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Q TE[-. 688-8702
INSPECTOR OF BUILDINGS ,
ELECTPICAL INSPECTOR ',December 3, 1952
GAS INSPECTOR
Richard Asoian, Esq.
Attorney for Rollins Cablevision
12 Essex Street
nndover, Ilia. 01510
Dear Sir:
I have been requested in uniting to investigate an
alleged zoning violation concerning the proposed use of the
to.,er located on the property of John Carter, 300 Chestnut
Street-,for the reception and distribution of television signals.
In revie,,.ing the situation, I find that a variance
as granted to M.I.T in 1958 to erect a tourer in excess of the
a-31.10-;:ed height for testing and research. The use of the land
e at that time out such use has smite
for to;rers was permitte
been ramo'.-ed from the Zoning Dy—Law as an allowed use. As a
r;rev�ou.sly existing non--confor.mi ng use, any use of the to:;er is
i_r;i tad to that conducted before the zoning ng cha�lge d�.s21lo;;;_n0
such use. Therefore, the proposed use of the tourer for
Purposes by ollins Cablevision is a change in use that carLnot be
allo;aed.
Even if one were to disa6 ee with the above interpreta—
tion, it is a fact that the tower in question is a ncn—conforming
SIructure and the use of the tO:er _s a non•-confo7'il±ngnuse. The
1 " at any chane or es-mansion of a non—con-or:i?� use
aF,i requires �;; � �.
or Structure regi:.ireS a special permit fr OTR he Zoning Oard Of
:e8lc, Fo Foch S coal t;er-;it
_n ConC�'_.c_.on, 1 r.._ Lie :at t 'r;cr •I7 On
Cr -: iced OI' _ .C �V'rl ... Id C� i,r Yui. i,,'1 1`.7 On
0 1 - .
it -v:ould be a C.::ra rC�21 use in aialal U=-Ct•r Ct.
l i i_o s n may,be Trade to "e T•O'�.er for the zrOt-0S2d
;;o charges or a••d �
nercial use.
Very truly •',c'C ii1'S f
Cii.-Lll�S TI. l�i 51
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TOWN OF NORTH ANDOVER
' MASSACHUSETTS
' BOARD OF APPEALS
John J. Lyons, Town Clerk January 4, 1958
Town Building
North Andover, Mass.
Dear Sir:
DECISION
The Board of Appeals held a Public Hearing on Monday evening,
December 9, 1957 on the application of Massachusetts Institute of
Technology requesting a variation of the Zoning Ordinance so as to
permit the erection of a certain radar tower for antenna test measure-
ments, to a height in excess of that permitted by Section 8 of said
Zoning By Law entitled "Building Heights Permitted", on Mi11's Hill,
off 300 Chestnut Street, North Andover. _
This Public Hearing was advertised in the'Lawrence Evening Tribune
on November 27, 1957 and the abutters were duly notified.
The members present and voting on this application were: Donald F.
Smith, Chairman; Daniel O'Leary, Henry E. Lund, Nicholas F. Nicetta and
John J. Willis, Associate Member.
Mr. Nicetta made the motion to GRANT the variance, seconded by Mr.
Willis and voted unanimously by the Board for the following reasons:
It appears.to the Board that this tower is a necessary adjunct to
the transmitting tower located on Boston Hill, for which tower the Board
of Appeals has previously granted a variance under date of January 28,
1957.
It appears that there are no buildings in the near vicinity so that
there would be no danger to surrounding structures. It further appears
that no transmitting is contemplated from this tower, but the tower is to
be used solely to test and measure signals to be sent from the radar tower
on Boston Hill.
It also appears that the erection of this tower is important in the
interests of our national defense. The Board therefore G iICS the
variance applied for provided that the tower and appurtenances be con-
structed substantially in conformity with the plan submitted and on file
- 2 -
January 4, 1958
with the Board of Appeals, and the Board further directs that the
Building Inspector issue the necessary building permit in accordance
with this decision.
