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HomeMy WebLinkAboutMiscellaneous - 723 OSGOOD STREET 4/30/2018 (2)36-7 i �IiS�V^Q'W�Y�i9`�I 6u+ve+"r, R9i�ile � �U i j of _ . ZBA O 5 3 �. Date .....a.v)...�.�r...a�.��, OF p►ORT{q, �. o� •`' 9 TOWN OF NORTH ANDOVER '°- RECEIPT CHU�✓� This certifies that ......J... 1 / haspaid. ..✓l .l�h�....... 10.(/.t.-0 .. ........................................... for ....11. 6Lr.t...!�.� .Q....... ...... -.!... �...... .: t....... 1 Received by .....}�� 1.1..'1.......7-? �' .! 1.!.C�.!'1........................................ Department... ..�....................................................................... WHITE: Applicant CANARY: Department PINK: Treasurer `' ,.: ... - .. .,. ...,: ....r..ar�rm.m*rw+'� Rf'`•.n5,si.'�iidhssw.sr•..crm::erm..e:.aw+.rt.'�� '.�'wldww tit:a�3. v�Ya'4ik?tvoirsti Suidc+xaiae��*Nei+vnM+.'ticrtssa.au•..«s..�.._.�«.+-........a�..-_-.w�.,s-.�.vt.:s.a....nYa.w,..•...................._._.. _.. _ -®Century . Century Bank &Trust Company 18654 ; , . ANDERSON & KRE'IGER LLP y brank Somerville, Malden, Burlington, Medford or Cambridge ; ATTORNEYS AT LAW 53-139/113 47 THORNDIKE STREET 11/29/2001 CAMBRIDGE, MA 02141 i � I i PAY TO THE**50.00 i ORDER OF TOWN OF NORTH ANDOVER Fifty and 00/100****************************************************************************DOLLARS OPERATING ACCOUNT TOWN OF NORTH ANDOVER ' GJOQO J'FC i 1FC L�, MEMO AUTHORIZED SIGHATU s� 4 • •• u00L8654n' i:0113OL3901: II -0S 203L5 5110 ANDERSON & KREIGER LLP ATTORNEYS AT LAW TOWN OF NORTH ANDOVER I Business Checkil 1677 18654 11/29/2001 50.00 zBA 053 a./) 1) Date....©.V.v�..�.../... a. TOWN OF NORTH ANDOVER RECEIPT 0.00 D D D D � VIEW SHED ANALYSIS AT&T Wireless Services -Stevens Estate D Proposed Monopole Site Number: E 445.7 723 Osgood Street N. Andover, MA 01845 �D D r December 19, 2001 U Prepared for. AT&T Wireless Services 400 Blue Hill Drive Suite 100 D Westwood, MA 02090-2160 Prepared by: Greenman -Pedersen, Inc. D 28 Lord Road Marlborough, MA 01752 DOffice (508) 481-7200 jAN 1 �i 2002 Fax 508 480-0645 BOARD OF APPEALS Job No. 2000209 24 D Greenman - Pedersen, Erns.. D u n B r N C e N AT&T Wireless Services is proposing an 100' two carrier Monopole at Stevens Estate, Osgood Street, North Andover, MA. On December 18, 2001 a crane was set at 95' in the approximate location of the proposed AT&T Monopole. The ground elevation was approximately 5' higher than the proposed location. A crane height of 95' was used at the higher elevation to simulate a pole height of 100'. The 95' elevation was set with a cloth tape. Pictures were taken by Greenman -Pedersen, Inc. Pictures were selected at various locations at a 1 mile radius from the site. Additional pictures were taken at major intersections, high ground locations and the 1 mile perimeter. The pictures are numbered and are referenced by their locations on the key map included at the back of this presentation. From the 68 locations shown here, the crane was visible from only 10 locations: • Stevens Estate grounds (Picture #4) • Stevens Estate, 3rd. floor (Picture #8) Stevens Estate grounds (Picture #9) • Stevens Estate grounds (Picture #24) • Pumping Station, Great Pond Rd. (Picture #50) • The Loft Restraunt, Osgood Street (Picture #57) • Lawrence Municipal Airport entrance Rd (Picture #58) • China Blossom Restraunt, Osgood Street (Picture #59) • Furber Avenue at Moody Street (Picture #62) • 48 Colgate Drive (Picture #65) Photo renderings of these 10 locations were prepared showing simulations of the proposed AT&T Monopole and are included in this analysis. Greenman - Pedersen, Enc. 12/19/01 e. 4�;ki 44 I [IJ I Cf u n 0 u r 0 D12/19/01 R 4u��n •, i4Rr ,i to Ak i'�i�. LF ti � k�ty�,� i•! . . R �j 4u��n •, i4Rr ,i to Ak i'�i�. !! � k�ty�,� i•! . . �j Tel AN .Y WT a�m `Wit, � .� • .✓a t. 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N '74 EW )9 t.PROPOSED AT&T MONOPOLE .mop - M5, ti f tip gal dv� X. 0 u C r !1] IIS 0 m u 0 L I III I t I u I I n Proposed AT&T Monopole Stevens Estate North Andover, MA E 445.7 Northwest Elevation View from Lawrence Municipal Airport looking Southeast Greenman - Pedersen, Inc. u I '.f [II I LI L r L L r r 0 Proposed AT&T Monopole Stevens Estate North Andover, MA E 445.7 West Elevation view from Furber Avenue at Moody Street looking East Greenman - Pedersen, n2c 12/19/01 M � � � � /� \� � � � 11 4;0 /� Ate'' dr Q- r: sarsr..-- - ►Ik3 •C� on•!A - iAV �`,- �% tib ��_� 1^�- ' .'�.T�. q �ti�—'tom' !�`'� •- ' OK ICU -44 ., s . h �� - _ �R t9',�' } j v1 !".]�i e` �. 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Telephone (978) 688-9541 Fax (978)688-9542 N G-) tV C' �! 00 Notice of Decision rn o -0 Year 2002 rn w � Property at: The Stevens Estate, 723 Osgood Streets NAME:h�ts &T Wireless PCS LLC by and DATE: 1/25/02 througManager AT&TWireless Services, Inc. d/b/a T Wireless, and; Sprint Spectrum L.P. d/b/a St PCS. �2� DRESS: 400 Blue Hill Drive, Westwood, MA PETITION: 2002-001 90 and; Crossroads Corporate Center,1 International Boulevard, Suite 800, Mahwah, NJ 07495 HEARING: 1/15/02 The North Andover Board of Appeals held a public hearing at its regular meeting on Tuesday, January 15, 2002 at 7:30 PM upon the application of AT&T Wireless PCS LLC by and through its Manager AT&T Wireless Services, Inc. d/b/a AT&T Wireless, and; Sprint Spectrum'L.P. d/b/a Sprint PCS for premises affected at the Stevens Estate, 723 Osgood Street, North Andover, MA to allow for variances from Section 8.9, Paragraphs 8.9.3.c.i and 8.9.3.c.ii (restricting height to 10' above the average building height within 300' or, if no such buildings, 10' above average tree canopy height) and from Section 8.9, Paragraph 8.9.4.a.iii(2) (restricting color above vegetation to light gray or blue) in order to construct a two -carrier monopole with internal antennas. The following members were present: Raymond A. Vivenzio, Robert P. Ford, John M. Pallone, Scott A. Karpinski, and Ellen P. McIntyre. Upon a motion made by Robert Ford and 2d by Ellen McIntyre, the Board voted to GRANT a height variance 13' from the requirements of 8.9.3.c.i and 8.9.3.c.ii (restricting height to 10' above the average building height within 300' or, if no such buildings, 10' above average tree canopy height) to permit the construction, operation, maintenance and use of a 100' two -carrier monopole with internal antennas, including the required FAA light to the height of 102' and the required lightning rod to the height of 104' in accordance with the following Plans for the facility prepared by Greenman - Pedersen, Inc., 28 Lord Road, Marlborough, MA 01752 BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535 1 SHEET DESCRIPTION 2BO-E4457-ZO1, Rawland Site - Monopole With Shelter Title Sheet rev. 2. 2BO-E4457-ZO2, Rawland Site — Monopole with Shelter Property Plan- rev.l. One Compound 2BO-E4457-Z03, Rawland Site — Monopole With Shelter Site Plan -One rev. 2. Compound 2BO-E4457-Z04, Rawland Site — Monopole with shelter Elevation -One rev. 1. Compound on paper dated and sealed by David A. Chappell, RPE, November 21, 2001, and on mylar dated and sealed by Jeanne T. Gamache, RPE, January 15, 2002: and a color variance from the requirements of 8.9.4.a.iii.2 (restricting color above vegetation to light gray or blue) to permit the construction, operation, maintenance and use of a 100' two -carrier monopole with internal antennas, including the required FAA light to the height of 102' and the required lightning rod to the height of 104' in accordance with FAA Advisory Circular 70/7460-1K referred to in the FAA' s determination for the proposed facility. Voting unanimously in favor: RAV/RPF/JMP/SAK/EPM. The Board finds that the variances the applicants have requested 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. The applicants submitted 21 documents to support their request; including the Planning Board Special Permit with 9 specific conditions and 14 waivers, the Massachusetts Department of Public Health approval, and Noise Analysis by Alactronics. Furthermore, if the rights authorized by the Variance are not exercised within one (1) year of the date of the 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 "Boaj�l f' Raymond A.Vivenz' , Acting Chairman Decision2002-001 . EF NOM ANDOM %rAnsocz,rd 04� tplf vcharles Street Andover W L?;3):5 Lane 2. AWS' completed Board of Appeals Application For Relief From The Zoning Ordinance; 3. Sprint, s completed Board of Appeals Application For Relief From The Zoning Ordinance; 4. Certified Abutters List; 5. One set of addressed, stamped envelopes for all abutters identified on the Certified Abutters List; 6. Assessor, s Map numbered 35; 7. Zoning Map; 8. The following Plans for the proposed facility prepared by Greenman -Pedersen, Inc., on paper dated November 21, 2001, and on mylar dated January 15, 2002: SHEET DESCRIPTION 2BO-E4457-ZO1, Rawland Site - Monopole With Shelter Title Sheet rev. 2. 2BO-E4457-ZO2, Rawland. Site — Monopole with Shelter Property Plan- rev.l . One Compound 2BO-E4457-Z03, Rawland Site — Monopole With Shelter Site Plan -One rev. 2. Compound 2BO-E4457-Z04, Rawland Site — Monopole with shelter Elevation -One rev. 1. Compound 9. AWS' RF report, with coverage charts, demonstrating (1) the need for the facility, (2) the coverage it will provide, (3) "that there are no feasible preexistent structures upon which to locate" under 8.9.3.b.9, and (4) the other existing AWS facilities in North Andover and outside North Andover within one mile of its boundary; 10. Sprint, s RF report, with coverage charts, demonstrating (1) the need for the facility, (2) the coverage it will provide, (3) "that there are no feasible preexistent structures upon which to locate" under 8.9.3.b.9, and (4) the other existing AWS facilities in North Andover and outside North Andover within one mile of its boundary; 11. Notarized Owner, s Consent to Municipal Development application; 61 12. Two View Shed Analyses prepared by Greenman -Pedersen, Inc., one dated December 4, 2000, and the other dated December 19, 2001, based on crane tests conducted for AWS' IFB Response and for the carriers' variance applications; 13. AWS' Report to the Massachusetts Department of Public Health certifying that the maximum allowable frequencies, power levels and standards will not be exceeded for the facility; 14. The Massachusetts Department of Public Health, s approval of AWS' proposed facility; 15. Sprint, s Report to the Massachusetts Department of Public Health certifying that the maximum allowable frequencies, power levels and standards will not be exceeded for the facility; 16. AWS' Notices to the Federal Aviation Administration of the proposed construction; and 17. FAA Determination Regarding the proposed 100', two -carrier flagpole -style monopole; 18. FAA Determination Regarding a 90', one -carrier flagpole -style monopole; 19. FAA Advisory Circular 70/7460-1K (the "1K Circular") referred to in these determinations; 20. Noise Analysis prepared by Alactronics; and 21. The Planning Board Special Permit. III. THE PLANNING BOARD SPECIAL PERMIT Pursuant to Sections 8.9 of North Andover' s Wireless Service Facilities Zoning Bylaw, the Planning Board specifically found in its special permit decision that (a) the 153 acre site is an appropriate location for the project because it is topographically higher than the surrounding area, and contains extensive forested land within which the proposed flagpole -style facility will blend for an aesthetic and understated wireless communication installation, (b) the site was approved by Town Meeting and by the Town, s Invitation for Bids for the proposed use, (c) the use will not adversely affect the neighborhood, and will not result in any nuisance or hazard, (d) the facility'is necessary for each carrier to provide adequate service to the public, and (e) the project "is in harmony with the general purpose and intent of the Town of North Andover Zoning Bylaw and generally complies with the requirements of the Bylaw as listed in Sections 8.3, 8.9 and 10.3.-. The Planning Board also imposed numerous specific conditions in its special permit regarding (1) discontinuance or abandonment, (2) performance guarantees, (3) the term of the special permit, (4) pre -endorsement requirements, (5) pre -construction requirements, (6) pre -building permit requirements, (7) pre -occupancy requirements, (8) release of security requirements, and (9) a variety of additional conditions regarding the construction and operation of the facility. In addition, the Planning Board found that the application satisfied or was entitled to a waivers (in accordance with Section 8.9.3.c.v.3 and Section 8.9.5.d.ix) from the following criteria: (1) provision of RF coverage maps for other carriers, (2) compliance with siting fling requirements, (3) provision of a color board, (4) performance of a balloon or crane test, (5) compliance with hazardous material criteria, (6) compliance with watershed protection district criteria, (7) performance of a boundary survey, (8) designation of easements and legal conditions, (9) performance of storm water drainage calculations, (10) compliance with signage requirements, (11) provision of a landscape plan, (12) performance of a drainage basin study, (13) performance of a traffic study, (14) provision of an erosion control plan, and (15) provision of a best management practices plan. IV. VARIANCES RELIEF IS APPROPRIATE A. Variances Sought Having received the foregoing approvals, AWS and Sprint applied for variances from the following height and color requirements for the following reasons: $ The proposed installation of a 100' free standing pole plus the required FAA light and the lightning rod at the top of the pole exceeds both the "General" height limit!-' and the "Ground -Mounted Facilities" height limit'-' of Section 8.9.3.c of North Andover, s Wireless Services Facilities Zoning Bylaw. AWS and Sprint have requested variance relief from these provisions. There are no principal buildings within 300' of the proposed pole; the proposed pole will be situated on the side of the Stevens Estate hill, not on the top of the hill; the height (AMSL) of the tallest trees in the vicinity of the pole exceed the height (AMSL) of the pole; and the average tall tree canopy height in the vicinity of the pole is 81.0' feet. The top of the pole itself is at 100' AGL; the top of the required FAA warning light is at 102' AGL, and the top of the lightning rod is at 104' AGL. Therefore, since one can exceed the tree canopy by 2/ Section 8.9.3.c provides the following "general" height limit: Height, General. Regardless of the type of mount. wireless service facilities shall be no higher than ten feet above the average height of buildings within 300 feet of the proposed facility. In addition, the height of a wireless service facility shall not exceed by.more than 10 feet the height limitations of the zoning district in which the facility is proposed to be located, unless the facility is completely camouflaged such as within a flagpole, steeple, chimney, or similar structure. wireless service facilities may locate on a building that is legally non -conforming with respect to height, provided that the facilities do not project above the existing building height. 3/ Section 8.9.3.c provides the following "Ground -Mounted Facilities" height limit: Height, Ground -Mounted Facilities. Ground -mounted wireless service facilities shall not project higher than ten feet above the average building height or, if there are no buildings within 300 feet, these facilities shall not project higher than ten feet above the average tree canopy height, measured from ground level (AGL). If there are no buildings within 300 feet of the proposed site of the facility, all ground -mounted wireless service facilities shall be surrounded by dense tree growth to screen views of the facility in all directions. These trees may be existing on the subject property or planted on site. 7 10' as of right, a height variance of 9'. is necessary for the pole; an additional. 2' for the FAA light; and an additional 2' for the lightning rod, for a total height variance of 13' to the top of the lightning rod. Given the proximity of the Greater Lawrence Municipal Airport, the FAA has determined that the pole must be marked and lit to avoid becoming a hazard to air navigation. As a result, AWS and Sprint propose to paint the pole in accordance with the requirements of the FAA, which differ from the color requirement of Section 8.9.4.a.iii.211 of North Andover, s Wireless Services Facilities Zoning Bylaw. AWS and Sprint have requested variance relief from this provision. 2. The Board finds that there are the special conditions relating to the soil condition, shape or topography of the land or structures for which the variance is requested, which especially affect the land or structures but do not affect generally the zoning district in which it is located. The special conditions related to the Stevens Estate property, that do not generally affect the zoning district, are that (1) it is an extremely large, irregularly shaped property, (2) it is topographically higher than much of the surrounding area but on the side - not the top - of the hill, (3) it has an extensive tall tree canopy, (4) it contains a variety of significant historic structures, and (5) it is on the flight path to the Greater Lawrence Municipal Airport. These special conditions are pertinent to the height and color variances that are sought here. Section 8.9.4.a.iii.2 provides the.following "color" requirement: To the extent that any wireless service facilities extend above the height of the vegetation immediately surrounding it, they must be painted in a light gray or light blue hue which blends with sky and clouds. 3. The Board finds that the variances requested 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. The requested variances 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. The installation is in a location specifically approved by Town Meeting, the North Andover Board of Selectmen, the North Andover Wireless Subcommittee, the North Andover Planning Board as the Special Permit Granting Authority, and the Federal Aviation Administration. Pursuant to Sections 8.9 of North Andover, s Wireless Service Facilities Zoning Bylaw, as the Special Permit Granting Authority for wireless communication facilities, the Planning Board has expressly found that (a) the 153 acre site is an appropriate location for the project because it is topographically higher than the surrounding area, and contains extensive forested land within which the proposed flagpole -style facility will blend for an aesthetic and understated wireless communication installation, (b) the site was approved by Town Meeting and by the Town, s Invitation for Bids for the proposed use, (c) the use will not adversely affect the neighborhood, and will not result in any nuisance or hazard, (d) the facility is necessary for each carrier to provide adequate service to the public, and (e) the project "is in harmony with the general purpose and intent of the Town of North Andover Zoning Bylaw and generally complies with the requirements of the Bylaw as listed in Sections 8.3, 8.9 and 10.3." The Board concurs with these findings and further finds that the design and Iocation of the facilities (1) buffer the wireless communication devices to the surrounding neighborhood by the significant size of the Stevens Estate property, (2) screen the facilities from view as much as possible by the tall, dense, natural tree canopy, (3) utilize an existing utility corridor on the property for access to the proposed facilities, thereby minimizing required tree cutting, (4) present an environmentally secure facility, and (5) afford significant revenue to the Town. 4. The Board finds that there is substantial hardship, financial or otherwise, to the Applicants and the Town, which would result from a literal enforcement of the provisions of the Zoning Bylaw. The applicants and the Town as property owner would suffer substantial hardship if the provisions of the Zoning Bylaw were literally enforced to preclude the proposed use on the subject property- AWS roperty AWS and Sprint both require a location for their communications antennae in this area of North Andover. The Planning Board has specifically found that the "carriers have demonstrated that the facility is necessary for each to provide adequate service to the public....". The applicants have been attempting to secure a site to serve this area for an extensive period of time. AWS has been denied a facility at the Barker Farm, and litigation is pending. The Town has directed AWS and Sprint to the Stevens Estate property as a viable location for their needed facilities. The Town, s recent adoption of the 600' setback amendment to the Wireless Bylaw leaves the Stevens Estate property as one of the only potentially viable sites in this area of North Andover. Further, a literal enforcement of the height requirements would effectively eliminate collocation by the carriers on a single pole. Given the tree canopy and the elevation of the hill which slopes upward of the facility, the carriers RF engineers have presented evidence that neither carrier can accept an antenna height less than 90' on the pole. If the height variance is denied, the purposes of the Bylaw to promote collocation and minimize the number of new towers in Town will not be advanced. The carriers would be forced to seek separate permits to construct separate 90' poles which would increase the amount of land area cleared of trees at the site and which would result in two striped and lit poles on the Stevens Estate hill. As the SPGA for wireless communication facilities, the Planning Board has, in its special permit decision, specifically sought to avoid this result. The only way to do so is to allow the requested height variance. In view of the requirements of the federal Telecommunications Act, this Board considers it appropriate to apply the height limits of the Bylaw in a way that avoids both effective prohibition of service and unlawful discrimination between carriers. The Board recognizes that Town Meeting, the Planning Board, the Selectmen, and}the Wireless Subcommittee have determined that the proposed site is the most appropriate site to serve this area of North Andover. The remoteness of the facilities from surrounding residential uses furthers the purpose of Town Meeting in adopting the 600' setback requirement in the Bylaw. As for the color of the pole, the Board is aware that the First Circuit has recently held in Southwestern Bell Mobile Systems, Inc., d/b/a Cellular One, v. Todd, 244 F.3d 51, 62 (1st Cir.2001), that it is impermissible for the Board to regulate the facility based on matters reserved to or controlled by the FAA (emphasis added): Finally, we note that the Board also based its ... visual impact conclusion upon the fact that the tower would be painted in alternating red and white sections and would have a night beacon. The tower would only have these features because the FAA requires them. Though the Leicester Wireless Bylaw prohibits bright coloration and night lighting, it allows deviations from that prohibition when required by the FAA. To the extent that the Board's objection was based upon the failure to paint the tower a neutral color, the Board improperly relied upon this evidence to justify its decision. Because . we conclude that there was substantial evidence to support the denial without the inclusion of this factor, it does not affect the outcome of this case. Federal law has effectively preempted the color of the pole, and accordingly a variance is appropriate to conform the Bylaw, s color requirements to the mandate of federal law. 10 Finally, the Board finds that the Town as owner would suffer substantial hardship by being deprived of the revenue associated with the proposed use. Since this revenue can assist the Town in continuing to maintain the historic structures on the property or for other important public purposes, the Town will benefit from the proposed facility by helping to maintain the historic character of the site. VI. CONCLUSION For the previous reasons, the Board unanimously voted to grant AWS and Sprint the variances. Decision2002-001 att\nandstevens\m\variance-decision wpd 11 Town of North Andover Office of the Zoning Board of Appeals Community Development and Services Division Heidi Griffin, Division Director 27 Charles Street North Andover, Massachusetts 01845 D. Robert Nicetta Building Commissioner Legal Notice North Andover, Board of Appeals ,10RTN Of 1�`'O '•�1'O 10- A SSA[:HUS� Telephone (978) 688-9541 Fax(978)688-9542 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 15th of January, 2002, at 7:30 PM to all parties interested in the appeal of AT&T Wireless PCS LLC by and through its Manager AT&T Wireless Services, Inc.d/b/a AT&T Wireless and Sprint Spectrum L.P. d/b/a Sprint PCS for premises affected at the Stevens Estate, 723 Osgood Street North Andover, MA requesting a dimensional Variance from Section 8.9, Paragraph 8.9.3c.i and 8.9.3.c.ii for relief of height requirements in order to construct one or two internal antenna monopoles.; and requesting relief of color requirements from Section 8.9, Paragraph 8.9.4.a.iii in order to comply with FAA Advisory Circular 70/7460-1 K. Said premises affected is property with frontage on the east side of Osgood Street within the R-1 and R-2 zoning districts. Plans are available for review at the office of the Building Department 27 Charles Street, North Andover, MA; Monday through Thursday from the hours of 9:00 AM to 2:00 PM. By order of the Board of Appeals William J. Sullivan, Chairman Published in the Eagle Tribune on December 31, 2001 & Janu!yy 8, 2002. _ _ ��{{ V N> N �" O.raDNLNH fl2.L~f� p �� dONNcN -000 �"" `V"0 py> Eo Lo u) y9 cn m-E1rotuE� E °'circ a,.5�or- `� a= o �U>w>Q� ¢T�a� o-ro-•C� Zaw)0ra ro°a�2- C) y(Uu,ro n°�Z000 , L a N - C N d _ O C M'5 U ro a).= N O O ro 2.� m to Q �Oa oL. cr - yF �a•� a�. Qro ro� v2 tro ro o ¢ m.- E. Tg y 'Uri OZQroo�a�io>, ro'c��F ayN °�oroa�a�y vmmdo ro o vi> m.-ro¢ ZZQLLL �UZ�N'y¢ro�oo`>m oroC.- �L-2F-S C�: Lo0 o m aS �QSONoaL. moLD0�¢c�oaa)i m�rom�L°'o` 0cc<YE—N�NWtrom�� `m E" Legalnotice2002-001 m ° °' - ro ° °' N ° ° v 3 0 Cry F G .�, ro ._ 3 N ro N 0 .. (U U :.. •- L 'O 'O ° Q Wim¢ v d -o �E' >:nQJ m� ya E c o a`n'y c. -L^' c 0..- 0:=Q� aTy.3 O,N is C N �t o roao W JZo00Z. rCU ico'cCOas F= a- OMa�oo°ca E�L�tnaroaroio�T=`m-003t m Oi L-t-.ro¢roOL(.iroa)'- Nc Ea�o— O._00, ._0 Oa)L 0a'>7L c'2002 f -C 3 ���. a�tn3. �u�0¢ otn ao L' E 3 E �wtp 3t� a�i JUL. o. zvVi 11A'6AIV MA�I'j�. IX CAL COMM. NO. 8233 K 2 � [I "Y 10 UL 0 8 2002L�j ?D OF APPEALS i ne %ommolaweaita of iviassacnusetts William Francis Galvin, Secretary of the Commonwealth T- Massachusetts Historical Commission 10armary J 1, l.VVG SenT (+..teph_.L •_J...__ L. P111LLGr�UII L lG DUllul#;dl OUl1Uln� y� 1110I1lumc Qu VOL �.3111UI111�G, 1V1t1 VL 1 Y 1 n r. n— - _ _ . J m _ t . _ _ . .�: rrvposcu r efec:umrnunications installation, Sprint and AT&T, Stevens Estate, 723 VigoQd Street, 1VOrth Andover, 1vrA; NUM -4 26532 f1__._.. .0 A . h /--� rl eservnuoh ne&lrlcilon R view (M.G.L. Chapter 184, Sec. 31-33) Bear, lAr. Anderson: Marl of !he I'Aassachuscas Historical Commission have reviewed the information you submitted, rrC ived at this olilce on January 18, 2002, concerning the proposed project referenced above, As you are aware, the Stevens Estate is listed in the State and Nationai Registers of Historic Places. As you are also aware, MHC hoids a preservation restriction on the Stevens Estate. After at review of the information submitted, MHC staff have the following comments. The Town of worth Andover entered into a perpetuai preservation restriction agreement with the ZVIHC as the result of grant funding (ivi.G.L. Ch. 184, ss. 3 i-33). The active preservation restriction agreement entities the NMC review and approval authority prior to the implementation of any major aiteration to the Stevens Estate and its setting and also assures the ivttlC that the Stevens Estate will be adequately maintained. MHC staff have revicwed the photographic simulations and photographs of the crane test. The crane test and photo simulations indicate that the monopole's siting is such that it will not adversely impact the character and setting of the Stevens Estate. 'The pole will be minimally visibie from certain vantage points on the site, but none of these vantage points involve significant viewsheds, The existing tree coverage also provides a sufficient visual buffer for the monopole. The appearance of the monopole is also greatly minimized by the fact that the antennae will be internally mounted (rather than affixed as an external array). After a review of materials submitted, i have determined that the proposed project will have "no adverse effect" (36 CFR 800.5(b)) on the Stevens Estate, The MHC approves the installation of the monopoie pursuant to the terms of the preservation restriction (M.U.L. Chapter 184, See. 31- 33). These comments are offered to assist in compliance with Section 106 of the National Historic Preservation Act of 1966, as amended (36 CFR 800) and M.U.L. Chapter 9, Section 26-27C, as amended by Chapter 254 of the Acts of 1988 (950 CMR 71.00), and the terms of the Preservation 220 Morrissey Boulevard, Boston, Massachusetrs 02125 (617) 727-8470 - Fax: (617) 727-5128 www.stice.ma.us/sec/mhc �I BC JUL. 8.2002 11:48AM MASS. ISWR1CAL COMM. NO. 8233 P. 3 Restriction on the property. Please do not hesitate to contact Ann Lattiavii!e or Eri,^, Tvvir, 3i tris office if you have any questions. Sincerely, (� e'1 dlt� J V+'►'�J� Hrona Simon Deputy State Historic Preservation Officer Massachusetts Historical Commission xc; Kim Kingston, VH!3 North Andover Historical Commission North Andover Historic District Commissio-n 11 JUL. 8. 2002 11:48AM MASS. HISTORICAL COMM, NO. 5233 P. 1 ,a. WON WWI i h,e Co- m^nvg ealth of Massachusetts nr ....e. t.�i«.. C.+-r.-tmr y of the Commonwealth W W1aui riaaa..w vo.•..y -- —'. ,'•:aSSwC::'im-tre gicrntic2l CAmmISSiOn Garr Tfansinittel Memof8AdUM ■ MA a waa� To: I i6 /` �Yf . �/'Lt r�'1/�.. FRX': f r 0 V 6 a f. 'T A+.r From. % ! % 4►� rli v A.. / o -r 7� 7r4p �' A- Pages. including covevsh= � g Ke: x7rNl�-a L - - Comments: if this Communication has been received in error, please noEiiy us I=.