address
'L�i� North Andover MA. 01845
e.Cityrrown f.State g.Zip Code
4. Property Owner(if different from applicant):
a.First Name b.Last Name c.Company
d.Mailing Address
e.City/Town f.State g.Zip Code
5. Project Location:
1275 Turnpike Street North Andover
a.Street Address b.City/Town
Map 107A& 107C Parcels 149& 10
c.Assessors Map/Plat Number d.Parcel/Lot Number
Latitude and Longitude, if known(note: N 42-47-08 E 71-07-30
electronic filers will click for GIS locator): e.Latitude f.Longitude
6. Property recorded at the Registry of Deeds for(attach additional information if more than one parcel):
Essex North
a.County b.Certificate(if registered land)
4932 127
c.Book dPag
7. Dates: 11/29/06 J a --- 7
a.Date Notice of Intent Filed b.Date Pu6lic Hbaring Closed c.Datd of I uance
s. Final Approved Plans and Other Documents(attach additional plan or document references as
/n�ee_ddedl- � i
'JX366,w l��-An Ao. �d G,mw,114Ll, '5"-6 1 *rau�►oa
a.Plan Title
Marchionda&Associates, L. P. Paul A. Marchionda, P. E.
b.Pr pared By c.Signed and Stamped by
/ 0 1"=40'
d.Final Revision Date e.Scale
See, gu4s, ,W
f.Additional Plan or Document Title g.Date
9. Total WPA Fee Paid: $3,850.00 $ 1,012.50 $2,837.50
a.Total Fee Paid b.State Fee Paid c.City/Town Fee Paid
wpaform5.doc• rev.3/1/05 Page 1 of 9
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands DEP File Number:
111�P ►form Order 6 -Conditions - -- --- 242-1376 _
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
B. Findings
1. Findings pursuant to the Massachusetts Wetlands Protection Act:
Following the review of the above-referenced Notice of Intent and based on the information provided
in this application and presented at the public hearing, this Commission finds that the areas in which
work is proposed is significant to the following interests of the Wetlands Protection Act. Check all that
apply:
a. ® Public Water Supply b. ❑ Land Containing Shellfish c. ® Prevention of Pollution
d. ® Private Water Supply e. 171Fisheries f. ® Protection of Wildlife
Habitat
g. ® Groundwater Supply h. ® Storm Damage Prevention i. ® Flood Control
2. This Commission hereby finds the project,as proposed,is:(check one of the following boxes)
Approved subject to:
® the following conditions which are necessary in accordance with the performance standards set forth
in the wetlands regulations. This Commission orders that all work shall be performed in accordance
with the Notice of Intent referenced above,the following General Conditions, and any other special
conditions attached to this Order. To the extent that the following conditions modify or differ from the
plans, specifications, or other proposals submitted with the Notice of Intent,these conditions shall
control.
Denied because:
❑ the proposed work cannot be conditioned to meet the performance standards set forth in the wetland
regulations. Therefore,work on this project may not go forward unless and until a new Notice of Intent is
submitted which provides measures which are adequate to protect these interests, and a final Order of
Conditions is issued. A description of the performance standards which the proposed work cannot
meet is attached to this Order.
❑ the information submitted by the applicant is not sufficient to describe the site, the work, or the effect
of the work on the interests identified in the Wetlands Protection Act.Therefore,work on this project may
not go forward unless and until a revised Notice of Intent is submitted which provides sufficient information
and includes measures which are adequate to protect the Act's interests, and a final Order of Conditions
is issued'. A description of the specific Information which is lacking and why it is necessary is
attached to this Order as per 310 CMR 10.05(6)(c).
Inland Resource Area Impacts:Check all that apply below. (For Approvals Only)
❑ Buffer Zone Impacts: Shortest distance between limit of project disturbance and
wetland boundary(if available) linear feet
Resource Area Proposed Permitted Proposed Permitted
Alteration Alteration Replacement Replacement
3. ❑ Bank a.linear feet b.linear feet c.linear feet d.linear feet
a. ❑ Bordering Vegetated
Wetland a.square feet b.square feet c.square feet d.square feet
5. ❑ Land Under a.square feet b.square feet c.square feet d.square feet
Waterbodies and
Waterways
-----
- — -- _--�e.cu.yd dredged f.cu.yd dredged
wpaform5.doc• rev,311/05 Page 2 of 9
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands DEP File Number:
WPAf dr-M--S-- order of C6h ifions LA 242-1376
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
B. Findings (cont.)
Resource Area Proposed Permitted Proposed Permitted
Alteration Alteration Replacement Replacement
s. [1 Bordering Land
Subject to Flooding a.square feet b.square feet c.square feet d.square feet
Cubic Feet Flood
Storage e.cubic feet f.cubic feet g.cubic feet h.cubic feet
7. ❑ Isolated Land Subject
to Flooding a.square feet b.square feet
Cubic Feet Flood
Storage c.cubic feet d.cubic feet e.cubic feet f.cubic feet
s. ❑ Rivertront area a.total sq.feet b.total sq.feet
Sq ft within 100 ft c.square feet d.square feet e.square feet f.square feet
Sq ft between 100-200 ft e.square feet f.square feet e.square feet f.square feet
Coastal Resource Area Impacts:Check all that apply below. (For Approvals Only)
9. ❑ Designated Port Indicate size under Land Under the Ocean, below
Areas
10. ❑ Land Under the
Ocean a.square feet b.square feet
c.cu.yd dredged d.cu.yd dredged
11. ❑ Barrier Beaches Indicate size under Coastal Beaches and/or Coastal Dunes below
12. ❑ Coastal Beaches
a.square feet b.square feet c.c/y nourishmt. d.cty nourishmt.
13. ❑ Coastal Dunes a.square feet b.square feet c.cly nourishmt. d.c y nourishmt
14. ❑ Coastal Banks a.linear feet b.linear feet
15. ❑ Rocky Intertidal
Shores a.square feet b.square feet
16. ❑ Salt Marshes
a.square feet b.square feet c.square feet d.square feet
17. ❑ Land Under Salt
Ponds a.square feet b.square feet
c.cu.yd dredged d.cu.yd dredged
18. ❑ Land Containing
Shellfish a.square feet b.square feet c.square feet d.square feet
19. ❑ Fish Runs Indicate size under Coastal Banks, inland Bank, Land Under the
Ocean, and/or inland Land Under Waterbodies and Waterways,
above
a.cu.yd dredged b.cu.yd dredged
_ 20. .❑ Land-Subject to--- ----- -- -- -
Coastal Storm Flowage a.square feet b.square feet
wpaform5.doc• rev.3/1/05 Page 3 of 9
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands DEP File Number:
WPA Form -5---order of-Conditions--
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
C. General Conditions Under Massachusetts Wetlands Protection Act
(only applicable to approved projects)
1. Failure to comply with all conditions stated herein, and with all related statutes and other regulatory
measures, shall be deemed cause to revoke or modify this Order.
2. The Order does not grant any property rights or any exclusive privileges; it does not authorize any
injury to private property or invasion of private rights.
3. This Order does not relieve the permittee or any other person of the necessity of complying with all
other applicable federal,state,or local statutes, ordinances, bylaws, or regulations.
4. The work authorized hereunder shall be completed within three years from the date of this Order
unless either of the following apply:
a. the work is a maintenance dredging project as provided for in the Act; or
b. the time for completion has been extended to a specified date more than three years, but less
than five years, from the date of issuance. If this Order is intended to be valid for more than three
years, the extension date and the special circumstances warranting the extended time period are
set forth as a special condition in this Order.
5. This Order may be extended by the issuing authority for one or more periods of up to three years each
upon application to the issuing authority at least 30 days prior to the expiration date of the Order.
6. Any fill used in connection with this project shall be clean fill.Any fill shall contain no trash, refuse,
rubbish, or debris, including but not limited to lumber, bricks, plaster,wire, lath, paper, cardboard,
pipe, tires, ashes, refrigerators, motor vehicles, or parts of any of the foregoing.
7. This Order is not final until all administrative appeal periods from this Order have elapsed, or if such
an appeal has been taken, until all proceedings before the Department have been completed.
8. No work shall be undertaken until the Order has become final and then has been recorded in the
Registry of Deeds or the Land Court for the district in which the land is located,within the chain of title
of the affected property. In the case of recorded land, the Final Order shall also be noted in the
Registry's Grantor Index under the name of the owner of the land upon which the proposed work is to
be done. In the case of the registered land,the Final Order shall also be noted on the Land Court
Certificate of Title of the owner of the land upon which the proposed work is done. The recording
information shall be submitted to this Conservation Commission on the form at the end of this Order,
which form must be stamped by the Registry of Deeds, prior to the commencement of work.
9. A sign shall be displayed at the site not less then two square feet or more than three square feet in
size bearing the words,
"Massachusetts Department of Environmental Protection" [or, "MA DEP"]
"File Number
242-1376 "
wpaform5.doc• rev.3/1/05 Page 4 of 9
Massachusetts Department of Environmental Protection
Bureau of Resource Protection -Wetlands DEP File Number:
-- - - ------- -
orm of-Condifions 242-1376
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
C. General Conditions Under Massachusetts Wetlands Protection Act
10. Where the Department of Environmental Protection is requested to issue a Superseding Order, the
Conservation Commission shall be a party to all agency proceedings and hearings before DEP.
11. Upon completion of the work described herein,the applicant shall submit a Request for Certificate of
Compliance(WPA Form 8A)to the Conservation Commission.
12. The work shall conform to the plans and special conditions referenced in this order.
13. Any change to the plans identified in Condition#12 above shall require the applicant to inquire of the
Conservation Commission in writing whether the change is significant enough to require the filing of a
new Notice of Intent.
14. The Agent or members of the Conservation Commission and the Department of Environmental
Protection shall have the right to enter and inspect the area subject to this Order at reasonable hours
to evaluate compliance with the conditions stated in this Order, and may require the submittal of any
data deemed necessary by the Conservation Commission or Department for that evaluation.
15. This Order of Conditions shall apply to any successor in interest or successor in control of the
property subject to this Order and to any contractor or other person performing work conditioned by
this Order.
16. Prior to the start of work, and if the project involves work adjacent to a Bordering Vegetated Wetland,
the boundary of the wetland in the vicinity of the proposed work area shall be marked by wooden
stakes or flagging. Once in place;the wetland boundary markers shall be maintained until a Certificate
of Compliance has been issued by the Conservation Commission.
17. All sedimentation barriers shall be maintained in good repair until all disturbed areas have been fully
stabilized with vegetation or other means.At no time shall sediments be deposited in a wetland or
water body. During construction, the applicant or his/her designee shalt inspect the erosion controls
on a daily basis and shall remove accumulated sediments as needed. The applicant shall immediately
control any erosion problems that occur at the site and shall also immediately notify the Conservation
Commission,which reserves the right to require additional erosion and/or damage prevention controls
it may deem necessary. Sedimentation barriers shall serve as the limit of work unless another limit of
work line has been approved by this Order.
18. All work associated with this Order is required to comply with the Massachusetts Stormwater Policy
Standards.
Special Conditions:
If you need more See attached
space for
additional
conditions,
select box to
attach a text
document
wpaforrn5.doc• rev.3/1/05 Page 5 of 9
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands SEP r=ile Number:
- WPA-f orm__5---Order-of Condition __ -- _ __ 242=11-37
ILI
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
D. Findings Under Municipal Wetlands Bylaw or Ordinance
1. Is a municipal wetlands bylaw or ordinance applicable? ® Yes ❑ No
2. The North Andover hereby hinds(check one that applies):
Conservation Commission
3. ❑ that the proposed work cannot be conditioned to meet the standards set forth in a municipal
ordinance or bylaw specifically:
a.Municipal Ordinance or Bylaw b.Citation
Therefore,work on this project may not go forward unless and until a revised Notice of Intent is
submitted which provides measures which are adequate to meet these standards, and a final Order of
Conditions is issued.
a. ® that the following additional conditions are necessary to comply with a municipal ordinance or
bylaw:
North Andover Wetland Protection Bylaw Chapter 178
a.Municipal Ordinance or Bylaw b.Citation
The Commission orders that all work shall be performed in accordance with the following conditions
and with the Notice of intent referenced above. To the extent that the following conditions modify or
differ from the plans, specifications, or other proposals submitted with the Notice of Intent,.the
conditions shall control.
If you need more c. The special conditions relating to municipal ordinance or law are as follows:
space for p 9 p y
additional See attached
conditions,
select box to
attach a text
document
wpaform5.doc- rev.3/1/05 Page 6 of 9
DEP FILE #242 -1376
Therefore, the North Andover Conservation Commission (hereafter the "NACU) hereby
that--the -following--conditions are--necessary--in accordance-with--the-Performance
Standards set forth in the State Regulations, the local ByLaw and Regulations, to protect
those interests noted above. The NACC orders that all work shall be performed in
accordance with said conditions and with the Notice of Intent referenced below. To the
extent that the following conditions modify or differ from the plans, specifications or other
proposals submitted with the Notice of Intent, the conditions shall control.
GENERAL CONDITIONS
18. Failure to comply with all conditions stated herein, and with all related statutes and other
regulatory measures, shall be deemed cause to revoke or modify this Order.
19. This Order does not grant any property rights or any exclusive privileges; it does not
authorize any injury to private property or invasion of property rights. However, the
NACC, agent of the NACC or the Department of Environmental Protection (DEP)
reserves the right to enter and inspect the property at all reasonable times until a
Certificate of Compliance is issued, to evaluate compliance with this Order of Conditions,
the Act (310 CMR 10.00), the North Andover Wetland ByLaw and Regulations, and may
require any information, measurements, photographs, observations, and/or materials, or
may require the submittal of any data or information deemed necessary by the NACC for
that evaluation. Further, work shall be halted on the site if the NACC, agent or DEP
determines that any of the work is not in compliance with this Order of Conditions.
Work shall not resume until the NACC is satisfied that the work will comply and has so
notified the applicant in writing.
20. This Order does not relieve the permittee or any other person of the necessity of
complying with all other applicable federal, state or local statutes, ordinances, by-laws or
regulations.
21. The work authorized hereunder shall be completed within three years from the date of
this order.
22. This Order may be extended by the issuing authority for one or more periods of up to one
year each upon application to the issuing authority at least thirty days (30) prior-to the
expiration date of the Order (Refer to Section 8.3)(p.37) of the North Andover Wetland
Regulations).
23. The NACC reserves the right to amend this Order of Conditions after a legally advertised
public hearing if plans or circumstances are changed or if new conditions or information
so warrant.
C:\Winword\OOC\242-13766osronHill.doc 1 NACC 1/25/2007
DEP FILE# 242 -1376
24. Where the Department of Environmental Protection (DEP) is requested to make a
—_ ,a—ucLenin11a t anc to issue _%Fc1rsedin9 Order,the-Conservation-COmmission-shah be a-
party to all agency proceedings and hearings before the Department.
25. This Order is issued under File No. 242-1376. This Order annexes and includes by
reference only in its entirety DEP File No. 242-1099. Certain record documents
previously submitted may still be considered relevant to this filing, including but not
limited to, drainage calculations and reports and stormwater management reviews.
26. The conditions of this decision shall apply to, and be binding upon, the applicant, owner,
its employees and all successors and assigns in interest or control. These obligations shall
be expressed in covenants in all deeds to succeeding owners of portions of the property.
27. The term "Applicant" as used in this Order of Conditions shall refer to the owner, any
successor in interest or successor in control of the property referenced in the Notice of
Intent, supporting documents and this Order of Conditions. The NACC shall be notified
in writing within 30 days of all transfers of title of any portion of property that takes place
prior to the issuance of a Certificate of Compliance.
28. The proposed work includes: Razing of the existing ski hill structures and associated
appurtenances; revegetation of the 25-foot No-Disturbance Zone; construction of a
detention area and associated grading; grading of a floodplain compensation area;
construction of hiking trails; construction of a portion of buildings 8, 9 & 10 and
associated grading; construction of a portion of roadway; and associated drainage
features and grading.
29. The work shall conform to the following (except as noted in the remainder of this
document where revisions may be required):
Notice of Intent filed by: Boston Hill LLC (Applicant)
Mesiti Development Corp.
100 Andover By-Pass, Suite 300
North Andover,MA 01845
Dated October 2006
Notice of Intent includes the attached Boston Hill
Operation & Maintenance Plan, dated 12/31/01, revised
1/24/02.
Site Plans prepared by: Marchionda &Associates,L.P.
100 Andover Bypass, Suite 300
North Andover,MA 01845
Dated 6/20/01,last revised 4/12/02.
Sheets 1 through 25
Stamped &Signed by Paul Marchionda,P.E.
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Boston Hill Construction Phasing and Erosion Control
---Plam, prepared by Marchionda &Associates,-L.P. dated -----
December 10,2001,last revised 4/12,/02.
Sheets 1 though 10
Stamped &Signed by Paul Marchionda,P.E.
Other Record Documents: Construction Sequencing & Erosion Control Report,
Boston Hill Condominium Development, North
Andover, MA, prepared Marchionda & Associates, L.P.,
dated June 20,2001
Construction Phasing & Erosion Control Specifications,
prepared by Marchionda & Associates, L.P., dated
December 4,2001,last revised March 6,2006
Conservation Restriction from Boston Hill Development,
LLC To Town of North Andover (recorded at the registry
of deeds 7/12,/06 BK 10282 PG 272)
E-mail from Rick Bourre, Assistant Director of MEPA
dated December 26,2006
E-mail from Jill Provencal,Environmental Analyst at DEP
dated January 4,2007
Letter from the Division of Fisheries & Wildlife Natural
Heritage &Endangered Species Program dated December
12,2006
Letter from Paul Marchionda of Marchionda Associates
dated January 19,2007
All other submitted information to the Conservation Commission, not listed above, shall
become part of the record of this filing. For example, certain record documents previously
submitted under 242-1099 may still be considered relevant to this filing, including but not
limited to, drainage calculations and reports and stormwater management reviews.
30. The following wetland resource areas are affected by the proposed work: Buffer Zone to
Freshwater Wetland (local), Buffer Zone to Bordering Vegetated Wetland (BVW), and
Riverfront Area.
Note: Although portions of the approved activities are within the Riverfront Area to
PP
Boston Brook and the project is exempt from the Riverfront Regulations pursuant to
the state Wetlands Protection Act (because a Draft Environmental Impact Report was
filed for the site before November 1, 19%), the NACC asserts that the Riverfront
Regulations apply pursuant to the local Bylaw and Regulations. The NACC asserts,
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DEP FILE# 242 -1376
however, that the project meets the Riverfront performance standards, resulting in no
impact to-this-resource-area.-Further,-the applicant provided-evidence-in support of this -- -
assertion in a letter dated January 19,2007 referenced herein.
These resource areas are significant to the interests of the Act and Town ByLaw as noted
above and therein. The applicant has not attempted to overcome the presumption of
significance of these resource areas to the identified interests.
31. The NACC agrees with the applicant's delineation of the wetland resource areas on the
site as shown on the plans dated referenced herein.
32. The NACC finds that the intensive use of the upland areas and buffer zone proposed on
this site will cause further alteration of the wetland resource areas. In order to prevent
any alteration of wetland resource areas a twenty-five foot (25') No-Disturbance Zone
and a fifty-foot (50') No-Construction Zone shall be established from the edge of the
adjacent wetland resource area except for the demolition of existing structures and the
restoration of the 25-foot No Disturbance Zone. The Conservation Administrator and/or
other agents of the NACC do not have the authority to waive these setbacks as
established under the local bylaw. No disturbance of existing grade, soils or vegetation is
permitted in the No-Disturbance zone. (See Section 3.4 & Appendix F of the local
Regulations).
33. The notes on the approved plan entitled"Open Space Plan" (sheet 23) pertaining to the
construction of the proposed trail shall be followed unless otherwise noted in this
Order or otherwise determined by the NACC or its designated agent.
34. This document shall be included in all construction contracts, subcontracts, and
specifications dealing with the work proposed and shall supersede any conflicting
contract requirements. The applicant shall assure that all contractors, subcontractors, and
other personnel performing the permitting work are fully aware of the permits terms and
conditions including any formed Condominium Association or Management Company.
Thereafter, any and all the above stated parties and the applicant will be held jointly liable
for any violation of this Order resulting from failure to comply with its conditions.
35. The owners of the project and their successors in title, in the event they proceed to alter
areas subject to the Commissions jurisdiction under the order, agree that the Order does
not in itself impose upon the Town any responsibility to maintain the proposed drainage
system and that said Town shall not be liable for any damage in the event of failure. By
acceptance of this Order, the owners agree to indemnify and hold harmless to the Town
and its residents for any damage attributable to alterations undertaken on this property
pursuant to the Order. Maintenance of the drainage system, if accepted by the Town as
part of a public way, becomes the responsibility of the Town.
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36. Issuance of these Conditions does not in any way imply or certify that the site or
- - -
--downstream-areas-will-ivA be-subject-to-flooding,--storm--damage-or-any-other-form-of -- ----
water damage.
PRIOR TO CONSTRUCTION
37. No work shall be undertaken until all administrative appeal periods from this Order have
elapsed or, if such an appeal has been filed, until all proceedings before the Department
or Court have been completed.
38. This Order shall be recorded by the applicant at the Registry of Deeds immediately after
the expiration of all appeal periods. No work shall be undertaken until the Final Order
has been recorded in the Registry of Deeds or the Land Court for the district in which the
land is located, within the chain of title of the affected property. In the case of recorded
land, the Final Order shall also be noted in the Registry's Grantor Index under the name
of the owner of the land upon which the proposed work is to be done. In the case of
registered land, the Final Order shall also be noted on the Land Court Certificate of Title
of the owner of the land upon which the proposed work is to be done. The recording
information shall be submitted to the North Andover Conservation Commission on the
form at the end of this Order prior to commencement of the work. Any Order not
recorded by the applicant before work commences may be recorded by the NACC at
the applicant's expense.
39. A sign shall be displayed at the site not less than two square feet or more than three
square feet in size bearing the words"Massachusetts DEP,File Number 242-1376."