Sincerely,
TOWN OF NORTH ANDOVER
BOARD OF APPEALS
Donald F. Smith, Chairman
Daniel O'Leary
Henry E. Lund
! Nicholas F. Nicetta
John J. Willis, Associate Member
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FOR P ATION TUESDAY, August 21, &28, 2007
In accordance with the provisions of M.G.L. Chapter 40-A, Section 11, the North
Andover Planning Board will hold a public hearing as follows:
Purpose of Public Hearing: Application for a renewal of a Special Permit under
Section 8.3, 8.9 and 10.3 of the North Andover Zoning
Bylaw. The project consists of the renewal of the
Special Permit for the operation of an existing wireless
communication facility within the R-3 zoning district
Applicant/Petitioner. Rick Sousa, Esq.
Prince Lobel, Glovsky&Tye, LLP
100 Cambridge Street, Suite 2200, Boston, MA 021.14
Owner. SBA Tower
C/o SBA Properties, 338 Church Road, Pembroke,
N.H. 03275
Address of Premises Affected: 300 Chestnut Street, North Andover, MA
ii
Assessor's Map and Lot Map 98C, Parcel 0002
Public Hearing Date&Time: Tuesday, September 4, 2007-7:00 PM.
Location of Public Hearing: North Andover Senior Center, 120R Main Street, No.
Andover,MA 01845, 2"d floor conference room.
Richard Nardella, Chair, North Andover Planning Board
All interested persons may appear and be heard. Persons needing special
accommodations and/or those interested in viewing the application materials
should contact the North Andover Planning Department at(978) 688-9535.
Abutters
Surrounding Towns
0 n Bldg. _ZBA
2 2 � � Ill=;l�� Con/Com Health
Fire Chief Police Chief
BOARD OF APPEALS Town Clerk DPW/Engineers
WG
NORTH ,_r,.-
O p
i2H6Jl;' PI 27
PLANNING DEPARTMENT "A
Community Development Division
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: May 8,2006
Date of Hearing(s):May 16 and May
30,2006
Date of Decision: May 31,2006
Petition of- New Cingular Wireless PCS,LLC.
580 Main Street
Bolton,MA 07140
Premises Affected: 0 Chestnut Street,Assessors Map 98C,Parcel 2
Residential 3 Zoning District
Referring to the above petition with provisions from Section 8.9 of the North Andover Zoning
Bylaw for a Site Plan Special P'for the installation of twelve(12)coaxial cable antennas on
an existing wireless service facility/tower and an 11'x 26'equipment shelter for ancillary
equipment. Property is located within the Residential 3(R3)zoning district.
At a public hearing given on the above date,the Planning Board voted to APPROVE a Site Plan
e
Special Permit with a unanimous votof 5-0 based on the fotl . conditions:
Signed:
Lincoln Dalcy,Town Flanner
cc: Applicant
Engineer Richard Nardek Chair
Abutters John Simons,Vice Chair
Town Departments Richard Rowen,acting Cleric
Alberto Angles
Jack Green
E 0 U E
JUN 14 2006
D
BOARD OF APPEALS
Nov Cingula•Nkireless PCS,LLC v
0 Chestnut Street, NLIp 98C,Parcel 1
Site Plan Special Permit
File Planning Board herein approves the Special Permit to install twelve (12) coaxial cable
antennas on an existing 152' tower and an I I' x 26' equipment shelter for ancillary,equipment
within the existing fenced area. The affected property, is located at 0 Chestnut Street, Map 98C,
Parecl 2 within the Residential 3 Zoning District. This Special Pen-nit was requested by New
Cingular Wireless PCS, LLC., 580 Main Street, Bolton, MA 0,140. This application and
additional documentation as cited herein was tiled with the Planning Board on %larch 10. :'_006
Mill subsequent submittals on tile.
The Planning Board makes the following findings as required by the North Andover Zoning
Bylaw Section 3.9:
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 ArN in Sebastian, Radio Frequency Specialist, Cingular Wireless and dark F.
Hutchins, Radio Frequency Engineer, Outside Consultant for the Town of North Andover.
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. The
granting of the Site Plan Special Permit is subject to the granting of the Variance from the
Zoning Board of Appeals from Section 8, Paragraph 8.9(3)(c)(v), minimum requirements of
the distance to the lot lines in order to install additional antennas on the existing antenna
tower.
