HomeMy WebLinkAbout2011-11-01 Planning Board Supplemental Materials (8)
Special Permit – Wireless Renewal and Modification
203 Turnpike St, Metro PCS
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: November 1, 2011
Date of Hearings: October 18, 2011,
November 1, 2011
Date of Decision: November 1, 2011
Application of: Metro PCS Massachusetts, LLC
Premises Affected: 203 Turnpike St. (a/k/a 451 Andover St.)
Map 24 Parcel 28
Referring to the above petition for the renewal and modification of a Wireless Service Facility
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 modify the existing wireless services facility positioned on the roof of a building located
at 203 Turnpike St. Modification consists of replacing 3 existing antennas with three (3) Long
Term Evolution (LTE) antennas, the installation of RHH antennas (Radio Head Antennas) plus
related and ancillary equipment located in the equipment room on the roof of the building.
So as to allow the issuance of a Special Permit to continue operation of six (6) wireless service
antennas and to swap 3 existing antennas with three (3) LTE (Long Term Evolution) antennas, with
associated coaxial cabling and other related equipment on an existing wireless service tower located
at 203 Turnpike St (a/k/a 451 Andover Street). The Planning Board approved the Special Permit for
the operation of 6 antennas on September 17, 2008.
nd
, the Planning Board
Upon a motionby X and a 2 by X hereby APPROVES the issuance of a
Wireless Service Facilities Special PermitModify
and to the pre-existing wireless service
,
facility including the addition of three (3) LTE antennas and related equipment on an existing
structure by a vote of X in favor and 0 against.
___________
___________
On behalf of the North Andover Planning Board
John Simons, Chairman
Timothy Seibert
Michael Colantoni
Rickey Glover
Richard Rowen
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Special Permit – Wireless Renewal and Modification
203 Turnpike St, Metro PCS
The Planning Board herein approves the Special Permit to continue operation of six (6) wireless
service antennas and to swap 3 existing antennas with three (3) LTE (Long Term Evolution)
antennas, with associated coaxial cabling and other related equipment at an existing wireless service
location at 203 Turnpike St (a/k/a 451 Andover Street.) The Special Permit was requested by
William McQuade., Agent for Metro PCS, LLC. This application and additional documentation
as cited herein were filed with the Planning Board on September 14, 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 Special Permit 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 replacement of 3 existing antennas with 3 LTE
antennas is in compliance with FCC regulations regarding Maximum Permissible
Exposure (MPE) limits, as indicated by the report provided by the applicant dated
September 8, 2011, authored by David C. Cotton, Jr., Registered Professional
Engineer, Electrical for Sitesafe, RF compliance experts. The conclusion stated in
the reports is that the applicant’s Wireless Facility installation contributes a
maximum RF exposure of less than 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 Metro PCS 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 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 March 17, 2011 and authored
by Brenden E. Alexander, P. E, as Project Engineer for Dewberry-Goodkind,Inc.
that demonstrates that the existing office building has the structural capacity to
support the installation of the new equipment.
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
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Special Permit – Wireless Renewal and Modification
203 Turnpike St, Metro PCS
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
section (5), iii) Site lines and photographs as described below: sections (1), (2), (3),
(4), (4a), (4b), (4c), (4d), and (4e), v) Design Filing Requirements sections (4), (6),
and (7).
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Special Permit – Wireless Renewal and Modification
203 Turnpike St, Metro PCS
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. 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.
d) The applicant and co-applicant or their successor in interest shall maintain the
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Special Permit – Wireless Renewal and Modification
203 Turnpike St, Metro PCS
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.
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.
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Special Permit – Wireless Renewal and Modification
203 Turnpike St, Metro PCS
12)
The following information shall be deemed part of the decision:
Application Titled
a): Application for Special Permit
Metro PCS, LLC (“Metro PCS”) BOS0309_A
rd
285 Billerica Road, 3 Floor
Chelmsford, MA 01824
Prepared for
: Metro PCS, LLC (“Metro PCS”) BOS0209_A
b)Documentation Submitted:
1Town of North Andover Planning Board Application for Special Permit;
2Antenna specifications prepared by Kathrein, Scala Division;
3Site Compliance Report dated September 7, 2011 prepared by Sitesafe,
200 North Glebe Rd., Suite 100, Arlington, VA22203;
4Noise Study, dated September 13, 2011, prepared by Michael Bahtiatian
of Noise Control Engineering, Inc.;
5Structural Report dated March 17, 2011, prepared by Brendon E.
Alexander, P. E. of Dewberry-Goodkind, Inc.;
6Roof Plan and Equipment Plan dated May 17, 2011, prepared by
Dewberry-Goodkind, Inc. Pages A-1, A-2, S-1, M-1, P-1,
7Notice of Decision, dated September 17, 2008, for a Wireless Special
Permit for Metro PCS Massachusetts, LLC
8Certified Abutters’ List;
9Review Report, dated September 30, 2011, Prepared by Mark F. Hutchins.
10BOS0209A Existing Coverage with Surrounding Sites map
Cc: Applicant
Abutters
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