40. Prior to the commencement of any work,the applicant shall submit to the Conservation
Department a copy of the approved NPDES Storm Water Pollution Prevention Plan
(SWPPP) for the file.
41. It is the responsibility of the applicant to complete any review required by all agencies
with jurisdiction over the activity that is the subject of this Order and to produce all
required reviews and approvals before any work commences. Specifically, the
applicant shall duly submit the approved Conservation and Management Plan or any
other mitigation plans required by NHESP for the protection of the state listed priority
habitat of the Frosted Elfin (Callophrys Trus) prior to the commencement of work for
review.
42. Prior to the construction of buildings 8,9, &10 and associated decks,additions, etc.,the
applicant shall stake out the foundation corners for review and approval by the NACC
or agent thereof.
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43. Any changes in the submitted plans caused by the applicant, state or federal agency,
such as-the-Massachusetts Natural Heritage---Endangered Program JNHESP)---another
Board's decision or resulting from this Order of Conditions must be submitted to the
NACC for approval prior to implementation. Said revisions shall be submitted as part
of the record filing even if located outside of the buffer zone and therefore outside of
the NACC's jurisdiction. If the NACC finds said changes to be significant and
jurisdictional, the NACC will call for another public hearing (at the expense of the
applicant). Within 21 days of the close of said public hearing the NACC will issue an
amended or new Order of Conditions. Any errors found in the plans or information
submitted by the applicant shall be considered as changes. The proposed project may be
still under review by other local or state boards or agencies. This may result in changes
to the project plans or wetland impacts. If any such changes occur a revised plan and an
explanation of the revisions shall be submitted to the NACC for review and approval
prior to the start of construction. No work shall begin on a project until written approval
has been granted by the NACC.
44. It is the responsibility of the applicant, owner, and/or successor(s) to ensure that all
conditions of this Order of Conditions are complied with. The project engineer and
contractors are to be provided with a copy of this Order of Conditions and referenced
documents before commencement of construction.
45. Prior to any work commencing on site,the applicant shall submit to the NACC for
approval,a detailed sequence of construction,including a dated timetable of
construction,the construction of compensation and retention areas, installation of
sedimentation/erosion control devices,roadway infrastructure,phasing associated with
the development,the coinstructiop of the associated stormwater management structures,
and revegetation. The construction sequence shall specify that the stormwater
management structures will be constructed first,prior to any other site preparation
Further,the construction sequence shall sRecify that no major earthwork will occur
from Tanum 19t to April 30th of each year ass ecified in the Construction Rhasing&
erosion Control Specifications dated March 6,2006 referenced herein This timetable
must continue to be updated throughout the project.
46.Wetland flagging shall be checked prior to start of construction and shall be re-
established where missing. All wetland flagging shall remain visible and enumerated
per the approved plan(s) throughout the life of the project and until a Certificate of
Compliance is issued so that erosion control measures can be properly placed and
wetland impacts can be monitored. The proposed limit of work shall be shall be clearly
marked with stakes or flags and shall be confirmed by the NACC. Such markers shall be
checked and replaced as necessary and shall be maintained until all construction is
complete. Workers should be informed that no use of machinery, storage of machinery or
materials, stockpiling of soil, or construction activity is to occur beyond this line at any
time. All flags used for the above purposes shall be of a color different from other
flagging used on the site.
II
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47. A row of staked hay bales backed by trenched siltation fence shall be placed between all
-__ construction_areas and--wetland-s —The-erosion--control--barrier-will--be-properly installed
and placed as shown on the plans approved and referenced herein and shall be inspected
and approved by the NACC prior to the start of construction and shall remain intact until
all disturbed areas have been permanently stabilized to prevent erosion. All erosion
prevention and sedimentation protection measures found necessary during construction
shall be implemented at the direction of the NACC. The NACC reserves the right to
impose additional conditions on portions of this project to mitigate any impacts which
could result from site erosion, or any noticeable degradation of surface water quality
discharging from the site. For example, installation of erosion control measures may be
required in areas not shown on the plan(s) referenced in this Order of Conditions.
Specifically, the NACC may require additional erosion controls at the front of the
project site along Turnpike Street in those locations within 100 feet(or just beyond 100
feet) of the resource areas across Turnpike Street. Due to the steep slopes of the site,
additional erosion controls may be necessary in these locations. These additional
erosion controls shall be discussed in more detail in the field at the pre-construction
meeting. The NACC reserves the right to require the installation of these additional
erosion controls at the pre-construction meeting or at any time during upgradient
construction activities. Should such installation be required by the NACC, they shall be
installed within 48 hours of the Commission's request.
48. The applicant shall have on hand at the start of any soil disturbance, removal or
stockpiling, a minimum of 200 hay bales and sufficient stakes for staking these bales (or
an equivalent amount of silt fence). Said bales shall be used only for the control of
emergency erosion problems and shall not be used for the normal control of erosion.
Additional emergency erosion controls shall be on site prior to the commencement of
any work and shall verified by the Conservation Department during the pre-
construction meeting.
49. A check payable to the Town of North Andover shall be provided in the amount of
$200,000 (as a Cash Bond) due to the combination of Paxton soils, steep grades and
shallow ground water within the close proximity to sensitive resource areas, shall be
provided to the Town of North Andover, which shall be in all respects satisfactory to
Town Counsel, Town Treasurer, and the NACC, and shall be posted with the North
Andover Town Treasurer through the NACC before commencement of work. Said
deposit of money shall be conditioned on the completion of all conditions hereof, shall be
signed by a party or parties satisfactory to the NACC, and Town Counsel, and shall be
released after completion of the project, provided that provisions, satisfactory to the
NACC, have been made for performance of any conditions which are of continuing
nature. The applicant may propose a monetary release schedule keyed to completion of
specific portions of the project for the NACC's review and approval. This condition is
issued under the authority of the local ByLaw.
50. The applicant shall be responsible for placing signs on each parcel designating the
applicable lot number as depicted on th
pp p ePp
Tans approved and referenced herein.
p
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51. The applicant shall designate a Qualified Professional Wetland Scientist as an "Erosion
--- --Control Mon' y emergency-placement-ofcontrols and regular-inspection
or replacement of sedimentation control devices. The name and phone number of the
erosion control monitor must be provided to the NACC in the event that this person has
to be contacted, due to an emergency at the site, during any 24-hour period, including
weekends. Credentials of said Erosion Control Monitor (prior to designation) shall be
submitted in writing for review and subsequent approval by the NACC or an agent
thereof. This person shall be given the authority to stop construction for erosion
control purposes. The erosion control monitor will be required to inspect all such devices
and oversee cleaning and the proper disposal of waste products. Cleaning shall include
removal of any entrapped silt.
52. ON EVERY MONDAY of each week, or otherwise arranged by the NACC, in which
active construction activities occur in the buffer zone or for as long thereafter as ground
remains unstable, the "Erosion Control Monitor" shall contact the NACC or agent
thereof and verbally submit a daily update. It is the applicant's responsibility to ensure
that the Environmental/Erosion Control Monitor submit weekly reports certifying that,
to the best of his/her knowledge and belief based on a careful site inspection, all work is
being performed in compliance with this Order of Conditions and that approved setbacks
are being adhered to. The erosion control monitor must visually inspect all
sedimentation/erosion control measures and assume responsibility for their maintenance
on a weekly basis and that they are functioning as intended. In addition, all wetland
resource areas must be visually inspected for siltation, turbidity, and/or other water
quality impacts. Such reports shall continue until the applicant requests a less frequent
reporting schedule or an end to reports. This request must be submitted in writing and
is subject to approval by the NACC or agent thereof.
53. The applicant and/or the legal owner of that portion of land upon which these Orders of
Conditions have been placed shall provide to the NACC prior to transferring, or
assigning any portion of said land to another party, such as a Management Company,
Condominium Association or individual, subject to said Orders of Conditions, the
"Compliance Certification Form" Affidavit (attached herein) signed under the pains
and penalties of perjury, stating that said applicant and/or owner has read these Orders
of Conditions and is in compliance with each and every condition. If portions of said
land are transferred to different parties, such as individual unit owners, each party is
subject to this Condition. This document shall apply to each of the conditions referenced
herein and shall be provided to the Conservation Department at least five (5) business
days prior to the closing of said land transaction.
54. Once these above mentioned pre-construction requirements are complete,the applicant
shall contact the Conservation Office prior to site preparation or construction and shall
arrange an on-site conference with an NACC representative, the contractor, the
engineer, the wetland scientist and the applicant to ensure that all of the Conditions of
this Order are understood. This Order shall be included in all construction contracts,
subcontracts, and specifications dealing with the work proposed and shall supersede any
conflicting_ contract requirements.,The applicant shall-__assure all contrar rs _`
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subcontractors and other personnel performing the permitted work are fully aware of the
_ - permit's terms-and conditions.—Thereafter,-the contractor-will-he-tell Jointly-liabile for any
violation of this Order of Conditions resulting from failure to comply with its conditions.
The applicant or contractor shall notify the NACC in writing of the identity of the on-site
construction supervisor hired to coordinate construction and to ensure compliance with
this Order. A reasonable period of time shall be provided as notice of the pre-
construction meeting(e.g.72 hours).
STORMWATER MANAGEMENT CONDITIONS
55. All construction and post-construction stormwater management systems shall be
conducted in accordance with the approved construction sequence, supporting documents
and plans submitted with the Notice of Intent, and the approved Operation and
Maintenance Plan attached herein.
56. Evidence of maintenance of the stormwater management system shall be provided to
the NACC on an annual basis by a Registered Professional Civil Engineer. The first report
shall be submitted to the NACC one year after the first stormwater structure goes on-line
and annual
57. All drainage structures shall be properly installed and functional. During construction,
all drainage structures shall be maintained, as outlined in the approved Operation and
Maintenance Plan attached herein.
58. Construction of the stormwater structures sha11_be constructed and functioning as part
of the initial project phase, immediately following clearing and rough grading of the site
to serve as siltation control during construction. Runoff from the site shall be directed
towards these basins.
59. Temporary and/or permanent basins being used for sedimentation and dewatering
during construction shall be cleaned of sediment when levels exceed six (6) inches. The
basins shall be cleaned of sediment prior to final grading and construction of permanent
stormwater basins.
60. There shall be no increase in the post development discharges from the storm drainage
system or any other changes in post development conditions that alter the post development
watershed boundaries as currently depicted in the Notice of Intent and approved by this
Order of Conditions, unless specifically approved in writing by the Commission.
61. Water quality down gradient of BVW's shall not differ significantly following completion
of the project from the pre-development conditions. There shall be no sedimentation into
wetlands or water bodies from discharge pipes or surface runoff leaving the site.
62. Prior to the issuance of the Certificate of Compliance,the applicant shall be
responsible for_c_leaing-all_stormwater a+r res i-m�£�aice ttL A URC ppr% ed
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Operation &Maintenance Procedures Plan attached herein and the associated stormwater
_ management-conditions--referenced-herei-n:
63. The applicants,owners, and their successors and assignees,shall maintain all culverts,
collections basins, traps, outlet structures, subsurface storage areas,and other elements of the
drainage system,unless put into an easement to the Town of North Andover, in order to
avoid blockages and siltation which might cause failure of the system and/or detrimental
impacts to on-site or off-site resource areas,and shall maintain the integrity of vegetative
cover on the site.
DURING CONSTRUCTION
64. IMPORTANT: Immediately upon completion of the dwelling foundations, and prior to
further construction activities associated with the site, the applicant shall complete a plan
prepared by a Registered Professional Land Surveyor of the Commonwealth (R.P.L.S.) which
accurately depicts the foundation location (Buildings 8,9 &10) and it's proximity to wetland
resource areas as approved under this Order of Conditions. Said plan shall be submitted to
the Conservation Administrator for approval.
65. Accepted engineering and Best Management Practices (BMPs) for construction standards
shall be followed in the conduct of all work.
66. Erosion control devices shall be inspected regularly;any entrapped silt shall be removed
to an area outside of the buffer zone and wetland resource areas; silt fence and hay bales
shall be replaced as necessary. The areas of construction shall remain in stable condition at
the close of each construction day. All erosion controls shall be in place throughout the
duration of any construction on site or unless authorized by the Conservation personnel.
67. Upon beginning work, the applicant shall submit written progress reports every week
detailing what work has been done in or near resource areas, and what work is anticipated to
be done over the next period. This will update the construction sequence.
68. All catch basins shall contain oil/gasoline traps and Cascade Covers, and it shall be a
continuing condition of this order, even after a Certificate of Compliance is issued, that the
oil/gasoline traps in the catch basins and cascade covers be maintained. All catch basins
shall be free of all accumulated silt and debris before Compliance is issued and the owner or
his/her agent shall so specify in the request for Compliance.
69. The sewer lines on the site, where they cross wetland resource areas, shall be tested for
water tightness in accordance with North Andover DPW standards.
70. As soon as the drainage system is on line,Bi-annual (April 1st and October 19t) inspection
reports must be submitted by a Registered Professional Engineer certifying that the
drainage system is working as designed and shall include any maintenance invoices for
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cleaning and repairs. Reports must continue to be submitted until a Certificate of
Compliance is issued.--£ .
�cri�anr�with-the designed 5tormwaterinanagement"em and
associated stormwater management conditions shall be satisfied prior to the issuance of a
Certificate of Compliance. These reports shall be submitted as a minimum to the
Conservation Department, as additional reports by other local or state board/agency may
be required.
71. The Erosion Control Monitor shall be on site during and/or following a major storm
event of 1 inch of rain or greater to ensure that soils remain stable, erosion controls are
adequate and secure,and that all BMP's are adequately functioning.
72. Approved de-watering activities shall be supervised and witnessed by the designated
erosion control monitor. This designee must be-on-site at all times while dewatering is
occurring. De-watering activities shall be conducted as shown on the approved plans and
shall be monitored daily by the erosion control monitor to ensure that sediment laden
water is appropriately settled prior to discharge toward the wetland resource areas. No
discharge of water is allowed directly into an area subject to jurisdiction of the Wetlands
Protection Act and/or the North Andover Wetland ByLaw. If emergency de-watering
requirements arise, the applicant shall submit a contingency plan to the Commission for
approval, which provides for the pumped water to be contained in a settling basin, to
reduce turbidity prior to discharge into a resource area.
73. Associated pavement and roadways shall be swept at least once per week or as directed
by the Erosion Control monitor,the Site Supervisor, Project Manager, or the Conservation
staff for as long as the site remains exposed and unstabilized.
74. Any fill used in connection with this project shall be clean fill, containing no trash, refuse,
rubbish or debris, including but not limited to lumber, bricks, plaster, wire, lath, paper,
cardboard, pipe, tires,ashes,refrigerators,motor vehicles or parts on any of the foregoing.
75. All exposed soil finish grade surfaces shall be immediately landscaped and stabilized, or
loamed, seeded and mulched, with a layer of mulch hay. All disturbed areas must be
graded, loamed and seeded prior to November 1st of each year. Outside of the growing
season, exposed soil finish grade surfaces shall be stabilized with a layer of mulch hay until
climate conditions allow for seeding. No exposed area shall remain unfinished for more than
thirty (30) days, unless approved by the NACC.
76. No re-grading in the buffer zone shall have a slope steeper than 2:1 (horizontal: vertical).
Slopes of steeper grade shall be rip-rapped to provide permanent stabilization.
77. Equipment shall not be staged overnight within 100-feet of a wetland resource area.
78. There shall be no stockpiling of soil or other materials within twenty-five (25) feet of any
resource area. The toe of any stockpile of soil shall be no closer in distance to the No-
Disturbance Zone that the total height of the stockpile itself measured from the toe to the
crest.
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cleaning and repairs. Reports must continue to be submitted until a Certificate of
-Compliance is issued.-Compliance with-the designed stormwaterm
'fined anagemeirt-system mrcl
associated stormwater management conditions shall be satisfied prior to the issuance of a
Certificate of Compliance. These reports shall be submitted as a minimum to the
Conservation Department, as additional reports by other local or state board/agency may
be required.
71. The Erosion Control Monitor shall be on site during and/or following a major storm
l
event of 1 inch of rain or greater to ensure that soils remain stable, erosion controls are
adequate and secure,and that all BMP's are adequately functioning.
72. Approved de-watering activities shall be supervised and witnessed by the designated
erosion control monitor. This designee must be on-site at all times while dewatering is
occurring. De-watering activities shall be conducted as shown on the approved plans and
shall be monitored daily by the erosion control monitor to ensure that sediment laden
water is appropriately settled prior to discharge toward the wetland resource areas. No
discharge of water is allowed directly into an area subject to jurisdiction of the Wetlands
Protection Act and/or the North Andover Wetland ByLaw. If emergency de-watering
requirements arise, the applicant shall submit a contingency plan to the Commission for
approval, which provides for the pumped water to be contained in a settling basin, to
reduce turbidity prior to discharge into a resource area.
73. Associated pavement and roadways shall be swept at least once per week or as directed
by the Erosion Control monitor,the Site Supervisor, Project Manager, or the Conservation
staff for as long as the site remains exposed and unstabilized.
74. Any fill used in connection with this project shall be clean fill, containing no trash, refuse,
rubbish or debris, including but not limited to lumber, bricks, plaster, wire, lath, paper,
cardboard, pipe, tires,ashes,refrigerators, motor vehicles or parts on any of the foregoing.
75. All exposed soil finish grade surfaces shall be immediately landscaped and stabilized, or
loamed, seeded and mulched, with a layer of mulch hay. All disturbed areas must be
graded, loamed and seeded prior to November 1st of each year. Outside of the growing
season, exposed soil finish grade surfaces shall be stabilized with a layer of mulch hay until
climate conditions allow for seeding. No exposed area shall remain unfinished for more than
thirty (30) days, unless approved by the NACC.
76. No re-grading in the buffer zone shall have a slope steeper than 2:1 (horizontal: vertical).
Slopes of steeper grade shall be rip-rapped to provide permanent stabilization.
77. Equipment shall not be staged overnight within 100-feet of a wetland resource area.
78. There shall be no stockpiling of soil or other materials within twenty-five (25) feet of any
resource area. The toe of any stockpile of soil shall be no closer in distance to the No-
Disturbance Zone that the total height of the stockpile itself measured from the toe to the
crest.
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79,-Trior-to construction o€-the-trail, the--Conservation__Department-and-designated trail
volunteers shall meet with the applicant on site to walk and discuss the designated trail
route, construction details,and procedures.
80. Washings from concrete trucks, or surplus concrete, shall not be directed to, any drainage
system, or wetland resource area.
81. All waste generated by, or associated with, the construction activity shall be contained
within the construction area, and away from any wetland resource area. There shall be no
burying of spent construction materials or disposal of waste on the site by any other means.
The applicant shall maintain dumpsters (or other suitable means) at the site for the storage
and removal of such spent construction materials off-site. However, no trash dumpsters will
be allowed within 50'of areas subject to protection under the Act or local ByLaw.
82. During and after work on this project, there shall be no discharge or spillage of fuel, or
other pollutants into any wetland resource area. If there is a spill or discharge of any
pollutant during any phase of construction the NACC shall be notified by the applicant
within one (1) business day. No construction vehicles are to be stored within 100 feet of
wetland resource areas, and no vehicle refueling, equipment lubrication, or maintenance is to
be done within 100 feet of a resource area.
AFTER CONSTRUCTION
83. No underground storage of fuel oils shall be allowed on any lot within one hundred(100)
feet of any wetland resource area. This condition shall survive this Order of Conditions and
shall run with the title of the property. This condition is issued under the authority of the
Town's Wetland protection ByLaw.
84. Fertilizers utilized for landscaping and lawn care shall be slow release, low-nitrogen types
(< 5%), and shall not be used within 25 feet of a resource area. Pesticides and herbicides shall
not be used within 100 feet of a wetland resource area. This condition shall survive this Order
of Conditions and shall run with the title of the property. This condition is issued under the
authority of the Town's Wetland Protection ByLaw and shall remain in perpetuity.
85. No road salt, sodium chloride, or other de-icing chemicals shall be used on paved surfaces
in the buffer zone, and any arrangement for snow removal shall so stipulate due to the
importance of the site and wetlands. Permanent signs designating "No-Salt Zone" and
"No-Snow Stockpiling Zones" shall be displayed in prominent locations and reviewed by
the Conservation Department.
86. The approved Operation & Maintenance Plan is fully binding upon the applicant
and/or owners, successors agents, associations heirs and assigns d/ g gn and must be adhered to
in perpetuity.
C:\Winword\OOC\242-1376BostonHill.doc 12 NACC 1/25/2007
DEP FILE # 242 -1376
to the issuance of--a-CwtificateW--Ciciirplimce -the applicant must submit_roof of
contract to the Conservation Department in the form of a written and signed document
from the assignee(s) responsible for conducting the perpetual site maintenance in
accordance with the Operation & Maintenance Plan. In addition to this contract, the
applicant shall submit an Affidavit from the assignee (s) acknowledging the Operation &
Maintenance responsibilities of the stormwater management systems in accordance with
the approved Operation & Maintenance Plan and other perpetual conditions mandated in
this Order.
88. Upon completion of work, the applicant shall permanently mark the edge of the "25' No-
Disturbance Zone" with signs or markers spaced evenly every 40 feet incorporating the
following text: "Protected Wetland Resource Area" (available at the Conservation
Department). This will designate their sensitivity and assure no further inadvertent
encroachment into the wetland. These permanent markers are subject to review and
approval by the NACC. The applicant shall instruct all agents to explain these markers to
buyers/lessees/landscapers and all persons taking over the property from the applicant.
89. Upon completion of construction and grading, all disturbed areas located outside
resource areas shall be stabilized permanently against erosion. This shall be done either by
loaming and seeding according to SCS standards. If the latter course is chosen, stabilization
will be considered complete once vegetative cover has been achieved.
90. Upon approved site stabilization by Conservation staff, the erosion controls shall be
removed and properly disposed of and all exposed unvegetated areas shall be seeded.