5. Adequate and appropriate facilities will be provided for the proper operation of the proposed
use. The visual impacts of the project will be diminutive and represents a marginal_addition
to the existing wireless service facility.
Finally the Planning Board finds that this project generally complies with the Town of North
Andover Zoning Bylaw requirements as listed in Section 8.9 but requires conditions in order to
he Dully in compliance. The Planning Board hereby grants an appro�al to the applicant prop ided
the callow ing conditions are met:
PECIAL CONDITIONS:
i 1 Discontinuance .khandonment
i �t such time that a IiCUI'iSe(f 12atrriur plans to ab,inden or'.iisC0�ritinur Operation ut«ireless
.QFX ice -'gtiiprnent, Aich carrier will notify the Town bN ,;tinted LS mail of the proposed
i ,t(. -;t•.bcindonmcnt or discontinuation i�t'„pcmtions. `:uch notice shall he jig cn no less
New Cingular Wireless PCS,LLC
0 Chestnut Street,Map 98C,Parcel 2
Site Plan Special Permit
than 30 days prior to abandonment or discontinuation of operations. In the event that a
licensed carrier fails to give such notice, the wireless service equipment shall be considered
abandoned upon discontinuation of operations.
b) Upon abandonment or discontinuation of use, the carrier shall physically remove the
wireless service equipment placed on the site by the carrier within 90 days from the date of
abandonment or discontinuation of use. "Physically remove" shall include, but not be
limited to:
i) Removal of antennas, mount, equipment shelters and security barriers installed by the
carrier (unless the same will continue to be used by the owner) from the subject
property.
ii) Proper disposal of the waste materials generated by the carrier from the site in
accordance with local and state solid waste disposal regulations.
c) As a condition of any special permit for the placement, construction or modification of
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 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) 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.
3
a
New Cingular Wireless PCS,LLC
0 Chestnut Street,Map 98C,Parcel 2
Site Plan Special Permit
b) After the equipment on the facility is in operation, the applicant shall submit to the SPGA,
within 90 days of beginning operations and at annual intervals from the date of issuance of
the Special Permit, preexistent and current RFR measurements. Such measurements shall
be signed and certified by an RF engineer, stating that RER measurements are accurate
and are in compliance 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 it better measure of the cumulative effect
of the facility.
c) The applicant and co-applicant or their successor in interest shall maintain the wireless
service equipment in good condition. Such maintenance shall include, but shall not be
limited to, painting, structural integrity of the equipment.
3. Prior to the endorsement of the plans by the Planning Board,the applicant must
comply with the following conditions:
a) The applicant shall provide a map indicating the intended locations for testing as required
above.
b) A bond in the amount of$1,000 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.
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.
c) The granting of the Site Plan Special Permit is subject to the granting of the Variance from
the Zoning Board of Appeals from Section 8, Paragraph 8.9(3)(c)(v), minimum
requirements of the distance to the lot lines in order to install additional antennas on the
4
New Cingular Wireless PCS,LLC
0 Chestnut Street,Map 98C,Parcel 2
Site Plan Special Permit
existing antenna tower. A copy of the decision granting said Variance 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 upon abutting
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
plans. shall be enclosed as shown on the
IL All site fighting 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 thea licant
its employees and all successors and assigns in interest or control. pp
5
New Cingular Wireless PCS,LLC
0 Chestnut Street,Map 98C,Parcel 2
Site Plan Special Permit
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:
a) 8.9.5.d.ii.4 — Waiver to provide a map of all wireless communications facilities in and
within 1 mile of North Andover.
b) 8.9.5.d.iii.3 -Waiver requiring the depiction of tree cover.
c) 8.9.5.d.iii.4 — Waiver requiring the depiction of all buildings on properties adjacent to
subject property.
d) 8.9.5.d.iii.8 — Waiver to provide distance, grade from the proposed wireless
communication facility to each building on the vicinity plan.
e) 8.9.5.d.id.9 — Waiver to provide contours at 2 feet AMSL for the subject property and
adjacent properties within 300 feet.
t) 8.9.5.d.iii.12 — Waiver to provide lines representing the sight line showing the viewpoint
and visible point from"Sight Lines" subsection.
g) 8.9.5.d.iv—Waiver to provide sight lines and photographs.
h) 8.9.5.d.v.3—Waiver to provide"color board".
i) 8.9.5.d.v.6—Waiver to provide landscape plan.
j) 8.9.5.d.v.7 - Waiver to schedule a balloon test with the Planning Board at the proposed
site.
k) 8.9.5.d.v.8—Waiver to provide FAA lighting printout.
