HomeMy WebLinkAbout2011-09-20 Planning Board Supplemental Materials (9)
Special Permit Renewal & Modification
723 Osgood Street, AT&T
Town of North Andover
Office of the Planning Department
Community Development and Services Division
1600 Osgood Street
North Andover, Massachusetts 01845
NOTICE OF DECISION
Any appeal shall be filed
within (20) days after the
date of filing this notice in
the office of the Town Clerk.
Date: September 20, 2011
Date of Hearings: September 6, 2011,
September 20, 2011
Date of Decision: September 20, 2011
Application of: New Cingular Wireless PCS, LLC (“AT&T”)
Premises Affected: 723 Osgood Street (Stevens Estate)
Map 35 Parcel 23
Referring to the above petition for a renewal and modification of a Wireless Special Permit, in
accordance with the requirements of the North Andover Zoning Bylaw, Sections 8.9 Wireless
Service Facilities and Section 2.65 Special Permit Granting Authority, in order to renew said
Special Permit and to allow for installation on its Wireless Services Facility three (3) Long Term
Evolution (LTE) antennas as replacements for three (3) existing GSM antennas. The petition also
includes removal and installation of related and ancillary cabling and equipment.
So as to allow the renewal of a Special Permit to continue operation of 3 wireless service antennas
with associated coaxial cabling and other related equipment on an existing wireless service tower
located at 723 Osgood Street (a/k/a Stevens Estate) and a 10 ft. X 20 ft. equipment shelter for
ancillary equipment. The applicant is also asking for a Modification of the Special Permit to
replace three (3) GSM antennas with three (3) LTE antennas and related equipment at the same
location. The Special Permit was originally granted by the North Andover Planning Board on
November 14, 2001, renewed October 4, 2007, and most recently renewed on September 7, 2010.
This petition seeks the modification of the Special Permit to accomplish the antenna swap as
above-noted and for the Special Permit to extend for a three (3) year period.
nd
, the Planning Board
Upon a motionby R. Glover and a 2 by T. Seibert hereby APPROVES
Wireless Special Permit,
the renewal and modification of a including the replacement of three
existing antennas with three LTE antennas and related equipment on an existing structure by a
vote of 5 in favor and 0 against.
___________
___________
On behalf of the North Andover Planning Board
John Simons, Chairman
Timothy Seibert
Michael Colantoni
Richard Rowen
Rickey Glover
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Special Permit Renewal & Modification
723 Osgood Street, AT&T
The Planning Board herein approves the renewal and modification of the Special Permit
to continue operation of the Wireless Facility, which consists of 3 antennas on an existing
wireless service tower located at 723 Osgood Street. (a/k/a Stevens Estate) and a 10 ft. X 20
ft. equipment shelter for ancillary equipment and replace three (3) GSM antennas with three
(3) LTE (Long Term Evolution) antennas, plus ancillary equipment at the same location.
The renewal of the Special Permit was requested by Susan Roberts, Esq., Agent for
New
. This applications and additional documentation as
Cingular Wireless PCS, LLC (“AT&T”)
cited herein were filed with the Planning Board on August 12, 2011, with subsequent
submittals on file. The applicant submitted a complete application which was noticed and
reviewed in accordance with Sections 8.3, 10.3, and 10.3.1 of the Town of North
Andover Zoning Bylaw and MGL c.40A, Sec. 9.
The Planning Board finds that the applicant has met the following requirements as
required by the North Andover Zoning Bylaw Section 8.9:
FINDINGS OF FACT:
1.The renewal and modification application meets the filing requirements of the
Wireless Service Facilities By-law Section 8.9.12. The applicant has
demonstrated that the existing wireless facility, with the addition of the LTE
antennas is in compliance with FCC regulations regarding Maximum Permissible
Exposure (MPE) limits, as indicated by the report provided by the applicant dated
June 7, 2011 authored by SAI Communications. The conclusion stated in the
reports is that the applicant’s Wireless Facility installation contributes a maximum
RF exposure of less than four-tenths of one percent of the current State and
Federal permissible exposure guidelines. The Telecommunications Act of 1996
prohibits this Board from taking health effects of RF transmissions into account
beyond FCC requirements.
2.The town’s consultant has reviewed the RF Reports and has found that the
applicant has shown a clear gap in LTE coverage without the activation of the
proposed LTE antennas. He notes that AT&T seeks to deploy the LTE spectrum
to enable advanced broadband capability at data speeds competitive with
cable/wireline services. He also concludes that the location and distance of
neighboring sites rule out their use to cover this LTE coverage gap.
3.The applicant has also demonstrated that the site is in compliance with the Noise
Standards as set forth in section 8.9.8(b).
4.The applicant has provided a structural report, dated August 2, 2011 and authored
by Vertical Solutions, Inc., that demonstrates that the existing structure does have
the capacity for installation of the three new LTE antennas.
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Special Permit Renewal & Modification
723 Osgood Street, AT&T
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 with exception but
requires conditions in order to be fully in compliance. The Planning Board hereby grants
an approval to the applicant providedthe 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 abandonmentor discontinuation of operations. Such
notice shall be given no less than 30 days prior to abandonment or discontinuation
of operations. In the event that a licensed carrier fails to give such notice, the
wireless service equipment shall be considered abandoned upon discontinuation
of operations.
b)Upon abandonment or discontinuation of use, the carrier shall physically remove
the wireless service equipment placed on the site by the carrier within 90 days
from the date of abandonment or discontinuation of use. “Physically remove"
shall include, but not be limited to:
i)Removal of antennas, mount, equipment shelters and security barriers
installed by the carrier (unless the same will continue to be used by the owner)
from the subject property.
ii)Proper disposal of the waste materials generated by the carrier fromthe site in
accordance with local and state solid waste disposal regulations.
iii)Restoring the location of the wireless service facility in its condition before
the installation, except that any landscaping and grading shall remain the
after-condition.
c)The equipment shall be deemed to be abandoned or discontinued if it has not been
used for the purpose for which it was originally constructed for a period of six (6)
months or more. Once abandonment or discontinuance has occurred, the carrier
shall remove the equipment from the subject property within ninety days.
