Loading...
HomeMy WebLinkAboutMiscellaneous - 1267 OSGOOD STREET 4/30/2018 (2) _ J 1267 OSGOOD STREET / 210!034.0-0012-0000.0 w � Town of North Andover ORTH Office of the Planning Department Community Development and. Services Division William J. Scott, Division Director 27 Charles Street SACHUS� Heidi Griffin North Andover,Massachusetts 01845 Telephone(978)688-9535 Planning Director Fax(978)688-9542 NOTICE OF DECISION Any appeal shall be filed Within(20)days after the CD o m N rn Date of filing this Notice � m�v In the Office of the Town y Clerk o CD Date:November 17,2000 Date of Hearing:May 16,2000,June 27,2000 August 1,2000 September 5,2000 and November 14,2000 Petition of: AT&T Wireless PCS LLC d/b/a AT&T Wireless Services 400 Blue Hill Drive,Suite 100,Westwood,MA 02090 Premises affected: 1267 Osgood Street Referring to the above petition for a Special Permit with Site Plan Approval. The application was noticed and reviewed in accordance with Sections 8.3,8.9,10.3,and 10.3.1 of the Town of North Andover Zoning Bylaw and MGL cA0A,sec.9. So as to allow: The construction of an 80'tall telecommunications wireless service facility in the Residential 2 Zoning District After a public hearing given on the above date,the Planning Board voted to APPROVE the Special Permit with Site Plan Approval, based upon the following conditions: Signed ,i/� Alison Lescarbeau, Chairman CC: Applicant Engineer John Simons,Vice Chairman Alberto Angles,Clerk Richard Nardella Richard Rowen William Cunningham BOARD OF APPEII.S 688-9541 BUILDING 688-9545 CONSERV:VHON 688-9530 HEALTH 688-9540 PLANINTING 688-9535 1267 Osgood Street—Barker Farm—AT&T Wireless Services Facility Special Permit with Site Plan Approval The Planning Board herein approves the Special Permit with Site Plan Approval to construct an 80' tall telecommunications wireless service facility in the Residential 2 Zoning District. This Special Permit and Site Plan Approval were requested by AT&T Wireless PCS LLC by and through its agent AT&T Wireless Services, Inc. d/b/a AT&T Wireless Services, 400 Blue Hill Drive, Suite 100, Westwood, MA 02090. This application and additional documentation as cited herein was filed with the Planning Board on April 6, 2000 with subsequent submittals on file. The applicant submitted a complete application which was noticed and reviewed in accordance with Sections 8.3, 8.9, 10.3, and 10.3.1 of the Town of North Andover Zoning Bylaw and MGL c.40A, Sec. 9. The Planning Board makes the following findings as required by the North Andover Zoning Bylaw Section 8.9: FINDINGS OF FACT: 1. The specific site is an appropriate location for the project as the site is extremely large, topographically higher than the surrounding area, and contains a variety of farm structures, fields and agricultural improvements (such as the house, the barn, and the agricultural fields and related areas) with which the proposed American Flagpole- style facility will blend for an aesthetic and understated wireless communication installation. 2. The use as developed will not adversely affect the neighborhood as indicated by the submittals and reports referenced at the end of this decision in Condition#19. 3. The use will not result in any nuisance or serious hazard to vehicles or pedestrians. 4. The carrier has demonstrated. that the facility is necessary in order to provide adequate service to the public as indicated by the submittals and reports referenced at the end of this decision in Condition#19. 5. The plans meet the requirements of the Wireless Service Facilities By-law Section 8.9, with the exception of the waivers granted hereby and listed in Condition#18. 6. Adequate and appropriate facilities will be provided for the proper operation of the proposed use. The proposed flagpole, antennas cables and equipment area are described in detail on the plans and reports referenced herein. The proposed equipment shelter will be an unoccupied, unmanned, specialized area for the wireless communications equipment. 7. The Board finds that because this particular flagpole-style installation constitutes a camouflaged facility under Sections 8.9.2.d, 8.9.3.b.2, 8.9.3.c.i, 8.9.4.a.ii and 8.9.4.d.ii, the requirements for dense tree growth to screen views under Sections 8.9.3.c.ii, 8.9.4.a.ii and 8.9.4.d.ii do not apply. i Finally the Planning Board finds that the project is in harmony with the general purpose and intent of the Town of North Andover Zoning Bylaw and generally complies with the requirements of the Bylaw as listed in Sections 8.3, 8.9 and 10.3, but requires conditions in order to be fully in compliance. The Planning Board hereby grants this Special Permit with Site Plan 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 operations. b) Upon abandonment or discontinuation of use, the