1) 8.9.5.d.vi-Waiver to provide noise-filing requirements.
m) 8.9.5.d.viii.2—Waiver to provide hazardous waste identification filing requirement.
18. The following information shall be deemed part of the decision:
Plan titled: Cingular Wireless
Site Name: North Andover—SBA COLO
Site No.: BOS-020(855)
Prepared for: Cingular Wireless PCS, LLC.
580 Main Street
Bolton, MA 07140
Prepared by: Clough Harbour&Associates LLP
313 Littleton Road, Suite 15
8
i
New Cingular Wireless PCS,LLC
0 Chestnut Street,Map 98C,Parcel 2
Site Plan Special Permit
Chelmsford, MA 01824-3364
Dated: 11/24/04, Revised 12/23/04
Sheets: TO1, CO1, CO1 A, CO1 C, CO2-CO5, E01-E6
i
Report: Application for Site Plan Special Permit by Cingular Wireless PCS,
LLC., March 10, 2006
Prepared for: Cingular Wireless PCS, LLC.
Prepared by: Anderson&Kreiger LLP
43 Thorndike Street
Cambridge, MA 02131-1764
cc. Applicant
Engineer
DPW
Building Department
7
_ p°FTN Town of North Andover
• pi�t�.c 6��O
. ` ` ` °;, Office of the Planning Department
CENFD
- .f Community Development and Services Divisionr t,
Osgood Landing
SS�C144 16M Osgood Street H107 DEC -4
Building#20,Suite 2-36
Lincoln Dal North Andover,Massachusetts 01845 -� ,, ,. .
e9 G '4r , .�, 3.l,
Town Planner H0 R T H .A aA c a v
P(978)688-9535 M A u S A r ;
F(978)688-9542
NOTICE OF DECISION Bldg. ZBA
Con/Com . Health
Fire Chief Police Chief
Any appeal shall be filed Town Clerk DPW/Engineers
within(20)days after the
date of filing this Notice
in the office of the Town
Clerk.
Date:December 3,2007
Date of Hearings: August 2,2007 thru
November 20,2007
Date of Decision: November 20,2007
Petition of: Sprint Spectrum,L.P.
Sprint Nextel
9 Crosby Drive
Bedford,MA 01730
Premises Affected: 300 Chestnut Street,Map 98C,Parcel 2 within the R-3
Zoning District.
Referring to the above petition for a Renewal of a Site Plan Review Special Permit, from
the requirements of the North Andover Zoning Bylaw, Section 8.3, 8.9, and 10.3.
Renewal of a Special Permit for the operation of an existing wireless communication
facility within the R-3 zoning district.
At a public hearing given on the above date the Planning Board voted to APPROVE a
Renewal of a Site Plan Review Special Permit based on the following conditions:
Signed: �l/ IF of
John.Simons, A ting Chairman
Richard Rowen
Alberto Angles, Clerk
Timothy Seibert
„ (- BO jOF,APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535
-;� W i✓e + +Pw4
300 Chestnut Street
Sprint Spectrum L.P.
Renewal of Special Permit
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.
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
2
300 Chestnut Street
'Sprint Spectrum L.P.
r Renewal of Special Permit
g) The applicant must submit a letter from the architect or engineer of the project stating that the
construction and operations substantially comply with the plans referenced at the end of this
decision as endorsed by the Planning Board.
4. 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.
5. In an effort to reduce noise levels, the carriers shall keep their respective equipment in optimum
working order, through regular maintenance, any and all equipment that shall emanate sounds from
the structures or site.