2)
Waivers:
The installation will be constructed according to the Plans, with the following waivers
granted by the Town of North Andover Planning Board, according to the provisions
of the Town of North Zoning Bylaw. These waivers are hereby granted in
consideration of the installation as a pre-existent installation and a co-location:
Section 8.9.5.d Application Filing Requirements, ii) Location Filing Requirements
sections (3), (4), and (5), iii) Siting Filing Requirements sections (3), (4), (9), (10),
and (12), iv) Sight lines and photographs as described below: sections (1), (2), (3),
(4), (4a), (4b),(4c), (4d), and (4e), v) Design Filing Requirements sections (4), (6),
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Special Permit Renewal & Modification
723 Osgood Street, AT&T
and (7).
3)Upgrades:
Pursuant to Section 8.9.7 of the Town of North Andover Bylaws, any upgrades to the
equipment to be installed on the tower would require a new structural report to be
submitted to the Planning Board for review.
4)Annual Certification:
a)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)Term of Special Permit:
a)Pursuant to Section 8.9.12.a of the Town of North Andover Zoning Bylaw, a
three (3)
SpecialPermit issued for this wireless service facility shall be valid for
years from the date of the decision for the Special Permit renewal and
modification. The special permit may be renewed under the same criteria as the
original special permit, as modified herein, provided that the application for
renewal of the special permit is made prior to the expiration dateof 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)Pursuant to Section 8.9.8.a of the Town of North Andover Zoning Bylaw, the
applicant shall submit to the SPGA at annual intervals from the date of the
decision for the Special Permit renewal, preexistent and current RFE
measurements. Such measurements shall be signed and certified by an RF
engineer, stating that RFE measurements are accurate and are in compliance or
why the measurements fail to comply with all applicable FCC Guidelines as
specified in Section 8.9(5)(d)(vii) RFE Filing Requirements of this Bylaw. The
measurements shall be submitted for both the applicant and all co-locators. If the
applicant fails to comply with this requirement, the Special Permit will be
revoked, until such time that the installation is brought into compliance with FCC
Guidelines.
c)Pursuant to Section 8.9.8.b of the Town of North Andover Zoning Bylaw, the
applicant shall submit to the SPGA at annual intervals from the date of decision of
the Special Permit renewal, preexistent and current measurements of acoustic
noise from the wireless service facility. Such measurements shall be certified
and signed by an acoustical engineer, stating that noise measurements are accurate
.
and meet the Noise Standards sub-section 8.9.(5)(d)(vi) of this BylawThe
applicant shall forward to a separate consulting engineer, selected by the Town,
the above materials for review. The applicant shall pay for such review.
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Special Permit Renewal & Modification
723 Osgood Street, AT&T
d)
The applicant and co-applicant or their successor in interest shall maintain the
wireless service equipment in good condition. Such maintenance shall include,
but shall not be limited to, painting and structural integrity of the antennas.
6)Prior to the endorsement of the plans by the Planning Board, the applicant must
comply with the following conditions:
five thousand dollars5,000)
a)A bond in the amount of ($ shall be posted for
the purpose of insuring that the applicant will file with the Planning Staff a
final as-built plan showing the location of all on-site structures. The bond is
also in place to insure that the site is constructed in accordance with the
approved plan. This bond shall be in the form of a check made out to the
Town of North Andover. This check will then be deposited into an interest
bearing bond account.
b)The applicant shall provide the necessary certification as required in the above
sections 3a.
7)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.
8)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.
9)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.
10)
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.
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Special Permit Renewal & Modification
723 Osgood Street, AT&T
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)
The following information shall be deemed part of the decision:
Application Titled
a): Request for Modification of Special Permit
New Cingular Wireless PCS, LLC (“AT&T”) c/o Susan M.
Roberts, Esq.
Anderson & Kreiger LLP
One Canal Park Suite 200
Cambridge, MA 02141
Prepared for
: New Cingular Wireless PCS, LLC (“AT&T”)
b)Documentation Submitted:
1Town of North Andover Planning Board Application for Special Permit-
Modification;
2 Site Plans for Proposed Modification of Facility, prepared by Atlantis
Group, dated May 31, 2011, including Sheet T-1, GN-1, A-1, A-2, A-3,
and G-1;
3Report of Radio Frequency Engineer Kevin Breuer, dated June 2, 2011
with coverage maps;
4Photographs of 2011 Existing Facility and Photo simulations of Proposed
Facility;
5FCC Licenses Applicable to Facility;
6LTE Antenna and Related Equipment Specifications;
7Maximum Permissible Exposure Study, prepared by SAI
Communications, dated June 7, 2011;
8Table of Compliance with Town of North Andover Wireless Services
Facilities Bylaw, Section 8.9;
9Acoustic Noise Study for Facility, prepared by Noise Control Engineering,
Inc., dated June 20,2011, including modification by the addition of
antennas as shown in proposed Site Plans;
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Special Permit Renewal & Modification
723 Osgood Street, AT&T
10Letter of Authorization from TowerCo Assets LLC
11Table of Requested Waivers;
12Certified Abutters’ List; and
13Insurance Certificate;
14Structural Analysis dated, August 2, 2011, Prepared by Vertical Solutions,
Inc.;
15Review Report, dated September 5, 2011, Prepared by Mark F. Hutchins.
Cc: Applicant
Abutters
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