91. Upon completion of the project the applicant shall submit the following to the
Conservation Commission as part of a request for a Certificate of Compliance:
a. WPA Form 8A "Request for a Certificate of Compliance."
b. A letter from the applicant requesting a Certificate of Compliance.
c. The name and address of the current landowner.
d. Signed statements from the individual property owners shall be submitted with
the request for a Certificate of Compliance indicating that they read and
understood the recorded Order of Conditions prior to purchasing their property.
e. The name and address of the individual/trust or corporation to whom the
compliance is to be granted.
f. The street address and assessors map/parcel number for the project.
g. The DEP file number.
h. A written statement from a Registered Professional Civil Engineer and a
Registered Professional Land Surveyor of the Commonwealth certifying that the
work has been conducted as shown on the plan(s) and documents referenced
above, and as conditioned by the Commission.
i. An "As-Built" pian prepared and signed and stamped by a Registered
Professional Civil Engineer and Registered Professional Land Surveyor of the
Commonwealth,for the public record. This plan will include:
C:\Winword\OOC\242-1376BostonHill.doe 13 NACC 1/25/2007
DEP FILE #242 -1376
➢ "As-Built" post-development elevations of all drainage & stormwater
___ manage-structures constructed within 100 feel of any wetland resource
area. NOTE: If portions of the stormwater systems exist partially within the
Buffer Zone than the entire structure must be depicted to accurately verify
compliance.
➢ "As-Built" post-development elevations and grades of all filled or altered
wetland resource areas including the encompassing buffer zone, which is
regulated as a resource area under the local Wetland Protection Bylaw.
➢ Distances from structures to wetland resource areas. Structures include (but
are not limited to) septic systems, additions, fences, sheds, stone walls,
pools,retaining walls, subsurface utilities and decks.
➢ A line showing the Iimit of work and the extent of existing erosion control
devices. "Work" includes any_disturbance of soils or vegetation.
➢ Location of all subsurface utilities entering the property.
92. The following special conditions shall survive the issuance of a Certificate of Compliance
(COC) for this project:
➢ 25' No-Disturbance Zone and a 50' No-Construction Zone shall be
established from the edge of adjacent wetland resource areas except in thise
locations approved under this filing. Future work within 100' of existing
wetland resource areas will require a separate filing with the NACC. The
Conservation Administrator and/or other agents of the NACC do not have
the authority to waive these setbacks as established under the local ByLaw
(Condition#32);
➢ Maintenance of all culverts, collections basins, traps, outlet structures,
subsurface storage areas, and other elements of the drainage system, unless
put into an easement to the Town of North Andover, in order to avoid
blockages and siltation, which might cause failure of the system and/or
detrimental impacts to on-site or off-site resource areas (Condition#63);
➢ Discharge or spillage of pollutants (Condition#82);
➢ Prohibition of underground fuels (Condition#83);
➢ Limitations on the use of fertilizers, herbicides, road salts, de-icing
compounds and pesticides (Conditions #84& #85).
➢ The approved "Stormwater Operations and Management Plan", including
Best Management Practices. No additional filings will be required to
C:\Winword\OOC\242-1376BostonHill.doc 14 NACC 1/25/2007
NORTH ANDOVER CONSERVATION COMMISSION
ORDER OF CONDITIONS COWLLINCE CERTIFICATION FORM
I' on oath do
(authorized agent of applicant and/or owner)
hereby depose and state. (PLEASE CHECK AT LEAST ONE BLOCK)
1) I am the of
(position with applicant) (applicant's name)
the applicant upon whom Order of Conditions have been placed upon
(DEP or NACC File#)
by the North Andover Conservation Commission(NACC).
and/or
2) I am the of
(position with owner) (owner)
the owner upon whose land Order of Conditions haYe been
placed upon by the NACC. (DEP or NACC File#)
♦ I hereby affirm and acknowledge that I have received said Order of Conditions and
have read the same and understand each and every condition which has been set
forth in said Order of Conditions.
♦ I hereby affirm. and acknowledge that on this day of 200_, I
inspected said property together with any and all improvements which have been
made to the same and hereby certify that each and every condition set forth in Order
of Conditions are presently in compliance.
♦ I hereby affirm and acknowledge that this document will be relied upon by the
NACC as well as any potential buyers of said property which is subject to said Order
of Conditions.
Signed under the pains and penalties of perjury this day of 200_.
(Authorized agent of applicant or owner)
BOSTON HILL
OPERATION AND MAINTENANCE PLAN
1/24/02
The Best Management Practices that have been specified for this project are not high
maintenance devices.To the contrary, we have designed devises that, while being very effective,
require minimal maintenance. All of the BMP's utilized for this project will be owned, operated,
and maintained by the condominium association. The association will execute contracts with
private construction and maintenance firms to ensure that the BMP's are maintained in
accordance with the following plan.
During construction of the project the developer should take measures to insure that the B.M.P.'s
are protected from erosion, siltation,construction vehicles, and other construction activities that
may degrade the operation of these devices.The site plans included erosion control devices that
will be implemented prior to construction.These devices will remain in place until the entire
development has been stabilized to the satisfaction of the North Andover Conservation
Commission.
DEEP SUMP HOODED CATCHBASINS
During construction and until stabilization of all disturbed areas, the site contractor and/or
developer will inspect catch basin sumps at a minimum of once every three (3)months to insure
that at least (2) feet of storage depth is available beneath the outlet invert elevation. When the
trapped sediment has accumulated to two feet of the outlet invert, the sumps shall be cleaned and
all sediment properly disposed of.
Upon completion of the project,catch basin sumps are to be inspected on a quarterly basis to
make sure that there is a minimum of two feet of clearance from the outlet invert to the
accumulated sediment. At a minimum, all catch basin sumps are to be cleaned annually. The
annual cleaning should be done in the spring as the sediment captured from the winter sanding
operation is expected to be the largest generator of sediment. If the quarterly inspections or
annual cleanings indicated that the rate of sediment build up is greater than expected the sump
shall be cleaned on a semi-annual basis.
STREET SWEEPING
All drives shall be swept once a month during the late spring, summer, and early fall. Any
sediment removed should be disposed of properly.
SEDIMENT FOREBAYS
There are sediment forebays proposed as part of the storm water detention area.The forebays
should be inspected twice annually,preferably during wet weather, to observe whether they are
operating as intended. The inspection should include the observation of the level of the
accumulated sediment. When the sediment has accumulated to within one foot of the top of the
pervious outlet weir in the forebay,the sediment should be removed and disposed of properly.
The forebay bottom and side slopes should be mowed at least once a year.
INFILTRATION BASIN
The infiltration basin should be inspected on a semi-annual basis. One inspection should take
place after a substantial rainfall to observe that it is operating as intended.This inspection should
include the observation of the level of the storm water. After 48 hours from the end of the
rainfall the storm water levels should have receded within the structure. If storm water is not
leaching from the system, appropriate maintenance of the system should be completed.The
second inspection should take place during a time of dry weather. At this time each inlet
chamber should be inspected to observe the accumulation of sediment that has made.it to th*d_46-,
recharge system. Any sediment that has accumulated should be removed and disposed of
properly.
DRAINAGE SWALES
Although the drainage swales were not factored into the TSS removal computations,proper
maintenance of the swales is important to the overall functioning of the site drainage systeii
Therefore, the condominium association, will have the roadside drainage swales inspected on a
semi-annual basis. Any evidence of erosion shall be repaired immediately.
REPORTING AND RECORD KEEPING
In order to make sure that the maintenance items as outlined herein are compiled with, the
condominium association shall provide the North Andover Conservation Commission copies of
all contracts, invoices,and reports pertaining to the operation and maintenance of the BMP's.
These contracts, invoices, and reports will be provided on an annual basis unless the commission
requests more frequent reporting.
I
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands DEP File Number:
- - form -5-_- Order of C-Dnditions - --- -- -_ _____'242_�---__---
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
E. Issuance
This Order is valid for three years, unless otherwise specified as a special
condition pursuant to General Conditions#4, from the date of issuance. 1.Date Issu ce
Please indicate the number of members who will sign this form:
This Order must be signed by a majority of the Conservation Commission. 2.Number of signers
The Order must be mailed by certified mail(return receipt requested)or hand delivered to the applicant.A
copy also must be mailed or hand delivered at the same time to the appropriate Department of
Environmental Protection Regional Office, if not filing electronically, and the property owner, if different
from applicant.
Signatures: t
11000
Notary Acknowledgement
Commonwealth of Massachusetts County of Essex North
On this 2q
Day of Month — ADD 7
Year
Before me, the undersigned Notary Public, SLO - H"5 e-,
personally appeared Name of Document Signer
proved to me through satisfactory evidence of identification, which wastwere
Massachusetts License
Description of evidence of identification
to be the person whose name is signed on the preceding or attached document, and acknowledged to
me that he/she signed it voluntarily for its stated purpose.
As member of North Andover
cityrrown Conservation Commission
C-
oplma'
IOAUSignature of Notary Public IV
WrARYPUBW
M Comm. �• rC{rLlG _
Y Aug.A
Expires 009
Printed Name of otary Public
Place notary seal and/or any stamp above
My Commissi n Expires(Date)
This Order is issued to the applicant as follows:
❑ by hand delivery on by certified mail, return receipt requested,p req sted,on
-_Date - _ __ _ ---__--- ---- - --_------------- — ----
Date
wpef0rtn5.d0c+rev.3/1/05
Page 7 of 9
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands DEP File Number:
1NPA Forms --�rcter ofi �ondiions-_--- - -242-,3,6
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
F. Appeals
The applicant, the owner, any person aggrieved by this Order, any owner of land abutting the land subject
to this Order, or any ten residents of the city or town in which such land is located, are hereby notified of
their right to request the appropriate DEP Regional Office to issue a Superseding Order of Conditions.
The request must be made by certified mail or hand delivery to the Department, with the appropriate filing
fee and a completed Request of Departmental Action Fee Transmittal Form, as provided in 310 CMR
10.03(7)within ten business days from the date of issuance of this Order. A copy of the request shall at
the same time be sent by certified mail or hand delivery to the Conservation Commission and to the
applicant, if he/she is not the appellant.Any appellants seeking to appeal the Department's Superseding
Order associated with this appeal will be required to demonstrate prior participation in the review of this project.
Previous participation in the permit proceeding means the submission of written information to the
Conservation Commission prior to the close of the public hearing, requesting a Superseding Order or
Determination, or providing written information to the Department prior to issuance of a Superseding Order
or Determination.
The request shall state clearly and concisely the objections to the Order which is being appealed and how
the Order does not contribute to the protection of the interests identified in the Massachusetts Wetlands
Protection Act, (M.G.L. c. 131, §40)and is inconsistent with the wetlands regulations(310 CMR 10.00).
To the extent that the Order is based on a municipal ordinance or bylaw, and not on the Massachusetts
Wetlands Protection Act or regulations,the Department has no appellate jurisdiction.
Section G, Recording Information is available on the following page.
wpaform5.doc• rev.3/1/05 Page 8 of 9
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands DEP File Number:
- -- WPA Form v---OrdeT of-Conditions - - ---242-137-61
--242-1376 -
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40.
G. Recording Information
This Order of Conditions must be recorded in the Registry of Deeds or the Land Court for the district in
which the land is located,within the chain of title of the affected property. In the case of recorded land, the
Final Order shall also be noted in the Registry's Grantor Index under the name of the owner of the land
subject to the Order. In the case of registered land,this Order shall also be noted on the Land Court
Certificate of Title of the owner of the land subject to the Order of Conditions. The recording information
on Page 7 of this form shall be submitted to the Conservation Commission listed below.
North Andover
Conservation Commission
Detach on dotted line, have stamped by the Registry of Deeds and submit to the Conservation Commission.
-------------------------------I-----------------------------------------------------------------
To:
North Andover
Conservation Commission
Please be advised that the Otder of Conditions for the Project at:
242-1376
Project Location DEP File Number
Has been recorded at the Registry of Deeds of:
County Book
Page
for:
Property Owner
and has been noted in the chain of title of the affected property in:
Book Page
In accordance with the Order of Conditions issued on:
Date
If recorded land, the instrument number identifying this transaction is:
Instrument Number
If registered land, the document number identifying this transaction is:
Document Number
Signature of Applicant
wpaform5,doc• rev.3/1/05
Page 9 of 9
Town of North Andover RECEIVED
p Office of the Planning Department '!9 ire
Community Development and Services Division
D'TATFD��,��
SSACNUSE 400 Osgood Street A
i Std .aiii`
North Andover,Massachusetts 01845 1f A
Lincoln Daley hu://www.townofnorthandover.com
Town Planner
P(978)688-9535
F(978)688-9542
M-E-M-O-R-A-N-D-U-M
TO: Joyce Bradshaw, Town Clerk
FROM: Lincoln Daley, Town Planner
cc: Heidi Griffin,Director CDS
Attorney Michael Giaimo
DATE: June 14,2005
SUBJECT: Verizon Wireless—Site Plan Special Permit Modification to
decision.
Joyce,
The attached decision has been modified to reflect minor changes(per the Planning
Board's request).
Sinc rely,
Lincoln Daley
Town Planner
mi/attachment
BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535
JV,
,47 4ehe d. /nc`
pORTlr
o•�' Town of North Andover P,ECEJ VED
Office of the Planning Department ;r,Y-CE BRADSHAW
Community Development and Services Div ,.
400 Osgood Street
North Andover,Massachusetts 0185 RAY 21 P 4: 0u
Lincoln Daley httn://www.townefmrL . over com
Town Planner
P(978)688-9535
F(978)688-9542
f
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.
Application filed: March 14,2005
Date of first hearing: May 3,2005
Date of Decision: May 17, 2005
Petition of: Verizon Wireless
400 Fnberg Parkway, Westborough, MA 01581-3956
Premises Affected: 1275 Turnpike Street,North Andover,MA 01845
Referring to the above petition for Site Plan Special Permit in order to upgrade existing
telecommunications equipment by installing three (3) panel antennas and one (1) dish
antenna on the sides of the existing 85' tall concrete tower.
After a public hearing given on the above date, the Planning Board voted to APPROVE
the Site Plan Special Permit based upon the following conditions:
Signed•
Lincoln Daley, Town Planner
Alberto Angles, Chairman
George White,Vice Chairman
cc: Applicant John Simons
Engineer Richard Nardella
Abutters James Phinney
DPW
Building Department
Conservation Department
Health Department
it
ZBA
130ARD OF APPEALS 688-9541 BUILDING 688-9345 CONSERVATION 6884530 HEALTH 6SS-9540 PLANNING 68&4335
1
Verizon Wireless— 1275 Turnpike Street
Special Permit
The Planning Board herein approves the Special Permit to install three(3)panel antennas
and one (1)dish antenna(the "proposed addition") and associated cabling, utilities and
equipment on an existing tower structure in the Village Residential Zoning District. This
Special Permit was requested by Bell Atlantic Mobile.of Massachusetts Corporation,
Ltd., d/b/a Verizon Wireless, 400 Friberg Parkway, Westborough, MA 0 185 1. This
application and additional documentation as cited herein was filed with the Planning
Board on March 14, 2005 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 Donald L. Haes, Jr., Ph.D., CHP, Radiation Safety Specialist
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.
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:
l) Discontinuance Abandonment
a) At such time that a licensed carrier plans to abandon or discontinue operation of
wireless service equipment, such carrier will notify the Town by certified US mail
of the proposed date of abandonment or discontinuation of operations. Such
notice shall be given no less than 30 days prior to abandonment or discontinuation
of operations. In the event that a licensed carrier fails to give such notice, the
wireless service equipment shall be considered abandoned upon discontinuation
2
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) 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.
Z) 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 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 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.
4) Prior to FORM U verification(Building Permit Issuance):
a) The final site plan mylars must be endorsed and three(3)copies of the signed
plans must be delivered to the Planning Department.
3
s
b) A certified copy of the recorded decision must be submitted to the Planning
Department.
5) Prior to verification of the Certificate of Use and Occupancy:
a) The applicant must submit a letter from the architect or engineer of the project
stating that the construction and operations substantially comply with the plans
referenced at the end of this decision as endorsed by the Planning Board.
b) All lighting(if applicable)placed by the carrier on the subject property shall have
underground wiring and shall be so arranged that all direct rays from such lighting
falls entirely within the site and shall be shielded or recessed so as not to shine
upon abutting propertiesorstreets. The Planning Office must approve any
changes to the approved lighting plan as submitted by the applicant.
6) 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.
7) 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.
8) 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.
9) 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.
10)The contractor shall contact Dig Safe at least 72 hours prior to commencing any
excavation.
11)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.
12)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.
13)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.
4
ti
14)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.
15)The following waivers were granted in determining this decision:
a) Waiver of building setback provisions as described in Section 8.9(3)(c)(v)
Setbacks.
b) Waiver(s) to provide camouflaged for the added facilities as described in Section
8.9(4)(a).
c) Waiver to provide certification by a structural engineer that the wireless service
facility is structurally sound for the proposed project.
d) Waiver to provide lines representing the sight line showing viewpoint(point from
which view is taken)and visible point(point being viewed);
e) Waiver to provide the average height of the trees within the property or the
abutting properties.
f) Waiver to show all existing buildings on adjacent properties.
g) Waiver to provide distances (at grade) from the proposed facility to each existing
building.
h) Waiver to provide sight lines showing viewpoint and visible point.
i) Waiver to show any wetlands and subject property within 100' of the wetland.
j) Waiver to provide site lines and photographs in accordance with Section
8.9(5)(d)(iv)
k) Waiver to show the colors of the proposed wireless service facility represented by
a color board showing actual colors presented.
1) Waiver to provide a landscaping plan.
m) Waiver to schedule a balloon test with the Planning Board at the proposed site.
n) Waiver(s) to provide noise-filing requirements as described in Section
8.9(5)(d)(vi)
5
o) Waiver to provide a letter from the Massachusetts Department of Public Health
approving the site.
p) Waiver to provide Federal Environmental Filing Requirements as described in
Section 8.9(5)(d)(viii).
q) Waiver to provide 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.
r) Waiver to post bond for the purpose of insuring that a final as-built plan shows the
location of all on-site structures and demonstrates that the site is constructed in
accordance with the approved plan. This waiver is granted due to the fact that the
antenna upgrades and addition of the dish are minor in nature and will be co-
located on a pre-existing structure used primarily for telecommunications.
16)The following information shall be deemed part of the decision:
Plan titled: Verizon Wireless
North Andover
Turnpike Street
North Andover,MA
Prepared for: Verizon Wireless
400 Friberg Parkway
Westborough, MA 01851
Prepared by : Dewberry-Goodkind, Inc.
31 St. James Avenue
Boston, MA 02116
Dated:
Sheets: T-1, Pl-P9
Report: Application for Site Plan Special Permit by Bell Atlantic
Mobile of Massachusetts Corporation, Ltd., d/b/a Verizon
Wireless, March 10, 2005
Prepared for: Verizon Wireless
Prepared by: Robinson& Cole
One Boston Place
Boston, MA 02108
CC. Applicant
Engineer
DPW
Building Department
6
Town of North Andover {RECEIVED
R AW
Office of the Planning Department MWIN lef
�_ , + Community Development and Services Division °.....
.
1SswCNUSE` 400 Osgood Street
North Andover,Massachusetts 01845 f JJ5 J it: Q
Lincoln Daley b—ttv:ILw w.townofnorthandover.com
Town Planner
P(978)688-9535
F(978)688-9542
M-E-M-O-R-A-N-D-U-M
TO: Joyce Bradshaw, Town Clerk
FROM: Lincoln Daley, Town Planner
cc: Heidi Griffin, Director CDS
Attorney Michael Giaimo
DATE: June 14, 2005
SUBJECT: Verizon Wireless—Site Plan Special Permit Modification to
decision.
Joyce,
The attached decision has been modified to reflect minor changes(per the Planning
Board's request).
Sine rely,
Lincoln Daley i�GG
Town Planner
mi/attachment
BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535
T°
a Mo„TM /1 TTA c/,e
Town of North Andover RECEIVED
Office of the Phmning Department ,; YCE 6RADSHAW
Commun4 Development and Services Ihv do* J,
400 Osgood Street
North Andover,Massachusetts M845 a ,S �!h Y 2 p 4: 0
Lincoln Daley �://www. rs..A
Town Planner
P(978)688-9535
F(978)6M9542
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.
Application filed: March 14,2005
Date of first hearing: May 3,2005
Date of Decision: May 17,2005
Petition of. Verizon Wirelm
400 Fnberg Parkway, Westborough, MA 01581-3956
Premises Affected: 1275 Turnpike Street,North Andover,MA 01845
Referring to the above petition for Site Plan Special Permit in order to upgrade existing
telecommunications equip by three (3) panel antennas and one (1) dish
antenna on the sides of the existing 85' tall concrete tower.
After a public hearing given on the above date, the Planning Board voted to APPROVE
the Site Plan Special Perndt based upon the following conditions:
Signed.
Lincoln Daley,Town Planner
Alberto Angles, CW man
cc: Applicant
George White, Vice Chairman
John Simons
E Richard Nardella
ngineer
Abutters
DPW James Phim"
Building Dept
Conservation Department
Health Department
ZBA
BOARD OF APPEALS bat*S41 BUILDING bet 9545 CONSERVATION"84330 HEALTH 6t"M PLANNING 6U-9533
1
Verizon Wireless—1275 Turnpike Street
Special Permit
The Planning Board herein approves the
Special Permit to install three(3)panel antennas
( )
and one(1)dish antenna(the"proposed addition")and associated cabling, utilities and
equipment on an existing tower structure in the Village Residential Zoning District. This
Special Permit was requested by Bell Atlantic Mobile.of Massachusetts Corporation,
Ltd., d/b/a Verizon Wireless, 400 Friberg Parkway, Westborough, MA 01851. This
application and additional documentation as cited herein was filed with the Planning
Board on March 14, 2005 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 Donald L. Haes,Jr., Ph.D., CHP, Radiation Safety Specialist
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.
