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Miscellaneous - 401 ANDOVER STREET 4/30/2018 (3)
qVi 41DOVER S.Ttlze-r / map Pn�cE� 93 Town of North Andover f 140R, Office of the PLuaning Department 3? O p Community Development and Services Division « 104 1600 Osgood Street Bldg.20,Suite 2-36,Planning Dept. "SSACHus s� North Andover,Massachusetts 01845 h!tp://www.townoftiorthandover.com Town Planner P (978)688535 L.Daley P (978)688-9542 TO THE LAWRENCE EAGLE TRIBUNE LEGAL AD FOR PUBLICATION TUESDAY,APRIL 29, &MAY 6,2008 CLIPPINGS TO BE MAILED TO THE PLANNING DEPARTMENT AS ADDRE SED ABOVE TOWN OF NORTH ANDOVER PLANNING BOARD NOTICE OF PUBLIC HEARING,TUESDAY,MAY 20,2008. 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 Special Permit under Section 8.9(3)(a)(iii)& 10.3 of the North Andover Zoning Bylaw for renewal of a Special Permit by the Town of North Andover Planning Board authorizing the applicant to operate a building mounted wireless service facility. Installed three arrays of four panel antennas for a total of twelve antennas behind the parapet walls and placed communications equipment in the attic of the existing building located at 401 Andover St. (Rte. 125). The applicant proposes no change to the configuration of this facility as shown on the site plans. Property is located within the G B zoning district. --.. LEGALMOTICE l LEGAL NOTICE Applicant/Petitioner: Bell Atlantic Mobile of Mass Corp. d/bi TOWN OF NORTH ANDOVER PLANNING BOARD, 400 Friberg Parkway,Westborough,SIA rNOTICE OF PUBLIC HEARING TUESDAY,MAY 20,2008- In. 0,'2008 In.accordance with;the-provisions:of M.G.L. Owner: John F. McGarry, Trustee of Plum 2 TruQ chapter 40-A,Section ldp bli the North Andover Plan- Owner: Board will hold:a public hearing asfo'llows: , 401 Andover St.North Andover,MA 018 Purpose of Public Hearing:Application for a Address of Premises Affected 401 Andover Street,North Andover,M Special Permit under Zoning Bylaw (3)(a)en&al-o a :the North-Andove['Zoning Bylaw for renewal of.a. Special Permit by-the Town of North-Andover.Plan- ning Board authorizing the applicant to operate a building mounted wireless_service facility.;Installed Assessors Map and Lot: Map 24, Lot 33 three arrays of four panel antennas for a total of twelve antennas behind the,parapet walls and placed com- unications equiprneni in the attic-of the existing m Public Hearing Date&Time Tuesday,May 20,2008 @ 7:00 PM. building-located'at 401-Andover-St.(Rte:125).The applicant,proposes no change to the configuration of i this facility,as shown on the site plans-Property is Location of Public Hearin North Andover Town Hall, 120 Main Strei Iocated.w ain thee -13 heG-13. ass .loner i Be isAtlantic.Mobiie.of_„ :M 'Corp.:dlb7a�rk&i Wireless.400-Friberg All interested persons may appear and be heard. Persons needing special a :Parkway,Westborough,'MA 01581-3936 Owner;John F.McGarry,Trustee of Plum 2 Trusf those interested in viewing the application materials should contact the N1401"Andover St.,"North•Andover,MA 01845 Address of:Premises Affected01845 :401 AndoverDel978 688-9535. StreeceAndover,MA pessors,Map andLot:'Map 24,Lot 33 D �l' Richard Nardella Chain, Public Hearing Date&rime:Tuesday,May 20, . 2008 at 7:00 P.M. MAYA p Location of Public Hearing: North Andover 2'- COOB I Town Hall,120 Main Street,2nd floor All interested persons may appear and be BOARD Oi �r-i't,�t_S j heard.Persons needing:special accommodations and./or those interested in viewing toe pp' BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9544 materiais should'contaet the North Andover Plan- ning Department at(978)688-9535: Richard;Nardella Chairman ET-4/29,5/6108 pORT1y O �t4eo �� Town of North Andover �°�, Office of'the Planning Department * * Community Development and Services Division It 1600 Osgood Street JUN 19 Pr"i 14, 1 North Andover,Massachusetts 01845 s"`" Se NOTICE OF DECISION ! Any appeal shall be filed V within(20) days after the MA SA Bldg. X8 A: Con/Com Health k. Fire Chief Police Chief Date: June 6,2008 Town Clerk DPW/Engineers Date of Hearings: May 20,2008,June 3,2008 Surrounding Towns Date of Decision:June 6,2008 Application of: Bell Atlantic Mobile of Mass Corporation,Ltd. d/b/a Verizon Wireless 400 Friberg Parkway Westborough, MA 01581-3936 Premises Affected: $1 Andover Street, MA 01845, Assessor's Map 24, Parcel 33, and within the General Business Zoning District. Referring to the above Application for a Special Permit Renewal under the requirements of the North Andover Zoning Bylaw, Sections 8.9 3(a)iii and MGL C:40A, so as to allow the applicants to operate a building mounted wireless service facility. Installed three arrays of four panel antennas for a total of twelve antennas located behind the parapet walls and placed communications equipment in the attic of the existing buildinCr g located at 401 Andover St. (Rte. 125) within the G-B zoning district. After a public hearing given on the above date, the Planning Board voted unanimously to APPROVE A SPECIAL PERMIT RENEWAL based upon the following conditions: Curt Bellavance,Director North Andover Planning Board John Simons,Chairman Alberto Angles, Vice Chairman Jennifer Kusek, Clerk Richard Rowen Timothy Seibert Bell Atlantic Mobile of Mass Corporation,Ltd.,d/b/a Verizon Wireless 401 Andover Street Special Permit-Renewal of Wireless Service Facility The Planning Board herein approves the Special Permit Renewal so astoallow the applicants to operate and maintain an existing building mounted wireless service migoustiRi-1 ok thfa arrays of four panel antennas (twelve total antennas) located .behind the parapet of the existing building, an equipment room in the attic space, and an emergency generator on the r o,"libe' 'd the parapet within the General Business zoning district. This renewal is anted urs ° 'a `° gr' p �1��,,.�Ia1�� c�hetts General Law, Chapter 40A and Section 8.9.12 of the North Andover Zoning Byaw, and will extend the above referenced Special Permit for a period three years. This Special Permit Renewal was requested by Bell Atlantic Mobile of Mass Corporation,Ltd., d/b/a Verizon Wireless, 400 Friberg Parkway,Westborough, MA 01581-3936. The application and additional documentation as cited herein was filed with the Planning Board on April 4, 2008. During the review process, the Applicant and its professional consultants also submitted various revisions to the plans along with various supplemental memoranda and correspondence in response to requests by the Planning Board, and by the various departments within the Town of North Andover that reviewed the project. All of these plans, reports and correspondence are•contained in. the Planning Board's files and are hereby incorporated by reference into the public record for this hearing. The Planning Board makes the following findings as required by the North Andover Zoning Bylaw Section 8.9: FINDINGS OF FACT: 1. The specific site is an appropriate location for the project as it is located on a pre-existing building and will blend with the surrounding neighborhood 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.. 3. The carrier has demonstrated that the continuation of 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. 4. The plan meets the requirements of the Wireless Service Facilities By-law section 8.9,with the exception of the waivers granted. 5. Adequate and appropriate facilities will be provided for the proper continued operation of the proposed use. The twelve(12)panel antennas,equipment room, equipment and cabling are described in detail on the plans and reports referenced herein. The carrier's existing equipment shelter will be an unoccupied,unmanned, specialized area for the wireless communications equipment. 6. The Radio-Frequency emissions of the facility meet applicable FCC guidelines and regulations, the application is in compliance with all FCC &other regulatory requirements. 7. The application is for the renewal of the Special Permit and as such, no new structures,antennas, cables,or equipment will be constructed or installed. 2 Bell Atlantic Mobile of Mass Corporation,Ltd.,d/b/a Verizon Wireless 401 Andover Street Special Pen-nit-Renewal of Wireless Service Facility 11 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 June 3, 2011. Prior to the expiration date of the renewed special permit, the applicant and its successors shall file a Renewal application. 12 The following waivers were granted in determining this decision: a. Section.8.9(5)(d)(iii)(3)-Tree cover on the subject property and all properties directly abutting the subject property,by dominant species and average height. b. Section 8.9(5)(d)(iii)(4)-Outline of all existing buildings,including purpose on subject property and all properties adjacent to the subject property. c. Section 8.9(5)(d)(iii)(8)-Identify the distances, at grade, from the proposed wireless service facility to each building on the vicinity plan. d. Section 8.9(5)(d)(iii)(12)-Line representing the sight line showing viewpoint and visible point from"Sight Lines". e. Section 8.9(5)(d)(iii)(13)-Location of all wetlands on subject property and within.100' of the proposed facility as approved by the Conservation Commission. f. Line representing the_sight line showing viewpoint and visible point from"Sight Lines" subsection below. g. Section 8.9(5)(d)(iv)(1)-Sight line representation.A sight line representation shall be drawn from any public road within 300 feet and the closest facade of each residential building (viewpoint) within 300 feet to the highest point(visible point)of the wireless service facility. h. Section 8.9(5)(d)(iv)(2)-Preexistent(before condition)photographs. i. Section 8.9(5)(d)(iv)(3)-Proposed(after condition)photographs. j. Section 8.9(5)(d)(iv)(4)-Siting elevations or views at-grade from the north, south,east and west for a 50-foot radius around the proposed wireless service facility plus from all preexistent public and private roads that serve the subject property. k. Section 8.9(5)(d)(v)(1)-Equipment brochures for the proposed wireless service facility such as manufacturer's specifications or trade journal reprints shall be provided for the antennas,mounts, equipment shelters, cables as well as cable runs, and security barrier. 1. Section 8.9(5)(d)(v)(2) Materials of the proposed wireless service facility specified by generic type and specific treatment. m. Section 8.9(5)(d)(v)(3)-Colors of the proposed wireless service facility represented by a color board showing actual colors proposed. n. Section 8.9(5)(d)(v)(5)-Appearance shown by at least two photographic superimposition's of 5 Bell Atlantic Mobile of Mass Corporation,Ltd.,d/b/a Verizon Wireless 401 Andover Street Special Permit-Renewal of Wireless Service Facility the wireless service facility within the subject property. o. Section 8.9(5)(d)(v)(6)-Landscape plan including preexistent trees and shrubs and those proposed to be added,identified by size of specimen at installation and species. p. Section 8.9(5)(d)(v)(7)- Schedule with the Planning Board a balloon or crane test at the proposed site, at the expense of the applicant,to illustrate the height of the proposed facility. q. Section 8.9(5)(d)(vii)(3)-Letter from the Massachusetts Department of Health approving the location of the site. 13. The following information shall be deemed part of the decision: a) Plan titled: Telecommunications Installation at:Route 125 North Andover,MA Prepared for. Bell Atlantic Mobile of Mass Corporation, Ltd. d/b/a Verizon Wireless 4.00 Friberg Parkway Westborough,MA 01581-3936 Prepared by: Daigle Engineers 1 East River Place Methuen,MA 01844 Scale: Variable Scale Date: April 25,2001,Revised January 2,2008 Sheets: 2 b) Application: Application by Bell Atlantic Mobile of Massachusetts Corporation, Ltd., d/b/a Verizon Wireless to renew the Special Permit for the existing Wireless Services Facility located at 401 Andover Street,North Andover,MA.for the renewal of a Special Permit Prepared for: Bell Atlantic Mobile of Mass Corporation, Ltd. d/b/a Verizon Wireless 400 Friberg Parkway ,Westborough,MA 01581-3936 Prepared by: Robinson&Cole,LLP C= One Boston Place Boston,MA 02108 "'` c Scale: Variable Scale 's � 'T� a.,5�. Dated: August 3, 2007 =_ �' -0 Ing-'.� Pages: Tabs A-L cc. Building Inspector .. Applicant Engineer 6 Bell Atlantic Mobile of Mass Corporation,Ltd.,d/b/a Verizon Wireless 401 Andover Street Special Permit-Renewal of Wireless Service Facility Finally,Planning Board find 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 Section 8.3,8.9,and 10.3,but requires conditions in order to be fully incompliance. The Planning Board hereby grants an approval to the applicant provided the following conditions are met: SPECIAL CONDITIONS: 1. Discontinuance Abandonment a) At such time that a licensed carrier plans to abandon or discontinue operation of wireless service equipment, such carrier will notify the Town by certified US mail of the proposed date of abandonment or discontinuation of operations. Such notice shall be given no less than 30 days prior to abandonment or discontinuation of operations. In the event that a licensed carrier fails to give such notice, the wireless service equipment shall be considered abandoned upon discontinuation of 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) Given that there is no escrow. the Town may place a lien upon the property covering the difference in cost. d) The equipment shall be deemed to be abandoned or discontinued if it has not been used for the purpose for which it was originally constructed for a period of six (6) months or more. Once abandonment.or discontinuance has occurred, the carrier shall remove the equipment placed by the carrier from the subject property within ninety days. In the event that the carrier fails to remove the equipment, the town shall give notice to the carrier and the independent escrow agent that the equipment shall be removed by the escrow agent forthwith and the escrow agent, after affording written notice seven days in advance to the carrier, shall remove the facility. 2. Term of Special Permit. a) A Special Permit issued for any wireless service facility shall be valid for three(3)years. The special permit may be renewed under the same criteria as the original special permit,provided that the application for renewal of the special permit is made prior to the expiration date of the original or any renewed special permit. Additional measures governing the administration of the special permit are found in Section 10.3 of the Zoning Bylaw. b) The applicant shall submit to the SPGA within 90 days of the issuance of the Special Permit 3 Bell Atlantic Mobile of Mass Corporation;Ltd.,d/b/a Verizon Wireless 401 Andover Street Special Permit—Renewal of Wireless Service Facility . a renewal, 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 of this Bylaw. This condition shall be in effect until such time as an additional carrier proposes equipment on this facility. At that time,this obligation will fall upon the proponent of the additional equipment so as to obtain a better measure of the cumulative effect of the facility. c) The applicant and co-applicant or their successor in interest shall maintain the wireless service equipment in good condition. Such maintenance shall include, but shall not be limited to, painting, structural integrity of the flagpole-style monopole and maintenance of the buffer and landscaping, as applicable. d) A certified copy of the recorded decision must be submitted to the Planning Department. e) 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. 3 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. 4 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. 5 If applicable, 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. 6 The original Special Permit granted on June 2, 2005 (recorded on April 15, 2005) 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. 7 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. 8 The applicant shall immediately inform the Planning Department in writing of any/all changes in name, company ownership, and contact information. 9 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. 10 Any revisions shall be submitted to the Town Planner for review. If these revisions are deemed substantial,the applicant must submit revised plans to the.Planning Board for approval. 4 t f cd d 4• G n a Cy a 4- i �' i -Town own of A®lo tlI A),l vor NORT// F Office of the Zoning hoard of Appeals � o } ca Community Development and Services Division ; s e 27 Charles Street ... « North Andover,Massachusetts 01845 swCHU D. Robert Nicetta. Telephone(978)688-9541 Building Commissioner Fax(978)688-9542 c� � _ r --F O C7 fTif : Any appeal shall be filed Notice of Decision within(20)days after the Year 2002 A � ` date of filing of this notice -O o M o r• in the office of the Town Clerk t Property at: 401 Andover Street* �� s c' A NAME: Cellco Partnership d/b/a Verizon Wireless,400 DATE: August 8,2002 Friber Parkway,Westborough,.MA 01581 ADDRESS: for remises at: 401 Andover Street PETITION: 2002-004 North Andover,MA 01845 HEARING: 2/12/02,3/12/02,& 8/1/02 The North Andover Board of Appeals held an"under advisement"hearing at its special meeting on Thursday, August 1,2002 at 5:00 PM in the Town Hall Library upon the application Cellco Partnership d/b/a/Verizon Wireless for premises affected at 401 Andover Street,North Andover,MA requesting a Variance from Section 8.9, Paragraph 8.9.3(cxvxl)for relief from the 600 foot minimum setback requirement from the property line of properties which are either zoned for,or contain residential and/or educational uses ofany types. Said premise affected is property with frontage on the west side of Andover Street within the General Business(GB)zoning district, The following members were present: Robert P.Ford,John.M.Pallone,Ellen P.McIntyre,George M.Earley,and Joseph D.LaGrasse. Upon a motion made by Joseph D.LaGrasse and 2nd by George M.Earley,the Board voted to GRANT the dimensional Variance for relief from Section 8.9,Paragraph 8.9.3(cxvxl)of 520'a4 shown on plans titled . Proposed Cellular Communication Facility Route 125—401 Andover Street,North Andover,Massachusetts for Verizon Wireless,400 Friberg Parkway,Westborough,MA 01581-by Robert Kenneth Daigle,Registered Professional Structural Engineer#28583;Daigle Engines,Inc.,I East River Place,Methuen,MA,T-1 5/21/01, rev. 1/7/02&S=1 dated4125/.01 Robert Kenneth Daigle Sitrudurat Engineer#28583 and gl ,Registered Professional Scott D.Cameron,Professional Land Surveyor#35393,Site Plan 2957,dated 1 U29/00,and Scott D.Cameron, Professional Land Surveyor#35393,R E.Cameron&Associates,Inc.,681 Washington St.,Norwood, Massachusetts,Vicinity Plan 2957 dated 12/28/01. The Board fords that the peti ph 8.9.3(cxv)(1)that ensures public safety by a 600',or,2a / 4'high antennas to the existing 5 high hip-roof deck.parapet mg.the antennacolor to the parapet color;and provisions ({J_. �- % Ili I hat the granting ofthese variances will not adversely of L J IC 'f V ( �d P ofthe Zoning Bylaw. Voting in favor: Robert P.Fat ,arley,and Joseph D.LaGrasse. —� -0 boo BOARD OF APPEALS 688-9541 1 q S NFA( a�(J J 688-9540 PLANNING 688-9535 17ckjv— w Office of the Zoning Bard of Appeals Community Development and Services Division V s 27 Charles Street North Andover,Massachusetts 01845 �tS wino swcwus� D. Robert Nicetta Telephone(978)688-9541 Building Commissioner Fax(978)688_9542. Q Ct.1 (- ^�O n c� r•�r: Any appeal shall be filed Notice of Decision within(20)days after the Year 2002 ` date of filing of this notice a o ::Z] Property in the office of the Town Clerk Property at: 401 Andover Street s NAME: Cellco Partnership d/b/a Verizon Wireless,400d8/1/02 DATE: August 8,2002 VE D Friber Parkway,Westborou ,.MA 01581 0 ADDRESS: for remises at: 401 Andover Street PETITION: 2002-004 L . North Andover,MA 01845 HEARING: 2/12/ o 3/12/02,& The North Andover Board ofAppeals held an"under advisement"hearing at its special meeting on Thursday, August 1,2002 at 5:00 PM in the Town Hall Library upon the application Cellco Partnership d/b/a/Verizon Wireless for premises affected at 401 Andover Street,North Andover,MA requesting a Variance from Section 8.9, Paragraph 8.9.3(cxvxl)for relief from the 600 foot minimum setback requirement fiom the properly line of properties which are either zoned for,or contain residential and/or educational uses of any types. Said premise affected is property with frontage on the west side ofAndover Street within the General Business(GB)zoning district. The following members were present: Robert P.Ford,John.M.Pallone,Ellen P.McIntyre,George M.Earley,and Joseph D.LaGrasse. Upon a motion made by Joseph D.LaGrasse and 2nd by George M.Earley,the Board voted to GRANT the dimensional Variance for relief from Section 8.9,Paragraph 8.9.3(cxvXl)of 520'a4 shown on plans titled . Proposed Cellular Communication Facility Route 125—401 Andover Street,North Andover,Massachusetts for Verizon Wireless,400 Friberg Parkway,Westborough,MA 01581-by Robert Kenneth Daigle,Registered Professional Structural Engineer#28583;Daigle Engineers,Inc.,I East River Place,Methuen,MA:,T-1 5/21/01, rev. 1/7/02&S-1 dated 4t25101,Robert Kenneth Daigle, Engineer#28583 and gl ,Registered Profissional Vii` Scott D.Cameron,Pro&ssional Land Surveyor#353931 Site Plan 2957,dated 11/29/00,and Sw t D.Cameron, Professional Land Surveyor#35393,R.E.Cameron 8c Associates,Inc.,681 Washington St.,Norwood; Massachusetts,Vicinity Plan 2957 dated 12/28/01. The Board finds that the petitioner has:satisfie d the intent of Section 8.9,Paragraph 8.9.3(cXv)(1)that ensures public safety by a 600',or,2x the height`fall"zone"set back by attaching the ca.4'high antennas to the existing 5'high hip-roof deck-parapet,and the intent of Paragraph 8.9.4(axi)(2)by matching the antenna color to the parapet color;and provisions of Section 10,paragraph 10.4 of the Zoning Bylaw that the granting of these variances will not adversely affect the neighborhood or derogate from the intent and purpose of the Zoning Bylaw. Voting in favor: Robert P.Ford,John M.Pallone,Ellen P.McIntyre,George M.Earley,and Joseph D.LaGrasse. Pagel of 2 BOARD OF APPEALS 688-9541 BUILDNG 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANINNG 688-9535 - 17 Liv ZBA 0 5'61 Date ............. ,AORT#4 TOWN OF NORTH ANDOVER RECEIPT This certifies that............................. ..................... ,;......................... haspaid.................................................................................................. for.....................................................................................(' ....................... Receivedby............................................................................................. Department.............................................................................................. WHITE: Applicant CANARY:Department PINK Treasurer A , a�6 � ROBINSON & COLELLP BOSTON • HARTFORD • STAMFORD • GREENWICH • NEW YORK LAW OFFICES Michael S. Giaimo One Boston Place 617-557-5959 Boston,MA 02108-4404 Internet mail: 617-557-5900 mgiaimo©bost.rc.com Fax 617-557-5999 v 0 , D �.�8:12 2002 BOA��OF RPPEALS ROBINSON & COLELLP BOSTON • HARTFORD STAMFORD GREENWICH • NEW YORK Eric A.Jerman LAW OFFICES Land UeAneitvsd One Boston Place 617-557-5956 Boston,MA 02108.4404 Internet mail: 617-557-5900 ejerman©bost.rc.com Fax 617-557-5999 Town of North Andover � doff Office of the Zoning Board of Appeals �3: •`. oop Community Development and Services Division • _ 27 Charles Street North Andover,Massachusetts 01845 s�cwus D. Robert Nicetta. Telephone(978)688-9541 Building Commissioner Fax(978)688-9542 0 07) Lr) `'- oMCDr: M Furthermore,if the rights authorized by the Variance are not exercised within one(1)year of the date oft "grant, it shall lapse,and may be re-established only after notice,and a new hearing. Furthermore,if a Special Permit granted under the provisions contained herein shall be deemed to have lapsed after a two(2)year period from the date on which the Special Permit was granted unless substantial use or construction has commenced, it shall lapse and may be re-established only after notice,and a new hearing. Town of North Andover Board of Appeals AS Robert P.Fo)H,Acting Chairman Decision2002-004 Page 2 of 2 BOARD OF APPEALS 688-9541 BUILDNG 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535 • t Postage $ Y Certified Fee O ru Return Receipt Fee (Endorsement Required) �. Postmark M • . Restricted Delivery Fee Here ...0 • . . . (Endorsement Required), F^✓r ru Total Postage&,FeesI( ; l ru Sent To: I .. r` 35- Peters StreetLn . o V� i p t I PS Form 3800,June 2000 US Postal Service Certified Mail fieceip E. Jerma / 'T9247e0130 i r Postage $ rU rU Certified Fee ru Return Receipt Fee (Endorsement Required) Postmark M , . .,_ Restricted Delivery Fee Here - (Endorsement Required) o F 1 P i� rU Total Postage&Fee's $ za ru Sent To: a, r a sire Realty 'gust c >� o Ln * & x4.E. George, Trust" 4 Ln 330 Andover Street North Andover MA 01€ cp1 j 0 a N PS Form 3800,June 2000 US Postal Service Certified Mail Receip E. Jerman j 19247.0130 4 Postage $ M Certified Fee ru Return Receipt Fee (Endorsement Required) ii Postmark m _ .,. Restricted Delivery Fee Here -El (Endorsement Required) O • . • , ru Total Postage&Fees _ U' IU Sent To: rq „y L Brian & Patricia Siffeflan LO LO 46 Wilson greet North Ando irer 31 KA 01845 ciy PS Form 3800,June 2000 US Postal Serviceop Certified Mail Receip'E. 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Cv rU Total Postage&Fees �o Y ru Sent To: a o s� ' o Ln 471 Andover tee' „t North Andover¢ 14A 01,845 a fi PS Form 3800,June 2000 US Postal Service Certified Mali=ReCelp E. Jerman / 19247.013() . 3 -. Postage t Certified Fee fu • ru Return Receipt Fee' (Endorsement Required) _ Postmark M Restricted Delivery Fee Here a • - (Endorsement Required) �. -FT Po/ rU Total Postage&Fees ru Sent To: _ j. -1 James lakovakfs ETis 419 , tdover St North Andaver, PS Form 3800,June 2000 US Postal Service Certified Mail Receip E. Jermar. / 19247;0130 US Post I ai SeNice Postage $ Receipt for r` Certified Fee ru Certified ru Return Receipt Fee 'Mail (Endorsement Required) Postmark= MNo Restricted Delivery Fee Here Provided.pce (Endorsement Required) D.Not use i6r in • SORT / ni Total Postage&Fees Nrs� rt1 Sent To: co in Thompsona Reis tar g s o .0- Box W SOLn North Andover, tj , 0184 �otitio:, o PS Form 3800,June 2000 US Postal Service Certified Mall ReCelp E. 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Return Receipt Fee Mail (Endorsement Required) Postmark � mNo Insurance Coverage _ Restricted Delivery Fee Here Provided (Endorsement Required) Do Not Use for Internation-0 _ ru al Mail Total Postage&FeesEr n.) Sent To: 'mom a o Kevin F. Doole Ln Judith Tighe Ln 8 Rock Road �titi (COP i .n North Andover, MA 01845 PS Form 3800,June 2000 US Postai Service Certified Mail Receip E. Jerman / 19247.0130 �.- •• ! �� Postage $ Certified Fee O M - ru Return Receipt Fee (Endorsement Required) � Postmark m _ � _ -�. Restricted Delivery Fee Here .A (Endorsement Required) 9. �cr co ru Total Postage&Fees sT ru Sent To: j- Ln �a a George ealty Tr'aetLn T.E. & E.M. George, Trustees360 Andover Street nort=h. Andover, A €184.E o . . a PS Form 3800,June 2000 US Postai Service Certified Mail Receipt E. Jerman / 19247.0130. C(OPY - -- _ - US Postal Service Postage $ Receipt • m Certified Fee - • ru I I Return Receipt Fee, Mai (Endorsement Required) Postmark S mNo Insurance e M Restricted Delivery Fee Here .D (Endorsement Required) Provided Do Not Use for Internation— Total Postage&Fees o-. W ru Sent To av�li� Plumb 2 Trust, John cGa rry C, 401 Andover Street � o Ln North Andover," MA 01845 . , y� t PS Form 3800,June 2000 US Postai Service Certified Mail Receipt E. Jerman / 19247..0130, r J ,r Town of North Andover E „ORT►, O ° °•4'O Office of the Zoning Board of Appeals Community Development and Services Division Heidi Griffin, Division Director 27 Charles Street �9SSA[HUS D. Robert Nicetta P ( )978 hone North Andover,Massachusetts 01845 Tele 688-9541 Building Commissioner Fax (978)688-9542 N O o r_. C:-1 a �CD s M N SWC N r � , Legal Notice o n o M North Andover Board of Appeals D o M 49 7;0 N U-1 Notice is hereby given that the Board of Appeals will hold a public hearing at the Senior Center, 120R Main Street, North Andover,MA on Tuesday the 12th of February, 2002 at 7:30 PM to all parties interested in the appeal of Cellco Partnership d/b/a/Verizon Wireless for premises affected at 401 Andover Street, North Andover,MA requesting a Variance from Section 8.9, Paragraph 8.9.3(c)(v)(1) for relief from the 600 foot minimum setback requirement from the property line of properties which are either zoned for,or contain residential and/or educational uses of any types. Said premises affected is property with frontage on the west side of Andover Street within the General Business(GB) zoning district. Plans are available for review at the office of the Building Department, 27 Charles Street, North Andover, MA; Monday through Thursday during the hours of 9:30 AM to 3:00 PM. By order of the,Board of Appeals William J. Sullivan, Chairman Published in the Lawrence Eagle-Tribune on January 28,2002 and February 5, 2002. CN N�mO�C�mIE L`.W010'CCOd'N WCO _— mf�t>.m0 mfA�C f1 E co V ¢ ¢��nc�oLoma�mZ�o^ EEcmmomo- ZC'.S'� oQ>E� wwwa a _G �NOCm -NO>O�—mCU �itl cC7� lOmm �� z5<05 m O '828&AQLmQmYmUN m�U���T�W9 �cQ a uE. v� �o-iULL Opspamo�cr«NC03T& cnc%omm��.'.2 I'D >ommID QRQ >.EE N ZZQZQIair�aUZ0cc, 0i� Eoim.xof o°'`�tmcm mQ..�N�, mom el Legalnotice2002-004 X 31=-a x o T o a�� N'D LDp m���L tO D 3 0:a T m 3 N L� N L�� _tom mcd QO¢C7�OCD0310 E16D �maEmmmOcamQTy3y' mmrnN F c OJROQ�rominc'o_nn�`oQ>cp>�m�mvico�m3mc _mio�ooy-' �o Z ZmZ•-•L�CO=00<�`W��m t�m EEOC C-q) 010 ti a- �LC2 o� F-N. «3«��LL�«c mvQ>d m E nNv n«(qm: mmUQE2- Wvi BOARD OF.APPEALS 688-9541 BLTILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535 r e ♦ i i T'oi4n of North Andover E NORTH 7 O t�ao ,a h Office of the Zoning Board of Appeals to Community Development and Services Division � Heidi Griffin, Division Director ��-- 27 Charles Street North Andover,Massachusetts 01845 978 Telephone D. Robert Nicetta P ( )688-9541 Barildirrg Cona»aissrof7er Fax (978)688-9542 N O C= C.. OM(I NS-n�f Legal Notice 2f: o , North Andover Board of Appeals D < 10 M N Notice is hereby given that the Board of Appeals will hold a public hearing at the SeniorU'1 Center, 120R Main Street,North Andover,MA on Tuesday the 12th of February, 2002 at 7:30 PM to all parties interested in the appeal of Cellco Partnership d/b/a/Verizon Wireless for premises affected at 401 Andover Street,North Andover,MA requesting a Variance from Section 8.9, Paragraph 8.9.3(c)(v)(1) for relief from the 600 foot minimum setback requirement from the property line of properties which are either zoned for, or contain residential and/or educational uses of any types. Said premises affected is property with frontage on the west side of Andover Street within the General Business (GB) zoning district. Plans are available for review at the office of the Building Department, 27 Charles Street, North Andover, MA; Monday through Thursday during the hours of 9:30 AM to 3:00 PM. By order of the Board of Appeals William J. Sullivan, Chairman Published in the Lawrence Eagle-Tribune on January 28,2002 and February 5, 2002. 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Je m.an / 192.47:0130 PostalUS Service Postage Receipt �, N Certified Fee IT! ru Return Receipt Fee Mail (Endorsemeik Required) M Postmark MNo Restricted Delivery Fee Here 11 '- OProvided (Endorsement Required) •. . - Ma rU Total Postage&Fees $ _ ru Sent To: Lrl Patricia S f--t vA: PS Form 3800,June 2000 US Postai Service Certified Mail Recei JermaTL 3 -1,9247-0130 r � - - - - �- � . � "';�.: r r .`.r' .: fu $ Postage i `D Certified Fee lT7 nlReturn.Receipt Fee t l (Endorsement Rii juired) PostrnarK Re'str'icted Delivery Fee Here -� (Endorsement Required) i O ..Not Use for Internation- $ ,. iTotal Postage 4 Fees p01NTSTq €: ru Sent To: }}} % -R / Ln [� beT3 .o. "etti7i a .�rUsea Ln .14 Highland Terrta- Jo North, X—ALOO rq PS Form 3800,June 2000 US.Postal Service Certified Malt RCI E. Jerman / 19247.0130 Us os .