—•.ad;a:�!Y• 220 Morrissey Boulevard, aoscon, Massachusetts U2i25 Tel: (Cil 7) 727.8470 • rax: (617) 727-5128 a Wcbsite: www.state.ma.us 6WA—tui. w� JULD0 a 2002 BOARD OF APPEALS ANDERSON &KREIGER LLP Attorneys at Law STEPHEN D. ANDERSON Also admitted in CT ARTHUR P. KREIGER Also admitted in NY GEORGE A. HALL, JR. Zoning Board of Appeals Office of Community Development 27 Charles Street North Andover, MA 01845 The Bulfinch Building 47 Thorndike Street Cambridge, MA 02141 (617) 252-6575 Fax: (617) 252-6899 February 26, 2002 ACHESON H. CALLAGHAN Of Counsel DOUGLAS H. WILKINS Of Counsel PETERJ.CURA JEFFREY L.I ROELOFS DAWN STOLFI STALENHOEF APPLICANTS: (1) AT&T Wireless PCS LLC by and through its Manager AT&T Wireless Services, Inc. d/b/a AT&T Wireless and (2) Sprint Spectrum L.P. d/b/a Sprint PCS OWNER: Town of North Andover SITE: Stevens Estate, 723 Osgood Street, North Andover MAP/LOT: Map 35, Lot 23 Dear Members of the Board: . Enclosed is a copy of the Notice of Decision for the above -captioned matter. The Decision was recorded at the Essex North Registry of Deeds on February 21, 2002, Instrument No. 8132. Enclosure cc: Taylor Whiteside, Esq. Joseph Osche Scott Lacy, Esq. Christine Morrisey Heather Stratton att\n.andstevens\I\zba3.wpd Sincerely, j4_L"t'_ - St hen D. Anderson sanderson@andersonkreiger.com CJ Printed on recycled paper I1� FEB 2 7 2002 BOARD OF APPEALS HP OfficeJet Personal Printer/Fax/Copier Last Fax Identification Result Pages -Type- 816172526899 OK 12 Sent 1.2.0 2.8 Fax Log Report Feb -06-02 05:23 PM Date Time Duration Diagnostic Feb -06 05:17P 00:05:.11 002582030022 Town of North Andover °t N°R*M , Office of the Zoning Board of Appeals o? •`' °; ,Community Development and Services Division Heidi Griffin, Division Director 27 Charles Street S^CHUSE North Andover, Massachusetts 978 � p ( 01845 Telephone D. Robert Nicetta ) 688-9541 Building Commissioner Fax 978 688-9542 FAX TRANSMISSION TO: 5 � '� ,0 /1 .e /-') 0, A�j FAX NUMBER: < 1 � a t I a 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: NUMBER OF PAGES: REMARKS: S BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535 Federal Aviation Administration T. NEW ENGLAND REGION, ANE -520 12 NEW ENGLAND EXECUTIVE PARK00d i BURLINGTON, MA 01803 ISSUED DATE: 03/01/02 sf VALERIE MOORE, CROSSROADS CORP CTR SPRINT SPECTRUM, L.P. 1 INTERNATIONAL BLVD, SUITE 800 YWAH, NJ 07495 s AERONAUTICAL, STU7i y No: 01-ADTE-0876-OE PRIOR STUDY No: 01 -ANE -0579 -OE ** DETERMINATION OF N 0 HAZARD TO AIR iVAVIGATION The Federal Aviation Administration has completed an aeronautical under the provisions of 49 U.S.C. stud Title 14 of the Code of Fe Section- and, if applicable, y Federal Regulations, part 77, concerning: Descri t? r ANTENNA TOWER 1870-1885, 1950-1965 MHz W/ 1640 W ERP Location: N. ANDOVER KA Latitude: 42-42-28.30 NAD 83 Longitude: 071-06-51.44 Heights: 128 feet above ground 380 feet above mean eaelevel (AGL) (AMSC) This aeronautical study revealed that the structure would have no substantial adverse effect on the safe and efficient utilization of the navigable airspace by aircraft or on the operation of air navigation facilities.Therefore, hereby determinedthattherstrut to the authority delegated to me, it is navigation provided the foilowingu�ondition(uld sj befaanYzdrd, is to (are) and/or o condition to this determination the structure should be marked andtru lighted in accordance with FA-A�Advisory Circular 70/7460-1K Change 1 Obstruction Marking and Lighting, Chapters 3(Marked); 4, S(Red) & 12. -It is required that the enclosed F Construction ec Alteration, be completed andorm 4returnedttioce of this an time the project is abandoned or: y AA/ ✓ At least 10 days prior to start of const (7460-2, Part I) ruction - 11/within Within S days after neat its construction reaches (7460-2, Part II) greatest height -See attachment for additional condition(s) or information. This determination expires on 10/10/03 unless: (a) extended, revised or terminated by the issuing office or (b) the construction is subject to the lice the Federal Communications Commission (FCC)gandtanrapplication for a construction permit has been filed, as required by the FCC, within 6 months of the date of this determination. the determination e In such case expires on the date prescribed by the ,FCC for completion of construction or on the date the FCC denies the application. NOTE.: REQUEST FOR EXTENSION OF THE EFFECTIVE PERIOD OF THIS DETERMINATION MUST .BE POSTMARKED OR DELIVERED TO THIS OFFICE AT LEAST 15 DAYS PRIOR TO D L� l� ON DATE. MAR 12 2002 0 BOARD OF APPEALS . -As a result of this structure bting-!critical to flight safety, it is required that the FAA be kept apprised as to the status of this project. Failure to respond to periodic FAA inquiries could invalidate a this determination. This determination is subject to review if an interested party files a petition on or before 03/31/02. In the event a petition for review is filed, it must contain a full statement of the basis upon which it is made and be submitted in triplicate to the Manager, AIRSPACE & RULES DIVISION, ATA -400 Federal Aviation Administration, Washington, D.C. 20591. This determination becomes final on 04/10/02 unless a petition is timely filed. In which case, this determination will not become final pending disposition of the petition. Interested parties will be notified of the grant of any review. This determination is based, in part, on the foregoing description which includes specific coordinates, heights, freauency(ies) and power. Any changes in coordinates, -heights, frequency(ies) or use of greater power will void this determination. Any future construction or alteration, including increase in heights, power, or the addition of other transmitters, requires separate notice to the FAA. This determination does include temporary construction equipment such as cranes, derricks, etc., which may be used during actual construction of the structure. However, this equipment shall not exceed the overall heights as indicated above. Equipment which has a height greater than the studied structure requires separate notice to the FAA. This determination concerns the effect of this structure on the safe and efficient use of navigable airspace by aircraft and does not relieve the sponsor of compliance responsibilities relating to any law, ordinance, or regulation of any Federal, State, or local government body. This aeronautical study considered and analyzed the impact on existing and proposed arrival, departure, and en route procedures for aircraft operating under both visual flight rules and instrument flight rules; the impact on all existing and planned public -use airports, military airports and aeronautical facilities; and the cumulative impact resulting from the studied structure when combined with the impact of other existing or proposed structures. The study disclosed that the described structure would have no substantial adverse effect to air navigation. An account of the study findings, aeronautical objections received by the FAA during the study (if any), and the basis for the FAA's decision in this matter can be found on the following page(s). A copy of this determination will be forwarded to the Federal Communications Commission if the structure is.subject to their licensing authority. If we can be of further assistance, please contact our office at 781-238-7520. On any future correspondence concerning this matter, please refer to Aeronautical Study Number 01 -ANE -0876 -OE. Patric arra one I" Manager, AIRSPACE BRANCH 7460-2 Attached Attachment (DNH ) V0 } / y Aeronautical Study Number 01 -ANE -0876 -OE LOCATION: The proposed antenna tower will be located approximately 0.69 nautical miles (NM) southeast of the airport reference point of the Lawrence Airport (LWM) in Lawrence, Massachusetts. DESCRIPTION OF PROPOSAL: The proposed project is An antenna tower to house cellular frequency antennas. OBSTRUCTION STANDARDS EXCEEDED: The aeronautical study indicates that the structure exceeds the Obstruction Standards of Federal Aviation Regulations (FAR) Part 77 as follows: Section 77.25(a) by 82 feet, structures that exceed the horizontal surface. A horizontal plane 150 feet above the established airport elevation, the perimeter of which is constructed by swinging arcs of specified radii from the center of each end of the primary surface of the runway, as applied to LWM. The arcs are then connected by tangents. PUBLIC NOTICE COMMENTS: The aeronautical study was mailed out as a public notice on November 8, 2 00 1, with a closing date of December 15, 2001. One letter containing aeronautical comments was received during the public notice period. The following is a summary of concerns received: Lawrence airport is a major training facility and there is a lot of jet traffic traversing in and out of the airport. DISPOSITION OF COMMENTS: The antenna tower will not have any substantial impact on any Visual Flight Rules (VFR) nor Instrument Flight Rules (IFR) aircraft traversing in, out, or through the airport traffic area provided it is properly marked and lighted SUMMARY OF EFFECTS: The aeronautical study found that the proposed antenna tower would not have a significant adverse effect on air traffic operations inbound to, outbound from, or enroute through LWM under VFR conditions. J Aeronautical Study Number 01 -ANE -0876 -OE The aeronautical study found that the proposed antenna tower would not have a significant adverse effect on air traffic operations inbound to, outbound from, or enroute through LWM under IFR conditions. The aeronautical study found that the antenna tower would not have a significant adverse effect on any LWM existing or planned runway length. The aeronautical study found that the antenna tower would not have a significant adverse effect or derogation to LWM airport efficiency. The aeronautical study found that the antenna tower would not have a significant adverse effect on planned IFR and VFR LWM airport operations indicated by plans on file. The aeronautical study found that the antenna tower would be located within the LWM airport traffic pattern but would not have a significant adverse effect on traffic. Therefore, a Determination of No Hazard to Air Navigation is issued. This Determination of No Hazard is granted provided the following condition is adhered to: Section 77.35, the proposed construction or alteration would derogate the reliability of an aeronautical air navigation facility. Harmful interference to Lawrence, MA RTR may exist if the proponents equipment meets only the minimum FCC requirements. We request a minimum spurious emissions tolerance of 92.0 dB from the proponents equipment within the 118-138 MHz frequency band. This determination is valid for frequencies 1870.0-1885.0 and 1950.0-1965.0 MHz at 1,640 Watts ERP each. Any changes in frequency or use of greater power will void this determination. A 7460-2, Notice of Actual Construction or Alteration is enclosed. Please fill out the form with the coordinates and submit for proper charting. This determination concerns the effect of the proposal on the safe and efficient use of the navigable airspace by aircraft and does not relieve the sponsor of compliance relating to laws, ordinances, or regulations required by other governmental bodies. Please refer to Aeronautical Study Number 01 -ANE- 0876 -OE in any correspondence. ANDERSON &KREIGER LLP Attorneys at Lazo The Bulfinch Building 47 Thorndike Strcet Cambridge, MA 02141 BY HAND Zoning Board of Appeals Office of Community Development 27 Charles Street North Andover, MA 01845 Q. P --d — —ydl d Neper ANDERSON &KREIGER LLP Attorneys at Law STEPHEN D. ANDERSON The Bulfinch Building Also admitted in cr 47 Thorndike Street Cambridge, MA 02141 ARTHUR P. KREIGER (617) 252-6575 Also admitted in NY Fax: (617) 252-6899 GEORGE A. HALL, JR. January 18, 2002 BY HAND Zoning Board of Appeals Office of Community Development 27 Charles Street North Andover, MA 01845 ACHESON H. CALLAGHAN Of Counsel DOUGLAS H. WILKINS Of Counsel PETER J. LURA JEFFREY L. ROELOFS DAWN STOLFI STALENHOEF APPLICANTS: (1) AT&T Wireless PCS LLC by and through its Manager AT&T Wireless Services, Inc. d/b/a AT&T Wireless and (2) Sprint Spectrum L.P. d/b/a Sprint PCS OWNER: Town of North Andover SITE: Stevens Estate, 723 Osgood Street, North Andover MAP/LOT: Map 35, Lot 23 Dear Members of the Board: As we discussed at the conclusion of the public hearing on January 15, 2002, enclosed is a draft variance decision along with a disk containing the draft in Word and Word Perfect formats. Enclosures cc: Taylor Whiteside, Esq. (By email w/ encl.) Joseph Osche (By email w/ encl.) Scott Lacy, Esq. (By email w/ encl.) Christine Morrisey (By email w/ encl.) att\n. an dsteven s\1\zba2.wpd Sincerely, Step en D. Anderson sanderson@andersonkreiger.com ii Printed on recycled paper pTC EC W D JAN R 2002 BOARD OF APPEALS TOWN OF NORTH ANDOVER BOARD OF APPEALS DECISION WIRELESS SERVICE FACILITIES Carriers: (1) AT&T Wireless PCS LLC by and through its Manager AT&T Wireless Services, Inc. d/b/a AT&T Wireless, and; (2) Sprint Spectrum L.P. d/b/a Sprint PCS. Property Owner: Town of North Andover Deed Reference: Book 4197, Page 63 Site: Stevens Estate, 723 Osgood Street, North Andover Map/Lot: Map 35, Lot 23 Relief Granted: L 8.9.3.c.i and 8.9.3.c.ii (restricting height to 10' above the average building height within 300' or, if no such buildings, 10' above average tree canopy height); and 2. , 8.9.4.a.iii.2 (restricting color above vegetation to light grey or blue) DATE: January 18, 2002 Pursuant to public notice in the Lawrence Eagle Tribune, a newspaper of general circulation in the Town of North Andover, published on December 31, 2001, and January 8, 2002, and pursuant to notice sent by mail, postage prepaid, to all interested parties pursuant to the provisions of Massachusetts General Laws, a public hearing was held on January 15, 2002, in the North Andover Senior Center on the petition AT&T Wireless Services PCS LLC, by and through J its manager AT&T Wireless Services, Inc., d/b/a AT&T Wireless (AAWS@) and Sprint Spectrum L.P. d/b/a Sprint PCS R� Spring) for any necessary zoning variances with respect to height and color to permit their respective 1stallation and operation of proposed wireless communication facilities at the Town -owned Stevens Estate, 723 Osgood Street, North Andover. The premises affected are located at 723 Osgood Street, North Andover MA in a Residence 1 Zoning District and is shown on Assessorf& Map 35, as Lot 23. Attorney Stephen D. Anderson represented AT&T Wireless and Attorney Scott Lacy represented Sprint at the public hearing. No member of the public spoke in favor of or in opposition to the petition. I. THE PROPOSED FACILITIES The Town of North Andover owns the historic Stevens Estate property. The lease of land within Stevens Estate for the proposed wireless communication facilities has been expressly approved by a Special Town Meeting in December 2000; AWS and Sprint have each been Board of Appeals Decision January 18, 2002 Page 2 ,/awarded a lease by the Town pursuant to its Invitation for Bids ((AIFB@); and the Planning Board has issued a Special Permit with Site Plan Approval for the proposed Wireless Services Facilities. Consistent with the results of the IFB and Planning Board processes, AWS and Sprint have proposed to install and operate their wireless communication facilities at the Stevens Estate site on a 100' two -carrier monopole with internal antennas." The Federal Aviation /Administration (AFAA@) has determined that the 100' pole must be marked and lighted to prevent a hazard to navigation given the proximity of the Greater Lawrence Municipal Airport. The carriers are also pursuing approval of the 100' two -carrier option by the Massachusetts Historical ✓Commission (AMHC .; V The internal antennas and cables will be � n, amouflaged@ inside the poles within the meaning of N 8.9.2.d, 8.9.3.b.ii, 8.9.3.c.i 8.9.4.a.and 8.9.4.d.ii of the North Andover Zoning Bylaw. The proposed pole will be located in a densely wooded area northwest of the main Stevens Estate building and adjacent to an existing electric and telephone utility corridor serving the Estate. The proposed 100' pole will be capable of accommodating both carriers. The combined two -carrier facility involves a 40'x 30' fenced equipment compound at the base of the pole. This area will be surrounded by an 8' stockade fence. Within the fenced compound will be a two -carrier, L-shaped equipment shelter with clapboard siding and a pitched roof. Each carrier will have a separate 12'x 20' equipment area within the shelter. Coaxial cables will be run inside the pole and across an ice bridge/cable tray to connect the antennas to the equipment within the equipment shelter. Each facility will be served by associated power/telephone connections. Additional details of the proposed wireless services facility are set forth in the plans and documents identified below. U. DOCUMENTS SUBMITTED IN SUPPORT OF APPLICATIONS AWS and Sprint submitted the following materials in support of their applications: 1 / The top of the pole is at 100' AGL. The top of the required FAA light is at 102' AGL. The top of the required lightning rod is at 104' AGL. The Planning Board=FI Special Permit takes into account the two necessary additions at the top of the pole. Board of Appeals Decision January 18, 2002 Page 3 f 1. BuildingCo sion r mmis e s determination that a height variance is needed; �J 2. AWS completed Board of Appeals Application For Relief From The Zoning g Ordinance; J3.,/ Sprin �s completed Board of Appeals Application For Relief From The Zoning Ordinance; 4. Certified Abutters List; 5. One set of addressed, stamped envelopes for all abutters identified on the Certified Abutters List; 6. Assessor s Map numbered 35; 7. Zoning Map; 8. The following Plans for the proposed facility prepared by Greenman -Pedersen, Inc., on paper dated November 21, 2001, and on mylar dated January 15, 2002: SHEET DESCRIPTION Z-01 Title Sheet Z-02 Property Plan - One Compound Z-03 Site Plan - One Compound Z-04 Elevation - One Compound /19. AWS=SRF report, with coverage charts, demonstrating (1) the need for the facility, (2) they coverage it will provide, (3) Atliat there are no feasible preexistent v/ structures upon which to locate@ under ' 8.9.3.b.9, and (4) the other existing AWS facilities in North Andover and outside North Andover within one mile of its boundary; 10. Sprintus RF report, with coverage charts, demonstrating (1) the need for the J facility, (2) the coverage it will provide, (3) Athat there are no feasible preexistent `%structures upon which to locate@ under ' 8.913.b.9, and (4) the other existing Board of Appeals Decision January 18, 2002 Page 4 AWS facilities in North Andover and outside North Andover within one mile of its boundary; J11. Notarized Owner�s Consent to Municipal Development application; Q 12. Two View Shed Analyses prepared by Greenman -Pedersen, Inc., one dated December 4, 2000, and the other dated December 19, 2001, based on crane tests conducted for AWS -IFB Response and for the carriers � jvariance applications; 13. AWS f L 'I Report to the Massachusetts Department of Public Health certifying that the maximum allowable frequencies, power levels and standards will not be exceeded for the facility; / iv 14. The Massachusetts Department of Public Health approval of AWS= proposed facility; G 15. Sprin4s Report to the Massachusetts Department of Public Health certifying that U. the maximum allowable frequencies, power levels and standards will not be exceeded for the facility; X16. AW4U Notices to the Federal Aviation Administration of the proposed construction; and 17. FAA Determination Regarding the proposed 100', two -carrier flagpole -style monopole; 18. FAA Determination Regarding a 90', one -carrier flagpole -style monopole; 1�9. FAA Advisory Circular 70/7460 -IK (the 1 1 K Circula `@) referred to in these determinations; V u 20. Noise Analysis prepared by Alactronics; and 21. The Planning Board Special Permit. UI. THE PLANNING BOARD SPECIAL PERMIT Pursuant to Sections il 8.9 of North Andoverrs Wireless Service Facilities Zoning Bylaw, the Planning Board specifically found in its special permit decision that (a) the 153 acre site is an appropriate location for the project because it is topographically higher than the surrounding area, and contains extensive forested land within which the proposed flagpole -style facility will blend Board of Appeals Decision January 18, 2002 Page 5 Jfor an aesthetic and understated wireless communication installation, (b) the site was approved by Town Meeting and by the Town=s Ivitation for Bids for the proposed use, (c) the use will not adversely affect the neighborhood, and will not result in any nuisance or hazard, (d) the facility is ✓necessary for each carrier to provide adequate service to the public, and (e) the project�Ais in harmony with the general purpose and intent of the Town of North Andover Zoning Bylaw and generally complies with the requirements of the Bylaw as listed in Sections 8.3, 8.9 and 10.3.1 The Planning Board also imposed numerous specific conditions in its special permit regarding (1) discontinuance or abandonment, (2) performance guarantees, (3) the term of the special permit, (4) pre -endorsement requirements, (5) pre -construction requirements, (6) pre - building permit requirements, (7) pre -occupancy requirements, (8) release of security requirements, and (9) a variety of additional conditions regarding the construction and operation of the facility. In addition, the Planning Board found that the application satisfied or was entitled to a waivers (in accordance with Section 8.9.3.c.v.3 and Section 8.9.5.d.ix) from the following criteria: (1) provision of RF coverage maps for other carriers, (2) compliance with siting filing requirements, (3) provision of a color board, (4) performance of a balloon or crane test, (5) compliance with hazardous material criteria, (6) compliance with watershed protection district criteria, (7) performance of a boundary survey, (8) designation of easements and legal conditions, (9) performance of storm water drainage calculations, (10) compliance with signage requirements, (11) provision of a landscape plan, (12) performance of a drainage basin study, (13) performance of a traffic study, (14) provision of an erosion control plan, and (15) provision of a best management practices plan. IV. VARIANCES RELIEF IS APPROPRIATE A. Variances Sought Having received the foregoing approvals, AWS and Sprint applied for variances from the following height and color requirements for the following reasons: $ The proposed installation of a 100' free standing pole plus the required FAA light v and the lightning rod at the top of the pole exceeds both the AGeneral@1 height limit'-' and the AGround-Mounted Facilities@height limit'] of Section 8f9.3.c of 2/ Section 8.93.c provides the following AGeneral@ height limit: U 11 Height, General. Regardless of the type of mount wireless service facilities shall be no higher than ten feet above the average height of buildings within 300 feet of the proposed facility. In addition, the height of a wireless service facility shall not exceed by more than 10 feet the height limitations of the zoning district in which the facility is proposed to be located, unless the facility is completely camouflaged such as within a flagpole, steeple, chimney, or similar structure. Wireless service facilities may locate on a building that is legally non -conforming with respect to height, provided that the facilities do Board of Appeals Decision January 18, 2002 Page 8 d will not result in any nuisance or hazard, (d) the facility is necessary for each carrier to ✓provide adequate service to the public, and (e) the project %s in harmony with the general � urpose and intent of the Town of North Andover Zoning Bylaw and generally complies with the requirements of the Bylaw as listed in Sections 8.3, 8.9 and 10.3. @ The Board concurs with these findings and further finds that the design and location of the facilities (1) buffer the wireless communication devices to the surrounding neighborhood by the significant size of the Stevens Estate property, (2) screen the facilities from view as much as possible by the tall, dense, natural tree canopy, (3) utilize an existing utility corridor on the property for access to the proposed facilities, thereby minimizing required tree cutting, (4) present an environmentally secure facility, and (5) afford significant revenue to the Town. 4. The Board finds that there is substantial hardship, financial or otherwise, to the Applicants and the Town which would result from a literal enforcement of the provisions of the Zoning Bylaw. The applicants and the Town as property owner would suffer substantial hardship if the provisions of the Zoning Bylaw were literally enforced to preclude the proposed use on the subject property. AWS and Sprint both require a location for their communications antennae in this area of ✓North Andover. The Planning Board has specifically found that the(Acarriers have demonstrated Jthat the facility is necessary for each to provide adequate service to the public .... @�The applicants have been attempting to secure a site to serve this area for an extensive period of time. AWS has been denied a facility at the Barker Farm, and litigation is pending. The Town has directed AWS d Sprint to the Stevens Estate property as a viable location for their needed facilities. The and recent adoption of the 600' setback amendment to the Wireless Bylaw leaves the Stevens Estate property as one of the only potentially viable sites in this area of North Andover. Further, a literal enforcement of the height requirements would effectively eliminate collocation by the carriers on a single pole. Given the tree canopy and the elevation of the hill which slopes upward of the facility, the carriers RF engineers have presented evidence that neither carrier can accept an antenna height less than 90' on the pole. If the height variance is denied, the purposes of the Bylaw to promote collocation and minimize the number of new towers in Town will not be advanced. The carriers would be forced to seek separate permits to construct separate 90' poles which would increase the amount of land area cleared of trees at the site and which would result in two striped and lit poles on the Stevens Estate hill. As the SPGA for wireless communication facilities, the Planning Board has, in its special permit decision, specifically sought to avoid this result. The only way to do so is to allow the requested height variance. In view of the requirements of the federal Telecommunications Act, this Board considers it appropriate to Board of Appeals Decision January 18, 2002 Page 7 ./ Section 8.9.4.a.iii.211 of North Andover�-s Wireless Services Facilities Zoning Bylaw. AWS and Sprint have requested variance relief from this provision. 2. The Board finds that there are the special conditions relating to the soil condition, shape or topography of the land or structures for which the variance is requested, which especially affect the land or structures but do not affect generally the zoning district in which it is located. The special conditions related to the Stevens Estate property, that do not generally affect the zoning district, are that (1) it is an extremely large, irregularly shaped property, (2) it is topographically higher than much of the surrounding area but on the side - not the top - of the hill, (3) it has an extensive tall tree canopy, (4) it contains a variety of significant historic structures, and (5) it is on the flight path to the Greater Lawrence Municipal Airport. These special conditions are pertinent to the height and color variances which are sought here. 3. The Board finds that the variances requested 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. The requested variances 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. The installation is in a location specifically approved by Town Meeting, the North Andover Board of Selectmen, the North Andover Wireless Subcommittee, the North Andover Planning Board as the Special Permit Granting Authority, and the Federal Aviation Administration. ./ Pursuant to Sections 8.9 of North Andover/s" Wireless Service Facilities Zoning Bylaw, as the Special Permit Granting Authority for wireless communication facilities, the Planning Board has expressly found that (a) the 153 acre site is an appropriate location for the project because it is topographically higher than the surrounding area, and contains extensive forested land within which the proposed flagpole -style facility will blend for an aesthetic and understated wireless communication installation, (b) the site was approved by Town Meeting and by the Town-qs Invitation for Bids for the proposed use, (c) the use will not adversely affect the neighborhood, J4/ Section 8.9.4.a iii2 provides the following Acolorrequirement: To the extent that any wireless service facilities extend above the height of the vegetation immediately surrounding it, they must be painted in a light gray or light blue hue which blends with sky and clouds. Board of Appeals Decision January 18, 2002 Page 6 North Andover,4s Wireless Services Facilities Zoning Bylaw. AWS and Sprint have requested variance relief from these provisions. There are no principal -� buildings within 300' of the proposed pole(s); the proposed pole(�4,will be situated on the side of the Stevens Estate hill, not on the top of the hill; the height (AMSL) hof the tallest trees in the vicinity of the pole(§) exceed the height (AMSL) of the Jpole(s); and the average tall tree canopy height in the vicinity of the pole' is 81.0' feet. The top of the pole itself is at 100' AGL; the top of the required FAA warning light is at 102' AGL, and the top of the lightning rod is at 104' AGL. Therefore, since one can exceed the tree canopy by 10' as of right, a height variance of 9' is necessary for the pole; an additional 2' for the FAA light; and an additional 2' for the lightning rod, for a total height variance of 13' to the top of the lightning rod.. $1 Given the proximity of the Greater Lawrence Municipal Airport, the FAA has determined that the pole must be marked and lit to avoid becoming a hazard to air navigation. As a result, AWS and Sprint propose to paint the pole in accordance with the requirements of the FAA, which differ from the color requirement of not project above the existing building height. h V 3/ Section 8.9.3.c provides the following,-AGround-Mounted FacilitiA height limit: Height, Ground -Mounted Facilities. Ground -mounted wireless service facilities shall not project higher than ten feet above the average building height or, if there are no buildings within 300 feet, these facilities shall not project higher than ten feet above the average tree canopy height, measured from ground level (AGL). If there are no buildings within 300 feet of the proposed site of the facility, all ground -mounted wireless service facilities shall be surrounded by dense tree growth to screen views of the facility in all directions. These trees may be existing on the subject property or planted on site. Board of Appeals Decision January 18, 2002 Page 9 apply the height limits of the Bylaw in a way that avoids both effective prohibition of service and unlawful discrimination between carriers. The Board recognizes that Town Meeting, the Planning Board, the Selectmen, and the Wireless Subcommittee have determined that the proposed site is the most appropriate site to serve this area of North Andover. The remoteness of the facilities from surrounding residential uses furthers the purpose of Town Meeting in adopting the 600' setback requirement in the Bylaw., As for the color of the pole, the Board is aware that the First Circuit has recently held in Southwestern Bell Mobile Systems, Inc., d1b/a Cellular One, v. Todd, 244 F.3d 51, 62 (1st Cir.2001), that it is impermissible for the Board to regulate the facility based on matters reserved to or controlled by the FAA (emphasis added): Finally, we note that the Board also based its ... visual impact conclusion upon the fact that the tower would be painted in alternating red and white sections and would have a night beacon. The tower would only have these features because the FAA requires them. Though the Leicester Wireless Bylaw prohibits bright coloration and night lighting, it allows deviations from that prohibition when required by the FAA. To the extent that the Board's objection was based upon the failure to paint the tower a neutral color, the Board improperly relied upon this evidence to justify its decision. Because we conclude that there was substantial evidence to support the denial without the inclusion of this factor, it does not affect the outcome of this case. The color of the pole has been effectively preempted by federal law, and accordingly a /variance is appropriate to conform the Bylaws color requirements to the mandate of federal law. Finally, the Board finds that the Town as owner would suffer substantial hardship by being deprived of the revenue associated with the proposed use. Since this revenue can assist the Town in continuing to maintain the historic structures on the property or for other important public purposes, the Town will benefit from the proposed facility by helping to maintain the historic character of the site. VI. CONCLUSION U'A 5 For the forego g reasons, the Board unanimously voted to grant AWS and Sprint the following variances.