Finally the Planning Board finds that this project generally complies with the Town of
North Andover Zoning Bylaw requirements as listed in Section 8.9 but requires
conditions in order to be fully in compliance. The Planning Board hereby grants an
approval to the applicant provided the following conditions are met:
SPECIAL CONDITIONS:
1) Discontinuance Abandonment
a) At such time that a licensed carrier plans to abandon or discontinue operation of
wireless service equipment, such carrier will notify the Town by certified US mail
of the proposed date. of abandonment or discontinuation of operations. Such
notice shall be given no less 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
2
3
of operations.
b) Upon abandonment or discontinuation of use, the carrier shall physically remove
the wireless service ery ce equipment placed on the site by the earner 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) 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.
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) 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 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.
4) Prior to FORM U verification(Building Permit Issuance):
a) The final site plan mylars must be endorsed and three(3) copies of the signed
plans must be delivered to the Planning Department.
3
b) A certified copy of the recorded decision must be submitted to the Planning
Department.
5) Prior to verification of the Certificate of Use and Occupancy:
a) The applicant must submit a letter from the architect or engineer of the project
stating that the construction and operations substantially comply with the plans
referenced at the end of this decision as endorsed by the Planning Board.
b) All lighting(if applicable)placed by the carrier on the subject property shall have
underground wiring and shall be so arranged that all direct rays from such lighting
falls entirely within the site and shall be shielded or recessed so as not to shine
upon abutting properties or streets. The Planning Office must approve any
changes to the approved lighting plan as submitted by the applicant.
6) 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.
7) 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.
8) 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.
9) 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.
10)The contractor shall contact Dig Safe at least 72 hours prior to commencing any
excavation.
11 Therovisions of this conditional
p approval shall apply to and be binding upon the
applicant, its employees and all successors and assigns in interest or control.
12)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.
13)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.
4
rnu
14)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.
15)The following waivers were granted in determining this decision:
a) Waiver of building setback provisions as described in Section 8.9(3)(c)(v)
Setbacks.
b) Waiver(s) to provide camouflaged for the added facilities as described in Section
8.9(4)(a).
c) Waiver to provide certification by a structural engineer that the wireless service
facility is structurally sound for the proposed project.
d) Waiver to provide lines representing the sight line showing viewpoint(point from
which view is taken) and visible point(point being viewed);
e) Waiver to provide the average height of the trees within the property or the
abutting properties.
f) Waiver to show all existing buildings on adjacent properties.
g) Waiver to provide distances (at grade) from the proposed facility to each existing
building.
h) Waiver to provide sight lines showing viewpoint and visible point.
i) Waiver to show any wetlands and subject property within 100' of the wetland.
j) Waiver to provide site lines and photographs in accordance with Section
8.9(5)(d)(iv).
k) Waiver to show the colors of the proposed wireless service facility represented by
a color board showing actual colors presented.
1) Waiver to provide a landscaping plan.
m) Waiver to schedule a balloon test with the Planning Board at the proposed site.
n) Waiver(s) to provide noise-filing requirements as described in Section
8.9(5)(d)(vi).
5
�o
o) Waiver to provide a letter from the Massachusetts Department of Public Health
approving the site.
p) Waiver torovide Federal Environmental Filing Requirements as described in
p g
Section 8.9(5)(d)(viii).
q) Waiver to provide 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.
r) Waiver to post bond for the purpose of insuring that a final as-built plan shows the
location of all on-site structures and demonstrates that the site is constructed in
accordance with the approved plan. This waiver is granted due to the fact that the
antenna upgrades and addition of the dish are minor in nature and will be co-
located on a pre-existing structure used primarily for telecommunications.
16)The following information shall be deemed part of the decision:
Plan titled: Verizon Wireless
North Andover
Turnpike Street
North Andover, MA
Prepared for: Verizon Wireless
400 Friberg Parkway
Westborough,MA 01851
Prepared by : Dewberry-Goodkind, Inc.
31 St. James Avenue
Boston, MA 02116
Dated:
Sheets: T-1,P1-P9
Report: Application for Site Plan Special Permit by Bell Atlantic
Mobile of Massachusetts Corporation, Ltd., d/b/a Verizon
Wireless, March 10, 2005
Prepared for: Verizon Wireless
Prepared by: Robinson& Cole
One Boston Place
Boston, MA 02108
CC. Applicant
Engineer
DPW
Building Department
6
rt yGRipg�
,b4,
L Town of North Andover ,��
ErP'IV "0
Office of the Planning Department J07,EBRADSHAW
Community Development and Services Division;'
�., qi TED rpP S{ij _
sspc+use 400 Osgood Street
10 AY 21 P 4: O�
North Andover,Massachusetts 01845 tD F
Lincoln Daley httn://www.townofnorthandover.com
Town Planner
P(978)688-9535
F(978)688-9542
NOTICE OF DECISION
Any appeal shall be filed
within(20) days after the
date of filing this Notice
in the office of the Town
Clerk.
Application filed: March 14,2005
Date of first hearing: May 3,2005
Date of Decision: May 17, 2005
Petition of: Verizon Wireless
400 Frlberg Parkway, Westborough,MA 01581-3956
Premises Affected: 1275 Turnpike Street,North Andover, MA 01845
Referring to the above petition for Site Plan Special Permit in order to upgrade existing
telecommunications equipment by installing three (3) panel antennas and one (1) dish
antenna on the sides of the existing 85' tall concrete tower.
After a public hearing given on the above date, the Planning Board voted to APPROVE
the Site Plan Special Permit based upon the following conditions:
Signed:
Lincoln Daley, Town Planner
Alberto Angles, Chairman
George White,Vice Chairman
cc: Applicant John Simons
Engineer Richard Nardella
Abutters James Phinney
DPW
Building Department
Conservation Department
Health Department
ZBA
BOARD OF APPEALS 688-9541 BULDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535
1
Verizon Wireless— 1275 Turnpike Street
Special Permit
The Planning Board herein approves the Special Permit to install three(3)panel antennas
and one (1) dish,antenna(the"proposed addition")and associated cabling,utilities and
equipment on an existing tower structure in the Village Residential Zoning District. This
Special Permit was requested by Bell Atlantic Mobile of Massachusetts Corporation, Ltd.,
d/b/a Verizon Wireless, 400 Friberg Parkway, Westborough, MA 01851. This application
and additional documentation as cited herein was filed with the Planning Board on March
14, 2005 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 Donald L. Haes,Jr., Ph.D., CHP, Radiation Safety Specialist
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.
Finally the Planning Board finds that this project generally complies with the Town of
North Andover Zoning Bylaw requirements as listed in Section 8.9 but requires conditions
in order to be fully in compliance. The Planning Board hereby grants an approval to the
applicant provided the following conditions are met:
SPECIAL CONDITIONS:
1) Discontinuance Abandonment
a) At such time that a licensed carrier plans to abandon or discontinue operation of
wireless service equipment, such carrier will notify the Town by certified US mail
of the proposed date of abandonment or discontinuation of operations. Such notice
shall be given no less 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
2
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, 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 Planning Board. 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 carver 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 Planning Board
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 Planning Board.
b) Funds, sufficient in the opinion of the Planning Board to cover annual maintenance
3
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.
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 and co-applicant or their successor in interest shall maintain the
wireless service equipment in good condition. Such maintenance shall include, but
shall not be limited to,painting, structural integrity of the equipment.
4) Prior to the 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.
b) The applicant shall provide the necessary escrow accounts and insurance as
required in the above sections.
5) Prior to FORM U verification(Building Permit Issuance):
a) The final site plan mylars must be endorsed and three(3)copies of the signed plans
must be delivered to the Planning Department.
b) A certified copy of the recorded decision must be submitted to the Planning
Department.
6) Prior to verification of the Certificate of Use and Occupancy:
a) The applicant must submit a letter from the architect or engineer of the project stating
that the construction and operations substantially comply with the plans referenced at
the end of this decision as endorsed by the Planning Board.
b) All lighting 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
4
properties or streets. The Planning Office must approve any changes to the
approved lighting plan as submitted by the applicant.
7) Prior to the final release of security:
a) A final as-built plan showing final construction and location of the wireless
hardware shall be submitted to and reviewed by the Planning Staff.
8) Any stockpiling of materials(dirt,wood, construction material,etc.)must be shown
on a plan and reviewed and approved by the Planning Staff. Any approved piles must
remain covered at all times to minimize any dust problems that may occur with
adjacent properties. Any stockpiles to remain for longer than one week must be fenced
off and covered.
9) In an effort to reduce noise levels, the applicant shall keep in optimum working order,
through regular maintenance, any and all equipment that shall emanate sounds from
the structures or site.
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 two years from the
date permit granted unless substantial use or construction has commenced. Substantial
use or construction will be determined by a majority vote of the Planning Board.
17)The following waivers were granted in determining this decision:
5
a) Waiver of building setback provisions as described in Section 8.9(3)(c)(v)
Setbacks.
b) Waiver(s) to provide camouflaged for the added facilities as described in Section
8.9(4)(a).
c) Waiver to provide certification by a structural engineer that the wireless service
facility is structurally sound for the proposed project.
d) Waiver to provide lines representing the sight line showing viewpoint (point from
which view is taken) and visible point(point being viewed);
e) Waiver to provide the average height of the trees within the property or the
abutting properties.
f) Waiver to show all existing buildings on adjacent properties.
g) Waiver to provide distances (at grade) from the proposed facility to each existing
building.
h) Waiver to provide sight lines showing viewpoint and visible point.
i) Waiver to show any wetlands and subject property within 100' of the wetland.
j) Waiver to provide site lines and photographs in accordance with Section
8.9(5)(d)(iv).
k) Waiver to show the colors of the proposed wireless service facility represented by
a color board showing actual colors presented.
1) Waiver to provide a landscaping plan.
m) Waiver to schedule a balloon test with the Planning Board at the proposed site.
n) Waiver(s) to provide noise-filing requirements as described in Section
8.9(5)(d)(vi)•
o) Waiver to provide a letter from the Massachusetts Department of Public Health
approving the site.
p) Waiver to provide Federal Environmental Filing Requirements as described in
Section 8.9(5)(d)(viii).
q) Waiver to provide annual certification demonstrating continuing compliance with
the standards of the Federal Communications Commission, Federal Aviation
6
Administration and the American National Standards Institute shall be filed with
the SPGA by the Special Permit holder.
r) Waiver to post bond for the purpose of insuring that a final as-built plan shows the
location of all on-site structures and demonstrates that the site is constructed in
accordance with the approved plan. This waiver is granted due to the fact that the
antenna upgrades and addition of the dish are minor in nature and will be co-
located on a pre-existing structure used primarily for telecommunications.
18)The following information shall be deemed part of the decision:
Plan titled: Verizon Wireless
North Andover
Turnpike Street
North Andover, MA
Prepared for: Verizon Wireless
400 Friberg Parkway
Westborough, MA 01851
Prepared by : Dewberry-Goodkind,Inc.
31 St. James Avenue
Boston,MA 02116
Dated: Received by the Planning Department March 25, 2005
Sheets: T-1, P1-P9
Report: Application for Site Plan Special Permit by Bell Atlantic
Mobile of Massachusetts Corporation, Ltd., d/b/a Verizon
Wireless, March 10, 2005
Prepared for: Verizon Wireless
Prepared by: Robinson&Cole
One Boston Place
Boston,MA 02108
cc. Applicant
Engineer
DPW
Building Department
7
r Town of North Andoverof �Q RT11
Office of the Planning Department °`•"�4�
O A
Community Development and Services Division
27 Charles Street
oMAToo`�' ~'(
North Andover,Massachusetts 01845 'Ss�cr+uS
ldaley@townofnorthandover.com
h!W://www.townofnorthandover.com Town Planner P (978)688-9535
Lincoln J.Daley F (978)688-9542
MEMORANDUM
TO: Joyce Bradshaw
FROM: Lincoln Daley
CC: Heidi Griffin,Community Development& Services Director
RE: Verizon Wireless-Site Plan Special Permit Modification to Decision
DATE: April 28,2005
Joyce:
The attached decision has been modified to reflect minor changes(Per the Planning Board's request)
eliminating the need for performance standards for the construction/addition of telecommunication
equipments on the existing facility. If you have any questions,please feel free to contact me.
Sincerely,
tJ"t
Lincoln Daley -�
Town Planner sne"
1
BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535
re
XTrxe `�ed_
s NORTH
Town of North Andover �"' .
OL i�,rvl:IY ED
Office of the Planning Department YLE BRADs1 AW
• ; ._::�.. . i Community Development and Services D ivssiQx :
s�CHU 400 Osgood Street
North Andover,Massachusetts 01845 "`5 MAY 2� P �: ��
Lincoln Daley hF://`�^'�'`. ownof wrffiw dover.com
Town Planner
P(978)688-9535
F(978)688-9542
NOTICE OF DECISION
Any appeal shall be filed
within(20) days after the
date of filing this Notice
in the office of the Town
Clerk.
Application filed: March 14,2005
Date of first hearing: May 3,2005
Date of Decision: May 17, 2005
Petition of Verizon Wireless
400 Fnberg Parkway, Westborough, MA 01581-3956
Premises Affected: 1275 Turnpike Street,North Andover,MA 01845
Referring to the above petition for Site Plan Special Permit in order to upgrade existing
telecommunications equipment by installing three (3) panel antennas and one (1) dish
antenna on the sides of the existing 85' tall concrete tower.
After a public hearing given on the above date, the Planning Board voted to APPROVE
the Site Plan Special Permit based upon the following conditions:
Signed
Lincoln Daley, Town Planner
Alberto Angles, Chairman
George White,Vice Chairman
cc: Applicant John Simons
Engineer Richard Nardella
Abutters James Phinney
DPW
Building Department
Conservation Department
Health Department
ZBA
BOARD OF APPEALS 688-9541 BUILDING 6M9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535
1
Verizon Wireless— 12' 5 Turnpike Street
Special Permit
The Planning Board herein approves the Special Permit to install three(3)panel antennas
and one(1) dish antenna(the"proposed addition") and associated cabling, utilities and
equipment on an existing tower structure in the Village Residential Zoning District. This
Special Permit was requested by Bell Atlantic Mobile of Massachusetts Corporation, Ltd.,
d/b/a Verizon Wireless,400 Friberg Parkway, Westborough, MA 01851. This ap lication
and additional documentation as cited herein was filed with the Planning Board oi
AA'VS
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 Iocation 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 Donald L. Haes, Jr., Ph.D., CHP, Radiation Safety Specialist
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.
Finally the Planning Board finds that this project generally complies with the Town of
North Andover Zoning Bylaw requirements as listed in Section 8.9 but requires conditions
in order to be fully in compliance. The Planning Board hereby grants an approval to the
applicant provided the following conditions are met:
SPECIAL CONDITIONS:
1) Discontinuance Abandonment
a) At such time that a licensed carrier plans to abandon or discontinue operation of
wireless service equipment, such carrier will notify the Town by certified US mail
of the proposed date of abandonment or discontinuation of operations. Such notice
shall be given no less 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
1
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, the carrier shall place into
escrow a sum of money to cover the costs of removing the facility from the subject
property. Said amount shall be certified by an engineer,architect or other qualified
professional registered to practice in the Commonwealth of Massachusetts. Said
funds shall be held by an independent escrow agent to be appointed by the carrier
and the SPGR. The carrier shall authorize and, as necessary, shall obtain the
authorization of the owner of the property to allow the escrow agent to enter upon
the subject property to remove the facility when the facility has been abandoned or
discontinued. In the event the posted amount does not cover, the cost of
demolition and/or removal the Town may place a lien upon the property covering
the difference in cost.
d) The equipment shall be deemed to be abandoned or discontinued if it has not been
used for the purpose for which it was originally constructed for a period of six(6)
months or more. Once abandonment or discontinuance has occurred, the carrier
shall remove the equipment placed by the carrier from the subject property within
ninety days. In the event that the carrier fails to remove the equipment, the town
shall give notice to the carrier and the independent escrow agent that the
equipment shall be removed by the escrow agent forthwith and the escrow agent,
after affording written notice seven days in advance to the carrier, shall remove the
facility.
2) Term of Special Permit.
a) A Special Permit issued for any wireless service facility shall be valid for three(3)
years. The special permit may be renewed under the same criteria as the original
special permit,provided that the application for renewal of the special permit is
made prior to the expiration date of the original or any renewed special permit.
Additional measures governing the administration of the special permit are found
in Section 10.3 of the Zoning Bylaw.
2
b) After the equipment on the facility is in operation, the applicant shall submit to the
SPCA, within 90 days of beginning operations and at annual intervals from the
date of issuance of the Special Permit, preexistent and current RFR measurements.
Such measurements shall be signed and certified by an RF engineer, stating that
RER measurements are accurate and are in compliance or why the measurements
fail to comply with all applicable FCC Guidelines as specified in Section
8.9(4)(c)(1) RFR Filing Requirements of this Bylaw. The measurements shall be
submitted for the equipment proposed on this facility. This condition shall be in
effect until such time as an additional carrier proposes equipment on this
facility. At that time, this obligation will fall upon the proponent of the
additional equipment so as to obtain a better measure of the cumulative
effect of the facility.
c) The applicant and co-applicant or their successor in interest shall maintain the
wireless service equipment in good condition. Such maintenance shall include, but
shall not be limited to,painting, structural integrity of the equipment.
3. Prior to the endorsement of the plans by the Planning Board,the applicant must
comply with the following conditions:
a) The applicant shall provide a map indicating the intended locations for testing as
required above.
4. Prior to the start of construction:
a) A construction schedule shall be submitted to the Planning Staff for the purpose of
tracking the construction and informing the public of anticipated activities on the
site.
5. Prior to FORM U verification (Building Permit Issuance):
a) The final site plan mylars must be endorsed and three(3)copies of the signed plans
must be delivered to the Planning Department.
b) A certified copy of the recorded decision must be submitted to the Planning
Department.
b. Prior to verification of the Certificate of Use and Occupancy:
a) The applicant must submit a letter from the architect or engineer of the project stating
that the construction and operations substantially comply with the plans referenced at
the end of this decision as endorsed by the Planning Board.
b) All lighting(if applicable)placed by the carrier on the subject property shall have
underground wiring and shall be so arranged that all direct rays from such lighting
falls entirely within the site and shall be shielded or recessed so as not to shine
3
upon abutting properties or streets. The Planning Office must approve any changes
to the approved lighting plan as submitted by the applicant.
c) A final as-built plan showing final construction and location of the wireless
hardware shall be submitted to and reviewed by the Planning Staff.
7. 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.
8. 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.
9. 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.
10. 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.
11. The contractor shall contact Dig Safe at least 72 hours prior to commencing any
excavation.
12. 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.
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. This Special Permit approval shall be deemed to have lapsed after two years from the
date permit granted unless substantial use or construction has commenced. Substantial
use or construction will be determined by a majority vote of the Planning Board.
16. The following waivers were granted in determining this decision:
a) Waiver of building setback provisions as described in Section 8.9(3)(c)(v)
Setbacks.
4
b) Waiver(s) to provide camouflaged for the added facilities as described in Section
8.9(4)(a).
c) Waiver to provide certification by a structural engineer that the wireless service
facility is structurally sound for the proposed project.
d) Waiver to provide lines representing the sight line showing viewpoint (point from
which view is taken) and visible point(point being viewed);
e) Waiver to provide the average height of the trees within the property or the
abutting properties.
f) Waiver to show all existing buildings on adjacent properties.
g) Waiver to provide distances (at grade) from the proposed facility to each existing
building.
h) Waiver to provide sight lines showing viewpoint and visible point.
i) Waiver to show any wetlands and subject property within 100' of the wetland.
j) Waiver to provide site lines and photographs in accordance with Section
89(5)(d)(iv).
k) Waiver to show the colors of the proposed wireless service facility represented by
a color board showing actual colors presented.
1) Waiver to provide a landscaping plan.
m) Waiver to schedule a balloon test with the Planning Board at the proposed site.
n) Waiver(s) to provide noise-filing requirements as described in Section
8.9(5)(d)(vi)•
o) Waiver to provide a letter from the Massachusetts Department of Public Health
approving the site.
p) Waiver to provide Federal Environmental Filing Requirements as described in
Section .9 viii
8 (5)(d)( .)
q) Waiver to provide 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.
5
t'
17. The following information shall be deemed part of the decision:
Plan titled: Verizon Wireless
North Andover
Turnpike Street
North Andover, MA
Prepared for: Verizon Wireless
400 Friberg Parkway
Westborough, MA 01851
Prepared by : Dewberry-Goodkind,Inc.
31 St. James Avenue
Boston, MA 02116
Dated:
Sheets: T-1, Pl-P9
Report: Application for Site Plan Special Permit by Bell Atlantic
Mobile of Massachusetts Corporation, Ltd.,d/b/a Verizon
Wireless, March 10,2005
Prepared for: Verizon Wireless
Prepared by: Robinson&Cole
One Boston Place
Boston, MA 02108
cc. Applicant
Engineer
DPW
Building Department
6
CORK&C ie u ;(1j
14rr,4e 6Q d-
' NOItT1/
Town of North Andover
FEI"EIYE0
} Office of the Planning Department . L YCE.BRADSHA:V
+► `F a 7 i4� C L E?K
Community Development and Services Divish*., .►;=J,
400 Osgood Street
North Andover,Massachusetts 01845 t"S MAY 21 P :
Lincoln Daley http•/LWWW town a6xTthandover com
CQ
Town Planner
P(978)688-9535
F(978)688-95. 2
NOTICE OF DECISION
Any appeal shall be filed This is to certify that twenty(20)days
have elapsed from date of decision,flied
Within(20) days after the without ttiiDete'JU-4 appeal.
date
of filing this Notice Joyce A.Bradshaw
in the office of the Town Town Clark
Clerk.
Application filed: March 14,2005
Date of first hearing: May 3,2005
Daze of Decision: May 17, 2005
Petition of Verizon Wireless
400 Fn'berg Parkway, Westborough, MA 01581-3956
Premises Affected: 1275 Turnpike Street,North Andover,MA 01845
Referring to the above petition for Site Plan Special Permit in order to upgrade existing
telecommunications equipment by installing three (3) panel antennas and one (1) dish
antenna on the sides of the existing 85' tall concrete tower.