- Posta ge $ Receiotj O i Certified Fee mCertified ru Return ReceiptFe e .. 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Return Receipt Fee. ni ! ail (Endorsement Required) j Postmark M erage 77 No Insurance Cm Restricted Delivery Fee Here Provided (Endorsement Required) D.Not Use for Internation- 4r PO at Mail r Total Postage&Fees IU 'Sent To: . LO a'go, Realty....True or.ge Ln z : north Arit$ati er, 6184 0 a .. PS Form 3800,June 2000 US Postal Service Certified Mail ReceiPi E. Jerman / 19247.0130 US Postal Service $ Postage Receipt r CO M Certified Fee m Certified ru Return Receipt Fee, Mail (Endorsement Required) POStmafk M Insurance Restricted DO"I '-y`Fee Here "� � Provided d (Endorsement Required) O ..Not Use for Internation— ru Q. Total Postage&Fees fU Serit To ry P1u;IA 2 Trutt, J"Ohn xVIC rr N 401 Andovet, tv*et a� 00 U7 Iy 1E7r.i: AndA`4 e-r, . 01843 i 1 0 A' O N PS Form 3800,June 2000 US Postal Service Certified Mail Receipt E. Jerman / 19247..0130- ����d (' , ,� ., .a � ! � _ i f f r I i I I L i I i r CE BRA H,.1 TO WN CLERK "C'I j' H A-NDO VEP Zoo' JUL r l A r(: 52 There will be a Special Zoning Board of Appeals Meeting On August 1, 2002 at 4:00 p.m. In the Town Hall Library Conference Room 120 Main Street North Andover To discuss Cellco Partnership d/b/a Verizon Wireless Currently under advisement To: Michael S. Giaimo, Esq. As of 10:15 AM 7-31-02, all 5 Board members have been notified. Fax: 617-557-5999 CC: David Tivnan Also notified : John McGarry i r— � �_ i l a � a /• .. s .. � URBELIS&FIELDSTEEL,LLP 155 FEDERAL STREET BOSTON,MASSACHUSETTS 02110-1727 THOMAS J.URBELIS Telephone 617-338-2200 Andover Office E-MAIL:tju@uf-law.com Telecopier 617-338-0122 Telephone 978-475-4552 December 14, 2005 North Andover Zoning Board of Appeals North Andover Town Offices 400 Osgood Street North Andover,MA 01845 RE: NEW CINGULAR WIRELESS VS. TOWN OF NORTH ANDOVER,ET AL. Cctl�c�s Dear Members of the Board: Enclosed for your reference please find: 1. An Agreement for Judgment in the Federal District Court case of Cellco Partnership d/b/a Verizon Wireless v. The Town of North Andover, et al. signed on the Town's behalf by Attorney John J. Cloherty III who was retained by the Town's insurance carrier to represent the Town and the Planning Board; and 2. The Judgment entered in the Federal District Court case of Cellco Partnership d/b/a Verizon Wireless v. The Town of North Andover, et al. Very truly yours, Thomas J. elis TJU:kmp Enclosures cc: Board of Selectmen(w/enc) Mark Rees(w/enc) Gerald S. Brown (w/enc) Curt Bellavance (w/enc) DEC 11612 005LI' ll BOARD OF APPEALS w:\wp51\work\n-mdove\comesp\zoning board ltr4.doc �f`r :� 0 �-! l �� ,��al I +9��- h IGS-�Ctl'� a� avo • b ��.� l �l UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MASSACHUSETTS CELLCO PARTNERSHIP.d/b/a ) VERIZON WIRELESS, ) Plaintiff, ) V. ) THE TOWN OF NORTH ANDOVER, ) MASSACHUSETTS, THE TOWN OF ) NORTH ANDOVER PLANNING BOARD, ) C.A. NO: 03CV10362MEL and JOHN SIMONS, ALBERTO ANGLES, ) FELIPE SCHWARTZ, RICHARD NARDELLA ) GEORGE WHITE, and JAMES PHINNEY, ) as they are the Members and Associate ) Members of the Town of North Andover ) Planning Board, ) Defendants. ) AGREEMENT FOR JUDGMENT This Agreement for Judgment (the "Agreement") is made by, and among the following parties: The Plaintiff Cellco Partnership d/b/a Verizon Wireless ("Verizon Wireless"), a Delaware general partnership with an office at 400 Friberg Parkway, Westborough, Massachusetts, and with a principal place of business at 180 Washington Valley Road, Bedminster, New Jersey; The Defendant Town of North Andover ("Town"), a duly constituted municipality in Massachusetts, with its principal office located at 120 Main Street,North DEC 1` ` 1b ' and BOARD OF APPEALS BOSTI-821904-3 05/14/04 4:50 PM The Defendant Planning Board of the Town of North Andover("Board"), a duly constituted board with an office located at 120 Main Street, North Andover,MA and the Defendant members, associate members and former members of the Planning Board. WHEREAS Verizon Wireless' sought a wireless service facility special permit and site plan special permit pursuant to Sections 8.9 and 8.3 of the North Andover Zoning Bylaw to authorize the construction and operation of a "wireless service facility" consisting of a proposed rooftop installation of antennas and equipment on and inside an existing building on private property at 401 Andover Street,North Andover("the Site"); WHEREAS Verizon Wireless had previously received a setback variance from the North Andover Zoning Board of Appeals to allow the proposed wireless service facility to be located at the Site, which variance remains in full force and effect and has been tolled by the pendency of this litigation; WHEREAS after conducting public hearings on Verizon Wireless' application for site plan special permit, the Planning Board voted to deny the application; WHEREAS Verizon Wireless made claims under Section 704 of the Telecommunications Act of 1996,Pub. L. No. 104-104 ("the Telecommunications Act"), codified at Section 47 U.S.C: §332(c) (7), 42 U.S.C: §1983, and related state law claims; WHEREAS this Court has subject matter jurisdiction over this action pursuant to 47 U.S.C. § 332(c) (7) (B) (5), 28 U.S.C. § 1331, 28 U.S.C. §§ 2201-2202, and 28 U.S.C. § 1367. WHEREAS the parties wish to resolve this dispute amicably; WHEREAS both the First Circuit and this Court have encouraged settlements between wireless providers and land use regulatory boards by means of consent judgments in appropriate circumstances. See Brehmer v. Planning Board of the Town of Wellfleet 238 F.3d 117, 121 (1st 2 Cir. 2001) (concluding that, in cases under the Federal Telecommunications Act of 1996, it is I not unreasonable for the board to settle with the applicant on the terms most favorable to the town" and that such settlements "are fully consistent with the TCA's aims"); Town of Amherst v. Omnipoint Communications, 173 F.3d 9, 16-17 (1st Cir. 1999) ("[I]t is in the common interest I of[zoning boards] and [telecommunications companies] to find ways to permit the siting of towers in a way most congenial to local zoning"); Patterson v. Omnipoint Communications Inc., 122 F. Supp.2d 222, 228 (D. Mass. 2000) (in appropriate circumstances, "it behooves that board to settle with the Plaintiff company on the most favorable terms possible; rather than spend more on litigation, with the potential to receive less favorable terms from a judgment"); WHEREAS, the parties now desire to settle the above-captioned litigation; i NOW THEREFORE, for adequate consideration, the receipt and sufficiency of which are hereby acknowledged, the parties to this Agreement agree as follows: 1. All parties, through their duly authorized counsel, stipulate and agree to the entry of the Final Judgment (in the form submitted herewith as Exhibit 1). All parties expressly waive all right to appeal from the Final Judgment so entered. 2. All parties, through their duly authorized counsel, stipulate and agree that the Plaintiff may construct and operate its wireless communications facility, consisting of three arrays of four panel antennas behind the parapet of an existing building, with equipment located within the attic space of the structure and an emergency generator on the rooftop behind the parapet, consistent with plans entitled"TelecommurLcation's Installation at Route 125 North Andover, MA" prepared by Daigle Engineers, Inc., dated April 25, 2001, Drawings No. S-1 and S-2 as most recentlyrevised on January 2 200 3. The installation ry and operation of the wireless communications facility at the Site shall be pursuant to a Wireless Service Facility and Site Plan 3 Special Permit, to be issued by the Board forthwith and without any further hearings, subject only to those conditions set forth in Exhibit A to Exhibit 1 hereto ("the Special Permit i Decision"). The Planning Board shall, promptly upon request by Verizon Wireless, endorse mylar plans and take such other actions related to its authority that may be necessary or appropriate to effectuate and facilitate the obtaining of a building permit and occupancy permit by Cellco. 3. The parties further agree that upon Plaintiff's submission to the Town Building Department of any plans, fees or other information required by the state Building Code or by local bylaws or regulations pertaining to building, and provided that the Plaintiff s submissions and work pursuant to the submissions comply with the applicable Building Code or building bylaws or regulations, the Town Building Department shall without requiring any further zoning procedure or relief, issue the necessary building permits, electrical permits and certificates of occupancy for the construction and use of the proposed wireless communications facility at the Site in accordance with the plans approved by the Planning Board as set forth in the Special Permit Decision. 4. The Defendants acknowledge and agree that the provisions of the North Andover Zoning Bylaw pertaining to post-construction and annual radiofrequency emissions monitoring and reporting to the Planning Board(Sections 8.9.5.(d)(i) and 8.9.8 (a)) shall not be enforced against the Plaintiff. The Plaintiff represents and agrees that it will operate its facility in compliance with applicable Federal Communications Commission requirements. 5. Upon the issuance of a building permit by the Town of North Andover Building Inspector for the Plaintiffs' proposed wireless communications facility at the Site in accordance with this Agreement and the Judgment entered pursuant hereto,Plaintiffs agree to file with the state court 4 I a stipulation dismissing their state zoning appeal No. Land Court Dept. Misc. No. 287982. 6. In the event that the Plaintiff applies to the Town of North Andover or any board or official thereof for building or zoning permission for any future wireless communication facility that is not the subject of this Agreement and the Judgment entered pursuant hereto, nothing contained in this Agreement or in the federal Judgment or the state Stipulations of Dismissal entered pursuant hereto shall operate as res judicata or collateral estoppel with respect to any claim or defense asserted by any party in any litigation arising out of any such application. 7. Each party respectively represents and warrants that this Agreement has been duly authorized by all necessary votes, actions, and other requirements of the Plaintiff, of the Town of North Andover, and of the North Andover Planning Board and its members and associate members, and constitutes a legal, valid and binding obligation in accordance with its terms, and that no consent or permission related to the obligations assumed by this Agreement is required under any covenant, agreement, or encumbrance or under any law or regulation of any governmental entity or jurisdiction. Without limitation, the undersigned Counsel represent and warrant that they have been authorized by their respective clients to execute and do hereby execute this Agreement settling the Litigation. GENERAL PROVISIONS,AND PROMISES A. The rights and obligations of the parties to this Agreement shall be construed and enforced in accordance with the Federal Telecommunications Act of 1996 and, subject thereto, in accordance with the laws of the Commonwealth of Massachusetts. B. This Agreement and the accompanying attachments constitute the entire agreement with respect to the subject matter hereof and supersedes all prior and contemporaneous oral and written agreements and discussions. 5 C. The Plaintiffs and the Defendants agree to cooperate and to act in good faith to achieve the terms of this Agreement. The Defendants shall not oppose in any way, directly or indirectly, Plaintiff's construction and use of the wireless communications facilities at the Site. D. The parties stipulate and agree that the Plaintiff as referred to in this Agreement and in the Final Judgment entered pursuant hereto shall refer to the named Plaintiff and its employees, agents, contractors, successors, assigns and affiliates, and that the Defendants referred to in this Agreement and in the Final Judgment entered pursuant hereto shall refer to the named Defendants and their successors, assigns, subordinate boards, officials, contractors, employees and agents. PLAINTIFF, CELL CO PARTNERSHIP TOWN OF NOR TH AND 0 VER, et aL d/b/a VERIZON WIRELESS, By their attorneys By Its Attorneys, PIERCE, DAVIS & PERRITANO, LLP ROBINSON& COLE LLP 1 David B. Wilson, BBO# 548359elUinthrop lohe III 6C)4 Michael S. Giaimo, BBO# 552545 Square One Boston Place Boston, MA 02110-1257 Boston, MA 02108-4404 617-350-0950 617-557-5900 Date: May_, 2004 6 CERTIFICATE OF SERVICE I, Michael S. Giaimo hereby certify that on May , 2004, I caused a copy of the above document to be mailed, postage prepaid to the following: John J. Cloherty III. Pierce, Davis &Perritano, LLP j Ten.Winthrop Square Boston, MA 02110-1257 Michael S. Giaimo 7 r EXHIBIT 1 UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MASSACHUSETTS CELLCO PARTNERSHIP d/b/a ) VERIZON WIRELESS, ) Plaintiff, ) V. ) THE TOWN OF NORTH ANDOVER, ) MASSACHUSETTS, THE TOWN OF ) NORTH ANDOVER PLANNING BOARD, ) C.A. NO: 03CV10362MEL and JOHN SIMONS, ALBERTO ANGLES, ) FELIPE SCHWARTZ, RICHARD NARDELLA ) GEORGE WHITE, and JAMES PHINNEY, ) as they are the Members and Associate ) Members of the Town of North Andover ) Planning Board, ) Defendants. ) FINAL JUDGMENT AND ORDER The Joint Motion of the plaintiff Cellco Partnership d/b/a Verizon Wireless ("Verizon Wireless"), a Delaware general partnership with an office at 400 Friberg Parkway, Westborough, Massachusetts, and with a principal place of business at 180 Washington Valley Road, Bedminster,New Jersey and the Defendant Town of North Andover("Town"), a duly constituted municipality in Essex County, Massachusetts, with its principal office located at 120 Main Street, North Andover, MA; and the Defendant Planning Board of the Town of North Andover("Board"), a duly constituted board with an office located at 120 Main Street, North Andover, MA and the Defendant members, associate members and former members of the Planning Board, represented by counsel, for Entry of Final Judgment having come before the 8 Court, and all interested parties having been served with notice thereof, and a hearing having been held, it is hereby ORDERED as follows: 1. Verizon Wireless may locate its wireless communications tower and wireless communications facilities on and within an existing building at 401 Andover Street, North Andover("Site"). The installation and operation of the wireless communications facility at the Site shall be pursuant to a Special Permit, to be issued by the Board forthwith and without any. further hearings, subject only to those conditions set forth in Exhibit A hereto ("the Special Permit Decision"), and the variance previously issued by the North Andover Zoning Board of Appeals,without the need for any further permits or approvals other than a building permit from the Town of North Andover Building Inspector. The Planning Board shall, promptly upon request by Verizon Wireless, endorse mylar plans and take such other actions related to its authority that may be necessary or appropriate to effectuate and facilitate the obtaining of a building permit and occupancy permit by Cellco. The provisions of the North Andover Zoning Bylaw pertaining to post-construction and annual radiofrequency emissions monitoring and reporting to the Planning Board(Sections 8.9.5(d)(i) and 8.9.8 (a)) shall not be enforced against the Plaintiff.. The Plaintiff represents and agrees that it will operate its facility in compliance with applicable Federal Communications Commission requirements. 2. The Defendant Town of North Andover, through its municipal boards and officials, shall upon application and the presentation of any plans, fees and other information. as may be required by the state Building Code for such documents, forthwith issue any necessary building permits, electrical permits and certificate of occupancy for the construction and use of 9 the proposed wireless communications facility at the Site in accordance with the Special Permit i Decision. 3. Upon the issuance of building permits by the Town of North Andover as set forth above, the Plaintiff shall file with the state court a stipulation dismissing its state zoning appeal Land Court Dept. Misc. No. 287982. 4. In the event Verizon Wireless applies to the Town of North Andover for zoning permission for any future wireless communication facility that is not the subject of this Judgment, nothing contained in this Judgment or the state Stipulations of Dismissal entered pursuant hereto shall operate as res Judicata or collateral estoppel with respect to any claim or defense asserted by any party in any litigation arising out of any such application. 5. Each party shall bear its own costs, including attorneys' fees, and there shall be ro damages awarded. Lasker, J. United States District Court Dated: May_, 2004 10 EXHIBIT A SPECIAL PERMIT On the application by Verizon Wireless for a wireless service facility special permit and a site plan special permit with respect to property located at 401 Andover Street,North Andover, Massachusetts owned by John McGarry, Plum 2 Trust, 401 Andover Street, North Andover pursuant to a deed recorded at Essex Registry of Deeds, Book 1773, Page 250, the Planning Board,pursuant to the Judgment and Order of the Federal District Court issues the requested special permits as follows: Wireless Service Facility Special Permit The Planning Board makes the following findings as required by the North Andover Zoning Bylaw Section 8.9: Findings of Fact: 1. The antenna arrays are to be affixed behind the parapet of an existing structure and painted the same color as the structure to camouflage the facility and minimize visual impact. Ancillary equipment and generators will be located within the structure and behind the parapet. The installation will be in accordance with plans entitled "Telecommunications Installation at Route 125 North Andover,MA" prepared by Daigle Engineers, Inc., dated April 25, 2001, Drawings No. S-1 and S-2 as most recently revised on January 2, 2003. 2. The Radio-Frequency emissions of the facility meet applicable FCC guidelines and regulations. 3. The carrier has demonstrated that the facility is necessary in order to provide adequate service to the public. 4. The plan meets the requirements of the Wireless Service Facilities By-law Section 8.9. 5. A zoning variance for relief of 520 feet from the 600 foot"fall zone" setback was granted on August 1, 2002 by the Zoning Board of Appeals. 6. Adequate and appropriate facilities will be provided for the proper operation of the proposed facility. 7. The use as developed will not adversely affect the neighborhood as indicated by the submittals and reports referenced in this decision. Site Plan Special Permit The Planning Board makes the following findings as required by the North Andover Zoning Bylaw Section 8.3: 11 I Findings of Fact: 1. The use will not result in any nuisance or serious hazard to vehicles or pedestrians. 2. There will be minimal alteration to the existing site or structure as a result of this facility. Finally, the Planning Board finds that this project generally complies with the Town of North Andover Zoning Bylaw requirements 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 approves the requested special permits subject to the following conditions: I. The grant of the special permit is subject to the following terms and conditions: 1. The antenna arrays are to be affixed behind the parapet of an existing structure and painted the same color as the structure to camouflage the facility and minimize visual impact. Ancillary equipment and generators will be located within the structure and behind the parapet. 2. Discontinuance and Abandonment: a) At such time that a licensed carrier pians 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 carver(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) Given the nature of the facility, no escrow is required under Bylaw section 89.9.c. 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 after the use commences. Once abandonment or discontinuance has occurred, the carrier shall remove the equipment placed by the carrier from the subject property within ninety days. 12 � F 3. Performance Guarantees: a) Given the nature of this facility, insurance shall not be required under Section 8.9.l La of the Zoning Bylaw. b) Given the nature of this facility, no escrow is required under Section 8.9.1 Lb of the Zoning Bylaw to cover annual maintenanc3 of the facility. I C) The Special Permit holder shall annually, on January 15, file a declaration with the SPGA certifying the continuing operation of this facility in compliance with the standards of the Federal Communications Commission, Federal Aviation Administration and the American National Standards Institute. 4. Terms of Special Permit: a) A Special Permit issued for any wireless service facility shall be valid for three (3) years from the date of its issuance. 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 Bylav✓. b) 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 e that noise measurements are accurate and meet the Noise Standards sub-section 6.13.14.5 of this Bylaw. Measurements shall be taken at a location that is 30 feet from the property line of the subject property in the direction of the nearest residences. 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. 5. The applicant shall submit as-built plans to the Planning Board upon completion of the construction authorized by this special permit. The failure of the applicant to submit as- built plans within 90 days of commencing operations at the site shall entitle the Planning Board to revoke the permit until such time as the as-built plans are submitted. 6. Prior to the start of construction: a) A construction schedule shall be submitted to the Planning Staff for the 13 f purpose of tracking the construction and informing the public of anticipated activities on the site. 7. 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. 8. 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 as endorsed by the Planning Board. 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. 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. 11. 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. 12. 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. 13. 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. 14. The contractor shall contact Dig Safe at least 72 hours prior to commencing any excavation. 15. 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. 16. Any revisions shall be submitted to the Town Planner for review. If these revisions will have a substantial impact on the exterior appearance of the facility, the applicant must submit revised plans to the Planning Board for approval. 14 i 17. This special permit shall be deemed to have lapsed 3 years from the date the permit was issued pursuant to the order of the Court, unless substantial use or construction has commenced. Substantial use or construction in the event of a dispute,will be determined by majority vote of the planning board based on the facts and applicable law. 15 0501/05 12:40 FAX R003/010 9457 1 332 :. . ZO �. h".. • I;XgiMT 1 UNITED STATES DMT--=T COURT FOR THE DB$'D'Ricr of mASSAf U CEL•LCO PARTMERSUP d/bl$ VER MON s, } L: Piaintif� ''' V. THE TOWN OF NORTH ANDOVER, WSW=SETTS,TEE TOWN OF >:' NORTH ANDOVER P ANNING BOARD, � CA. — - Wd JOHN SIMONS,ALBERTQ Al elaS, � IST©:t}3i�1U�62�L �? ; FEfpr SCRW RICHARD NART T A �M•i GEORGE Wk TE,and JAMES PEWNEY, } as they arc the Membem and,Ammatc } Mcmbms of tine Town of Nox1h Andover } Plying BouTI, } a Defandaum c-i -WAM Tbo Joint Manan of ft plaintiff CtHco Part�uhip d&A Ver n Armeless-("in witch"),a Delaware genas!pmtnmship with an OM=at 400 FrIbM Awkway, Wtstbaraugh, M'W"c'husetts,and with a pdnaipaal ptue oVbusinm at 180 Wa&%Ston VaEcy Road, BcdrnmsW,New Jersey Unci the Deiwee dW Tower of Nt> %Aadavcw C'Towie'j,a du]y constituted munccipaHt,y in Esm Couaty,Mamc htiwus,with its principal QfEce iocAted at 120 Main St va,Noirth Andover,MA; and the Defendant Phwnmg Board ofthe Town ofNarth Andover("Board"},a My constit vcd board,whh an oSm laca WRt 120M Std North Andover,MA and the Defemdaat membcxs, R==ata mcmbas and furmcr ixurmbcm of the Plan-dug Board.rqutsmtod by c41.f0r Entry ofFigai Judy nem bavittg come boft=the S 05/31/05 12:41 FAX Q004/010 M57 -PG T- Const,and all interested--lam having-becu served with notice thre mt and a heating havhig been held,it in bemby ORDERM as hollows: I L. Verizon WNW=YMY WC40 its Wireless CO tourer and wireless COIrlIJ Mic3fioM fwili(ries on and Q di bn anc�i in s��i�tnaa 4.40-1 Andflvtt�iCeL Noah Andover{"Sltc"j. The ins Hafion and ape;zdcm of the wirWaw ccs umidgWom faciiity.at the Site eltall be pw=wt to a Spccial Fermit;to be issued by the Scald farthwfth and wi'dum any further hearings,subject onlytb those conditiflns set forth in Rddbh A lnerido(*Ihe Spacial Perrnit Decislonr),and the varlaco prtuioudy issued by the NOM Andover Zoning Baas of Appy without the need for any furtherpwmits or approvals onset than a building permit fkvm the Town of Nexth Andover Railing IAspo=L Tata Pipmbig Board Ault,prempdy upon fequmt by Yerkon Wireless,=do=inylar plans and take sash saber actions t'®lated to its authorIty that zuay bo uccm y at appropriate to of actuatie mid facies the obtaining of a bWUnZ perrrrit and oc=pa wy pcxtnit by Cellon.The provisions of the North Andover Zottkg Bylaw perWning to post-construction and awuai rAdioftqUeMY Omissioo9 nsenitoriag.and =Parfin8 to dw Phoning Board(Sections 8.9.SMi)And 8_9_ff(a))shall not be enforced a8 ainst the P)ainUff. 'leo'Platnfiffi'epresectts attd a$reas that tt,%nD tparatQ its fidlityin aomplisnce with applicable Federal Comuunncations Conumsman=quacnanls. 2. The Defbndant'Town ofNorth Azrdover,through its municipal boards and officials,shall upon awlicolion.and#ho pro rotation-ofAmy plans, fees and other infonaadop as =w bcr=quircd by the state Building Code fur such documents, forthwith issue any ucc=wy building pcanitJ,al=Uical p==itta and awfifieate of occupancy for tbo conatneden and use of 9 05/'31 X05 12;41 FAX _ _ _ X1005/010 9457 P he pctpposed w olmss arrest ttieatious faaiiky at ft site id-=ordawe with t8 Speed Penrnit Decision.. 3. up=Ike ire ofbn pmt:bYtho'��►n o �b Andover as sat fol* e stat$eOtrt a ' ulstioU disudss it%state vonirng.appeal a�ve�the P .sttal]file with#b � I Land Court Dept.Misc.No.2379821 4. iu the,event Vaizon Wheless applies to the.Tom of Notth Andover for t petmmissim for any ft=wh mess cmmmiaadon*zii4 that isnot the subject of this Ju ftmmt,nothing contained in this Judgme t or the staff StapuWons of DWnissal entered hasty sh SU as . i or coll:at=W cstoppet wi�a resp=t to any ala m or puaauant �2p�Cale 1~� defense as=ted by any patym any ii6gWon n8 Qkg or any suds application. 5. Each patty shalti beer its awu COM,=iudmg attvtzuays' fees.and them dtaU be no aama�sv��ded. L&*=.J. United States Distdct Cows Dated �i ,2(t)4 tp . 05/31/05 12:41 FAX Q006/010 X457 on the applieat+on by Verizon Wireless for a wirolva service fecir"spedai pannit and a site plan q"dial.•pemait with respect to property located at 401 Ara3over'Strcct,-Notth AnduVcr. Museachasa3ts owizod by John Mc any.Plum 2 TML 441 AndoVO Street,NOM Andavcs pu MWA jo a dad recorded at Z&=RgORVY of DCMS,,Book 1773.Pap 25% .the-Pb=ing Board,purmant to*a Indgacat;and Ordar of the Federal District Cwut issUas the t�cstcd special permits as follows: Wirelas Servjce.Fac5W 5peeW l UMU The Plannung Board makics the ftdowing findhW as required by*o North Andover Zoning Bylaw Section 8.9: FfinHup of Fact- of atnstb+ st;nctute sial 3. Tlauc aaatentaa �tp be•al'fi�ed.belu>rad tlaa�.. $ �3+a , pabxW iho same-color as!be*WtUMto camout]:age t�f8ca] ty aimntion i.a Vied impact Ancs'llwyegoipmmt•and:&CELa =:wiHU local-tithi.rn ft structs and behind the Parapet. The iwiailahon will be m aocardw=vath plates tntitled "'tlek*==icatioLuB hWdlation at Route 125 North A.ndcavea:,MA7 prod by Daigle Eugineete,lne.,dated April 25,2001.Dmwinp No, S-1 and S-2 as most really revised an January 2,2003. 2. The Ra io-Freq=cy emsions aft fildfitY moot 2PPUMMO FCC SWdolsnes and ncgulations. 3. The carrier has denuxutrated that the facilitjr.is t>dacass y in order to provide adequate service to the public. 4,. The p1mmeets the requiremcois of the V treless Serves FaaMC9 B7+--Isw Sect'an 8,8. S. A zoning variance feu rc;0eaf of 5240 feet feom the 600 foot"thll 201*-setback Was MW an August 1,2002 by the Zoning Board of Appeals. 6. A,dzpft aad appropnate faacilitice will be pPav"for thMPVOP er OP=zfiun of the proposed fikellity. 7. The we as.4rmlepedwill not&&rerWy affect the neigWbodwod as indicated by the submit>}als and seports tefemneed.in tide decisiA>a., ppm Spcc�t�c�m1't 'i Tice PImming Boamd makes the•fo110VAng fmdiaga as=Wimd by the Nagh A240 ver Zoning Bylaw Section U. F1 06/31/.05 12:41 FAX .�� 1@007/010 I D S. Fludingo of Faget: 1. The use win not took in any.nWSO=r or mdombowd to v .iciw or paOstrriasm 2_ Tie will be mizrirrW alteration to the ddAiAg site GrUO16tI= a redtilt esf this faci}ity. Finally,the Ply Board Fads that this pmjed WAPPAY edattiplioa•w%*the To"of North Andover Zoning Bylaw r xp*emoats as listed is sccQom. "5.3,8.9,and 2"but requires conditions in onter to be!filly. in CaWUanaao. The PI®nig Board hm by approves the requested special permits subject to the followi49 coalti0m; 1. Tic gnm of he speciai pent is s4tjco to the following teas=d condilioa' 1. "*antenna arr&r arc tO be bthi the Pfit of an eidsdn8 stWctM and painted ffie same color as ft aftuch=to cnouflage the€ad-ityr and tninirai=visual impact 1Z=llary cgmpment and g=mators willbe k"Wd within rbc strrautwe and behind the parapet. 2. Dimum6nua=and Abaatdcuunc� a) At swell tune tbat a 116mod catZler plans to abandon or di= IM operation of widow service equipment,such carrier will motif y the Town by certified US mail of the proposed dxtc of abandonmefit or discontinuationof operations. Stichne ice shall be-given no less duan 30 days prior to abandonment or discondoxvation of operatiow. in the event that a licensed csrrtor fails to give such notice,tl:e.wAdess service Wiest sball be camidmcd abandoned upon dUcontinuadon of operations. b) Upon abandonment or disco on of ase,the carraer alas!!plats C911y remove the wireless wire equipment placed on tate cite by the eanicr witWn 90 dap from the da c of abandommtnt or discontinuation oF'use. "Physically remove"shell include,but not be limited to: i. Removal of aaternta,mount,equipment shcimcs sad sccWty barriers irstaliedby the carries(unlcw the cause will continua to be used by the owns)fi m the subject property. ii. Proper dasposal of the warts nuctetlatl8 generated by the carrier from the$lie in aeccr&nce with Tocal and staff gold waste disposal rCguletians. c) Given the nauve of the facility,no cac mw is required under Bylaw section 8.9.9.c. d) The equipman sW bailmmsd to be aband=cd ordiseontxmted if it has not been rice for tbo purpose for whfah<it:wes�oribuff consuucted for a period of six(6)mambas or more aster the use eotmcnces. Ckwe abandownent or diaconduumwe has occurred,the carrw' shall remove the equipment placood by the carder from the meet propeAty within ninety days. 12 ,05/31•/05 12:41 FAX X1008/010 7 PS 33 3. 1?erfntmaaae GUzrM=- a) Giventb 6 catore of tkis fapilit3{,insu=ec shy riot•be roqu4nad mtdet Section 9.9.1 l.a of the Zaniisg By11W. tA) Civ=the wturq of this heffity.rro• 'CscMw is j*quired=dcr Se,90n it.9.}l.b of the Zotting aylaw to coves at dm4 JinizOnmWe of the facility. c) Tho Spedol pOTn2jjXQUWqhWj munoy,an junuary 1:5.:%;a declwatixx with ft XPGA ccrUjimg the coi�ita�ng man of ttris facility'Yin compp=c with ft-Midis cf't pode>t'at ComnamimfiOm Cion,FedeFal.