carrier shall physically remove the wireless service equipment placed on the site by the carrier within 90 days from the date of abandonment or discontinuation of use. `Physically remove" shall include, but not be limited to: i) Removal of antennas, mount, equipment shelters and security barriers installed by the carrier (unless the same will continue to be used by the owner) from the subject property. ii) Proper disposal of the waste materials generated by the carrier from the site in accordance with local and state solid waste disposal regulations. iii) Restoring the location of the wireless service facility in its natural condition, except that any landscaping and grading shall remain the after-condition. c) As a condition of any special permit for the placement, construction or modification of a wireless service equipment at the site, the carrier shall place into escrow a sum of money to cover the costs of removing the facility from the subject property. Said amount shall be certified by an engineer, architect or other qualified professional registered to practice in the Commonwealth of Massachusetts. Said funds shall be held by an independent escrow agent to be appointed by the carrier and the SPGA. The carrier shall authorize and, as necessary, shall obtain the authorization of the owner of the property to allow the escrow agent to enter upon the subject property to remove the facility when the facility has been abandoned or discontinued. In the event the posted amount does not cover the cost of demolition and/or removal the Town may place a lien upon the property covering the difference in cost. d) The equipment shall be deemed to be abandoned or discontinued if it has not been used for the purpose for which it was originally constructed for a period of six (6) months or more. Once abandonment or discontinuance has occurred, the carrier shall remove the equipment placed by the carrier from the subject property within ninety days. In the event that the carrier fails to remove the equipment, the town shall give notice to the carrier and the independent escrow agent that the equipment shall be removed by the escrow agent forthwith and the escrow agent, after affording written notice seven days in advance to the carrier, shall remove the facility. 2) Performance Guarantees a) Insurance in a reasonable amount determined and approved by the SPGA after consultation at the expense of the applicant with one (1) or more insurance companies shall be in force to cover damage from the equipment on the structure, damage from transmissions and other site liabilities. Annual proof of said insurance must be filed with the SPGA. b) Funds, sufficient in the opinion of the SPGA to cover annual maintenance of the equipment on the facility, shall be placed into escrow and shall be held by the independent escrow agent who shall be authorized to expend the funds for the maintenance of the equipment on the facility on terms to be agreed upon by the carrier and the SPGA as a condition of approval of the special permit. c) Annual certification demonstrating continuing compliance with the standards of the Federal Communications Commission, Federal Aviation Administration and the American National Standards Institute shall be filed with the SPGA by the Special Permit holder. 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) After the equipment on the facility is in operation, the applicant shall submit to the SPGA, within 90 days of beginning operations and at annual intervals from the date of issuance of the Special Permit, preexistent and current RFR measurements. Such measurements shall be signed and certified by an RF engineer, stating that RFR measurements are accurate and are in compliance or why the measurements fail to comply with all applicable FCC Guidelines as specified in Section 8.9(4)(c)(1) RFR Filing Requirements of this Bylaw. The measurements shall be submitted for both the applicant and all co-locators. i C) After the wireless service facility is in operation the applicant shall submit to the SPGA; within 90 days of the issuance of the Special Permit, and at annual intervals from the date of issuance of the Special Permit, preexistent and current measurements of acoustic noise from the wireless service facility. Such measurements shall be certified and signed by an acoustical engineer, stating that noise measurements are accurate and meet the Noise Standards sub-section 6.13.14.5 of this Bylaw. The applicant shall forward to a separate consulting engineer, selected by the Town, the above materials for review. The applicant shall pay for such review. d) The applicant and co-applicant or their successor in interest shall maintain the wireless service equipment in good condition. Such maintenance shall include, but shall not be limited to, painting, structural integrity of the flagpole and maintenance of the buffer and landscaping. 