~ Board of Appeals Decision January 18, 2002 Page 10 2. < A height variance from the requirements of ' ' 8.9.3.c.i and 8.9.3.c.ii (restricting height to 10' above the average building height within 300' or, if no such buildings, 10' above average tree canopy height) to permit the construction, operation, maintenance and use of a 100' two -carrier monopole with internal antennas, including the required FAA light to the height of 102' and the required lightning rod to the height of 104' in accordance with the following Plans for the facility prepared by Greenman -Pedersen, Inc., on paper dated November 21, 2001, and on mylar dated January 15, 2002: SHEET DESCRI�g-ION Z-01 Title Sheet Z-02 Property Plane Compound Z-03 Site Plan - d e Compound Z-04 Eleva tionn One Compound A color variance from the requirements ' 8.9.4.a.iii.2 (restricting color above vegetation to light grey or blue) to permit the construction, operation, maintenance and use of a 100' two -carrier monopole with internal antennas, including the required FAA light to the height of 102' and the required lightning rod to the height of 104' in accordance with FAA Advisory Circular 70/7460-1K referred to in the FAA=s determination for the proposed facility. Raymond A. Vivenzio, Acting Chair Robert P Pallone Scott A. Karpinski Board of Appeals E January 18, 2002 Page 11 Dated: ntyre Board of Appeals Decision January 18, 2002 Page 12 I, Joyce A. Bradshaw, Town Clerk of the hereby certify that twenty days have elapsed sine Appeals which was filed in the office of the Towi filed with the Town Clerk. /I att\n.andstevens\m\varianceAmision.wpd n of North Andover, Massachusetts do above referenced decision of the Board of k on and no appeal has been 'Joyce A. Bradshaw Town Clerk North Andover, Massachusetts ANDERSON IC g**'KREIGER LLP Attorneys at Lazo STEPHEN D. ANDERSON Also admitted in Cr ARTHUR P. KREIGER Also admitted in NY GEORGE A. HALL, JR. IN HAND Zoning Board of Appeals Office of Community Development 27 Charles Street North Andover, MA 01845 The Bulfinch Building ACHESON H. CALLAGHAN 47 Thorndike Street Of Counsel Cambridge, MA 02141 DOUGLAS H. WILKINS (617) 252-6575 Of Counsel Fax: (617) 252-6899 PETERJ. CURA JEFFREY L., ROELOFS DAWN STOLFI STALENHOEF January 15, 2002 APPLICANTS: (1) AT&T Wireless PCS LLC by and through its Manager AT&T Wireless Services, Inc. d/b/a AT&T Wireless and (2) Sprint Spectrum L.P. d/b/a Sprint PCS OWNER: Town of North Andover SITE: Stevens Estate, 723 Osgood Street, North Andover MAP/LOT: Map 35, Lot 23 Dear Members of the Board: Enclosed are copies of the following: 1. The Certified Abutters List for Stevens Estate; 2. The Notice sent to the parties listed on the Certified Abutters List for Stevens Estate; 3. The white postage receipts for certified mail and green certified mail receipt of delivery cards all parties listed on the Certified Abutters List for Stevens Estate who have claimed the certified mail notice as of today-, 4. The white postage receipts parties listed on the Certified Abutters List for Stevens Estate who have not claimed or returned the certified mail notice as of today; 5. The white postage receipts for certified mail and returned envelopes for undeliverable notices for Chadwick Street Nominee Trust (no such street), Ethel A. Curtin (unclaimed), and Dennis Drinkwater (attempted/old address); 6. The white postage receipts for certified mail and the green certified mail receipt of ( [ delivery cards for the Planning Boards of the towns of Andover, Middleton, North D D Reading, Haverhill, and Methuen; A ZQ02 The white postage receipts for certified mail fro the City of Lawrence; 8. The tear sheet for the newspaper notice placed in the Eagle Tribune on December BOARD OF APPEALS 31, 2001; Cj* Printed on recycled paper Board of Appeals January 15, 2002 Page 2 9. The tear sheet for the newspaper notice placed in the Eagle Tribune on January 8, 2002; and 10. The crane test notice sent to the parties listed on the Certified Abutters List for Stevens Estate. As of today, we have received green cards or returned envelopes from all parties listed on the Certified Abutters List for Stevens Estate except the following: 1. Onofrio and Joyce Casqburri 2. MC Aloon Family Trust 3. Michael and Linda Walsh 4. Blair Roberts and Caren Jacobson 5. David and Lisa Smolag 6. Mary M. Machado 7. Aleen and Kathleen Tarro. 8. The City of Lawrence. Enclosures cc: Taylor Whiteside, Esq. Joseph Osche Jon Lazar, Esq. Christine Morrisey att\n. andstevensTzbal .wpd Siinncere y, Stephen . Anderson sande on@andersonkreiger.com ANDERSONr KREIGER LLP s a Attorne)s at Law CO Printed on recycled paper L Town of North Andover, Zoning Board of Appeals APPLICANT'S PROPERTY: list by map, parcel, name and address (PLEASE PRINT CLEARLY, USE BLACK INK) MAP PARCEL NAME ADDRESS —:::� jTown.of North Andover 723 Osgood Street 35 23 (Stevens Estate) ABUTTERS PROPERTY: list by map, parcel, name and address (PLEASE PRINT CLEARLY, USE BLACK INK) MAP PARCEL NAME JADDRESS See attached. TUIC` IAIl!n0fiAATInKI UTA0 /IOTAIKfrM AT TI Ir- Annrnnr I uv n ♦I vl Mr- IVIv A -b vu I ntivuu Al 1 flC I1JJCJJVic J VI"t Il.0 H1VU ULN I U -ICU bT THE ASSESSOR'S OFFICE: BY: - DATE: SIGNATURE, ASSESSOR, TOWN OF NORTH ANDOVER Required list of parties of interest Page one �_ of OWfied by Date �Board ssessor North Andov ABUTTERS AND ABUTTERS TO ABUTTERS WITHIN 300 FEET Subject Property: STEVENS ESTATE 723 Osgood Street Parcel ID Map 35 Parcel 16 Map 35 Parcel 19 Map 35 Parcel 20 Map 35 Parcel 24 Map 35 Parcel 25 Map 35 Parcel 26 Location 492 Sutton Street 1018 Osgood Street 1025 Osgood Street Osgood Street Osgood Street 665 Osgood Street Map 35 Parcel 29 1060 Osgood Street Owned by: Town of North Andover 120 Main Street North Andover, MA Map 35 Parcel 23 Owner and Mailing Address City of Lawrence Airport Commission 492 Sutton Street North Andover, MA 01845 William Chepulis James Chepulis 1018 Osgood Street North Andover, MA 01845 Goodwin Trust c/o Russell Treadwell 3667 Huntington Place Drive Sarasota, FL 34237 Michael L. Kettenbach c/o RMD 881 East Street Tewksbury, MA 01876 Michael L. Kettenbach c/o RMD 881 East Street Tewksbury, MA 01876 Douglas N Howe Jr Janice W Howe 665 Osgood Street North Andover, MA 01845 R & M Realty Trust R C Stoddard, M A C Ikacz 1060 Osgood Street North Andover, MA 01845 „ C&tfied by !� Boa f Assessor North Andove �� Map 35 Parcel 32 605 Osgood Street Albert F. Cullen, Jr. Maeve M Cullen 605 Osgood Street North Andover, MA 01845 Map 35 Parcel 33 Osgood Street Michael L. Kettenbach c/o RMD 881 East Street Tewksbury, MA 01876 Map 35 Parcel 44 Great Pond Road Town of North Andover 120 Main Street North Andover, MA 01845 Map 35 Parcel 50 1003 Osgood Street CYR Associates PO Box 207 Lawrence, MA 01842 Map 36 Parcel 4 623 Osgood Street George W. Ousler, Jr. Deanna M Ousler 623 Osgood Street North Andover, MA 01845 Map 36 Parcel 21 Osgood Street Michael L. Kettenbach c/o RMD 881 East Street Tewksbury, MA 01876 Map 74 Parcel 2 492 Sutton Street City of Lawrence Airport Commission 492 Sutton Street North Andover, MA 01845 Map 74 Parcel 3 946 Osgood Street China Blossom Realty Trust Richard Yee, Tr 946 Osgood Street North Andover, MA 01845 Map 74 Parcel 4 59 Surrey Drive John P. Routhier, Jr. Mary E. Routhier 59 Surrey Drive North Andover, MA 01845 Map 74 Parcel 5 980 Osgood Street John Ferreira 980 Osgood Street North Andover, MA 01845 Map 74 Parcel 6 1000 Osgood Street Landers Building Condominium 1000 Osgood Street North Andover, MA 01845 Crrtifled Da(e Boa of Assessor North Andov d Map 74 Parcel 6 1000 Osgood Street Dennis V. Drinkwater 44 South Point Lane Ipswich, MA 01938 Map 74 Parcel 7 850 Osgood Street 850 Osgood Street Trust Anne Marie Ryan, Tr 850 Osgood Street North Andover, MA 01845 Map 74 Parcel 12 177 Chadwick Street Gail E. Oja 177 Chadwick Street North Andover, MA 01845 Map 74 Parcel 13 838 Osgood Street Annina Faraci 838 Osgood Street North Andover, MA 01845 Map 74 Parcel 15 Osgood Street China Blossom Realty Trust Richard Yee, Tr 946 Osgood Street North Andover, MA 01845 Map 74 Parcel 22 159 Chadwick Street Kirk G. Olsen Janet D. Olsen 159 Chadwick Street North Andover, MA 01845 Map 74 Parcel 23 505 Sutton Street Knights of Columbus Association Inc. 505 Sutton Street North Andover, MA 01845 Map 74 Parcel 28 67 Surrey Drive David V. Smolag Lisa Smolag 67 Surrey Drive North Andover, MA 01845 Map 74 Parcel 29 75 Surrey Drive Testa Realty Trust Mary C. Testa, Tr 75 Surrey Drive North Andover, MA 01845 Map 74 Parcel 30 83 Surrey Drive Armando J. Vera Maritza E. Vera 83 Surrey Drive North Andover, MA 01845 Map 74 Parcel 31 168-170 Chadwick Street Chadwick Street Nominee Trust V Scott Follansbee, Tr 79 Lucy Street North Andover, MA 01845 G Wfied by'�'Date O/ Boa Assessor k h And er Map 91 Parcel 1 Map 91 Parcel 3 Map 91 Parcel 4 Map 91 Parcel 5 Map 91 Parcel 6 Map 91 Parcel 7 Map 91 Parcel 8 Map 91 Parcel 14 Map 91 Parcel 15 Map 91 Parcel 19 Osgood Street 800 Osgood Street 814 Osgood Street 826 Osgood Street 790 Osgood Street 864 Chickering Road 30 Foulds Terrace 15 Colgate Road 14 Colgate Road 25 Stacy Drive Map 92 Parcel 8 140 Prescott Street North Andover Housing Authority 310 Greene Street North Andover, MA 01845 Michael J. Walsh Linda Walsh 800 Osgood Street North Andover, MA 01845 Blair Roberts Caren Jacobson 814 Osgood Street North Andover, MA 01845 Mary M.14achado 826 Osgood Street North Andover, MA 01845 MC Aloon Family Trust M A & J M Aloon, Tr 790 Osgood Street ... North Andover, MA 01845 Ethel A. Curtin 864 Chickering Road North Andover, MA 01845 Onofrio Casgburri Joyce P B Casgburri 30 Foulds Terrace North Andover, MA 01845 Nina M. Gaffney 15 Colgate Road North Andover, MA 01845 Jeanett G. Sutton 14 Colgate Road North Andover, MA 01845 Henry F. Har Margaret Davis 25 Stacy Drive North Andover, MA 01845 Selco Service Station 127 Public Square Cleveland, OH 44114 Onged by @�!e /'/I'a0 / Boar Assessor North Andov r Map 99 Parcel 1 841 Chickering Road Douglas E. Daher 841 Chickering Road North Andover, MA 01845 Map 100 Parcel 1 676 Osgood Street Thomas P. Rockwell, Jr. WM P Rockwell Living Revoc Trust 676 Osgood Street North Andover, MA 01845 Map 100 Parcel 4 190 Prescott Street Josephine Palazzolo 190 Prescott Street North Andover, MA 01845 Map 100 Parcel 5 Prescott Street Town of North Andover 120 Main Street North Andover, MA 01845 Map 100 Parcel 6 696 Osgood Street Thomas P. Rockwell 696 Osgood Street North Andover, MA 01845 Map 100 Parcel 7 Osgood Street Thomas P. Rockwell William P. Rockwell 696 Osgood Street North Andover, MA 01845 Map 100 Parcel 8 661 Osgood Street Aleen W. Tarro Kathleen R. Tarro 661 Osgood Street North Andover, MA 01845 Map 100 Parcel 9 657 Osgood Street Kindred Realty Trust David A. Kindred, Tr Branda Kindred PO Box 531 North Andover, MA 01845 attlnandstevens\m\abutters001. wpd Town of North Andover Office of the Zoning Board of Appeals C=ommunity Development and Services Division I Icid, Criffin, Division Director 27 Chark•s SLreOt I) Kobcrl Nicola North Andover, MQSS.1d1USe1tS 01545 1holding C Corpwm. ,uorwr Legal Notice North Andover, Board of Appeals 1 Mown 1 p •. .o 41''=,..o s^CMU� I olophono (978) 688-9541 l'ax (978) 688-9542 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 15th of January, 2002, at 7:30 PM to all parties interested in the appeal ol' AT&T Wireless PCS I.I,C by and through its Manager AT&T Wireless Services, lnc.d/b/a AT&T Wireless and Sprint Spectrum L.P. d/b/a Sprint PCS for premises affected at the Stevens Estate, 723 Osgood Street North Andover, MA requesting a dimensional Variance from Section 8.9, Paragraph 8.9.3c.i and 8.9.3.c.ii for relief of height requirements in order to construct one or two internal antenna monopoles.-, and requesting relief of color requirements from Section 8.9, Paragraph 8.9.4.a.iii in order to comply with FAA Advisory Circular 70/7460-1 K. Said premises affected is property with frontage on the east side of Osgood Street within the R-1 and R-2 Toning districts. Plans are available for review at the office of the Builduig Department 27 Charles Street, North Andover, MA, Monday through Thursday from the hours of 9:00 AM to 2:00 PM. By order of the Board ofAppcals William J. Sullivan, Chairman Published in the Eagle Tribune on December 31, 2001 & January 8, 2002. i.egalnotice2002-001 N)%i(I;(?I \1'1'1 \1SaXNI 11111.1)1\(I(IXX.`)SJS ('O%S1,!\AI)(INIXX-9)sW III \11 P1 .! (1 3 MAIL RECEIPT SENDER: Z O Complete hems 1 and/or 2 for additional services. ,)estic Mail Only; No Insurance Coverage Provided) Q Complete items 3, 4a, and 4b. IL ❑ Print your name and address on the reverse of this form so that we can return this d card to you. c3 Attach this form to the front of the mailpiece, or on the back if space does not Z Werth. � ' \ r o Write 'Return Receipt Requested'on the tailpiece below the article number. ❑ The Return Receipt will show to whom the article was delivered and the date Postage $ O delivered. r ` v 'a Article Addressed to: 4a. Article Number I also wish to receive the fol ing services (for an extra ter 1 • ❑ Addressee's Address 2-. ❑ Restricted Delivery Certified Fee u/ � + p t ` m i C. Sig ature $ turn Receipt Fee - \ �re a i E Josej3h ne Palazzolo "Y'�` ement Required) s. _�, 8 190�rescott Street fement P'"Registered 'ted Delivery Fee Required) - ------ i � - of i w North -Andover, MA 01845 ,.p�{)J LW61�tthlTAece T cted Delive"_Fee Required) C A !1 sement ate of Del •ephine Palazzolo + z )Prescott Street ------------------- ece ed By: (Print Name) 8. Addfessbe' rth Andover, MA 01845 ------------------- lee is paid) 6. Signature (Addressee or Agent) O - � N ❑ Certifiec ❑ Insured Merchandise ❑ COD less (Only if requested • x PS Form 3811, December 1994 102595-99-B-0223 Domestic Meturn m \ William P. Rockwell mac P. Rockwell ). 696 Osgood Street 3. Service Type liam P. Rockwell ------ North Andover, MA 01845 ❑Certified Mail ❑Express Mail ❑ Registered ❑ Return Receipt for Mei Osgood Street -------- ------ ❑ Insured Mail ❑ C.O.D. th ArIC':over, MA 01845 4. Restricted Delivery? *(Extra Fee) ❑ } 2. Article Number (Copy from service I eQ - 7�) JL- d2 n PS Form 3811, July 1999 Domestic Return Receipt • 102595-� vicet AAIL i RECEIPT jCOMPLETE Provided)No Insurance Coverage ■ Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. ■ Print your name and address on the reverse so that we can return the card to you. ■ Attach this card to the back of the mailpiece, ,�- or on the front if space permits. Postage $ } ■ Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. ■ Print your name and address on the reverse a so that we can return the card to you. A. Received by (Please Print Clearly) B. Date c C. Sig ature $ ■ Attach this card to the back of the mailpiece, X ❑ f Postage or on the front if space permits. ❑ / iva D s dress different from item 1? ❑ Certified Fee Postmark-'..`, ,`-• 1. Article Addressed to: ted Delivery Fee Here t� -- „ If YE , enter delivery address below: ❑ t :turn Receipt Fee ------- o ---- cement Required) cted Delive"_Fee Required) - Thomas P. Rockwell �.:�-. ' sement _ m \ William P. Rockwell mac P. Rockwell ). 696 Osgood Street 3. Service Type liam P. Rockwell ------ North Andover, MA 01845 ❑Certified Mail ❑Express Mail ❑ Registered ❑ Return Receipt for Mei Osgood Street -------- ------ ❑ Insured Mail ❑ C.O.D. th ArIC':over, MA 01845 4. Restricted Delivery? *(Extra Fee) ❑ } 2. Article Number (Copy from service I eQ - 7�) JL- d2 n PS Form 3811, July 1999 Domestic Return Receipt • 102595-� vicet AAIL i RECEIPT jCOMPLETE Provided)No Insurance Coverage ■ Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. ■ Print your name and address on the reverse so that we can return the card to you. ■ Attach this card to the back of the mailpiece, ,�- or on the front if space permits. Postage $ , X� CVS v ❑A, ❑ Add Certified Fee - <%?P� tmark If YES, enter delivery address below: y6i Her, urn Receipt Fee ament Required) ' ted Delivery Fee - ement Required)--" ------- o ---- 1. Article Addressed to: Kindred Realty Trust David A.& Branda Kindred 531 by (Please Print Clearly) I B. Date of I - 'P C,Ap / Z>/z - C. Signature ' X� CVS v ❑A, ❑ Add D. Is delivery address different from item 1? ❑ Yes If YES, enter delivery address below: ❑ No -- . PO BOX 3. Service Type fired Realty Trust North Andover, MA 01845 11 Certified Mail ❑ Express Mail id A.& Branda Kindred ❑ Registered ❑ Return Receipt for Merc th Andover, MA 01845 h BOX 531 C1 Insured Mail ❑ C.O.D. 4. Restricted Delivery? (Extra Fee) 11Yes 2. Article Number !Copy f om ervice labeQ PS Form 3811, July 1999 Domestic Return Receipt 102595-99 COMPLETE THIS SECTIONON DELIVERY • SE • Postal Service • . • ■Complete items 1, 2, and 3. Also complete',-stic Mail A. R iv by (Please P t 9early) BVe ofOnly, No Insurance Coverage Provided) item 4 if Restricted Delivery is desired.t: / s ■ Print your name and address on the reverse Signature so that we can return the card to you. ❑ Agent ■ Attach this card to the back of the mailpiece, 8 Addr( or on the front if space permits: D. Is delivery ad afferent from item 1? ❑ Yes 1. Article Addressed to: If YES, enter delivery address below: ❑ No Postage $ G Certified Fee i'fistmark Henry F. Har •n Receipt Fee t/Here rent Required) / d Delivery Fee °ut,� ;:, Margaret Davis rent Required) �- 25 Stacy Drive 3. Service Type North Andover, MA 01845 ElCertified Mail ❑ Express Mail ❑ Registered ❑ Return Receipt for Mercha try F. Har ❑ Insured Mail ❑ C.O.D. garet Davis - 4. Restricted Delivery? (Extra Fee) [I Yes ltacy Drive2. 7 (Copy � ' e th Andover, MA 01845 0— PS Form 3811, July 1999 Domestic Return Receipt 102595-99-h, P•stal Service SENDER: • SECTION COMPLETE THIS SECTIONON ;-JTIFIED MAIL RECEIPT ■ Complete items 1, 2, and 3. Also complete A. Received by ase Print Clearly) B. Date of Deli Only; Provided) item 4 if Restricted Delivery is desired. ■ Print your name and address on the reverse so that we can return the card to you. C. sig to ■ Attach this card to the back of the mailpiece, ❑ Agent or on the front if space permits. ❑ Addre< S, D. delivery ddress afferent from i m 1? ❑ Yes Postage $ ?� - ��t 1. Article Addressed to: �f YES, inter delivery address below: ❑ No Certified Fee n Receipt Fee ' Nina M. Gaffney \ 0 ent Required)L .1 �� J Delivery Fee 15 Colgate Road lent Required) North Andover, MA 01845 3. Service Type =; t M. Gaffne C1 Certified Mail Express }r ❑ Registered 13 fj t for Merchan ;olgate Road ------- ❑ Insured Mail ❑ C:o:D:- :h Andover, MA 01845 4. Restricted Delivery? (Extra Fee) ❑ Yes ------------------- jA} I Nto um�beer (Copy f om se is label} t ;- 44�6 2 ;1,1, eurUaly 2*1 See Re4=rse for Instructions PS Form 3811, July 1999 Domestic Retur Receipt 102595-99-M-1 '-al Service • _ • Only;lIED MAIL RECEIPTJail ■Complete items 1, 2, and 3. Also Complete A. Received by (Please Print Clearly) B_ Date of Delivc item 4 if Restricted Delivery is desired. ■ Print your name and address on the reverse C. Signature ❑ Agent so that we can return the card to you-� .0 —� ■ Attach this card to the back of the mailpiece, ❑ Addles TFee � or on the front if space permits. p- Is delivery address different from item 1? ❑Yes . t ❑ No /postmark - , �'� 1. Article Addressed to: If YES, enter delivery address below: ,. 1 Here - r ry Jeanett G. Sutton 14Colgate Road 3. Service Type Sutton— North Andover, MA 01845 ❑ Certified Mail ❑ Express Mail e Road --" ❑ Registered ❑ Return Receipt for Merchan d'I_ MA 01845 ❑Insured Mail Cl C.O.D. 4. Restricted Delivery? (Extra Fee) ❑ Yes 2. Article Num r (Copy from service label) 102595 99 M PS Form 3811, July 1999 Domestic Return Receipt - . bomestic 1 0 C1. A) v SENDER: I also wish to receive the f Mail Only; r: ,p�r�'iar w Li Complete items 1 and/or 2 for additional services. ing services (for an extra f WM P Rockwell Living Revoc o m Complete items 3, 4a, and 4b. " v North Andover, MA 01845 �y ❑ Print your name and address on the reverse of this form so that we can return this W Cleveland, OH 44114 > card to you. 1. ❑ Addressee's Addres Return Receipt for Merchandise ❑ COD ` E3 Attach this forth to the front of the mailpiece, or on the back if space does not permit. 2• ❑Restricted Delivery — �- d ❑ Write 'Return Receipt Requested' on the mailpiece below the article number. Postage $ C E3 TheA; etum Receipt will show to whom the article was delivered and the date @ �^ 0 delivered. Certified Fee 3. Article Addressed to: 4a. Article Number Return Receipt FeeR Postmarj% G %, cit. Douglas E. Daher ndorsement Required), C% %- G 4b. Service Type estricted Delivery Fee G'' 0 841 Chickering Road ❑ Registered ❑ Certlfl( )dorsement Required) to-- North Andover, MA 01845 —�� ❑ Express Mail /SdSC� Insure cr ❑ Return Receipt for Merohana ❑COD, louglas E. Daher 7. Date of Delivery i 41 Chickering Road / pl- 9' orth Andover, MA 01845 _____.-_____________ w 5. R ed y: j Tint N Pt) ��[� 8. Addressee's Address-i(O requestec lee is paid) --------------------- cA.,tignatufddressee or Agent) N PS Form 3811, December 1994 102595-99-B-0223 Domestic Return F Postage $ Certified Fee Return Receipt Fee dorsement Required) ,strictedDelivery Fee dorsement Required) Aal Postage & Fees 1 $ :somas P. Rockwell, Jr. 'M P Rockwell Living Revoc 16 Osgood Street orth Andover, MA 01845 Postage $ Certified Fee Return Receipt Fee Endorsement Required) Restricted Delivery Fee (Endorsement Required) Selco Service Station 127 Public Square Cleveland, OH 44114 SENDER: in ❑ Complete items 1 and/or 2 for additional services. W Complete items 3, 4a, and 4b. ❑ Print your name and address on the reverse of this forth so that we can return this j card to you. o ❑ Attach this form to the front of the mailpiece, or on the back if space does not d permit. r ❑ Write 'Return Receipt Requested' on the mailpiece below the article number. t ❑ The Return Receipt will show to whom the article was delivered and the date ' 1 0 delivered. 3. Article Addressed to: K.1-1 K stmark Here U. r: ,p�r�'iar Thomas P. Rockwell, Jr. - 8 WM P Rockwell Living Revoc o W 676 Osgood Street " v North Andover, MA 01845 �y Q W Cleveland, OH 44114 11Express Mail ❑ Insurec ----------- 5. ReceiJ LU -------------------- M 0c 6. ignat N PS Form or Agent) , December 1994 I also wish to receive the fo ing services (for an extra fe 1- ❑ Addressee's Address 2• ❑ Restricted Delivery 3 q4?) 4b. Service Type ❑ Registered ❑ Certifiec ❑ Express Mail ❑ Insured ❑ Return Receipt for Merchandise ❑ COD 7. Date of Delivery 8. Addressee's Address (Only if requested fee is paid) 102595-99-B-0223 Domestic Return Re dv SENDER: re ❑ Complete items 1 and/or 2 for additional services. H Complete items 3, 4a, and 4b. O Print your name and address on the reverse of this form so that we can return this j card to you. ❑ Attach this forth to the front of the mailpiece, or on the back if space does not y permit. .t. ❑ Write 'Retum Receipt Requested" on the mailpiece below the article number I also wish to receive the fk ing services (for an extra f( 1- ❑ Addressee's Address 2. ❑ Restricted Delivery f�Q 0 'O ar ❑ The Return Receipt will show to whom the article was delivered and delivered. 3. Article Addressed to: the date 4a. Article Number r: ,p�r�'iar vliere o Se1C0 SeiVice Station 4b. Service Type 127 Public Square ❑ Registered ❑ Certifie ----- W Cleveland, OH 44114 11Express Mail ❑ Insurec p❑ D Return Receipt for Merchandise ❑ COD ¢ 7. Date of Delivery -------------------- z 3 5. Received By: (Print Name) 8. Addressee's Adc ------------------- fee is paid) i 6. Signature re se or Agent) PS Form 3811, ecember 1994 102595-99-8-0223 Domestic Return R. ress (Only if requested i',omestic Mail Only, ■ Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. ■ Print your name and address on the reverse so that we can return the card to you. `� ■ Attach this card to the back of the mailpiece, or on the front if space permits. Postage $ i ^ j / 1. Article Addressed to: Certified Fee C.;! i - --- Return Receipt Feet\u �. dorsement Required) North Andover Housing Authority strieted Delivery Fee _ dorsement Required310 Greene Street )' ` - j North Andover, MA 01845 North Andover Housing Authority 310 Greene Street ---- ----------- North Andover, MA 01845 ------------------- service ____service la Postage $ Certified Fee Return Receipt Fee Endorsement Required) Restricted Delivery Fee ndorsement Required) �fpark A. Received by (Please Print Clearly) I B. Date o' C.X Si ur n A D. Is delivery address different from item 1? ❑ Y If YES, enter delivery address below: ❑ 1� 3. Service Type ❑ Certified Mail ❑ Express Mail ❑ Registered ❑ Return Receipt for Me ❑ Insured Mail ❑ C.O.D. 4. Restricted Delivery? (Extra Fee) ❑ 2. Article}umberCopy b I) ro/�/�/O L PS Form 3811, July 1999 Domestic Return Receipt ■ Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. ■ Print your name and address on the reverse so that we can return the card to you. ■ Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to Armando J. Vera TOW Pnetann A pone I @ Maritza E. Vera 3. Service Type krmando J. Vera r) 83 Surrey Drive ❑ Certified Mail ❑ Express Mail vlaritza E. Vera i North Andover, MA 01845 ❑ Registered ❑ Return Receipt for M ❑ Insured Mail ❑ C.O.D. 33 Surrey Drive --------------------- I 4. Restricted Delivery? (Extra Fee) ❑ forth Andover, MA 01 845 2. Article N tuber (Copy from service I bel) PS Form 3811, July 1999 Domestic Return Receipt 10259` Postal Service 102595 - Received by (Please Print Clearly) I B. Date 0 D. Is liv address erentfrom item 1? U \ If S. enter deliv ry address below: ❑ Postage 1 $ Certified Fee Return Receipt Fee dorsement Required) °strieted Delivery Fee dorsement Required) sesta Realty Trust ✓Lary C. Testa, Tr '5 Surrey Drive lorth Andover, MA 01845 A. Received by (Please Print Clearly) I B. Date c C. Signature 7 ❑/ D. Is delivery adWess differedt,\ftom item 1? ❑ If YES, enterlivery address below: ❑ 1 �1 a, I / J 3 Urrey linve 3. Service Type ___________ _____ North Andover, MA 01845 ❑ Certified Mail ❑ Express Mail ❑ Registered ❑ Return Receipt for Me ❑ Insured Mail ❑ C.O.D. 4. Restricted Delivery? (Extra Fee) ❑ 2 rticle Number (Co y from service I 9 D1� �t� �4 PS Form 3811, July 1999 Domestic Return Receipt 102595- 11111.. Complete items 1, 2, and 3. Also complete - item 4 if Restricted Delivery is desired. ■ Print your name and address on the reverse so that we can return the card to you. -- ■ Attach this card to the back of the mailpiece, ' . I or on the front if space permits. S.6ark\ �\ I 1. Article Addressed to: �eke) t Testa Realty Trust Mary C. Testa, Tr A. Received by (Please Print Clearly) I B. Date c C. Signature 7 ❑/ D. Is delivery adWess differedt,\ftom item 1? ❑ If YES, enterlivery address below: ❑ 1 �1 a, I / J 3 Urrey linve 3. Service Type ___________ _____ North Andover, MA 01845 ❑ Certified Mail ❑ Express Mail ❑ Registered ❑ Return Receipt for Me ❑ Insured Mail ❑ C.O.D. 4. Restricted Delivery? (Extra Fee) ❑ 2 rticle Number (Co y from service I 9 D1� �t� �4 PS Form 3811, July 1999 Domestic Return Receipt 102595- Postage $ Certified Fee Qstmark Return Receipt Feee dorsement Required) astricted Delivery Fee dorsement Required) ?` ■ Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. ■ Print your name and address on the reverse so that we can return the card to you. ■ Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to Knights of Columbus Association A. Received by (Please Print Clearly) I B. Date C. Istelivery address different from item 1? ❑ If YES, enter delivery address below: ❑ lite. I 505 Sutton Street 3. Service Type nights of Columbus Association , North Andover, MA 01845 ❑ Certified Mail ❑ Express Mail lc. ___ ❑ Registered ❑ Return, Receipt for h ❑ Insured Mail ❑ C.O.D. 05 Sutton Street -------------------- 4. Restricted Delivery? (Extra Fee) G forth Andover, MA 01845 2. Artie uaber (Copy,from service liall PS Form 3811, July 1999 Domestic Return Receipt 10259 Postage $ Certified Fee I I r Return Receipt Fee dorsement Required) •stricted Delivery Fee dorsement Required) \ :j A. Received by (Please Print Clearly) I B. Dat, *D.elivery 'ddress different from item 1?r delivery address below: Q qjl \- 3. Service Type C5 —T ❑ Certified Mail ❑ F.ress Mail ❑ Registered ❑ Return Receipt for M. ❑ Insured Mail ❑ C.O.D. .. 4. Restricted Delivery? (Extra Fee) ❑ ■ Complete items 1, 2, ad 3. Also complete item 4 if Restricted De ery is desired. ■ Print your name and a ess on the reverse so that we can return the ca you. „ ■ Attach this card to the back of the mailpiece, or on the front if space permits. 1 - . 1. Article Addressed to: ". George W. Ousler, Jr. rtal Postaae & Fees I d. I .Deanna M Ousler ,eorge W. Ousler, Jr. , 623 Osgood Street ieanna M Ousler North Andover, MA 01845 23 Osgood Street --------.--_-----_ forth Andover, MA 01845 mmm from service '; PS Form 3811, July 1999 102595 - Print QFearly) I B. C. Signature X -- o D. Is delivery a dress ifferent from item 1? ❑ If YES, dn"ivery �ress below: ❑ LL` 3. Service Type - . ❑ Certified Mail ❑ Express Mail ❑ Registered ❑ Return Receipt for M( ❑ Insured Mail ❑ C.O.D. 4. Restricted Delivery? (Extra Fee) ❑ 06) �- 's -j /I / Domestic Return Receipt 102595 ■ Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. �� -..\ ■ Print your name and address on the reverse �`� so that we can return the card to you. Postage $ ■ Attach this card to the back of the mailpiece, .� ;' or on the front if space permits. Certified Fee '� b i 1. Article Return Receipt Fee idorsement 1 `ostmark� Addressed to: Required) I Were ' estricted Delivery Fee +dorsement Required) �.` ,��–...` i Kirk G. Olsen _ T ` - Janet D. Olsen :irk G. Olsen 159 Chadwick Street inet D. Olsen North Andover, MA 01845 59 Chadwick Street orth Andover, MA 01845 2. Article Number Co(py from service label) �� n h. �'Z a !, . f - . . , Postage $ Certified Fee I I r Return Receipt Fee dorsement Required) •stricted Delivery Fee dorsement Required) \ :j A. Received by (Please Print Clearly) I B. Dat, *D.elivery 'ddress different from item 1?r delivery address below: Q qjl \- 3. Service Type C5 —T ❑ Certified Mail ❑ F.ress Mail ❑ Registered ❑ Return Receipt for M. ❑ Insured Mail ❑ C.O.D. .. 4. Restricted Delivery? (Extra Fee) ❑ ■ Complete items 1, 2, ad 3. Also complete item 4 if Restricted De ery is desired. ■ Print your name and a ess on the reverse so that we can return the ca you. „ ■ Attach this card to the back of the mailpiece, or on the front if space permits. 1 - . 1. Article Addressed to: ". George W. Ousler, Jr. rtal Postaae & Fees I d. I .Deanna M Ousler ,eorge W. Ousler, Jr. , 623 Osgood Street ieanna M Ousler North Andover, MA 01845 23 Osgood Street --------.