+�vitilii�cr'Adminis'traman=4 the Amcric"National. Std.htstiUA& 4. Tem of ►ccisl l'crmlt: a) A SpwW.pemlit jzwu for any wic*msorAc*faci#ii3'shall-be valid for dwee(3)yem Ibom the date©C its ice.The apwW- gilt may be rcncwad=der the OW ctitcrri&as the adgtnat special perniit,:provided that the applicadon for rend of the ageeial pesroit is made prior to the expiration date of the W iginal or any"Mewed speeial-V==iL Additional measures guvoming the g&fl #attativn of the ApeoiAl.parmit are found in Sco ien 10.3 of the Zoning bylaw. b) After the wWOO service ficility is in operation the appkat stunt submit to the SPGA;within 90 dabs of the imuunce-o-f tt Spacial P=Mit.and at manual intervals from the data of isaw oce ofthe Spm Fcwdt, preadatrnt and ewrrent meaffimemcmtg.of acoustic noise fiom the w=lm service>•aC�lity. Such measurements shall be terrified and signed-by an acoustical eagmccr,Stating that no,5c micasuctmier4s are acxurate mmd meet the Noisc Standarda sub-scction,6.13.14.5 of this Bylaw-Measurements sball be taken A a location that is 30 feet from the pmpOrty tine of the subject prgperty in the direction of the nearest residences. c) 1,h a applicant arta co_MpUcml or their:sxcom in bU rest shall aWntain the wucloss sarr►icc equipment in good=3ati= Such main(Wamce shall include,but shall ten be limited t),paintmg.OWWt ml i ty of the c*dPUIcnt. S. The apphoant shall submit as-built-plants 40 the Piaunit BcWd -•coOT�en of the aomftvtian authorized by this apo W. h. Mw Wwa of tba ag+,p!fiawr to su6tnit as- built pians within 90 days of comms cing opCrz4q is at the site shall Vfi itiv:tlre Pimming Hoard to ivvokc the permi4 until such time as dw Wbuilt-plans Kv:submift&' 6. Prior to the start of coded: S3uff for the a) A constr�nction s ilednie shall_is submitted to the FWman$ 13 05/31/05 12:41 FAX 009/010 t BK 7 PGL Purpose of tr .ug:thr.cots ma m end h&0=2-Mg the public of Eaficigat0d RcIIvitias on the,site. 9. Prior to FORM U vodfwit an,( ding P=ipit a) 1-he inial site plan 1034=13 mast be cndarned mzd:d={3a c*es of the signed plana must he delivemd to ilio Planniq IJ, w.ft'epi. b) A certified copy of the meorded decision must be suhmitltd to the Piamcing Aepatlrrrgrtt. S. Prior to verification ofthoccr ficate of QoougauCy: a) The applicant must submit a lettar frMn the architect or=Wnccr of the Protect staft thatthe eonstnwhon smd opetittions substantially comply with the plmts m cadcrsed by the Planning Bid 9. ?riOr to the final Memo of may: g) A final as-built pLmshawk g fieri conswwdan sad location of the wireleas hwdware shalt he suiiinktmdto and rcviawod by the Plsan{arg Staff 10. Any m Riling ofm iajs-(tiirt,weed;coder matedd,etc..)tmust.be shown on a,plan and reviowed snot appmved ky-the PL ng StmE Any Appmved`p ih s mast remain covered as all times to minims any duet:probltm8 that=ay occur with 4a=t IRmPcrtEes. Any stock pi1cs to f=aja 1:or.longcr theat one wcck:nm t be fenced of and covered. 14. In sn eiT n to mduce noise levels,the applicantshall beep la opo mum wmid g orcher,through regtdr ImmnWiance,any and sit:zqtipirtont dust Miall emanate&omtds @yam the strttcxur�cs or alta 12 No equipment or cher equipzoetnt:that vvili eraana9n naiso-Oceoediog levels ci#ed b=mshall be pt .cd out dwcuior ofttte atmctttm Such cquipmCat shail-be encLoscd as shown on the pleas. 13. All site lighting shall provide security fortba site std- cum howcvcr it must not Matte mTY glam4or project any light onto A geent residential pcoper0ea. 14. T)xe coot WAw strath eor tact Dig Ss&at least 72 ba um prior to c m=cing any excavation. 13. 71m prWmi cns of this aPProval shall apply to and be binding upon the applicant, its GMPIQYOU suet all successors and assigns in intercit or contm). 16. Any aacrisi mn be sulmtittcd.to ttrs Town Pbn mr for-review. If ibese ravisicm wdl have a substaudd impact on dte extaiar appaOmwe of the€hcft.the applk=t must submit mv=4 pleas to 60 Flammug Hoard for ap mval. 14 . j 05/3b/05 12:41 FAX 0010/010 i7. TW.sgmisi�p�it ShgAtM deemed to haw-J 3 Ye=•'t the dam tha Pm it crag issued gurw tmt to the oder of tba C.QU14 tiu>i�substantial use or °�baa cemniOnccc3. Subsea]use.of c01161 sctien in." event df a Vie,will be dcwrmiaed'by m4me'ily vote of the planning boardbased on the faots and applicable law. 15 FWEM USA Airbill FedEx Express Numkhe dM192• /560 IForm .D.Nb. 0200 6 1 1 From 4a Express Package Service Packages up to 150 lbs. IV Delivery commitment may he later in some areas. 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Company R 8 \206 ry rtment may beleterinsomeareas • FedEx lDay Freight* FedEx2Day Freight I" e FedEx 3Day Freight O 1 ` ❑ NeM business day ❑Second business day Third business day � r i � - � Address 5 �� canrorcone naeen: B(?qg_0F„- DevuFleedsaite(eeam Q _.* Packaging AE-AJt;S *Declared value limit$500 Ciry � l � t State !*y l *''"ZIPt� I FedEx Envelope* ❑FedEx Pak* I ❑ Other 0 y Includes FedEx Small Pak,Fed& Large Pak and FedEx Sturdy Pak 2 Your Internal Billing Reference 6 Special Handling r Include FedEx address in Section 3. - I SATURDAY Delivery HOLD Weekday HOLDSaturday 3 To y fn ❑AvagahleonlyforfredExPrlohty ❑atFe(TTocation ❑at FedExLocatlon O Reci (ant's• �a {, "�(`` / 0.,{•✓T \ Overnight and Fed&z0ay Notavailablefor Available only for Name S. 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Odirect,incidental,special,or consequential in excess of the value,whichever is less.You are responsible for proving the declared value of a shipment,whether or not Federal Express actual loss or damage. had knowledge that such damages might be incurred Filing A Claim YOU MUST MAKE ALL CLAIMS IN including but not limited to loss of income or profits. WRITING and notify us of your claim within strict time limits Partfl57611/167612•Fev.lOJ01 O set out in the current Service Guide. t C� Town of North Andover NORTH Q �Z4LD ib �Q Office of the Zoning Board of Appeals Community Development and Services Division 27 Charles Street North Andover,Massachusetts 01845 4SSnCHU D. Robert Nicetta Telephone(978)688-9541 Building Commissioner Fax(978)688-9542 FAX TRANSMISSION r TO: I i ,, L�g n 1 FAX NUMBER: '-s I J 0 ��. � SS 15 FROM: Town of North Andover Zoning Board of Appeals 27 Charles Street North Andover, Massachusetts 01845 FAX: 978-688-9542 PHONE: 978-688-9541 NUMBER OF PAGES: DATE: 1 1 — / 0 — 01 SUBJECT: G k lI REMARKS: Board oi'Appeals 688-9541 Building 688-9545 Conservation 688-9530 Health 688-9540 Planning 688-9535 HP O ficeJet Fax Log Deport Personal Printer/Fax%Copier Dec-10-02 16:10 Last Fax Identification Result Lages Tyne Date Time Duration Diagnostic 817819025515 OK 05 Sent Dec-10 15:58 00:01:35 002582030022 1.2.0 2.8 j J 1:'CE DRADSPlkw O n- ER ZOOZ JUL 11 All: 52 There will be a Special Zoning Board of Appeals MeetinLy On August 1 , 2002 at 4:00 p.m. In the Town Hall Library Conference Room 120 Main Street North Andover To discuss Cellco Partnership d/b/a Verizon Wireless Currently under advisement `-Up OfficeJet Fax Log Report Personal Printer/Fax/Copier Jul-17-02 12:29 PM Last Fax Identification Result Pages Tyne Date Time Duration Diagnostic 816175575999 OK 02 Sent Jul-17 12:28P 00:00:30 002482030022 1.2.0 2.8 Town of North Andover NOR , T►, O "'USo Office of the Zoning Board of Appeals ? '�: Community Development and Services Division _ 27 Charles Street North Andover,Massachusetts 01845CH +cHus D. Robert Nicetta Telephone(978)688-9541 j Building Commissioner Fax(978)688-9542 July 17, 2002 Michael S. Giaimo, Esq. Robinson& Cole, LLP One Boston Place Boston, MA 02108-4404 Dear Atty. Giaimo; The attached notice is to confirm that the North Andover Zoning Board of Appeals will hold a special meeting on Thursday, August 1, 2002 at 4:00 PM in the Town Hall Library(in the basement), 120 Main Street,North Andover, Massachusetts. Sincerely, Michel Glennon ZBA clerk BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535 Glennon, Michel From: Bradshaw, Joyce Sent: Tuesday, July 16, 2002 4:50 PM To: Glennon, Michel Subject: RE: Cellco/Verizon under advisement meeting I will post this and time stamp it. Thanks, Joyce -----Original Message----- From: Glennon, Michel Sent:Tuesday, July 16, 2002 3:20 PM To: Bradshaw,Joyce Subject: Cellco/Verizon under advisement meeting The ZBA is meeting at 4:OOPM on 8-1-02 in the Town Hall Library conference room to discuss the petition of Cellco Partnership d/b/a Verizon Wireless. It has been under advisement since the March 12, 2002 meeting because their requested five voting members were not available. It has been continued since then. Chairman Sullivan asked that I notify you. I will bring the bulletin board notice tomorrow. Mich. ROBINSON & COLE LLP MICHAEL S.GIAIMO One Boston Place Boston,MA 02108-4404 Main(617)557-5900 Fax(617)557-5999 mgiaimo@rc.com Direct(617)557-5959 By Facsimile and Regular Mail July 10, 2002 Zoning Board of Appeals Town of North Andover 27 Charles Street North Andover, MA 01845 Attention: William J. Sullivan i Re: Cellco Partnership d/b/a Verizon Wireless ("Verizon Wireless") Application for Variance- 401 Andover Street, North Andover, MA Dear Mr. Sullivan: In accord with our discussion by telephone yesterday afternoon, my understanding is that in the absence of one of your members who was part of the deliberating quorum, the Board last night continued its discussion of the above-captioned matter to a date when all five members could be present. This is to confirm that Verizon Wireless agreed to this procedure, and continues to respectfully request that the ZBA have a full contingent of five voting members before it renders a decision on this application. On the assumption that your next meeting is the second Tuesday of August, we will stipulate to an additional four- week extension of the statutory time for decision. Thank you and the Board very much for its consideration in this matter. j i Sincerely, V Micha S. Giaimo Attorney for Cellco Partnership Law Offices d/b/a Verizon Wireless BOSTON cc: David Tivnan HARTFORD NEW LONDON STAMFORD D � GREENWICH �� 9�C lWJ[d Ij LNEW YORK �O^� BOS 1-760987-1 G www.rc.com 07/1 OARjbP ( Cf,4PPr^I 1 ROBINSON & COLELLP �� ONE BOSTON PLACE, BOSTON, MA 02108-4404 J LL L- C/) p Q LU Zoning Board of Appeals o N Town of North Andover NED U- 27 Charles Street J 0 D North Andover, MA 01845 JUL 9 2002 Attention: William J. Sullivan ca BOARD OF APPEALS f �t i i f t i' � j t } i l� 1 I i .� • - � , .. l f-- r - _- _ - Memorandum 7-9-02 Cellco Partnership d/b/a Verizon Wireless Variance Michael S. Giaimo called ca.2:30 PM 7-9-02. He wanted to know if his 5 Board members would be present to vote on his petition. I told him that one of his 5 f John Pallonej would not be present tonight. He will send a representative to the 7-9-02 meeting as an indication they are still interested. 06/06/02 14-:M'FAX Q002 May-16-02 12e11 P_02 Town of North Andover �RTy Office of the Zoning Board of Appeals Community Development and Services Division 27('harks Street ' •�' North Andover,Massachusetts 01845 wdlusa D.Robert NICCLI'l TelePhcnle(978)688.9541 Ruildi+tg Commissioner FA(978)688-9542 Date TO: Town of Noirth Audovcr Zoning Board of Appeals 27 Charles Srreer North Andover MA 01845 add Please be advi%ed that I have agreed tothe time constrdJnts for the Zoning Board of appl:al:;to mala:a decision regarding the granting of a Variance • for property locates!at: STREET— .4ndoucr �4i-eev- -TOWN: M3 r+L, A-wy}o,)6— MEETING DATE(S): pp S yrl p J qro>'1 NAME OF PETiT 0WR: Ce(.( , Pr r fr.f s�,V Signed: Pea ( petitioner's rep resen •tive) a,+6r"e7 Pr Ce{tco PaA,,vrS(.Ip dl1jr. /erlZ-d,,,tJIre(2s - tolaoe WAIVLR 805 ^ M,4- ozio$ r C9 C� C R0A1tF)OFAPPFAISf%$95AI RIIJIS)JN(:(oRR9S45 CQNSFRVAMN688•Q530 IJEWrIIb88••9.Sa0 PLANNINUai-9535— m =CTS c-, J bn6m r--b-< ED r.-! D m110(nCII M = v Ln Cr- UO/UO/u: 14:1u rei wJuu� May-16-02 12211 P_02 Town of North Andover Naprh Office of the Zoning Board of Appeals Community Development and Services Division 27 Charlcs Street ' •� North Andover,Ma%%achuselLs 01845 D. Robert N10=141 TelePh"rW(978)688-9541 RuiIdiitg Commissioner FA (978)688-9542 4 , Date l O P TO: Town of Notch Andover Zoning Board of Appcals 27 Charles Srreer North Andover MA 01845 Le xM,3 For at add e*a—o, d(4e— Please be advised that C have agreed tothe time constraints for the Zoning Board of appeals to inks a decision regarding the granting of a variance for property locates!at: ,31*RPUT: Z-I d TOWN: f Jo* , ''7a 0,)6- MEETING IDATE(S): f 0S+pt,,,p d Fromm, 5-�_q -U;L �P NAME OF PETMONI~R: Ce rn Prrfr,.P-f s�_ p d14Za Verz-atiW.re- 14 Signed: ` � �"`o _• Pcu (t petiiianerr's reprewn •tive) C,+for^e� Pr C:eflco d/114 Vertizc-%, LJIAe(es . lz_o�t�,So, -t C(0- U-P l Gos 16" volair WAIVLSR 80S�,1l,� , M4 ozlo$ �J C BOAR r)OF APPF:AIA 688 95A I Rt IIX)1N(:(Mt 9445 C4NSF.RVn'i•loN 688.4."0 I Ilin4`r11 b88••9)A0 PLANNIN(J -'1535��O C i ern r 'U-7 J C-) C)FMOr'7 :�Ucnc_ co r'' Ln 0- 05/07/02 15:19 FAX 002 May-06-02 13: 17 P-O2 Rtel El crE0 JOYCE BRADSHA`,`,' Town of North Andover T J VON C L c � r. ,RTu �j ,p` ce of the Zoning Board of Appeals p co mmuni Development and Services Division ; E NOZ MAY -q A 11: 03 27 Charles Street North AAdovcr,Mas"Chusetts 01PA5 Telephone(978)6888-9541 D-Robert Niccua l=ax(978)688-9542 Ijuilding Commigxinmer Date , North Andover N TO' Town of o Zoning Board or Appeals 27 Charles Street North Andover M A 01845 fid. 7"-g,4,e ,se✓e.,,(7) days P1-e✓lads We�df�-,e r Plea_%e be advised that T have agreed to the time constraints for the 7kming Board of appeals tQ mAe a decision regarding the granting of a Variance it far property located at: STREP T- 4 © � �.�z�e✓�r �1�12�f TOWN: ME rN DATE(S): �4ie � �1��� "eL�� 0 v �- NAME OF PETTTIONER: l�cd Signed: -- Pe ' o&cr (or petitioner's resentative) 6�4%jrxal art cai(ca G t L P t aos�o, Place WAIVER (,-�aS-to A, M4 BZtc)? BUAKI)OF APPFALS 6$8.9541 , BUILDING 68R 9545 ('()NSERVATI()N bKR-9550 11FALl14 b88.9Si0 f'CANVIKG CSB 9Si5 MAY 8 2002 D BOARD OF APPEALS U4/UN/Ut 10:U4 rAA W_(r. uU') P. 0:2 Town of North Andover tORT/r, Office of the Zoning Board of Appeals Comm Development and Services Division Heidi Griffin, Division Director 27 Charly,5Lre.et North Andover, MssSachuseUs 01845 T(ALphunt:(978)688-1434*1 U_ Kobcr( Nicetta lholefinT,C.'ownu.&viuner Fax(97K)ei88-95 2 Date: Apri I -t, 0�-- TO: Town of North Andover Zoning Board of Appeals 27 Charles Street ` 46-- °1"�tea` ^�( North Andover, MA 01845 3 5—day S beyo j -Ke. prev,0 )S d i%xd I!�j Please be advised that i have agreed to the time constraints for the Zoning Board of Appeals to make a decision regarding the granting of a Variance for property located at: STREET: Z10 I A•xjavesr- S+ee'f TOWN: Oor-H- AeOoJer MEETING DATE(S): NAME OF PETITIONER: CRI[co PAddler"SL.la b a Verc?Zo.A Wt/-eles Signed: Q --� P (or Petitioner's R presentative) M.Lct.&e k S.G-xA1 A (' A4for^" For Cc((co Paff er-sL, a/baa %/e« 'w,/-8(0 r �ob� -.sv• $ Cole LLP Weive6meconl2/Ol I u o Sfax t"t4c a CD rTt BoSfo.l AA,4 02t0g p DnCID m C6(4,- r5S --3-1y'l ��o N rn D O J S3t):\!ill< b:�YPl;,u�l.!tg_ySG{ (iL'fl.h)Nf)fSP..95i3 CUV�Lky�1T1(iiJhgR-9�3o 1lL.�L'111bKR-9Gdf! PLA'dNINCiGefB_9}tS CCC 0M [ - D� g zooz A R4 2002 APR BOAR SOARD 0 PPEALS D OF APPEALS J. ..or VG 1V.VJ rnn 10002 f ROBINSON & COLELLP �AW°F"VM One Boston Place Boston.MA 02108-4404 617.557-5900 Fax 617-557-5999 Michael S. Giauno 617-557-5959 mgiaimo(&c.wm April 9, 2002 Robert P.Ford, Esq. Town of North Andover Zoning Board of Appeals 120 Main Street North Andover, MA 01845 Re: Cetico Partnership d/b/a Verizon Wireless ("Verizon Wireless")Application for Variance-401 Andover Street,North Andover,MA Dear Mr.Ford: We understand that the Town of North Andover Zoning Board of Appeals C ZBA') is meeting tonight with only four of its five voting members. We also understand that there is a possibility that the application of Verizon Wireless might be discussed and voted upon during tonight's meeting. We previously granted the ZBA an extension so that all five voting members would be present for the public hearing and so that all five members would act upon Verizon Wireless' application. We would respectfully request that the ZBA continue its deliberations until such time as all five members can again be present. On the assumption that your next meeting is the second Tuesday of May, we will stipulate to an additional five-week extension of the statutory time for.decision. Sincerely, <--e I Law offi«s Michael S. Giaimo BOSTON cc: Dave Tivnan, Verizon Wireless HAEMOAP NBV LONuON STAMFORD (;R�rNmtCH N rw YO VbSTI-760987-1 04/09/02 4:49 PM u i www.rc.tom APR 4 2001-. BOARD OF APPEALS" S h ROBINSON & C O L E LLP MICHAEL S. GIAIMO One Boston Place Boston,MA 02108-4404 Main(617)557-5900 Fax(617)557-5999 mgiaimo@rc.com Direct(617)557-5959 Via Overnight Delivery April 1, 2002 Board of Appeals Town of North Andover 27 Charles Street North Andover,MA 01845 Re: Application of Cellco Partnership d/b/a Verizon Wireless: 401 Andover Street, North Andover,Massachusetts Dear Board Members: At the hearing on March 12, 2002 in connection with the above-referenced matter, in response to a question concerning the ability of the proposed facility to comply with the noise standards of the Zoning Bylaw, I submitted a report by Modeling Specialties dated June 22, 2001, and engaged in a somewhat confused discussion with the Board concerning that report. The enclosed revised version of that report, dated March 27, 2002,addresses two aspects of the earlier report that contributed to the confusion. As disclosed in the covering letter from Douglas Sheadel,the revised report corrects two typographical errors in the earlier report, and clarifies the presentation of data concerning the compliance of the proposed facility with state and local noise standards. The corrected report confirms the conclusion of the original report, consistent with my statement to you at the hearing, that the Verizon Wireless facility will comply with the applicable noise standards under the provisions of the North Andover Zoning Bylaw pertaining to wireless communications facilities,as well as those enforced by the Department of Environmental Protection. .y 0 z 8 o CD Law Offices r ; L7 >Z a� BOSTON A ui -DC7 HARTFORD � NEW LONDON C'J •• n rn STAMFORD I GREENWICH 7ioo� j APR 8 NEW YORK www.re.com BOARD OF APPALS I 1 I r .� .� f+l �� I t ROBINSON & COLELLP Board of Appeals Town of North Andover April 1, 2002 Page 2 Because this report presents no new information,but rather corrects and clarifies the record with respect to information that was previously submitted at the hearing, I am asking that you accept it as part of the record in this case. Sincerely yours, Michael S. iaimo MSG/kp Enclosure cc: North Andover Town Clerk David Tivnan R� 4 Environmental Noise Impact Assessment Telecommunications Site Development North Andover, Massachusetts June 22, 2001 (Revised March 27, 2002) Prepared For: Verizon Wireless C/o Michael S. Giaimo, Esq. Robinson & Cole, LLP One Boston Place ���i �� Boston, MA 02108-4404 Prepared By: LSSpeccialties Modeling Specialties eling 30 Maple RoadWestford, MA 01886 D 2.002 BOARD OF APPEALS 6 b ILFx-. deling cialties �s&"&a rr- , ug Sheadel,CCM Maple Road estford,MA 01886 : (978)392-5817 (978)392.5818 ail: dsheadel@modspec.com March 27, 2002 Summary of March 27, 2002 Revisions to the June, 2001 Report RE: Environmental Noise Impact Assessment,North Andover, MA Modeling Specialties has conducted an assessment of environmental sound that may result from the proposed installation of personal wireless service equipment at 401 Andover Street in North Andover. The study was originally published in June 2001. The purpose of this cover page is to summarize the revisions made in the March 27, 2002 release. The revisions were made to correct typographical errors and clarify the compliance evaluation. While this required some editorial changes, no changes were made to the analysis, results, or conclusions. Errata: Two typographical errors were identified in the original Table 2, page 17. The distances to the Property Line, SE and Property Line, NE were reported to be 470 and 500 feet, respectively. These were corrected to 145 and 100 feet, respectively. The original modeling was based on the correct distances. The correct distances were also reported in the original Table 3. Clarification: The study was designed to evaluate the noise performance standards of both the North Andover Bylaw and the DEP Noise Policy. For that purpose, noise receptors were selected at 1) the base of the nearest buildings and 2) property line and residential locations. The modeling indicated that the proposed design will meet the North Andover criteria at all North Andover defined receptors in addition to meeting all DEP criteria at DEP defined receptors. Confusion was introduced by placing the values in the same table. For that reason, the tables were separated to clarify the compliance evaluation. The associated text was also updated to separately address one criteria and then the other. Kindly replace the original report with this release. If it is considered necessary to keep the June', 2001 version,please note on its cover that it has been superseded. Respectfully, Modeling Specialties Douglas L. Sheadel, CCM Principal ENVIRONMENTAL NOISE EVALUATION Verizon Wireless is developing a telecommunications facility in North Andover, Massachusetts to support personal wireless communication in the area. The proposed facility will be integrated into an existing commercial office building located at 401 Andover Street. The installation will include transmission antennae, environmental control equipment and a generator that will be located on the roof. Supporting electronics will be located in the attic space of the existing structure. The electronic equipment will produce no sound. Some of the supporting equipment is environmentally sensitive. The attic rooms will be heated and cooled to meet equipment requirements. The environmental control equipment will typically produce no sound, but has the potential to affect offsite sound levels when it is actively providing ventilation to the equipment rooms. The facility will also include a small emergency generator, that will occasionally be tested. This report addresses the existing sound levels in the area, the sources of sound at the proposed site, and the potential of the installation to affect the community in terms of environmental noise. 1. Overview of Project and Site Vicinity The project site is located at 401 Andover Street in North Andover. The site is less than one mile from North Andover Center. The proposed site is on the roof of a two story commercial property that is currently used for commercial offices. The host property is bordered by other commercial properties to the west. Properties to the south of Andover Street and north of Peters Street are residential. Figure 1 shows the site location and major area roadways on a backdrop of the 1987 USGS topographical map. As shown by Figure 1, the site is located approximately 1 mile from Interstate 495 and approximately 2'/2 miles from the Lawrence Municipal Airport. The proposed site is located at an elevation of approximately 216 feet mean sea level (msl). The terrain in the area drops toward the north and northwest, exposing the site to significant sound from the freeway and airport during periods that are not dominated by local sources. Figure 2 shows an image of the existing building with proposed equipment locations annotated. Verizon Wireless/North Andover 1 Noise Assessment a �', I 'n-' 1 a t.�,�4� -�- v .�• t*. �+���� � (��I` � vas ���� °- f ;s', �^�y iz / V 3 S � > � a 4 � �' � in .-•, . A ��11. 5� .yam � a..� Yid i� f ^� � s l•— p,V1 .a Tw4k, dol 0511 il, ,# �i a � t" P��� ,o � � _.,.i4fl � !",jrt a•4 t r d Y �y�lr - 5�§ ,f L , a3s. Dou a ECIC- `0� i �.r'� 'Reilly} H^ Budge ter . sey � r ' 1p r�:.rs til � -Lea ,.�i"9y° fir- �r tit 158= %`_ �-��`'y�, 4•-.} - 1� a_ 1r .� ,"�,��l 1� p `ST 'fir 1` ��, i� '"' •��� C'�sc � �� 75 ��e. �'. � �i t`'8j��,� ,0 :7"y_` � 'Pam '' f� ty S1 � •0 � i ; r �y �'✓•r1 I'� �� ��� �^� _ �� `�� �-� �� �a� i 74..E ��` � � •�� L, �' t- r� 4t �r5. , ■ . ; 1 r��'.r Aid �relr Hof Do1 N. 'PDX t9: ".j 4 rr 5V �.�♦ 1- +�" - �o ,d N from USGS 1:25,000 To1>0 Quad d { Lawence-1987 SCALE in FEET ` YT t► o , t al f tj` a_ tri: t �t +�• t+ , `� 0 1500 3000 a f {{ Figure 1 USGS Topographic Map of the Project Area Showing Area Terrain and Major Roadways Verizon WirelesslNorth Andover 2 Noise Assessment • � 4 gipp: .y Rooftop . Rooftop Ge- era ta- CQr denser Otheir` y _77 - Attio Popp � ! N s k;7 .ti k f x.0 w k- .i. f x ' .� a �' �' S' R. ^# Z'�4" .� e� i ��YI* 4���...a^bt.i��T"A} Y`*'. iiy �`� S. �I 't='�+ 1 �i•kY3. Y ', s.t;, .» � ��:;+, ,i•"K; .,�,aiF�k * ?. �� � F ,� .kr����i, � e' :;�'�e r+7,:w$��a��re � r � fo+�: y p s '4 rt Figure 2: Site Photo Showing the Orientation of the Site and Proposed Equipment Locations Verizon Wireless/North Andover 3 Noise Assessment r i 2 Discussion of General Noise Analysis Methods There are a number of ways in which sound (noise) levels are measured and quantified. All of them use the logarithmic decibel (dB) scale. Following is a brief introduction to the noise measurement terminology used in this assessment. 2.1 Noise Metrics The Sound Level Meter used to measure noise is a standardized instrument.' It contains "weighting networks" to adjust the frequency response of the instrument to approximate that of the human ear under various circumstances. One of these is the A-weighting network. A-weighted sound levels emphasize the middle frequency sounds and de-emphasize lower and higher frequency sounds; they are reported in decibels designated as "dBA." Figure 3 illustrates typical sound levels produced by sources that are familiar from everyday experience. The sounds in our environment usually vary with time so they cannot simply be described with a single number. Two methods are used for describing variable sounds. These are exceedance levels and equivalent level. Both are derived from a large number of moment-to-moment A-weighted sound level measurements. Exceedance levels are designated Ln, where "n" can have any value from 0 to 100 percent. For example: ♦ L90 is the sound level in dBA exceeded 90 percent of the time during the measurement period. The L90 is close to the lowest sound level observed. It is essentially the same as the residual sound level, which is the sound level observed when there are no loud, transient noises. ♦ L50 is the median sound level: the sound level in dBA exceeded 50 percent of the time during the measurement period. ♦ L10 is the sound level in dBA exceeded only 10,percent of the time. It is close to the maximum level observed during the measurement period. The L10 is sometimes called the intrusive sound level because it is caused by occasional louder noises like those from passing motor vehicles. American National Standard Specification for Sound Level Meters, ANSI S 1.4-1983, P ublished by the Standards Secretariat of the Acoustical Society of American, NY. Verizon Wireless/North Andover 4 Noise Assessment COMMON INDOOR SOUNDS dBA COMMON OUTDOOR SOUNDS 120 Jet Takeoff(300 ft.) Rock Band 110 Chain Saw 100 Inside NY Subway Train Food Blender 90 Truck at 100 ft. Garbage Disposal 80 Vacuum Cleaner 70 Cas Lawn Mower at 100 ft. TV/Radio Listening Auto at 50 ft. (41) mph) -Normal Conversation 60 Ileavily Travelled Ilighwav at 1000 ft. Dishwasher in Next Room 50 'Moderate Rainfall on Foliage Bird Calls at 100 ft. Refrigerator 40 Small Brook at 25 ft. Library Rural Community (nu nearby sounds) Bedroom at Night 30 20 10 Threshold of Hearing (laboratory) 0 Figure 3: Typical Sound Levels from Everyday Experience Verizon Wireless/North Andover 5 Noise Assessment By using exceedance levels it is possible to separate prevailing, steady noises (1-90) from occasional, louder noises (1-10) in the environment. The equivalent level is the level of a hypothetical steady sound that has the same energy as the actual fluctuating sound observed. The equivalent level is designated Leq, and is also A-weighted. The equivalent level is strongly influenced by occasional loud, intrusive noises. When a steady sound is observed, all of the Ln and Leq are equal. The criterion that is referenced in the North Andover reporting requirements is the Massachusetts Department of Environmental Protection noise regulation, 310 CMR 7.10. Since the DEP noise policy specifies the L90 metric, it is used in this study to represent the existing background sound level. All broadband levels represented in this study are weighted using the A-weighting scale. In the design of noise control treatments, it is essential to know something about the frequency spectrum of the sound of interest. Noise control treatments do not function like the human ear, so simple A-weighted levels are not useful for noise-control design or the identification of tones. The spectra of sounds are usually stated in terms of octave band sound pressure levels, in dB, with the octave frequency bands being those established by standard.2 The sounds at the proposed site have been evaluated with respect to the octave band sound pressure levels, as well as the A-weighted equivalent sound level. 2.2 Noise Regulations and Criteria Sound compliance is judged on two bases: the extent to which governmental regulations or guidelines are met, and the extent to which it is estimated that the community is protected from the excessive sound levels. The governmental regulations that may be applicable to sound produced by activities at the project site are summarized below. Federal • Occupational noise exposure standards: 29 CFR 1910.95. This regulation restricts the noise exposure of employees at the workplace as referred to in OSHA requirements. Workers will not routinely attend this facility. Furthermore, the facility will emit only occasional sounds of modest levels, as demonstrated by this study. 2 American National Standard Specification for Octave, Half-octave and Third-octave Band Filter Sets, ANSI S1.11-1966(R1975). Verizon Wireless/North Andover 6 Noise Assessment State • 310 CMR §7.10 U qualitatively prohibits "unnecessary emissions from [a] source of sound that may cause noise". This is interpreted quantitatively by MDEP's Form BWP AQ SFP3 and their DAQC Policy 90-001. In Massachusetts, noise is regulated as an air pollutant. The MDEP's Noise Policy states that a new noise intrusion may not increase the broadband sound level by more than 10 dBA over the pre-existing 1_90 ambient level. Tonal sounds, defined as any octave band level that exceeds the levels in adjacent octave bands by 3 dB or more, are also prohibited. This policy addresses the sound levels both at the property lines and at the nearest residences. While the Department has the authority to invoke this regulation, it is usually applied to major projects, which require DEP Air Plans Approval. Since the DEP standard is cited in the local requirements, it is used as a basis for the analysis. Local • The Town of North Andover Zoning Bylaw, Section 8.9.4(e) addresses environmental standards for wireless service facilities, including sound generated by the facility equipment. Section 8.9.4(e)(v) provides that, "Roof-mounted equipment or side mounted equipment for wireless service facilities shall not generate noise in excess of 50 dBA at ground level at the base of the building closest to the antenna." The sound level measurement convention is used in this study, whereby "ground level" is taken to be 5 feet above the ground, representing the ears of a standing person. Noise filing requirements in Section 8.9.5(d)(vi) outline.the noise study requirements, including compliance with the DEP standards. It is the purpose of this report to address these filing requirements. 3 Existing Community Sound Levels A site survey and noise measurement study was conducted for the proposed installation site. The sound levels were established by direct measurements. The results of the survey are presented in the 1_90 metric as prescribed by the DEP standard. Field measurements were conducted at three locations, corresponding to the site and nearest noise sensitive community areas in representative directions from the installation site. The measurements were made at representative periods of the day during conditions that produce low ambient sound levels. Figure 4 shows the measurement locations on a backdrop of the 1995 USGS aerial photograph. Area land use was characterized by a walk-around survey and is annotated on Figure 4. Verizon Wireless/North Andover 7 Noise Assessment I I tel} fN , t ot P . w R 74 40 r464s: b zn EA Resid en N r y X al [ ¢/¢ o - #�k��•',„,r� b;`5�( F •"4 � �� > .