6. No equipment or other equipment that will emanate noise-exceeding levels cited herein shall be
places on the exterior of the structure. Such equipment shall be enclosed as shown on the plans.
7. 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.
8. The original Special Permit granted on May 16, 2000 and approved site plans referenced in
Condition #15 by the Planning Board are herein incorporated by reference. The applicant and its
successors shall comply with any/all terms and conditions of the said Special Permit.
9. The provisions of this approval shall apply to and be binding upon the applicant, its employees and
all successors and assigns in interest or control.
10. The applicant shall immediately inform the Planning Department in writing of any/all changes in
name,company ownership, and contact information.
11. 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.
12. 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.
13. In accordance with Section 8.9.12 of the Zoning Bylaw,this Special Permit approval shall be deemed
to have lapsed after three (3) years from the date permit granted,that date being November 20, 2007.
Prior to the expiration date of the renewed special permit,the applicant and its successors shall file a
Renewal application.
14. The following waivers were granted in determining this decision:
a. Section 8.9(5)(d)(ii)(4)—Map showing other preexistent and approved wireless service facilities
in North Andover and outside North Andover within one miles of its boundary.
b. Section 8.9(5)(d)(ii)(5)—GPS or equivalent system locating by latitude and longitude wireless
service facilities.
4
300 Chestnut Street
'Sprint Spectrum L.P.
Renewal of Special Permit
300 Chestnut Street,North Andover
Map 98C,Lot 001 (the"Property")
Prepared for: Sprint Spectrum L.P. and its affiliate Nextel
Communications of the Mid-Atlantic,Inc. (the"Applicant")
Prepared by: Prince,Lobel,Glovsky&Tye LLP
100 Cambridge Street, Suite 2200
Boston,MA 02114
Dated: November 1,2007
Pages: Tabs 1 through 4
d) Report: Radio Frequency Field Survey
Site Number: BS23XC422
Site ID:MA2105
Site Name:Den Rock Park
Site Address: 300 Chestnut Street,North Andover MA 01845
Prepared for: Sprint Spectrum L.P.
P.O.Box 614
Stowe,VT 05672
Prepared by: C2 Systems
136 Harvey Road
Londonderry,NH 03053
Dated: August 3,2007
Pages: 1 through 47
e) Report: Environmental Sound Levels Evaluation
Sprint Spectrum Proposed Addition to Existing Wireless
Communications Facility
MA-2105,300 Chestnut Street,North Andover,MA
Prepared for: Sprint Spectrum L.P.
P.O.Box 614
Stowe,VT 05672
Prepared by: Cavanaugh Tocci Associates, Incorporated
327 F Boston Post Road
Sudbury,MA 01776
Dated: July 24,2007
Pages: 1 through 12,Appendix A,Appendix B,Appendix C
f) Report: Structural Analysis Report
152' Guyed Tower
North Andover,Massachusetts
Nextel Site#MA 2105;Den Rock Park
Prepared for: General Dynamics Information Technology,Inc.
Prepared by: All-Points Technology Corporation
150 Old Westside Road
North Conway,New Hampshire 03860
Dated: October 26,2007
Pages: 1 through 6,Appendix A,Appendix B,Appendix C
g) Report: Structural Analysis for SBA Network Services,Inc.
6
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ZONING BOARD OF APPEALS
tommunity Development Division
Legal Notice
North Andover,Board of Appeals
Notice is hereby given that the North Andover Zoning Board of Appeals will hold a
public hearing at the top floor of Town Ball, 120 Main Street, North Andover, MA on
Tuesday the 1301 of June, 2006 at 7:30 PM to all parties interested in the appeal of
Cingular Wireless LLC, 580 Main Street, Bolton, MA 01740, for premises at: 300
Chestnut Street, (Map 98.0 Parcel 2) North Andover, requesting a dimensional
Variance from Section 8, Paragraph 8.9(3)(c)(v) of the Zoning Bylaw, minimum
requirements of the distance to lot lines, in order to install additional antennas on the
existing antenna tower, and in particular to consider approving an Agreement for
Judgment in the case of New Cingular Wireless PSC, LLC vs. North Andover, et al,
]Federal District Court No. 5CV-11841NG relating to the grant of said variance
Said premise affected is property with frontage on the East side of Chestnut Street within
the R-3 zoning district.