--_-----_ forth Andover, MA 01845 mmm from service '; PS Form 3811, July 1999 102595 - Print QFearly) I B. C. Signature X -- o D. Is delivery a dress ifferent from item 1? ❑ If YES, dn"ivery �ress below: ❑ LL` 3. Service Type - . ❑ Certified Mail ❑ Express Mail ❑ Registered ❑ Return Receipt for M( ❑ Insured Mail ❑ C.O.D. 4. Restricted Delivery? (Extra Fee) ❑ 06) �- 's -j /I / Domestic Return Receipt 102595 ■ Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. ■ Print your name and address on the reverse so that we can return the card to you. ■ Attach this card to the back of the mailpiece, Postage $ jor on the front if space permits. Certified Feew \ n`i 1. Article Addressed to: - S tmark j (_;j Return Receipt Fee 1i I iorsement Required) �> stricted Delivery Fee i�-. Annina F�traci iorsement Required) 838 Osgood Street A. Received by (Please Print Clearly) I B. Date c X ,0/ D. Is delivery address different from item 1? ❑ � If YES, enter-- ddress below: ❑ t 11 rl MV 26 ?W 1, . Annina Faraci North Andover, MA 01845 3. Service Ty ❑ Certified press Mail 838 Osgood Street -:-_❑ Registeretl _ Receipt for Me North Andover, MA 01845 ❑Insured Mail 11 C.O.D. ------------------4. Restricted Delivery? (Extra Fee) ❑ 2. Article Nu ber(Co from service label) 21 ly db 0oa �( *66 ��� PS Form 3811, July 1999 Domestic Return Receipt 102595 Postage $ Certified Fee Rost ark Return Receipt Fee /y ere1Q��, iorsement Required) L ) n"t stricted Delivery Fee iorsement Required) 850 Osgood Street Trust Anne Marie Ryan, Tr ________________ 350 Osgood Street ------------ ------ \Torth Andover, MA 01845 i ■ER: COMPLETE THIS SECTION,• • ON DELIVERY ■ Complete items 1, 2, and 3. Also complete A. Received by (Please Print Clearly) B. Date item 4 if Restricted Delivery is desired. i ■ Print your name and address on the reverse so that we can return the card to you. C. Signature ■ Attach this card to the back of the maiipiece,❑ ; or on the front if space permits. X 1. Article.Addressed to: 850 Osgood Street Trust Anne Marie Ryan, Tr 850 Osgood Street North Andover, MA 01845 Is delivery address different fror item 1? ❑ If YES, enter delivery address below: ❑ 1 3. Service Type ❑ Certified Mail ❑ Express Mail ❑ Registered ❑ Return Receipt for Me ❑ Insured Mail ❑ C.O.D. 4. Restricted Delivery? (Extra Fee) ❑ 2. ArticlleNUMber Copy from servic label) Vfz)) 061 6 1 .57 d. i PS Form 3811, July 1999 Domestic Return Receipt c S. Postal Service r �'F'ERTIFIED MAIL i COMPLETE• fornestic Mail Only; ■ Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. ■ Print your name and address on the reverse i so that we can return the card to you. \ ■ Attach this card to the back of the mailpiece, Postage $ �, or on the front if space permits. Certified Fee . Return Receipt Fee Postrr iorsement Required) stricted Delivery Fee iorsement Required)f,- 1. Article Addressed to: Landers Building Condominium 1000 Osgood Street 202595-s A. Received by (Please Print Clearly) I B. Date C. Signa re X�� ❑ D. Is d livery a dress iterent from item 1? ❑ If YES, enter deliv ry address below: ❑ North Andover, MA 01845 3. Service Type anders Building Condominium ) ❑ Certified Mail ❑ Express Mail )00 Osgood Street -----------'-- -- ❑ Registered ❑ Return Rec pt for M ❑ Insured Mail ❑ C.O.D. il'! orth Andover, MA 01845 -------- --- 4. Restricted Delivery? (Extra Fee) •, ❑ 2. Article Number (Copy from service label oo� eta a- 5/ 3 PS Form 3811, July 1999 Domestic Return Receipt 102595 estie-wiau*nty;' t ■ Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. ■ Print your name and address on the reverse so that we can return the card to you. IS Attach this card to. the back of the mailpiece, Postage $ or on the front if space permits. Certified Fee --\� 1. Article Addressed to: A. Received by (Please Print Clearly) B. Date of C C. Signature X 0 1�� p_ ❑ Ad ❑ Ad( D. Is delivery address different from item 1? 11 Yes If YES, enter delivery address below: ❑ No im Receipt Fee •ment Required) ed Delivery Fee Gail E. Oja meet Required) i 177 Chadwick Street DEC 2 2 2001 North Andover, MA 018 5 ;/ 3. Service Type I E. Oja �_�� 11 Certified Mail ❑Express Mail Chadwick Street (i9p, ❑Registered ❑Return Receipt for Merci th Andover, MA 0 1845 Insured Mail 1:3C.o.D. 4. Restricted Delivery? (Extra Fee) ❑ Ye: 2. Article Number (Copy from service label) x ��^ ?D �> ���nz� can i a - 7 PS Form 3811, July 1999 Domestic Return Receipt 102595-99- Postal Service 4— W W - - - - - - - - - - - Postage $ / �l Certified Fee ' b /--A " urn Receipt Fee "l Fribre ,r f iment Required) 7 :ed Delivery Fee 7` ementRequired) R Associates BOX 207-------- vrence, MA 01842 --------- Postage I $ Certified Fee Return Receipt Fee iorsement Required) stricted Delivery Fee Jorsement Required) Mal Pnetane & Fees I T China Blossom Realty T Richard Yee, Tr 946 Osgood Street North Andover, MA 0184 i T;1 ■ Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. ■ Print your name and address on the reverse so that we can return the card to you. ■ Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to A. Received by (Please Print Clearly) B. Date of g C. ature X ❑ A� ❑ Ac 4. Is delivery address different from item 1? 11 Y( If YES, enter delivery address below: ❑ N� CYR Associates N� PO BOX 207 v C.;) Lawrmce, MA 01842 Ilk _ 3. Service Type ~ ❑ Certified Mail ❑ Express Mail - ❑ Registered ❑ Return Receipt for Men ❑ Insured Mail 11 C.O.D. 4. Restricted Delivery? (Extra Fee) ❑ Yr 2. Article Number (Copy from service label) �o Q9 '2) -Td� PS Form 3811, July 1999 Domestic Return Receipt_ ; 102595-9' r- s 1, 2, and 3. Also complete , ,�stricted Delivery is desired. ■ Priv: your name and address on the reverse I t t n the card to ou -- Tru so t a we c ■ Attach this c or on the fron h j stmark Q�(ere �z 1. Article Address China Blos Richard Y 946 Osgoo ----------------- North And 5 2. Article Number an reur y . and to the back of the mailpiece, t if space permits. ed to: som Realty Trust ee, Tr d Street - over, MA 01845 from PS Form 3811, July 1999 A. Received by (Please Print Clearly) I B. Date r C.Signat ❑ , X ❑ D. Is deliv ess different from item 1? 11If YESr Ver delivery address below: ❑ 3. Service Type ❑ Certified Mail ❑ Express Mail ❑ Registered ❑ Return Receipt for MI ❑ Insured Mail ❑ C.O.D. 4. Restricted Delivery? (Extra Fee) ❑ & b 1S Domestic Return Rec 10259E Postage $ / wvV \ Certified Fee Burn Receipt Fee ;ement Required) - John Ferreira m 1 (li'ostm rg , I ■ Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. } ■ Print your name and address on the reverse so that we can return the card to you. ■ Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to :ted Delivery Fee ,+ John P. Routhier, Jr. ;ement Required) Mary E. Routhier 59 Surrey Drive In P. Routhier, Jr. North Andover, MA 01845 try E. Routhier -- Surrey Drive _.__.. rth And 2. Article Number (Copy from service labe A. Rec ' ed by (Please Print Clearly) Date of C. Si n tune /? Ag, X 111 si ❑ Ad. D. Is deVery address different from item 1? ❑ Yel If YES, enter delivery address below: ❑ No 3. Service Type ❑ Certified Mail ❑ Express Mail ❑ Registered ❑ Return Receipt for Mercl ❑ Insured Mail ❑ C.O.D. 4. Restricted Delivery? (Extra Fee) ❑ Ye: over, MA 01845 70 !�dL Del 4110 k 5/,q2 PS Form 3811, July 1999 Domestic Return Receipt 102595-99 --------------------------------- Postage $ Q�ti 3+ _ . Certified Fee + `j Pd lark Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. ■ Print your name and address on the reverse so that we can return the card to, you. ■ Attach -this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: Retuin Receipt Fee !orsement Required) ' J'_ - , < - John Ferreira /J slricted Delivery Fee iorsement Required) 980 Osgood Street North Andover, MA 01845 In Ferreira rl i 0 Osgood Street---------------------- )rth Andover, MA 01845 ----------------------- 2. Article Number (Copy from service label 1 PS Form 3811, July 1999 Postage S Certified Fee Return Receipt Fee Endorsement Required) Restricted Delivery Fee Endorsement Required) -d- Total Postage & Fees I $ City of Lawrence Airport\ Commission 492 Sutton Street North Andover, MA 01845 B. Date c Is delivery addreYdifferent from il'em 1? ❑ ` If YES, enter delivery address below: ❑ i 3. Service Type ❑ Certified Mail ❑ Express Mail ❑ Registered ❑ Return Receipt for Me ❑ Insured Mail ❑ C.O.D. 4. Restricted Delivery? (Extra Fee) ❑ Domestic Return Receipt 102595- . _ .....,..,>;t.:..:a.; ■ Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. ■Print your name and address on the reverse so that we can return the card to you. ■ Attach this card to the back of the mailpiece, —� or on the front if space permits. n1. Article Addressed to: Pgstmark gere City of Lawrence Airport Commission 492 Sutton Street North Andover, MA 01845 ----------------- ------------------ 2.ArticI Number (Cop from mservice I) PS Form 3811, July 1999 A. Received by (Please Print Clearly) I B. Date C. Signature X D. Is delivery addri6 rent from item 1? C If YES, enter delivery address below: 1- 3. Service Type ❑ Certified Mail ❑ Express Mail ❑ Registered ❑ Return Receipt for I ❑ Insured Mail ❑ C.O.D. 4. Restricted Delivery? (Extra Fee) C Domestic Return Receipt Mee lomestic Mail Only;No Insurance CoverageProvided) ■ Complete items 1, 2, and 3. Also complete A. Received by (Please Print Clearly) B. Date o item 4 if Restricted Delivery is desired. ■ Print your name and address on the reverse C. Signature so that we can return the card to you. ❑ A ■ Attach this card to the back of the mailpiece, X ❑ or on the front if space permits. A i, Postage $ D. Is de very address ifferent from item 1? Cl Y- i 1. Article Addressed to: If YEenter delivery address below: ❑ N Certified Fee Return Receipt Fee :orsement Required) i (n�%7 He lOU6 I Michael L. Kettepkr6h-. _ _ Aricted Delivery Fee iorsement Required) �j "� ) i�7� I � ' c/o RMD ti - T 881 East Street F I 3. Service Type L. Kettenbach�77 18lichael 11 Certified Mail ❑ Express s MailTewksbury; ❑Registered ❑Return Receipt for Mer RMD H / 1O` ❑Insured Mail ❑ C.O.D.o 31 East Street --------------------- I - ��u 4. Restricted Delivery? (Extra Fee) ❑ Y. ' ewksbury, MA 01876 2. Article N� ber (Copy. rota sehl) i PS Form 3811, July 1999 Domestic Return Receipt 102595-9 Postal Service tRTIFIED MAIL RECEIPT COMPLETE1S. .EUVERY lzmestic Mail Only; No Insurance Coverage Provided) - • A. Received by (Please Print Clearly) B. Date of ■Complete items 1, 2, and 3. Also complete �, � item 4 if Restricted Delivery is desired. on the reverse ■Print your name and address C. Sig ur ❑ A so that we can return the card to you. X ❑ A Postage $ i. �' '{ ■ Attach this card to the back of the mailpiece, or on the front if space permits. D. IS delivery ad ress different from item 1? ❑ Y Certified Fee Postmark +; 1. Article Addressed to: .. If YES, enter delivery address below: ❑ f Return Receipt Fee Here )rsement Required) - tricted Delivery Fee xsement Required) X i Town of North Andover _ ? ' 120 Main Streef 'own of North Andover T rA 01845 [�ORegistered Service Type North Andover,-SVl ertified Mail ❑ Express Mail 20 Main Street --- ❑ Return Receipt for ME 4orth Andover, MA 01845 ___________ __ __ nsured Mail ❑ c.o.D. 4. Restricted Delivery? (Extra Fee) ❑ 2. Article Number (Co ylirom service I el) ✓ 60 2 e's -- - - - - PS Form 3811, July 1999 Domestic Return Receipt 102595 Postal _ .-RTIFIED MAIL RECEIPT *1- 1---- irvvor�-rp PrrvidedY----� i e-,#,,?;PLETE THIS SECTION ON DELIVERY Postage $ 1ftlf�t! \ Certified Fee �""� � 6� Postm k 1 eturn Receipt Fee Here ,R..f •semen Required) d C //// icted Delivery Fee -sement Required) - 4 Postage & Fees $ Nilliam Chepulis aures Chepulis L018 Osgood Street ,forth Andover, MA 01845 i.t >i, ■ Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. ■ Print your name and address on the reverse so that we can return the card to you. ■ Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: William Chepulis James Chepulis A. Received by (Please Print Clearly) B. Date of oSigur ❑ A ❑A D. Is delivery address- - erent from item 1? O If YES, enter �/� address below: = lZma 1018 Osgood Street 3. Servic e - - ❑ Certifi\ ress Mail North Andover, MA 01845 ❑ Registelre -- - Return Receipt for ME ----------------- ❑ Insured Mail C.O.D. 4. Restricted Delivery? (Extra Fee) ❑ 2. Articl N be (Cop from service label) ,0259• PS Form 3811, July 1999 Domestic Return Receipt Postage $ Certified Fee Return Receipt Fee iorsement Required) stricted Delivery Fee iorsement Required) T , Joodwin Trust /o Russell Treadwell 667 Huntington Place Drive ..;arasota, FL 34237 • _ " ' • ' • ■ Complete items 1, 2, and 3. Also complete Certified Fee item 4 if Restricted Delivery is desired. ■ Print your name and address on the reverse Return Receipt Fee so that we can return the card to you. dorsement Required) ■ Attach this card to the back of the mailpiece, -stricted Delivery Fee or on the front if space permits. Jorsement Required) 1. Article Addressed to: ❑ Registered ❑ Return Receipt for Me 1 ❑ Insured Mail ❑ C.O.D. m Goodwin Trust Maeve M Cullen c/o Russell Treadwell 605 Osgood Street 3667 Huntington Place Drive �---- ' ------------------- Sarasota, FL 34237 ------------------- ' 2. Article Number (CODV from service labell Postage $ Certified Fee Maeve M Cullen rk Po!! Return Receipt Fee - --` dorsement Required) North Andover, MA -stricted Delivery Fee `S, Jorsement Required) ❑ Registered ❑ Return Receipt for Me ❑ Insured Mail ❑ C.O.D. Albert F. Cullen, Jr. j -- ` Maeve M Cullen ' 605 Osgood Street -------------- North Andover, MA 01845 Oy PS Form. 811, July 1999 i A. eceived by (Please Print Clearly) I B. Date r Ti? r6vr= . C. gnature 01 XP r / 1 /�` ��� ❑ D. Is delivery address different from item 1? ❑ If YES, enter delivery address below: ❑ 1 lei 3. Servi Type .0 '-q ❑ Cic ified ail ygss Mail ❑ Re ter ❑ Re llece t for ME ❑ Insur O.D. 4. Restricted vers? (Extra F ❑ 1 `t? 1.3 Domestic Return Receipt i COMPLETE• o mlete items 1, 2, and 3. Also complete Aem 4 if Restricted Delivery is desired. "d-Printyour name and address on the reverse so that we can return the card to you. a ■ Attach this card to the back of the mailpiece, or on the front if space permits. f 1- Article Addressed to: A. Received by (Please Print C. Is delivery address If YES, enter deliv from item 1? -❑-' ass below: ❑ t Albert F. Cullen, Jr. Maeve M Cullen 605 Osgood Street 3. Service Type North Andover, MA ❑ Certified Mail ❑ Express Mail 01845 ❑ Registered ❑ Return Receipt for Me ❑ Insured Mail ❑ C.O.D. 4. Restricted Delivery? (Extra Fee) ❑ 2. Article Number (Copy from servi be/ . ?02 i ,�� �fV 46 i PS Form 3811, July 1999 Domestic Return Receipt 102595-� ■ Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. ■ Print your name and address on the reverse so that we can return the card to you. ■ Attach this card to the back of the mailpiece, _ or on the front if space permits. Postage $ 1 �( J 1. Article Addressed to: Certified Fee -' 66stmark 3eturn Receipt Fee �rsement Required) "1 R & M Realty Trust ricted Delivery Fee - rsement Required) R C Stoddard, M A C lkacz 1060 Osgood Street & M Realty Trust North Andover, MA 01845 C Stoddard, M A C Ikacz ----------------- 060 Osgood Street ------------------ forth Andover MA 01845 2- Article Number (CQpy from service 1 PS Form 3811, July 1999 • d A. Received by (Please Print Clearly) I B. Date of C. Signature X O a._. ❑ A. D. Is delivery address different from item 1? ❑ Y( If YES, enter delivery address below: ❑ N 3. Service Type ❑ Certified Mail ❑ Express Mail ❑ Registered ❑ Return Receipt for Mer( ❑ Insured Mail ❑ C.O.D. 4. Restricted Delivery? (Extra Fee) ❑ Y, Domestic Return Receipt 102595-9' Postage $ Certified Fee j ,r / Pte. Return Receipt Fee, t;'re v ! ,dorsement Required) . �,, estricted Delivery Fee d ■ Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. ■ Print your name and address on the reverse so that we can return the card to you. ■ Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: Thomas P. Rockwell f A. Received by (Please Print Clearly) I B. Date C. Si ature X ❑' ❑, D. I deli ry address different from item 1 ? ❑' If enter delivery address below: ❑ 1 orsement Required) 696 Osgood Street North Andover, MA 01845 3. Service Type homas P. Rockwell ) ❑ Certified Mail ❑ Express Mail )6 Osgood Street 11 Registered ❑ Return Receipt for Me g --------------------- ❑ Insured Mail ❑ C.O.D. orth Andover, MA 01845 _____ __ __ _ _____ i 4. Restricted Delivery? (Extra Fee) ❑ 2. Article Number(Cpy from servi e ISI) _ PS Form 3811, July 1999 Domestic Return Receipt 102595 Postal----------- • . .. .•. 'orriestic Mail ■ Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. ■Print your name and address on the reverse so that we can return the card to you. ■ Attach this card to the back of the mailpiece, or on the front if space permits. Postage $ I I 1. Article Addressed to: Certified Fee 1002'\�' PostHere k Return Receipt Fee Ir.� orsement Required) " ) r7t trDouglas N Howe Jr sern Delivery Fee \� r^, xsement Required) Janice W Howe uglas N Howe Jr 665 Osgood Street ) —� j North Andover MA 01845 tice W Howe ---------------------' 5 Osgood Street ----------- ----- - ---- rth Andover, MA 01845 2. Article Number (Copy from service labe --,7L) 59 iS�Gl2% Ci! PS Form 3811, July 1999 A. Received by (Please Print Clearly) I B. Date o: C. Signatur - X ❑ A' ❑ A, D. Is delivery addr d m item 19 ❑ YE If YES, enter de' �`' s below:. ❑ N s, 3. Service Type3.. 13b Certified Mail y ' Express.Mail ❑ Registered ❑ Return Receipt for Merc ❑ Insured Mail ❑ C.O.D. 4. Restricted Delivery? (Extra Fee) ❑ Ye Domestic Return Receipt 102595-99 4 e in mss: nn'❑ n.,i..• Al, f—....,r--- P—i./crfl 6! �+ .ten j ,,. v rU Postage $ L f \ fl] Postage $ �p' C•{ Q 1 t I pQ Y C] Certified Fee ' Certified Fee : I Return Receipt Fee ere t1 v Here j ep (Endorsement Required) C { Return Receipt Fee J� Here I $ (Endorsement Required) •`� / :' Restricted Delivery Fee - }�'� i p Restricted Relive Fee O (Endorsement Required) / p (Endorsement Required) 1 C7 C3 Onofrio Casgburri e,)a " Joyce P B Casgburri :: Ethel A. Curtin 10 '( 864 Chickering Road p s i Q 30 Foulds Terrace it g Q North Andover, MA 01845 f North Andover, MA 01845------------ 17 7777170' oa 0 1 A j ru Postage $ r ` 6l ru Postage $ q C3 Certified Fee w • n Certified Fee Postm Return Receipt Fee y G etr Return Receipt Fee j W (Endorsement Required) - � y - (Endorsement Required) p Restricted Delivery FeeO Restricted Delivery Fee I C3 (Endorsement Required) p (Endorsement Required) r - - . _ -.. - _ _ . _ _ A• -- _. _..... - O T-1 Dmfs..- P C....., Q C Michael J. Walsh fey i M MC Aloon Family Trust Linda Walsh i Er M A& J M Aloon, Tr 800 Osgood Street ---------------------- 790 Osgood Street r North Andover, MA 01845 p `` North Andover, MA 01845 1ME U.S. Postal Service S. Postal Service i CERTIFIED MAIL RECEIPT ,,. (DomesticCERTIFIED MAIL RE(Domestic Mail Only; No Insurance Coverage Provided) T Only; Ln LnLrj Er < rl.l Postage $ \� ` ,/ f1J � \ ` Postage $ •`-.t4. =- zt-Certified Fee �QD \1 - M Certified Fee os osw Return Receipt Fee P Fi i rS1 (Endorsement Required) Return Receipt Fee -N.) (Endorsement Required) C3 Restricted Delivery Fee I r -i (Endorsement Required) rS' �r % + O Restricted Delivery Fee ��� ` p (Endorsement Required) __ C] ®�® '•` 'y�osimark ,, Postma it Here 3 David V Smolag v o T.er D ufu e a gym. r^ Lisa Smolag, ; Blair Roberts -------------------- 67 Surrey Caren Jacobson Drive Er North Andover, ------------------- 0 814 Osgood �. MA 01845 Street ------------------- 1 r` North Andover, MA 01845 Mary M. Machado _ 826 Osgood Street { North Andover, MA 01845 0 L - ..:. _......_. b ._..� CERTIFIEDZ. U.S. Postal Service MAIL RECEIPT(Domestic Mail Only, No Insurance Coverage Provided) NMz r� 1i fu Ln `a �— nj postage C3 t a Certified Fee ;( { Return Receipt Fee t i cO (Endorsement Required) 1 �'? ere / Q Restricted Delivery Fee \\ C; •,,` � 1 - <. i C:3 (Endorsement Required) r-3 -1_.. \ y Aleen W. Tarro m Kathleen R. Tarro s u i u 661 Osgood Street r-3 � North h Andov r, MA 01845 q- f1J C3 Postage JC3Certified Fee -O Return Receipt Fee (Endorsement Required) 1=3 Restricted Delivery Fee r3 (Endorsement Required) O Mary M. Machado _ 826 Osgood Street { North Andover, MA 01845 0 L - ..:. _......_. b ._..� CERTIFIEDZ. U.S. Postal Service MAIL RECEIPT(Domestic Mail Only, No Insurance Coverage Provided) NMz r� 1i fu Ln `a �— nj postage C3 t a Certified Fee ;( { Return Receipt Fee t i cO (Endorsement Required) 1 �'? ere / Q Restricted Delivery Fee \\ C; •,,` � 1 - <. i C:3 (Endorsement Required) r-3 -1_.. \ y Aleen W. Tarro m Kathleen R. Tarro s u i u 661 Osgood Street r-3 � North h Andov r, MA 01845 q- 5 )ERS ON &KREIGER LLP Attorneys at Law The Bulfinch Building 47 Thorndike Street Cambridge, MA 02141 ('0018 4P-02 5024 _. adyyick Street V Sip Follad _ -- Ili,><,>,�1,1,��1i,1„i,t,li,,,i1i,„li,l,rl,i„I,1,•t ' ;1„irl on rccicled pa�`,i� COMPLETE•COMPLETE SECTIONON DELIVERYi ■ Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. A. Received by (Please print C/eaAy) B. Date of Delivery ■ Print your name and address on the reverse I r ' so that we can return the card to you. C. Signature ■ Attach this card to the back of the mailpiece, X 0 Agent or on the front if space permits. 0 Addressee 1. Article Addressed to:. D. Is delivery address different from item 1? 0 Yes If YES, enter delivery address below: 0 No Chadwick Street Nominee Trust V Scott Follansbee, Tr 79 Lucy Street Andover, MA 01845 TvpeNorth Certified Mail 0 Express Mailegistered F3.Semrice 0 Return Receipt for Merchandisensured Mail 0 C.O.D.tricted Delivery? (Extra Fee) ❑yes 2. Article N mber (Copy from service la I PS Form 3811, Jul 1999 Postal Service Y Domestic Return Receipt � A RECEIPT (DomesticIL Only; to r3 Irl — . ru Postage - O C3 Certified Fee - Postman Return Receipt Fee W (Endorsement Required) Here . r -a E-3 Restricted Delivery Fee C3 (Endorsement Required) -, - 0 Chadwick Street Nominee Trust — r” _ V Scott Follansbee, Tr 79 Lucy Street --- North Andover, MA 01845 i/ hel A. 864 Chil i ■ Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. ■ Print your name and address on the reverse so that we can return the card to you. ■ Attach this card to the back of the mailpiece, or on the front if space pen -nits. 1. Article Addressed to: Ethel.A. Curtin 864 Chickering Road North Andover, MA 01845 Road A. Received by (Please Print Clearly) I B. Date of Delivery C. Signature X ❑ Agent ❑ Addressee D. Is delivery address different from item 1? ❑ Yes If YES, enter delivery address below: ❑ No 3. Service Type ❑ Certified Mail ❑ Express Mail i ❑ Registered ❑ Return Receipt for Merchandise ❑ Insured Mail ❑ C.O.D. 4. RestriM-i rlibWlil 2. Article Number (Cop from service I 4 • • �'l0 q 3 C�4lZtzdCERTIFIED MAIL REt / - . . .. • •nly; No Insuranc ;PS.Fdrin 38,1;1„Jul 1999: Dome'stic� Return ceip ru Postage $ -� p °1 Certified Fee I � j � Return Receipt Fee j - (Endorsement Required) i C7 Restricted Delivery Fee Q (Endorsement Required) 1 0 rr Ethel A. Curtin tr 864 Chickering Road C C North Andover, MA 01845 I r t i '::%ere ; G iERSON &KREIGER LLP Attorneys at Lary The Bulfinch Building 47 Thorndike Street Cambridge, MA 02141 on recycled paper tr 1 V. r t 19 ■ Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. ■ Print your name and address on the reverse so that we can return the card to you. ■ Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: Dennis V. Drinkwater 44 South Point Lane Ipswich, MA 01938 s I{ Infflnullimill A. Received by (Please Print Clearly) I B. Dpte of Delivery C. Signature X El Agent ❑ Addressee D. Is delivery address different from item 1? ❑ Yes If YES, enter delivery address below: ❑ No 3. Service Type ❑ Certified Mail ❑ Express Mail ❑ Registered ❑ Return Receipt for Merchandise ❑ Insured Mail ❑ C.O.D. t 4. Restricted Delivery? (Extra Fee) ❑ Yes 2. Article Number (Copy from service label L� U.S. Postal Service PS Form 3811, July 1999 Domestic Return Receipt CERTIFIED MAIL RECEIPT (Domestic ..a - a 11.1 Postage O Certified Fee } Posts �ri2� Return Receipt Fee - cO (Endorsement Required) Here a • O Restricted Delivery Fee - Q (Endorsement Required)-- -- O Dennis V. Drinkwater M 44 South Point Lane Er Ipswich, MA 01938 o ----------- r N Postage $ ✓ Certified Fee , I 0 Return Receipt Fee V idorsement Required) I _ estricted Delivery Fee idorsement Required) Id. 3-q4 'lanning Board 'own of North Reading 35 North Street lorth Reading MA 01864 Postage S . J` Certified Fee 2 -' Return Receipt Fee Drsement Required) �J_J tricted Delivery Fee )rsement Required) �/ n^ /I ' q 4 Planning Board Town of Methuen 41 Pleasant Street Methuen MA 01844 9 gART�Fr�' � Postmark Here IN Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. ■ Print your name and address on the reverse so that we can return the card to yvu. ■ Attach this card to the back of the mailpiece, or on the front if space permits. i 1. Article Addressed to: A. Reeed Meas Print Clearly) B. Datc C. Signatu XZ4, Ai � D. Is livery address different from, tem 1? ❑ If , enter delivery address below: ❑ DEC 2 12001 Planning Board I Town of North Reading 235 North Street 3. Service Type ❑ Certified Mail ❑ Express Mail FR North Reading MA 01864 C1Registered 13Return Receipt for N __--________________ 11 Insured Mail 11 C.O.D. 4. Restricted Delivery? (Extra Fee) ------------------- 2. Article Number (Copy fromervice label) P; Form 3411 itily 1999 .Domestic Return Receii?t 10259° ) _ � • � �B. Date of INComplete items 1, 2, and 3. Also complete A. Received by (Please Print Clearly) j item 4 if Restricted Delivery is desired. 1! u� ■ Print your name and address on the reverse C ig so that we can return the card to you. X Q ' C A ■ Attach this card to the back of the mailpiece, A Is delivery address different from item 1? ❑ Y 9 gARTZ4- or on the front if space permits. ❑ n If YES, enter delivery address below: Postmar c.'A 1. Article Addressed to: , Here EG 2 1 2001 4 Planning Board y:. Town of Methuen 41 Pleasant Street 3. Service Type ❑Certified Mail ❑Express Mail Methuen MA 01844 ❑ Registered ❑ Return Receipt for M, -------------- ❑Insured Mail 13 C.O.D. 4. Restricted Delivery? (Extra Fee) ❑ 1 2 rt-cle Number (Copjrservice label) Q iTV 10259 Domestic Return Receipt 1 PS Form 3811, July 1999 •SECTION mplete items 1, 2, and 3. Also complete ,n 4 if Restricted Delivery is desired. c1t your name and address on the reverse that we can return the card to you. tach this card to the back of the mailpiece, A. Received by (Please Print CleartA 18. Dat C. Sin ure X D. s delivery address different from item 1? C If YES, enter delivery address below: 3. Service Type ❑ Certified Mail ❑ Express Mail ❑ Registered ❑ Return Receipt for ❑ Insured Mail ❑ C.O.D. 4. Restricted Delivery? (Extra Fee) 6 l Domestic Return Receipt t S �/� it on the front if space permits. Postage , �o) •-- Certified Fee 2 s' �`� .rticle Addressed to: Postmark Return Receipt Fee =ndorsement Required) GGC) . "tf v Here p� DEC x%001 ` - Fee U ^ S 1 .. Boxford Planning Board Restricted Delivery =ndorsement Required) r Town of Boxford Tr•-'----- "--- 2 It. - �VFR A i.,,_z 28MIddleton Road ,a Boxford Planning Board Boxford MA 01921 Town of Boxford 28MIddleton Road ----------- Boxford MA 01921 ice1labe PS Form 3811, July 1999 + A. Received by (Please Print CleartA 18. Dat C. Sin ure X D. s delivery address different from item 1? C If YES, enter delivery address below: 3. Service Type ❑ Certified Mail ❑ Express Mail ❑ Registered ❑ Return Receipt for ❑ Insured Mail ❑ C.O.D. 4. Restricted Delivery? (Extra Fee) 6 l Domestic Return Receipt t Postage $ r 3 4 Certified Fee 2 I Q Return Receipt Fee l O orsement Required) :tricted Delivery Fee orsement Required) Andover Planning Board Town of Andover 36 Bartlet Street Andover MA 01810 , , _Provided) ■ Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. . ■ Print your name and address on the reverse -edified Fee so that we can return the card to you. �Hctrerool i ■ Attach this card to the back of the mailpiece, or on the front if space permits. ement Required) .5 1. Article Addressed to: Pos�tmar�•�� Here t DE 2001 Andover Planning Board 3 Town of Andover -� 36 Bartlet Street \F</ R ;: ' Andover MA 01810 YARTLi a for Instructions p—t... R cnoe — - ty of Haverhill Planning Board --------------- unicipal Building Summer Street -------------- iverhill MA 01830 MIRRM Postage $ , 3 J% Certified Fee , 1 l/J� (� �/gp1-2001 tmark 1 Return Receipt Fee I I ��/ ier�%oo " xsement Required) y 'v tricted Delivery Fee orsement Required) OOV i" ' A. Received by (Please Print Clearly) I B. Date o C. Signature -' - • D. Is delivtA ddredifferent from item 1? El If YES, enter delivery address below: ❑ t 3. Service Type ❑ Certified Mail ❑ Express Mail ❑ Registered ❑ Return Receipt for ME ❑ Insured Mail ❑ C.O.D. 4. Restricted Delivery? (Extra Fee) ❑ Number (copy from service label / / tp �� 144.6 3/$ a;)dty 19?39 "<DOestic Return Receipt ._ t,� .F r' 102595 ■ Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. ■ Print your name and address on the reverse so that we can return the card to you. ■ Attach this card to the back of the mailpiece, or on the front if space permits__ 1. Article Addressed to: City of Haverhill Planning Board Municipal Building 4 Summer Street Haverhill MA 01830 2.Article Number (Copy -from service bel y 42 a PS Form 3811, July 1999. I ■ Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. ■ Print your name and address on the reverse so that we can return the card to you. ■ Attach this card to the back of the mailpiece, I or on the front if space permits.__ Middleton Planning Board I Town of Middleton -------------- -------------- 48 South Street Middleton MA 01949 1. Article Addressed to: Middleton Planning Board Town of Middleton 48 South Street Middleton MA 01949 ram 2 ! U 1 be..i op PS Form 3811, July 1999 `- A. Received b (Please Print Clearly) 11 B. Dfe of t: /7 y I i C. Sign re ❑ Ager ❑ Addr elivery address different from item 1? O Nos No YES, enter delivery address below: r 3. Service Type ❑ Certified Mail ❑ Express Mail ❑ Registered ❑ Return Receipt for Merct ❑ Insured Mail ❑ C.O.D. 4. Restricted Delivery? (Extra Fee) ❑ Ye WIIM 1111111114 102595 -OL ;celpt A. Received by (Please Print Clearly B. Date of Je,J� 7 2eel�,r �� C. Signature �❑ A � �k D. Is delivery address different from item 1 . ❑ N If YES, enter delivery address below: 3. Service Type ❑ Certified Mail ❑ Express Mail ❑ Registered ❑ Return Receipt for Me ❑ Insured Mail ❑ C.O.D. 4. Restricted Delivery? (Extra Fee) ❑ 10259E DomesticReturn Receipt Postage $ . .. -edified Fee 2 . V �Hctrerool :urn Receipt Fee I ement Required) .5 �a aed Delivery Fee ement Required) 3 p—t... R cnoe — - ty of Haverhill Planning Board --------------- unicipal Building Summer Street -------------- iverhill MA 01830 MIRRM Postage $ , 3 J% Certified Fee , 1 l/J� (� �/gp1-2001 tmark 1 Return Receipt Fee I I ��/ ier�%oo " xsement Required) y 'v tricted Delivery Fee orsement Required) OOV i" ' A. Received by (Please Print Clearly) I B. Date o C. Signature -' - • D. Is delivtA ddredifferent from item 1? El If YES, enter delivery address below: ❑ t 3. Service Type ❑ Certified Mail ❑ Express Mail ❑ Registered ❑ Return Receipt for ME ❑ Insured Mail ❑ C.O.D. 4. Restricted Delivery? (Extra Fee) ❑ Number (copy from service label / / tp �� 144.6 3/$ a;)dty 19?39 "<DOestic Return Receipt ._ t,� .F r' 102595 ■ Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. ■ Print your name and address on the reverse so that we can return the card to you. ■ Attach this card to the back of the mailpiece, or on the front if space permits__ 1. Article Addressed to: City of Haverhill Planning Board Municipal Building 4 Summer Street Haverhill MA 01830 2.Article Number (Copy -from service bel y 42 a PS Form 3811, July 1999. I ■ Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. ■ Print your name and address on the reverse so that we can return the card to you. ■ Attach this card to the back of the mailpiece, I or on the front if space permits.