4. Prior to the endorsement of the plans by the Planning Board, the applicant must comply with the following conditions: a) The applicant shall provide a map indicating the intended locations for testing as required above. b) A bond in the amount of$5,000 shall be posted for the purpose of insuring that a final as-built plan showing the location of all on-site structures. The bond is also in place to insure that the site is constructed in accordance with the approved plan. This bond shall be in the form of a check made out to the Town of North Andover. This check will then be deposited into an interest bearing escrow account. c) The applicant shall provide the necessary escrow accounts and insurance as required in the above sections 1 c, 2a and 2b. 5. 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 determine the preexisting conditions of the noise levels emanating from the site to determine the baseline noise conditions of the site area. The noise survey will provide evidence of the origin of surrounding noise and therefore a baseline condition from which the applicant determine their increases. The noise levels shall not increase the broadband level by more than l Odb(a) above .the ambient levels or produce a "pure tone" condition as set forth in DAQC Policy 90-001, the guideline for 310 CMR 7.10. The applicant may use relevant professional sound emitting data from the prior building use to build a baseline based on prior use of the building and grounds. References to sources for data must be included in the material. 6. 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. c) The applicant must have obtained a variance from the Zoning Board of Appeals for the height of the proposed facility to be constructed at 80' above ground level. A recorded copy of the Zoning Board Decision certifying that the variance has been received must be provided to the Planning Department as proof of such. j 7. Prior to verification of the Certificate of 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 properties or streets. The Planning Office must approve any changes to the approved lighting plan as submitted by the applicant. 8. Prior to the final release of security: a) A final as-built plan showing final construction and location of the wireless hardware shall be submitted to.and reviewed by the Planning Staff. 9. 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 stock piles to remain for longer than one week must be fenced off and covered. 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. C f 11. 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. 12. 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. 13. The contractor shall contact Dig Safe at least 72 hours prior to commencing any excavation. 14. 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. 15. 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. 16. 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. 17. This Special Permit approval shall be deemed to have lapsed after three years from the date permit was granted unless substantial use or construction has commenced. Substantial use or construction will be determined by a majority vote of the Planning Board. As long as the applicant is diligently pursuing necessary governmental approvals for the proposed project, including without limitation the height variance identified in Section 6(c) above, the three year period shall be tolled during the pendency of any litigation challenging the grant or denial of any such governmental approval. 18. The following waivers were granted in determining this decision in accordance with the authority designated by Section 8.9.3.c.v.3 of the Zoning Bylaw and Section 8.9.5.d.ix: a) Waiver to reduce the required setback distance of 300' from a habitable dwelling or business required by Section 8.9.3.c.v.1 and 8.9.3.c.v.3 of the Zoning Bylaw so as to allow a reduced setback of 150', which is 50% of the required setback distance. The Board finds that the setback of 300' is satisfied, without the need for a waiver, with respect to every abutting property. (See Sheet Z-1, Site Plan). The closest habitable dwellings to the proposed flagpole are situated on Assessor's Map 35, Lot 103 (which is approximately 450' from the proposed flagpole) and Assessor's Map 34, Lot 13 (which is approximately 420' from the proposed flagpole). (See Sheet C- lA, Land Use Plan). The Barker residence at Assessor's Map 34, Lot 12 is located on the same lot as the proposed flagpole. With respect to the Barker G residence, the Board finds that the setback of 150' will provide adequate safety, allow for an improved design of the facility and will not significantly impact the character and appearance of the neighborhood. The applicant has presented the required certification that the tower is designed to collapse upon itself in the event of failure as indicated in the letter dated March 14, 2000 from Paul I Ford and Company, Structural Engineers, to Tectonic Engineering regarding the"bend-over"design of the flagpole. b) Waiver to provide a color board required by Section 8.9.5.d.