Plans and the file are available for review at the offices of the Building Department and
Zoning Board of Appeals, 1600 Osgood Street, North Andover, MA Monday through
Friday from the hours of 8:30 to 4:30PM
By order of the Board of Appeals
Ellen P. McIntyre, Chair
Published in the Eagle-Tribune on May 22,&29, 2006.
Legalnotice 2006-022.
"498.CP2.
— --- -------�-- 1600 Osgood Streot,'lorth Andover,°hOSSn4iiU5ettS 01845 �---
Phone 918.688.9541 Fox 978.688.9542 '+`deb vww.townofnorthnndnver.t'3m
Bldg. ZBA
Con/Com Health
Fire Chief Police Chief
Town Clerk DPW/Engineers
HAND CARRY TO THE LAWRENCE. EAGLE TRIBUNE
LEGAL NOTICE
FOR PUBLICATION TUESDAY, June 12, & June 19, 2007
In accordance with the provisions of M.G.L. Chapter 40-A, Section 11, the North
Andover Planning Board will hold a public hearing as follows:
Purpose of Public Hearing: Application for a modification of a Special Permit under
Section 8.3, 8.9 and 10.3 of the North Andover Zoning
Bylaw. Projects consists of installation of a 7'—6" x10'
(8' high) versaflex equipment cabinet into the existing
tower compound. There will be (9) new panel antennas
with an antenna centerline of 130' —0" on the existing
lattice tower. There will be 1 —5/8" coax cables
connecting the antennas to the equipment cabinet.
The coax cables will run on an ice bridge from the
equipment cabinet to the tower, then up one face of the
tower. Property is located within the R-3 zoning
district.
Applicant/Petitioner: Sprint Spectrum L.P.
P.O. Box 614
Stowe, Vt., 05672
Owner: John E. Carter& Raymond B. Agler
3100 Chestnut Street, North Andover, MA 01845
Address of Premises Affected: 300 Chestnut Street, North Andover, MA
Assessor's Map and Lot: Map 98C, Parcel 0001
co D
> ublic Hearing Date&Time: Tuesday, June 26, 2007-7:00 PM.
o z
0 Fi1ocation of Public Hearing: North Andover Town Hall, 120 Main Street, No.
v N Andover, MA 01845, 2"d floor conference room.
o
_U o
Richard Nardella, Chair; North Andover Planning Board
Cn
All interested persons may appear and be heard. Persons needing special
cc
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Bldg. ZBA
COTI/Com Health
Fire Chief Police Chief
Town Clerk DPW/Engineers
;GAL,NOT:ICE
POLICAEARING
=•NOTICE 1`..".
NORTH:ANDOVER
PLANNING•BOARD- f,
In a66ordance.with the
provisions.:of M.G.L.
Chapter�40-A,"Section
11,;the Norah;Andover
Planning Board will hold
a•;pitblic.heacing as#ol
lows;
} Rurpose of Pubiid'
Heanng"Application fora
Common Dnveway'Per-:',
and:under Sections 10:3
Spee. Permit and
2;30 1. Common Drive
way.SpeciWOermd O the
Noeth Andover Zoning
Bylaw to allow4he cre-
ation_of a sh.aretl drive- ;
way apces's#or Map
1•Q6D Lot,4Z:•(4612Turn
pike Streetj=andi:Map`
106 Lot 46,(1820 1830
Tumpike Sfreet)i
App licanUPetlfloner.;.