__ Middleton Planning Board I Town of Middleton -------------- -------------- 48 South Street Middleton MA 01949 1. Article Addressed to: Middleton Planning Board Town of Middleton 48 South Street Middleton MA 01949 ram 2 ! U 1 be..i op PS Form 3811, July 1999 `- A. Received b (Please Print Clearly) 11 B. Dfe of t: /7 y I i C. Sign re ❑ Ager ❑ Addr elivery address different from item 1? O Nos No YES, enter delivery address below: r 3. Service Type ❑ Certified Mail ❑ Express Mail ❑ Registered ❑ Return Receipt for Merct ❑ Insured Mail ❑ C.O.D. 4. Restricted Delivery? (Extra Fee) ❑ Ye WIIM 1111111114 102595 -OL ;celpt A. Received by (Please Print Clearly B. Date of Je,J� 7 2eel�,r �� C. Signature �❑ A � �k D. Is delivery address different from item 1 . ❑ N If YES, enter delivery address below: 3. Service Type ❑ Certified Mail ❑ Express Mail ❑ Registered ❑ Return Receipt for Me ❑ Insured Mail ❑ C.O.D. 4. Restricted Delivery? (Extra Fee) ❑ 10259E DomesticReturn Receipt ;e 11 ►IL RECEIPT P Insurance Coverage Provided) Return Receipt Fee (Endorsement Required) Restricted Delivery Fe (Endorsement Require✓ w. i x2,� 121 NH :tial rom 8 in arth d is on :ets dis- for the 27 firth Jay the the � S nan )01; "E M ;tts and t/ ims da live sed )02 ice ted I.S. )02 e s hell are the an. nal :ted ting and nt irit- ay, Copy of TheFlWeUlbune. Classified Direct 978-946-2300 Haverhill Office 978-373-8877 New Hampshire 603-893-7030 LEGAL NOTICE NOTICE OF PUBLIC HEARING PELHAM,NH Notice is hereby given that the Pelham Board of Select- men will hold a public hear- ing at 6:35 p.m. on Tuesday, January 8, 2002, in the Town Hall meeting room, 6 Main Street, regarding a proposed bond issue to raise and appropriate the sum of six million, three hun- dred seven thousand, three hundred eighty-three dollars ($6,307,383.00) for the reconstruction of the E.G. Sherburne Elementary School building for use as a police station and municipal offices, and the construction of a new public library and to authorize the issuance of not more than five million, five hundred ninety-seven thousand, three hundred eighty-three dollars (45,597,383.00) of suet sum to be raised through the issuance of bonds or notes under and in compli- ance with the Municipal Finance Act, RSA 33:1 et sea.. as amended; and fur- ther to authorize the with- drawal of up to seven hun- dred ten thousand dollars ($710,000.00) from the Municipal Building capital reserve fund, and to autho- rize the Selectmen to issue, negotiate, sell and deliver said bonds and notes and to determine the rate of inter- est thereon and the maturity andother terms thereof: and to a,uthorize the Selectmen to take any other action or to pass any other vote relative ;hereto. FT — rlarnnmhcr 'q1 9001 zo'd b LEGAL NOTICE LEGAL NOTICE NORTH ANDOVER BOARD OF APPEALS Notice is hereby given that the Board of Appeals willhold a public hearing at the Senior Center, 120R Main Street, North Andover, MA on Tuesday the 15th of January, 2002, at 7:30 PM to all parties interested in the appeal of AT&T Wireless PCS LLC by and through its Manager AT&T Wireless Services, Inc. d/b/a AT&T Wireless and Sprint Spec- trum L.P. d/b/a Sprint PCS for premises affected at the Stevens Estate, 723 Osgood Street, North Andover, MA requesting a dimensional Variance from Section 8.9, Paragraph 8.9.3c.i and 8.9.3.c.ii for relief of height requirements in order to construct one or two internal • antenna monopoles; and requesting relief of color requirements from Section 8.9, Paragraph 8.9,4,a.iii in order to comply with FAA Advisory Circular 7017460-1 K. Said premises affected is property with frontage on the east .side ;of Osgood Street within the R-1 and R- 2 zoning districts. Plans are available for review at the office of the Building Department, 27 Charles Street, North Andover, MA; Monday through Thursday from the hours of 9:00 AM to 2:00 PM. By order of the Board of Appeals William J. Sullivan, Chairman ET — December 31, 2001; January 8, 2002 ):2T zo, q1 u2f CLASSIFIED BUSINESS AND SERVICE DIRECTORY For Qualified & Professional LEGAL NOTICE COMMONWEALTH OF MASSACHUSETTS The Trial Court Probate and Family Court Department ESSEX Division Docket No. 01 P1299 -G11 NOTICE OF FIDUCIARY'S ACCOUNT To all persons interested in the estate of ANNE URBAN of Prescott House 140 Prescott Street, North Andover, MA, Essex 01845, a mentally ill person. You are hereby notified pursuant to Mass. n. Civ. P. Rule 72 that the first and final account of MARY S. PYNE as temporary Guardian (the fiduciary) of the property of said ANNE URBAN has been present- ed to said Court for allowance. M you desire to preserve your right to file an objection to said account, you or your attorney must file a written appearance in said Court at Salem on or before the sev- enth day of January, 2002 the return day of this cita- tion. You may upon written request by registered or cer- tified mail to the fiduciary, or to the attorney for the fidu- ciary, obtain without cost a copy of said account, It you desire to object to any item of said account, you must, in addition to filing a written appearance as aforesaid, file within thirty days after said return day or within such other time as the Court upon motion may order a written statement of each such item together with the grounds for each objection thereto, a copy to be served upon the fiduciary pursuant to Mass, R. Civ, P. Rule 5. WITNESS, JOHN C. STEVENS, III, Esquire, First Justice of said Court at Salem this fifth day of December, 2001, Pamela Casey O'Brien Register of Probate ET — December 31, 2001 Classified Ad Department 978-946-2300 REAL ESTATE Sells =FAST ... In The EAGLE -TRIBUNE CLASSIFIED PAGES! LEGAL NOTICE MORTGAGEE'S OF REAL Premises: 62 Capitol Street Methuen, Massacl By virtue and in execution tained in a certain mortgage and Kathryn E. Ditroia to First tion dated September 25, 19 County (Northern District) Re( Pagc 253, of which mortgage sent holder, for breach of the and for the purpose of foredo Public Auction on the 17th d; 11:00 A.M. at or upon the moi Street, Methuen, Massachu being all and singular the prer gage, To wit: The land in Methuen, in th buildings thereon, situated on Street and being shown as "Maplewood Heights, Subdivie Mass'", March 27, 19664 (sit Sons, Inc. C.E's which plan North District Registry of Dee bounded: NORTHERLY by said Capi EASTERLY by Lot 11. on s SOUTHERLY by a stone w, Vincent H. lacozzi, et ux, 100. WESTERLY by lot 13 on s Containing 10,246 square t The premises are conveyer for all purposes for which wa% Capitol Street, as shown on premises to Windsor Street; < the benefit of easements, re reservations of record, if any t. are in force and applicable. Being the same premises John W. Griffin and Diane recorded herewith. TERMS OF SALE: Said pa veyed subject to all outstandi! taxes, tax titles, assessments, of liens, rights of tenants and existing encumbrances of rea dence over the said mortgage FIVE THOUSAND DOLLAI must be paid by certified, bt check at the time and place of a deposit. The balance of the in cash, or by certified check,! treasurer's check within 30 Offices of Shapiro & Kreismal Post Road, Sudbury, MA 0 description for the premises shall control in the event of Othe *ms to be announc / Homeside U PRESENT HOL -- December 24, 31, 200 N • .._' _ ......�. vuork are sublect to I . ,v'-Rte..•-•^:v..� ,... .. i_: C.1. .LJS'l. ®,1- lk..Y,gryp,1 �... .. ... ,- 1V Vp\I V,I. V Ii.yVV.VV 1 Written obiection to the DpIVORCEISEPARATE 1 by LOCAL ;then th '•area and/o land Protection Bylaw. i l Applicability tiled SUPPORT SUMMONS I application, LICENSING AUTHORITY, James or Determination of ed it the following proposed I BY PUBLICATION must be received by ;e to determine two existing buildings at 65 - 68 Lowell of the Mass SANGELA APAR�CIDA zACCHt. F Driscoll. General Counsel, MasSacnusetts State Lot are subject to the jurisdiction Inds Protection Act and the Andover Wet- for Build plaintiff v 60Columbian Street. �'6er'a'l'ntree,MA 02184, within Bylaw: construct new entrances instruct new handicap access ramp at AURELIO JOSE Z 21 da ofACCHI, this notice. Arthur Buckley )and building footing sand construct new and interior stag, remove a portion Of Defendant To the above named Manager/Licensing Talk construct a landscaped area at Build. Defendant: - January 8, 2002 and has been Applicability filed by for Determination of App Y it the boundaries of A Complaint presented to this Court e Leyne to determine s are accurately depicted on a plan of 3 restoration the Plaintiff, ROSANG -A ZAC Hl. O° ~ and, whether the proposed p0otrbuffer arbed areas within the hHIBIT Wetlands Pro seeking DIVORDA CE. DEFENDANT diction of the Massacusetts FROM IMPOSING ANY y t for Determination of Apphcabilityfiled osed if the following prop RESTRAINT ON PLAIN TIFF'S PERSONAL LIB tf s Ickes to determine subject to jurisdiction of the ERTY, GRANT HER CUS- w iver Street is Wetlands Protection Act: remove and TODY OF THE GRIL- tl its �gg front porch: remove and replace existing all new basement porch; Install new storage p REN • ORDER SUP- n PORT O F PLAINTIFF ,rade side yard. and applications may be examined in the AND CHILDREN, ORDER J CONVEYANCE OF REAL t Commission Office at the above address. Donald D, cooper, Chairman PLAIATE AND t TO RESUME NT FF i S. 2002 FORMER NAME OF RIT- I TON. NOTICE .LEGAL NOTICE An Automatic Rebe n- ing Order has been CPCY OF HAVERHILL entered in this matter pre MASSACHUSETTS 01830 venting you from taking ,VERHILL BOARD OF APPEALS will hold their any action which would TARING ON WEDNESDAY EVENING, JANU- negatively impact the cur - 32 at 7,00 p.m, in ROOM 202, CITY COUNCIL rent financial status of S, HAVERHILL CITY HALL, to hear the follow- either party. Please refer to Supplemental Probate )!icy of Appeal Notification: Policy read into Court Rule 411 for more or all Interested parties present at the meeting. information. I OF OFFICERSgto Real You are required to , B. Collett,Jr.,Trustee of Finney serve upon DAVID R. .r 52-58 Washington Street: Applicant seeks H A R S C H attorney f o r ig dimensional variances prior to application to plaintiff - whose address is �uncil for a special permit to expand from 8 units 81 Bassett Lane, Hyannis, s. Lot area of 6,051 sit where 17,000 sit are MASS 02601 your answer M or before March 4th, frontage 56.29' where 100' are required; front 2n Ii you fail to do so. ,vhere 10' are required; side yard of 01 where 20 ad; rear yard of 91 where 20' are required. Maxi the court will proceed to ling coverage of 82.7% where 60e is allowed the hearing and adjudica- )r area ratio of 3 where 2 is allowed in the CC tion of this action. You arc also required to file a cop) n Spillane for 18 River Bank Circle: Applicant of your answer in the offic( lirnensional variance 10 erecta 10' x 14' sunroom of the Register of thii tr yard setback of 19.2' where 30' are required in Court at Essex Probate, 3i )ne.Thorndike Federal St., Salem, Mass ard Day for Federal Street corner of 01970• applicant seeks the following dimensional vari- Witness, John C construct a two family home in the RH zone. AreaStevens 111, Esquire, Fin SA where 9,600 Wt; rear yard of 10.12' where 30' Justice of said Court tired; front yard of 10' where 20' are required; lot Salem this 13th day f 45+/- average where 100'; frontage 4f. 77.61 December, 2001. 0' are required In the RH zone. Pamela Casey O'She -istian & Diane Brackett for 1096 Broadway: Register of Probate COL dimensional and density requires a minimum side ET _ January 1, 8, 1 25', Applicant has a minimum of 10.2', 18.91 and 2002 the FIR zone. rithia Tatarosian-Augustin for N. Broadway: tnt wishes to construct a one family 2 bedroom )n 15.559 s/f where 20,000 sif is required and with mtage where 150' is required in the RM zone. (Map IK, IS, Lots 3 & 4) iverhill Co -Operative Bank for 1094 and 1096 Street: A proposed change and alteration of the g non -conforming use and structures from green - and retail florist sales to a bank_-F+r 5 Beacon TO'd 170:pT Z0. ST Pr EC D S' EG AL NOTICE c LEGAL NOTICE NORTH ANDOVER r BOARD OF APPEALS Nolice is hereby given t at the Board of Appeals I ill hold a public hearing at to Senior Center. 1208 Iain Street, North Andover, IA on Tuesday the 151h of anuary, 2002, at 7:30 PM all parties interested in 1e appeal of AT&T Wireless 'CS LLC by and through its Aanager AT&T Wireless >ervices, Inc. d/b/a AT&T Nireless and Sprint Spec - rum L.P. d/b/a Sprint PCS for premises affected at the Stevens Estate, 723 Osgood Street. North Andover, MA requesting a dimensional Variance from Section 8.9, Paragraph t3.9.3c.i and o.9.3.c.ii for relief of height requirements in order to construct one of two internal antenna monopoles; and requestinc relief of color requirement from Seclion 6.9, Paragrapl S 9h .a iiiFAAiAdv Advisory Ciorder 10on upa 7017460 1 K. Said premises affected property with frontage c the east side of Osgoc Street within the R-1 and 1 2 zoning districts. Plans are available f revlew at the office of tl Building Department, Charles Street. Nor Andover. MA', Mond i through Thursday from t ;t hours of g:00 AM to 2: tt :OMMONWEALTH OF MASSACHUSETTS The Trial Court obate and Family Court Department ;SEX Division 9cket No- 01 W-CB22-PA1 ammons By Publication EDUARDO DEJESUS. Plaintiff V. MARILYN FIGUEROA, Defendant To the above named efendanL, A Complaint has been resented to this Court by ne Plaintiff, EDUARDO )EJESUS, seeking PATER- JITY. CUSTODY OF JULIS- 3A DEJESUS. Yoii are required to serve -poa EDUARDO - Whose DEJESUS IS 7 DAISY STREET, LAWRENCE, MA 01841 your answer on or before March 26th, 2002. If you fail to do so, the court wilt Pro- ceed to the hearing and adjudication of this action. You are also required to file a copy of your answer in the office of the Register of this court at Salem. Witness, Edward J. Rock- ett, Esquire, First Justice of said Courtat Salem, this DECEMBER 11th day of 2001 Pamela Caseyt0'Brien Register of Probate Court I ET — January 8, 15, 22, 2002 i LEGAL NOTICE COMMONWEALTH OF S MASSACHUSETTS It The Trial Court d Probate and Family Court I- Department ESSEX Division Dr Docket No- 01 W-0821-PA1 le Summons By Publication ?7 EDUARDO DEJESUS, th Plaintiff a V. he MARILYN FIGUEROA, 00 Defendant PM. To the above named )t By order of the Board of Defendant: Appeals A Com int has been William J Sullivan, Chairman ET - December 31, 2001; January S. 2002 ,j LEGAL NOTICE � LEUAL INv k 1%'u' TOWN OF ANDOVER In accordance with the provisions of the Massachusetts Act, M.G.L. Chapter 131, Section 40, Wetlands Protection and the Andover Wetland Protection Bylaw, the Andover c metin, Conservation Commission will conductay, January 5e 2002 commencing at 7:45 P in the third-floo( conference room otAt, nn theoNot ce Of UPC )resen o this Court by he aintiff, EDUARDO JESUS, seeking PATER- NITY, CUSTODY OF EDUARDO DEJESUS, JR. You are required to serve upon EDUARDO DEJESUS - plaintiff - whose address IS 7 DAISY STREET, LAWRENCE, MA 01541 your answer on or before March 26th, 2002. It you tail to do so, the court will pro- ceed to the hearing and adjudication of this action. %/. ­& altrl fenuire to tlle_, 10 STEPHEN D. ANDERSON Also admitted in Cr ARTHUR P. KREIGER Also admitted in NY GEORGE A. HALL, JR. ANDERSON KREIGER LLP Attorneys at Lazo The Bulfinch Building 47 Thorndike Street Cambridge, MA 02141 (617) 252-6575 Fax: (617) 252-6899 December 14, 2001 ACHESON H. CALLAGHAN Of Counsel DOUGLAS H. WILKINS Of Counsel PETERJ.CURA JEFFREY L. ROELOFS DAWN STOLFI STALENHOEF To the Abutters/Parties in Interest for Stevens Estate, 723 Osgood Street, North Andover On the Attached List RE: NOTICE OF CRANE TEST PRIOR TO ZONING BOARD PUBLIC HEARING APPLICANTS: (1) AT&T Wireless PCS LLC by and through its Manager AT&T Wireless Services, Inc. d/b/a AT&T Wireless and (2) Sprint Spectrum L.P. d/b/a Sprint PCS OWNER: Town of North Andover SITE: Stevens Estate, 723 Osgood Street, North Andover Dear Abutter/Interested Party: You will soon be receiving an official notice of a public hearing by the North Andover Board of Appeals concerning the applications of AT&T Wireless PCS LLC and Sprint Spectrum L.P. for certain zoning relief to permit their respective installation and operation of proposed wireless communication facilities at the Town -owned Stevens Estate, 723 Osgood Street, North Andover, on a proposed 100' two -carrier monopole with internal antennas. In preparation for that hearing, the carriers will be conducting a crane test on Tuesday, December 18, 2001, from approximately 9:00 a.m. to approximately 1 p.m., to simulate the height of the proposed pole. Photos will be taken from various angles and will be available for inspection at the public hearing. The purpose of this letter is to let you know the date and time of the proposed test in the event you want to view it in person. If you have any questions concerning the application please feel free to call me. Sin cerel «irk Steph D. Anderson San rson@andersonkreiger.com SDA/kmf Enclosure cc: North Andover Board of Appeals (by fax 978-688-9542) and its Members and Associate Members (by mail) atdnandovrstevensWabutters.notice1 C! Printed on recycled paper 's City of Lawrence Airport William Chepulis Goodwin Trust Commission James Chepulis c/o Russell Treadwell 492 Sutton Street 1018 Osgood Street 3667 Huntington Place Drive North Andover, MA 01845 North Andover, MA 01845 Sarasota, FL 34237 Michael L. Kettenbach Douglas N Howe Jr R & M Realty Trust c/o RMD Janice W Howe R C Stoddard, M A C Ikacz 881 East Street 665 Osgood Street 1060 Osgood Street Tewksbury, MA 01876 North Andover, MA 01845 North Andover, MA 01845 Albert F. Cullen, Jr. Town of North Andover CYR Associates Maeve M Cullen 120 Main Street PO Box 207 605 Osgood Street North Andover, MA 01845 Lawrence, MA 01842 North Andover, MA 01845 George W. Ousler, Jr. China Blossom Realty Trust John P. Routhier, Jr. Deanna M Ousler Richard Yee, Tr Mary E. Routhier 623 Osgood Street 946 Osgood Street 59 Surrey Drive North Andover, MA 01845 North Andover, MA 01845 North Andover, MA 01845 John Ferreira Landers Building Condominium Dennis V. Drinkwater 980 Osgood Street 1000 Osgood Street 44 South Point Lane North Andover, MA 01845 North Andover, MA 01845 Ipswich, MA 01938 850 Osgood Street Trust Gail E. Oja Annina Faraci Anne Marie Ryan, Tr 177 Chadwick Street 838 Osgood Street 850 Osgood Street North Andover, MA 01845 North Andover, MA 01845 North Andover, MA 01845 Kirk G. Olsen Knights of Columbus Association David V. Smolag Janet D. Olsen Inc. Lisa Smolag 159 Chadwick Street 505 Sutton Street 67 Surrey Drive North Andover, MA 01845 North Andover, MA 01845 North Andover, MA 01845 Testa Realty Trust Armando J. Vera Chadwick Street Nominee Trust Mary C. Testa, Tr Maritza E. Vera V Scott Follansbee, Tr 75 Surrey Drive 83 Surrey Drive 79 Lucy Street North Andover, MA 01845 North Andover, MA 01845 North Andover, MA 01845 North Andover Housing Authority Michael J. Walsh Blair Roberts 310 Greene Street Linda Walsh Caren Jacobson North Andover, MA 01845 800 Osgood Street 814 Osgood Street North Andover, MA 01845 North Andover, MA 01845 Mary M. Machado MC Aloon Family Trust Ethel A. Curtin 826 Osgood Street M A & J M Aloon, Tr 864 Chickering Road North Andover, MA 01845 790 Osgood Street North Andover, MA 01845 North Andover, MA 01845 11� AVERY` Address Labels Laser 5? 60'7'' Onofrio Casqburri Joyce P B Casqburri 30 Foulds Terrace North Andover, MA 01845 Henry F. Har Margaret Davis 25 Stacy Drive North Andover, MA 01845 Thomas P. Rockwell, Jr. WM P Rockwell Living Revoc 676 Osgood Street North Andover, MA 01845 Thomas P. Rockwell William P. Rockwell 696 Osgood Street North Andover, MA 01845 Address r 1 AVERY dd ess Labe s Nina M. Gaffney 15 Colgate Road North Andover, MA 01845 Selco Service Station 127 Public Square Cleveland, OH 44114 Josephine Palazzolo 190 Prescott Street North Andover, MA 01845 Aleen W. Tarro Kathleen R. Tarro 661 Osgood Street North Andover, MA 01845 Jeanett G. Sutton 14 Colgate Road North Andover, MA 01845 Douglas E. Daher 841 Chickering Road North Andover, MA 01845 Thomas P. Rockwell 696 Osgood Street North Andover, MA 01845 Kindred Realty Trust David AA Branda Kindred PO Box 531 North Andover, MA 01845 Laser 51600 THOMAS J. URBELIS e-mail tju@ufb.com Mark Rees North Andover Town Offices 120 Main Street North Andover, MA 01845 URBELIS & FIELDSTEEL, LLP 155 FEDERAL STREET BOSTON, MASSACHUSETTS 02110-1727 Telephone 617-338-2200 Telecopier 617-338-0122 October 3, 2002 RE: STEVENS ESTATE LEASE WITH SPRINT Dear Mark: Andover Telephone 978-475-4552 Enclosed are four copies of the Lease signed by Sprint Spectrum LP. After approval by the Selectmen, please insert dates, sign and initial where indicated. Note that a notary public acknowledgement is also required. Please return three copies to me. I shall retain one and send two copies to Sprint's attorney. Please call if you have any questions. Very truly yours, J" v"i1 Thomas J. belis Enclosures TJU/lah cc: Board of Selectmen (w/out enc.) Heidi Griffin (w/out enc.) J. William Hmurciak (w/out enc.) DECEOY1 OCT 222 oozD BOARD OF APPEALS s:\wp51\workln-andove\stevens estatetrees.1tr3.dm LEASE AGREEMENT THIS LEASE AGREEMENT ("Agreement") dated as of the last date below, is entered into by the TOWN OF NORTH ANDOVER, Municipal Building, 120 Main Street, North Andover, MA 01845 (hereinafter referred to as "Town") and Sprint Spectrum L.P., One International Boulevard, Suite 800, Mahwah, New Jersey 07495, Attention: Lease Management (hereinafter referred to as "Tenant"). BACKGROUND The Town owns that certain plot, parcel or tract of land, together with all rights and privileges arising in connection therewith, known as Stevens Estates at Osgood Hill, located at 723 Osgood Street, North Andover, MA (Assessor's Map 35, Parcel 23; Essex North Registry of Deeds Book 4197, Page 63) (collectively "Property"). Tenant desires to use a portion of the Property in connection with its federally licensed communications business. The parties agree as follows: 1. LEASE OF PREMISES. The Town leases to Tenant a certain portion of the Property containing approximately 1,600 square feet as described on attached Exhibit 1, together with a non- exclusive easement(s) for reasonable access thereto and to the appropriate, in the discretion of Tenant, source of electric and telephone utilities, in the locations approximately shown on Exhibit 1 (collectively, the "Premises"). 2. PERMITTED USE. (a) Tenant may use the Premises for the transmission and reception of communications signals and the installation, maintenance, operation, repair and replacement of its communications fixtures and related equipment, cables, accessories, back-up power sources (including generators and above -ground fuel storage tanks) and related improvements (collectively, the "Communication Facility"); such use includes the right to test, survey and check title on the Property and the right to construct a monopole, associated antennas, an equipment shelter or cabinet, and fencing and any other items reasonably necessary to the successful and secure operation of the Communication Facility. The Tenant has the right to install and operate transmission cables from the equipment shelter or cabinet to the antennas, electric lines from the main feed to the equipment shelter or cabinet and communication lines from the main entry point to the equipment shelter or cabinet, and to make Property improvements, alterations, or additions appropriate for Tenant's use ("Tenant Changes"). Tenant Changes include the right to construct a fence around the Premises and undertake any other reasonably appropriate means to secure the Premises. Tenant agrees to comply with all applicable governmental laws, rules, statutes and regulations; relating to its use of the Communication Facility on the Property. Tenant will be allowed to make such alterations to the Property in order to accomplish Tenant's Changes or to insure that Tenant's Communication Facility complies with all applicable federal, state or local laws, rules or regulations_ Tenant shall not install any lighting on the.Tower (defined below) unless required by the Federal Aviation Administration ("FAA"). In the event the FAA requires lighting on the Tower, all lighting installed on the Tower will comply with applicable FAA rules, regulations and requirements and such lighting will not be materially greater in number or intensity than that required by the FAA. Tenant shall not use the Premises for any other purpose without the written consent of the Town. (b) The Communications Facility will consist of the installation of one free-standing monopole, not to exceed 100 feet in height without the Town's prior written consent, with internal antennas capable of accommodating one or more federally licensed carriers (the "Tower"). Any additional structures, including structures to house equipment and utility connections necessary for operation of the Communications Facility, shall be designed and located to have (1) minimal impact on the existing use of the Property and (2) minimal visual impact on the surrounding land and (3) shall be no greater than 480 square feet in size and one story in height, as approximately shown on Exhibit 1, without Town's prior written consent. Existing vegetation, suitable landscaping or other means to the maximum extent feasible must screen the monopole and equipment area, as approximately shown on Exhibit 1. 3. TERM. (a) The initial lease term will be five (5) years ("Initial Term"), commencing upon the Commencement Date, as defined below. The Initial Term will terminate on the last day of the month in which the fifth annual anniversary of the Commencement Date occurred_ (b) This Agreement will automatically renew for five (5) additional years (the "Extension Term") unless Tenant provides the Town with notice of its intention not to renew not less than ninety (90) days prior to the expiration of the Initial Term, upon the same terms and conditions. (c) The Initial Tema, and the Extension Term are collectively referred to as the Term ("Term"). 4. COMMENCEMENT DATE. The Initial Term of this lease shall commence thirty (30) days following Tenant's notice to the Town in writing that Tenant has obtained all permits and approvals necessary for Tenant to be legally entitled to construct a facility for providing cellular telephone services at the Premises, which permits and approvals shall be pursued with due diligence; provided, Tenant shall not be obligated to commence any litigation in connection with such permits or approvals. 5. RENT. (a) Beginning on that date (the "Rent Commencement Date") which is the earlier of (i) six (6) months after execution of this Agreement by both Town and Tenant or (ii) the Commencement Date, Tenant will pay the Town a monthly rental payment of $2,300, plus any applicable tax, to the Town, at the address set forth above. Rent will be payable semi-annually, in advance, and prorated for any partial month. (b) On each anniversary of the Rent Commencement Date, the monthly rent will increase by three (3%) percent over the previous year's monthly rent. 6. IMPROVEMENTS/MAINTENANCE. (a) The Tenant shall be responsible for the construction and installation of all equipment necessary to operate the Communications Facility, including necessary utility and telecommunications connections. (b) The Tenant shall be responsible for the maintenance and operational costs of the facility. (c) The Town makes no representations of any kind with respect to the Premises, its adequacy to support the equipment, or its appropriateness for the intended use. Tenant will be permitted to inspect any plans, and other records relating to the property in the possession of the Town, and willhave access to the Property to make., inspections, perform engineering surveys and tests at its own expense and with the prior approval of the Town, such approval not to be unreasonably withheld, conditioned, or delayed, and otherwise to assure itself that the Premises will be suitable for the proposed use. Tenant will be responsible for determining the suitability of the Premises for its intended purposes, and agrees to indemnify the Town for any damage to the property of the Town or to any person arising out of its inspection or testing of the Premises. (d) The Town shall have a right of access to the Premises at all times, to inspect the Communications Facility, to take necessary actions to protect the property or persons on the Property, to enforce the terms of the Lease Agreement, or for any other purpose, provided, in no event shall the Town touch or interfere with Tenant's antennas, base station equipment or related equipment. The Town will give the Tenant at least twenty-four hours prior written notice of any request for access to the Premises, except in the event of an emergency posing imminent risk of injury or death to persons or damage to property, in which case the Town will provide notice to Tenant describing the purpose and scope of such access within twenty-four (24) hours after such access. (e) The Tenant agrees that the installation of its equipment and its use will not interfere with use of the Town's property for any purpose for which the Property is being used as of the date the Lease has been executed by both parties. The Tenant also agrees that its use of the Premises will not interfere with use of the Property for wireless communications by other lessees and will make such reasonable changes or modifications to its equipment as may be required by the Town to eliminate or minimize such interference; provided, however, that in no event shall Tenant be required to make any changes or modifications to its equipment that would adversely affect the propagation characteristics of Tenant's Communications Facility or otherwise adversely affect the quality of service provided by the Communications Facility. Tenant and the Town acknowledge that Tenant will be leasing space on the Property to AT&T Wireless PCS, LLC, by and through its Manager, AT&T Wireless Services, Inc. ("AWS") for installation of AWS's communications facility. AWS will pay rent directly to the Town for its use of the Property, in the amounts and with the annual escalation set forth in Section 5 above, and shall be subject to the same terms and conditions with respect to lease term and termination rights and penalties as set forth in Sections 3 and 11 of this Agreement; provided, SSLP and AWS have entered into or will enter into a separate agreement(s) providing for the sharing of site development costs for the Tower and/or related improvements at the Property and such other terms and conditions as are mutually acceptable to SSLP and AWS and not otherwise inconsistent with the terms and conditions of this Lease (including, without limitation, SSLP's and AWS's mutual obligations with respect to interference caused to or by each party's equipment). (f) If the Tenant fails to apply for any permits or approvals necessary to construct or install -its facilities within six (6) months after execution of the Lease, and to proceed to construct or install such facilities within three months after obtaining all such permits and approvals, the Town may terminate the Lease upon written notice to Tenant and, upon termination, the Town shall be free to lease or otherwise dispose of the Premises as it may determine. (g) The Tenant shall not be permitted to begin construction or installation of equipment before obtaining all necessary permits. (h) Rent of the Tenant shall be payable semi-annually in advance. (i) The Tenant shall obtain all necessary permits, licenses, and approvals (collectively, "permits") from the United States, the Commonwealth of Massachusetts, and the Town, necessary for the location and operation of its Communications Facility at the Premises and shall furnish the Town with copies of such permits before commencing construction or installation of equipment at the Premises. The Tenant shall comply with all statutes, regulations and by-laws relating to the maintenance and operation of the Communications Facility. 7. INSURANCE. Tenant will carry during the Term, at its own cost and expense, the following insurance: (i) 4 "All Risk" property insurance for its property's replacement cost; (ii) commercial general liability insurance with a minimum limit of liability of $5,000,000 combined single limit for bodily injury or death/property damage arising out of any one occurrence; and (iii) Workers' Compensation Insurance as required by law. The Tenant will have the Town named as an additional insured on all policies. 