(v)3. Photographs have been provided in the reports referenced herein, which adequately display the color of the flagpole facility. c) Waiver to require a balloon or crane test at the proposed site required by Section 8.9.5.d.(v)7. The plans and visibility study provided by the applicant contain sufficient information to evaluate the application, without the need for an additional crane test or balloon test. d) Waiver to provide location, type and amount of any materials considered hazardous by the federal state or local government required by Section 8.9.5.d.viii.2. However, the applicant does list the sources of negligible amounts of hazardous materials to be the thermostat (potential mercury) and the smoke detector(low level radiation). 19. The following information shall be deemed part of the decision: a) Plan titled: Unmanned Wireless Communication Equipment Site Site No. #445 —Barker Farm 1267 Osgood Street 80' One Carrier Flagpole North Andover,MA Essex County Prepared for: AT&T Wireless Services, 400 Blue Hill Drive, Suite 100, Westwood,MA 02090 Prepared by: Tectonic Engineering Consultants, P.C. Northborough Commons— Suite 401 4 West Main Street Northborough,MA 01532 Dated: 3/16/00, revised 4/4/00, 5/8/00, 8/3/00 Sheets: Sheet Number Title T-1 Title Sheet C-lA Site Plan Z-1 Site Plan& Site Detail Plan Z-2 North&West Elevations Z-3 South&East Elevations Z-4 Site Line Profile& Site Details Z-5 Landscape Plan and Landscape Details b) Documentation Submitted: 1. Letter from Stephen D. Anderson,Esq., Anderson&Kreiger LLP to the Planning Board, dated April 6,2000(with enclosures),transmitting AWS' original application; 2. Letter from Stephen D. Anderson, Esq., Anderson&Kreiger LLP to the Planning Board, dated May 16, 2000 (with enclosures), providing supplemental information related to AWS' application; 3. Letter from Stephen D. Anderson,Esq., Anderson&Kreiger LLP, dated August 4, 2000 (with enclosures), submitting Amended Application. 4. Original Planning Board Application for Special Permit with Site Plan Approval, dated April 6, 2000; 5. Amended Planning Board Application for Special Permit with Site Plan Approval, dated August 4, 2000; 6. Letter from Stephen D. Anderson, Esq., Anderson&Kreiger LLP to Abutters and Parties in Interest for 1267 Osgood Street, dated May 5, 2000 (with enclosures), providing notice of upcoming Planning Board public hearing; 0 i i 7. An RF report, with coverage charts, demonstrating(1)the need for the facility, (2)the coverage it will provide, (3)"that there are no feasible preexistent structures upon which to locate"under § 8.9.3.b.9, and (4)the other existing AWS facilities in North Andover and outside North Andover within one mile of its boundary; 8. RF coverage charts depicting drive test data at 32', 50', 80', 100' and 120' above ground level. 9. Owner's Consent to Municipal Development Application, submitted with April 6, 2000 application materials; 10. Revised Owners' Consent to Municipal Development Application, submitted with May 16, 2000 supplemental application package; 11. View Shed Analysis prepared by Tectonic Engineering dated March 13, 2000; 12. Letter dated March 14, 2000 from Paul J. Ford and Company, Structural Engineers,to Tectonic Engineering regarding the"bend-over"design of the flagpole; 13. Specifications for the antennas; 14. Specifications for the equipment shelter; 15. Specifications for the cables and cable runs; 16. MSDS for the batteries to be used for backup power; 17. Report to the Massachusetts Department of Public Health certifying that the maximum allowable frequencies, power levels and standards will not be exceeded for the facility; 18. Approval letter from the Massachusetts Department of Public Health, dated June 7, 2000; 19. Notice to the Federal Aviation Administration of the proposed construction; 20. Letter from John P. Allen, Airspace Consultants, Inc. to AWS, dated March 24, 2000, predicting that the Federal Aviation Administration will not require marking and lighting for a 120'flagpole at the site; n i 21. Letter from Steven G. Langlais,P.E., to Jeffrey L. Roelofs, dated June 5, 2000, concurring with Airspace Consultant, Inc.'s conclusions related to potential aviation issues; 22. Four color photographs of an actual AWS installation in front of the Southborough Town Hall consisting of a 110' single-carrier flagpole; 23. Three color photographs of an actual AWS installation at the former Ponkapoag School property in Canton, consisting of a 115'two-carrier flagpole. 