GEM Geiiera(,Contract-
ing Corporationr 325
North Tvlain"Street;#156,
MiddletonAdd ,t�lA 01949.;;
" ress of:Premises
Affected,.•,,,181 ;1820-
1830 Turnpike:Street,
Narth„•Am'dover :eM'A
OY845 + f
Assessors Map and {
Lott Map 108D Lots 46
public Heanng Date'&
Time.Tuesday July,17,
2007 7 DO p•m
"Locahon.!rof Public
Heanng Town Wall 120
Niarn :S4re,et 'North;
Andover MA01t345 2nd
fldot conference room
A copy ofFthe pian and j
appLcatiorids on file;in i
the"Rlanning Boardoffice 1
at 1600:Osgood'Street,'I
North Andover MA'and.
e:ins ediMon-..
day through Friday 8:30
Any„person"interested;
oFwishmg to-be heard.on
1the proposed plan 1
should;appear at,the
time antl place deSig'it-
Ila,
Chairman:
North Andover
Board`
ET— 6/13;:6/20/10T-
NORTk
Town of North Andover 5 D I V E D
C-
Office of the Planning Dep
atale, 0 F F
4t Community Development and Services Division
M.
Osgood Landin9067 AUG -8 PH 12: 11
SS CH 1600 Osgood Street T(I!�fl
Building#20,Suite 2-3p
Lincoln Daley North Andover, Massachuse
Town.Planner
P (978) 688-9535 NOTICE OF DECISION Bldg. ZBA
F(978) 688-9542 Con/Com Health
Any appeal shall be filled Fire Chief Police Chief
within(20) days after the Town clerk DPW/Engineers
date of filling this Notice
in the Office of the Town
Clerk
Date: August 8, 2007
Date of Hearing: June 26, 2007-August 7, 2007
Petition of. Sprint Spectrum L.P., P.O. Box 614, Stowe, VT., 05672
Premises affected: 300 Chestnut Street,North Andover, MA 01845
Referring to the above petition for a special permit from the requirements of the:
North Andover Zoning Bylaw Section 8.3,8.9 and 10.3.1
So as to allow: for a modification to a Special Permit to an existing wireless
communication facility. Project consists of installation of a 7' —6"x10' (8' high)
versaflex equipment cabinet into the existing tower compound. There will be 9 new
panel antennas with an antenna centerline of 130' —0"on the existing lattice tower.
There will be 1 —5/8" coax cables connecting the antennas to the equipment cabinet. The
coax cables will run on an ice bridge from the equipment cabinet to the tower,then up
one face of the tower. Property is located with the R-3 zoning district.
After a public hearing given on the above date,the Planning Board voted to allow the
applicants request to WITHDRAW WITHOUT PREJUDICE.
Signed-
Richard Nardella, Chairman
John Simons, Vice Chairman
Richard Rowen, regular member
Jennifer Kusek, regular member
fee Timothy Seibert, alternate member
AUG 13 M1
BOARD OF APPEALS
i
[]Abutters
O Surrounding Towns
Bldg. ZBA
Con/Com Health
Fire Chief Police Chief
Town Clerk DPW/Engineers
LEGAL NOTICE LEGAL NOTICE.=LEGAL`NOTICE
, 'LEGALAOTICE�
in accordance with;the provisions of:M.G L Chapter 40-A Section 11;the
;North Andover Planning Board will hold a public heanng as follows
Purpose of,Public,Heanng "i
Application for a'reneuiral`of a Special Permit rider Section?r
8 3;6.9 and 10:3 of the North Andover Zoriing'tiylaw Project j
consists of,mstallation of a-7 6x10'(8 high)versaflex`equlp
ment cabinet into the existing tower compound:There will 6e(9)' i
new,panel"antennas with an antenna centefline of 130-0"on ;
the eAstmg lattice tower:There will tie 1 5/B coax cables,con- ^
Heeling the antennas to
the equipmentf cabmet,Tfie coax`cables
Will run on an ice bndge.from the equipment cabinet tothe":;
t,tower"then`up,one lace,of the tower Property is;6 -t hin
the R-3 zoning distnct a ,
ApplicanUPehtioner c:
+; .�� SpnntaSpectrumL P y �'
P.O'Bax614 h
Stowe,Vt 05672
Owner rJoFire.E Carter&Raymond B Agler
yn 300 Chestnut Street,
'NortliAndover MA 01845
Address ofPremises;Affected.,,> '
,r 3xa ":300 Chestnut Street North Andover MA a-t-' t `��'
Assessor's Map and,Lot s x
a Map;98C.Parbdtool
Public Hearin Date'&;Time
9 w
Tuesday August 21 2007 @ 7 00 pm k
Location of Public Hearing,
North AndoverTown Hallr,120 MainStreet
No.Andover;MA'01845,2nd:floor conference room
Richard"Nardella:Chair North Andover PI nning:Board
All interested persons may appear and'be heardPersons needing special