8. INDEMNIFICATION. (a) Tenant agrees to indemnify, defend and hold the Town and its employees and officials harmless from and against any injury, loss, damage or liability (or any claims in respect of the foregoing), costs and expenses (including reasonable attorneys' fees and court costs) arising out of the installation, use, maintenance, repair or removal of the Communication Facility or the breach of any provision of this Agreement, except to the extent attributable to the negligent or intentional act or omission of the Town, its employees, agents or independent contractors. (b) The Tenant shall indemnify, defend and hold harmless the Town, and any and all employees, or elected or appointed officials against any and all claims, whether acted upon prior to or during the lease, arising from any - --persons'or corporation who make claims against the Town, and/or any and all employees,. and/or elected or appointed officials, for action arising from the Tenant's failure to fulfill obligations and perform their full due diligence, whether written or implied, to the person or corporation with which the Tenant had made agreements, or proposals, to locate on the property of the person or corporation making the claim. Such indemnification shall include any and all costs for the defense of such claim including reasonable attorney's fees. 9. NON-DISCRIMINATION. The Tenant shall not discriminate against any qualified employee or applicant for employment because of race, color, national origin, ancestry, age, sex, religion, or physical/mental handicap. The Tenant agrees to comply with all applicable Federal and State statutes, rules and regulations prohibiting discrimination in employment. If a complaint or claim alleging violation by the Tenant of such statutes, rules, or regulations is presented, the Tenant agrees to cooperate in the investigation and disposition of complaint or claim. The Town shall impose such sanctions as it deems appropriate for noncompliance with this section. 10. MAINTENANCE; UTILITIES. (a) Tenant will keep and maintain the Premises in good condition, reasonable wear and tear and damage from the elements excepted; provided, however, if any such repair or maintenance is required due to the acts of the Town, its agents or employees, the Town shall reimburse Tenant for the reasonable costs incurred by Tenant to restore the damaged areas to a condition which existed immediately prior thereto. The Town will maintain and repair the Property (other than the Premises) and access thereto, in good and tenantable condition, subject to reasonable wear and tear and damage from the elements. (b) Tenant will be solely .responsible for and promptly pay all utilities charges for electricity, telephone service or any other utility used or consumed by Tenant on the Premises. The Town will cooperate, at no cost to the Town, with Tenant in Tenant's efforts to obtain utilities from any location provided by the Town and/or the servicing utility company, including signing any license or permit (but not to include an easement) required by the utility company. 11. TERMINATION.. A. The Town may terminate this Lease upon occurrence of any of the following: (a) Failure by Tenant to pay any rent required hereunder when due, if such failure shall continue for more than ten (10) calendar days after delivery to Tenant of written notice of such failure to make timely payment, or (b) Failure by Tenant to comply with any material term, condition or covenant of Lease, or the failure to comply with any condition of any permit, license, special permit or approval granted to Tenant, or its agents or assigns authorizing and permitting the intended use and/or- structures necessary.thereto, othenthan.,the payment.of. . Rent, if such failure is not cured within thirty (30) days within after written notice thereof to Tenant, or in the event of a cure which requires in excess of thirty (30) days to complete, if Tenant has not commenced such cure within thirty days of such notice and is not diligently prosecuting said cure to completion. B. Tenant may terminate this Lease by written notice to the Town, without further liability, upon occurrence of any of the following: (a) If Tenant does not obtain all permits or other approvals (collectively, "approval") required from any governmental authority or any easements required from any third party to operate the Communications Facility, or if, through no fault of Tenant despite Tenant's commercially reasonable efforts to maintain the same, any such approval is canceled, expires or is withdrawn or terminated; (b) If the Town fails to have proper ownership of the Premises or authority to enter into this Lease; (c) If Tenant reasonably determines that, based upon an environmental site assessment performed on Tenant's behalf at Tenant's sole cost, the Premises are unsuitable for Tenant's intended use; (d) The Town is in default under this Lease for a period of ten (10) days following receipt of notice from Tenant with respect to a default which may be cured solely by the payment of money; 6 Site Name: Steven's Estates, No. Andover, MA Memorandum of Lease Agreement Site I.D.: BS54XC86D Thist memorandum evidences that a lease was made and entered into by written Lease Agreement dated q. 2002 between the Town of North Andover ("LANDLORD"), a Massachusetts municipal corporation with an address at Municipal Building, 120 Main Street, North Andover, MA 01845 and Sprint Spectrum L.P. (`TENANT") a Delaware limited partnership having an address at One International Boulevard, Suite 800, Mahwah, NJ 07495, Attention: Lease Management. Such Agreement provides in part that LANDLORD leases to TENANT a certain site ("Site") located at 723 Osgood Street, in the Town of North Andover, County of Essex Commonwealth of Massachusetts, within the property of LANDLORD which site is described in Exhibit A attached hereto, with grant of easement for unrestricted rights of access and�/ electric and telephone utility service,thereto �for �an Initial Term of five (5) years, commencing .' �t r• / r� I,Pu� and terminating on N -fUli •",� rich term shall be renewed for one (1) additional fiv -year eF�n wail Term unless TENANT provides LANDLORD notice of its intention not to renew not less than 90 days prior to the expiration of the Initial Term or any Renewal Term. IN WITNESS WHEREOF, the parties have executed this Memorandum as of the day and year first above written. "LANDLORD" Town of No Andover, a Massachusetts Municipal c0poration BY: k-14 1-e-diJ Name: Mark Rees Title: Town Manager Address: Municipal Building 120 Main Street North Andover, MA 01845 13 "TENANT" Sprint Spectrum L.P., a Delaware limited partnership : BY Name: Michael W. Loucy Title: Director, Site Development, Northeast Region Address: 1 International Drive, Suite 800 Mahwah, NJ 07495 Attention: Lease Management (e) The Town is in default under this Lease for a period of thirty (30) days following receipt of notice from Tenant with respect to a default which may not be cured solely by the payment of money; or Lease. (f) After the Initial Term, if Tenant, for any other reason, in its sole discretion, elects to terminate this Upon termination, all prepaid rent will be retained by the Town unless such termination is due to the Town's failure of proper ownership or authority, or such termination is a result of the Town's default. Upon termination pursuant to subsection (f) above after the Commencement Date, then in addition to the Town's right to all prepaid rent, Tenant shall pay to the Town a termination fee equal to fifteen (15) times the monthly rental payment in effect on the date notice of such termination is given. In the event of termination under this Section 11, Tenant will restore the Premises in accordance with the provisions of Section 14, below. 12. WARRANTIES AND COVENANTS. A_ Tenant warrants and covenants that throughout the term of this Lease, Tenant shall maintain insurance in the amounts and forms specified in Section 7 of this Lease. In addition, - - .. -- 1. Tenant shall -furnisk and maintain a Tenant's (construction) liability -policy with_a single.. combine4 limit: or $5,000,000 against claims arising out of and in connection to its construction activities on the Premises and Property. Tenant shall furnish the Town with a certificate indicating applicable coverage, which identifies the Town as an additional insured, prior to the Commencement Date and annually thereafter. Tenant shall maintain the Premises in a clean, safe and sanitary condition throughout the Lease Term. B. The Town represents and agrees (a) that the Town has received no notices that the Property (including the Premises), or any improvements located thereon, are in violation of any building, life/safety, disability and other laws, codes and regulations of applicable governmental authorities; and (b) that Tenant is entitled to access to the Premises at all times and to the quiet possession of the Premises throughout the Term (including any renewals or extensions) so long as Tenant is not in default beyond the expiration of any cure period. 13. LIABILITY AND INDEMNIFICATION. Tenant shall at all times comply with all laws and ordinances, and all rules and regulations of municipal, state and federal governmental authorities relating to the installation, maintenance, height, location, use, operation, and removal of improvements authorized herein, and shall fully indemnify the Town against any loss, cost or expense which may be sustained or incurred by the Town as a result of the installation, operation or removal of such improvements. Except for the acts of the Town and the Town's agents or employees the Town shall not be liable to the Tenant for any loss or damages arising out of personal injuries or 7 property damages to the Premises. 14. SURRENDER. Within thirty (30) days following expiration or earlier termination of this Lease, the Tenant shall remove all its personal property and equipment installed at the Premises, and shall, at the request of the Town, remove the tower to be erected by Tenant at the Premises and any accessory building erected by it at the Premises, including any utility connections, and shall restore the Premises to its pre-existing condition, ordinary wear and tear and casualty loss excepted. If the Town does not require removal of the tower or buildings installed by or through the Tenant, it may, by written notice given within five (5) business days of the effective date of such expiration or termination, require the Tenant to transfer such building, structures and connections (but not Tenant's antennas, cables or related equipment), without representation or warranty of any kind, to the Town, or its designee, unless such termination is the result of the Town's default or failure to have proper ownership of the Premises or authority to enter into the Agreement_ In the event of termination of this Lease as the result of the Town's default or failure to have proper ownership of the Premises or authority to enter into this Agreement, Tenant shall remove its equipment and improvements -(including the-Tower)�and will -restore .the-Premises.to substantially the condition existing on the date the Lease has been executed by both parties, except for ordinary wear and tear and casualty loss. Tenant shall, on the Commencement Date of the Lease, provide the Town with a bond in favor of the Town in the amount of $5,000 to secure the completion of the restoration of the Premises. Upon Tenant's surrender of the Premises any equipment and/or structures remaining on the Premises shall become the property of the Town, without representation or warranty of any kind by Tenant. 1s. ASSIGNMENT AND SUBLETTING, Tenant shall not assign, sublet or otherwise transfer or encumber all or any part of Tenant interest in this Lease without prior written consent of the Town, which consent shall not be unreasonably withheld, conditioned or delayed. The Town's failure to respond to Tenant's request for approval to any assignment, sublease or other transfer within forty-five (45) days of written request from Tenant shall be deemed to signify the Town's consent to such assignment, sublet or transfer. The Town hereby expressly acknowledges and consents to (a) Tenant's sublease of space at the Premises to AT&T,- provided, in no event shall such sublease be inconsistent with the terms and conditions of this Lease; and (b) Tenant's assignment of this Lease to its affiliate, Sprint Spectrum Realty Company, L.P., a Delaware limited partnership; provided, such assignment shall not relieve Tenant of its obligations under this Lease. 16. NOTICES AND OTHER COMMUNICATIONS. Every notice required by this Lease shall be delivered by postage prepaid return receipt requested certified mail addressed to the party for whom intended at the address appearing in the fust paragraph of this Lease or at such other address as the intended recipient shall have designated by written notice. 17. HAZARDOUS SUBSTANCES. The Town represents that it has received no notice of any violations of applicable federal, state or local laws or regulations with respect to the presence of any substance, chemical or waste, oil or hazardous material (collectively, "Hazardous Substance") on the Premises or Property that is identified as hazardous, toxic or dangerous in any applicable federal, state or local law or regulation. Tenant agrees that it will not use, generate, store or dispose of any Hazardous Substance on, under, about or within the Premises in violation of any law or regulation. The Town hereby agrees that it will not use, generate, store or dispose of nor permit the use, generation, storage or disposal of any Hazardous Substance on, under, about or within the Premises or Property in violation of any law or regulation. 18. WAIVERS. Any waiver of any right under this Lease must be in writing and signed by the waiving party. 19.` '' ' —REQUEST FOR PROPOSAL_ Ail of the terms 'and `conditions of the 'Town's request for Proposal and the - Tenant's response thereto are incorporated by reference into Lease. 20. WRITTEN AGREEMENT TO GOVERN. This Lease is the entire understanding between the parties relating to the subjects it covers and it is further agreed by all parties that this agreement shall be governed by the laws of the Commonwealth of Massachusetts. 21. SUBORDINATION AND NON -DISTURBANCE. This Lease is subordinate to any mortgage or deed of trust now of record against the Premises. However, promptly after the Lease is fully executed, the Town will cooperate with Tenant, at no cost to Town, in Tenant's efforts to obtain a non -disturbance agreement reasonably acceptable to Tenant from the holder of any such mortgage or deed of trust. 22. MEMORANDUM OF LEASE. Neither party shall record this Agreement or any copy thereof, provided, if requested by Tenant, the Town agrees to promptly execute and deliver a recordable Memorandum of Lease in the form attached hereto as Exhibit 2, which such Memorandum may be recorded by Tenant. 23. FORCE MAJEURE. If by reason of force majeure, either party is unable in whole or in part to carry out any of its obligations under this Lease, said party shall not be deemed in violation or default under this Lease as a result of such an inability during the continuance of such inability, and the time otherwise specified for performance of the subject obligation shall be extended by the actual period of delay caused by the force majeure event. The subject party must, however, complete the subject obligation by such time as so extended. The foregoing shall not apply, and there shall be no such extensions, for failure to pay any required amounts under this Lease when due or to obtain and maintain any insurance required under this Lease by and during the time specified. The term " orce maieure ' as used herein shall mean the following: acts of God; acts of public enemies; shortage of materials; orders of any kind of the government of the United States of America or of the Commonwealth of Massachusetts or of their departments, agencies, political subdivisions, or officials or any civil or military authority; insurrections; riots; epidemics; landslides; lightning; earthquakes; fires; hurricanes; storms; floods; washouts; weather that makes construction of the Tower impractical; droughts; arrest; civil disturbances; explosions; partial or entire failure of utilities; or any other cause or event not within the control of the disabled party. 24. TENANT'S CERTIFICATIONS. Tenant warrants the continuing truth, accuracy and completeness of the following certifications previously filed with the Town in connection with the Request for Proposals issued for the Property, copies of which are attached hereto as Exhibit 3: Certificate of Taxes/Tax Attestation and Certificate of _._:. on- o usron. .. _ _.-.. ... IN WITNESS WHEREOF, the undersigned has caused this Agreement to be executed this day of 0 c_ jam, 2002. WITNESS/ATTEST Print Name WITNESS Sc..#- ,4 . La nrb Print Name H TOWN OF NORTH ANDOVER, MASSAQJIUSETTS By : 1trt.�w Name: Ntark Rees Its: Town Manager SPRINT SPECTRUM L.P. By:���LJ cllr Name: -K4icbael W. Loucy Its. Director, Site Development — N east Region EXHIBIT 1 Legal Description/Site Plans Site situated in the Town of North Andover, County of Essex, Commonwealth of Massachusetts, located at 723 Osgood Street and shown on No. Andover's Assessor's Map No. 35 as Parcel 23, and being more particularly described as follows: Legal Description: A portion of that certain parcel of real property described in an instrument recorded with the Essex (North District) Registry of Deeds at Book 4197, Page 63. Sketch of Site: SEE PLANS/DRAWINGS ATTACHED HERETO AND INCORPORATED HEREIN. Town Initials Tenant Initials __ 'G%Z✓ EXHIBIT 2 Memorandum of Lease Agreement [See attached Memorandum of Lease Agreement.] 12 OWNER NOTARY BLOCK: COMMONWEALTH OF MASSACHUSETTS COUNTY OF ESSEX The foregoing instrument was acknowledged before me this day of OCfL��E.L 2002, by Mark Rees, as Town Manager of the Town of North Andover, a Massachusetts municipal corporation, on behalf of said town, and he/she acknowledged said instrument by him/her executed to be his/her free act and deed in said capacity and the free act and deed of said Town of North Andover. (AFFIX NOTARIAL SEAL) (OFFICIAL O RY SIGNATURE) NOTARY PUBLIC—STATE OF1W_j 1 JISZ7Ts My commission expires: .(PRINTED, TYPED OR STAMPED NAME OF NOTARY) COMMISSION NUMBER: 1WCff©O7 SPRINT SPECTRUM L.P. NOTARY BLOCK: STATE OF NEW JERSEY COUNTY OF The foregoing instrument was acknowledged before me this t_�!) day of 2002, by Michael W. Loucy, Director, Site Development — Northeast Region of Sprint Spectrum L.P., a Delaware limited partnership, who executed the foregoing instrument on behalf of such limited partnership, and he acknowledged said instrument by him executed to be his free act and deed in said capacity and the free act and deed of said Sprint Spectrum L.P. ti / A Eti — r ✓ (AFFIX NOTARIAL SEAL /NOTARY L NOTARY SIGNAT E PUBLIC—STATE OF My commission expires: O�/��/U�ry (PRINTED, TYPED OR STAMPED NAME OF NOTARY) SUSAN M. GRAHAM NOTARY PUBLIC STATE OF NEW JERSEY No. 2188937 My Commission Expires May 1, 2006 14 EXHIBIT 3 Tenant's Certifications [Attach copies of executed Certificate of Taxes/Tax Attestation and Certificate of Non -Collusion.] #50175395 v16 - crosstg - vfkz06!.doc -80563/2227 15 CERTIFICATE OF TAXES/TAX ATTESTATION Pursuant to M.G.L. Chapter 62C, § 49A, I certify under penalties of perjury, Sprint Spectrum, L.P_, a Limited Partnership, and any and all parties to this proposal, have filed all state tax returns and paid all state taxes required by law and have complied with the laws of the Commonwealth of Massachusetts relating to reporting of employees and contractors and withholding and remitting of child support. Sprint Spectrum, L.P. Federal Tax Identification Number: L� R — 11(O 5o7 Y S. Sprint Spectrum, L.P., by: l 1 Michael W. Loucy, Autho ' ed Re r ntative CERTIFICATE OF NONCOLLUSION The undersigned certifies under penalties of perjury that this bid, or proposal, has been made and submitted in good faith and without collusion or fraud with any other person. As used in this certification, the work "person' shall mean any natural person, business, partnership, corporation, union, committee, club or other organization, entity, or group of individuals. Michael W. Loucy, Authorize eprese ve SSLP By: Sprint Spectrum, L.P. Date: .uL. 0. 2 V 0 2 11:COW jv/ ` r L o & 2002 MASS.Hi-iORICNL COMM. ?"V e iommonwesum of Massachusetts William Francis Galvin, Secretary of the Commonwealth T _., ,_, „ ,,,,,, Massachusetts Historical Commission �allu.,y J 1, StoYiioil u rulueesoil I lie Dulffincih ptllluing // i lVlllUMr JUGV� r4 _. q__: J •.4111u1urG, ?AAA 0„/.1 41 NO.8233 H. 2 Iv. rrvpvseu Telcuuni nunications installation, a d AT&T, Stevens Estate, 723 Sprint an %-400d Sireet, lvortn Andover, IVIA; 1VGn„4 26x32 cicscrvniivii nerilric[ion - view (!vi-v.L. Chapter 184, Sec. 31-33) rear ivlr. Anderson: Sial of the iviassacnusetts Hisioricai Commission have reviewed the information you submitted, r—civcd at this olilce on January 18, 2002, concerning the proposed project referenced above. As you are aware, the Stevens Estate is listed in the State and National Registers of Historic Places. As you are also aware, !%l C holds a preservation restriction on the Stevens Estate. After a review of the information submitted, iniiC: start have the following comments. The Town of North Andover entered into a perpetual preservation restriction agreement with the 1v1HC as the result of grant funding (M.G.L. Ch. 194, ss. 31-33). The active preservation restriction agreement entities the ivitiC review and approval authority prior to the implementation of any major aitcraiion to the Stevens Estate and its setting and aiso assures the NEC that the Stevens Estate wiii be adequately maintained. MHC staff have reviewed the photographic simulations and photographs of the crane test. The crane test and photo simuiations indicate that the monopole's siting is such that it will not adversely impact the character and setting of the Stevens Estate. The pole will be minimally visibie from certain vantage points on the site, but none of these vantage points involve significant viewsheds, l he existing tree coverage also provides a sufficient visual buffer for the monopole, The appearance of the monopole is also greatly minimized by the fact that the antennae wiii be internally mounted (rather than affixed as an external array). After a review of materials submitted, i have determined that the proposed project will have ,no adverse effect" (36 CFR 800.5(b)) on the -Stevens Estate, The MHC approves the installation of the monopole pursuant to the terms of the preservation restriction (M.G.L. Chapter 184, See. 3 1- 33 ), These comments are offered to assist in compliance with Section 106 of the National Historic Preservation Act of 1966, as amended (36 CFR 800) and M.G.L. Chapter 9, Section 26-27C, as amended by Chapter 254 of the Acts of 1988 (950 CMR 71.00), and the terms of the Preservation 220 Morrissey Boulevard, Boston, Massachusetts 02125 (617) 727-8470 • Fax: (617) 727-5128 www.si&ce.rna.us/sec/mhc JUL. 20U2 11:48AM MASS.HISICRICAL COMM. NO. 8233 P. 3 Restriction on the property. Please do not hesitate to contact Ann i.at±invill_ or Erir. TOL!r of ii►is Office if you have any questions. Sincerely, C 0'1 G1tiQ. 1) t/Y►'Yl� Brona Simon Deputy State Historic Preservation Officer Massachusetts Historical Commission xc; Kim Kingston, ViiB North Andover Historical Commission North Andover Historic District Commiccion 11 l BC Town of North Andover Office of the Zoning Board of Appeals Joni, C'� Community Development and Services Division Heidi Griffin, Division Director 1 27 Charles Street North Andover, Massachusetts 01845 D. Robert Nicetta Building Commissioner from date of decision, F. A o. Qa �P e �? �'I1 3 f: � y' i A - t Any appeal shall be filed within (20) days after the date of filing of this notice in the office of the Town Clerk. Notice of Decision Year 2002 f '1oR71{ O .,eu 6A~O o 0 SSACHUSE� Telephone (978) 688-9541 Fax (978)688-9542 r� N U S L N 00 L•J _r Property at: The Stevens Estate, 723 Osgood StreeF NAME: AT&T Wireless PCS LLC by and DATE: 1/25/02 through its Manager AT&T Wireless Services, Inc. d/b/a AT&T Wireless, and; Sprint Spectrum L.P. d/b/a Sprint PCS. ADDRESS: 400 Blue Hill Drive, Westwood, MA PETITION: 2002-001 02090 and; Crossroads Corporate Center, I International Boulevard, Suite 800, Mahwah, NJ 07495 HEARING: 1/15/02 The North Andover Board of Appeals held a public hearing at its regular meeting on Tuesday, January 15, 2002 at 7:30 PM upon the application of AT&T Wireless PCS LLC by and through its Manager AT&T Wireless Services, Inc. d/b/a AT&T Wireless, and; Sprint Spectrum L.P. d/b/a Sprint PCS for premises affected at the Stevens Estate, 723 Osgood Street, North Andover, MA to allow for variances from Section 8.9, Paragraphs 8.9.3.c.i and 8.9.3.c. ii (restricting height to 10' above the average building height within 300' or, if no such buildings, 10' above average tree canopy height) and from Section 8.9, Paragraph 8.9.4.a.iii(2) (restricting color above vegetation to light gray or blue) in order to construct a two -carrier monopole with internal antennas. The following members were present: Raymond A. Vivenzio, Robert P. Ford, John M. Pallone, Scott A. Karpinski, and Ellen P. McIntyre. =r =- -- r__= -- Upon a motion made by Robert Ford and 2nd by Ellen McIntyre, the Board voted to GRANT a height variance 13' from the requirements of 8.9.3.c.i and 8.9.3.c.ii (restricting height to 10' above the average building height within 300' or, if no such buildings, 10' above average tree canopy height) to permit the construction, operation, maintenance and use of a 100' two -carrier monopole with internal antennas, including the required FAA light to the height of 102' and the required lightning rod to the height of 104' in accordance with the following Plans for the facility prepared by Greenman - Pedersen, Inc., 28 Lord Road, Marlborough, MA 01752 , „1„„T D N CI3C' 411 O'F "'4�P 689-9541 FEB 2 7 2002 BOARD OF APPEALS BUILDING 688-9545 CONSERVATION 688-9530 fi_1J� . A_ True Copy Nu�- HEALTH 68A��1'6' . °LaN�6\ l �: G 688-9535 SHEET DESCRIPTION 2BO-E4457-ZO1, Rawland Site - Monopole With Shelter Title Sheet rev. 2. - 2BO-E4457-ZO2, Rawland Site — Monopole with Shelter Property Plan - rev. 1. One Compound 2BO-E4457-Z03, Rawland Site — Monopole With Shelter Site Plan -One rev. 2. Compound 2BO-E4457-Z04, Rawland Site — Monopole with shelter Elevation -One rev. 1. Compound on paper dated and sealed by David A. Chappell, RPE, November 21, 2001, and on mylar dated and sealed by Jeanne T. Gamache, RPE, January 15, 2002: and a color variance from the requirements of 8.9.4.a.iii.2 (restricting color above vegetation to light gray or blue) to permit the construction, operation, maintenance and use of a 100' two -carrier monopole with internal antennas, including the required FAA light to the height of 102' and the required lightning rod to the height of 104' in accordance with FAA Advisory Circular 70/7460-1K referred to in the FAA, s determination for the proposed facility. Voting unanimously in favor: RAV/RPF/JMP/SAK/EPM. The Board finds that the variances the applicants have requested 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. The applicants submitted 21 documents to support their request; including the Planning Board Special Permit with 9 specific conditions and 14 waivers, the Massachusetts Department of Public Health approval, and Noise Analysis by Alactronics. Furthermore, if the rights authorized by the Variance are not exercised within one (1) year of the date of the 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 ofAppeals, Raymond A.Vivenzo; Acting Chairman Decision2002-001 P� TOWN OF NORTH ANDOVER BOARD OF APPEALS DECISION WIRELESS SERVICE FACILITIES Carriers: (1) AT&T Wireless PCS LLC by and through its Manager AT&T Wireless Services, Inc. d/b/a AT&T Wireless, and; (2) Sprint Spectrum L.P. d/b/a Sprint PCS. Property Owner: Town of North Andover Deed Reference: Book 4197, Page 63 Site: Stevens Estate, 723 Osgood Street, North Andover Map/Lot: Map 35, Lot 23 Relief Granted: 1. ' ' 8.9.3.c.i and 8.9.3.c.ii (restricting height to 10' above the average building height within 300' or, if no such buildings, 10' above average tree canopy height); and 2. ' 8.9.4.a.iii.2 (restricting color above vegetation to light gray or blue) DATE: January 29, 2002 Pursuant to public notice in the Lawrence Eagle Tribune, a newspaper of general circulation in the Town of North Andover, published on December 31, 2001, and January 8, 2002, and pursuant to notice sent by mail, postage prepaid, to all interested parties pursuant to the provisions of Massachusetts General Laws, a public hearing was held on January 15, 2002, in the North Andover Senior Center on the petition AT&T Wireless Services PCS LLC, by and through its manager AT&T Wireless Services, Inc., d/b/a AT&T Wireless ("AWS") and Sprint Spectrum L.P. d/b/a Sprint PCS ("Sprint") for any necessary zoning variances with respect to height and color to permit their respective installation and operation of proposed wireless communication facilities at the Town - owned Stevens Estate, 723 Osgood Street, North Andover. The premises affected are located at 723 Osgood Street, North Andover MA in a Residence 1 Zoning District and is shown on Assessor, s Map 35, as Lot 23. Attorney Stephen D. Anderson represented AT&T Wireless and Attorney Scott Lacy represented Sprint at the public hearing. No member of the public spoke in favor of or in opposition to the petition. I. THE PROPOSED FACILITIES The Town of North Andover owns the historic Stevens Estate property. The lease of land within Stevens Estate for the proposed wireless communication facilities has been expressly approved by a Special Town Meeting in December 2000; AWS and Sprint have each been awarded a 3 lease by the Town pursuant to its Invitation for Bids ("IFB"); and the Planning Board has issued a Special Permit with Site Plan Approval for the proposed Wireless Services Facilities. Consistent with the results of the IFB and Planning Board processes, AWS and Sprint have proposed to install and operate their wireless communication facilities at the Stevens Estate site on a 100' two -carrier monopole with internal antennas. -L' The Federal Aviation Administration ("FAA") has determined that the 100' pole must be marked and lighted to prevent a hazard to navigation given the proximity of the Greater Lawrence Municipal Airport. The carriers are also pursuing approval of the 100' two -carrier option by the Massachusetts Historical Commission ("MHC"). The internal antennas and cables will be "camouflaged" inside the pole within the meaning of Section 8.9.2.d, 8.9.3.b.ii, 8.9.3.c.i, 8.9.4.a.ii, and 8.9.4.d.ii of the North Andover Zoning Bylaw. The proposed pole will be located in a densely wooded area northwest of the main Stevens Estate building and adjacent to an existing electric and telephone utility corridor serving the Estate. The proposed 100' pole will be capable of accommodating both carriers. The combined two -carrier facility involves a 40'x 30' fenced equipment compound at the base of the pole. This area will be surrounded by an 8' stockade fence. Within the fenced compound will be a two -carrier, L-shaped equipment shelter with clapboard siding and a pitched roof. Each carrier will have a separate 12'x 20' equipment area within the shelter. Coaxial cables will be run inside the pole and across an ice bridge/cable tray to connect the antennas to the equipment within the equipment shelter. Each facility will be served by associated power/telephone connections. Additional details of the proposed wireless services facility are set forth in the plans and documents identified below. II. DOCUMENTS SUBMITTED IN SUPPORT OF APPLICATIONS AWS and Sprint submitted the following materials in support of their applications: 1. Building Commissioner' s determination that a height variance is needed; I/ The top of the pole is at 100' AGL. The top of the required FAA light is at 102' AGL. The top of the required lightning rod is at 104' AGL. The Planning Board' s Special Permit takes into account the two necessary additions at the top of the pole. 2. AWS' completed Board of Appeals Application For Relief From The Zoning Ordinance; 3. 