24. Sheet describing the actual dimensions for the one carrier 110' Southborough flagpole and the two-carrier 115' Canton flagpole. 25. Memorandum from Vanasse Hangen Brustlin,Inc. to Stephen D. Anderson, dated May 12, 2000, with attached engineering review report. 26. Letter report from Vanasse Hangen Brustlin, Inc., dated May 25, 2000. 27. Memorandum from Heidi Griffin to North Andover Planning Board, dated May 10, 2000; 28. Memorandum from Heidi Griffin to North Andover Planning Board, dated July 27, 2000 29. Application for Classification as Agricultural or Horticultural Land for Fiscal Year 2000, relating to 1267 Osgood Street property; 30. Application for Consent of the Planning Board Under G.L. c. 40A, § 16 To Reapply For Height Variance Based on Specific and Material Changes to Plans, dated August 4,2000; 31. Letter from Alactronic,,Inc., dated April 5, 2000, related to noise issues. 32. Appraisal Report prepared by Newport Appraisal Group,LLC, dated May 8, 2000. Town ®1 North Andover � NORT4 OFFICE OF 3�ot`Eo '�a0L 0 ' COMMUNITY DEVELOPMENT AND SERVICES 27 Charles Street North Andover, Massachusetts 01845Q°4ATec ° cv WILLIAM J. SCOTT 4SSgC►+U Director NOTICE OF DECISION (978)688-9531 Fax (978)688-9542 Any appeal shall be filled within (20) days after the date of filling this Notice in the Office of the Town Clerk. Date: September 8, 2000 Date of Hearing: September 5, 2000 Petition of. AT&T Wireless PCS, 40 Blue Hill Drive, Suite 100, Westwood, MA Premises affected: 1267 Osgood Street Referring to the above petition for a Repetitive Petitiona o C:) so as to allow: petitioner to re-petition to the Zoning Board of Appeals v "*MM == CDC-) After a public hearing given on the above date,the Planning Board voted co o r o m D To: APPROVE the: Repetitive Petition .. � g 0 LJ Signed CC: Director of Public Works Alison Lescarbeau,Chairman Building Inspector Conservation Department John Simons,Vice Chairman Health Department Zoning Board of Appeals Applicant Alberto Angles, Clerk Engineer File Richard S. Rowen Richard Nardella William Cunningham I� BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535 ti ' 1267 Osgood Street—Repetitive Petition The Planning Board herein consents to allow the petitioner as set forth below to re petition to the Zoning Board of Appeals. The petitioner is AT&T Wireless PCS,40 Blue Hill Drive, Suite 100, Westwood, MA 02090. The petition was submitted on August 4, 2000. The Planning Board makes the following findings as required by M.G.L. Ch. 40A, Section 16 and the North Andover Zoning By-Law Section 10.8: FINDINGS OF FACT: 11. On April 6, 2000, AT&T Wireless PCS filed a petition with the North Andover Zoning Board of Appeals for a variance from the requirements of Section 8.9.3.c.i and 8.9.3.c.ii (restricting height to 10' above the average building height within 300' or, if no such buildings, 10' above average tree canopy height) and Section 8.9.3.c.v.1 (requiring flagpole setback 2x its height and 300' from habitable dwelling or business). 2. On 7/24/00 the North Andover Board of Appeals voted to deny the petition because the requested variances would be a detriment to the neighborhood and they have not established (explored) an existing structure that would serve the purpose in another location. 3. The applicant submitted specific and material changes to their application indicating that the height of the original application submitted to the Zoning Board of Appeals and the Planning Board was 120'. The revised application now includes a reduction of height to 80'. 4. The applicant submitted specific and material changes to their application indicating that the setback to the Barker House of the.original application submitted to the Zoning Board of Appeals and the Planning Board was 142'. The revised application now includes an increased setback to 150'. DECISION: The Planning Board determined that specific and material changes have occurred in the conditions upon which the unfavorable decision was based, such as the following: 1. The submittal of additional and more specific information indicates that the height of the proposed wireless facility has been reduced in height from 120'to 80'. This reduces the height of the wireless facility by 1/3 of its original height. 2. The submittal of additional and more specific information indicates that the setback of the wireless facility to the Barker House has been increased from 142'to 150'. 3. The above revisions may possibly not be considered a detriment to the neighborhood when submitted again to the Zoning Board of Appeals. The Board votes to hereby recommend for allowing the applicant to reapply to the Zoning Board for a variance(s).