accommodations and/or those lntere"sled in,yiewing-the application materials
should contact the North Andover Planning"Department at(976)688-9535,
located at 1600 Osgood Street,,North:'Andover,MA.`
ET-817107,
AUG 8- Z007
D
BOARD Or APPEALS
August 2, 2004
Mr. D. Robert Nicetta
Building Commissioner
Town of North Andover
120 Main Street
North Andover, MA 01845
SUBJECT: Existing Tower, Mills Hill
300 Chestnut Street
Dear Mr. Nicetta:
There is an existing tower located at 300 Chestnut Street in the Town of North
Andover. As the owner of the property, SBA Network Services, Inc. is proposing to
provide some upgrades to the tower to improve its structural integrity. There will be
no increase in the existing height of the tower and no additional structures are
proposed. In fact, one wooden shed will be removed from the property. All of the
proposed modifications are intended to strengthen the tower and can be considered
internal to the structure.
We are requesting your review of the attached narrative that describes the existing
conditions on the site and the proposed modifications. A copy of the survey and
proposed engineering plans are also attached. The North Andover Zoning By Laws,
Section 8.9 Wireless Service Facilities 10) states that towers-in existence at the time
of adoption of Section 8.9 may be"reconstructed; altered, extended or replaced on
tthe same -site by Special 'Permit. . ." Because our -proposed modifications are
internal structural improvements, we are requesting relief from this section of the By
,Laws and are requesting the ability to submit :building permit applications. -A
complete signed and sealed -set-of engineering plans will be submitted with the
.building permit application.
Thank you for your review of this request. If you have any questions or require
additional information, please do not hesitate to contact me at (561) 226-9486.
Sincerely,
SB Network Services, Inc
ne E. o t ICP RECEIVED
oning Manager AUG 0 9 2004
cc: Julie Parrino, Planning Director
Attachments: Narrative BUILDING DEPT.
Survey
Engineering Plans
MAO 1085-A
SBA Network Services,Inc. ® 5900 Broken Sound Parkway NW ® Boca Raton,Fl.33487 m Phone:561-995-1610 m Fax:561-995-1626 co www.shasite.com
5"B"' A DDDDD
NARRATIVE
North Andover Tower
MA01085-A
Existing Conditions
A 153-foot-high, guyed wire, tower, constructed in 1958, is located on the 5.2-
acre site at 300 Chestnut Street. The subject property is heavily wooded except
for a gravel access road, a turnaround at the tower and an approximately 625-
square-foot area around the tower. A 6-foot-high chain-link fence topped with
barbed wire encircles the steel truss framed tower. A 96-square-foot wooden
equipment shed and a 180-square-foot steel equipment structure are also
located within the fenced area. Both buildings contain electronic communications
equipment.
Proposed Modifications
The following modifications are proposed in order to increase the structural
strength of the tower:
1. Removal of nine (9) dead coax cables that were abandoned years
ago prior to SBA ownership of the tower. These cables add extra
loading on the tower.
2. Removal of the existing 96-square-foot wooden shed
3. Relocate existing180-square-foot steel equipment building onsite to
provide easier access to the tower foundation base
4. One piece of angle steel will be added to the tower in between each
horizontal member on each tower face from zero to 146 feet for a
total of 168 pieces.
5. Increase tower foundation points from 4 to 8 square feet and
increase six (6) anchor point foundations in width and thickness to
approximately three (3) to four(4)feet
6. Fill all tower legs with grout to increase strength.
7. Engineered stamped modification drawings will be submitted as
part of the Building Permit application process if requested.
SBA Network Services,Inc. ® 5900 Broken Sound Parkway NW ® Boca Raton,FL 33481 ® Phone:561-995-1610 ® Fax:561-995-1626 ® www.sbasite.com