1 Sprint, s completed Board of Appeals Application For Relief From The Zoning Ordinance; 4. Certified Abutters List; 5. One set of addressed, stamped envelopes for all abutters identified on the Certified Abutters List; 6. Assessor, s Map numbered 35; 7. Zoning Map; 8. The following Plans for the proposed facility prepared by Greenman -Pedersen, Inc., on paper dated November 21, 2001, and on mylar dated January 15, 2002: SHEET DESCRIPTION 2BO-E4457-ZO1, Rawland Site - Monopole With Shelter Title Sheet rev. 2. 2BO-E4457-ZO2, Rawland Site — Monopole with Shelter Property Plan- rev:l. One Compound 2BO-E4457-Z03, Rawland Site — Monopole With Shelter Site Plan -One rev. 2. Compound 2BO-E4457-Z04, Rawland Site — Monopole with shelter Elevation -One rev. 1. Compound 9. AWS' RF report, with coverage charts, demonstrating (1) the need for the facility, (2) the coverage .it will provide, (3) "that there are no feasible preexistent structures upon which to locate" under 8.9.3.b.9, and (4) the other existing AWS facilities in North Andover and outside North Andover within one mile of its boundary; 10. Sprint, s RF report, with coverage charts, demonstrating (1) the need for the facility, (2) the coverage it will provide, (3) "that there are no feasible preexistent structures upon which to locate" under 8.9.3.b.9, and (4) the other existing AWS facilities in North Andover and outside North Andover within one mile of its boundary; 11. Notarized Owner' s Consent to Municipal Development application; 5 12. Two View Shed Analyses prepared by Greenman -Pedersen, Inc., one dated December 4, 2000, and the other dated December 19, 2001, based on crane tests conducted for AWS' IFB Response and for the carriers' variance applications; 13. AWS' Report to the Massachusetts Department of Public Health certifying that the maximum allowable frequencies, power levels and standards will not be exceeded for the facility; 14. The Massachusetts Department of Public Health' s approval of AWS' proposed facility; 15. Sprint' s Report to the Massachusetts Department of Public Health certifying that the maximum allowable frequencies, power levels and standards will not be exceeded for the facility; 16. AWS' Notices to the Federal Aviation Administration of the proposed construction; and 17. FAA Determination Regarding the proposed 100', two -carrier flagpole -style monopole; 18. FAA Determination Regarding a 90', one -carrier flagpole -style monopole; 19. FAA Advisory Circular 70/7460-1K (the "1K Circular") referred to in these determinations; 20. Noise Analysis prepared by Alactronics; and 21. The Planning Board Special Permit. III. THE PLANNING BOARD SPECIAL PERMIT Pursuant to Sections 8.9 of North Andover's Wireless Service Facilities Zoning Bylaw, the Planning Board specifically found in its special permit decision that (a) the 153 acre site is an appropriate location for the project because it is topographically higher than the surrounding area, and contains extensive forested land within which the proposed flagpole -style facility will blend for an aesthetic and understated wireless communication installation, (b) the site was approved by Town Meeting and by the Town' s Invitation for Bids for the proposed use, (c) the use will not adversely affect the neighborhood, and will not result in any nuisance or hazard, (d) the facility is necessary for each carrier to provide adequate service to the public, and (e) the project "is in harmony with the general purpose and intent of the Town of North Andover Zoning Bylaw and generally complies with the requirements of the Bylaw as listed in Sections 8.3, 8.9 and 10.3.". The Planning Board also imposed numerous specific conditions in its special permit regarding (1) discontinuance or abandonment, (2) performance guarantees, (3) the term of the special permit, (4) pre -endorsement requirements, (5) pre -construction requirements, (6) pre -building permit requirements, (7) pre -occupancy requirements, (8) release of security requirements, and (9) a variety of additional conditions regarding the construction and operation of the facility. In addition, the Planning Board found that the application satisfied or was entitled to a waivers (in accordance with Section 8.9.3.c.v.3 and Section 8.9.5.d.ix) from the following criteria: (1) provision of RF coverage maps for other carriers, (2) compliance with siting filing requirements, (3) provision of a color board, (4) performance of a balloon or crane test, (5) compliance with hazardous material criteria, (6) compliance with watershed protection district criteria, (7) performance of a boundary survey, (8) designation of easements and legal conditions, (9) performance of storm water drainage calculations, (10) compliance with signage requirements, (11) provision of a landscape plan, (12) performance of a drainage basin study, (13) performance of a traffic study, (14) provision of an erosion control plan, and (15) provision of a best management practices plan. IV. VARIANCES RELIEF IS APPROPRIATE A. Variances Sought Having received the foregoing approvals, AWS and Sprint applied for variances from the following height and color requirements for the following reasons: The proposed installation of a 100' free standing pole plus the required FAA light and the lightning rod at the top of the pole exceeds both the "General" height limitu and the "Ground -Mounted Facilities" height limit'-' of Section 8.9.3.c of North Andover' s Wireless Services Facilities Zoning Bylaw. AWS and Sprint have requested variance relief from these provisions. There are no principal buildings within 300' of the proposed pole; the proposed pole will be situated on the side of the Stevens Estate hill, not on the top of the hill; the height (AMSL) of the tallest trees in the vicinity of the pole exceed the height (AMSL) of the pole; and the average tall tree canopy height in the vicinity of the pole is 81.0' feet. The top of the pole itself is at 100' AGL; the top of the required FAA warning light is at 102' AGL, and the top of the lightning rod is at 104' AGL. Therefore, since one can exceed the tree canopy by 2/ Section 8.9.3.c provides the following "general" height limit: Height, General- Regardless of the type of mount. wireless service facilities shall be no higher than ten feet above the average height of buildings within 300 feet of the proposed facility_ In addition, the height of a wireless service facility shall not exceed by more than 10 feet the height limitations of the zoning district in which the facility is proposed to be located, unless the facility is completely camouflaged such as within a flagpole, steeple, chimney, or similar structure. Wireless service facilities may locate on a building that is legally non -conforming with respect to height, provided that the facilities do not project above the existing building height. 3/ Section 8.9.3.c provides the following "Ground -Mounted Facilities" height limit: Height, Ground -Mounted Facilities. Ground -mounted wireless service facilities shall not project higher than ten feet above the average building height or, if there are no buildings within 300 feet, these facilities shall not project higher than ten feet above the average tree canopy height, measured from ground level (AGL). If there are no buildings within 300 feet of the proposed site of the facility , all ground -mounted wireless service facilities shall be surrounded by dense tree growth to screen views of the facility in all directions. These trees may be existing on the subject property or planted on site. 7 10' as of right, a height variance of 9' is necessary for the pole; an additional 2' for the FAA light; and an additional 2' for the lightning rod, for a total height variance of 13' to the top of the lightning rod. Given the proximity of the Greater Lawrence Municipal Airport, the FAA has determined that the pole must be marked and lit to avoid becoming a hazard to air navigation. As a result, AWS and Sprint propose to paint the pole in accordance with the requirements of the FAA, which differ from the color requirement of Section 8.9.4.a.iii.2" of North Andover, s Wireless Services Facilities Zoning Bylaw. AWS and Sprint have requested variance relief from this provision. The Board finds that there are the special conditions relating to the soil condition, shape or topography of the land or structures for which the variance is requested, which especially affect the land, or structures but do not affect generally the zoning district in which it is located. The special conditions related to the Stevens Estate property, that do not generally affect the zoning district, are that (I) it is an extremely large, irregularly shaped property, (2) it is topographically higher than much of the surrounding area but on the side - not the top - of the hill, (3) it has an extensive tall tree canopy, (4) it contains a variety of significant historic structures, and (5) it is on the flight path to the Greater Lawrence Municipal Airport. These special conditions are pertinent to the height and color variances that are sought here. Section 8.9.4.a.iii.2 provides the following "color" requirement: To the extent that any wireless service facilities extend above the height of the vegetation immediately surrounding it, they must be painted in a light gray or light blue hue which blends with sky and clouds. The Board finds that the variances requested 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. The requested variances 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. The installation is in a location specifically approved by Town Meeting, the North Andover Board of Selectmen, the North Andover Wireless Subcommittee, the North Andover Planning Board as the Special Permit Granting Authority, and the Federal Aviation Administration. Pursuant to Sections 8.9 of North Andover, s Wireless Service Facilities Zoning Bylaw, as the Special Permit Granting Authority for wireless communication facilities, the Planning Board has expressly found that (a) the 153 acre site is an appropriate location for the project because it is topographically higher than the surrounding area, and contains extensive forested land within which the proposed flagpole -style facility will blend for an aesthetic and understated wireless communication installation, (b) the site was approved by Town Meeting and by the Town' s Invitation for Bids for the proposed use, (c) the use will not adversely affect the neighborhood, and will not result in any nuisance or hazard, (d) the facility is necessary for each carrier to provide adequate service to the public, and (e) the project "is in harmony with the general purpose and intent of the Town of North Andover Zoning Bylaw and generally complies with the requirements of the Bylaw as listed in Sections 8.3, 8.9 and 10.3." The Board concurs with these findings and further finds that the design and location of the facilities (1) buffer the wireless communication devices to the surrounding neighborhood by the significant size of the Stevens Estate property, (2) screen the facilities from view as much as possible by the tall, dense, natural tree canopy, (3) utilize an existing utility corridor on the property for access to the proposed facilities, thereby minimizing required tree cutting, (4) present an environmentally secure facility, and (5) afford significant revenue to the Town. 4. The Board finds that there is substantial hardship, financial or otherwise, to the Applicants and the Town, which would result from a literal enforcement of the provisions of the Zoning Bylaw. The applicants and the Town as property owner would suffer substantial hardship if the provisions of the Zoning Bylaw were literally enforced to preclude the proposed use on the subject property. AWS and Sprint both require a location for their communications antennae in this area of North Andover. The Planning Board has specifically found that the "carriers have demonstrated that the facility is necessary for each to provide adequate service to the public....". The applicants have been attempting to secure a site to serve this area for an extensive period of time. AWS has been denied a facility ar the Barker Fanrn, and litigation is pending. The Town has directed AWS and Sprint to the Stevens Estate property as a viable location for their needed facilities. The Town, s recent adoption of the 600' setback amendment to the Wireless Bylaw leaves the Stevens Estate property as one of the only potentially viable sites in this area of North Andover. N Further, a literal enforcement of the height requirements would effectively eliminate collocation by the carriers on a single pole. Given the tree canopy and the elevation of the hill which slopes upward of the facility, the carriers RF engineers have presented evidence that neither carrier can accept an antenna height less than 90' on the pole. If the height variance is denied, the purposes of the Bylaw to promote collocation and minimize the number of new towers in Town will not be advanced. The carriers would be forced to seek separate permits to construct separate 90' poles which would increase the amount of land area cleared of trees at the site and which would result in two striped and tit poles on the Stevens Estate hill. As the SPGA for wireless communication facilities, the Planning Board has, in its special permit decision, specifically sought to avoid this result. The only way to do so is to allow the requested height variance. In view of the requirements of the federal Telecommunications Act, this Board considers it appropriate to apply the height limits of the Bylaw in a way that avoids both effective prohibition of service and unlawful discrimination between carriers. The Board recognizes that Town Meeting, the Planning Board, the Selectmen, and the Wireless Subcommittee have determined that the proposed site is the most appropriate site to serve this area of North Andover. The remoteness of the facilities from surrounding residential uses furthers the purpose of Town Meeting in adopting the 600' setback requirement in the Bylaw. As for the color of the pole, the Board is aware that the First Circuit has recently held in Southwestern Bell Mobile Systems, Inc., "la Cellular One, v. Todd, 244 F.3d 51, 62 (1 st Cir.2001), that it is impermissible for the Board to regulate the facility based on matters reserved to or controlled by the FAA (emphasis added): Finally, we note that the Board also based its ... visual impact conclusion upon the fact that the tower would be painted in alternating red and white sections and would have a night beacon. The tower would only have these features because the FAA requires them. Though the Leicester Wireless Bylaw prohibits bright coloration and night lighting, it allows deviations from that prohibition when required by the FAA. To the extent that the Board's objection was based upon the failure to paint the tower a neutral color, the Board improperly relied upon this evidence to justify its decision. Because we conclude that there was substantial evidence to support the denial without the inclusion of this factor, it does not affect the outcome of this case. Federal law has effectively preempted the color of the pole, and accordingly a variance is appropriate to conform the Bylaw, s color requirements to the mandate of federal law. 10 1 Finally, the Board finds that the Town as owner would suffer substantial hardship by being deprived of the revenue associated with the proposed use. Since this revenue can assist the Town in continuing to maintain the historic structures on the property or for other important public purposes, the Town will benefit from the proposed facility by helping to maintain the historic character of the site. VI. CONCLUSION For the previous reasons, the Board unanimously voted to grant AWS and Sprint the variances. Decision2002-001 att\n.andstevens\mlvariance-deci siort wpd Town of North Andover Office of the Zoning Board of Appeals Community Development and Services Division D. Robert Nicetta Building Commissioner Any appeal shall be filed within (20) days after the date of filing of this notice in the office of the Town Clerk. Heidi Griffin, Division Director 27 Charles Street North Andover, Massachusetts 01845 Notice of Decision Year 2002 Telephone (978) 688-9541 Fax (978)688-9542 o C.... c vorn w 7i `'- rn -0 C) w �a Property at: The Stevens Estate, 723 Osgood Streets NAME: AT&T Wireless PCS LLC by and DATE: 1/25/02 through its Manager AT&T Wireless Services, Inc. d/b/a AT&T Wireless, and; Sprint Spectrum L.P. d/b/a Sprint PCS. ADDRESS: 400 Blue Hill Drive, Westwood, MA PETITION: 2002-001 02090 and; Crossroads Corporate Center, l International Boulevard, Suite 800, Mahwah, NJ 107495 HEARING: 1/15/02 The North Andover Board of Appeals held a public hearing at its regular meeting on Tuesday, January 15, 2002 at 7:30 PM upon the application of AT&T Wireless PCS LLC by and through its Manager AT&T Wireless Services, Inc. d/b/a AT&T Wireless, and; Sprint Spectrum L.P. d/b/a Sprint PCS for premises affected at the Stevens Estate, 723 Osgood Street, North Andover, MA to allow for variances from Section 8.9, Paragraphs 8.9.3.c.i and 8.9.3.c. ii (restricting height to 10' above the average building height within 300' or, if no such buildings, 10' above average tree canopy height) and from Section 8.9, Paragraph 8.9.4.a.iii(2) (restricting color above vegetation to light gray or blue) in order to construct a two -carrier monopole with internal antennas. The following members were present: Raymond -A. Vivenzio, Robert P. Ford, John M. Pallone, Scott A. Karpinski, and Ellen P. McIntyre. Upon a motion made by Robert Ford and 2' d by Ellen McIntyre, the Board voted to GRANT a height variance 13' from the requirements of 8.9.3.c.i and 8.9.3.c.ii (restricting height to 10' above the average building height within 300' or, if no such buildings, 10' above average tree canopy height) to permit the construction, operation, maintenance and use of a 100' two -carrier monopole with internal antennas, including the required FAA light to the height of 102' and the required lightning rod to the height of 104' in accordance with the following Plans for the facility prepared by Greenman - Pedersen, Inc., 28 Lord Road, Marlborough, MA 01752 BOARD OF APPEALS 688-9541 BUILDrNTG 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535 SHEET DESCRIPTION 2BO-E4457-ZO1, Rawland Site - Monopole With Shelter Title Sheet rev. 2. 2BO-E4457-ZO2, . Rawland Site — Monopole with Shelter Property Plan- rev.l . One Compound 2BO-E4457-ZO3, Rawland Site - Monopole With Shelter Site Plan -One rev. 2. Compound 2BO-E4457-ZO4, Rawland Site — Monopole with shelter Elevation -One rev. l . Compound on paper dated and sealed by David A. Chappell, RPE, November 21, 2001, and on mylar dated and sealed by Jeanne T. Gamache, RPE, January 15, 2002: and a color variance from the requirements of 8.9.4.a.iii.2 (restricting color above vegetation to light gray or blue) to permit the construction, operation, maintenance and use of a 100' two -carrier monopole with internal antennas, including the required FAA light to the height of 102' and the required lightning rod to the height of 104' in accordance with FAA Advisory Circular 70/7460-1K referred to in the FAA' s determination for the proposed facility. Voting unanimously in favor: RAV/RPF/JMP/SAK/EPM. The Board finds that the variances the applicants have requested 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. The applicants submitted 21 documents to support their request; including the Planning Board Special Permit with 9 specific conditions and 14 waivers, the Massachusetts Department of Public Health approval, and Noise Analysis by Alactronics. Furthermore, if the rights authorized by the Variance are not exercised within one (1) year of the date of the 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 Raymond A.Vivenz' , Acting Chairman Decision2002-001 0) TOWN OF NORTH ANDOVER BOARD OF APPEALS DECISION WIRELESS SERVICE FACILITIES Carriers: (1) AT&T Wireless PCS LLC by and through its Manager AT&T Wireless Services, Inc. d/b/a AT&T Wireless, and; (2) Sprint Spectrum L.P. d/b/a Sprint PCS. Property Owner: Town of North Andover Deed Reference: Book 4197, Page 63 Site: Stevens Estate, 723 Osgood Street, North Andover Map/Lot: Map 35, Lot 23 Relief Granted: 1. &9.3.c.i and 8.9.3.c.ii (restricting height to 10' above the average building height within 300' or, if no such buildings, 10' above average tree canopy height); and 2. 1 8.9.4.a.iii.2 (restricting color above vegetation to light gray or blue) DATE: January 29, 2002 Pursuant to public notice in the Lawrence Eagle Tribune, a newspaper of general circulation in the Town ofNorth Andover, published on December 31, 2001, and January 8, 2002, and pursuant to notice sent by mail, postage prepaid, to all interested parties pursuant to the provisions of r Massachusetts General Laws, a public hearing was held on January 15, 2002, in the North Andover Senior Center on the petition AT&T Wireless Services PCS LLC, by and through its manager AT&T Wireless Services, Inc., d/b/a AT&T Wireless ("AWS') and Sprint Spectrum L.P. d/b/a Sprint PCS ("Sprint") for any necessary zoning variances with respect to height and color to permit their respective installation and operation of proposed wireless communication facilities at the Town - owned Stevens Estate, 723 Osgood Street, North Andover. The premises affected are located at 723 Osgood Street, North Andover MA in a Residence 1 Zoning District and is shown on Assessor, s Map 35, as Lot 23. Attorney Stephen D. Anderson represented AT&T Wireless and Attorney Scott Lacy represented Sprint at the public hearing. No member of the public spoke in favor of or in opposition to the petition. I. THE PROPOSED FACILrHES The Town of North Andover owns the historic Stevens Estate property. The lease of land within Stevens Estate for the proposed wireless communication facilities has been expressly approved by a Special Town Meeting in December 2000; AWS and Sprint have each been awarded a TOWN OF NORTH ANDOVER . BOARD OF APPEALS DECISION WIRELESS SERVICE FACILITIES Carriers: (1) AT&T Wireless PCS LLC by and through its Manager AT&T Wireless Services, Inc. d/b/a AT&T Wireless, and; (2) Sprint Spectrum L.P. d/b/a Sprint PCS. Property Owner: Town of North Andover Deed Reference: Book 4197, Page 63 Site: Stevens Estate, 723 Osgood Street, North Andover Map/Lot: Map 35, Lot 23 Relief Granted: 1. ' ' 8.9.3.c.i and 8.9.3.c.ii (restricting height to 10' above the average building height within 300' or, if no such buildings, 10' above average tree canopy height); and 2. ' 8.9.4.a.iii.2 (restricting color above vegetation to light, gray or blue) DATE: January 29, 2002 Pursuant to public notice in the Lawrence Eagle Tribune, a newspaper of general circulation in the Town of North Andover, published on December 31, 2001, and January 8, 2002, and pursuant to notice sent by mail, postage prepaid, to all interested parties pursuant to the provisions of f� Massachusetts General Laws, a public hearing was held on January 15, 2002, in the North Andover Senior Center on the petition AT&T Wireless Services PCS LLC, by and through its manager AT&T Wireless Services, Inc., d/b/a AT&T Wireless ("AWS') and Sprint Spectrum L.P. d/b/a Sprint PCS ("Sprint") for any necessary zoning variances with respect to height and color to permit their respective installation and operation of proposed wireless communication facilities at the Town - owned Stevens Estate, 723 Osgood Street, North Andover. The premises affected are located at 723 Osgood Street, North Andover MA in a Residence 1 Zoning District and is shown on Assessor' s Map 35, as Lot 23. Attorney Stephen D. Anderson represented AT&T Wireless and Attorney Scott Lacy represented Sprint at the public hearing. No member of the public spoke in favor of or in opposition to the petition. I. THE PROPOSED FACILITIES The Town of North Andover owns the historic Stevens Estate property. The lease of land within Stevens Estate for the proposed wireless communication facilities, has been expressly approved by a Special Town Meeting in December 2000; AWS and Sprint have each been awarded a 3 lease by the Town pursuant to its Invitation for Bids ("IFB"); and the Planning Board has issued a Special Permit with Site Plan Approval for the proposed Wireless Services Facilities. Consistent with the results of the IFB and Planning Board processes, AWS and Sprint have proposed to install and operate their wireless communication facilities at the Stevens Estate site on a 100' two -carrier monopole with internal antennas.!' The Federal Aviation Administration ("FAA") has determined that the 100' pole must be marked and lighted to prevent a hazard to navigation given the proximity of the Greater Lawrence Municipal Airport. The carriers are also pursuing approval of the 100' two -carrier option by the Massachusetts Historical Commission ("MHC'). The internal antennas and cables will be "camouflaged" inside the pole within the meaning of Section 8.9.2.d, 8.9.3.b.ii, 8.9.3.c.i, 8.9.4.a.ii, and 8.9.4.d.ii of the North Andover Zoning Bylaw. The proposed pole will be located in a densely wooded area northwest of the main Stevens Estate building and adjacent to an existing electric and telephone utility corridor serving the Estate. The proposed 100' pole will be capable of accommodating both carriers. The combined two -carrier facility involves a 40'x 30' fenced equipment compound at the base of the pole. This area will be surrounded by an 8' stockade fence. Within the fenced compound will be a two -carrier, L-shaped equipment shelter with clapboard siding and a pitched roof. Each carrier will have a separate 12'x 20' equipment area within the shelter. Coaxial cables will be run inside the pole and across an ice bridge/cable tray to connect the antennas to the equipment within the equipment shelter. Each facility will be served by associated power/telephone connections. Additional details of the proposed wireless services facility are set forth in the plans and documents identified below. II. DOCUMENTS SUBMITTED IN SUPPORT OF APPLICATIONS AWS and Sprint submitted the following materials in support of their applications: 1. Building Commissioner, s determination that a height variance is needed; 1/ The top of the pole is at 100' AGL. The top ofthe required FAA light is at 102' AGL. The top of the required lightning rod is at 104'AOL. The Planning Board' s Special Permit takes into account the two necessary additions at the top of the pole. 4 URBELIS, FIELDSTEEL & BAILIN, LLP DEC 4 4 20 01 155 FEDERAL STREET N BOSTON, MASSACHUSETTS 02110-1727 BOARQ OF APPEALS THOMAS J. URSELIS Telephone 617-338-2200 Andover Office E-MAIL: tju@utb.co n Telecopier 617-338-0122 Telephone 978-475-4552 December 3, 2001 Zoning Board of Appeals 27 Charles Street North Andover, MA 01845 RE: AT&T WIRELESS Dear Members of the Board: Enclosed are the Joint Status Reports (without attachments) in the cases in the Federal District Court and Essex Superior Court. Very truly yours, Thomas . rbelis Enclosure TJU/lah cc: Mark Rees (w/enc.) Heidi Griffin (w/enc.) i s:\wpS l \work\n-andove\cmresp\zoninglh.dm NOU-30-2001 16:29 ANDERSONKREIGER 6172526899 P.01i37 N ICIIIIANDEYLSON KREIGER LLP DEC 0 4 2001 Attorneys at Law STEPHEN D. ANDERSON Alan UJA1rtcCd ;n C'7' ARTHUR P. KREIGER ,vm sdofined is NY GEORGE A. HAL(_, JR. Civil Clerk's Office Essex Superior Court 34 Federal Street Salem MA 01970 The Bulfinch Building 47 Thorndike Sorest Cambridge, MA 02141 (617) 252-6575 Fax: (617) 252-6899 November 30, 2001 BOARD OF APPEALS AC14ESON H_ CAUACHAN Or Counsel DOUGLAS H. WHIUNS arr,,,,,..i PETFRJ.CURA JEFFREY L ROELOFS DAWN STOLFI STALENHOEF RE: AT&T Wireless PCS LLC. d/b/a AT&T Wireless Services v. Board of Anneals of the Town of North Andover, et al., Essex Sup. Ct., No. 00-1498 Dear Sir or Madam: Enclosed for filing is the Joint Status Report with respect to the above -captioned matter_ Sincerely, Stephen D. Anderson sandemon@andersonkreiger.com Enclosure SDA/kmf cc: Thomas Urbellis, Esq. (by fax 617- 338-0122) Catherine Blue, Esq. Taylor Whiteside, Esq. n".Andawt=VW=xdak4.wpd 0 read M r«rc«, papee NOU-30-2001 16:29 RNDERSONKREIGER 72526899, `i.P.82;37 DEC 04 2001 COMMONWEALTH OF MASSACHUSETTS BOARD OF APPEALS Essex, ss. Trial Court Superior Court Department Civil Action No. CA -00-1498 AT&T WIRELESS PCS LLC, ) d/b/a AT&T WIRELESS SERVICES, ) Plaintiff, ) V. ) BOARD OF APPEALS of the TOWN OF NORTH ) ANDOVER, WILLIAM J. SULLIVAN, ) WALTER SOULE, ROBERT FORD, JOHN PALLONE, ) RAYMOND VIVENZIO, ELLEN McINTYRE, ) GEORGE EARLEY, and SCOTT KARPINSKI ) as they are members and associate members of the Board, ) Defendants. ) JOINT STATUS REPORT Pursuant to the Court's Order dated September 28, 2001, the parties to this action jointly report on the status of this state court proceeding and the parallel federal court action AT&T wireless PCS, LLC v. d/b/a AT&T Wireless Services v Town ofNorth Andover Massachusetts Board of Appeals of the Town of North Andover, et al., Civil Action No. 00CV 11668 -DPW (D. Mass -)("Federal Action"). 1. This action challenges the denial of a variance for a wireless telecommunications facility. The principal claims in the Federal Action are grounded in the Federal Telecommunications Act of 1996. Both the Federal Action and this case raise state law claims under G.L. c. 40A arising from the same denial of zoning relief. The moving parties in this action and the Federal Action are the same. 2. AT&T Wireless PCS, LLC, the plaintiff, filed this state court action as a NOU-30-2001 16:29 PNDERSONKREIGER 6172526899 P.03i37 precaution, in case the Federal Court determines that it does not have pendent jurisdiction over the state law claims. It has been the plaintiffs intention from the outset to proceed solely in the Federal Action unless that Action did not resolve all matters essential to a decision, including the state claims. The plaintiff has communicated that intention to the defendants' counsel, 3. Accordingly, the parties have litigated this matter in the Federal Action to date. The Federal Court has conducted a scheduling conference, entered a scheduling order, and assigned the matter to a Magistrate Judge. 4. The Magistrate Judge has scheduled periodic status conferences, received Joint Status Reports from the parties, and issued further scheduling orders. S. Consistent with the First Circuit's recent decision in Breh = et al v—Planning Board of the Town of Wellfleet• OmniiDoint Communications Inc, et al., 238 F.3d 117 (1' Cir. 2001), the parties have entered into settlement discussions, conditional on permitting, which may result in a final Settlement Agreement for the use of an alternative site, the Town - owned Stevens Estate property, 723 Osgood Street, North Andover, MA, for AT&T Wireless' proposed wireless communication facility. Such a final settlement would, if effectuated, resolve both the Federal Action and this action. t 6. On August 9, 2001, AT&T Wireless and Sprint PCS submitted a joint application In cases under the Telecommunications Act on 1996, both the First Circuit and the Federal District Court have encouraged settlement between wireless providers and zoning boards in appropriate circumstances. See Brehmer, et al. v. Planning Board of the Town of Wellfleet• Ompi2pint Communications Inc at al., 238 F.3d 117, 1210 st Cir. 2001) (concluding that, in cases under the Federal Telecommunications Act of 1996, it is "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. New Hampshire v. Omniggint Communications, 173 F.3d 9, 16-17 (1" Cir. 1999) Milt is in the common interest of (zoning boards) and [telecommunications companies] to find ways to permit the siting of towers in a way most congenial to local zoning'); )arson 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"). 