�..i IG:.p� 1 '.3�^.x S�•... -� ^'P1, a °�� 4?. two �~ � ' '" � • 7- X,r�tx t { Figure Aerial Photograph • • Site and Area Land Uses The results of the survey allow both quantitative and qualitative analyses of the acoustical environment surrounding the proposed facility. The characterization of ambient sound levels reflects the variations caused by volume of roadway traffic, aircraft activities, birds and neighborhood activities. These types of sources are common in rural and suburban mixed land-use communities. 3.1 Measurement Methodology The L90 levels are intended to represent the background sound levels in the area. Since sound impacts are greatest when existing noise levels are lowest, the study was designed to measure community sound levels under conditions typical of a "quiet period" for the area. The community levels were made during three separate periods, nighttime, early morning and daytime. All measurements were made under community conditions that included low wind, dry roads and no precipitation. The meteorological conditions during the measurements were noted from field observations and summarized below. A handheld electronic turbine wind meter was used to measure wind speeds. A mercury sling psychrometer was used for temperature and moisture measurements. April 20, 2001 nighttime survey: Clear skies, 37° F, calm air with 72% relative humidity. April 20, 2001 mid-morning survey: Clear skies, 50° F, calm air with 40% relative humidity. April 20, 2001 daytime survey: Clear skies, 64° F, winds calm to 5 mph from the west with 30% relative humidity. Sound level data were collected using a Rion NA-27 sound level meter. The sound level meter meets the requirements ANSI S1.4 Type 1 — Precision specification for sound level meters. The meter was mounted on a tripod approximately 5 feet above the ground. The microphone was fitted with the factory recommended 3 inch foam windscreen. The meter was programmed to take measurements for 20 minutes and store the statistical A-weighted data for processing. Once processed, the statistical levels were documented for use in this analysis. The meter is also equipped with a real time octave band filter set. The filter complies with the requirements of the ANSI S1-11 for octave band filter sets. The meter has been factory verified within one year of the study. It was calibrated in the field using a Larson Davis CAL200 calibrator before and Verizon Wireless/North Andover 9 Noise Assessment after each measurement session. The results of the field calibration indicated that the meter did not drift during the study. 3.2 Measurement Locations Three measurement locations were selected to obtain representative levels at the proposed site and at the nearest residences. The receiving properties are close to the site, so there is little distinction between the levels measured at the three locations. The Sound Measurement Locations (SML) are shown in Figure 3 and are described below: ♦ SITE is near the eastern property line of the property at 401 Andover Street. This location represents the area of the site that borders the park/open space on the adjacent parcel. This is representative of the quietest area of the site. ♦ SE is along Rock Road to the southeast of the site. Residential properties abut Andover Street, so the measurement was made at the typical residential setback. This location is representative of the closest residences to the equipment. ♦ NW is on a grassy area of the church property to the northwest of the site. The measurement was taken near the residential property line at the typical residential setback along Peters Street. 3.3 Measurement Results Existing levels in the project area are dominated by sounds from roadway traffic, commercial activities and aircraft traffic. Other sounds contributed to the measured levels but were only occasionally heard. Occasional residential activities such as vehicle movements and dogs barking were observed at all locations. Bird sounds were noted to be a contributing source of ambient sound, but are largely eliminated from the L90 metric specified by DEP (which only measures sound that occurs 90% of the time). The results of the ambient sound level measurements are shown in Table 1. Each measurement was used to represent several hours of the day. Daytime hours were divided into three blocks of 5 hours each. The nighttime measured levels represented the nighttime period of 9 hours. A penalty of 10 dBA was added to the nighttime levels. The corresponding Leq levels were logarithmically summed to estimate the ambient Ldn level. Table 1 summarizes the results of the ambient sound level measurements. Verizon Wireless/North Andover 10 Noise Assessment Table 1: Measured Sound Levels at the Measurement Locations Measurement Nighttime L90 Mid-Morning L90 Daytime Lao Location (dBA) (dBA) dBA Site 45 52 55 Southeast 46 52 54 Northwest 46 50 53 The measured levels range from 50 dBA to 55 dBA during the daytime. The levels were very similar from one location to another because of their proximity. All daytime levels were dominated by sound from traffic on nearby roadways. The traffic volumes seemed to be similar between mid-morning and early afternoon conditions, but no traffic counts were conducted as part of this study. There was a light breeze during the daytime, which may have affected the L90 (background) level during quiet moments, but did not ever dominate the sound level. Residential activities such as pedestrians, children playing and yard maintenance were also noted during the daytime. The nighttime levels ranged from 45 dBA to 46 dBA. The similarity in nighttime levels is probably due to the distance from the sources that dominate the nighttime levels. These sources were traffic on Route 114, traffic on distant 1-495 to the north and occasional distant sounds that may have originated at the airport. Since all three locations are essentially the same distance from these sources, it is not surprising to see that the measured levels are so similar. 4 Expected Sounds from the Proposed Installation The proposed installation has been designed with significant attention to protecting the community sound environment. Most of the equipment planned for the installation will produce no sound. Sounds that will be produced by the other equipment will be adequately mitigated to prevent any significant effects at neighborhood locations. Planned mitigation measures include enclosing the equipment in the building attic space. Only air vents, condensers and an emergency generator will be located on the roof. The installation will be installed in a way that complies with the North Andover criteria of 50 dBA at the ground. In meeting this criteria, the installation will produce sound levels that are well below the quantitative noise standard imposed by the Massachusetts DEP Policy. Verizon Wireless/North Andover 11 Noise Assessment This analysis represents the most likely noise levels to be expected as a result of the normal operation of the equipment, using data from potential vendors. This analysis demonstrates that it is feasible to operate the proposed equipment on the selected site well below noise performance goals. The final equipment design may incorporate different noise mitigation treatments than described here, but will be engineered to meet the same noise performance standards. 4.1 Modeling Methodology A computer model was developed for the project sounds based on conservative sound propagation principles prescribed in the acoustics literature. For conservatism, no attenuation credit is taken for soft ground absorption, foliage or tree cover, and other excess attenuation factors. Input source values for the equipment operating noise levels and building design were obtained through the acoustics literature and field measurements at similar equipment. Each of the potential sources during routine operation of the facility was identified. The sound from each source is estimated at the source and at the nearest property lines. The source — receptor distances used in the modeling represent the actual 3 dimensional distances (accounts for the elevated location of the sources). The sum of the contributing sources is used to represent the predicted sound level at the modeled location. Figure 5 shows the noise sources planned for the rooftop. ♦ Environmental Control equipment. The attic will have rooms that will house equipment that is environmentally sensitive. These rooms will be equipped with environmental control units to maintain the necessary conditions inside the shelter. A typical outdoor shelter would use a 24,000 Btu/hr air conditioning unit with a 1000 Watt heater. The heater would be used during cold periods, but will produce no significant sound outside the enclosure. While the indoor space will require specialized equipment, it is assumed in this study to produce the same amount of sound as an outdoor unit. This is conservative, since the heaters, fans and compressors will be located inside the attic space. The only environmental control equipment slated for the rooftop is the condenser unit with enough fan power to blow air past the coils. The air conditioner will be used to maintain a temperature that remains below 90° F. The equipment will also be used to provide adequate ventilation for the enclosure and will operate when neither heating nor cooling is required. Verizon Wireless/North Andover 12 Noise Assessment z 0 0 r O Parapet Wall f9 Roof Slope Roof Slope Rooftop Condensers Proposed Generator O Top of Roof 35.5 feet AGl Antenae 0 0 0 v Two Story Office Building 401 Andover Street Figure 5: Rooftop Plan Showing the Orientation of the Proposed Equipment Within the Parapet Walls Verizon Wireless/North Andover 13 Noise Assessment While the configuration of the rooftop equipment is under development, it will be similar in character to many other items of equipment that are already in the project area. However, the proposed equipment will be small compared to most of the existing equipment. Figure 6 shows an image of other equipment that already operates in the project area. The environmental control units, when operating, will produce approximately 59 dBA at a distance of 30 feet. This represents the vendor estimate of the largest equipment that is being considered for this installation. The sound from HVAC equipment is also directional in nature. The sound will be emitted only from the condenser coils and associated fans. Some benefit can be obtained from directing this sound in a non-sensitive direction, such as vertically. It is also assumed that the facility will have redundant equipment to assure adequate environmental control. Emergency Standby Generator. This unit will not be operated to provide routine power to the facility. There are only two occasions when the generator will be used. The first is the routine periodic testing of the unit. These tests could occur as often as once per week but only during the daytime hours. The equipment will incorporate substantial noise control features that are discussed below. Even during the test events, the sound levels will allow the combined facility to meet the daytime sound level criteria. A generic acoustical enclosure design for the Kohler equipment is shown in Figure 7. The other occasion when the generator will operate is during the loss of utility power. These rare events are most likely to occur during exceptional conditions like major storms. They are considered upset conditions that are not addressed in this report. The resulting equipment sounds will be the same as described below, but would have the potential of requiring nighttime operation or extended periods of generator operation. During those rare events, the generator will produce 50 dBA or less at base of the nearest structure. The generator set that has been specified for installation at the site is a Kohler 50RZ. It is rated at 50 kW of standby power. A natural gas fired engine that is rated at approximately 68 hp will power the unit. For comparison, the engine is smaller than those that power most pickups. Because it is a fixed installation, substantially more noise mitigation can be applied than would be practical on a vehicle.e. Unsilenced the generator set would produce as much as 94 dBA at a distance of 3 feet from the equipment. Verizon Wireless/North Andover 14 Noise Assessment r Existing HVAC Equipment in Project Area �. � t �'�. 4 :«Jt x r ��� � � � '�Se,�'�rt r, t ;��;•s +�# '`�1���41 � �;F� /�. XhP•�- dj. Figure 6: Site Photo Showing Existing Rooftop Equipment in the Project Area Verizon Wireless/North Andover 15 Noise Assessment V • - Generator set without protective cover. r� ka' - Typical Enclosure of the Generator (showing equipment inside). - Enclosed Generator, as proposed wzrp .r 4 t Figure 7: Typical Kohler Generator Equipment and Protective Package I Verizon Wireless/North Andover 96 Noise Assessment I e The engine will be installed in an enclosure that will obstruct the propagation of sound. The engine sounds will be reduced by 15-20 dBA at the ventilation openings. The walls of the enclosure will provide substantially more sound reduction. A critical grade silencer that provides a 25-35 dBA reduction in resulting levels will abate the engine exhaust sound. The exhaust stack will be directed vertically to further reduce the sound emitted in horizontal directions. 4 Results of the Equipment Noise Modeling The project noise modeling was structured to separately evaluate quantitative standards of the North Andover By-Law and the DEP noise policy. The modeling study predicts project sound levels at the receptors that represent the compliance locations for each standard. Figure 8 shows the sensitive receptors used in this study. Sound levels generally decrease with increased distance, so the sound levels are higher at the nearest receptors. For that reason, all criteria were applied at the nearest applicable location to represent the location where the sound level would be highest. By evaluating the compliance at these locations, compliance at other community locations is assured. The actual operating sound levels are expected to be less than modeled here. A short parapet wall visually encloses the rooftop. No acoustical benefit was assumed for the wall because there is a narrow open space at the base of the parapet wall. While the open space will reduce the effectiveness of the wall to block sound, it is expected to provide some shielding at the receptors which is not reflected in the modeling. North Andover Bylaw Evaluation The North Andover Bylaw requirements were evaluated at two locations defined by the Bylaw. These are the nearest structures in the northwest and southwest directions. The nearest structures in other directions are much farther, so would result in lower predicted sound levels. Table 2: Project Sound Levels Compared to North Andover Requirements North Andover Defined —Distance from Expected . North Andover Receptor Location Equipment Equipment Level Criteria (Ft) (Ley,dBA) (dBA) Base of Nearest Structure, NW 110 50 50 Base of Nearest Structure, SW 1 140 48 50 Verizon Wireless/North Andover 17 Noise Assessment Massachusetts DEP Noise Policy Evaluation The DEP standard prohibits intrusions that cause the ambient baseline level to increase more than 10 dBA at the property line and nearby residences. Table 3 summarizes the predicted sound levels at property line and residential receptors. The modeling results demonstrate that the highest project sound levels are expected at the property lines and at the residential receptors identified as 2 and 5. Consistent with generally accepted measurement procedures, field measurements were limited to open areas where there was available public access, but are representative of the nearest residential receptors 2 and 5. This allows a comparison of the existing ambient to the predicted combined sound level of ambient plus project sources. Since the equipment design must be adequate to meet the more constrictive North Andover requirements, the combined levels from all sources (continuous and daytime-only) remain well below the DEP nighttime criteria. Nevertheless, the generator testing is only planned during daytime periods. The daytime ambient levels are higher than the nighttime levels (see Table 1). Based on the measured levels, the equipment operation will have an insignificant effect (less than 3 dBA) on daytime levels at all property line and residential receptors. Table 3: Equipment Sound Levels Compared to DEP Standards Receptor Location Distance from Expected Baseline Ambient with DEP Equipment Equipment Level Ambient Equipment Increase Criteria (Ft) (LeQi dBA) (L9o,dBA) (LeQf dBA) (dBA) (dBA) Property Line NW 110 50 45 51 6 10 Property Line SW 140 48 45 50 5 10 Property Line, SE 145 47 45 49 4 10 Property Line NE 100 51 45 52 7 10 Residence 2,SE 200 44 46 48 2 10 Residence 5, NW 470 37 46 47 1 10 In addition to limiting the increase in the ambient A-weighted level to 10 dBA, the DEP Policy prohibits sounds with pure tones as defined in the policy. The facility equipment (when operating) will contribute significantly only at the property line locations. The equipment sounds are well below the ambient level at other locations so will not produce tones. Table 4 summarizes the predicted octave band levels within the standard frequency bands. Verizon Wireless/North Andover 19 Noise Assessment Table 4: Evaluation of Potential Equipment Tones from Combined Levels Octave Band Center Frequency(Hz) Receptor Location 31.5 63 125 250 500 1000 2000 4000 8000 Property Line SW 59 58 53 50 48 44 40 37 30 Residences, SE 58 56 51 48 46 42 39 35 27 Residences, NE 57 56 51 48 45 42 38 34 26 jProperty Line NW 1 47 1 47 1 38 1 33 1 31 1 28 1 23 1 18 11 13 A review of the octave band spectra in the context of the DEP Noise Policy indicates that no tones are expected at any modeled location. 5 Conclusions The combined rooftop wireless equipment installation will comply with all applicable noise regulatory requirements, and noise abatement was emphasized in the design of the proposed facility. The ambient sound levels were established by field measurements. Equipment operating sound levels were quantified by using vendor estimates. Most of the time, the installation will produce no sound. This compliance evaluation is based on all equipment operating at the facility at the same time. It should be noted that both the environmental control units and the generator are occasional sources only. The facility will usually produce no sound impact in the community. The environmental control units may operate for ventilation at any time year round. Only during periods of prolonged high temperature will the environmental control unit cooling equipment cycle on and off. The generator will only be routinely operated for testing of its function. In this conservative study, it is assumed that the highest corresponding equipment sound levels will p g ment q p be continuous. In compliance with the North Andover Requirement, the equipment sound p q levels will be at or below 50 dBA at the base of the nearest structures. An evaluation of compliance with the DEP Noise Policy was conducted at property line and residential locations. The results indicate that the nighttime ambient sound level will increase by 7 dBA or less at property line locations. The nighttime ambient sound level will increase by 2 or less at neighboring residential properties. The equipment will make no significant increase in the daytime ambient levels. Verizon Wireless/North Andover 20 Noise Assessment •, s x Y j f r IX , °�"' '� =, '•* z .* a ernt °" `�dam" �d�" �:. .. '4► .F: ' � r � T u"'� mrpw s 2 u NQ ill r k .�� _ r � Residentlia s �' ►• x� r^t • from 19" Of SCALE IN FEEr 0 250 500 Y1 4 Y 4 Figure i ROBINSON & COLE LLP MICHAEL S. GIAIMO One Boston Place Boston,MA 02108-4404 Main(617)557-5900 Fax(617)557-5999 mgiaimo@rc.com Direct(617)557-5959 Via Overnight Delivery April 1, 2002 Board of Appeals Town of North Andover 27 Charles Street North Andover,MA 01845 Re: Application of Cellco Partnership d/b/a Verizon Wireless: 401 Andover Street, North Andover,Massachusetts Dear Board Members: At the hearing on March 12, 2002 in connection with the above-referenced matter, in response to a question concerning the ability of the proposed facility to comply with the noise standards of the Zoning Bylaw, I submitted a report by Modeling Specialties dated June 22, 2001, and engaged in a somewhat confused discussion with the Board concerning that report. The enclosed revised version of that report, dated March 27, 2002, addresses two aspects of the earlier report that contributed to the confusion. As disclosed in the covering letter from Douglas Sheadel,the revised report corrects two typographical errors in the earlier report, and clarifies the presentation of data concerning the compliance of the proposed facility with state and local noise standards. The corrected report confirms the conclusion of the original report, consistent with my statement to you at the hearing,that the Verizon Wireless facility will comply with the applicable noise standards under the provisions of the North Andover Zoning Bylaw pertaining to wireless communications facilities, as well as those enforced by the Department of Environmental Protection. Law Offices .ff BOSTON nnI= HARTFORD NEW LONDON STAMFORD 2002 GREENWICH BOARD OF APPEALS NEW YORK www.rc.com w t ROBINSON & COLELLP Board of Appeals Town of North Andover April 1, 2002 Page 2 Because this report presents no new information,but rather corrects and clarifies the record with respect to information that was previously submitted at the hearing, I am asking that you accept it as part of the record in this case. Sincerely yours, Michael S. iaimo MSG/kp Enclosure cc: North Andover Town Clerk David Tivnan FAX TRANSMISSION TO: r d FAX NUMBER: Cf FROM: Town of North Andover Zoning Board of Appeals 27 Charles Street North Andover, Massachusetts 01845 FAX: 978-688-9542 PHONE: 978-688-9541 DATE: `" ► SUBJECT: \J e..V-i z a 0 NUMBER OF PAGES: REMARKS: �� � `' J �'~ � �- v��► -LD v� ���v r �� war 17 �, ,2 ) FAX TRANSMISSION TO: Robert P. Ford, Esq. FAX NUMBER: 978-681-6333 FROM: Town of North Andover Zoning Board of Appeals 27 Charles Street North Andover, Massachusetts 01845 FAX: 978-688-9542 PHONE: 978-688-9541 DATE: 3-19-02 SUBJECT: Verizon/Cellco appeal NUMBER OF PAGES: 1 REMARKS: The 3-12-02 Verizon hearing was closed as "under advisement". Mary Leary-Ippolito said that that means the public evidence part of the hearing is closed. Verizon-Cellco wants to . submit more evidence. Can I still fax them a "waive time constraint" form? Are they out of luck? Town of North Andover , gORTH Office of the Zoning Board of Appeals Community Development and Services Division Heidi Griffin, Division Director 27 Charles Street �ss�c►+uSE� D. Robert Nicetta North Andover, Massachusetts 01845 Telephone (978)688-9541 Building Commissioner Fax(978)688-9542 Date: 1 TO: Town of North Andover Zoning Board of Appeals 27 Charles Street North Andover, MA 01845 o-1 low Please be advised that I have agreed to s to make a decision regarding the granting of a Variance and/or Special Permit for property located at: STREET: �� t /q v n S 4 TOWN: A �� �6 L" Z� MEETING DATE(S): 2-I1 ?--IoZ ed -fo 3IIZf 0 L NAME OF PETITIONER: Signed: PETI I0 (or Petitioner's Repr sentative) Waivetimeconl2/01 OPEB 1 2 2002 BOARD OF APPEALS BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535 l VerlZ'Vnwireless Verizon Wireless February 12,2002 400 Friberg Parkway Westborough,MA 01581 North Andover Zoning Board of Appeals Phone 508 330-3300 Town Hall Fax 508 330-3400 North Andover,MA 01845 RE: Verizon Wireless proposed Wireless Communication Facility at 401 Andover Street,North Andover MA. Dear Board Members: a® J Cellco Partnership d/b/a Verizon Wireless has leased space on the John McGarry Building located at 401 Andover Street for the placement of a Wireless Communication Facility. The proposed cellular facility is needed to provide improved coverage and capacity relief to Route 114, Route 125 and the surrounding North Andover area. Verizon Wreless currently has extremely poor coverage in this area with signal strengths between—85dBm and —95dBm. Call data taken from the surrounding cellular facilities indicate that this area is experiencing an unacceptable level of dropped calls and ineffective attempts Verizon Wireless' North Andover Cellular Facility (Boston Road) and West Andover Cellular Facility (Haggetts Pond Road—Wood Hill) are currently the primary cellular facilities providing coverage to this area for Verizon Wireless customers. Verizon Wireless constantly monitors the performance of all of its cell sites and has determined that both the North Andover and West Andover sites sustain an unacceptable level of dropped calls and ineffective attempts. The North Andover Cell is averaging 2.38 % dropped calls and 2.85 % ineffective attempts while the West Andover Cell is averaging 1.82 % and 2.00% respectively. These are averages from the previous four Friday afternoons during a one hour peak usage time period (5:00 PM to 6:00 PM) . Dropped calls are the calls that are lost during transmission when a caller moves beyond the range of one cell site and there is insufficient signal capacity or strength from the next site to pick up the call. Ineffective attempts are calls that cannot even be initiated because there is not enough signal or not enough available signal capacity to accommodate the caller. The intersection of Rte. 114 and Rte. 125 handles a very large volume of traffic. The primary objective of the proposed cellular facility will be to provide excellent coverage to this location and thereby improve the performance of the Verizon Wireless network in North Andover. The proposed cellular facility will have a cell radius of approximately one mile. Verizon Wireless is providing to the board theoretical propagation models and actual drive test data to substantiate our coverage needs and objectives in North Andover. Verizon Wireless is happy to answer any questions or provide additional information on this proposed facility. Sincerely, Charles L. Dean Radio Frequency Engineer Verizon Wireless Phone: 508-330-3311 D Mobile: 617-680-5723 MAR 1 2 2��2 Email: Charles.Dean@VerizonWireless.com BOARD OF APPEALS s h. AFFIDAVIT OF DAVID TIVNAN In support of the application by Cellco Partnership d/b/a Verizon Wireless to the Town of North Andover Zoning Board of Appeals (ZBA) for a special permit and a variance from provisions of the Town of North Andover Zoning Bylaw in order to construct and operate a wireless communications facility on the property located at 401 Andover Street,North Andover, Massachusetts, the undersigned states as follows: 1. 1, David Tivnan, am employed by Verizon Wireless as a Real Estate Consultant, and in that capacity I am responsible for Verizon Wireless' site selection in the area that encompasses North Andover, Massachusetts. 2. The purpose of this affidavit is to supplement the testimony I presented at the public hearing on February 12, 2002 with respect to the above referenced application. 3. The Andover 2, MA search ring was released by RF to the Real Estate Department on 12/13/99. The intent of the search ring is to provide CDMA coverage and capacity designed to relieve pressure from excessive call volumes served by surrounding sites in North Andover. More specifically, the site was designed to off-load neighboring sites by providing high capacity relief at the Routes 114 and 125 intersection. At high volume times, there is a gap in coverage at the Routes 114 and 125 intersection because signal capacity from neighboring sites is fully utilized. 4. During the initial search of the area for existing towers and/or tall structures that could be used as a Wireless Communications Facility,three potential sites were identified. The three sites were: 1.)North Andover Office Park, 203 Turnpike Street, 2.) Merrimack College, and 3.) John McGarry Building, 401 Andover Street. These sites were chosen because each had the sufficient height for the antennas to provide the adequate coverage needed. Other buildings in the area were not tall enough to provide sufficient coverage. 5. The primary candidate was the North Andover Office Park, located at 203 Turnpike Street. This site was chosen because Omnipoint, now known as Voicestream, was already leasing rooftop space from the landowner. Voicestream has antennas attached to the chimneys of the building and they are painted to match the brick in an effort to mitigate the visual effects. It was my intent to duplicate the existing installation with a landlord who has already been through this type of lease negotiation. I contacted the Landlords management company and began lease negotiations. Unfortunately, due to the inability to reach agreement with that landlord,the site at 203 Turnpike Street is not available to Verizon Wireless. 6. In addition, I contacted Merrimack College to inquire about its interest in leasing rooftop space on one of its tall buildings located closest to the Routes 114 and 125 intersection. Months later and after several visits to the campus and discussions over the telephone IMAA° T BOARD D OF APP AI . L i with the Director of Telecommunications, I was informed that the College was not interested in leasing space to Verizon Wireless for wireless communications antennas 7. In connection with the 401 Andover Street site, I contacted Mr. John McGarry,the property owner, and began lease negotiations, which were finalized on December 19, 2000. 8. The installation at 401 Andover Street will be of stealth design. The equipment will be located inside the attic of the building. The antennas will be fagade mounted to the existing parapet on the roof of the building and painted white to match its background. A natural gas fueled generator will be located on the rooftop next to the existing ventilation equipment, and will not be visible from street level. Verizon Wireless installs generators at all of its sites so there will never be down time, especially in times of emergency, such as power outages due to bad weather or other events that cause a failure to the power supply. 