After a public hearing given on the above date, the Planning Board voted to APPROVE
the Site Plan Special Permit based upon the following conditions:
Signed•
Lincoln Daley, Town Planner
Alberto Angles, Chairman
George White, Vice Chairman
cc: Applicant John Simons
Engineer Richard Nardella
Abutters James Phinney L
DPW
Building Department
Conservation Department
Health Department
ZBA
BOARD OF APPEALS 688-9541 BUILDING 6884545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 6884535
1
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, 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.
2
b) After the equipment on the facility is in operation, the applicant shall submit to the
SPGR, within 90 days of beginning operations and at annual intervals from the
date of issuance of the Special Permit,preexistent and current RFR measurements.
Such measurements shall be signed and certified by an RF engineer, stating that
RER measurements are accurate and are in compliance or why the measurements
fail to comply with all applicable FCC Guidelines as specified in Section
8.9(4)(c)(1) RFR Filing Requirements of this Bylaw. The measurements shall be
submitted for the equipment proposed on this facility. This condition shall be in
effect until such time as an additional carrier proposes equipment on this
facility. At that time, this obligation will fall upon the proponent of the
additional equipment so as to obtain a better measure of the cumulative
effect of the facility.
c) The applicant and co-applicant or their successor in interest shall maintain the
wireless service equipment in good condition. Such maintenance shall include, but
shall not be limited to,painting, structural integrity of the equipment.
I 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.
4. Prior to the start of construction:
a) A construction schedule shall be submitted to the Planning Staff for the purpose of
tracking the construction and informing the public of anticipated activities on the
site.
5. Prior to FORM U verification (Building Permit Issuance):
a) The final site plan mylars must be endorsed and three(3)copies of the signed plans
must be delivered to the Planning Department.
b) A certified copy of the recorded decision must be submitted to the Planning
Department.
b. Prior to verification of the Certificate of Use and Occupancy:
a) The applicant must submit a letter from the architect or mgmeer of the project stating
that the construction and operations substantially comply with the plans referenced at
the end of this decision as endorsed by the Planning Board
b) All lighting(if applicable)placed by the carrier on the subject property shall have
underground wiring and shall be so arranged that all direct rays from such lighting
falls entirely within the site and shall be shielded or recessed so as not to shine
3
upon abutting properties or streets. The Planning Office must approve any changes
to the approved lighting plan as submitted by the applicant.
c) A final as-built plan showing final construction and location of the wireless
hardware shall be submitted to and reviewed by the Planning Staff.
7. 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.
8. 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.
9. 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.
10. 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.
11. The contractor shall contact Dig Safe at least 72 hours prior to commencing any
excavation.
12. 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.
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. This Special Permit approval shall be deemed to have lapsed after two years from the
date permit granted unless substantial use or construction has commenced. Substantial
use or construction will be determined by a majority vote of the Planning Board.
16. The following waivers were granted in determining this decision:
a) Waiver of building setback provisions as described in Section 8.9(3)(c)(v)
Setbacks.
4
b) Waiver(s) to provide camouflaged for the added facilities as described in Section
8.9(4)(a).
c) Waiver to provide certification by a structural engineer that the wireless service
facility is structurally sound for the proposed project.
d) Waiver to provide fines representing the sight line showing viewpoint (point from
which view is taken) and visible point (point being viewed);
e) Waiver to provide the average height of the trees within the property or the
abutting properties.
fl Waiver to show all existing buildings on adjacent properties.
g) Waiver to provide distances (at grade) from the proposed facility to each existing
building.
h) Waiver to provide sight lines showing viewpoint and visible point.
i) Waiver to show any wetlands and subject property within 100' of the wetland.
j) Waiver to provide site lines and photographs in accordance with Section
8.9(5)(d)(iv).
k) Waiver to show the colors of the proposed wireless service facility represented by
a color board showing actual colors presented.
1) Waiver to provide a landscaping plan.
m) Waiver to schedule a balloon test with the Planning Board at the proposed site.
n) Waiver(s) to provide noise-filing requirements as described in Section
8.9(5)(d)(vi).
o) Waiver to provide a letter from the Massachusetts Department of Public Health
approving the site.
p) Waiver to provide Federal Environmental Filing Requirements as described in
Section 8.9(5)(d)(viii).
q) Waiver to provide 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.
5
t
17. The following information shall be deemed part of the decision:
Plan titled: Verizon Wireless
North Andover
Turnpike Street
North Andover, MA
Prepared for: Verizon Wireless
400 Friberg Parkway
Westborough, MA 01851
Prepared by : Dewberry-Goodkind,Inc.
31 St. James Avenue
Boston, MA 02116
Dated:
Sheets: T-1, P1-P9
Report: Application for Site Plan Special Permit by Bell Atlantic
Mobile of Massachusetts Corporation, Ltd.,d/b/a Verizon
Wireless, March 10, 2005
Prepared for: Verizon Wireless
Prepared by: Robinson&Cole
One Boston Place
Boston, MA 02108
CC. Applicant
Engineer
DPW
Building Department
6
Wk6-C /e o Lcy,
MORTp
•"`. �" Town of North Andover
Office of the Planning Department G YLE BRADS-4AW
�" -. ..:�t...
Community Development and Serviced Divis�iq�:'�:C K
400 Osgood Street
North Andover,Massachusetts 01845 i"5 MAY 21 P 4: 0u
Lincoln Daley ft://WWW•towno over coin
Town Planner
P(978)688-9535
F(978)688-9542
NOTICE OF DECISION
Any appeal shall be filed
within(20) days after the
date of filing this Notice
in the office of the Town
Clerk.
Application filed: March 14,2005
Date of first hearing: May 3, 2005
Date of Decision: May 17, 2005
Petition of. Verizon Wireless
400 Friberg Parkway, Westborough, MA 01581-3956
Premises Affected: 1275 Turnpike Street,North Andover,MA 01845
Referring to the above petition for Site Plan Special Permit in order to upgrade existing
telecommunications equipment by installing three (3) panel antennas and one (1) dish
antenna on the sides of the existing 85' tall concrete tower.
After a public hearing given on the above date, the Planning Board voted to APPROVE
the Site Plan Special Permit based upon the following conditions:
Signed•
Lincoln Daley,Town Planner
Alberto Angles, Chairman
George White,Vice Chairman
cc: Applicant John Simons
Engineer Richard Nardella
Abutters James Phinney
DPW
Building Department
Conservation Department
Health Department
ZBA
BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 6884530 HEALTH 688-9540 PLANNING 6884535
1
Verizon Wireless— 1275 Turnpike Street
Special Permit
The Planning Board herein approves the Special Permit to install three(3)panel antennas
and one(1)dish antenna(the`proposed addition")and associated cabling, utilities and
equipment on an existing tower structure in the Village Residential Zoning District. This
Special Permit was requested by Bell Atlantic Mobile of Massachusetts Corporation, Ltd.,
d/b/a Verizon Wireless, 400 Friberg Parkway, Westborough, MA O1851. This ap licattion
and additional documentation as cited herein was filed with the Planning Board 44j1
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 Donald L. Haes,Jr., Ph.D., CHP, Radiation Safety Specialist
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.
Finally the Planning Board finds that this project generally complies with the Town of
North Andover Zoning Bylaw requirements as listed in Section 8.9 but requires conditions
in order to be fully in compliance. The Planning Board hereby grants an approval to the
applicant provided the following conditions are met:
SPECIAL CONDITIONS:
1) Discontinuance Abandonment
a) At such time that a licensed carrier plans to abandon or discontinue operation of
wireless service equipment, such carrier will notify the Town by certified US mail
of the proposed date of abandonment or discontinuation of operations. Such notice
shall be given no less 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
z
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, 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.
2
b) After the equipment on the facility is in operation, the applicant shall submit to the
SPGR, within 90 days of beginning operations and at annual intervals from the
date of issuance of the Special Permit,preexistent and current RFR measurements.
Such measurements shall be signed and certified by an RF engineer, stating that
RER measurements are accurate and are in compliance or why the measurements
fail to comply with all applicable FCC Guidelines as specified in Section
8.9(4)(c)(1) RFR Filing Requirements of this Bylaw. The measurements shall be
submitted for the equipment proposed on this facility. This condition shall be in
effect until such time as an additional carrier proposes equipment on this
facility. At that time, this obligation will fall upon the proponent of the
additional equipment so as to obtain a better measure of the cumulative
effect of the facility.
c) The applicant and co-applicant or their successor in interest shall maintain the
wireless service equipment in good condition. Such maintenance shall include, but
shall not be limited to,painting, structural integrity of the equipment.
3. Prior to the endorsement of the plans by the Planning Board, the applicant must
comply with the following conditions:
a) The applicant shall provide a map indicating the intended locations for testing as
required above.
4. Prior to the start of construction:
a) A construction schedule shall be submitted to the Planning Staff for the purpose of
tracking the construction and informing the public of anticipated activities on the
site.
5. Prior to FORM U verification (Building Permit Issuance):
a) The final site plan mylars must be endorsed and three(3) copies of the signed plans
must be delivered to the Planning Department.
b) A certified copy of the recorded decision must be submitted to the Planning
Department.
6. Prior to verification of the Certificate of Use and Occupancy:
a) The applicant must submit a letter from the architect or engineer of the project stating
that the construction and operations substantially comply with the plans referenced at
the end of this decision as endorsed by the Planning Board.
b) All lighting(if applicable)placed by the carrier on the subject property shall have
underground wiring and shall be so arranged that all direct rays from such lighting
falls entirely within the site and shall be shielded or recessed so as not to shine
3
upon abutting properties or streets. The Planning Office must approve any changes
to the approved lighting plan as submitted by the applicant.
c) A final as-built plan showing final construction and location of the wireless
hardware shall be submitted to and reviewed by the Planning Staff.
7. 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.
8. 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.
9. 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.
10. 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.
11. The contractor shall contact Dig Safe at least 72 hours prior to commencing any
excavation.
12. 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.
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. This Special Permit approval shall be deemed to have lapsed after two years from the
date permit granted unless substantial use or construction has commenced. Substantial
use or construction will be determined by a majority vote of the Planning Board.
16. The following waivers were granted in determining this decision:
a) Waiver of building setback provisions as described in Section 8.9(3)(c)(v)
Setbacks.
4
b) Waiver(s) to provide camouflaged for the added facilities as described in Section
8.9(4)(a).
c) Waiver to provide certification by a structural engineer that the wireless service
facility is structurally sound for the proposed project.
d) Waiver to provide lines representing the sight line showing viewpoint (point from
which view is taken) and visible point(point being viewed);
e) Waiver to provide the average height of the trees within the property or the
abutting properties.
fl Waiver to show all existing buildings on adjacent properties.
g) Waiver to provide distances (at grade) from the proposed facility to each existing
building.
h) Waiver to provide sight lines showing viewpoint and visible point.
i) Waiver to show any wetlands and subject property within 100' of the wetland.
j) Waiver to provide site lines and photographs in accordance with Section
8.9(5)(d)(iv).
k) Waiver to show the colors of the proposed wireless service facility represented by
a color board showing actual colors presented.
1) Waiver to provide a landscaping plan.
m) Waiver to schedule a balloon test with the Planning Board at the proposed site.
n) Waiver(s) to provide noise-filing requirements as described in Section
8.9(5)(d)(vi)•
o) Waiver to provide a letter from the Massachusetts Department of Public Health
approving the site.
p) Waiver to provide Federal Environmental Filing Requirements as described in
Section 8.9(5)(d)(viii).
q) Waiver to provide 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.
5
17. The following information shall be deemed part of the decision:
Plan titled: Verizon Wireless
North Andover
Turnpdce Street
North Andover, MA
Prepared for: Verizon Wireless
400 Fniberg Parkway
Westborough,MA 01851
Prepared by: Dewberry-Goodkind, Inc.
31 St. James Avenue
Boston, MA 02116
Dated:
Sheets: T-1, PI-P9
Report: Application for Site Plan Special Permit by Bell Atlantic
Mobile of Massachusetts Corporation,Ltd., d/b/a Verizon
Wireless, March 10, 2005
Prepared for: Verizon Wireless
Prepared by: Robinson&Cole
One Boston Place
Boston, MA 02108
CC. Applicant
Engineer
DPW
Building Department
6
qqqq
Town of North Andover r r E-��f F-D
�'�
Office of the Planning Department "'E
(
n.
tY P...'" Community Development and Services Divxslc }
C j5 400 Osgood Street
tts m
Andover Massachusetts �� ,f;
North �,� �" !
•//www towno€northandover.com
Lincoln Daley
Town Planner
P(978)688-9535
F(978)688-9542
NOTICE OF DECISION This is to certify that twenty(20)days
have elapsed from date of decision,filed
without filing of an ap ea1.Da
�-
Any appeal shall be filed Joycey"rr Bradshaw
within(20) days after the
TO m em
date of filing this Notice
in the office of the Town
Clerk.
Application filed: March 14,2005
Date of first hearing: May 3,2005
Date of Decision: May 17, 2005
Petition of Verizon Wireless
400 Friberg Parkway, Westborough,MA 01581-3956
Premises Affected: 1275 Turnpike Street,North Andover,MA 01845
Referring to the above petition for Site Plan Special Permit in order to upgrade existing
telecommunications equipment by installing three (3) panel antennas and one (1) dish
antenna on the sides of the existing 85' tall concrete tower.
After a public hearing given on the above date, the Planning Board voted to APPROVE
the Site Plan Special Permit based upon the following conditions:
Signed: ZA�'
Lincoln Daley, Town Planner Ir
Alberta Angles, Chairman
George White,Vice Chairman
cc: Applicant John Simons
Engineer Richard Nardella
Abutters James Phinney
DPW
Building Department
Conservation Department
Health Department
ZBA
BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 689-9530 HEALTH 685-9540 PLANNING 6884535
1
Verizon Wireless—1275 Turnpike Street
Special Permit
The Planning Board herein approves the Special Permit to install three(3)panel antennas
and one(1) dish antenna(the"proposed addition")and associated cabling, utilities and
equipment on an existing tower structure in the Village Residential Zoning District. This
Special Permit was requested by Bell Atlantic Mobile of Massachusetts Corporation, Ltd.,
d/b/a Verizon Wireless, 400 Friberg Parkway, Westborough, MA 01851. This application
and additional documentation as cited herein was filed with the Planning Board on March
14, 2005 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 Donald L. Haes, Jr., Ph.D., CHP, Radiation Safety Specialist
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.
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 frilly in compliance. The Planning Board hereby grants an approval to the
applicant provided the following conditions are met:
SPECIAL CONDITIONS:
1)Discontinuance Abandonment
a) At such time that a licensed carrier plans to abandon or discontinue operation of
wireless service equipment, such carrier will notify the Town by certified US mail
of the proposed date of abandonment or discontinuation of operations. Such notice
shall be given no less than 30 days prior to abandonment or discontinuation of
operations. In the event that a licensed carrier fails to give such notice,the wireless
service equipment shall be considered abandoned upon discontinuation of
2
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, 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 Planning Board. 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 Planning Board
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 Planning Board.
b Funds sufficient in the opinion of the Planning Board to cover annual maintenance
P g
3
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.
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 and co-applicant or their successor in interest shall maintain the
wireless service equipment in good condition. Such maintenance shall include, but
shall not be limited to,painting, structural integrity of the equipment.
4) Prior to the 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.
b) The applicant shall provide the necessary escrow accounts and insurance as
required in the above sections.
5) Prior to FORM U verification(Building Permit Issuance):
a) The final site plan mylars must be endorsed and three(3) copies of the signed plans
must be delivered to the Planning Department.
b) A certified copy of the recorded decision must be submitted to the Planning
Department.
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 endorsedby the P Board.
Planning
I
b) All lighting 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
4
properties or streets. The Planning Office must approve any changes to the
approved lighting plan as submitted by the applicant.
7) Prior to the final release of security:
a) A final as-built plan showing final construction and location of the wireless
hardware shall be submitted to and reviewed by the Planning Staff.
8) Any stockpiling of materials(dirt,wood, construction material, etc.)must be shown
on a plan and reviewed and approved by the Planning Staff. Any approved piles must
remain covered at all times to minimize any dust problems that may occur with
adjacent properties. Any stockpiles to remain for longer than one week must be fenced
off and covered.
9) In an effort to reduce noise levels,the applicant shall keep in optimum working order,
through regular maintenance, any and all egmpment 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 two years from the
date permit granted unless substantial use or construction has commenced. Substantial
use or construction will be determined by a majority vote of the Planning Board.
17)The following waivers were granted in determining this decision:
5
a) Waiver of building setback provisions as described in Section 8.9(3)(c)(v)
Setbacks.
b) Waiver(s) to provide camouflaged for the added facilities as described in Section
8.9(4)(a).
c) Waiver to provide certification by a structural engineer that the wireless service
facility is structurally sound for the proposed project.
d) Waiver to provide lines representing the sight line showing viewpoint (point from
which view is taken) and visible point(point being viewed);
e) Waiver to provide the average height of the trees within the property or the
abutting properties.
f) Waiver to show all existing buildings on adjacent properties.
g) Waiver to provide distances (at grade) from the proposed facility to each existing
building.
h) Waiver to provide sight lines showing viewpoint and visible point.
i) Waiver to show any wetlands and subject property within 100' of the wetland.
D Waiver to provide site lines and photographs in accordance with Section
8.9(5)(d)(iv).
k) Waiver to show the colors of the proposed wireless service facility represented by
a color board showing actual colors presented.
1) Waiver to provide a landscaping plan.
m) Waiver to schedule a balloon test with the Planning Board at the proposed site.
n) Waiver(s) to provide noise-filing requirements as described in Section
8.9(5)(d)(vi).
o) Waiver to provide a letter from the Massachusetts Department of Public Health
approving the site.
p) Waiver to provide Federal Environmental Filing Requirements as described in
Section 8.9(5)(d)(viii).
q) Waiver to provide annual certification demonstrating continuing compliance with
the standards of the Federal Communications Commission, Federal Aviation
6
Administration and the American National Standards Institute shall be filed with
the SPGA by the Special Permit holder.
r) Waiver to post bond for the purpose of insuring that a final as-built plan shows the
location of all on-site structures and demonstrates that the site is constructed in
accordance with the approved plan. This waiver is granted due to the fact that the
antenna upgrades and addition of the dish are minor in nature and will be co-
located on a pre-existing structure used primarily for telecommunications.
18)The following information shall be deemed part of the decision:
Plan titled: Verizon Wireless
North Andover
Turnpike Street
North Andover, MA
Prepared for: Verizon Wireless
400 Friberg Parkway
Westborough,MA 01851
Prepared by : Dewberry-Goodkind, Inc.
31 St. James Avenue
Boston, MA 02116
Dated: Received by the Planning Department March 25, 2005
Sheets: T-1, P1-P9
Report: Application for Site Plan Special Permit by Bell Atlantic
Mobile of Massachusetts Corporation, Ltd., d/b/a Verizon
Wireless, March 10, 2005
Prepared for: Verizon Wireless
Prepared by: Robinson&Cole
One Boston Plaice
Boston, MA 02108
CC. Applicant
Engineer
DPW
Building Department
7
A
f NORtM�
° s"'° '• " Town of North Andover REFI'v' i3
Office of the Planning Department )uYCE BRADSHAW
Community Development and Services Divisi ,i-� K
i's J
��s�c►nt` f
400 Osgood Sheet
North Andover,Massachusetts 01845 J5J Y,AY 2 1 p 4: 0�
Lincoln Daley http://www.townofnord=dover.com
Town Planner
P(978)688-9535
F(978)688-9542
NOTICE OF DECISION
Any appeal shall be filed
within(20)days after the
date of filing this Notice
in the office of the Town
Clerk.
Application filed: March 14,2005
Date of first hearing: May 3, 2005
Date of Decision: May 17, 2005
Petition of Verizon Wireless
400 Fr berg Parkway, Westborough, MA 01581-3956
Premises Affected: 1275 Turnpike Street,North Andover,MA 01845
Referring to the above petition for Site Plan Special Permit in order to upgrade existing
telecommunications equipment by installing three (3) panel antennas and one (1) dish
antenna on the sides of the existing 85' tall concrete tower.
After a public hearing given on the above date, the Planning Board voted to APPROVE
the Site Plan Special Permit based upon the following conditions:
Signed•
Z/U
Lincoln Daley, Town Planner
Alberto Angles, Chairman
George White,Vice Chairman
cc: Applicant John Simons
Engineer Richard Nardella
Abutters James Phinney
DPW
Building Department
Conservation Department
Health Department
ZBA
BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535
1
Verizon Wireless—1275 Turnpike Street
Special Permit
The Planning Board herein approves the Special Permit to install three (3)panel antennas
and one (1) dish antenna(the"proposed addition")and associated cabling, utilities and
equipment on an existing tower structure in the Village Residential Zoning District. This
Special Permit was requested by Bell Atlantic Mobile of Massachusetts Corporation,Ltd.,
d/b/a Verizon Wireless,400 Friberg Parkway, Westborough, MA 01851. This application
and additional documentation as cited herein was filed with the Planning Board on March
14, 2005 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 Donald L. Haes, Jr., PhD., CHP, Radiation Safety Specialist
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.
Finally the Planning Board finds that this project generally complies with the Town of
North Andover Zoning Bylaw requirements as listed in Section 8.9 but requires conditions
in order to be fully in compliance. The Planning Board hereby grants an approval to the
applicant provided the following conditions are met:
SPECIAL CONDITIONS:
1) Discontinuance Abandonment
a) At such time that a licensed carrier plans to abandon or discontinue operation of
wireless service equipment, such carrier will notify the Town by certified US mail
of the proposed date of abandonment or discontinuation of operations. Such notice
shall be given no less 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
2
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, 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 Planning Board. 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 alien 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 Planning Board
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 Planning Board.
b) Funds, sufficient in the opinion of the Planning Board to cover annual maintenance
3
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.
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 and co-applicant or their successor in interest shall maintain the
wireless service equipment in good condition. Such maintenance shall include, but
shall not be limited to,painting, structural integrity of the equipment.