9. Based on the above, in my opinion,the site at 401 Andover Street is the only site available within the search ring to meet Verizon Wireless' coverage objectives for the area and will have virtually no impact on surrounding property owners. Signed under the pains and penalties of perjury thisAday of February 2002. I � David Tivnan �'� "�x ._ , i }f a a While the configuration of the rooftop equipment is under development, it will be similar in character to many other items of equipment that are already in the project area. However, the proposed equipment will be small compared to most of the existing equipment. Figure 6 shows an image of other equipment that already operates in the project area. The environmental control units, when operating, will produce approximately 59 dBA at a distance of 30 feet. This represents the vendor estimate of the largest equipment that is being considered for this installation. The sound from HVAC equipment is also directional in nature. The sound will be emitted only from the condenser coils and associated fans. Some benefit can be obtained from directing this sound in a non-sensitive direction, such as a vertically. It is also assumed that the facility will have redundant equipment to assure adequate environmental control. Emergency Standby Generator. This unit will not be operated to provide routine power to the facility. There are only two occasions when the generator will be used. The first is the routine periodic testing of the unit. aThese tests could occur as often as once per week but only during the daytime hours. The equipment will incorporate substantial noise control features that are discussed below. Even during the test events, the sound alevels will allow the combined facility to meet the daytime sound level criteria. A generic acoustical enclosure design for the Kohler equipment is shown in Figure 7. The other occasion when the generator will operate is during the loss of utility a power. These rare events are most likely to occur during exceptional conditions like major storms. They are considered upset conditions that are not addressed in this report. The resulting equipment sounds will be the asame as described below, but would have the potential of requiring nighttime operation or extended periods of generator operation. During those rare a events, the generator will produce 50 dBA or less at base of the nearest structure. The generator set that has been specified for installation at the site is a Kohler 50RZ. It is rated at 50 kW of standby power. A natural gas fired engine that is rated at approximately 68 hp will power the unit. For comparison, the engine is smaller than those that power most pickups. Because it is a fixed installation, substantially more noise mitigation can be applied than would be practical on a vehicle. Unsilenced, the generator set would produce as much as 94 dBA at a distance of 3 feet from the equipment. Verizon Wireless/North Andover 14 Noise Assessment i� 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 a d The engine will be installed in an enclosure that will obstruct the propagation a of sound. The engine sounds will be reduced by 15-20 dBA at the ventilation openings. The walls of the enclosure will provide substantially more sound reduction. A critical grade silencer that provides a 25-35 dBA reduction in r'1 resulting levels will abate the engine exhaust sound. The exhaust stack will u be directed vertically to further reduce the sound emitted in horizontal directions. D4 Results of the Equipment Noise Modeling The project noise modeling was structured to evaluate quantitative standards of the DEP noise policy. The modeling study predicts project sound levels at the property lines and at 6 residential locations. Figure 8 shows the sensitive areceptors used in this study. The modeling results demonstrate that the highest project sound levels are expected at the property lines and at the residential receptors identified as 2 and 5. When appropriate, the predicted level is added to the measured ambient levels to estimate the combined sound level with the equipment operating. Field measurements were limited n to areas where there was available public access, but are representative of �J the nearest residential receptors 2 and 5. This allows a comparison of the existing ambient to the predicted combined sound level of ambient plus aproject sources. Table 2: Equipment Sound Levels at Modeled Receptor Locations Receptor Location -Distance from Expected Equipment Equipment Level (Ft) (LQ,dBA) Base of Nearest Structure, NW 110 50 Base of Nearest Structure, SW 140 48 Property Line,SE 470 37 Property Line, NE 500 36 Residence 1, SE 330 39 Residence 2, E 200 44 a Residence 3, NE 350 39 Residence 4, N 550 35 Residence 5, NW 470 37 Residence(church)6,W 500 36 a Verizon Wireless/North Andover 17 Noise Assessment r. I L7J C -j L-_J L---i O C:__J O O O O O O O O O O O L-J I i i OUCT OUT TO FILE PLUMBER OR NAME OUT DATE. OUT TO FILE PLUMBER OR NAVE OUT DATE OUT TO FILE NUMBER OR NAME OUT DATE S M E A D UPC 51910 No. 125-OG SMEAD] HASTINGS,MN OUT TO FILE NUMBER OR NAME OUT DATE OUT TO FILE NUMBER OR NA[1f11E OUT DATE OUT TO FILE NUMBER OR NAME OUT DATE I, m UPC 51910 No. 125-OG ��� S M E A HASTINGS,MN 2 Discussion of General NoiseAnalysis ys s M ethods aThere are a number of ways in which sound (noise) levels are measured and quantified. All of them use the logarithmic decibel (dB) scale. Following is a a brief introduction to the noise measurement terminology used in this assessment. 2.1 Noise Metrics The Sound Level Meter used to measure noise is a standardized instrument.' It contains "weighting networks" to adjust the frequency response of the instrument to approximate that of the human ear under various circumstances. One of these is the A-weighting network. A-weighted sound alevels emphasize the middle frequency sounds and de-emphasize lower and higher frequency sounds; they are reported in decibels designated as "dBA." Figure 3 illustrates typical sound levels produced by sources that are familiar from everyday experience. The sounds in our environment usually vary with time so they cannot simply be described with a single number. Two methods are used for describing variable sounds. These are exceedance levels and equivalent level. Both are derived from a large number of moment-to-moment A-weighted sound level measurements. Exceedance levels are designated L,,, where "n" can have any value from 0 to 100 percent. For example: a ♦ L90 is the sound level in dBA exceeded 90 percent of the time during the measurement period. The L90 is close to the lowest sound level observed. It ais essentially the same as the residual sound level, which is the sound level observed when there are no loud, transient noises. a ♦ L50 is the median sound level: the sound level in dBA exceeded 50 percent of the time during the measurement period. ♦ L10 is the sound level in dBA exceeded only 10 percent of the time. It is close to the maximum level observed during the measurement period. The L10 is a sometimes called the intrusive sound level because it is caused by occasional louder noises like those from passing motor vehicles. I� Q American National Standard Specification for Sound Level Meters, ANSI S1.4-1983, published aby the Standards Secretariat of the Acoustical Society of American, NY. aVerizon Wireless/North Andover 4 Noise Assessment o o a a 0 o r� o 0 0 o a o r� o 0 4 i f Y� a a o Environmental Noise Impact Assessment Q Telecommunications Site Development North Andover, Massachusetts June 22, 2001 Q Prepared For: aVerizon Wireless C/o Michael S. Giaimo, Esq. Robinson & Cole, LLP Li One Boston Place L Boston, MA 02108-4404 Prepared By: Modeling Specialties ecialties 30 Maple Road Modeling Westford, MA 01886 specialties p � C� C� OdL� MAR 12 2002 BOARD OF APPEALS C� C� D D D D D O O C� C� D O D D D D D C�7 � I I j i p0Modeling Specialties C, 00 Air Quality Noise Visual CJune 22, 2001 n The Town of North Andover, Zoning Board of Appeals RE: Environmental Sound Assessment—Wireless Service Facility CMembers of the Board: Modeling Specialties, an environmental consulting firm located in Westford, Massachusetts, has conducted an assessment of environmental sound that could result from the installation of Wireless Service equipment on the roof of the commercial office building at 401 Andover Street in North Andover. Verizon Wireless, who commissioned the study, provided the C necessary engineering and planning information to support the evaluation of project sounds. The ambient baseline sound levels were established by field measurements using the sound level metric specified by the DEP at the property line and nearby residences. The C corresponding DEP daytime noise limit in the project area is 60 dBA to 62 dBA. The DEP nighttime noise limit in the project area is 55 dBA to 56 dBA. These are both higher than the North Andover criteria of 50 dBA, applicable at the base of the nearby structures. Therefore, the more stringent North Andover standard provides the basis for the facility design. A detailed compliance evaluation based on the North Andover and DEP criteria is reported separately in response to the filing requirements in the North Andover Zoning Bylaw Section 8.9.5(d)(vi). CThis evaluation is conservative in nature, meaning that the actual sound levels are expected to be lower than predicted here. The study is based on having all equipment at the installation operating at the same time. In contrast to this assumption, the proposed equipment will usually make no sound. The environmental control units on the roof will occasionally cycle on to provide heat, ventilation, or cooling to the attic equipment rooms. The units will cycle Cindependently of one another, but have been evaluated as though they would operate together. i Two primary sources at the facility will have the potential to produce sound that can be heard beyond the site boundary. These sources are the gas-fired emergency standby generator and the environmental control units, which support the Verizon equipment. The typical equipment operating sound levels were quantified by using vendor estimates. The sound from the environmental control units was confirmed by field measurements at existing installations of C typical equipment. This installation is expected to produce less sound than is typical, since much of the ventilation equipment will be located inside the attic space. Only the condenser coils and associated fans will be located on the roof. Therefore, this noise study based on a Ctypical installation is considered conservative. Even under these conservative modeling assumptions, the installation will produce sound levels that meet the 50 dBA North Andover criterion at the base of the nearby structures and will produce sound levels that are well below the DEP criteria. Since sound levels decrease with increased distance, the levels will be lower at more distant locations. For your convenience,the results of the study are summarized in the following table. C 30 Maple Road,Westford,MA 01886 Ph:(978)392-5817 Fax:(978)392-5818 email:dsheadel@modspec.com C L J L J L J L J L J L___J L J L .J L . .J L J L J L J L J L. J L J L J L J L J L J [ I 1 i f i C C CPredicted Equipment Levels Compared to Lowest Measured Ambient Levels (Nighttime) Receptor Location —Distance from Expected Baseline Ambient Increase Equipment Equipment Level Ambient with Equipment (dBA) (Ft) (L,3Qf dBA) (L9o,dBA) (Leq,dBA) Property Line NW 110 50 45 51 6 CProperty Line SW 140 48 45 50 5 Property Line, SE 145 47 45 49 4 CProperty Line NE 100 51 45 52 7 Residence, SE 200 44 46 48 2 n Residence, NW 470 37 46 47 1 LI certify that the analysis of sound levels is accurate and consistent with prediction methods that are common to the acoustic analysis of such sources. Based on the analysis, the equipment C operating sound levels will meet the noise standards of the North Andover By-Law during both daytime and nighttime periods. I am qualified to make this statement based on training and experience in conducting analyses of environmental sounds. I am a Certified Consulting Meteorologist with approximately 20 years experience conducting environmental analyses in the technical areas of air quality,noise, and visual aesthetics. I am a C technical expert on the noise committee of Air & Waste Management Association headquartered in Pittsburgh, Pennsylvania. I have published many refereed papers on various aspects of environmental noise. I have analyzed the noise emissions of major industrial Cprojects such as power plants, wastewater treatment plants and manufacturing facilities. Related to these analyses, I have testified as a technical expert before the Energy Facility Siting Boards of Massachusetts and Rhode Island. I have also testified before many regional and Cmunicipal approval boards in Massachusetts, Rhode Island, New Hampshire, Maine, New York,Michigan, Illinois, and California. Thank you for your attention. Respectfully, CModeling Specialties a__� T_NJCL'�) (�) kw-dj Douglas L. Sheadel, CCM CPrincipal C C C L J L J L J L J L J L .1 L .1 L J L J L J L J L J L J L J L J L J L J i I i i i ,a I a Environmental Nose Impact Assessment D a Q Telecommunications Site Development North Andover, Massachusetts 0 June 22, 2001 Prepared For: Verizon Wireless C/o Michael S. Giaimo, Esq. Robinson & Cole, LLP One Boston Place Boston, MA 02108-4404 a aPrepared By: oa� . Modeling Specialties 30 Maple Road Modeling Westford, MA 01886 ri Specialties C C c� � � o 0 0 © a © o 0 0 0 0 0 0 0 0 i 4 ENVIRONMENTAL NOISE EVALUATION aVerizon Wireless is developing a telecommunications facility in North Andover, Massachusetts to support personal wireless communication in the area. The proposed facility will be integrated into an existing commercial office building located at 401 Andover Street. The installation will include transmission antennae, environmental control equipment and a generator athat will be located on the roof. Supporting electronics will be located in the attic space of the existing structure. The electronic equipment will produce no sound. Some of the supporting equipment is environmentally sensitive. The attic rooms will be heated and cooled to meet equipment requirements. The environmental control equipment will typically produce no sound, but has the potential to affect offsite sound levels when it is actively providing ventilation to the equipment rooms. The facility will also include a small emergency generator, that will occasionally be tested. This report addresses the existing sound levels in the area, the sources of sound at the proposed site, and the potential of the installation to affect the community in terms of environmental noise. 1. Overview of Project and Site Vicinity aThe project site is located at 401 Andover Street in North Andover. The site is less than one mile from North Andover Center. The proposed site is on the a roof of a two story commercial property that is currently used for commercial offices. The host property is bordered by other commercial properties to the west. Properties to the south of Andover Street and north of Peters Street are residential. Figure 1 shows the site location and major area roadways on a backdrop of J Y p the 1987 USGS topographical map. As shown by Figure 1, the site is located approximately 1 mile from Interstate 495 and approximately 2% miles from the Lawrence Municipal Airport. The proposed site is located at an elevation of approximately 216 feet mean sea level (msl). The terrain in the area drops toward the north and northwest, exposing the site to significant sound from the freeway and airport during periods that are not dominated by local sources. Figure 2 shows an image of the existing building with proposed equipment locations annotated. a a Verizon Wireless/North Andover 1 Noise Assessment E::D D D D D D D D i I I D `a9S! � +5S { � .�' �'�-� Aei4ty• Dou101c �C1i� ��� �1. ',�� I,� � ,� � v'i=s°»'r.° -.�` '"f"-'" Bri6o9 / ♦�,,,,- SufW -. j .5 � � , A♦ e"tter e ¢fi '�?Y 111 Y ,UI `��•fes �Sralar��or•,. ar i `'� .•.: r i ;4,b^� �`.`, 5 �.,,a:�� , w Mum r m'Gvr+IveLL Y i �y 4 IC V` I D 5� 61 _ g ,,,,�, _,yq s .. r _._ i _ it ar �•v ,' � i � Y � � _� •U5AF II y "� { 1" \ r r r�'•"`�: � �. 1 f Y Itill, �^ r } ti' 'w •1 •I • � � r �� � � f r• �• r", � T`{ynr unuW r >r: Y`' ' Site i��4 •4 t 1 r ci In •�rl r j o N From USGS 1:25,000 Topo Quad D Lawrence-1987 Y's" r! r r n " •.1 i S It +� s; �• }lel ' �t �: .• .� r "i � ,;1 r SCALE in FEET D Y �. . iy, p�f� �� 1 �• " � r.. 0 1500 3000 .L, Figure 1 USGS Topographic Map of the Project Area Showing Are a Terrain and Major Roadways s � D D Verizon Wireless/North Andover 2 Noise Assessment L- J 1 O O O O O O O O O O O O O O O O O O O Rooftop Rooftop Generator Condenser —", r Other Equipment Inside `=�r Attic Space Jk a =_ Andover Street Figure 2: Site Photo Showing the Orientation of the Site and Proposed Equipment Locations Verizon Wireless/North Andover 3 Noise Assessment 0 0 0 0 0 0 0 0 0 0 0 0 D D COMMON INDOOR SOUNDS dBA COMMON OUTDOOR SOUNDS D120 Jet Takeoff(300 ft.) Rock Band D 110 Chain Saw D 100 Inside NY Subway Train DFood Blender 90 Truck at 100 ft. DGarbage Disposal 80 DVacuum Cleaner 70 Cas Lawn Mower at 100 ft. TV/Radio Listening Auto at 50 ft. (41) mph) Normal Conversation 60 Ileavily Travelled Ilighway at 1000 ft. D Dishwasher in Next Room 50 'Moderate Rainfall on Foliage Bird Calls at 100 ft. DRefrigerator 40 Small Brook at 25 ft. Library 30 Rural Community (nu nearby sounds) DBedroom at.Night D 20 10 D Threshold of Hearing(laboratory) 0 D Figure 3: DTypical Sound Levels from Everyday Experience D D DVerizon Wireless/North Andover 5 Noise Assessment C-71 1 f I By using exceedance levels it is possible to separate prevailing, steady noises (1-90) from occasional, louder noises (1-10) in the environment. The equivalent level is the level of a hypothetical steady sound that has the same energy as the actual fluctuating sound observed. The equivalent level is designated L,Qi and is also A-weighted. The equivalent level is strongly influenced by occasional loud, intrusive noises. When a steady sound is observed, all of the L„ and L,Q are equal. The criterion that is referenced in the North Andover reporting requirements is the aMassachusetts Department of Environmental Protection noise regulation, 310 CMR 7.10. Since the DEP noise policy specifies the L90 metric, it is used in this study to represent the existing background sound level. All broadband levels represented in this study are weighted using the A-weighting scale. In the design of noise control treatments, it is essential to know something about the frequency spectrum of the sound of interest. Noise control treatments do not function like the human ear, so simple A-weighted levels a are not useful for noise-control design or the identification of tones. The spectra of sounds are usually stated in terms of octave band sound pressure levels, in dB, with the octave frequency bands being those established by standard.2 The sounds at the proposed site have been evaluated with respect to the octave band sound pressure levels, as well as the A-weighted equivalent sound level. 2.2 Noise Regulations and Criteria Sound compliance is judged on two bases: the extent to which governmental regulations or guidelines are met, and the extent to which it is estimated that the community is protected from the excessive sound levels. The governmental regulations that may be applicable to sound produced by activities at the project site are summarized below. OFederal a Occupational noise exposure standards: 29 CFR 1910.95. This regulation restricts the noise exposure of employees at the workplace as referred to in OSHA requirements. Workers will not routinely attend this facility. Furthermore, the facility will emit only occasional sounds of modest levels, as demonstrated by this study. 2 American National Standard Specification for Octave, Half-octave and Third-octave Band aFilter Sets, ANSI S1.11-1966(R1975). Verizon Wireless/North Andover 6 Noise Assessment C�7 C�7 C-73 I a State • 310 CMR §7.10 U qualitatively prohibits "unnecessary emissions from [a] source of sound that may cause noise". This is interpreted quantitatively by MDEP's Form BWP AQ SFP3 and their DAQC Policy 90-001. In Massachusetts, noise is regulated as an air pollutant. The MDEP's Noise Policy states that a new noise intrusion may not increase the broadband sound level by more than 10 dBA over the pre-existing 1_90 ambient level. Tonal sounds, defined as any octave band level that exceeds the levels in adjacent octave bands by 3 dB or more, are also prohibited. This policy addresses the sound levels both at the property lines and at the nearest residences. While the Department has the authority to invoke this regulation, it is usually applied to major projects, which require DEP Air Plans Approval. Since the DEP standard is cited ain the local requirements, it is used as a basis for the analysis. Local • The Town of North Andover Zoning Bylaw, Section 8.9.4(e) addresses environmental standards for wireless service facilities, including sound generated by the facility equipment. Section 8.9.4(e)(v) provides that, "Roof-mounted equipment or side mounted equipment for wireless service facilities shall not generate noise in excess of 50 dBA at ground level at the base of the building closest to the antenna." The sound level measurement convention is used in this study, whereby "ground level" is taken to be 5 feet above the ground, representing the ears of a standing person. Noise filing requirements in Section 8.9.5(d)(vi) outline the noise study requirements, including compliance with the DEP standards. It is the purpose of this report to address these filing requirements. 3 Existing Community Sound Levels A site survey and noise measurement study was conducted for the proposed installation site. The sound levels were established by direct measurements. The results of the survey are presented in the 1_90 metric as prescribed by the DEP standard. Field measurements were conducted at three locations, corresponding to the site and nearest noise sensitive community areas in representative directions from the installation site. The measurements were made at representative periods of the day during conditions that produce low ambient sound levels. Figure 4 shows the measurement locations on a backdrop of the 1995 USGS aerial photograph. Area land use was characterized by a walk-around survey and is annotated on Figure 4. a Verizon Wireless/North Andover 7 Noise Assessment I i 1 5 � • .. yw ' 'fix t� 1 17. 11�"Wit Xk Tr rg� 7 ;odevi '' , 40 Af y S 1 • �� .` %� .�Vim,V� �� � ,✓�� �; � �� �"a. �. A. t �R Resident i. •' it s s . reov �► 14..4. •� z Al 40 Figure 4 r. ' Aerial Photograph Sh• • Site and Area • Uses C� D D D D D D D D D D D D D D D D D D i I � a The results of the survey allow both quantitative and qualitative analyses of the acoustical environment surrounding the proposed facility. The characterization of ambient sound levels reflects the variations caused by volume of roadway traffic, aircraft activities, birds and neighborhood activities. These types of sources are common in rural and suburban mixed land-use communities. 3.1 Measurement Methodology The L90 levels are intended to represent the background sound levels in the a area. Since sound impacts are greatest when existing noise levels are lowest, the study was designed to measure community sound levels under conditions typical of a "quiet period" for the area. The community levels were made during three separate periods, nighttime, early morning and daytime. All measurements were made under community conditions that included low wind, dry roads and no precipitation. The meteorological conditions during the measurements were noted from a field observations and summarized below. A handheld electronic turbine wind meter was used to measure wind speeds. A mercury sling psychrometer was used for temperature and moisture measurements. April9 survey:20, 2001 nighttime : Clear skies, 37° F, calm air with 72% relative Y humidity. April 20, 2001 mid-morning survey: Clear skies, 50° F, calm air with 40% relative humidity. aApril 20, 2001 daytime survey: Clear skies, 64° F, winds calm to 5 mph from the west with 30% relative humidity. Sound level data were collected using a Rion NA-27 sound level meter. The sound level meter meets the requirements ANSI S1.4 Type 1 — Precision specification for sound level meters. The meter was mounted on a tripod approximately 5 feet above the ground. The microphone was fitted with the factory recommended 3 inch foam.windscreen. The meter was programmed to take measurements for 20 minutes and store the statistical A-weighted data for processing. Once processed, the statistical levels were documented for use in this analysis. The meter is also equipped with a real time octave band filter set. The filter acomplies with the requirements of the ANSI S1-11 for octave band filter sets. The meter has been factory verified within one year of the study. It was acalibrated in the field using a Larson Davis CAL200 calibrator before and Verizon Wireless/North Andover 9 Noise Assessment C� D D D D O D O D D D D C� D D O D D �] C a a after each measurement session. The results of the field calibration indicated athat the meter did not drift during the study. 3.2 Measurement Locations aThree measurement locations were selected to obtain representative levels at the proposed site and at the nearest residences. The receiving properties are close to the site, so there is little distinction between the levels measured at the three locations. The Sound Measurement Locations (SML) are shown in Figure 3 and are described below: ♦ SITE is near the eastern property line of the property at 401 Andover Street. This location represents the area of the site that borders the park/open space on the adjacent parcel. This is representative of the quietest area of the site. ♦ SE is along Rock Road to the southeast of the site. Residential properties abut Andover Street, so the measurement was made at the typical residential setback. This location is representative of the closest residences to the equipment. a ♦ NW is on a grassy area of the church property to the northwest of the site. The measurement was taken near the residential property line at the typical residential setback along Peters Street. 3.3 Measurement Results Existing levels in the project area are dominated by sounds from roadway traffic, commercial activities and aircraft traffic. Other sounds contributed to the measured levels but were only occasionally heard. Occasional residential activities such as vehicle movements and dogs barking were observed at all locations. Bird sounds were noted to be a contributing source of ambient sound, but are largely eliminated from the L90 metric specified by DEP (which only measures sound that occurs 90% of the time). The results of the ambient sound level measurements are shown in Table 1. Each measurement was used to represent several hours of the day. Daytime hours were divided into three blocks of 5 hours each. The nighttime measured levels represented the nighttime period of 9 hours. A penalty of 10 dBA was added to the nighttime levels. The corresponding Leq levels were logarithmically summed to estimate the ambient Ldn level. Table 1 a summarizes the results of the ambient sound level measurements. Verizon Wireless/North Andover 10 Noise Assessment C� C�] C� D D Q D C� D D D D D D O D D D O i i I Table 1: Measured Sound Levels at the Measurement Locations Measurement Nighttime L90 Mid-Morning L90 Daytime Lao Location dBA dBA dBA Site 45 52 55 Southeast 46 52 54 Northwest 46 50 53 The measured levels range from 50 dBA to 55 dBA during the daytime. The levels were very similar from one location to another because of their proximity. All daytime levels were dominated by sound from traffic on nearby roadways. The traffic volumes seemed to be similar between mid-morning a and early afternoon conditions, but no traffic counts were conducted as part of this study. There was a light breeze during the daytime, which may have affected the L90 (background) level during quiet moments, but did not ever dominate the sound level. Residential activities such as pedestrians, children playing and yard maintenance were also noted during the daytime. The nighttime levels ranged from 45 dBA to 46 dBA. The similarity in nighttime levels is probably due to the distance from the sources that dominate the nighttime levels. These sources were traffic on Route 114, traffic on distant 1-495 to the north and occasional distant sounds that may have originated at the airport. Since all three locations are essentially the same distance from these sources, it is not surprising to see that the measured levels are so similar. 4 Expected Sounds from the Proposed Installation The proposed installation has been designed with significant attention to protecting the community sound environment. Most of the equipment planned for the installation will produce no sound. Sounds that will be produced by the other equipment will be adequately mitigated to prevent any asignificant effects at neighborhood locations. Planned mitigation measures include enclosing the equipment in the building attic space. Only air vents, condensers and an emergency generator will be located on the roof. The installation will be installed in a way that complies with the North Andover criteria of 50 dBA at the ground. In meeting this criteria, the installation will a produce sound levels that are well below the quantitative noise standard imposed by the Massachusetts DEP Policy. Verizon Wireless/North Andover 11 Noise Assessment c-� � � o o a o 0 0 0 0 0 0 0 0 o a o o r This analysis represents the most likely noise levels to be expected as a a result of the normal operation of the equipment, using data from potential vendors. This analysis demonstrates that it is feasible to operate the proposed equipment on the selected site well below noise performance goals. The final equipment design may incorporate different noise mitigation treatments than described here, but will be engineered to meet the same noise performance standards. 4.1 Modeling Methodology A computer model was developed for the project sounds based on conservative sound propagation principles prescribed in the acoustics literature. For conservatism, no attenuation credit is taken for soft ground absorption, foliage or tree cover, and other excess attenuation factors. Input source values for the equipment operating noise levels and building design were obtained through the acoustics literature and field measurements at similar equipment. Each of the potential sources during routine operation of the facility was identified. The sound from each source is estimated at the asource and at the nearest property lines. The source — receptor distances used in the modeling represent the actual 3 dimensional distances (accounts a for the elevated location of the sources). The sum of the contributing sources is used to represent the predicted sound level at the modeled location. Figure 5 shows the noise sources planned for the rooftop. ♦ Environmental Control equipment. The attic will have rooms that will house equipment that is environmentally sensitive. These rooms will be equipped with environmental control units to maintain the necessary conditions inside the shelter. A typical outdoor shelter would use a 24,000 Btu/hr air conditioning unit with a 1000 Watt heater. The heater would be aused during cold periods, but will produce no significant sound outside the enclosure. While the indoor space will require specialized equipment, it is assumed in this study to produce the same amount of sound as an outdoor unit. This is conservative, since the heaters, fans and compressors will be located inside the attic space. The only environmental control equipment slated for the rooftop is the condenser unit with enough fan power to blow air past the coils. The air conditioner will be used to maintain a temperature that remains below 90° F. The equipment will also be used to provide adequate ventilation for the enclosure and will operate when neither heating nor cooling is required. Verizon Wireless/North Andover 12 Noise Assessment a � c� a o o a o 0 0 0 � � t_ � �� � r� � � � i 0 0 .ti 0 OIZZ v Parapet Wall Zo Roof Slope Roof Slope Rooftop Condensers Proposed O Generator 0 Top of Roof 35.5 feet AGL Antenae O O w O `C Two Story Office Building 401 Andover Street Figure 5: Rooftop Plan Showing the Orientation of the Proposed Equipment Within the Parapet Walls Verizon Wireless/North Andover 13 Noise Assessment C J C--] C773 UJ 0 0 O c 0 rc 71 C7 0 C7 © i I i Existing HVAC Equipment in Project Area °V 16S -Xi a n .. ,r iii:•<. \,�j m ,i H . r m M y _ Figure 6: Site Photo Showing Existing Rooftop Equipment in the Project Area Verizon Wireless/North Andover 15 Noise Assessment 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 a - Generator set without protective cover. S'. -Typical Enclosure of the Generator (showing equipment inside). - Enclosed Generator, as proposed a i i i a Figure 7: Typical Kohler Generator Equipment and Protective Package a �, Verizon Wireless/North Andover 16 Noise Assessment 0 0 0 0 0 0 0 0 0 t IL A._ 1 � n 4 � `'• t V'f a y � a k ..r r pe x p' x . .- Xi N 1101 �* Y ,,, >> l / f1 ► Of AAU IN IS from USGS AaW Photo 1995 1 g. 1 SCALE CI C� L-J L� i i I I a 0 The DEP standard prohibits intrusions that cause the ambient baseline level a to increase more than 10 dBA at the property line and nearby residences. Table 3 summarizes the predicted sound levels at property line and residential receptors. Since the equipment design must be adequate to meet the more constrictive North Andover requirements, the combined.levels from all sources (continuous and daytime-only) remains well below the DEP nighttime criteria. Nevertheless, the generator testing is only planned during daytime periods. The daytime ambient levels are higher than the nighttime levels (see Table 1). Based on the measured levels, the equipment operation will have an insignificant effect (less than 3 dBA) on daytime levels at all property line and residential receptors. I Table 3: Equipment Sound Levels Compared to Nighttime Ambient Levels Receptor Location -Distance from Expected Baseline Ambient Increase Equipment Equipment Level Ambient with Equipment (dBA) (Ft) (Ley,dBA) (Lw,dBA) (Ley,dBA) Property Line NW 110 50 45 51 6 Property Line SW 140 48 45 50 5 Property Line, SE 145 47 45 49 4 Property Line NE 100 51 45 52 7 Residence 2, SE 200 44 46 48 2 Residence 5, NW 470 37 46 47 1 In addition to limiting the increase in the ambient A-weighted level to 10 dBA, the DEP Policy prohibits sounds with pure tones as defined in the policy. The facility equipment (when operating) will contribute significantly only at the aproperty line locations. The equipment sounds are well below the ambient level at other locations, so will not produce tones. Table 4 summarizes the predicted octave band levels within the standard frequency bands. A review of the octave band spectra shows that no DEP defined tones are expected at these locations. Table 4: Evaluation of Potential Equipment Tones from Combined Levels a Octave Band Center Frequency(Hz) Receptor Location 31.5 63 125 250 500 1000 2000 4000 8000 Property Line SW 59 58 53 50 48 44 40 37 30 Residences, SE 58 56 51 48 46 42 39 35 27 Residences, NE 57 56 51 48 45 42 38 34 26 Property Line NW 47 47 38 33 31 28 23 18 13 Verizon Wireless/North Andover 19 Noise Assessment a n E7 J E773 © =1 E= o 0 0 0 0 © o 0 0 0 0 0 0 5 Conclusions aThe combined rooftop wireless equipment installation will comply with all applicable noise regulatory requirements, and noise abatement was emphasized in the design of the proposed facility. The ambient sound levels were established by field measurements. Equipment operating sound levels were quantified by using vendor estimates. Most of the time, the installation will produce no sound. This compliance evaluation is based on all equipment operating at the facility at the same time. It should be noted that both the environmental control units and the generator are occasional sources only. The facility will usually produce no sound impact in the community. The environmental control units may operate for ventilation at any time year round. Only during periods of prolonged high temperature will the environmental control unit cooling equipment cycle on and off. The generator will only be routinely operated for testing of its j function. In this conservative study, it is assumed that the highest corresponding equipment sound levels will be continuous. In compliance with the North Andover Requirement, the equipment sound levels will be at or below 50 dBA at the base of the nearest structures. An evaluation of compliance with the DEP Noise Policy was conducted at property line and residential locations. The results indicate that the nighttime aambient sound level will increase by 7 dBA or less at property line locations. The nighttime ambient sound level will increase by 2 or less at neighboring residential properties. The equipment will make no significant increase in the adaytime ambient levels. a a 0 o Verizon Wireless/North Andover 20 Noise Assessment L J J L_ J i o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 3� I I 4 I . I� Town of North Andover °E N°orh,y Office of the Zoning Board of Appeals Community Development and Services Division Heidi Griffin, Division Director *27 Charles Charles Street "ssnc"us D. Robert Nicetta P ( )978 North Andover, Massachusetts 01845 Telephone 688-9541. Basildirtg Commissioner Fax (978)688-9542 N O 4 L.. �. a onz-; r EMr-7 Ti C CO C-31 N ) Legal Notice o r-CD g morn M North Andover Board of Appeals D -< s G M D NO Cn Notice is hereby given that the Board of Appeals will hold a public hearing at the Senior Center, 120R Main Street,North Andover,MA on Tuesday the 12th of February, 2002 at 7:30 PM to all parties interested in the appeal of Cellco Partnership d/b/a/Verizon Wireless for premises affected at 401 Andover Street,North Andover,MA requesting a Variance from Section 8.9, Paragraph 8.9.3(c)(v)(1) for relief from the 600 foot minimum setback requirement from the property line of properties which are either zoned for, or contain residential and/or educational uses of any types. Said premises affected is property with frontage on the west side of Andover Street within the General Business (GB)zoning district. Plans are available for review at the office of the Building Department, 27 Charles Street, North Andover, MA;Monday through Thursday during the hours of 9:30 AM to 3:00 PM. By order of the Board of Appeals William J. Sullivan, Chairman Published in the Lawrence Eagle-Tribune on January 28,2002 and February 5, 2002. Legalnotice2002-004 BOARD OF APPEALS 688-9542 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535 LAW ROBINSON & COLELLP wcccomES BOSTON • HARTFORD • STAMFORD GREENWICH MEW YORK One Boston Place Boston,MA 02108-4404 617-557-5900 Fax 617-557-5999 Michael S. Giaimo 617-557-5959 mgiaimo@rc.com January 9, 2002 Via Hand Delivery Town Clerk Town of North Andover Municipal Building 120 Main Street North Andover, MA 01845 Re: Application for Variance to the Zoning Board of Appeals for Property at 401 Andover Street, North Andover Dear Town Clerk: On behalf of Cellco Partnership d/b/a Verizon Wireless, I submit the enclosed application for Variance to the Zoning Board of Appeals for the property located at 401 Andover Street, North Andover(the "Site"). As explained in the attached narrative, Verizon Wireless submits this site plan with full reservation of its rights under local, state and federal law. A check made payable to the Town of North Andover for$50 for the Variance application fee is enclosed, as well as eleven sets of supporting materials and plans. Please contact me if you require additional information and to notify us of the time and place of the Zoning Board of Appeals meeting on this matter. Sincerely, Michael S. Giaimo Enclosures BOST1-752266-1 01/09/02 2:07 PM TOWN OF NORTH ANDOVER ZONING BOARD OF APPEALS APPLICATION OF CELLCO PARTNERSHIP D/B/A VERIZON WIRELESS FOR A VARIANCE TO DECREASE SETBACK REQUIREMENTS FOR PROPOSED WIRELESS SERVICES FACILITY AND, TO THE EXTENT REQUIRED,FOR AN ALTERATION TO A NON-CONFORMING STRUCTURE APPLICANT: Cellco Partnership d/b/a Verizon Wireless; PROPERTY: 401 Andover Street North Andover, MA Map 24,Lot 33 ZONING DISTRICT: GB—General Business District DESCRIPTION OF APPLICANT AND PROPOSED USE The applicant, Cellco Partnership d/b/a Verizon Wireless, requests a variance, to the extent required, from the 600 foot setback requirement of Section 8.9(3)(c)(v) of the North Andover Zoning Bylaw. To the extent required, Verizon Wireless also requests a finding under Section 9.1 of the Zoning Bylaw. Verizon Wireless is licensed by the Federal Communications Commission to provide cellular mobile radiotelephone service within the market area that includes North Andover. Verizon Wireless proposes to install antennas on the parapet and to place equipment behind the parapet and in the attic of the building located at 401 Andover Street (Rt. 125) (Map 24, Lot 33) in North Andover(the"Property") and has a lease with the Property owner for that purpose. The proposed facility will be a personal wireless services facility within the meaning of the federal Telecommunications Act,47 U.S.C. §332(c)(7)(C)(ii) and a wireless service facility under the North Andover Zoning By-Law. As shown on the plans submitted with this application, Verizon Wireless proposes to install three arrays of four panel antennas, for a total of twelve antennas, on the parapet of the prior non-conforming structure (non-conforming due to an encroachment into a required setback). These antennas will be painted to match the existing parapet color. In addition, Verizon Wireless will also install equipment within a room to be constructed in the attic space, as shown on the plans submitted with this application(See Plans Sheet S-3) and to install an emergency generator on the rooftop behind the parapet (See Plans Sheet S-1). The purpose of this installation is to provide telecommunications services to people living, working and traveling within North Andover. BOST l-751006-3 01/09/02 5:53 PM Page 2 of 4 Application for a VARLA NCE Zoning Bc,and of Appeals 1. Petitioner. Name, address and telephone number. Cellco Parmership d/b/a nazi«on Wireless 440 Friberg Parkway Westborough, MA 01581 (508) 330-3342 -TNo pctttloner shag be entered on the legal rogue and the decbim as tviwred abovc. 2. Owners of Land: Name, address and Telephone number and rtumbx. of years under this ownership: John MCGarry, P1,umi 2 Trn9t 401 Andover Street, North Andover, PSA (97$) 686-1111 Years Owned Land: 10 3. Location of Property: a- Sh-eet 401 Andover Street Zanirtg District GB - General Business b, Assessors: Map number 24 Lot Number_ 33 c, Registry of Deeds: Book Number 1773 Page Number. ?50 4. Zoning Sections under which the petition for the Variance is made, 8.9.3.C. (V) _1 'Refer to I*ParvA Denial and Zaning V) t Mm R viawas op me BidlCrty Cacgnllr ego• S. Describe the Variance request Sae Attached Na=ative -rho above descripd;; seat!bA irmpd j6jthe purpose of ttwe WSWl noffm and I Wort A more defatted deed Wdw I:ro*d ed Zoning Board Rules and Regrdadons as Cftd an page 4 e[alis appilc2da►.Ralkaa by the apptiwrR w deal •dessMee Mw lid In the I mgvest r+rsy rrsuR In a decWon that does not address ire Wan of Me app!cW& The decftkn-0 be 9"Wed w the reqs by Vh,I app5cw"and%M not involve addrl0nal hwvm net inciu4ed abort. 6a, Difference from Zoning By-Law requirements: Ind--icat4 the dimensionu that will not meet current Zoning 8y-4.2w Re Wrern®rtft, (A and B are in the trio of a tot split) Lot Area Open Space P'em*nt Lot Frontage Parking Minimum Lot set aiz* Sq. Ft. sq. FL Covwage Feet Spaces Front Side A Side 8 Rear A N/A •,6 B. N/A j AN! 1-0 13,3 BOARD OF APPEALS ��'���,; �� Page 2 of 4 . Application for a VARLA N C E • • _' .. .. � • i!.i �i CVS.. w.. � � �_•Y•.Y•.+.. � I• w.. r�.�.. Zoning Bo 3rd of Appeals 1- Petitioner. Name, address and telephone number: Cellco Parcnership d/b/ayarUon Wireless 400 Friberg Parkway, WestborouSh, MA 01581 (508) 330-3342 -The pdIdaner shag be tutored on the lege ncrir�and the&-cb*n as enwred abaft. 2. Owners of Land_ Name, address and Telephone number and numt* of years under this ownership- John Mccarry, Piumi 2 Trunt 401 Andover Streec, North Andover, MA (978) 586-1111 Years Owned Land: 10 3- Location of Property: a_ Sheet 401 An&nrer Scraer Zaning District GB - General Business b, Assessors: Map number 2-4 Lot Number_ 33 c, Registry of Deeds: Book Number 1773 Page Number 250 4. Zoning Sections under which the petition for the Variance is made, 8.9.3'C.(v) ,I 'Refer too*Penni!Deriw and Zoning t3�a�w Plat Review as moo try the Bud ft GamRwcsWw S. Describe the Variance request See Attached Narrative 'The anove de9aiPd=shall 60 umed tine•the parposs or the NMW netlee and 4erW I L A more debdW dost;1pdm is reatuknd Zoning Board Rules and Regtdadoes as Coed on 4 attltis Fantim tl'ie peu mayumd to uta a deelbslon ls�does aat addles Qee► P�9e 6Y F B ataaril•eleser:q the regrtast may r=se,h In of llle applbrsrrt. The deGlsien Wil tte 6ttttleed to the eogelest ty t81+ appQgat attd wl1!not impNre. adelhlenaf heenro net InOe4ed abowc. 6a, Difference from Zoning By-Law requirements: indicates the:dimensions that will not meet current Zoning BY-Law Regainer GnUL (A and 6 w-p-in the cxsa or Q lot split) Lit Area Open Space percent Lot Frontage parldrig Minimum Lot set Ehick' sq. 1=t sq. Ft CQW"e Feet -Spaces Front Side A Side 8 Rear Ai N/A S. N/A BOARD OF APPEALS gage 3 of 4 Application for a VAI'MANCE -• • .1 ..• .. -. • ..fir. - •�. �� • .-.... . • ... , Zoning 5oiud of Appeals G. b- Existing Lot: Lot Area Open Space Percont Lot Frontage Parking MlAirhhurrr Lot set Back' SQ_ Ft Sq. Ft Coverage Feet 598ee6 Front Side A Side 8 Rear 32.047 N/A 17 % 143-30' N/A 55' 31' 50' 47' c. Proposed Lot(S).- Lot S):Lot Area Open Space Percent Lit Frontage Parking WnImum Lot set Si ck• Sq- Ft. Sq. Ft Coverage Feet Spaces Front Side A Vae 8 Rear LA % N/A % d, Required Lot: (As requned by zoning sy-Laws Lot Area Open Space Percent Lot Frontage Parfdng Minimum Lot set B;cit- Sq. Ft Sq. Ft Coverage Feet Spaces From Stile A Side 8 Rear 400 N/A _ --35- --9� 125' N/A 25' 40' 40' 35' 7. a. Existing BuitdnYgs: Ground Floor Number of Total Use of Squ--Ys feet FkMM SQ.feet Building- 5,400 , 2 10,800 Office Builc2iug , -Relefer Um Urea from the ZMoV By-�numbw of wgs in qu MI4 b. Proposed Buildings: Ground Floor Number of Toil Use of Square feet Floors sq.fust Buildung- W/A lI/A N/A -Relfarence Uses ftM hhn Zanrhg By-Law.Stade number d vac 0 WMMg. 8. Petitioner and Landowner signature(s): Every aPOkUti ri for a Va m"w shO be made an Via form vvhi is ftro drtiudat(acro of tfhs Zw*j Board of AM.-Is. Shay n sW be MW with the Town Clerk's Otrioe. k shM be the mopwe biky of Ow pelidmer to AvIdO Of soEfF 41 Ig docuRunption wolh Mh n 9p9r12ah. The doted COW of fttis aaPlbltion received by the Town Cie*or hila Zoning Bost d a(Appeds does not at>•W Ow appkwd f m this nespotu ibiiity. The pa ff tw st+ail be respanslbie for an evenos forfifng and$VW rAMAtlen. F fo c tPly"M ippitaaon ns;tatettfsrfte,as clic h«rin and in tlfs Zordfng eoara Rues ane Rags es ions may testae In a 1 by ft appo�m"as 5" Type above name(s) he Jahn McGarry, Trustee Plum- 2 Trust i Petitioner: Cellco Partnership d/b/a Verizon Wireless, by its artorn,:y, Janet R. Stearns, esq. Signaturm: Jan-•09-02 11 :06A P _ 02 u � ��•••••y r7wn vclnQl Town Of North Andover Building Department 27 Charles St. North Andover, MA, 01845 Phone 978-688-95dS Fax 978-488-9542 • -Street' - — — — Map/Lot — Applicant: 2 0y Re Uest' purl - trrLcsS Date: A {�y N S t}CSaC f: i p. • u £ ,�� N fZoo p_ 1-Cl o:Z — Please be advised that after review of your Application and Plans that your Application is DENIED for the following Zoning Bylaw reasons: Zonin ItemNates A Lot Area item Notes F Frontage 1 Lot area Insufficient 1 Front_ age Insutfcient 2 Lot Area Preexisting s 2 Frof ie Com ties 3 Lot Area Com lies — 3 Preexisting frontage {r 4 Insufficient InfomlAtion d Ittsufficiont Information - B uSe 3 No access over Frontage 1 AIIowHci G Contiguous Building Area 2 Not Allowetl 1 Insufficient Area 3 Use Preexisting 2 Com lies 4 S eciai Pennit Requireci S 3 Preexisting C6q 5 InsufflGeitt Information 4 Insufficient Information C Setback H Building Height 1 All setbacks comply ' _ 1 Haight F�ccaeds Maximum 2 Front Insufficlent c S 2 Complies 3 Lott Side Insufficient << S 3 Preeixisting Height _ d Right Side Insufficient _4 `1 r S 4 Insufficient Information b Rear Insufficient �(c.S 1 Building Coverage 6 Praexistinsetbacks N �oxceedsmaxi > Iruufficionl Information _ 1 COVOfage eMum 2 Coverage Co_ mplies p Watershed 3 CovPrage Preexisting 1 Plot in Watershed y r S 4 Insuf lint Infoir;tion Z In Watershed sign 3 Lot prior to 10/24/94 1 Sign not atlowed d Zane to ba petermined 2 Si n Com lies S Insutficierrt Inforiitati_on — —— Historic District 3 l arkiicient Intormation X Parking N fA 1 In District review r taredf 1 More Parking R quireti 2 Not in districtS 2 Parhi Complies 3 Insufficient Information n � 3 Insufffclent Informatlon —" Pratixisling Parkin Rome d for the above is checked below. item M 5 ctat Permits Plannin Board Item 0 Varldnce Site Plan Review Special Permit •tea W Setback Variance Access other than Frontst e S ecial Perm i ��` rt Parking Variance Frontage Exception tat Sxial Permit l Ot Area Variance Common Driveym Sl Permit Height Variance Con r¢egate Housing See lal Permit Variance for Si i Continuing Care Retirement Special Permit 3 acidl Permits Zonin $oard Inde enrlant Elderl Hous" S ecial Permit ..n51_� Spec.hal Pennit Non-Conforming Use%BA targe Estt+te Contln Specrel Permit Earth Removal Speettil perttttt ZBA Planned Dnyelopment District Special PermR S acis)Permit Use not Listed but Similar r'lanned Residential S ecial Permit u al Permit for Sign R ti Densi S ecisl Pbrmit S eciai Pennitoreexlsting nonconfOrrn Watershed Special Permit — W t hC lc`3 as �eru<aa �a�3 r•� -- . The above review and attached etrplanabon of such is bea-d on the plane and infOrmatlon sAmItted. No deruUtve review and or advico shall be based on verset explenetlons by the appyoant nor shag eudr verbal wq)Wnawne by the app6eant scree to Provide definitive answers to the above reeaons for DENIAL. Any lnaccuradr,rnisiewing infon�tinn•or uthpr subs"ueni rhanges to the infmnat on submitted by the applicant shall be grounds for this, to be voided at the dlacralion of the Budding Depwtmont.'rhe attached document tilled-Plan Review Nary~shall be attested hereto and inccrporated hcreir by reference. The building departn*m will retain all plans and do<unneMetlOn for the above file.You must Ilk a new building permit appllcauon form and begin the pemritting process. =f EUllding DepartlttOnt U icisl Signature Applimition Recrivcd Application Denied Denial Sent _ _ If Fatted Phone Number/Date: Jan-09-02 11 :07A P _ 03 Plan Review Narrative The following narrative is provided to further explain the reasons for denial for tho application/ permit for the property Indicated on the reverse side: ` k "?�`j'y' 7mm rnu is7 ,�3 r 6 4 c& iCGn� 4),_�- 'a E/[s✓c /..� n o (tie ./.' .4 ly ,�• Cl vC'� /h aG`/ /rA7/d.,vg Referred To: Fire Haelth Police Zonin Board 8oneenffiion p rtment of Public Works PlannihB -' � Hlstorigl Commission Other sUlLoirr-G DEP r Town of North Andover µQR7H OFttn gti0 Office of the Building Department Community Development and Services Division ; 27 Charles Street -- North Andover,Massachusetts 01845 �'SSACHUs�`g D. Robert Nicetta Telephone(978)688-9545 Building Commissioner Fax(978)688-9542 August 1,2001 Janet R. Stearns Robinson& Cole LLP One Boston Place Boston, MA 02108-4404 Re: 401 Boston St—Wireless Dear Ms Stearns: Please be aware I am in receipt of your letter dated July 27,2001 to Mr. Nicetta in regards to the proposed wireless installation at 401 Andover Street in North Andover. Please direct correspondence on this matter to me, as I am the inspector who is handling this project. In re-visiting the proposal it has come to my attention that a variance is required from the Board of Appeals for the six hundred (600) foot minimum setback required for all wireless devices, antenna and their mounting structures, whether attached to a new or existing structure, as measured from the adjacent property line of properties which are zoned for, or contain residential and or educational uses of any type. Please be aware that a new site plan should be prepared and submitted to this office showing all structures within the six hundred (600)foot setback requirement from the property lines so that we may begin the process to go before the appeals board. Respectfully, Michael McGuire Local Building Inspector Cc: Robert Nicetta,Building Commissioner Heidi Griffin, Town Planner BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PL:'1N`NING 688-9535 Town of North Andover NORTH Of t..o do Office of the Building Department Community Development and Services Division • r William J. Scott, Division Director 27 Charles Street �ss'+caus°t D. Robert Nicetta North Andover,Massachusetts 01845 Telephone(978)688-9545 Building Commissioner Fax(978)688-9542 I July 31, 2001 Mr. James R. Stearns Robinson &Cole LLP One Boston Place Boston, MA 02108-4404 Re: Verizon Wireless—Proposed Installation at 401 Andover St., North Andover I Dear Mr. Stearns: I I am in receipt of your letter dated July 27, 2001. 1 have referred the issue to Local Building Inspector Michael McGuire as he was the inspector who determined the permit application. Mr. McGuire will be contacting you regarding this matter. I will be away on vacation until August 20,2001. Should you wish to contact me, I would be happy to meet with you in the event your concerns have not been addressed. Sincerely, D. Robert Nicetta Building Commissioner Cc: Michael McGuire, Building Inspector wlEnclosure North Andover Planning Board wlEnclosure BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535 14ORTOI q ,�TLED 16160 0 p 9q �wKw`y1. T DR�TED r.PP '(5 9SSACHUS�� Town of North Andover Special Town Meeting December 5, 2005 Planning Board Report The Planning Board makes the recommendations regarding the following Town Meeting warrant articles as required by M.G.L. c.40A, Section 5 and Chapter 2, Section 9 of the Town Code: Article# Description 6 Amend Zoning Bylaw: Adding Section 8.9.13 Exempt Facilities: Municipal Emergency Wireless Service Facility to Section 8.9 Wireless Service Facilities Wireless Service. This article proposes to exempt municipal emergency wireless service facilities from requirements of Section 8.9 Wireless Facilities Wireless Service of the Town Bylaw. The purpose of which is to provide sufficient coverage in and around North Andover and improve the current communications for emergency service departments. The Planning Board voted to continue the discussion to allow comments/input from the Emergency Service Departments clarifying the issue of commercial/private. co-location on municipal emergency wireless service facilities. Petition of the Board of Selectmen. Recommendation: Article 6 CONTINUED to the December 5'h, Planning Board meeting. 7 Amend Zoning Bylaw: Adding Section 8.9.13 Municipal Exemption to Section 8.9 Wireless Service Facilities Wireless Service. This article proposes to create a new zoning bylaw (Chapter 8.9, Section 13) to regulate the placement and utilization of wireless service facilities for municipal purposes. Petition of Thea Fournier. Recommendation: The Planning Board offers an UNFAVORABLE recommendation for Article 7. 8 Amend Article 10 from the 2005 Annual Town Meeting - Capital Improvement Plan Appropriation, Fiscal Year 2006 Funding for Engineering Costs - Sutton Hill Water Tank. This article proposes to amend the vote passed May 9, 2005 under Article 10 Capital Improvement Plan Appropriation, Fiscal Year 2006, of the warrant for the 2005 annual town meeting, to add an additional project to be funded thereunder as Item 10, Engineering Costs- Sutton n ineeringCosts- Sutton Hill Water Tank consisting of engineering costs for the construction of water tanks in the vicinity of Sutton Hill; to appropriate $85,000 for such additional purpose; and to authorize the Treasurer with the approval of the Selectmen to borrow under Chapter 44 of the General Laws to fund such appropriation; to amend the total appropriation and bonds authorized under the article accordingly; or to take any other action relative thereto. Petition of the Board of Selectmen. Recommendation: The Planning Board will present their recommendation at Town Meeting. 1 `t 9 Amend Article 10 2005 Annual Town Meeting - Capital Improvement Plan Appropriation, Fiscal Year 2006 Funding for Engineering Costs - Bear Hill Water Tank. This article proposes to amend the vote passed May 9, 2005 under Article 10 Caital Improvement Plan Appropriation, Fiscal Year 2006, of the warrant for the 2005 annual town meeting, to reduce the appropriation and borrowing authorized for Item 8, Bear Hill Reservoir Up rg de ftom$525,000 to $95,000; to change the project to be funded thereunder as Item 8 to Engineering Costs-Bear Hill Water Tank, consisting of engineering costs for the construction of water tanks in the vicinity of Bear Hill; to amend the total appropriation and bonds authorized under the article accordingly; or to take any other action relative thereto. Petition of the Board of Selectmen. Recommendation: The Planning Board will present their recommendation.at Town Meeting. 10 Acquisition of Real Property- Cullen Property-605 Osgood Street-Assessors Map 35, Parcel 32. This article proposes to appropriate from the Community Preservation Fund for open space acquisition, a sum of money not to exceed $50,000 to be spent under the direction of the Community Preservation Committee for the initial deposit towards the purchase of the Cullen Property located at 605 Osgood Street, North Andover, Massachusetts, Assessors Map 35, Parcel 32, containing 12.7 acres. The article also authorizes the Board of Selectmen to assign the Town's first refusal option to a non-profit conservation organization under such terms and conditions as the Selectmen deem appropriate if the Selectmen determine that such an assignment, rather than the payment of said deposit, is in the best interest of the Town. Petition of the Board of Selectmen. Recommendation: The Planning Board offers a FAVORABLE recommendation for Article 10. 14 Amend General Bylaws,Chapter 161 —Street and Sidewalks: Add New Section, Section 6—Repairs to Private Ways. This article proposes to give the Town the authority to make repairs on private ways including drainage work, necessary for safe and convenient travel by the public, up to and including work that would be required to make the private way suitable to be accepted as a public way. The Planning Board voted to continue the discussion to allow the Board to present additional language restricting private ways containing covenants or other agreement that limit the Town's responsibility from repairing or improving private ways. Since this meeting,_Board Member, Richard Nardella provided addition language rectifying the majority of Board concerns. Refer to the Town Warrant Article 14 -Expected Motion for proposed language. Petition of the Board of Selectmen. Recommendation:Article 14 CONTINUED to the December 5`'', Planning Board meeting. 2 15 Amend the General Bylaws Chapter 161 Streets and Sidewalks: Add New Section, Section 7- Consideration of Street Acceptances Under A Single Article. This article proposes to create new language to allow the Town under a single Article in the warrant to accept streets as public ways. The proposed amendment attempts to eliminate the often length/time consuming and repetitious road acceptance proceedings during a Town Meeting. The Planning Board voted to continue the discussion to allow further input/clarification from the Division of Public Works. Petition of the Board of Selectmen. Recommendation:Article 15 CONTINUED to the December 5'h, Planning Board meeting. 16 Intermunicipal Agreement Between North Andover and Middleton For Water and Sewer Tie-Ins on the North Andover-Middleton Town Line on Route 114. This article This article proposes to authorize the Board of Selectmen to negotiate and approve an Intermunicipal Agreement between the Towns of North Andover and Middleton to authorize water and sewer tie-ins for a mixed-use industrial/recreational development on property in North Andover shown on North Andover Assessor's Tax Map 108A, Lots 6, 7, and 19 and in Middleton on Assessor's Map 9, Lots 24 and 26. All of the parcels are owned by Nomid Trust, Joseph and Eric DiGrazia,Trustees on the North Andover/Middleton Town line. The municipal agreement is required by the Greater Lawrence Sanitary District before permission is granted for said sewer connection. Petition of Frank Terranova and others. Recommendation: The Planning Board offers a FAVORABLE recommendation for Article 16. 18 Amend General Bylaws: Add New Chapter 79 — Building and Property Maintenance Code. This article proposes to add language establishing minimum standards governing the maintenance, appearance, condition, and occupancy of residential and non-residential premises. The added language also establishes penalties for the violations of the proposed code and to provide for the repair, demolition, or vacation of premises unfit for human habitation or occupancy or use. Petition of Robert A. Smith and others. Recommendation: The Planning Board offers an UNFAVORABLE recommendation for Article 18. 19 Amend Zoning Map Parcel Fronting Turnpike Street—Assessors Map 108A,Parcel 7 to Business 1 (111). The article proposes the rezoning of the property located at 2370 Turnpike Street(Route 114) from Industrial I(Il) to Business 1 (BI). Petition of Steven Fiore and others. Recommendation: The Planning Board offers a FAVORABLE recommendation for Article 19. 3 20 Amend Zoning Bylaw: Add New Section, Section 4.122(14)(c) and New Language to 4.122(14.2.2) This article proposes to resolve the ambiguity in the language of the zoning bylaw and dimensional requirements involving the demolition of residential homes within the Residential 4 (R4) and the construction of new multi family residence. The Planning Board voted to continue the discussion to allow Board input on modifying Section 14.B.b and Section E. Definitions. Since this meeting, Board Member, Richard Rowen provided addition language rectifying the majority of Board concerns. Please refer to Town Warrant, Article 20—Expected Motion for the language. Petition of Gina Armano and others. Recommendation:Article 20 CONTINUED to the December 5`", Planning Board meeting. 4 APPROVAL SIGNATURES co ZONING BOARD OF APPEALS Jy `p NORTH ANDOVER, MA o Y O •\ d t MO 51GNATURE DATE 'i 2 u :9ch oai o o SIGNATURE DATE 0 V-00�� ANOMMEr' viv.wri7onwireless SIGNATURE DATE 400 F I B EIP%,G . PAR KI A'V 51GNATURE DATE � E S '� �F-{ O R O "V � �,H , MA 01581 SIGNATURE DATE Y m :ALJ � m Q L VOm ri Y V W�-r eN 0 Q 10 2 0 O �9�\ T',���/ � � //p�� y��'\tel �� L/p.�� {/p�� Y PROPOSED CELLULAR COMMUNICATION NICATION FACILITY • o ROUTE 125 - 401 ANDOVER STREET � NORTH ANDOVER , MASSACHUSETTS ESSEX COUNTY STRUCTURAL ENGINEER o���ROcf hf4S yes a INDEX OF SHEETS: DAIGLE ENGINEERS INC. o KENNETH w I EA5T RIVER PLACEDAIGLET-I TITLE SHEET METHUEN, MAO 1844 U STRUCTURAL a 2957 VICINITY PLAN tel: 978 A -G82-1 748 �a No. 28583 -I 51TE PLAN = A-I SIGHT LINE PROFILES U fax: 978-G82-G421 "tOtSTEA{° �� 5-1 ROOF ATTIC PlAN5 ELEVATION �Q z cz In Lu CIVIL ENGINEER ELECTRICAL ENGINEER o O R.E. CAMERON ASSOCIATES, INC. RONALD W. BUTA, INC. OWNER OF RECORD: JOHN McGARRY Ln C) G81 WASHINGTON STREET 3GO MERRIMACK STREET PLUMB 2 REALTY TRUST oN Q O uj NORWOOD, MA 02062 LAWRENCE, MAO 1843 401 ANDOVER 5TREET U = tel: 781-7G9-1 777 tel: 978-G82-9229 NORTH ANDOVER MA 01845 �� w J fax: 781-7G9-8644 fax: 978-G88-4930 0O [- APPLICANT: DAVE TIVNAN z Z-Lu F= VERIZON WIRELESS �, s MECHANICAL ENGINEER FIRE PROTECTION ENGINEER 400 FRIBERG PARKWAY WESTBOROUGH MAOI 85 I 1/'O2 LTC ENGINEERING ELDAAR-CRAFT DE51GN (508) 330-3342 21 MAGUIRE STREET 22 SCENIC DRIVE l� �%%I METHUEN, MAO 1544 DERRY, NH 03038 Q� tel: 978-G82-8699 tel: G03-434-3 I G4 ZONING DISTRICT: G-1�1�\ �� d PQM' '"'003:o I'on,A fax: 978-G82-8699 fax: G03-434-7405 z fZ T- 1 13-A ___ r I �, r r . t a - I I 4 � WM ROCK RO mAur Stur, 7ER4 i "' r r COMMON � -, ^� s Cl) f"mP0 0 cot w0 � � 9� Z �d VICINITY MAP SCALE: 1 =200' ROUTE 125-401 ANDOVER 5TREET DATE: 12128101 R . E . CAMEDL .. 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TMC LOM-I.GiOR S ALL VERITY A 1 DIMEVSIONS x ORE fABRIGAnO M7 ARG,Tm ROOF JOISTS Atm BCAMS. w/.I.D4AIL if T16MT Np, D..