4) Prior to the 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.
b) The applicant shall provide the necessary escrow accounts and insurance as
required in the above sections.
5) Prior to FORM U verification(Building Permit Issuance):
a) The final site plan mylars must be endorsed and three(3)copies of the signed plans
must be delivered to the Planning Department.
b) A certified copy of the recorded decision must be submitted to the Planning
Department.
6) Prior to verification of the Certificate of Use and Occupancy:
a) The applicant must submit a letter from the architect or engitieer of the project stating
that the construction and operations substantially comply with the plans referenced at
the end of this decision as endorsed by the Planning Board
b) All lighting 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
4
properties or streets. The Planning Office must approve any changes to the
approved lighting plan as submitted by the applicant.
7) Prior to the final release of security:
a) A final as-built plan showing final construction and location of the wireless
hardware shall be submitted to and reviewed by the Planning Staff.
8) Any stockpiling of materials(dirt,wood,construction material,etc.)must be shown
on a plan and reviewed and approved by the Planning Staff. Any approved piles must
remain covered at all times to minimize any dust problems that may occur with
adjacent properties. Any stockpiles to remain for longer than one week must be fenced
off and covered.
9) In an effort to reduce noise levels,the applicant shall keep in optimum working order,
through regular maintenance, any and all equipment that shall emanate sounds from
the structures or site.
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.
i
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 two years from the
date permit granted unless substantial use or construction has commenced. Substantial
use or construction will be determined by a majority vote of the Planning Board.
17)The following waivers were granted in determining this decision:
5
a) Waiver of building setback provisions as described in Section 8.9(3)(c)(v)
Setbacks.
b) Waiver(s) to provide camouflaged for the added facilities as described in Section
8.9(4)(a).
c) Waiver to provide certification by a structural engineer that the wireless service
facility is structurally sound for the proposed project.
d) Waiver to provide lines representing the sight line showing viewpoint (point from
which view is taken)and visible point(point being viewed);
e) Waiver to provide the average height of the trees within the property or the
abutting properties.
fl Waiver to show all existing buildings on adjacent properties.
g) Waiver to provide distances (at grade) from the proposed facility to each existing
building.
h) Waiver to provide sight lines showing viewpoint and visible point.
i) Waiver to show any wetlands and subject property within 100' of the wetland.
j) Waiver to provide site lines and photographs in accordance with Section
8.9(5)(d)(iv)•
k) Waiver to show the colors of the proposed wireless service facility represented by
a color board showing actual colors presented.
1) Waiver to provide a landscaping plan.
m) Waiver to schedule a balloon test with the Planning Board at the proposed site.
n) Waiver(s) to provide noise-filing requirements as described in Section
8.9(5)(d)(w)•
o) Waiver to provide a letter from the Massachusetts Department of Public Health
approving the site.
p) Waiver to provide Federal Environmental Filing Requirements as described in
Section 8.9(5)(d)(viii).
q) Waiver to provide annual certification demonstrating continuing compliance with
the standards of the Federal Communications Commission, Federal Aviation
6
Administration and the American National Standards Institute shall be filed with
the SPGA by the Special Permit holder.
r) Waiver to post bond for the purpose of insuring that a final as-built plan shows the
location of all on-site structures and demonstrates that the site is constructed in
accordance with the approved plan. This waiver is granted due to the fact that the
antenna upgrades and addition of the dish are minor in nature and will be co-
located on a pre-existing structure used primarily for telecommunications.
18)The following information shall be deemed part of the decision:
Plan titled: Verizon Wireless
North Andover
Turnpike Street
North Andover, MA
Prepared for: Verizon Wireless
400 Friberg Parkway
Westborough, MA 01851
Prepared by : Dewberry-Goodkind, Inc.
31 St. James Avenue
Boston, MA 02116
Dated: Received by the Planning Department March 25, 2005
Sheets: T-1, P1-P9
Report: Application for Site Plan Special Permit by Bell Atlantic
Mobile of Massachusetts Corporation, Ltd., d/b/a Verizon
Wireless, March 10, 2005
Prepared for: Verizon Wireless
Prepared by: Robinson&Cole
One Boston Place
Boston, MA 02108
CC. Applicant
Engineer
DPW
Building Department
7
ROBINSON & COLE LLP MICHAEL S.GIAIMO
One Boston Place
Boston,MA 02108-4404
Main(617)557--5900
Fax(617)557-5999
mgiaimo@Tc..com
Direct(617)557-5959
March 10, 2005
By Hand Delivery
Joyce A. Bradshaw
Town Clerk
Town of North Andover
400 Osgood Street
North Andover, MA 01845
Re: Application to the North Andover Planning Board for Site Plan Special
Permit by Bell Atlantic Mobile of Massachusetts Corporation,Ltd. d/b/a
Verizon Wireless for Proposed Addition of Antennas to Existing Wireless
Services Facility Located at Five Boston Street(1275 Turnpike),
North Andover,MA
Dear Ms. Bradshaw:
Pursuant to G.L. c. 40A,§ 9, and Section 8.9 of the North Andover Zoning Bylaw,
Verizon Wireless hereby files an Application to the Planning Board for a Site Plan
Special Permit. This application is submitted with a full reservation of all of Verizon
Wireless' rights under federal, state and local law.
Enclosed, in accordance with the Planning Board's requirements,please find ten(10)
copies of the accompanying plans entitled"Verizon Wireless,North Andover,
Turnpike Street,North Andover,MA 01845,"prepared by Dewberry Goodkind,Inc.,
and dated 01/15/04, last revised 11/16/04, along with three(3)counterparts of the
following:
A. Application form;
B. Statement in Support of Application;
Law Offices
C. Authorization letter from the landowner;
BOSTON
HARTFORD D. North Andover zoning map showing location of the affected parcel;
NEW LONDON E. Map showing other preexistent and approved wireless service facilities
S T A M F O R D in North Andover and within one(1)mile of its boundaries;
GREENWICH
F. Photosimulations showing the proposed modification and comparing it
NEW YORK with the existing condition;
SARASOTA
www.rc.com
ROBINSON & COLELLP
North Andover Town Clerk
March 10,2005
Page 2
G. Equipment brochures for the:proposed modification's components;
H. Reports of Donk H.Haes,Ph.D.,regarding the radiofrequency
impacts of the existing facility and the proposed modification;
1. .Abutters list and two(2)complete sets of stamped,self-addressed
envelopes for all abutters and twenty-two(22)stamps for notification
of surrounding communities,-
J.
ommunities;J. Check for the application fee in the amount of$400.00;and
K. Check for the outside amaltairt fee in the amount of$2,000.00.
Please contact me as to the time and place of hearing and if any additional
information is required.
Kindly date stamp two(2)copies of this submittal and return them to Jeanne
Luchette,Who is filing this application—one for our files, and one so<that a can file
it with the planning Board.
Sincerely,
MichakS,Gianno
Enclosures
Copy to:
Planning Beard Town of North Andover
Ms.Amy White—Wellman Associates
Town of North Andover Plannina Board =
Please type or print clearly:
1. Petitioner: Bell Atlantic Mobile of Massachusetts Corporation, Ltd., d/b/a
Address: 40(1 Frihorg Parkway, WPgrbnr »gh_ MA n1R51 Verizon Wireless
Telephone Number: Contact;- Anthony Defeia. 508.330-3331
2. Owners of the Land:_Benjamin G. Farnum
t Address: 397 Farnum Street, North Andover, MA 01845
Telephone Number: 978.682.3817
Number of years ownership: King's Grant tote Farntim am y
If applicant is not the owner,please state interest in property: Lessee
3. Request for a Special Permit under Section 8.9(1)Nfthe North Andover
Zonin Byylaw to upgrade existing wire e� service facility by
installing three adUitional panel antennas and one sh
antenna on the sides of the existing concrete rower on the
Property. See Statement in Support of Application for Site
Plan Special Permit attached to this Application
4. Location of Property: Five Boston St;' (1275 Turnpike)
Zoning District: VR _ Village RPQiAPnri l
Assessors: Map: 167c Lot# 11-oo
Registry of Deeds: Book#: 1656 Page# 94 Essex Probate #350363)
5. Existing Lot:
Lot Area(Sq.Ft): 413,385± "Building Height: 85'+-(rooftop lattice tower
Street Frontage; N1A Side Setbacks: 1661+
extends to 140'
Font Setback: 375't Rear Setback: 251't
Floor Area Ration: 0.013 Lot Coverage: 5,296±SF
6. Proposed Lot(if applicable):
Lot Area(Sq.Ft.): Same Building Height: Same
Street Frontage: Same Side Setback: Same
Front Setback: Same Rear Setback: Same
Floor Area Ratio: Same Lot Coverage: Same
7. Required Lot(as required by Zoning Bylaw);
Lot Area(Sq.Ft.): 43,560 Building Height: 65'
Street Frontage: 35' Side Setback: 15
Front Setback: 25' Rear Setback: 30'
Floor Area Ratio: 0.75 Lot Coverage: N/A
8. Existing Building(if applicable):
Ground Floor(Sq.Ft.) 1,296t #of Floors 7
Total Sq.Ft.; 9,072t Height: 851+-(rooftop lattice tower
Use: Wireless service facility Type of Construction: Concrete extends to 140')
9. Proposed Building: Same
Ground Floor(Sq.Ft.) Same #of Floors
Total Sq.Ft.; Same Height: Same
Use: Same Type of Construction: N/A
10. Has there been a previous application for a Special Permit from the Planning
Board on these premises? Ves If so,when and for what type of
construction? Please see atement in Sunvort of Anvlication
for Site Plan S ecial Permit.
11. Petitioner and Landowner signature(s):
Every application fora Special Permit shall be made on this form which is
the official form of the Planning Board. Every application shall be filed with
the Town Clerk's Office. It shall be the responsibility of the petitioner to
furnish all supporting documentation with this application. The dated copy
of this application received by the Town Clerk or Planning Office does not
absolve the applicant from this responsibility. The petitioner shall be
responsible for all expenses for filing and legal notification. Failure to
comply with application requirements,as cited herein and in the Planning
Board Rules and Regulations may result in a dismissal by the Planning
Board of this application as incomplete.
Petitioner's Signature:
Bell Atlantic Mobile OMassae usetts Corporation, Ltd.
Print or type name here: d/b/a Verizon Wireless by its attorney
c ae is mo, sq. , o nson Cole LLP
One B on Place, 25th F1. , Boston, MA 02108
Owner's Signature: ' IL
'�
Print or type name Ze�: Be min G.. Farnum
f o a n
TOWN OF NORTH ANDOVER
STATEMENT IN SUPPORT OF APPLICATION FOR
SITE PLAN REVIEW SPECIAL PERMIT APPROVAL
APPLICANT: Bell Atlantic Mobile of Massachusetts Corporation,Ltd.,
d/b/a Verizon Wireless
PROPERTY: Five Boston Street(1275 Turnpike)
North Andover,MA 01845
Map 107C, Parcel 11-00
ZONING
DISTRICT: VR—Village Residential
DESCRIPTION OF APPLICANT,SITE,AND PROPOSED USE
The applicant,Bell Atlantic Mobile of Massachusetts Corporation, Ltd., d/b/a Verizon
Wireless ("Applicant"), is licensed by the Federal Communications Commission to provide
cellular mobile radiotelephone service within the market area that includes North Andover. The
existing wireless service facility on the property,which is located at Five Boston Street.(1275
Turnpike) (Map 107C, Parcel 11-00) in North Andover(the"Site"), is an 85-foot high, four sided
building, constructed out of concrete which has attached to it numerous antennas and other types
of communications equipment("the Tower"). The Tower was constructed as a radar antenna
support tower in or about 1957, and has been used continuously for wireless telecommunications
purposes by Verizon Wireless and its corporate predecessors, since at least 1984. Over the years,
other personal wireless service providers that compete with Verizon Wireless have also
established telecommunications facilities at the Site and on the Tower. At present all of the six
licensed personal wireless service providers operate communications equipment installed on the
Tower.
As shown on the plans submitted with this application(the"Addition Plans"), Verizon Wireless
proposes to upgrade its own existing antenna installation by installing three (3)panel antennas
and one (1) dish antenna(the "Proposed Addition") on the sides of the concrete structure. The
Proposed Addition will be a personal wireless services facility within the meaning of the federal
Telecommunications Act, 42 U.S.C. §332(c)(7)(C)(ii) and a wireless service facility under
Section 8.9(2)(z) of the North Andover Zoning Bylaw(the"Zoning Bylaw"). The purpose of the
Proposed Addition is to address capacity and peak hour coverage shortcomings in the existing
facility, and thereby improve the ability of Verizon Wireless to provide reliable modern
telecommunications services to people living, working and traveling within North Andover.
BACKGROUND TO THE APPLICATION
In 1998, the Town of North Andover at a Town meeting adopted an amendment to the
North Andover Zoning Bylaw to add Section 8.9 concerning wireless service facilities.
. g
In a petition it filed with the Zoning Board of Appeals on November 4, 2004, the hearing
on which has been opened and continued until at least May 8, 2005, Verizon Wireless has
stated the position that it does not require zoning relief under Section 8.9 for the Proposed
BOSTI-842090-5
03/09/05 3:42 PM
I
Addition of antennas to the Tower in connection with its preexisting wireless
communications use at the
Site.
Notwithstanding that view of the applicable law,Verizon Wireless has agreed to come
before the Planning Board for approval under Section 8.9 in an effort to facilitate its
Proposed Addition of antennas at this site without a prolonged and possibly unnecessary
dispute over the applicable zoning. It is clear that approval under Section 8.9, although
not required for the Proposed Addition,would be sufficient to allow Verizon Wireless to
proceed with the Proposed Addition. Indeed, one aspect of the appeal before the Zoning
Board of Appeals concerns the Building Department's denial of a building permit
application for the Proposed Addition on the grounds that an application under Section
8.9 was the appropriate vehicle for obtaining zoning approval for this installation. The
present application is accordingly submitted with a full reservation of all of Verizon
Wireless' rights under federal state and local law, including the right to contend that no
approval under Section 8.9 is required for the Proposed Addition, as well its right to
contest the application of any or all of Section 8.9 to the Proposed Addition or its existing
use.
SITE PLAN REVIEW SPECIAL PERMIT STANDARDS
Under Section 8.9(1)(a)of the Zoning Bylaw, an existing wireless service facility may be
modified upon obtaining a site plan review special permit from the Planning Board under the
provisions of Section 8.9, generally, and provided,pursuant to Section 8.9(3)(a)(iii), that the
modification to the wireless service facility complies with the special permit requirements of
Section 10.3 and all of the other applicable requirements set forth in the Zoning Bylaw. As will
be demonstrated at the hearing and through the submitted Application materials,the Proposed
Addition satisfies these requirements to the extent that they are applicable to the Applicant and
the Proposed Addition.
District Regulations-Section 8.9(3).As will be further explained at the hearing on this
Application, the Proposed Addition will enhance the ability of Verizon Wireless to serve its
customers located or traveling near the Proposed Addition. The availability of reliable wireless
communications service enhances community safety and is relied upon by civil defense and
other safety officers as well as the general public in times of crisis,natural disaster,traffic
accidents and similar circumstances. Reliable wireless communications service is counted on by
residents and businesses, including delivery services,plumbers,contractors,repair personnel, and
others who require portable communications because of the nature of their occupations. The
Proposed Addition,by providing improved service to residents and business people within, and
people traveling through North Andover, therefore promotes the health, safety,convenience and
general welfare of the inhabitants of the Town, as envisioned by Section 8.9(3)(a)of the Zoning
Bylaw. The Proposed Addition will also satisfy the co-locational standards of Section 8.9(3)(b)
of the Zoning Bylaw because the Proposed Addition will be installed on an existing structure that
already hosts numerous wireless service facilities.
Dimensional Requirements—Section 8.9(3)(c).As shown on the Addition Plans,the Proposed
Addition will satisfy the general height limitation of Sections 8.9(3)(c)(i) and(iii)because its
-2-
components will all be located no higher than the existing structure on the Site. In connection
with applicable setback requirements, the Proposed Addition complies with all of the
requirements of Section 8.9(3)(c)(v).
Design Standards—Section 8.9(4). The Proposed Addition is intended to improve the
performance of Verizon Wireless' existing wireless service facility at the Site. As shown on the
Addition Plans and the Photosimulations provided with the application, the Proposed Addition
will be consistent with and not detract from the appearance of the Site and the existing Verizon
Wireless facility at the Site. The Proposed Addition is in compliance with the design standards
set forth in Section 8.9(4)of the Zoning Bylaw, as follows:
Section 8.9(4)(a)—The Proposed Addition will not extend above the roof height of the
existing structure and will be consistent in appearance with the existing Verizon Wireless
facility, and the other wireless service facilities located on the concrete antenna support
structure at the Site. The Proposed Addition will consist of antennas consistent in
appearance with the existing Verizon Wireless antennas and given the nature of the
existing antenna support structure and the various communications equipment on that
structure, it would serve no purpose to require the few antennas proposed as part of the
Proposed Addition to be colored to match the existing structure or the sky and clouds as
required by Section 8.9 4 a iii . Accordingly, Verizon Wireless is requesting a waiver
pursuant to Section 8.9(5)(d)(ix) No additional equipment shelter is proposed for the
Proposed Addition.
Section 8.9(4)(b)—The Proposed Addition does not include lighting or signage.
Section 8.9(4)(c)—The concrete tower structure on the Site is not an historic structure.
Section 8.9(4)(d)—The Site is not located within three hundred(300)feet of a Scenic
Road and is already camouflaged from the nearest roads by a buffer of dense tree growth.
Section 8.9(4)(e)-The Proposed Addition will be in compliance with all of the
provisions of this section, except that Verizon Wireless is requesting a waiver pursuant to
Section 8.9(5)(d)(ix)of the requirement of submitting proof that the Proposed Addition
shall not generate noise in excess of 50 dB at ground level at the base of the building
closest to the antenna,which is the standard imposed by Section 8.9(4)(e)(v). Verizon
Wireless submits,however, that it is self-evident that the Proposed Addition, consisting
of antennas and cabling, will not contribute to any excess of noise.
Section 8.9(4)(f)—As set forth in the report of Dr.Donald L. Haes,Jr., included with the
Application, the Proposed Addition will be in compliance with all applicable federal
requirements for RF emissions. Given the nature of the Proposed Addition, Verizon
Wireless is requesting a waiver pursuant to Section 8.9(5)(d)(ix)of the structural engineer
certification requirement of Section 8.9(4)(f)(ii).
Application Procedures—Section 8.9(5). The Application for the Pro
posed with the application procedure requirements of Section 8.9(5), except that waivers pursuant totion
Section 8.9(5)(d)(ix) are requested, as follows:
_3-
Section 8.9(5)(d)(iii)(8)—Depiction on the Addition Plans of distances, at grade, from the
Proposed Addition to each building on the vicinity plan.
Section 8.9(5)(d)(iii)(12)-Depiction on the Addition Plans of sight lines showing
viewpoint and visible point.
Section 8.9(5)(d)(iii)(13)—Depiction on the Addition Plans of all wetlands on the subject
property and within one hundred(100)feet of the Proposed Addition as approved by the
Conservation Commission.
Section 8.9(5)(d)(iv)(1)—Sight line representations.
Section 8.9(5)(d)(iv)(4)—Siting elevations or views at-grade.
Section 8.9(5)(d)(v)(3)—Colors of the Proposed Addition represented by a color board.
Section 8.9(5)(d)(v)(6)—Landscape plan.
Section 8.9(5)(d)(v)(7)-Balloon or crane test.
Section 8.9(5)(d)(vi)(1)—Noise fling requirements.
Section 8.9(5)(d)(vii)(3)—Massachusetts Department of Public Health ("DPH")approval
letter. Verizon Wireless notes that DPH has not issued such letters with regard to any
wireless service facility since 2002.
Section 8.9(5)(d)(viii)—Federal environmental filing requirements.
Section 8.9(l 1)(c)—Annual certification regarding FCC, FAA and ANSI compliance.
Discussion of Requested Waivers—Section 8.9(5)(d)(ix). Verizon Wireless requests that the
Planning Board find, as required by Section 8.9(5)(d)(ix),that the information required in the
foregoing sections from which waivers are being sought by Verizon Wireless is not needed for a
thorough review of the Proposed Addition because the Proposed Addition represents a minor
modification to an existing wireless service facility which will in no way change the character or
environmental, aesthetic or other impacts of such existing facility.
Conditions for Approval of Special Permit—Section 10.31. The Proposed Addition meets the
conditions for approval of Special Permits generally as set forth in Section 10.31 of the Zoning
Bylaw. Specifically,the Proposed Addition will
■ be located at the Site,which presently enjoys significant use as a location for wireless
service facilities s and the Proposed Addition is accordingly in keeping with such use;
■ not affect the neighborhood or create a nuisance or hazard to vehicles or pedestrians
because it will be located on the Site,which, as described above, already is in use for
wireless communications purposes by Verizon Wireless as well as other
telecommunications providers;
-4-
■ not have any impact on the demand for facilities which must be provided for the Proposed
Addition because Verizon Wireless already.has sufficient utility capacity at the existing
wireless service facility to the handle the Proposed Addition; and
■ be in harmony with the general intent and purpose of the Zoning Bylaw with regard to
wireless service facilities because the Proposed Addition will be located on a Site which
is already extensively used for such facilities and therefore will not produce any of the
impacts which the Zoning Bylaw's provisions regarding wireless service facilities are
intended to prevent or minimize.
CONCLUSION
For all of the,foregoing reasons and based on this application and such additional
information as will be presented at the hearing, and, as described above,with full reservation of
its rights under local, state and federal law, Verizon Wireless respectfully requests that the
Planning Board approve the application of Verizon Wireless for a Site Plan Special Permit to
allow the construction and use of the Proposed Addition at the Site as shown on the Addition
Plans.
Respectfully Submitted,
Bell Atlantic Mobile of Massachusetts
Corporation,Ltd., d/b/a Verizon Wireless
By its attorney,
• -� c-a.Q-- `
Micha G. Giaimo,Esq.
Robinso &Cole LLP
One Boston Place, 25th Floor
Boston,MA 02108
p (617)557-5948
Dated: March l '2005
-5-
March 10, 2005
Town of North Andover
Planning Board
400 Osgood Street
North Andover, MA 01845
RE: Verizon Wireless
Proposed Antenna Addition
Boston Hill,North Andover, MA
Dear Members of the Board:
Please be advised that I am the owner of the property listed as Map 107C, Block
11, Parcel 210 in the Town of North Andover Assessor's records (the"Property"). The
address of the Property is Turnpike Street(aka Five Boston Street or 1275 Turnpike). I
am also the owner of the concrete communications building located on the Property.
Bell Atlantic Mobile of Massachusetts Corporation, Ltd., d/b/a Verizon Wireless,
and I have entered into or are in the process of entering into Agreement(s)to allow for
the installation of one(1)microwave dish as well as three(3)panel antennas to the
communications building located on the Property. Pursuant to the terms of these
Agreement(s), Verizon Wireless must obtain all federal, state and local governmental
approvals necessary prior to installation of their equipment. I hereby authorize Verizon
Wireless to apply for a Site Plan Review Special Permit from the Town of North
Andover with regard to the installation of the foregoing equipment.
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BOSTI-847617-1
Below is the most recent Zoning map, but due to scanning quality, it
may not be accurate. Please visit the Planning Department, located
at 27 Charles Street, for more accurate maps.
North Andover
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outside North Andover within one mile of its boundaries
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Refer to page 88 for Elliptical Waveguide ordering information
10.5-11.7GHz*
Antenna Inputs.All antenna VSWR values are specified with CPR and PDR flanges.Other optional flanges may result in a `
Pressurization.Feeds are pressurizable to 10 Ib1m2(70 kPa). ValuLine®Antennas.See page 127. y qual or sl�9 Y higher VSWR.Contact Andrew for details.
Regulatory Compliance Cross FJB VSWR
Type Diameter RPE U.S.FCC ETSI ETSI Gain,dill Beamwidth Pol. Ratio max.
Number ft(m) Number(s) 101 74 78 Class Gain Low Mid-Band Top Degrees Disc.,dB dB (R.L.,dB)
UHX Ultra High Performance Antennas-Dual Polarized
Antenna Inputs: P
p CPR90G and PDR100
UHX4-107 4(1.2) 2098 2097 A - - 3 2 40.0 40.4 40.8 1.6 33 70 1.08(28.3)
UHX6-107 6(1.8) 2141 2142 A - - 3 2 43.6 44.0 44.4 1.1 33 80 1.06(30.7)
UHX8-107 8(2.4) 2124 2125 A - - 3 2 46.0 46.5 46.8 0.8 33 80 1.06(30.7)
UHX10-107 10(3.0) 2127'2126A - - 3 2 47.6 48.0 48.3 0.7 33 82 1.06(30.7)
UHX12-107 12(3.7) 2128 2129 A - - 3 2 49.4 49.8 50.2 0.5 33 80 1.06(30.7) _
HSX 4 High Performance Antennas-Super High Cross Polarization Discrimination-Dual Polarized
Antenna Inputs:CPR90G and PDR100
HSX4-107 4(1.2) 2314 2312 A - - 2 2 39.8 40.2 40.6 1.6 40 64 1.10(26.4)
HSX6-107 6(1.8) 2316 2318 A - - 3 2 43.5 43.9 44.3 1.1 40 72 1.08(28.3)
HSX8-107 8(2.4) 2320 2322 A - - 2 2 46.0 46.5 46.8 0.8 40 75 1.06(30.7)
HSX10-107 10(3-0) 2340 2338 A - - 2 2 47.8 48.2 48.6 0.7 40 75 1.06(30.7)
HSX12-107 12(3.7) 2362 2364 A - - 3 2 49.2 49.6 50.3 0.5 40 80 1.06(30.7)
HPX High Performance Antennas-Dual Polarized
HP . Antenna Inputs:CPR90G and PDR100
HPX4-107 4(1.2) 2460 B - - 2 2 40.0 40.3 40.6 1.6 30 62 1.10(26.4)
HPX6-107 6(1.8) 3224 A - - 2 2 43.6 44.0 44.4 1.0 30 70 1.08(28.3)
HPX8-107 8(2.4) 3175 A - - 2 2 46.0 46.4 46.8 0.8 30 70 1.06(30.7)
HPX10-107 10(3.0) 3173 A - - 2 2 47.9 48.3 48.6 0.7 30 70 1.06(30.7)
HPX12-107 12(3.7) 3190 A - - 2 2 49.4 49.8 50.2 0.5 30 72 1.06(30.7)
High Performance Antennas-Single Polarized
Antenna Inputs:CPR90G and PDR100
HP4-107 4(l.2) 3429 A - - 2 2 40.0 40.4 40.8 1.6 30 61 1.08(28.3)
HP6-107 6(1.8) 3222 A - - 3 2 43.6 44.0 44.4 1.0 30 70 1.06(30.7)
HP8-107 8(2.4) 3174 A - - 3 2 46.0 46.4 46.8 0.8 30 71 1.06(30.7)
HP10-107 10(3.0) 3250 A - - 2 2 47.9 48.3 48.6 0.7 30 70 1.06(30.7)
HP12.107 12(3.7) 3188 A - - 2 2 49.4 49.8 50.2 0.5 30 70 1.06(30.7)
High Performance,Dual Beam Antennas-Dual Polarized Angle Diversity
HDIX '- Antenna Input:CPR90G
HDXB-107 8(2.4) 3791 3793 A - - 2 2 47.6 47.9 48.1 0.8 26 78 1.10(26.4)
3787 3789
HDX10-107 10(3.0) 4352 4353 A - - 2 2 47.6 47.9 48.1 0.8 22 78 1.10(26.4)
4354 4355
PAR Standard Antennas-Single Polarized
Antenna Inputs:CPR90G and PDR100
PAR6107" 6(1.8) 3743 A - - 1 2 43.2 43.6 44.0 1.1 30 60 1.06(30.7)
PAR8-107" 8(2.4) 3745 A - - 1 2 45.8 46.2 46.6 0.8 30 63 1.06(30.7)
PXL Standard Antennas-Dual Polarized Low VSWR
PL Antenna Inputs:CPR90G and PDR100
PX1.6-107 6(1.8) 3183 B - - - - 43.6 44.0 44.4 1.0 30 49 1.08(28.3)
PXL8-107 8(2.4) 3185 B - - - - 46.0 46.4 46.8 0.8 30 50 1.06(30.7)
PX1.10-107 10(3.0) 3187 8 - - - - 47.9 48.3 48.6 0.7 30 52 1.06(30.7)
PXL12-107 12(3.7) 3199 B - - - - 49.4 49.8 50.2 0.5 30 53 1.06(30.7)
Standard Antennas-Single Polarized Low VSWR
Antenna Inputs:CPR90G and PDR100
P1.4-107 4(1-2) 3214 B - - - - 40.1 40.5 40.9 1.6 30 46 1.08(28.3)
PL5-107 6(1.8) 3101 B - - 1 2 43.6 44.0 44.4 1.0 30 51 1.06(30.7)
PLS-107 8(2.4) 3249 @ - - 1 2 46.0 46.4 46.8 0.8 30 53 1.06(30.7)
PL1
0 107 1 _ _
0(3.0} 3200 B -. -
47.8 48.2 48.5 0.7 30 54 1.06(30.7)
PL12-107 12(3.7) 3116 B - - 1 2 49.4 49.8 50.2 0.5 30 60 1.06(30.7)
Reference ETSI Document EN300833 for 3 to 60 GHz
Multiband antennas are available for this frequency band.See pages 93-94. "Uses focal plane reflector and feed system
• U.K.0800-250055 • Australia 1800-803 219 • New Zealand 0800-441-747 Visit us at:www.andrew.com AXDREW.
Revised 5101
4 and 6 ft Shielded Antennas
A
Top View
B
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Side View
K Attachment Pant
for Adjusting Side Strut
L (6 ft Antennas)and
Optional Side Strut E F Azimuth Adjustment
(4 ft Antennas) Assembly(4 ft only)
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Bolt Circle
Diameter
J
Dimensions in Inches(mm)
Anterma
Size,ft(m) A B C D E F G H
4(1.2) 52.4(1330) 23.1 (585) 3.5(90) 7.75(195) 19.6(500) 6.9(175) 2.25(55) 26.5(675)
6(1.8) 76.5(1945) 35.25(895) 3.75(95) 13.25(335) 19.6(500) 6.9(175) 2.25(55) 26.5(675)
1 J K L M N - 0
4(1.2) 30.6(780) 6.4(160) - 11.62(295) 29(735) 21.5(545) 19.25(490)
6(1.8) 30.6(780) 6.4(160) 84.75(2155) 11.62(295) 29(735) 21.5(545) 19.25(490)
U.K.0800-250055 • Australia 1800-803 219 • New Zealand 0800-441-747 Visit us at:www.andrew.com 010MUREW.
DEC/BEV 932DG90VT&M 1850-1990 MHz
Base Station Antennas 16 dBi,t 45'Diversity Panel Antenna GEN3XPOLTM
1850-1990 MHz VARI-TILT®
• Field adjustable electrical beamtilting for quick,effective optimization wio expensive change outs
• Linear phase shifter design assures reliable, repeatable adjustments
• No screws, rivets,welds or solder in critical element feed circuit
• Ideal for concealment sites
0 0
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330 30
3300 60
27000 270 00
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270 #�
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120 6o
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Horizontal 1950 MHz(Tilt=4)
ELECTRICAL MECHANICAL
Frequency(MHz): 1850-1990 Weight: 11 lbs(5 kg)
Polarization: +45'/-45' Dimensions(LxWxD): 51.5 X 7 X 3.5 in
Gain(dBd/dBi): 13.9/16 (1308 X 178 X 89 mm)
Azimuth BW: 90° Max.Wind Area: 0.86 ft2(0.08 m2)
Elevation BW: 6,5• Max.Wind Load(G 100mph): 50lbf(222 N)
Beam Tilt: 1-8• Max.Wind Speed: 125 mph(201 knWb)
USLS"(dB): ,75 Radiator Material: Aluminum
Front-to-Back Ratio'(dB): P8 Reflector Material: Aluminum
Isolation(dB): ,30 Radome Material: Polycarbonate,UV Resistant
VSWR: <1.4:1 Mounting Hardware Material: Galvanized Steel
IM Suppression -Two 20 Watt Carriers: -145 dBc Connector Type: 7-16 DIN-Female(Bottom)
Impedance: 50 Ohms Color: Light Gray
Max Input Power: 250 Watts Standard Mounting Hardware: DB390 Pipe Mount Kit,included
Lightning Protection: DC Ground Downtilt Mounting Hardware: DB5098,optional
Opt Electrical Tilt: Fixed 0'2.4' Opt.Mounting Hardware: D85094-AZ Azknuth Bracket
/dd Andrew Corporation Fax:214.631.4706 Date:4/2/2004
8635 Stemmons Freeway Toll Free Tel:1.800.676.5342 Indicates Typical Values
NDIRSK
Dallas, .631..0310U.S.A 75247-3701 www androw.com�
dhtPrh an rFw rom
806-896 MHz
DECIBEr 854DO90VTESX
MaxGain TM
Base Station Antem 10.9 dBd.145*Diversity Panel Antenna
8D6-896 MHz GEN3XPOLTM
VARI-TILT®
• Field adjustable electrical downtilt,featuring linear phase shifter,no wheels or gears
• Air dielectric feed system,no screws,rivets,welds or solder in RIF element feed path
• Ideal for site applications requiring lower profile installation
*31* M3027090
2400n'v
180 '
Azimuth 860 MHz(Tilt--5) � =�`
4 3
270
240 300 .,„,� "kAIZ TI
J
21
330 r 9
180 0
160 30
120 60
90
Vertical 860 MHz(Tilt=5)
ELECTRICAL MECHANICAL
Frequency(MHz): 806-896 Weight: 18.5 Itis(8.4 kg)
Polarization: a45•/-45• 48.5 X 13.5 X 8 in
Gain(dBd/dBi): 10.9/13 Dimensions(LxWxD): (1232 x 343 X 203 mm)
Azimuth BW: 90. Max.Wind Area: 205111'(0.19m')
Elevation BW: 16• Max.Wind Load(G 100mph): 114 ibf(507 N)
Beam Tilt: 0-10• Max.Wind Speed: 150 mph(241 kmlh)
USLS'(de): ,16 Radiator Material: Aluminum
Front-to-Back Ratio'(da): 25 Reflector Material: Aluminum
Isolation(da): >30 Radome Material: ABS,W Resistant
VSWR: <1.4:1 Mounting Hardware Material: Galvanized Steel
IM Suppression-Two 20 Watt Carriers: -145 dBc Connector Type: 7-16 DIN-Female(Bottom)
Impedance: 50 Ohm Color. Light Gray
Max Input Power: 500 watts Standard Mounting Hardware: DWW Pipe Mount)(it,Included
Lightning Protection: DC Ground Downti@ Mounting Hardware: DB5083,optional
,Opt,Mounting Hardware: DB5084-AZ Azimuth wall Mount
Andrew Corporation Fax:214.631.4706 Date:4/19V2004
00 WW Stemmons Freeway Toll Free Tel:1.800.676.5342 '-Indicates Typical Values
IVDRff 1b TeL las214.6310310 Texas A 76247-3701 wwwa8drew.com OB
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Donald L. Haes, Jr,, A.D., CHP
Radiation Safety Specialist
427 Amherst Street,Unit#11
Nashua,NH 03063
Voice: 603-883-6129 Fax:603-883-6134 Email:donald.haes.chp@verizon.net
November 12,2004
Re: Proposed installation of a terrestrial radio antenna on an existing tower at 1370 Turnpike
Street in North Andover,MA at the request of Verizon Wireless.
PURPOSE
I have reviewed the information pertinent to the proposed installation at the above location.
In order to determine regulatory compliance, theoretical calculations of maximal radio-frequency
(RF) fields have been prepared. The physical conditions are that a six foot (diameter) terrestrial
radio(highly directional)antenna is proposed to be mounted on the existing tower at a height of 80
feet above ground level [AGL]. The calculated values of power density are presented as a percent
of current Maximum Permissible Exposures [%oMPE] as adopted by the Federal Communications
Commission [FCC] ''2, and those established by the Massachusetts Department of Public Health
[MDPH] 3 (With 100% signifying an acceptable amount).
SUMMARY
The theoretical RF field calculations indicate a maximal potential increase above ambient
RF levels at six feet above ground level of about 60 billionths of a watt per square centimeter
(0.00000006 W/cm2). This corresponds to more than 16,000 times below the current State and
Federal limits of RF exposure from the transmitting antenna. This means there could be more than
16,000 additional similar installations, and still be below all regulatory limits for RF exposure.
Based on my extensive experience with personal wireless services facilities,and the RF fields
I have calculated, it is my expert opinion that the proposed terrestrial radio installation would
comply with regulatory guidelines for RF exposure to the extent not contrary to federal and state law.
Note: The analyses,conclusions and professional opinions are based upon the precise parameters and conditions of
this particular site; 1370 Turnpike Street in North Andover, MA. Utilization of these professional analyses,
conclusions and opinions for any personal wireless services installation, existing or proposed, other than the
aforementioned have not be sanctioned by the author,and therefore should not be accepted as evidence of regulatory
compliance.
RF EXPOSURE LIMITS AND GUIDELINES
Currently there are many RF exposure guidelines throughout the world. The RF exposure
limits adopted by the FCC are a combination of the standards published by the American National
Standards Institute (ANSI)4 and the National Council on Radiation Protection and Measurement
(NCRP)5. Also published are those released by the Massachusetts Department of Public Health
[MDPH] 3.
At frequencies licensed to personal wireless services providers by the FCC,the values of the
aforementioned standards are analogous. The RF exposure limits are divided into two categories:
"Controlled / Occupational areas" (those areas restricted to access by RF workers only) and
"Uncontrolled/Public Areas" (those areas unrestricted for public access).
Listed in Table I below are the applicable RF exposure limits for uncontrolled areas as they
pertain to the operating frequency bands of the personal wireless services facility industry:
Table 1: Maximum Permissible Exposures in Uncontrolled/Public Areas
For Emissions from Personal Wireless Services Facilities
Frequency Bands Maximum Permissible Exposures
300- 1500 MHz f/1.5 in µW/cm'
1500- 100,000 MHz 1000 µW/cm2
Note: 1 mW= 1000 µW= 0.001 W
For equivalent plane-wave power density, where f is the frequency in MHz.
Page-2-
THEORETICAL RF FIELD CALCULATIONS - GROUND LEVELS
These calculations are based on what are called"worst-case"estimates. That is,the estimates
assume 100% use of all transmitters simultaneously. Additionally, the calculations make the
assumption that the transmitters are directed along the same azimuth,and that the surrounding area
is a flat plain. The resultant values are thus conservative in that they over predict actual resultant
power densities. '
The calculations are based on the following information:
1. Effective Radiated Power[ERP].
2. Antenna height (lowest, centerline, above ground level [AGL]).
3. Antenna vertical radiation patterns;the source of the negative gain[G]values. "Directional"
antennas are designed to focus the RF signal,resulting in"patterns"of signal loss and gain.
Antenna vertical radiation patterns display the loss of signal strength relative to the direction
of propagation due to elevation angle changes. The gain is expressed as"G E,,.
Note: G is a unitless factor usually expressed in decibels [dB]; where G= 10 (dwl0>
For example: for G= 3, dB = 10""0> =2; for G= -3, dB = 101-3110) = 0.5.
To determine the magnitude of the RF field, the power density [S] from an isotropic RF
source is calculated, making use of the power density formula: '
S = P ' G Where: P -► Power to antenna(watts)
4 11 R2 G —► Gain of antenna
R--►Distance(range)from antenna source to point of
intersection with the ground (feet)
R =(Height)z + (Horizontal distance)z
Since P • G = EIRP (Effective Isotropic Radiated Power)for broadcast antennas,the equation
can be presented in the following form:
S = EIRP
4 n R2
In the situation of off-axis power density calculations,apply the negative elevation gain[G E]value
from the vertical radiation patterns with the following formula:
S = EIRP • GE
47rR2
Page-3-
Ground reflections may add in phase with the direct wave, and essentially double the
electric field intensity. Because power density is proportional to the square of the electric field,the
power density may quadruple, that is, increased by a factor of four(4).
Since ERP is routinely used, it is necessary to convert ERP into EIRP; this is readily done
by multiplying the ERP by the factor of 1.64,which is the gain of a half-wave dipole relative to an
isotropic radiator. Therefore, downrange power density estimates can be calculated by using the
formula:
S = 4 • [ERP • 1.641• G E = ERP • 1.64 • G' = 0.522 • ERP • G'
4 Ir R2 n R2 R2
The theoretical power density calculations are listed in Table II for each three degree
increment of depression angle(90°being straight down at the base of the tower,and 0°being straight
out from the antenna). The values have been calculated for a height of six feet above ground level
in accordance with regulatory rational. The theoretical power density calculations for the proposed
installation are depicted in Figure 1 plotted against linear distance from the base of the tower. In
addition to the six foot height,and depicted for reference only,values have been plotted for a height
of 16 feet above ground level for comparison with a typical two-story structure.
To calculate the%MPE, use is made of the formula:
MPE= S 100
MPE
The theoretical percent Maximum Permissible Exposure calculations for the personal
wireless services facility are also listed in Table II for the same angle and height conditions.
The theoretical percent Maximum Permissible Exposure calculations for the proposed
installation are similarly depicted in Figure 2. However, a logarithmic scale is used to plot the
calculated theoretical%MPE values in order to compare with the MPE of 100%,which is so much
larger that it would be off the page in a linear plot.
From a purely isotopic RF source,the%MPE curve would demonstrate a straight line on the
log-linear plot; as shown at distances beyond about one thousand. Within about one thousand feet
the curve is variable due to the application of the vertical radiation patterns.
Page-4-
Table II: Theoretical RF Field Calculations for Proposed
Verizon Wireless Terrestrial Radio Contribution
1370 Turnpike Street in North Andover, MA
ERP = 65.4 dBm(6935 Watts,maximum) @ f- 11 GHz
Andrew UHX6-107, Height= 80 feet [AGL, centerline]
General Population MPE= 1,000 [LW/CM2 >1,500 MHz)
Depression Power Density Percent
Angle Gain Distance [R] (µW/cm2) MPE
(degrees) dB feet 6'A G L 6'A G L
-90 -73 0 <0.0001 < 0.0001%
-87 -73 4 < 0.0001 < 0.0001%
-84 -73 8 < 0.0001 < 0.0001%
-81 -72 12 <0.0001 < 0.0001%
-78 -70 16 0.0001 < 0.0001%
-75 -70 20 0.0001 < 0.0001%
-72 -70 24 0.0001 < 0.0001%
-69 -65 28 0.0002 < 0.0001%
-66 -65 33 0.0002 < 0.0001%
-63 -58 38 0.0009 0.0001%
-60 -58 43 0.0008 0.0001%
-57 -57 48 0.0010 0.0001%
-54 -57 54 0.0009 0.0001%
-51 -56 60 0.0011 0.0001%
-48 -56 67 0.0010 0.0001%
-45 -55 74 0.0011 0.0001%
-42 -55 82 0.0010 0.0001%
-39 -54 91 0.0011 0.0001%
-36 -54 102 0.0010 0.0001%
-33 -52 114 0.0013 0.0001%
-30 -50 128 0.0018 0.0002%
-27 -47 145 0.0029 0.0003%
-24 -45 166 0.0037 0.0004%
-21 -43 193 0.0046 0.0005%
-18 -40 228 0.0068 0.0007%
-15 -40 276 0.0048 0.0005%
-12 -40 348 0.0031 0.0003%
-9 -32 467 0.0110 0.0011%
-6 -27 704 0.0155 0.0016%
-3 -12 1412 0.0616 0.0062%
0 0 00 0 0%
Page-5-
Figure 1: Cumulative Theoretical Maximum Power Density -vs. - Distance
0.250 -
161 AGL 6' AGL
• 0.200
ra
a�
A
3
064 0.150
e �
0.100 --
0.050 -
0.000E .