[r:p:lpn Dp:. MAT KL DetAU AIC:GP'fAnpLE WM EKIlTN6 LONDITONy. THe LONTRAGr— fR ae T.R:WING'IN ALL r0 HEM WN1 YAL{.NOTIfY T+WINE:R Or AHY DIBGRCfANGIES W TN,OR GONDIT01L1 THAT ARE DCCK RUT•3 AV OTHER 6—TO NOT SMMN ON T+GO»TRAGT DRAMw16l.9U'04•fROGL•OIN6 MIT»Arc!MRK xK Orf ROT•fROM A—L. Dl rR ve TLe ROOK M_0.VEW]ON'S Sr 5. AOTP_'B': —COL.N T»OK LAYCR a 1(,' fc.6—MAS BOARD. RpJre I]S D•I Jpp.v 7at• . ppBAB O-L/SS✓OI ATTIC FLOOR PLAN 27 AS— S AS NOTED O..'T YY1 RKD • 5-I w � v r r � ♦ i � � [' SATISFACTION OF VARIANCE STANDARDS To the extent required, Verizon Wireless requests a variance from Section 8.9(3)(c)(v) of the Zoning Bylaw in order to allow it to develop its wireless service facility. As demonstrated below, and will be further explained at the hearing on this matter, Verizon Wireless' proposal satisfies the statutory provision of Chapter 40A, Section 10 of the Massachusetts General Laws and Section 10.4 of the Zoning Bylaw for the granting of the requested variance. Chapter 40A, Section 10 and Section 10.4 of the Zoning Bylaw Chapter 40A, Section 10 and Section 10.4 of the Zoning Bylaw authorize the Board to grant the variances if it finds the following: (1) Owing to circumstances relating to the soil conditions, shape, or topography of the land or structures and especially affecting such land or structures,but not affecting generally the zoning district in which it is located; (2) A literal enforcement of the provisions of the Zoning Bylaw would involve substantial hardship, financial or otherwise, to the applicant; (3) Desirable relief may be granted without substantial detriment to the public good and without nullifying or substantially derogating from the intent or purpose of the Zoning Bylaw. In Massachusetts, the courts have suggested that the proper measure for determining the appropriateness of a variance depends upon the balancing of the statutory criteria.' In cases where the potential detriment to the public is mitigated and there is little if any detriment to the public good, a lesser showing of hardship is appropriate. This is particularly true in cases of a dimensional variance, as opposed to a use variance, because a dimensional variance does not change the character of the zoning district or endanger nearby properties with an inconsistent use of land.2 In this case, Verizon Wireless seeks a dimensional variance to locate its wireless service facility within the extraordinary 600' setback required by Section 8.9(3)(c)(v). As set forth below, the proposed facility meets each of the variance criteria described above. In addition, the hardship to Verizon Wireless outweighs the detriment to public,because there are virtually no impacts associated with the facility. The antenna panels will blend in with the existing parapet on the building and will be almost invisible from surrounding properties and will have no other impacts on surrounding properties. As a result,the extreme setback in this instance serves no See Cary v. Board of Appeals of Worcester,340 Mass.748,753(zoning by its very nature is a balancing of the benefit to the public and the harm to the individual). Z Joseph v. Board of Appeals of Brookline, 362 Mass.290,293 (1972); Wolfman v. Board of Appeals of Brookline, 15 Mass.App.Ct. 112(1983). 2 I legitimate public health, safety or welfare objectives and the balancing of equities weighs in favor of granting the variance. 1. Conditions affecting the land and structure but not affecting the underlying zoning district. The Property is unique because it represents the only viable location for the proposed facility within the area where Verizon Wireless needs to locate antennas in order to resolve an existing problem with its service reliability. As a provider of personal wireless services, Verizon Wireless needs to be able to provide its customers with the ability to initiate and hold a call throughout its license area, including throughout the Town of North Andover. Without sufficient signal capacity and strength at a particular location, Verizon Wireless customers passing through that area can experience dropped calls through loss of signal. Verizon Wireless network engineers identify locations where antenna sites are required in order to resolve service issues. These areas are known as search areas. Verizon Wireless site acquisition specialists then identify promising sites within the search area for further evaluation by the network engineers. Leases are then pursued for a site that is feasible from a technological standpoint. The Property is located within an area that has been identified as a location where Verizon Wireless antennas are needed in order to resolve service quality issues along Route 125 and other areas near the Property. Verizon Wireless's site acquisition specialists have been unable to find other viable sites within or near the specified area. Of four potential sites within the applicable area that were initially identified, only the Property was found to be a suitable location, due to the willingness of the property owner to lease space to Verizon Wireless, the parapet on the roof,which will be used to camouflage and shield the proposed facility and the building's height. 2. A literal enforcement of the 600'setback requirement will would create a substantial hardship for Verizon Wireless Verizon Wireless seeks a dimensional requirement from the 600'. setback requirement of Section 8.9(3)(c)(v). Verizon Wireless will suffer substantial hardship if it is not allowed to locate its facility on the Property. The proposed site is the only feasible and suitable site for an antenna installation that can address the service reliability issues that the site is designed to alleviate. In this case, a literal enforcement of the Zoning Bylaw would result in the applicant being unable to locate a proposed facility within this area altogether.3 For a service-oriented business such as Verizon Wireless', the inability to provide customers with reliable service represents a significant hardship. Therefore, literal enforcement of the extraordinary 600 foot setback requirement will result in a significant hardship to the applicant. 3 See Town ofAmherst v. Omnipoint Communications Enterprises, Inc., 173 F.3d 9, 14(D. Mass.1999); Omnipoint v. Town of Lincoln, 107 F.Supp.2d 108(D.Mass.2000); Sprint Spectrum v. Town of Ogunquit,2001 U.S.Dist. LEXIS 20715 (D.Maine 2001). 3 3. No public detriment will occur nor will the intent or purpose of the Bylaw be compromised if Verizon Wireless is granted a variance By implementing the latest technology, the applicant has taken every possible step to mitigate the potential visual impacts of the proposed facility and preserve the aesthetics and character of the Town. As shown on the plans and photo simulations submitted with this application, the wireless communication antennas will be camouflaged within the building's existing parapet. In addition, the communications shelter and equipment will be screened from the public's view by the parapet. Thus, the proposed facility will have no visual impact to abutting property owners, the neighborhood or the Town as a whole. In addition,by placing its equipment on an existing structure, the applicant has minimized any potential safety concerns. Presumably, the purpose of the 600' setback is two- fold. First, the Town has a desire to minimize the visual impact of the proposed facility. As shown above, the proposed facility will have no negative visual impact on the Town. The second purpose is to protect the safety of the Town's residents. While 600 feet is an extraordinary distance for a setback, it is not unusual for a City or Town to require some amount of setback for new communications towers. The purpose of a setback requirement in such cases is to ensure that in the very unlikely event that the tower should fail structurally, it would not represent a hazard to surrounding property owners or the public. When dealing with antennas mounted on existing structures, this concern does not exist. Although the literal requirement of the North Andover bylaw section 8.9(3)(c)(v) can be read as applying to "any new or existing facility", in this case, where the new or existing facility is in fact an existing commercial building rather than a tower structure,the theoretical safety rationale for the setback provision does not exist. Because the antennas will be mounted within the parapet of an existing building, the antennas do not pose a public safety issue and therefore no detriment to the public will result from deviating from the 600-foot setback requirement.4 As will be demonstrated at the public hearing before the Town of North Andover Planning Board, the proposed Facility is in harmony with the general purpose and intent of the Zoning Bylaw and will comply with its provisions, including the specific provisions of Section 8.9 concerning such facilities. The proposed facility satisfies all other requirements for personal wireless service facilities and the requirements in the underlying zoning district. The availability of wireless communications service enhances community safety, and is increasingly relied upon by civil defense and other safety officers as well as the general public in times of crisis,natural disaster, inclement weather and similar circumstances. It also provides a convenience to residents and is an attractive feature to businesses. By providing these services,the proposed Facility will promote the health, safety, convenience and general welfare of the inhabitants of North Andover. °We remind the board that under the Federal Telecommunications Act,Congress has preempted local regulations of personal wireless service facilities based on concerns related to radiofrequency energy emissions provided that levels comply with Federal Communications Commission regulations concerning such emissions. Therefore actual or perceived concerns with the effects of RF emissions would not be a legitimate basis for the setback. See Roberts v. Southwestern Bell Mobile Systems, Inc.429 Mass.478,481-482(1999);47 U.S.C. §332(c)(7)(B)(iv). As demonstrated in the report of Dr.Donald L.Haes,Jr.,submitted with this petition,the proposed facility will comply with the FCC standards. 4 4. The applicant's hardship outweighs the detriment to the public The hardship to the applicant outweighs the detriments, if any,to the public. No suitable site exists from which Verizon Wireless can resolve its service needs and still satisfy the 600 foot setback requirement. The applicant's customers,who currently can experience dropped calls, will continue to have unreliable service. The applicant has taken all necessary steps and implemented all necessary techniques for minimizing the visual impact of the proposed facility and ensuring the safety of the Town's residents. The applicant's customers and other residents will benefit from the improved service that this facility will afford. Therefore, the variance should be granted. FINDING THAT CHANGE IS NOT SUBSTANTIALLY MORE DETRIMENTAL TO THE NEIGHBORHOOD The existing building is a pre-existing non-conforming structure by virtue of its encroachment into the required 40-foot side yard setback on its northeast corner. The proposed Verizon Wireless facility will not affect the existing setback or other existing dimensions of the building, nor does the addition of antennas to the parapet appear to represent a change or alteration to the building within the meaning of the Zoning Bylaw. Nevertheless, to the extent that the Board considers the proposed Verizon Wireless use and equipment installation to represent an extension or alteration of the building, Section 9.1 of the Zoning Bylaw and Section 6 of Chapter 40A of the Massachusetts General Laws allows the Board to make a finding that such extension or alteration will not be substantially more detrimental to the neighborhood. Because the addition of its equipment to the existing building will have no impact on the extent of the pre-existing non-conformity, and will not result in a condition that is substantially more detrimental to the neighborhood than the existing non-conforming structure, the Applicant respectfully requests that the Board make this finding if it believes that such a finding is needed for the proposed installation. For all of the foregoing reasons, the.Applicant respectfully requests a variance and a finding to the extent necessary, as set forth in this application, and such other relief as may be required for the construction and use of the proposed facility. This application is submitted with a full reservation of applicant's rights under federal and state law. Respectfully Submitted, Cellco Partnership d/b/a Verizon Wireless by its attorney, Michae S. Giaimo Es q Robinson & Cole, LLP One Boston Place Boston, MA 02108 617-557-5959 5 Donald L. Haes, Jr., A.D., CHP Radiation Safety Specialist Voice: (617)258-5640 Fax: (617)258-6831 Email: haes@mit.edu June 27, 2001 Permitting Boards North Andover, MA PURPOSE I have reviewed information pertinent to a proposed Verizon Wireless antenna installation on the roof top of the building located at 401 Andover Street in North Andover, MA. Based upon this information, I have prepared calculations of"worst case" theoretical radio frequency (RF) fields for the personal wireless services installation. The calculated values will be presented as a percent of current Maximum Permissible Exposures [%MPE] as adopted by the Federal Communications Commission [FCC] 1,2, and those established by the Massachusetts Department of Public Health [MDPH]3 (With 100% being the safe limit). I have also obtained measurements of the existing ambient RF fields. SUMMARY Measurements of existing peak ambient RF fields indicate 0.62 % of the maximum allowable (%MPE). These RF field measurements are accurate, and meet FCC and MDPH guidelines. RF field theoretical calculations indicate a maximum potential increase of less than one percent of the current State and Federal MPEs above ambient RF levels from the personal wireless services antennas for ground levels. In addition to the measured peak ambient RF fields of 0.62 % MPE, there could be over 50 similar additional installations at this location, and still be within State and Federal limits for RF exposure. RF field levels inside the building will be considerably lower. Based on my extensive experience with personal wireless services facilities, and the theoretical RF fields I have calculated, it is my expert opinion that this facility will comply with all regulatory limits for RF exposure to members of the public. 1 Federal Register,Federal Communications Commission Rules;Radiofrequency radiation; environmental effects evaluation guidelines Volume 1,No. 153,41006-41199, August 7, 1996. [47 CFR Part 1; Federal Communications Commission]. 2 Telecommunications Act of 1996,47 USC; Second Session of the 104!'Congress of the United States of America,January 3, 1996. 3 105 CMR 122.000: Massachusetts Department of Public Health,Non-Ionizing Radiation Limits for: The General Public from Non-Occupational Exposure to Electromagnetic Fields, Employees from Occupational Exposure to Electromagnetic Fields, and Exposure from Microwave Ovens. 77 Massachusetts Avenue, Building 16-268 Cambridge,MA 02139 I RF EXPOSURE LIMITS AND GUIDELINES Currently there are many RF exposure guidelines throughout the world. The RF exposure limits adopted by the FCC are a combination of the standards published by the American National Standards Institute (ANSI) a and the National Council on Radiation Protection and Measurement (NCRP) 5. In addition, the Massachusetts Department of Public Health [MDPH] has published standards. At frequencies licensed to personal wireless services providers by the FCC, the values of the aforementioned standards are analogous. The RF exposure limits are divided into two categories: "Controlled areas" (those areas restricted to access by RF workers only) and "Uncontrolled Areas" (those areas unrestricted for public access). Below listed in Table I are the FCC published RF exposure limits as they pertain to the operating frequency bands of the personal wireless services facility industry(the specific frequency band assigned by the FCC are included in the theoretical RF field calculation tables). Table I: Maximum Permissible Exposures for Personal Wireless Services Facilities Frequency Bands J Maximum Permissible Exposures ' 300 - 1500 MHz f= 1.5 in [µW/cm2] 1500 - 100,000 MHz 1000 µW/cm2 Note: 1 mW= 1000 µW= 0.001 W " In equivalent plane-wave power density, where f is the frequency in MHz. ' ANSI/IEEE C95.1-1991: American National Standard, Safety levels with respect to human exposure to radio frequency electromagnetic fields,from 3 KHz to 300 GHz. s National Council on Radiation Protection and Measurements(NCRP);Biological Effects and Exposure Criteria for Radiofrequency Electromagnetic Fields,NCRP Report 86, 1986. 77 Massachusetts Avenue,Building 16-268 Cambridge,MA 02139 Page-2- RF FIELD MEASUREMENTS i As described in more detail following, I measured existing RF field intensity surrounding the building located at 401 Andover Street in North Andover, MA. The observed meter readings were recorded, with the physical locations depicted in Figure 1. The results of these measurements, tabulated in Table II, show that the maximum RF field level was less than 1.0% of the Maximum Permissible Exposure (MPE) for the public as allowed by the Commonwealth of MPDH3 and the FCC.' MEASUREMENT PROTOCOL RF field measurements at the site and adjacent areas were obtained on May 3, 2001, using accepted scientific procedures.',' The measuring equipment included a Narda model 8718 Electromagnetic Radiation Meter with model B8742D Broadband Isotropic Probe. The probe of choice in a mixed-frequency environment is the broadband type - that is, it responds to a wide range of frequencies. The Narda model B8742D probe provides a meter read-out in %MPE (percent FCC 1997 Maximum Permissible Exposure) for members of the general public. Measurements were obtained by scanning an area from the waist up to about a height of five feet from the ground. The maximum readings at each location were recorded as %MPE. The accuracy of the measurement system is a combination of the following': instrument accuracy, ± 1.0°Io; calibration uncertainty, + 0.5 dB (1.122), - 0.5 dB (0.891); and probe isotropy error, +0.75 dB (1.189), - 0.75 dB (0.841). A conservative approach is to obtain the root-sum-square (RSS) of the three factors. If the meter reads high: RSS = [ (0.01)' + (0.122)' + (0.189)' ]", or 22.5 % higher than true value; the correction factor is 1/1+RSS =0.816. If the meter reads low: RSS = [(0.01)' + (1-0.89 1)2+ (1-0.841)' ]1, or 19.3 % lower than true value; the correction factor is 1/1-RSS = 1.24. For this RF exposure analysis, the readings were multiplied by 1.24 to be conservative. 6 ANSI/IEEE C95.3-1991: American National Standard,Recommended Practice for the Measurement of Potential Electromagnetic Fields-RF and Microwave. ' NCRP Report No. 119:National Council on Radiation Protection and Measurements, 1993;A Practical Guide to the Determination of Human Exposure to Radiofrequency Fields. 8 The NARDA Microwave Corporation,435 Moreland Road,Hauppauge,NY, 11788. 77 Massachusetts Avenue, Building 16-268 Cambridge,MA 02139 Page -3- RESULTS Table II: Results of RF Field Measurements Location Observed Meter RF Field Number; Reading Date Time b (% MPE) $ Refer to Figure 1 (% MPE) t 1 05/03/01 18:41 0.188 0.233 2 05/03/01 18:42 0.099 0.123 3 05/03/01 18:43 0.134 0.167 4 05/03/01 18:45 0.210 0.260 5 05/03/01 18:46 0.144 0.178 6 05/03/01 18:47 0.420 0.521 7 05/03/01 18:47 0.500 0.620 8 05/03/01 18:48 0.190 0.236 9 05/03/01 18:51 0.000 0.000 10 05/03/01 18:52 0.150 0.186 11 05/03/01 18:55 0.150 0.186 12 05/03/01 18:58 0.280 0.347 13 05/03/01 19:02 0.281 0.348 14 05/03/01 19:05 0.281 0.348 15 05/03/01 19:09 0.150 0.186 16 05/03/01 19:11 0.150 0.186 17 05/03/01 19:12 0.000 0.000 18 05/03/01 19:15 0.170 0.211 19 05/03/01 19:18 0.240 0.298 20 05/03/01 19:22 0.280 0.347 21 05/03/01 19:24 0.130 0.161 22 05/03/01 19:25 0.230 0.285 23 05/03/01 19:32 0.380 0.471 Notes: t Observed meter readings in percent FCC Maximum Permissible Exposure [MPE] for members of the general public. $ Exposure readings corrected for error by multiplying by 1.24. 77 Massachusetts Avenue,Building 16-268 Cambridge,MA 02139 Page -4- uh' w #cx k 4 f v t ! ) - ira ,. c c a v I` t iL iii t 3',3 '.� yMt `�� 'fes j (��`,[•� 7 rt ? ,r / '�✓ x ^u " �«C�1'° 4. � w„ a •"'.t Yc k'j}t f!k ��� �_� r� .� t .. - „ttR s'Sia s :i, d' H 3�- 1 x '•S � <,.� z- �j r'� ,.. `�, i{ "rrta `�'t�'�. i z�T�Rs v<. >�s�.� �3TF '. +•i•+'�� •�', 1-; •n � six �y'h P* x7 �.� „ft`'�C"� s a�'�,i "�� �` �'-: •r-"� 3 •. �i� !"1. r7,�x i.y"".4 ., ��'z•4�S*. �'r � 'l9 'rA^y � .t+ � u v 7}"'� 1�1�� `F��"1tS'r3 _ i� a.n�, >„n r r v+�` „"� R•` �-:,.,� h.�{+�,,. ''"6- y,2,. 4"`(� i .n� ��k :�irr,5�. 5� tf��'�;� ;� •'yet y. �, � d cdL�il, "`��, �,��,�,��r.�. , 7 XXA al 1�a�kd 73 Y }p fig lF 16"W Name: LAWRENCE Location: 0420 40'26.0" N 0710 07'32.7" W Date:6/27/2001 Caption: Figure 1: Locations of RF Field Measurements Scale: 1 inch equals 666 feet Copyright(C)1997,Maptech,Inc. THEORETICAL RF FIELD CALCULATIONS These calculations are based on "worst-case" estimates. That is, the estimates assume 100% use of all transmitters simultaneously per sector. The resultant values are conservative, and will over predict actual resultant field strengths.' The estimations are based on the following information: 1. Effective Radiated Power [ERP]: ERP is the product of the input power to the antenna times the "gain" of the antenna (assuming no loss the along the cable run (the "worst case"): Note: The "gain" [G] is a unitless factor usually expressed in decibels [dB]; where G= 10 10110) For example; for G = 3 dB = 10 2; for G = -3 dB = 101-3110) = 0.5. 2. Antenna height (centerline, above ground level [AGL]; refer to calculation tables). 3. Antenna vertical patterns (on file). To estimate the magnitude of the RF field, the power density [S] in the main beam from an isotropic RF source is calculated, making use of the power density formula:10 S = PG Where: P Power to antenna 4 TE R2 G —► Gain of antenna R —► Distance (range) from source [R' = [(Height)2 + (Horizontal distance)z]} PG =EIRP (Effective Isotropic Radiated Power) for broadcast antennas. For off-axis power density estimates, apply the vertical gain [GE] (in this case, a loss): S = EIRP X GE 4TCR2 9 Petersen RC and Testagrossa PA: Radio-Frequency Electromagnetic Fields Associated With Cellular- Radio Cell-Site Antennas. Bioelectromagnetics, 13: 527-542; 1992. 10 OET Bulletin 65: Federal Communications Commission Office of Engineering and Technology, Evaluating Compliance with FCC Guidelines for Human Exposure to Radiofrequency Electromagnetic Fields; Edition 97-01, August 1999. 77 Massachusetts Avenue, Building 16-268 Cambridge,MA 02139 Page -6- Ground reflections may add in phase with the direct wave, and essentially double the electric field intensity. Since power density is proportional to the square of the electric field, the power density may quadruple. Additionally, to reference a dipole, multiply by 1.64 [EIRP =ERP X 1.641. Therefore, downrange power density estimates can be calculated by using the formula: S = 4 X [ERP X 1.64] X GE 4TER2 The theoretical power density calculations are listed in Table III for each three degree increment of depression angle (90' being straight down at the base of the building, and 0' being straight out from the antennas). The values have been calculated for a height of six feet above ground level. The theoretical power density calculations for the installation are depicted in Figure 2 as they are plotted against distance from the base of the building. To calculate the % MPE, use the formula: % MPE-- S X 100 MPE Similarly, the theoretical percent Maximum Permissible Exposure calculations for the Personal wireless services facility carrier are also listed in Table III for each three degreeree increment of depression angle (90° being straight down at the base of the building, and 0° being straight out from the'antennas). The values have been calculated for a height of six feet above ground level. The theoretical percent Maximum Permissible Exposure calculations for the installation are depicted in Figure 3 as they are plotted against distance from the base of the building . NOTE: A logarithmic scale is used to plot the calculated theoretical %MPE in order to compare with the MPE of 100%. 77 Massachusetts Avenue, Building 16-268 Cambridge,MA 02139 Page -7- Table III: Theoretical RF Field Calculations for Proposed Verizon Wireless Contribution 401 Andover Road,North Andover, MA ERP = 1200 Watts (maximum, per sector) @ 860 - 890 MHz EMS FV65-13-00 Antenna, Height = 40.5 feet [Centerline, AGL] MPE = 537 W/cm' Depression Relative Power Density Percent Angle Gain Distance (µW/cm') MPE de rees dB feet @ 6' AGL @ 6' AGL -90 -35.6 0 0.15602 0.0272% -87 -33.4 2 0.25822 0.0451% -84 -29.3 4 0.65828 0.1149% -81 -33.7 5 0.23573 0.0411% -78 -29.9 7 0.55462 0.0968% -75 -31.4 9 0.38289 0.0668% -72 -28.5 11 0.72376 0.1263% -69 . -25.7 13 1.32889 0.2319% -66 -24.0 15 1.88211 0.3285% -63 -25.4 18 1.29702 0.2264% -60 -26.3 20 0.99597 0.1738% -57 -30.2 22 0.38051 0.0664% -54 -33.7 25 0.15816 0.0276% -51 -40.0 28 0.03421 0.0060% -48 -30.9 31 0.25429 0.0444% -45 -23.3 34 1.32481 0.2312% -42 -21.2 38 1.92401 0.3358% -39 -24.0 43 0.89316 0.1559% -36 -25.3 47 0.57759 0.1008% -33 -18.1 53 2.60257 0.4542% -30 -21.3 60 1.04985 0.1832% -27 -31.0 68 0.09274 0.0162% -24 -21.2 77 0.71091 0.1241% -21 -29.4 90 0.08353 0.0146% -18 -23.3 106 0.25302 0.0442% -15 -18.7 129 0.51189 0.0893% -12 -22.1 162 0.15099 0.0264% -9 -19.1 218 0.17055 0.0298% -6 -10.9 328 ..0.50310 0.0878% -3 -2.7 658 0.83327 0.1454% 0 0.0 37216 0.00049 0.00010/0 77 Massachusetts Avenue,Building 16-268 Cambridge,MA 02139 Page -8- WITHIN THE BUILDING DIRECTLY UNDER THE ANTENNAE i In addition to intensity losses at angles away from the main beam(10(-3s.6n°l = 0.0003 for j 90° down), there are losses due to attenuation by building materials. A good approximation of these losses is -10 dB, or a factor of 1/10 (10 0.1). Thus, a modified equation to use would be as follows: S = 4 X [ERP X 1.641 X G(ant,nnae I.,$) X G(building mateda►s loss) 4TCR2 Or, mathematically, S = 4 X [1200 watts X 106 [&W/W) X 1.641 X 1005.6110) X 1000/10) 4 X Tu X [(10 ft)X (30.48 cm/ft)]2 S= 0.186 µW/cm2 As previously: % MPE= S X 100 MPE % MPE= 0.186 �IW/cm2 X 100 537 µW/cm2 % MPE= 0.035% 77 Massachusetts Avenue, Building 16-268 Cambridge,MA 02139 Page -11- Figure 2: Theoretical Maximum Power Density Ground Level 20.0 16 FEET AGL 6 FEET AGL 15.0 N _v Z u 10.0 A 3 0 a" 5.0 0.0 0 500 1000 1500 2000 2500 3000 Distance [feet] Figure 3: Theoretical Maximum Percent Permisible Exposure Ground Level 100.000% 16 FEET AGL -6 FEET AGL -MPE 10.000% W a C 1.000% a� a� a 0.100% 0.010% 0 500 1000 1500 2000 2500 3000 Distance [feet] CONCLUSION Measurements of existing peak ambient RF fields indicate 0.62 % of the maximum allowable (%MPE). These RF field measurements are accurate, and meet FCC and MDPH guidelines. RF field theoretical calculations indicate a maximum potential increase of less than one percent of the current State and Federal MPEs above ambient RF levels from the personal wireless services antennas for ground levels. In addition to the measured peak ambient RF fields of 0.62 % WE, there could be over 50 similar additional installations at this location, and still be within State and Federal limits for RF exposure. RF field levels inside the building will be considerably lower. The number and duration of calls passing through personal wireless services facilities cannot be accurately predicted. Thus, in order to estimate the highest RF fields possible from operation of these installations, the maximum amount of usage was considered. Even in this "worst-case," the resultant increase in RF field levels will be far below established levels considered safe. Based on my extensive experience with personal wireless services facilities, and the theoretical RF fields I have calculated, it is my expert opinion that this facility will comply with all regulatory limits for RF exposure to members of the public. Feel free to contact me if you have any questions. inc ely, L. s,Jr, h. Certified Health Physicist 77 Massachusetts Avenue,Building 16-268 Cambridge,MA 02139 Page-12- REFERENCES 105 CMR 122.000: Massachusetts Department of Public Health, Non-Ionizing Radiation Limits for: The General Public from Non-Occupational Exposure to Electromagnetic Fields, Employees from Occupational Exposure to Electromagnetic Fields, and Exposure from Microwave Ovens. ANSI/IEEE C95.1-1991: American National Standard, Safety levels with respect to human exposure to radiofrequency electromagnetic fields,from 3 kHz to 300 GHz. Federal Register, Federal Communications Commission Rules; Radiofrequency radiation; environmental effects evaluation guidelines Volume 1, No. 153, 41006-41199, August 7, 1996. [47 CFR Part 1;Federal Communications Commission] National Council on Radiation Protection and Measurements (NCRP);Biological Effects and Exposure Criteria for Radiofrequency Electromagnetic Fields, NCRP Report 86, 1986. Petersen RC and Testa rossa PA: Radio-Frequency Electromagnetic Fields Associated With Cellular-Radio Cell-Site Antennas. Bioelectromagnetics, 13: 527-542; 1992. Telecommunications Act of 1996, 47 U.S.C., Second Session of the 104—Congress of the United States of America, January 3, 1996. 77 Massachusetts Avenue,Building 16-268 Cambridge,MA 02139 Page-13- CURRICULUM VITAE Donald L. Haes, Jr., Ph. D., CHP Board Certified by the American Board of Health Physics. Academic Training - • Doctor of Philosophy Degree in Radiation Protection, 2000; Master of Science Degree in Radiological Sciences and Protection, 1988; Bachelor of Science Degree in Health Physics, Magna Cum Laude 1987. • Naval Nuclear Prototype Training Unit, Knolls Atomic Power Laboratory, Windsor, Connecticut, 1977. Qualification - Nuclear Reactor Plant Mechanical Operator and Engineering Laboratory Technician (ELT). • Naval Nuclear Power School, 1976. Continuing Education - • Hazardous RF Electromagnetic Radiation: Evaluation, Control, Effects, and Standards; George Washington University. • Certification Review for Health Physicists; Skrable Enterprises, Inc. • Non-ionizing Radiations: Health Physics and Radiation Protection; Massachusetts Institute of Technology. [Lecturer] • Assessing Non-Ionizing Radiation Hazards; 1990 Health Physics Society Summer School. • EPRI Power System Magnetic Field Measurement Workshop; Conducted by G.E. Company at the High Voltage Transmission Research Center. • Laser Safety; Engineering Technology Institute. • Advanced Laser Safety; Engineering Technology Institute. 77 Massachusetts Avenue, Building 16-268 Cambridge,MA 02139 i Employment History - • Consulting Health Physicist; Ionizing and Nonionizing Radiation, 1988 - present. • Radiation Safety Officer; Nonionizing Radiation Safety Officer; Campus Special Nuclear Material Accountability Officer- Massachusetts Institute of Technology, 1988 - present. • Radiopharmaceutical Production Supervisor- DuPont/NEN, 1981 - 1988. • United States Navy; Nuclear Power Qualifications, 1975 - 1981. Professional Societies - • Health Physics Society [HPS]; Plenary Member, National Chapter; Member of the Board of Directors, New England Chapter. • Member American Academy of Health Physics [AARP]. • Member Institute of Electrical and Electronics Engineers [IEEE]. • Member Laser Institute of America [LIA]. • Member International Committee on Electromagnetic Safety [ ICES] Standards Coordinating Committee (SCC28) - Non-Ionizing Radiation; Subcommittee SC-2: Terminology and Units of Measurement; SC-3: Safety Levels With Respect to Human Exposure, 0-3 kHz; SC-4 Safety Levels With Respect to Human Exposure, 3 kHz-300 GHz. Pertinent Publications - • Haes, D.L.; Subjugating Technical Imperfections in the Composition of Wireless Cellular Telephone Radio-frequency[Rf]Environmental Assessments. Dissertation for Doctor of Philosophy Degree in Radiation Protection; 2000. • Haes, D.L., McCunney, R. (ed);Medical Center Occupational Health and Safety. Ch PP 14 Nonionizing Radiation Including Lasers, pp. 219-230. Lippincott Williams &Wilkins, Philadelphia, 1999. • Haes, D.L., Galanek, M, DiBerardinis, L. (ed);Handbook of Occupational Safety and Health. Chp 24 Radiation: Nonionizing and Ionizing Sources, pp. 987-1016. John Wiley & Sons, Inc., 1999. • Haes, D.L.,Fitzgerald, M.F.; VDT VLF Measurements: The Need for Protocols in Assessing VDT User "Dose". Health Physics, 68(4), pp. 572-578, 1995. • Ducatman, A., Haes, D.L..; Textbook of Clinical Occupational and Environmental Medicine. Chp 23 Nonionizing Radiation, pp. 646-657. W.B. Saunders Company, 1993. • Haes, D.L.; ELF Magnetic Field Measurements: Units of bedlam. Health Physics, 63(5), p. 591, 1992. • Haes, D.L.; VDT `Radiation' Protection Products - Protection or Pacification?. Health Physics Newsletter, Vol XIX, No 12, pp. 19-21. • Haes, D.L.; Are VDTs Safe?. 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OR "MIN; 90P'17'141/1'�;,P .......... . . ........... 1 �E k $s �f a _y s �rr x & e rr fni 1 1 Yvx, +� r < r r, � e V li 4i �'pV� y��1 �gVVl t��f ���VP IIIIlli x. r..--.MND• L11� �, . .ren„m. dlm ” k' nY l� a' u , u I y II III '�, ry i�a�Inl� IIIIIIIIIINIIIII I I „ r ` I III IIIIIII�Ir — IIIb II IV �, I�� �+N�IIIIIII, IIi111GIIlylhl , ILxI, I' 11ddI fP n , al Pl j Iil�alfl�r�y�i�V� �lieu �'r III', III nhn��l ICI�tlAy�� 1 1W I I;�sti a"��"eluG, APPROVAL 51GNATURE5 cn co ZONING BOARD OF APPEALS Q)toto NORTH ANDOVER, MA c r Q) co o _ moo d o� cm � SIGNATURE DATE 'i .0 0 c u --ach O rn O 51GNATURE DATE verlLnwireless 51GNATUPf DATE ® ® �I� E p STT T p T SIGNATURE DATE W E S T B O R O U G H ,PARKWAY 1 0115 81 SIGNATURE DATE m J y8 moQ �o >f O W F S P PROPOSED CELLULAR COMMUNICATION FACILITY p O Z � O ROUTE 125 401 ANDOVER STREET C) � NORTH ANDOVER , MASSACHUSETTS ESSEX COUNTY 0 jN OF MASSt STRUCTURAL ENGINEER +�'� cy o� ROBERT �f INDEX OF SHEETS:TITLE SHEET DAIGLE ENGINEERS INC. o� KENNETH �a Lu Lu I EAST RIVER PLACE " DAIGLE T-I 2957 VICINITY PLAN METHUEN, MAO 1844 STRUCTURAL 2957 SITE PLAN = tel: 978-G82-1748 No. 28583 A-1 51GHT LINE PROFILE5 U fax: 978-G82-6421 5-1 ROOF ATTIC PLAN5 ELEVATION < z � o j CIVIL ENGINEER ELECT ICAL ENGINEER R.E. CAMERON ASSOCIATES, INC. RONALD W. BUTA, INC. OWNER OF RECORD: JOHN McGARRY " 0 z G81 WASHINGTON 5TREET 3GO MERRIMACK STREET PLUMB 2 REALTY TRUST oNQ O = NORWOOD, MA 02062 LAWRENCE, MA 01843 401 ANDOVER 5TREEf tel: 781 -7G9-1777 tel: 978-G82-9229 NORTH ANDOVER MA 01845 ~�� J fax: 781 -769-8644 fax: 978-688-4930 X 00 n F- APPLICANT: DAVE TIVNAN iczz rw ;F- VERIZON WIRELE55 400 FRIBERG PARKWAY No. °— MECHANICAL ENGINEER FIRE PROTECTION ENGINEER WESTBOROUGH MAO1851 SGtt IPRD � n= LTC ENGINEERING ELDAAR-CRAFT DE51GN (50(5) 330-3342 21 MAGUIRE STREET 22 SCENIC DRIVE METHUEN, MAO 1844 DERRY, NH 03038 tel: 978-G82-8699 tel: G03-434-31 G4 ZONING DISTRICT: G-B 00340 OYtlgl fax: 978-G82-8699 fax: G03-434-7405 5u'' NONE 5Q 0ngned D/ Cera.w b/ 5U RFD Ora.nnq No. T- 1 APPROVAL SIGNATURES c co ZONING BOARD OF APPEAL5 a�cni NORTH ANDOVER, MA = Y o 0 ■\ d cm L ch 51GNATURE DATE �� M 'L M O N O 51GNATUPE DATE ■ 51GNATURf DATE \,00000l verl7Onwrreless T ® ® �I� E R G �A R K W A i SIGNATURE DATE W E S T B O R O C H 9 MA 01581 51GNATURE DATE m QF, v �>� Co ow°o m� PROPOSED CELLULAR COMMUNICATION FACILITY ROUTE 125 401 ANDOVER STREET � NORTH ANDOVER , MASSACHUSETTS ESSEX COUNTY � STRUCTURAL ENGINEER +�p``H Of V4SS*c ti o� ROBERT Gf INDEX OF SHEETS: DAIGLE ENGINEERS INC. ora KENNETH T-I TITLE SHEET w I EA5T RIVER PLACE DAIGLEj 2957 VICINITY PLAN METHUEN, MAO 1844 STRUCTURAL 2957 SITE PIAN = tel: 978-G82-1748 No. 28583 A- I 51GHT LINE PROFILES U fax: 978-G82-6421 gf'oFpt51 �� 5-1 ROOF ATTIC PLAN5 4 ELEVATION < Fs t E o Q N ozZ CIVIL ENGINEER ELECT ICAL ENGINEER O R.E. CAMERON ASSOCIATES, INC. RONALD W. BUTA, INC. OWNER OF RECORD: JOHN Mc ')p G81 WASHINGTON STREET 360 MERRIMACK STRI=ET PLUMB 2 REALTY TRUST 0c\►z NORWOOD, MA 02062 LAWRENCE, MA 01843 401 ANDOVER STREET °_Q O = tel: 781 -7G9-1777 tel: 978-G82-9229 NORTH ANDOVER MA 01845 u �� w w fax: 781-769-8644 fax: 978-G88-4930 0O n F- APPLICANT: DAVE TIVNAN P CC z ii w 5 F= VERIZON WIRELE55 MECHANICAL ENGINEER FIRE PROTECTION ENGINEER 400 FRIBERG PARKWAY No. °DDS 01 ADD VICINti l iV.V a WESTBOROUGH MAOI 85 I 51°NT PRGFlL MS In= LTC ENGINEERING ELDAAR-CRAFT DE51GN (508) 330-3342 21 MAGUIRE STREET 22 SCENIC DRIVE METHUEN, MAO 1844 DERRY, NH 03038 tel: 978-G82-8699 tel: G03-434-31 G4 ZONING DISTRICT: G-B °"'D03 40 052181 fax: 978-G82-8699 fax: G03-434-7405 NONE I 5F2 Dnrgrd df Cectrd b/ 5E2 ?fD D'—j I., r�. 1 � \\ M y cP wm a_ I Auk i WSW auk Ak �c� r 'CYC w% � � C 1 M comm 1 O �l 89 CA 2 COO) " Emop 0 `s 029` w Z• a� VICINITY MAP SCALE: 1 "=200' ROUTE 125-401 ANDOVER STREET DATE: 12/28/01 � e � � 8c ASSOCtATESIACEo C1 ME1A, G81 WASHINGTON ST. - NORWOOD, MASSACHUSETTS 02062 — --- CIVIL. ENGINEERS LAND SURVEYORS -- DRAWN BYKDN (voice) 781 7G9- 1 777 (fax) 781 7G9-8444 JOB No. 2957 i i �c N/F * RED $OUiRE REALTY to C/O HORIZONS MANAGEMENT ASSOC. LLC 'CRUS � Nt 6.07'19"E co c: L0 qaj O 242.84' / q - Q O O L >r O LL •9 O tb O Li 00 Li o TOP OF ROOF J TOWN OF , Ln = 35.5A.G.L. NORTH ANDOVER GAMMA SLOPED ROOF`- PROPOSED OOFiPROPOSED /1 GENERATOR FLAT ROOFTOP AREA N/F PARAPET ENCLOSURE a 4ZJS J b� Y.AKOVAKIS, MATTHEW & JAMES 5. ET UX / TOP OF PARAPET ' 00 "' 40.S' A.G.L. UJ W `ncl)om", i SLOPED ROOF m Z Q U N o BETA Z�W THIO STORY o p�AOJ BRICK OFFICE BUILDING ' o Lo u— Lu i N10'33'E'TRUE'NORTHTOP OF EA VE h}� O\V\ z = 246' A.G.L. o . `�� SIDELINE OF BUILDING / 114 G�� 125 cr- rW \yq nUl h2' N Oa GROUND ELEVATION AT a QOf FRONT OF BUILDING = LOCLS I��O� 6 AZO 220' NGVD OF 1929 FF W X X J 00 cin �� aCz LLJ c1J r � OF Iygs^ VICINITY MAP t+r� V ScOTr _ D. T " CAMERON '--'isI w� iam 143.30 S TREE o`a•o3'so'w #35393 _ W7� Ii000n. tv� r0U TE t25) � (STATE HIGHWAY ;; le ANDOj�R St) . 2957 LINE OF SIGHT o0 TO PROPOSED u 0 W ANTENNAS - ANDOVER STREET m O VIEWPOINT L a 0 " M O co LL N 00 LLF Wo EXISTING GRADE ' 51GHT - LINE "A" PROFILE FROM 404 ANDOVER 5T. (RE5IDENTIAL) (I••4o'1 (FOR AEIWAL VIEW SEE PLAN LINE WON VIuwTY PLAN) ANDOVER STREET E ROC< ROAD INTERSECTION LINE OF SIGHT 0 TO PROPOSED ANTENNAS — m VIEWPOINT — --- md0 YY mm m m d)Nr II�IBwIII--lir- �c dll1'l li`�—' a W o EXISTING GRADE E � 3 LINE OF SIGHT 516HT - LINE "D" PROFILE FROM S ROCK ROAD (RE5IDENTIAL) )) A TO PROPOSED — n•�O'7 POR IAL VIEW SEE PLAN LINED•ON VIGIM—PLAN S F{ • ANTENNAS VIEWPOINT — — y J co / mz J co ,t I;.F. LINE OF SIGHT /-- = p Z Q U o marc �� TO PROPOSED / D ��''� ANDOVER STREET ANTENNAS Y t- Z EXISTING GRADE /_-/ q�►pJ VIEWPOINT SIGHT - LINE "B" PROFILE FROM 3q8 ANDOVER 5T. (RE5IDENTIAL/OFFICE) �" a 0 b••+o7 (POR——Me PLAN LINE•e•oN vICINIrr PLA(uF- . 51(5HT - LINE "E" PROFILE IFkbW 01'flf bU51NE55E5 (1•.40•) (POR AERIAL VIEW SEE RAN LINE'E'ON—Ml-PV.W Z Q Z0 LU J Q LL. LINE OF SIGHT uj )- � ANDOVER STREET TO PROPOSED f O ~ d. - ANTENNAS _ -- — — — — S Q O z LINE OF SIGHT TO Q v J VIL_WPOINr ---- -- PROPOSED ANTENNAS luLU — — =ow twf) - F� O O rN �Wz iw sn / - a Ravlalc-s 911�I.rIRll—_I CfLI�lEi1511��j,�FJI — I—II�F�c=C`iJl Elll�IF-II No. vescro:fo� Dolce IQ A°°TREES EXISTING GRADS VIEWPOINT /-'/ '� g ® � g. 516HT - LINE "C" PROFILE FROM q ROCK ROAD (RE5IDENTIAL) i �I [R "••4C9 (PCR AERIAL VIEW sEE PLAT LINE•c•aN V:c:u1Tr PLAN) 1/" Q . -i ll1=�Li=1T=J" vel Job No.: p0948 09/19/01 E4afe: o^^aJ� rXiSTIN�N�5RA AS NOTED sEz 51GHT - LINE "F" PROFILE FROM LOT 3q (RETAIL BU5J�E �Z RKD (1'.40') (FOR AERIAL VIEW SEE PLAN LINE-ON VICINITY PLAN) °ra n'n9 No.: A-I co -0.•_ cl) to %a) m o ROOF � FROPpSED 11ERIZON5 Q .AO ANTENNAE - L TYP.A9�5M0 LL = cO 000 � C? -0 o � �L LL EDGE d o mo ai PARAPEE T ROOF 7 VERIZONS PROP09ED VERIZON5 PROPOSED v ANT�XhA HECTOR AL p—� .� ROOP NATLN �{ A11TE%VA SECTOR Y, � P �_ SEE DCTAIL 39/SS' Y POR E 5r,ROCK t t •❑ GE•EaA [L.J1-I In I ] LaL_.1F-1 Eg Fli Llf ] T] T] 19 xNERAraR A ` I I I 3 O I seE•3Trsr roR I I v:R:zoNs FROPOsp I Ed PMBNT ROOM I I © e I ��f ANTENNA SECTM ' ATTIL`PALE. y' I VERIZON`5� � AL-m sECrOR _EXISiI - CABLE NS PROP05ED I o JO m U GABLE RLN i I U U,Q a Y I I Q`a fr m m LOWER LEVEL L------------------------------------------------------------ -----------------------------------------------------------, o W 6 T P Ip U ROVR ISS 26 � � }' FRONT ELEVATION 26_ ROOF PLAN w A y CO Z () N EDSE DP BALDING (n QQ• GENERAL NOTES eao¢e°ReorGTiwcnoXricem O I.5TAULTIRAI STEEL: A) ALL 5—CTLRAL 5TEEL WIDE FI-AN6E AND 5�UCTLRAL TEE SNAFES SMALL BE ANTENNA ARRANISEMENT PLAN F- Q A5Tf1 A5T3 b 12 SO(FY.SO KSI)(.TN SPECIAL REOUIRENIENTS). ALL OTHER Q ` STRUCII.RAL 5TEcZ SHAPES SMALL BE ASTM AS6(FY•56 K51)LNLE-OTHERWISE Z NOTED.HOLLOW RADE ID(F SECTIONS(HSS).--- OR RBIIBE As- SS SMALL 0 W BE ASTM ASOO bRADE B T, •46 EEL PIPE LEL ETA SMALL BE ASTM A TYPE E O H LU (PY %K51). All sTRULTLRAL STEEL 9MAI1 BE DSTAILED,FABRICATED AND 4 O} E a) INA CDmNBCNIC STH TLE LATEST A.15L.nOXXIELECTRODES. J W 01 YN313�COF A.IZ NS SHALL BE MADE L's145 E"fOX% BWELDIRS SMALL LONT'_Y ERS.A.19L,AND AYLs.SPPLIFIGAt1ON9 AND SMALL BE PERFORMED BY S5•METAL 9OD YIV.l CERTIFIED ne_DERS. I 7L•PIKE CODE bYP. n C) BOLTED CONNECTIONS SMALL BE MADE I.S:Nb B/4'DIAMETER M535 H16N EA PALE BUILT LP O Z Q ST0) ALL BOLTS,NLE55 OTHERWISE NOTED. TIGHT r0 DEOG SEE D) ALL 5,SCRATCHES. STEEL SLICE S,`— PR"'S7 RK A'He FIELD DAFT PRIMER NOTE'A•OBLOH.ALL Z Is ERECT ALL' 9CRATCMES.WELD BLRKS.AD OCHER MARKS IN iNE FIELD AFTER STEEL WALLS TO Be rri �E%IST.ROOF HATLN Z Q 19 ERECTED. FnIIIPNENT WEIGHTS: 1—TEP...BAT . 35'RN EXISTING E) ALL FRAYED BEAN LOtNELTIONS SMALL 0E:ADE USINb DOUBLE WE9 ANGLES. P.6.BATTS. PARTITION F) S.BMIT 5—STEEL SHOF DWH1N65 FOR REVIEW BY THE ENGINEER (DO INDOOR MODIILAR'BLL .IDOT LOE,EA. WALL lL �/— NOT R•'.,CE 5TRUCTAD.L DRAWNGS FOR S --PLRPOSE51. CABINET(A) PATLL EXISTING Q 6)ST--TO BE PAINTED TO MEET- -WR=..E55 5 SFECIFILATIONS. T AI L TISITY _ EXIST.VENT—1V V POWERHOUSE 34/266 •I,TdT LBS 3. METAL ST.D/6YlB. CABINET r A) ALL METAL STUDS SHALL BE 3)5'.22 EA.HS7AL-A ESD A5 MANJFACTURED BY FOSE DALPJI E ALL H ED LSHA LY E i I STADARDS OP TNS TRADE. BATTERY CABINET(Z •SpST L95F-A PROPOSED I I f B) ALL bYF WN1 BOARD SHALL BE FIR:RATED. JOINTS SMALL BE TAPED AND COVERED W TH CO-LLSCREn HEADS SMALL Be COVERED BY(gMPOLND. ALL EGVIP.ROOM uj SLRFACE5 PALL BE SMOOTH AND FREE OF DEFECM I I COS.0TO RUNES INJ 15 —1 L) PAINT ALL HAL 5.ETC.WTN FAINT APPRPF�BY VERIZON. 0 i COAX IRCHI IN JOIST J 3. MISCELLA�BCVS: _ To E FROM VERT DV'T LLJ T N ALL E+FAHSION BIX.TS SHALL BE AS MANiA'T.RED BY ITW RAIMSEi/RED HEAD a"• —J TO EOUIR!E T ROOM 1- y INC•OR APPROVED EOJAL.(5EE DRAYUN65 FOR SIZE AND TYPED. E LU 0) ALL WORK SHALL COMPLY WTN THE CLRR_:T EDITIONS OF ALL STATE AND .^ O LOCAL BL'tLi'.NG LODES. aa V I L) THE E SUNG CONDITIONS SHOHN HAVE B—1 BASED ON VISIAL OBSERVATIONS 9A 0 ,1 1 ONLY,ANO 15 NOT A RESULT OF AN IN-DEPTH INY•�•Ti6ATION INTO THE STRULNRE RE"IWE EXIStIN6 T'-0'B-LABEL ll.. •:. lL ITSELF. IT 15 THE CONTRACTOR'S RESPONSIBILITY-O'ONDI!CT IN-DEPTH NOTE•A': HANDRAIL—RE IS'-0'•/- DOOR(1 HR itATING) ECONGReTB SLAB a V INVESTI6—C AND/DFL TESTING IWEN LNKDWN CODITIONS ARISE. ALL DIMENSIONS ALLHALL5 5MALL EXTEND LP TO SHO— RELATED TO TME EXISTING CONSTRUCTION ARE A•PRO.—UNLESS OTNERYi15E ROOF DECK AND SHALL BE FITTED PATLM EXI5tIN6 ReV!SI°ne NOTED, TME CONTRALTOR SMALL VERIFY ALL DIMENSIONS BEFORE FABRICATION,ANO ARQ.ND ROOF JOISTS AND EBAMS. HANDRAIL LK TIGHT TYUT ALL ARE'OMPATIsLE W TM EXIST—CONDITIONS. THE'ONTRALTOR PROVIDE•FIRE SAFING'IN ALL TO NEN HALL N°. Deecrlp!IOn SHALL NOTIFY THE ENGINEER OF ANY DISCREPA- PITH.OR CONDITIONS THAT ARE DECK FLUTES AND OTHER bAPS TO WN N rNQ NOT SHOE CONTRACT DRAWINGS,EEFOC PeOCEEDINb HITN ANY WORK SEAL OFF ROOM FROM Am L. DI PR a TILE FLOOR PER VERIZONS SP=S. Nor'a': Q vvLAF coL.WITH oNELAr_e of Y.• PL.GYP.WALL BOARD. ins ROUTE ISS Del Job b: DO[e. 90548 04/25/01 ATTIO FLOOR PLAN 27 NOTED — 5°ele: D°Hn z AS SEZ veai<pee b): LNeciad bj: SeZ RKD DroWlny N°.: 5—I Zoning Bylaw Denial Town Of North Andover Building Department 4 � 11. , M �4Ss�CNUS�' 27 Charles St. North Andover, MA. 01845 Phone 978=688=9545'Faz'978=688-9542 Street: .. Ma /Lot: 3 3 Applicant: `Po b I,.,so" 4 G o l ten)NAS 4-15SaC �t P. c� u cS�i w iQvo F Date: i-C( .- 0Q, i Please be advised that after review of your Application and Plans that your Application is DENIED for the following„Zoning Bylaw-reasons: Zoning G j,3 Item Notes A Lot Area _ Item Notes F Frontage 1 Lot area Insufficient 1 Frontage Insufficient 2 Lot Area.Preexisting +` s 2 Frontage Complies 3 Lot Area Com lies 3 Preexisting frontage �{ e 4 Insufficient Information 4 Insufficient Information B Use 5 No access over Frontage 1 Allowed G Contiguous Building Area q 2 Not Allowed, 1 Insufficient Area 3 Use Preexistin 2 Complies 4 Special Permit Required S 3 Preexisting CBA 5 Insufficient Information 4 Insufficient Information C Setback H Building Height 1 All setbacks coni ly N a 1 Height Exceeds Maximum Z Front Insufficient H S 2 Complies 3 Left Side Insufficient 3 Preexisting Height 4 Right Side Insufficient `1 S 4 Insufficient Information 5 Rear Insufficient cs I Building Coverage 6 Preexisting setbacks) N 1 Coverage exceeds maximum 7 Insufficient Information 2 Coverage Complies D Watershed 3 Coverage Preexisting - I Not in Watershed H e S 4 Insufficient 2 In Watershed t I nfof'mation Sign 3 Lot priorto 10/24/94 J Si g � A 1 Sign not allowed 4 Zone to be Determined 2 Sign Complies 5 Insufficient Information p 3 Insufficient Information E Historic District K Parking 1 In District review required 1 More Parking Required .A 2 Not in district 4(r-5 2 Parkin Complies 3 Insu g p les fftctent Information 3 Insufficient Information 4 Pre-existin Parkin Remedy for the above is checked below. Item # Special Permits-PlanninBoard Item # Variance Site Plan Review S ecial Permit C a-�'�' Setback Variance Access other than Fronta e S ecial Permit Fronta a Exception Lot Special Permit Parkin Variance Co Lot Area Variance r Com unvewa S ecial Permit Con re ate Housin Spec ial Permit variance ht Variance Continuing Care Retirement S ecial Per i Variance for Si n p mt S ecial Permits Z Inde endent Elderl Housin S tical Permit omng Board Lar a Estate Condo S ecial Permit fEarth l Permit Non-Conformin Use ZBA Planned Develo Ment District S ecial Permit Removal S ecial Permit ZBA l.Permit Use not Listed but Similar Planned Residential S ecial PermitR-6 Densit S ecial Permit l Permit for Si nWatershed S eciaf`Permi,t l Permit preexistingnonconformin tx9i t'`e�C�g S�Pl�tce. �a �Li tr9 The above review and attached explanation of such is based on the plans and information submitted. No definitive review and or advice shall be based on verbal explanations by the applicant nor shall such verbal explanations by the applicant serve to provide definitive answers to the above reasons for DENIAL. Any inaccuracies,misleading information,or other subsequent changes to the information submitted by the applicant shall be grounds for this review to be voided at the discretion of the Building Department.The attached document titled"Plan Review Narrative"shall be attached hereto and incorporated herein by reference. The building department will retain all plans and.documentation for the above file.You must file a new building permit application form and begin the permitting process. .Building Department Official Signature Application Received Application Denied Denial Sent: If Faxed Phone Number/Date: Plan Review Narrative 6 The following narrative is provided to further explain.the reasons for denial for the application%- permit for the property indicated on the reverse side: 6 4 clC nC7 A V.r- a C�N�a< =v l6Z /S-5e" vC. ;e m a 1/ / oc/C�L ?cam G�/�v Gf/ �"'�� (✓�C:.p M,v_nJ� C v iv s��rJ c7 n�vL �'t a CJ< �i c�17`i a•zCS p � GPS I N �L p.S S S p n c�C Ce �L�G>.� �r Tri S Gl// rGTcti i I i Referred To: Fire Policeealth nservation tonin Board Plannin —IUIJQI tment of Public Works Other Historical Commission BUILDING DEPT Town of North Andover Office of the Zoning Board of Appeals '•" °� Community Development and Services Division 27 Charles Street North Andover,Massachusetts 01845 CON40 D. Robert Nicetta Telephone(978)688-9541 Building Commissioner Fax(978)688-9542, N C) Any appeal shall be filed Notice of Decision within(20)days after the Year 2002 date of filing of this notice - �`�co r' (j ocoG7 6 in the office of the Town Clerk. Property at: 401 Andover Street NAME: Cellco Partnership d/b/a Verizon Wireless,400 DATE: August 8,2002 Friberg Parkway,Westborough,,MA 01581 ADDRESS: for premises at: 401 Andover Street PETITION: 2002-004 North Andover,MA 01845 HEARING: 2/12/02,3/12/02,& 8/1/02 The North Andover Board of Appeals held an"under advisement'hearing at its special meeting on Thursday, August 1,2002 at 5:00 PM in the Town Hall Library upon the application Cellco Partnership d/b/a/Verizon . Wireless for premises affected at 401 Andover Street,North Andover,MA requesting a Variance from Section 8.9, Paragraph 8.9.3(c)(vxl)for relief from the 600 foot minimum setback requirement from theProPertY line of which are either zoned for or contain residential and/or educational f properties uses o any types. Said premise affected is property with frontage on the west side of Andover Street within the General Business(GB)zoning district. The following members were present: Robert P.Ford,John.M.Pallone,Ellen P.McIntyre,George M.Earley,and Joseph D.LaGrasse. Upon a motion made by Joseph D.LaGrasse and 2°d by George M.Earley,the Board voted to GRANT the dimensional Variance for relief from Section.8.9,Paragraph 8.9.3(c)(vxl)of 520'ag shown on plans titled . Proposed Cellular Communication Facility Route 125—401 Andover Street,North Andover,Massachusetts for Verizon Wireless,400 Friberg Parkway,Westborough,MA 01581 by Robert Kenneth Daigle,Registered Professional Structural Engineer#28583,Daigle Engineers,Inc.,1 East River Place,Methuen,MA,T-1 5/21/01, rev. 1/7/02&S-1 dated 4/25/01,Robert Kenneth Daigle,Registered Professional Structural Engineer#28583 and Scott D.Cameron,Professional Land Surveyor#35393,Site Plan 2957,dated 11/29/00,and Scott D.Cameron, Professional Land Surveyor#35393,R.E.Cameron&Associates,Inc.,681 Washington St.,Norwood, Massachusetts,Vicinity Plan 2957 dated 12/28/01. The Board finds that the petitioner has.satisfied the intent of Section 8.9,Paragraph c x )( ) v 1 that ensures ( public safety by a 600',or,2x the height"fall-zone"set back by attaching the ca.4'high antennas to the existing 5'high hip-roof deck parapet,and the intent of Paragraph 8.9.4(a)(i)(2)by matching the antenna color to the parapet color;and provisions of Section 10,paragraph 10.4 of the Zoning Bylaw that the granting of these variances will not adversely affect the neighborhood or derogate from the intent and purpose of the Zoning Bylaw. Voting in favor: Robert P.Ford,John M.Pallone,Ellen P.McIntyre,George M.Earley,and Joseph D. LaGrasse. Pagel of 2 BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535 ~ w Town of North Andover Office of the Zoning Board of Appeals °°p Community Development and Services Division ; s 27 Charles Street °9wno North Andover,Massachusetts 01845 9ss„CHes�t D. Robert Nicetta Telephone (978)688-9541 Building Commissioner Fax(978)688-9542 G? C �GC7 C 7 M SP:�P '" 77 7 Furthermore,if the rights authorized by the Variance are not exercised within one(1)year of the date of tW grant, it shall lapse,and may be re-established only after notice,and a new.hearing. Furthermore,if a Special Permit granted under the provisions contained herein shall be deemed to have lapsed after a two(2)year period from the date on which the Special Permit was granted unless substantial use or construction has commenced, it shall lapse and may be re-established only after notice,and a new hearing. Town of North Andover Board of Appeals Robert P.Fo Acting Chairman Decision2002-004 Page 2 of 2 BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535 Town of North Andover � NceTM Q tt4lD`6 Aa Office of the Building Department g Community Development and Services Division i William J. Scott, Division Director 'ls? ++TlD'F`4e 27 Charles Street 4SSACHU North Andover,Massachusetts 01845 D. Robert Nicetta Telephone(978)688-9545 Building Commissioner Fax(978) 688-9542 July 31, 2001 Mr.James R. Stearns Robinson &Cole LLP One Boston Place Boston, MA 02108-4404 Re: Verizon Wireless—Proposed Installation at 401 Andover St., North Andover Dear Mr. Stearns: I am in receipt of your letter dated July 27,2001. 1 have referred the issue to Local Building Inspector Michael McGuire as he was the inspector who determined the permit application. Mr. McGuire will be contacting you regarding this matter. I will be away on vacation until August 20,2004. Should you wish to contact me, I would be happy to meet with you in the event your concerns have not been addressed. Sincerely, D. Robert Nicetta Building Commissioner Cc: Michael McGuire, Building Inspector w/Enclosure (/ North Andover Planning Board w/Enclosure BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535 Town of forth Andover Office of the Building Department Community Development and Services Division 27 Charles Street North Andover,Massachusetts 01845 1SSACHU D. Robert Nicetta Telephone(978)688-9545 Building Commissioner Fax(978)688-9542 August 1,2001 Janet R. Stearns Robinson& Cole LLP One Boston Place Boston, MA 02108-4404 Re: 401 Boston St–Wireless Dear Ms Stearns: Please be aware I am in receipt of your letter dated July 27,2001 to Mr. Nicetta in regards to the proposed wireless installation at do ear Stf—eeti in North Andover. Please direct correspondence on this matter to me, as I am the mspedtor who is handling this project. In re-visiting the proposal it has come to my attention that a variance is required from the Board of Appeals for the six hundred (600)foot minimum setback required for all wireless devices, antenna and their mounting structures,whether attached to a new or existing structure, as measured from the adjacent property line of properties which are zoned for, or contain residential and or educational uses of any type. Please be aware that a new site plan should be prepared and submitted to this office showing all structures within the six hundred (600) foot setback requirement from the property lines so that we may begin the process to go before the appeals board. Respectfully, Michael McGuire, Local Building Inspector Cc: Robert Nicetta, Building Commissioner Heidi Griffin, Town Planner BOARD OF APPEALS 688-9542 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535 August 1,2001 Janet R. Stearns Robinson& Cole LLP One Boston Place Boston,MA 02108-4404 Dear Ms Stearns: Please be aware I am in receipt of your letter dated July 27,2001 to Mr. Nicetta in regards to the proposed wireless installation at 401 Andover Street in North Andover. Please direct correspondence on this matter to me, as I the inspector whoEa�s handling this project. ,b In re-visiting the proposal it has come to my attention that a variance is required from the �Doard Appeals for the six hundred(600) foot minimum setback required for all wireless devices, antenna and their mounting structures, whether attached to a new or existing structure, as measured from the adjacent property line of properties which are zoned for, or contain residential and or educational uses of any type. Please be aware that a new site plan should be prepared anYsubmitted to this office showing all structures within the six hundred (600)foot setback requirement from the property lines so that we may begin the process gebefore the appeals board. Respectfully, Michael McGuire Local Building Inspector Cc- 6C � I 1 ROBINSON & COLELLP LAW OFFICES BOSTON • HARTFORD • STAMFORD • GREENWICH • NEW YORK One Boston Place Boston,MA 02108-4404 617-557-5900 Fax 617-557-5999 Janet R. Stearns 617-557-5971 jsteams@bost.rc.com July 27, 2001 Mr. Robert Nicetta Municipal Building 120 Main Street North Andover, MA 01845 Re: Verizon Wireless - Proposed Wireless Installation at 401 Andover St., North Andover Dear Mr. Nicetta: On behalf of Cellco Partnership d/b/a Verizon Wireless, I enclose a copy of a plan showing the wireless service facility Verizon Wireless proposes to locate on the existing office building located at 401 Andover Street (the"Property"). As shown on the enclosed plan, the north portion of the Property is located in a Residential District 4 and the southern portion is located in a General Business zoning district. The proposed facility consists of panel antennas mounted on the existing building parapet and related equipment. As we have discussed, Verizon Wireless is aware of the amendment to Section 8.9 of the Town's wireless service facilities bylaw, which was passed at the December 2000 town meeting. I also enclose a copy of a zoning bylaw review form prepared by your department in March 2001 in connection with this proposed facility. We have previously discussed the fact that this review form did not indicate the need for a variance from the newly established 600 foot setback requirement under Zoning Bylaw Section 8.9(3)( c)(v) I attended a meeting of the North Andover Planning Board on June 5, 2001 to discuss the future filing of a special permit application for the proposed facility under the recently amended wireless service facilities provisions. At that meeting, the Planning Board agreed that the proposed facility is the type of wireless service facility that is consistent with the purpose of the wireless service facility bylaw, but indicated that Verizon Wireless must first apply for a variance from the 600 foot setback provision established under the amended Zoning Bylaw. In our previous conversations, you requested the opportunity to review the enclosed plan prior to meeting with me to discuss your interpretation of the wireless service facility zoning provisions as applied to the proposed facility on the Property. After you have reviewed the BOST1-738957-1 r ROBINSON & COLE LLP Mr. Robert Nicetta July 27, 2001 Page 2 enclosed plans, I would appreciate the opportunity to meet with you to discuss the proposed Verizon Wireless facility. Please contact me at (617) 557-5971 if you require any additional information to complete your review. I will contact you next week to arrange a meeting to discuss zoning issues related to this proposed wireless service facility. Sincerely, Ja . Stearns JRS/ek Cc: David Tivnan, Verizon Wireless (without enclosures) Enclosure ROBINSON & COLELLP Lam:°Com Es BOSTON • HARTFORD • STAMFORD • GREENWICH • NEW YORK One Boston Place Boston,MA 02108-4404 617-557-5900 Fax 617-557-5999 j Janet R. Stearns 617-557-5971 jstearns@bost.rc.com July 27, 2001 Mr. Robert Nicetta Municipal Building 120 Main Street North Andover, MA 01845 Re: Verizon Wireless - Proposed Wireless Installation at 401 Andover St., North Andover Dear Mr. Nicetta: On behalf of Cellco Partnership d/b/a Verizon Wireless, I enclose a copy of a plan showing the wireless service facility Verizon Wireless proposes to locate on the existing office building located at 401 Andover Street (the"Property"). As shown on the enclosed plan, the north portion of the Property is located in a Residential District 4 and the southern portion is located in a General Business zoning district. The proposed facility consists of panel antennas mounted on the existing building parapet and related equipment. As we have discussed, Verizon Wireless is aware of the amendment to Section 8.9 of the Town's wireless service facilities bylaw, which was passed at the December 2000 town meeting. I also enclose a copy of a zoning bylaw review form prepared by your department in March 2001 in connection with this proposed facility. We have previously discussed the fact that this review form did not indicate the need for a variance from the newly established 600 foot setback requirement under Zoning Bylaw Section 8.9(3)( c)(v) I attended a meeting of the North Andover PlanningBoard on June 5 2001 to discuss the , future filing of a special permit application for the proposed facility under the recently amended wireless service facilities provisions. At that meeting, the Planning Board agreed that the proposed facility is the type of wireless service facility that is consistent with the purpose of the wireless service facility bylaw, but indicated that Verizon Wireless must first apply for a variance from the 600 foot setback provision established under the amended Zoning Bylaw. In our previous conversations, you requested the opportunity to review the enclosed plan prior to meeting with me to discuss your interpretation of the wireless service facility zoning provisions as applied to the proposed facility on the Property. After you have reviewed the BOSTI-738957-1 i - ROBINSON & COLE 'LLP Mr. Robert Nicetta July 27, 2001 Page 2 I enclosed plans, I would appreciate the opportunity to meet with you to discuss the proposed Verizon Wireless facility. Please contact me at (617) 557-5971 if you require any additional information to complete your review. I will contact you next week to arrange a meeting to discuss zoning issues related to this proposed wireless service facility. Sincerely, J aiC Stearns JRS/ek Cc: David Tivnan, Verizon Wireless (without enclosures) Enclosure - ' ' 01 : 35P North Andover Com- Dev . 9786889542 P - oz Apr-102-01 I p/Np�e��•1h Zoning Bylaw Review Form Town Of North Andover Building Department =,+�?? 27 Charles St. North Andover, MA.01845 Phone 978-688-9546 Fax 978-688-9642 Street: �— L_ ll 'o 01 Map/Lot: OR"31,1 'C' 0:.412`A Request: I Li�2 VAN,. j N}e.U&1A 9 /Gr�•a.�ador. Kucf 4f P pate: Please be advised that after review of your Application and Plans your Application is � /DENIED for the following Zoning Bylaw reasons: oning Item __ Notes Item Notes A Lot Area F Frontage 1 Lot area Insufficient 1 Frontage Insufficient 2 Lot Area Preexisting 4 ¢ S 2 Frontage Complies 3 Lot Area Complies -r- S 3 Preexisting frontage 4 Insufficient Information 4 1 No access over Frontage B Use 5 Insufficient Information 1 Allowed G Contiguous Building Area 2 Not Allowed _ 1 Insufficient Area 3 Use Preexisting 2 Complies 4 Special Permit Required 't e.5 3 Preexisting CBA `t e 5 Insufficlent Information 4 Insufficient Information C Setback H Building Height 1 All setbacks comply 1 Height Exceeds Maximum 2 1 Front Insufficient 2 Complies 3 Left Side Insufficient 3 Preexisting Height `t a-.S 4 Right Side insufficient 4 Insufficient Information 5 Rear Insufficient l Building Coverage 6 Preexisting setback(s) L•1 S- 1 Coverage exceeds maximum 7 Insufficient Information 2 Coverage Complies p Watershed 3 Coverage Preexisting y� I Not in Watershed �I e - 4 Insufficient Information 2 In Watershed J Sign 3 Lot priorto 10/24/94 1 Sign not allowed 4 Zone to be Determined 2 Sign Complies 5 Insufficient Information 3 Insufficient information E Historic District K Parking N r� 1 In District review required 1 More arking Required 2 Not in district_ `l e-3 2 Parking Complies 3 Insufficient Information 3 Insufficient Information Remedy for the above is checked below. Item# Special Permits Planning Board Item A Variance Site Plan Review Special Permit Setback Variance Access other than Frontage Special Permit Parking Variance Frontage Exception Lot Special Permit Lot Area Variance Common Driveway Special Permit Height Variance Congregate Housing Special Permit Variance for Sign Continuing Care Retirement Special Permit Special Permits Zoning Board Independent Elderly Housing Special Permit Special Permit Non-Conforming Use ZBA Large Estate Condo Special Permit Earth Removal Special Permit Z13A Planned Development District Special Permit Special Permit Use not Listed but Similar Planned Residential Special Permit Special cial Permit for Sign R-6 Density Special Permit Other Watershed Special Permit Supply Additional Information The above review and attached explanation of such is based on the plans,request for or information submitted. No definitive review and or advice shall be based on verbal explanations by the applicant nor shaft such verbal explanations by the applicant serve to provide definitive answers to the above reasons for this action. Any Inaccuracies,misleading information,or other subsequent changes to the Information submitted by the applicant shalt be grounds for this review to be voided at the discretion of the Building Department.The attached document tilled"Plan Review HirretOW.shall be attached hereto and incorporated herein by ref erap e. Th builds department will retain all plans and docu ntation forthe above fits i t \ �Cja� Ltry w{ding Department Official Signature Appilgtion Received , �I Appii tion erredY�7+K i`{+ y;"r�c +n1„' r` .ti HFw1r h4 f P y s Denial Sent: If Faxed Phone Number/Date " I�N� i t tWfby 'i� T�•7 �1 - � ( 5 i l>d<i�" A.( �r t�',� �4 h�' '�e�iE�1¢ 4 °3 Y�I� l Apr-02-01 01 : 35P North Andover COM- Dev - 9786889542 P - 03 , Plan Review Narrative The following narrative is provided to further explain the reasons for the action on the properly indicated on the reverse side: V, I-RU 60 NO Ci cc.I blef 129 b W, U-t�vh I P 4S IN Referred To: Fire Health Police Zoning Board Conservation Department of Public Works Planning Historical Commission Other BUILDNG5 DEPT ZoningBylawDenia12000 RECEIVE JUL 31 2001 BUILDING DEPT;