.1000.0500.000
0 5000 10000 15000 20000
Distance from Base (feet)
Page-6-
Figure 2: Cumulative Theoretical Maximum Percent MPE -vs. -Distance
100.00000%
16'AGL 6'AGL NWE
10.00000%
W 1.00000% —
a
v 0.10000%
a�
a
0.01000%
co
0.00100%
0.00010% -
0.00001%
0 5000 10000 15000 20000
Distance from Base(feet)
Page-7-
CONCLUSION
The theoretical RF field calculations indicate a maximal potential increase above ambient
RF levels at six feet above ground level of about 60 billionths of a watt per square centimeter
(0.00000006 Wlcm2). This corresponds to more than 16,000 times below the current State and
Federal limits of RF exposure from the transmitting antenna. This means there could be more than
16,000 additional similar installations, and still be below all regulatory limits for RF exposure.
The number and duration ofcalls passing through personal wireless services facilities cannot
be accurately predicted. Thus,in order to estimate the highest RF fields possible from operation of
these installations, the maximal amount of usage was considered. Even in this so-called "worst-
case,"the resultant increase in RF field levels are far below established levels considered safe.
Based on my extensive experience with personal wireless services facilities, and the RF
fields I have calculated, it is my expert opinion that the proposed personal wireless services
installation would comply with regulatory guidelines for RF exposure to the extent not contrary to
State and Federal law.
Feel free to contact me if you have any questions.
Sineexely,
Donald L. Ha s, Jr, Ph.D.
Certified Health Physicist
Note:The analyses,conclusions and professional opinions are based upon the precise parameters and conditions of this
particular site; 1370 Turnpike Street in North Andover,MA. Utilization of these professional analyses,conclusions
and opinions for any
personal wireless services u
nstallatio >existin or proposed,other
than the aforementioned have
not be sanctioned by the author,and therefore should not be accepted as evidence of regulatory compliance.
Page-8-
Donald L. Haes, Jr., A.D., CHP
Radiation Safety Specialist
427 Amherst Street,Unit#11
Nashua,NH 03063
Voice: 603-883-6129_ Fax:603-883-6134 Email: donald.haes.chp@verizon.net
STATEMENT OF CERTIFICATION
1. I certify to the best of my knowledge and belief,the statements of fact contained in this report
are true and correct.
2. The reported analyses, opinions, and conclusions are limited only by the reported
assumptions and limiting conditions, and are personal, unbiased professional analyses,
opinions and conclusions.
3. 1 have no present or prospective interest in the property that is the subject of this report and
I have no personal interest or bias with respect to the parties involved.
4. My compensation is not contingent upon the reporting of a predetermined energy level or
direction in energy level that favors the cause of the client, the amount of energy level
estimate, the attainment of a stipulated result, or the occurrence of a subsequent event.
5. This assignment was not based on a requested minimum environmental energy level or
specific power density.
6. My compensation is not contingent on an action or event resulting from the analyses,
opinions, or conclusions in, or the use of, this report.
7. The consultant has accepted this assessment assignment having the knowledge and
experience necessary to complete the assignment competently.
8. My analyses,opinions, and conclusions were developed and this report has been prepared,
in conformity with the American Board of Health Physics[ABHP] statement of standards
of professional responsibility for Certified Health Physicist.
November 12.2004
Donald L. Haes, J ., Ph.D. Date
Certified Health Physicist
Page-9-
ENDNOTES
1 . Federal Register, Federal Communications Commission Rules;Radiofrequency radiation;
environmental effects evaluation guidelines Volume 1,No. 153, 41006-41199, August 7, 1996.
[47 CFR Part 1; Federal Communications Commission].
2 . Telecommunications Act of 1996,47 USC; Second Session of the 104LCongress of the
United States of America, January 3, 1996.
3 . 105 CMR 122.000: Massachusetts Department of Public Health,Non-Ionizing Radiation
Limits for: The General Public from Non-Occupational Exposure to Electromagnetic Fields,
Employees from Occupational Exposure to Electromagnetic Fields, and Exposure from
Microwave Ovens.
4 . ANSI/IEEE C95.1-1999: American National Standard, Safety levels with respect to human
exposure to radiofrequency electromagnetic fields,from 3 KHz to 300 GHz.
5 . National Council on Radiation Protection and Measurements(NCRP);Biological Effects
and Exposure Criteria for Radiofrequency Electromagnetic Fields,NCRP Report 86, 1986.
6 . Petersen RC and Testagrossa PA: Radio-Frequency Electromagnetic Fields Associated With
Cellular-Radio Cell-Site Antennas. Bioelectromagnetics, 13: 527-542; 1992.
7 . OET Bulletin 65: Federal Communications Commission Office of Engineering and
Technology, Evaluating Compliance with FCC Guidelines for Human Exposure to
Radiofrequency Electromagnetic Fields; Edition 97-01, August 1999.
Page-10-
Donald L. Haes, A, A.D., CHP
Radiation Safety Specialist
Voice: 603 883-6129 Fax:603-883-6134 Email:haes@tems.com
May 31, 2002
Re: RF Field measurements in the general vicinity of the cement communications building
located on Boston Hill in North Andover,MA at the request of Verizon Wireless.
PURPOSE
In order to determine regulatory compliance,broadband measurements have been obtained
at locations in the general vicinity of the cement communications building located on Boston Hill
in North Andover,MA. The measured values of power density are presented as a percent of current
Maximum Permissible Exposures[%MPE]as adoptedby the Federal Communications Commission
[FCC] ''2,and those established by the Massachusetts Department of Public Health[MDPH]3 (With
100% signifying an acceptable amount).
SUMMARY
The broadband measurements of existing ambient RF fields at locations in the general
vicinity of the site indicate the peak(maximum)field to be less than four percent of the regulatory
limits for RF exposure to members of the public. This means there could be over 25 additional
similar installations, and still be below all regulatory limits for RF exposure.
Based on my extensive experience with personal wireless services facilities,and the RF fields
I have measured, it is my expert opinion that the proposed personal wireless services installation
complies with regulatory guidelines for RF exposure.
427 Amherst Street,Unit#11
Nashua,NH 03063
RF EXPOSURE LIMITS AND GUIDELINES
Currently there are many RF exposure guidelines throughout the world. The RF exposure
limits adopted by the FCC are a combination of the standards published by the American National
Standards Institute (ANSI)4 and the National Council on Radiation Protection and Measurement
(NCRP)5. Also applicable are those published by the Massachusetts Department of Public Health
[MDPH].
At frequencies licensed to personal wireless services providers by the FCC,the values of the
aforementioned standards are analogous. The RF exposure limits are divided into two categories:
"Controlled areas"(those areas restricted to access by RF workers only)and "Uncontrolled Areas"
(those areas unrestricted for public access).
Listed in Table I below are the applicable RF exposure limits for uncontrolled areas as they
pertain to the operating frequency bands of the personal wireless services facility industry.
Table I: Maximum Permissible Exposures in Uncontrolled Areas
For Emissions from Personal Wireless Services Facilities
Frequency Bands Maximum Permissible Exposures `
300 - 1500 MHz f/1.5 in µW/cm2
1500- 100,000 MHz 1000 µW/cm2
Note: 1 mW= 1000 µW=0.001 W
`For equivalent plane-wave power density, where f is the frequency in MHz.
427 Amherst Street,Unit#11
Nashua,NH 03063
Page-2-
MEASUREMENT PROTOCOL
RF field measurements were obtained on May 15, 2002, using accepted scientific
procedures.',' The skies were mostly sunny,with a temperature of 47T. The measuring equipment
included a Narda model 8715 Electromagnetic Radiation Meter with model B8742D Broadband
Isotropic Probe. The probe of choice in a mixed-frequency environment is the broadband type-that
is, it responds to a wide range of frequencies.
The Narda model B8742D probe provides a meter read-out in %MPE (percent FCC 1997
Maximum Permissible Exposure) for members of the general public within the frequency band
of 300 kHz to 3 GHz (NOTE: 1 kHz = 1,000 cycles per second,l MHz = 1,000,000 cycles per
second, and 1 GHz = 1,000,000,000 cycles per second). Measurements were obtained by
continuously scanning an area from the ground plane up to a height of six feet above ground level,
referred to as the"Spatial Average". The spatial average readings at each location were recorded
as %MPE. In addition, the highest reading during the spatial average was recorded as the"peak"
reading. The results are listed in Table II, with locations depicted in Figure 1.
The accuracy of the measurement system is a combination of the following' : instrument
accuracy, f 1.0%; calibration uncertainty, +0.5 dB (1.122), - 0.5 dB (0.891); and probe isotropy
error, + 0.75 dB (1.189), - 0.75 dB (0.841). A conservative approach is to obtain the root-sum-
square(RSS) of the three factors as follows:
► If the meter reads high, RSS= [(0.01)2+(0.122)2+(0.189)2]',or 22.5%higher than true
value; the correction factor is 1/1+RSS =0.816.
► If the meter reads low,RSS=[(0.01)2+(1-0.891)2+(1-0.841)2]',or 19.3 %lower than true
value; the correction factor is I/1-RSS = 1.24.
For this RF exposure analysis, the readings were multiplied by 1.24 to be conservative.
The NARDA Microwave Corporation,435 Moreland Road,Hauppauge,NY, 11788.
427 Amherst Street,Unit#11
Nashua,NH 03063
Page-3-
RESULTS
Table II: Results of Broadband RF Field Measurements
Locations in the General Vicinity of the Cement Communications Building
Boston Hill in North Andover,MA
Spatial Average Reading Peak Meter Reading
Location,
See Figure 1 Observed Corrected Observed Corrected
(% MPE) t (%MPE) + (%MPE) t (%MPE) +
1 0.12 0.15 0.13 0.16
2 0.12 0.15 0.13 0.16
3 0.11 0.14 0.15 0.19
4 0.11 0.14 0.14 0.17
5 0.10 0.12 0.11 0.14
6 0.18 0.22 0.24 0.30
7 1.40 1.74 1.50 1.86
8 2.70 3.35 3.00 3.72
9 3.00 3.72 3.10 3.84
10 2.70 3.35 3.20 3.97
11 0.11 0.14 0.15 0.19
12 0.10 0.12 0.11 0.14
13 0.12 0.15 0.14 0.17
14 0.11 0.14 0.11 0.14
15 0.12 0.15 0.13 0.16
Table Notes:
t Observed meter readings in percent FCC Maximum Permissible Exposure [MPE]
for the general public.
+ Readings multiplied by 1.24 to correct for instrument uncertainty.
427 Amherst Street,Unit#11
Nashua,NH 03063
Page-4-
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,.. .. d .. '� > ..»,.»....w-.. • ";,y' '\ .... .., '�" :`I ,r' «., "'` t � ��, �rte• r��r ^-,
Figure 1: Map of RF Field Measurements
427 Amherst Street,Unit#11
Nashua,NH 03063
Page-5-
CONCLUSION
The broadband measurements of existing ambient RF fields at locations in the general
vicinity of the site indicate the peak(maximum)field to be less than four percent of the regulatory
limits for RF exposure to members of the public. This means there could be over 25 additional
similar installations, and still be below all regulatory limits for RF exposure.
Based on my extensive experience with personal wireless services facilities,and the RF fields
I have measured, it is my expert opinion that the proposed personal wireless services installation
complies with regulatory guidelines for RF exposure.
Feel free to contact me if you have any questions.
ely,
onald es, Jr, D.
Certifie Health.Physicist
427 Amherst Street,Unit#11
Nashua,NH 03063
Page-6-
Donald L. Haes, Jr., A.D., CHP
Radiation Safety Specialist
Voice: (603)883-6129 Fax:(603)883-6134 Email:haes@tems.com
STATEMENT OF CERTIFICATION
1. I certify to the best of my knowledge and belief,the statements of fact contained in this report
are true and correct.
2. The reported analyses, opinions, and conclusions are limited only by the reported
assumptions and limiting conditions, and are personal, unbiased professional analyses,
opinions and conclusions.
3. I have no present or prospective interest in the property that is the subject of this report and
I have no personal interest or bias with respect to the parties involved.
4. My compensation is not contingent upon the reporting of a predetermined energy level or
direction in energy level that favors the cause of the client, the amount of energy level
estimate, the attainment of a stipulated result, or the occurrence of a subsequent event.
5. This assignment was not based on a requested minimum environmental energy level or
specific power density.
6. My compensation is not contingent on an action or even resulting from the analyses,
opinions, or conclusions in,or the use of,this report.
7. The consultant has accepted this assessment assignment having the knowledge and
experience necessary to complete the assignment competently.
8. My analyses,opinions, and conclusions were developed and this report has been prepared,
in conformity with the American Board of Health Physics [ABHP] statement of standards
of professional responsibility for Certified Health Physicist.
May 31, 2002
Donald L. Haes, Jr., Ph.D. Date
Certified Health Physicist
427 Amherst Street,Unit#11
Nashua,NH 03063 Page-7-
ENDNOTES
1. Federal Register, Federal Communications Commission Rules;Radiofrequency radiation;
environmental effects evaluation guidelines Volume 1,No. 153, 41006-41199,August 7, 1996.
[47 CFR Part 1; Federal Communications Commission].
2 . Telecommunications Act of 1996, 47 USC; Second Session of the 104!'Congress of the
United States of America,January 3, 1996.
3 . 105 CMR 122.000: Massachusetts Department of Public Health,Non Ionizing Radiation
Limits for: The General Public from Non-Occupational Exposure to Electromagnetic Fields,
Employees from Occupational Exposure to Electromagnetic Fields, and Exposure from
Microwave Ovens.
4 . ANSUIEEE C95.1-1999: American National Standard, Safety levels with respect to human
exposure to radio frequency electromagnetic fields,from 3 KHz to 300 GHz.
5 . National Council on Radiation Protection and Measurements (NCRP);Biological Effects
and Exposure Criteria for Radiofrequency Electromagnetic Fields,NCRP Report 86, 1986.
6 . ANSUIEEE C95.3-1999: American National Standard,Recommended Practice for the
Measurement of Potential Electromagnetic Fields-RF and Microwave.
7. NCRP Report No. 119: National Council on Radiation Protection and Measurements, 1993;
A Practical Guide to the Determination of Human Exposure to Radiofrequency Fields.
427 Amherst Street,Unit#11
Nashua,NH 03063 Page-8-
Abutter to Abutter( x j Building Dept ( ) Conservation
( ) Zoning ( )
Town of North Andover
Abutters Listing
RE UIREMENT: MGL 40A,section 11 states in
Part"Parties in Interest as used in this chapter shall mean the petitioner,
abutters,owners of land directly oppositeon any public or private way,and abutters to abutters within
three hundred(300)feet of the property line of the petitioner as they appear on the most recent applicable
tax list,not withstanding that the land of any such owner is located in another city or town,the planning
board of the city or town,and the planning board of every abutting city or town.-
Subiect Property:
MAP PARCEL Name
107.0 11 Farnum,John C. Address
0 Turnpike Street North Andover,MA 01845
Abutters Proernes 426 Famum Street
Man Parce! Name
107.A 149 Address
Boston Hill Development,LLC 100 Andover-By-Pass#300
107.A 40 John Farnum, y North Andover,MA 01.845
107.A 42 JohnFarnum 426 Farnum Street North Andover,MA 01845
107.A 249 .
John Farnum 426 Farnum Street North Andover,MA 01845
107.A 250 John Farnum 426 Farnum Street
North Andover,MA 01$45
107.A 252
426 Farnum Street North Andover,MA 01845
107:A 253
John Farnum 426 Farnum Street John FarnumNorth Andover,MA 01845 I
107.A 254 426 Farnum Street John Farnum North Andover,MA 01845
• 107.A 255 426 Farnum Street
John Farnum North Andover,MA 01845
426 Farnum Street North Andover,MA 01845
107.0 13 Trustees of Reservation
107.0 68 527 Essex Street John Farnum Beverly,MA 01845 .
426 Farnum Street
North Andover,MA 01845
107.D 35 Boston Hilt Road Trust
107.13 36Boston}-till Road Trust 68 Boston Hill Road North Andover;MA 0,1845
107'13 37 Trustees of Reservation 76 Boston Hill Road North Andover,MA 01845
107.D 38 Trustees of Reservation 572 Essex Street Beverly,MA 01915
10TD 39 Trustees of Reservation 572 Essex Street Beverly,MA 01915
572 Essex Street Beverly,MA 01915
Page 1 of 1
This certifies that the names appearing on the
records of the sessors Office as of
� l PPd3
Certified by: Date' �� S
SSACHUSEal
TTS
"
y
s
01100 ,
t�
f_WN OF NORTH A,140
a
VAJ
la
G t
03/11/05 14:25 FAX W002
ROBINSON &. COLE LLP y MicxaBt,S.GMMO
One Boston Place
Boston,MA 02109 4404
Main(07)557-5900
Fox(617)557-5994
Direct(617)557-5959
March 10,2005
,By.Tefempnker 07&Eft 9542)
North Andover Planning Board
400 Osgood Street
North Andover,MA•0I 845
Attention: Secretary
Re: Application to.the Nord,Andover Planning Board nor Site Pian Spial
Permit by Bell Atlantic Mobile-of Massachusetts Corporation,Ltd.d/b/a
Verizon Wireless for Proposed Addition af.Ant=nas to:Exisdng•W1rekss
Services Facility Located at Five Boston Street(1275 Turnpike),
North Andover,MA
Dear Madame Secretary:
This letter will serve to confirm that the public hearing for referenced application,
which was filed-with the North Andover TownCle&and with the Planning Board
yesterday,March 1.0,2005,will be held on May 3,2005.Thank you.
4Sinocrc calor
Lara offleei -
13OtTON
HAEYPORO
NEW LONDON
STAMFORD
GlE►.N�tCH
NEW YORK
SARASOTA
www.rr_rofn BOSTI-647393-2
14 A),1
310 CMR 10.99
Form Z
OEP File Na.
(TO be orovioeti Dy DEP)
- North Andover
' Commonwealth City town
of Massachusetts Aooficant StoneHill Environmental
.._—
Cate Reauest Reo 2/19/9
_- 1275 Turnpike Street (Boston Hill)
POSITIVE Determination of Applicability
Massachusetts Wetlands Protection Act, G.L. c. 131 , §40
From NORTH ANDOVER CONSERVATION COMMISSION Issuing Authority
To StoneHill Environmental Boston Hill Development. LLC
(Name of person making request) (Name of property owner)
600 State Street Suite 2 1049 Turnpike Street
Address Portsmouth, N.H. 03801 - Address
This determination is issued and delivered as follows:
Q by hand delivery to person making request on (date)
�7 by certified mai(:return receipt requested on 3/19/98 (date)
Pursuant to the authority of G.L c. 131, §40, the North Andover Conservation Commission
has considered your request for a Determination of Applicability and its supporting documentation, and has
made the following determination (check whichever is applicable):
Location: Street Address 1275 Turnpike Street
Lot Number.
1. The area described below, which includes ail/part of the area described in your request, is an
Area Subject to Protection Under the Act. Therefore, any removing, filling, dredging or
altering of that area requires the filing of a Notice of Intent.
Plan entitled "Boston Hill Ski Area" prepared by Marchionda & Assoc. dated Rev
3/13/98, wetland flags lA through 39A; 1F through 6F; lE through 5E; 1B through
12B only. Wetland series 1D through 6D and 1C through 7C and are non-jurisdictional.
Z, 7 The work described below, which includes alllpart of the work described in your request, is within
an Area Subject to Protection Under the Act and will remove, fill, dredge or alter that area.There-
tore, said work requires the filing of a.Natice of Intent- -
r
Effective 11J110/89
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3, y The work described below, which Includes all:part of the work described In vour request. is within
the Buffer Zone as defined.to the regulations, ar,d will alter an Area Subject to Protection Under
the Act.Therefore, said work requires the filing of a Notice of Intent
This Determination is negative:
1. ❑ The area described in your request is not an Area Subject to Protection Under the Act.
'2. ❑ The work described in your request is within an Area Subject to Protection Under the Act, but will
not remove, fill, dredge, or after that area.Therefore, said work does not require the filing of a
Notice of Intent.
3. ❑ The work described in your request is within the Buffer Zone. as defined in the regulations. but will
not alter an Area Subject to Protection Under the Act. Therefore, said work does not require the
filing of a Notice of Intent.
4. G The area described in your request is Subject to Protection Under the Act. but since the work
described therein meets the requirements for the following exemption.as specified in the Act and
the regulations, no Notice of Intent is required-
issued by ANDOVER Conservation Commission
Signature(s) '
7117
This Determination must be signed by a majority of the Conservation Commission.
On this 18th day of March 1 998 , before me
personally appeared Joseph W. Lynch, Jr. , to me known to be the
person described in, and who executed, the foregoing instrument. and acknowledged that he:she executed
the same as his/her tree 4ct qnd deed.
December 11, 2003
Notary Public My corrimisston'excires
Tnts Determination does not relieve the aoollcant from comolyrno with all other acohczcie leaeral.state or local statutes. ordinances.
oy-Laws or reguiauons.Tnls Determination snail toe valid for inree years form the aate m issuance
The apohcant.the owner,any person aggrieved by this Determination,any owner of land abuhtng the fano upon wnlca the proposed work
is to 9e clone.or any ten resicents of the city or town to wnlcn such land is located,are nereoy ncutied of tnelr rtcni to reaves;the Decartment
of Environmental Protection to Issue a Su Derseolno Determination of Apolrcaoihty,providing the request is made dv CeRllieC man or nand
delivery to the Department.with the appropriate fihno lee and Fee Transmnal Form as provided in 310 CMR 10.030 witnln len nays from
I"date o1 issuance of this Determination.A=oy of the reduest shall at the same time be&ant by centhed mail or nano owivery to the
Ccinservation commission and the=Ilcant.
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