6 NGU-30-2001 16:29 ANDERSGNKREIGER 6172526899 P.04i37 to the North Andover Planning Board for proposed facilities at the Stevens Estate property. The application set forth two development options: (a) one 1 00'two-carrier monopole, with internal antennas, to accommodate both carriers, or (b) two separate 90' monopoles, each with internal antennas, to accommodate one carrier each. 7. By decision filed with the Town Clerk on November 14, 2001, the Planning Board granted to the carriers a special permit with site plan approval for the 100' two -carrier option. A true copy of the decision is attached as Exhibit 1. S. Because of the close proximity of the proposed installations) to the Greater Lawrence airport, the carriers filed notice of both the 90' and the 100' options with the FAA. After appropriate consideration, the FAA has made a determination of "No Hazard on Air Navigation" for both the 90' and the 100' options. True copies are attached as Exhibits 2 and 3. These determinations certain conditions, including the following condition regarding marking and lighting: "As a condition to this determination, the structure should be marked and/or lighted in accordance with FAA Advisory Circular 70/7460-1K, Obstruction Marking and Lighting, Chapters 3 (marked), 4, 5 (red), & 12." The effect of these FAA determinations is that, whether at 90' or at 100', the proposed monopole(s) must be marked and lighted (with the red aviation warning light) in accordance with the enclosed referenced FAA circular. 9. The carriers now intend to apply the the North Andover Board of Appeals for a height and color variance for the 100' option and to request approval of that option by the Massachusetts Historical Commission. 10. As these permitting processes for the potential alterative site will take 3 NOU-30-2001 16:30 ANDERSONKREIGER 6172526899 P.05i37 considerable time, the parties have proposed the following amended discovery schedule for the Federal Action: ACTION ITEM CURRENT PROPOSED DEADLINE DEADLINE, Non -expert discovery complete February 21, 2002 May 21, 2002 Plaintiffs experts designation and March 22, 2002 June 21, 2002 disclosure Defendants' experts designation and April 8, 2002 July 12, 2002 disclosure Depositions of Experts May 14, 2002 August 9, 2002 Dispositive motions/motion for June 29, 2002 September 27, 2002 summary judgment 11. This schedule will permit the parties to focus their efforts and resources on -a settlement based on the alternative site while preserving AT&T Wireless' rights in the pending litigation in the event that the alternative site is not viable. 12. The parties have filed with the Magistrate Judge their latest Joint Status Report in the Federal Action on November 30, 2001, with an update of their progress. The next Joint Status Report is proposed to be due in federal court on February 28, 2002. 13. In short, the parties are actively litigating and attempting to settle the Federal Action. Because the Federal Action includes all the claims between the parties, and the State Case only contains the state law issues, judicial economy weighs heavily in favor of completing the federal proceedings, which may make unnecessary any action by this court at all: In any event there is currently no need to duplicate effort by litigating in the state court as well. 14. The parties will file their next periodic status report in this case on February 28, n NOU-30-2001 16=30 ANDERSONKREIGER 6172526899 P.06i37 2002, as well. In it, they will report as to the progress of the Federal Action and of settlement progress. If the Federal Case finally resolves the issues between the parties on the merits or by final settlement, then this case can be dismissed If not, then the parties will report back to this court, which will be in a position to determine what further proceedings are necessary in order to prepare and determine any remaining issues. The Plaintiff, By its Attorney, Step D. Anderson, Esq. B #018700 Anderson dt Kreiger LLP 47 Thorndike Street Cambridge MA 02141 617-252-6575 DATE: November 30, 2001 5 The Defendants, By Their Amey, Thomas J Urbelis, Esq. Urbelis Fieldsteel & Bailin LLP 155 Federal Street Boston MA 02110 617-338-2200 NOU-30-2001 16=30 ANDERSONKREIGER 6172526999 P.07i37 CERTIFICATE OF SERVICE I certify that I served a copy of the foregoing on the defendants by fax and first-class mail, postage prepaid, to their counsel of record listed below on this j'day of November 2001. S706n D. Anderson BY FAX 617-339-0122 Thomas J Urbelis, Esq. Urbelis Fieldsteel & Bailin LLP 155 Federal Street Boston MA 02110 G NOU-30-2001 16:37 RNDERSONKREIGER 6172526899 P.32i37 ANDERSON KREIGER LLP Attorneys at Lain STEP14EN D. ANDERSON Aho admitted in Cr ARTHUR P. KREIGER Alyn a nliu i in WY GEORGE A. HALL, JR. BY HAND Civil Clerk Office United States District Court One Courthouse Way Boston MA 02210 The Rulfinch Building 47 Thorndike Strect Cambiidge, MA 02141 (617) 252-6575 Fax: (617) 252-6899 November 30, 2001 ACHESON H. C:ALLACHAN DOUGLAS Id. WII.KrNS OI' I ihm.al PETERJ.CURA JEM, YL. ROELOFS DAWN STOLFI STALENHOEF RE: AT&T Wireless PCS LLC, d/b/a AT&T Wireless Services v Town of North Andover, Massachusetts Board of Appeals of the Town of North Andover, et al (D. Mass.) Civil Action No. Q0CV11668-DPW Dear Sir or Madam: Enclosed is a Third Joint Status Report with respect to the above -captioned matter. Sincerely, i St en D. Anderson sandemon@andetsonkreiger.com Enclosure cc: Thomas I Urbelis, Esq. (by fax 617-338-0122) Catherine Blue, Esq. (by email) Taylor Whiteside (by email) &MN.AnMarkeril\ Wdcrk8.wpd Ci 1'rintM wi.r..ri.d paper NOU-30-2001 16:3? ANDERSONKREIGER 6172526899 P.33i37 UNITED STATES DISTRICT COURT DISTRICT OF MASSACHUSETTS Civil Action No. 00-CV-11668DPW AT&T WIRELESS PCS LLC, ) d/b/a AT&T WIRELESS SERVICES, ) Plaintiff, ) V. ) TOWN OF NORTH ANDOVER, MASSACHUSETTS, ) BOARD OF APPEALS of the TOWN OF NORTH } ANDOVER, WILLIAM J. SULLIVAN, ) WALTER SOULE, ROBERT FORD, JOHN PALLONE, ) RAYMOND VIVENZIO, ELLEN McINTYRE, ) GEORGE EARLEY, and SCOTT KARPINSKI ) as they are members and associate members of the Board, ) Defendants. ) THIRD TOiNT STATUS REPORT Pursuant to the Court's instructions, the parties submit the following Joint Status Report with respect to this matter. The parties incorporate by reference the information set forth in their first and second Joint Status Reports. L . In this action, AT&T Wireless PCS, LLC, ("AT&T Wireless') appeals under Section 704 of the Telecommunications Act of 1996 and the Massachusetts Zoning Act from the denial by the North Andover Board of Appeals of its application for zoning certain variances related to a proposed wireless communication facility at the property located at Barker Farm, 1267 Osgood Street, North Andover, MA ("Barker Farm"). AT&T Wireless also seeks declarations invalidating certain Sections of the North Andover Zoning Bylaw. 2. Consistent with the First Circuit's decision in Brehmer, et al. v. Planning Board of the Town of Wellfleet. Omnipoint Communications Inc et al , 238 F.3d 117 (1' Cir. 2001), the NOU-30-2001 16:3? ANDERSONKREIGER 6172526899 P.34i37 parties have entered into settlement discussions, conditional on permitting, which may result in a final Settlement Agreement for the use of an alternative site, the Town -owned Stevens Estate property, 723 Osgood Street, North Andover, MA, for AT&T Wireless' proposed wireless communication facility. 3. On August 9, 2001, AT&T Wireless and Sprint PCS submitted a joint application to the North Andover Planning Board for proposed facilities at the Stevens Estate property. The application set forth two development options: (a) one 100' two -carrier monopole, with internal antennas, to accommodate both carriers, or (b) two separate 90' monopoles, each with internal antennas, to accommodate one carrier each. 4. By decision filed with the Town Clerk on November 14, 2001, the Planning Board granted to the carriers a special permit with site plan approval for the 100' two -carrier option. A true copy of the decision is attached as Exhibit 1. 5. Because of the close proximity of the proposed installation(s) to the Greater Lawrence airport, the carriers filed notice of both the 90' and the 100' options with the FAA. After appropriate consideration, the FAA has made a determination of "No Hazard on Air Navigation" for both the 90' and the 100' options. True copies are attached as Exhibits 2 and 3. These determinations certain conditions, including the following condition regarding marking and lighting: "As a condition to this determination, the structure should be marked and/or lighted in accordance with FAA Advisory Circular 70/7460-1 K, Obstruction Marking and Lighting, Chapters 3 (marked), 4, 5 (red), & 12." 2 NOU-30-2001 16:38 ANDERSONKREIGER. 6172526899 P.35i37 The effect of these FAA determinations is that, whether at 90' or at 100', the proposed monopole(s) must be marked and lighted (with the red aviation warning light) in accordance with the enclosed referenced FAA circular. 6. The carriers now intend to apply the North Andover Board of Appeals ("ZBA") for a height and color variance for the 100' option and to request approval of that option by the Massachusetts Historical Commission ("MHC"). 7. To allow the ZBA and MHC processes to proceed, the parties propose the fol lowing changes to the Court's schedule at this time. ACTION ITEM CURRENT PROPOSED DEADLINE DEADLINE Non -expert discovery complete February 21, 2002 May 21; 2002 Plaintiffs experts designation and March 22, 2002 June 21, 2002 disclosure Defendants' experts designation and April 8, 2002 July 12, 2002 disclosure Depositions of Experts May 14, 2002 August 9, 2002 Dispositive motions/motion for June 29, 2002 September 27, 2002 summary judgment 8. The parties will file their next Joint Status Report with the Court on or before February 28, 2002, with an update of their progress at that time. 9. In cases under the Telecommunications Act on 1996, both the First Circuit and this Court have encouraged settlement between wireless providers and zoning boards in appropriate circumstances. See Brehmer,_et al. v. Planning Board of the Town of Wel fleet;, Omnipoint Communications. Inc., et al., 238 F.3d 117,121 (1st Cir. 2001) (concluding that, in cases under the Federal Telecommunications Act of 1996, it is "not unreasonable for the board to 3 NOU-30-2001 16:39 ANDERSONKREIGER 6172526899 P.36i37 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. New Hampshire v. Omnipoint Communications, 173 F.3d 9, 16-17 (11 Cir. 1999) ("U]t is in the common interest 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. mnipoint 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'). 10. Accordingly, the parties respectfully request that the Court allow the parties to continue to pursue the settlement option based on a potential alternative site. The Plaintiff, By its Attorney, Stepkn D. Anderson, Esq. BBO # 018700 Anderson & Kreiger LLP 47 Thorndike Street Cambridge MA 02141 617-252-6575 The Defendants, By Their Attorney, Aga Thomas J Urbelis, Esq. �> Urbelis Fieldsteel & Bailin LLP 155 Federal Street Boston MA 02110 617-338-2200 4' NOV-30-2001 16:38 ANDERSONKREIGER 6172526899 P.37i37 CERTIFICATE ATE OF SERVICE I certify that I served a copy of the foregoing on the defendants by first-class mail, postage prepaid, to their counsel of record listed below on this» day of November, 2001. Thomas J Urbelis, Esq. Urbelis Fieldsteel & Bailin LLP 155 Federal Street Boston MA 02110 au%nandovv-6arke eo4oiastamm.3A.wpd 5 �s Stephe . Anderson TOTAL P.37 Town of North Andover Office of the Zoning Board of Appeals Community Development and Services Division Heidi Griffin, Division Director 27 Charles Street North Andover, Massachusetts 01845 D. Robert Mcetta Building Commissioner FAX TRANSMISSION TO: —TLmos FAX NUMBER: 33 5? O 19, FROM: Town of North Andover Zoning Board of Appeals 27 Charles Street North Andover, Massachusetts 01845 FAX: 978-688-9542 PHONE: 978-688-9541 f NORTH p 4�.0 ;�• �O O A SACMUSEt Telephone (978) 688-9541 Fax (978)688-9542 DATE: I a - 19 - 01 SUBJECT: es vii4;4o c k 1 i i C t a �S NUMBER OF PAGES: - REMARKS: u��,rer� ,'�� �t 4rideV5O0 & �� ae a 6q ��� � �� �i��e��55�S�r�✓� �s J�rl��h� � ��14 �� �G��� tan G� �� 4O0f 0d�V5 8n�ur�` o 6er5, 46- yIgnntlo �o�rd 04, eve ����It'l c/� �,� �.✓n,� ill 0- A�A1 1 i , fq����� e4 zn+pf2gf are. le reV00s,' ��� J,i - rDwi +A -e?A HO:aRI) OI .11)1)1 .-\LS 6,88-9541 BUILDING 688-9545 CONSERVATION 688-9530 FILALTH 688-9540 PLANNING 688-9535 , FIELDSTEEI. & BAILIN, LLP Andover Zoning Board of Appeals February 24, 1999 Page 3 III. Postin_ of Notice in the Town Hall Massachusetts statute states in pertinent part that "in all cases where notice of a public hearing is required notice shall be given ... by posting such notice in a conspicuous place in the city or town hall for a period of not less than fourteen days before the day of [the] hearing." Mass. Gen. L. ch. 40A, § 11. IV. Mailin Massachusetts statute states in relevant part that "in all cases where notice to individuals or specific boards or other agencies is required, notice shall be sent by mail, postage prepaid.... [To all] parties in interest." Mass. Gen. L. ch. 40A, § 11. J Unlike notice by publication or posting, the statute does not require that notice by mail be given fourteen days before the hearing. The period of notice by mail must be "reasonable depend[ing] upon the facts and circumstances of each case...." Rousseau v Building Inspector of Framingham, 349 Mass. 31, 37 (1965). i To illustrate, notices must be mailed early enough to afford those notified sufficient time to prepare for the hearing. Rousseau, 349 Mass. at 37. For example, notice mailed and received on the Friday before a hearing held on the following Tuesday evening is unreasonable. Id. The court has held that notice twelve days before the hearing is sufficient to prepare for the hearing. Kasper v Board of Appeals of Watertown, 3 Mass. App. Ct. 251, 257 (1975) (determining that the plaintiff learned about the hearing in the newspaper twelve days before the hearing). A. ;��Parties ��in�Interest�;,,���<�' — Q do I4 � El ?&Y -Ove- e--111 ;•, :; 1V1clJJavltu�tr}�- as .s.. --• •• - ...;h A.. � �. ��i3 include (1) the petitioner, including the;appltdanfarcihhieia' owner, ) a er yawners o g all parcels of land that are adjacent,>tathe�parcel to which the zomn relief relates, (3) owners o 4 abutters tokthe abutters'owmng an land:_directly opposite on .0 ---way, ( ) within three hundred feet:of the, property hne.kof the` pettl honer, (5.°) teplat�mg``boardof the'crty hn ._. oi:jown; and (6) the plariiiing board of:every�abutttng.city.:.or town_ Cappuccio v Zonir g_Board of-Appeals:.of-Soencer;1=398,Mass.j. .304.(1986). s Assessor's Certification The statute provides that "the assessors maintaining any applicable tax list shall certify to the permit granting authority or special permit granting authority the names and addresses of the ( ion shall be conclusive for all purposes." Mass. Gen. L. ch. parties in interest and such certificat 40A, § 11. ::4 Fax - Transmission TO: �Tn ���vl�� 2. , �pr el Id FAX Number: (p 7 — BY W1.163M Town of North Andover Zoning Board of Appeals FAX: #978-688-9542 PHONE: #978-688-9541 DATE: I a - 17- 0 I SUBJECT: 7 ol, XT Number of pages: REMARKS: Attached is a fax containing your legal notice. As you are aware, the attached legal notice has to be placed with the legal notice department at the Lawrence Eagle -Tribune, and it is your responsibility to do so as -soon -as -possible in order to meet the required deadline. Failure to place the legal notice in the newspaper within the required deadline (Thursday, November 20, 2001 by 5:00 PM) will mean that you will not be able to be placed on the ZBA agenda for the upcoming meeting. The direct dial phone number of the legal notice department of the Lawrence Eagle Tribune is 978-946-2412; the address is 100 Turnpike Street, North Andover, MA. Please be reminded that it is vour responsibility to mail a coov of the legal notice to each abutter via certified mail. You are required to complete the mailing of the legal notice at least 14 days prior the ZBA meeting. You are also required to bring proof of the certified mailing to the office of the ZBA Secretary as -soon -as you have completed the mailing; failure to do so will mean that you will not be placed on the ZBA agenda. Thank you. ANDERSON &KREIGER LLP Attorneys at Law STEPHEN D. ANDERSON Also admitted in CT ARTHUR P. KREIGER Also admitted in NY GEORGE A. HALL, JR. BY FAX 978-685-1588 Eagle Tribune Legal Notice Department ATTN: Terry The Bulfinch Building 47 Thorndike Street Cambridge, MA 02141 (617) 252-6575 Fax: (617) 252-6899 December 17, 2001 RE: Legal Notice - Town of North Andover Stevens Estate, 723 Osgood Street, North Andover MA Dear Terry: ACHESON H. CALLAGHAN Of Counsel DOUGLAS H. WILKINS Of Counsel PETER J. CURA JEFFREY L. ROELOFS DAWN STOLFI STALENHOEF Thank you for speaking with me on the phone today. As we discussed, enclosed is a legal notice of the North Andover Board of Appeals with respect to the above -captioned matter. Please publish this Legal Notice in the December 31, 2001 and January 8, 2002 editions of the Eagle Tribune. In addition, please send us a tear sheet of the notices along with your invoice to the address listed above. If you need any further information please do not hesitate to call me at the number listed above. Thank you. Sincerply, Stephen 6. Anderson sanderson(ibandersonkreieer.com Enclosure (2 pages) /kmf cc: Town of North Andover, Board of Appeals Taylor Whiteside Q D Jonathan Lazar, Esq. U t l; a ZQ 01 att\n. andstevens\I\eagletrib002.wpd BOARD OF APPEALS C! Printed on recycled paper Town of North Andover Office of the Zoning Board of Appeals Community Development and Services Division I-Icidi Criffin, Division Director 27 Charles Rrpei. North Andover, Massachusetts 01845 1) F obcrl Nicola Building( ('unrnr).\.worier Legal Notice North Andover, Board of Appeals o� MORTh 1ti I� p l Iolophl)me (978) 688-9541 Fax (978) 688-9542 Notice is hereby given that the Board of Appeals will hold a public hearing at the Senior Center, 120xZ Main Street, North Andover, MA on "Tuesday the 15th of January, 2002, at 7:30 PM to all parties interested in the appeal ol'AT&T Wireless PCS LLC by and through its Manager A1'&1' Wireless Services, lnc.d/b/a AT&T Wireless and Sprint Spectrum L.P. d/b/a Sprint PCS for premises affected at the Stevens Estate, 723 Osgood Street.North Andover, MA requesting a dimensional Variance from Section 8.9, Paragraph 8.9.3c.1 and 8,9.3.c.ii for relief of height requirements in order to construct one or two internal antenna monopoles., and requesting relief of color requirements from Section 8.9, Paragraph 8.9.4.a.iii in order to comply with FAA Advisory Circular 70/7460-1 K. Said premises affected is property with frontage on the east side of Osgood Street within the R-1 and R-2 zoning districts. Plans are available for review at the office of the Building Department 27 Charles Street, North Andover, MA, Monday through Thursday from the hours of 9:00 AM to 2:00 PM. By order of the Board of Appeals William J. Sullivan, Chairman Published in the Eagle Tribune on December 31, 2001 & January 8, 2002. i.eg aInotice2002-001 lu)\ill"OI \I'I'I \1\(.XX')1J1 lit it.I)1\(;rxx-')SJS ('(]VS1.!L\A 11()NfOX-WtW III \I'III(,XX.4`GI1 I'11nTINl.l.Kfi �: Town of North Andover Office of the Zoning Board of Appeals Community Development and Services Division Heidi Griffin, Division Director 27 Charles Street D. Robert Nicetta North Andover, Massachusetts 01845 Building Commissioner Legal Notice North Andover, Board of Appeals f NON7N q ,ssACHUs�� Telephone (978) 688-9541 Fax (978) 688-9542 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 15th of January, 2002, at 7:30 PM to all parties interested in the appeal of AT&T Wireless PCS LLC by and through its Manager AT&T Wireless Services, Inc.d/b/a AT&T Wireless and Sprint Spectrum L.P. d/b/a Sprint PCS for premises affected at the Stevens Estate, 723 Osgood Street North Andover, MA requesting a dimensional Variance from Section 8.9, Paragraph 8.9.3c.i and 8.9.3.c.ii for relief of height requirements in order to construct one or two internal antenna monopoles.; and requesting relief of color requirements from Section 8.9, Paragraph 8.9.4.a -iii in order to comply with FAA Advisory Circular 70/7460-1 K. Said premises affected is property with frontage on the east side of Osgood Street within the R-1 and R-2 zoning districts. Plans are available for review at the office of the Building Department 27 Charles Street, North Andover, MA; Monday through Thursday from the hours of 9:00 AM to 2:00 PM. By order of the Board of Appeals William J. Sullivan, Chairman Published in the Eagle Tribune on December 31, 2001 & January 8, 2002. Legalnotice2002-001 13UAR1) GF :\PPG:\LS 688-9541 BIJILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688.9535 Town of North Andover Office of the Zoning Board of Appeals Community Development and Services Division Heidi Griffin, Division Director 27 Charles Street North Andover, Massachusetts 01845 D. Robert Nicetta Building Commissioner Legal Notice North Andover, Board of Appeals f �10PT#j SgACHUSE Telephone (978) 688-9541 Fax(978)688-9542 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 15th of January, 2002, at 7:30 PM to all parties interested in the appeal of AT&T Wireless PCS LLC by and through its Manager AT&T Wireless Services, Inc.d/b/a AT&T Wireless and Sprint Spectrum L.P. d/b/a Sprint PCS for premises affected at the Stevens Estate, 723 Osgood Street North Andover, MA requesting a dimensional Variance from Section 8.9, Paragraph 8.9.3c.i and 8.9.3.c. ii for relief of height requirements in order to construct one or two internal antenna monopoles.; and requesting relief of color requirements from Section 8.9, Paragraph 8.9.4.a.iii in order to comply with FAA Advisory Circular 70/7460-1 K. Said premises affected is property with frontage on the east side of Osgood Street within the R-1 and R-2 zoning districts. Plans are available for review at the office of the Building Department 27 Charles Street, North Andover, MA; Monday through Thursday from the hours of 9:00 AM to 2:00 PM. By order of the Board of Appeals William J. Sullivan, Chairman Published in the Eagle Tribune on December 31, 2001 & January 8, 2002. Legalnotice2002-001 HO:\RD OF:\PPE \LS 688-9541 BUILDING 688-9545 CONSERVATION 688.9530 HEALTH 688-9540 PL/UNNING'688-9535 Town of North Andover NORTa Office of the Zoning Board of Appeals � 1 - A Community Development and Services Division x Heidi Griffin, Division Director 27 Charles Street �SS�CHU D. Robert Nicetta North Andover, Massachusetts 01845 Telephone (978) 688-9541 Building Commissioner Fax (978) 688-9542 Legal Notice North Andover, Board of Appeals 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 15th of January, 2002, at 7:30 PM to all parties interested in the appeal of AT&T Wireless PCS LLC by and through its Manager AT&T Wireless Services, Inc.d/b/a AT&T Wireless and Sprint Spectrum L.P. d/b/a Sprint PCS for premises affected at the Stevens Estate, 723 Osgood Street North Andover, MA requesting a dimensional Variance from Section 8.9, Paragraph 8.9.3c.i and 8.9.3.c.ii for relief of height requirements in order to construct one or two internal antenna monopoles.; and requesting relief of color requirements from Section 8.9, Paragraph 8.9.4.a iii in order to comply with FAA Advisory Circular 70/7460-1K. Said premises affected is property with frontage on the east side of Osgood Street within the R-1 and R-2 zoning districts. Plans are available for review at the office of the Building Department 27 Charles Street, North Andover, MA; Monday through Thursday from the hours of 9:00 AM to 2:00 PM. By order of the Board of Appeals William J. Sullivan, Chairman Published in the Eagle Tribune on December 31, 2001 & January 8, 2002. Legalnotice2002-001 BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535 DEC -14-2001 11:55 ANDERSONKREIGER ANDERSON &KREIGER LLP Attarneys at Law STEPHEN D. ANDERSON The Bulfinch Building ..ileo aJroitke(( in a 47 Thorndikc Street Cambridge, MA 02141 ARTHUR P. KREIGER (617) 252-6575 Alan admimd in NY Fax: (617) 252-6$99 GEORGE A HALL, JR. December 14, 2001 G17252G899 P.01/03 Can gent c� �L Ah def6VA 'M 2 ACHESON H. CALIAGHAN (If (k, mst) DOUGLAS H. WILKINS PETERJ.CURA JEFFREY L. ROELOFS DAWN STOLFI STALENHOEF To the Abutters/Parties in Interest for Stevens Estate, 723 Osgood Street, North Andover On the Attached List RE; NOTICE OF CRANE TEST PRIOR TO ZONING BOARD PUBLIC APPLICANTS: (1) AT&T Wireless PCS LLC by and through its Manager AT&T Wireless Services, Inc. d/b/a AT&T Wireless and (2) Sprint Spectrum L.P. d!b/a Sprint PCS OWNER. Town of North Andover SITE: Stevens Estate, 723 Osgood Street, North Andover Dear Abutter/Interested Party: You will soon be receiving an official notice of a public hearing by the North Andover Board of Appeals concerning the applications of AT&T Wireless PCS LLC and Sprint Spectrum L.P. for certain zoning relief to permit their respective installation and operation of proposed wireless communication facilities at the Town -owned Stevens Estate, 723 Osgood Street, North Andover, on a proposed 100' two -carrier monopole with internal antennas. In preparation for that hearing, the carriers will be conducting a crane test on Tuesday, December 18, 2001, from approximately 9:00 a.m. to approximately 1 p.m., to simulate the height of the proposed pole. Photos will be taken from various angles and will be available for inspection at the public hearing. The purpose of this letter is to let you know the date and time of the proposed test in the event you want to view it in person_ If you have any questions concerning the application please feel free to call me. SIM rel f Step=D.Anderson an sonnkreig er.com SDA/kmf Enclosure cc: North Andover Board of Appeals (by fax 978-688-9542) and its Members and Associate Members (by mail) alUaaadomxv=U/abuum_noticcl 0 71; -rod o„ —.Yd d paper IN C E q W � 0 DEC 17 2001 BOARD OF APPEALS .-j DEC -14-2001 11:55 City of Lawrence Airport Commission 492 Sutton Street North Andover, MA 01845 Michael L. Kettenbaeh c/o RMD 881 East Street Tewksbury, MA 01876 Albert F. Cullen, Jr. Maeve M Cullen 605 Osgood Street North Andover, MA 01845 George W. Ousler, Jr. Deanna M Ouster 623 Osgood Street North Andover, MA 01845 John Ferreira 980 Osgood Street North Andover, MA 01845 850 Osgood Street Trust Anne Marie Ryan, Tr 850 Osgood Street North Andover, MA 01845 Kirk G. Olsen Janet D. Olsen 159 Chadwick Street North Andover, MA 01845 Testa Realty Trust Mary C. Testa, Tr 75 Surrey Drive North Andover, MA 01845 ANDERSONKREIGER North Andover Housing Authority 310 Greene Street North Andover, MA 01845 Mary M. Machado 826 Osgood Street North Andover, MA 01845 !1� AVERY•, Address Labels William Chepulis James Chepulis 1018 Osgood Street North Andover, MA 01845 Douglas N Howe Jr Janice W Howe 665 Osgood Street North Andover, MA 01845 Town of North Andover 120 Main Street North Andover, MA 01845 China Blossom Realty Trust Richard Yee, Tr 946 Osgood Street North Andover, MA 01845 Landers Building Condominium 1000 Osgood Street North Andover, MA 01845 Gail E. Oja 177 Chadwick Street North Andover, MA 01845 Knights of Columbus Association Inc. 505 Sutton Street North Andover, MA 01845 Armando J. Vera Maritza E. Vera 83 Surrey Drive North Andover, MA 01845 Michael J. Walsh Linda Walsh 800 Osgood Street North Andover, MA 01845 MC Aloon Family Trust MA&JMAloon, Tr 790 Osgood Street North Andover, MA 01845 6172526899 P.02f03 Goodwin Trust clo Russell Treadwell 3667 Huntington Place Drive Sarasota, FL 34237 R & M Realty Trust R C Stoddard, M A C Ikacz 1060 Osgood Street North Andover, MA 01845 CYR Associates PO Box 207 Lawrence, MA 01842 John P. Routhier, Jr. Mary E. Routhier 59 Surrey Drive North Andover, MA 01845 Dennis V. Drinkwater 44 South Point Lane Ipswich, MA 01938 Annina Faraci 838 Osgood Street North Andover, MA 01845 David V. Smolag Lisa Smolag 67 Surrey Drive North Andover, MA 01845 Chadwick Street Nominee Trust V Scott Follansbee, Tr 79 Lucy Street North Andover, MA 01845 Blair Roberts Caren Jacobson 814 Osgood Street North Andover, MA 01845 Ethel A. Curtin 864 Chickering Road North Andover, MA 01845 Laser DEC -14-2001 11=56 Onofho Casqburri Joyce P B Casqburri 30 Foulds Terrace North Andover, MA 01845 Henry F. Har Margaret Davis 25 Stacy Drive North Andover, MA 01845 Thomas P. Rockwell, Jr. WM P Rockwell Living Revoc 676 Osgood Street North Andover, MA 01845 Thomas P. Rockwell William P. Rockwell 696 Osgood Street North Andover, MA 01845 ANDERSONKRE I GER Nina M. Gaffhey 15 Colgate Road North Andover, MA 01845 �� AVERY' Address Labels Selco Service Station 127 Public Square Cleveland, OH 44114 Josephine Palazzolo 190 Prescott Street North Andover, MA 01845 Aleen W. Tarro Kathleen R. Tarro 661 Osgood Street North Andover, MA 01845 a 6172526899 P.03.=03 Jeanett G. Sutton 14 Colgate Road North Andover, MA 01845 Douglas E. Daher 841 Chickering Road North Andover, MA 01845 Thomas P. Rockwell 696 Osgood Street North Andover, MA 01845 Kindred Realty Trust David A.& Branda Kindred PO Box 531 North Andover, MA 01845 Laser 51600' TOTAL P.03 Town of North Andover o N ' ORTH Office of the Zoning Board of Appeals Community Development and Services Division Heidi Griffin Division Director 27 Charles Street CHU$ D. Robert Nicetta P ( � 978 North Andover, Massachusetts 01845 Telephone 688-9541 Building Commissioner Fax (978) 688-9542 FAX TRANSMISSION TO: ��leen FAX NUMBER: 1-7 q- J76-451,3 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: 1`;) -' 3 01 SUBJECT: a3 els o d NUMBER OF PAGES: REMARKS: BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688.9535 STEPHEN D. ANDERSON Also admitted in Cr ARTHUR P. KREIGER Also admitted in NY GEORGE A. HALL, JR. ANDERSON &KREIGER LLP Attorneys at Lazo The Bulfinch Building 47 Thorndike Street Cambridge, NIA 02141 (617) 252-6575 Fax: (617) 252-6899 December 5, 2001 Zoning Board of Appeals Office of Community Development 27 Charles Street North Andover, MA 01845 dd� DEC 0 6 2001 BOARD OF APPEALS ACHESON H. CALLAGHAN Of Counsel DOUGLAS H. WILKINS Of Counsel PETER J. CURA JEFFREY L. ROELOFS DAWN STOLFI STALENHOEF RE: AT&T Wireless/Sprint: Stevens Estate, 723 Osgood Street, North Andover Dear Member's of the Board: Enclosed is a copy of the Owner's Consent to Development Application signed by the Town Manager of North Andover. If you have questions please give me a call. Enclosure cc: Taylor Whiteside, Esq. Heather Stratton Jonathan Lazar, Esq. Christine Morrisey att\n.andstevens\I\zba l .wpd Sincerely, U-, � . .,) �,, Stephen D. Anderson sanderson@andersonkreiger.com 6./ Printed on recycled paper DEC 0 6 2001 NJ OWNER'S CONSENT TO DEVELOPMENT APPLICATION BOARD OF APPEALS TO: Board of Appeals of the Town of North Andover Office of Community Development & Services 27 Charles Street North Andover, MA 01845 APPLICANTS: (1) AT&T Wireless PCS LLC by and through its Manager AT&T Wireless Services, Inc. d/b/a AT&T Wireless and (2) Sprint Spectrum L.P. d/b/a Sprint PCS OWNER: Town of North Andover SITE: Stevens Estate, 723 Osgood Street, North Andover MAP/LOT: Map 35, Lot 23 RELIEF SOUGHT: Height and Color Variance for Wireless Service Facilities (ZBL §§ 8.9.3.c.i, 8.9.3.c.ii, and 8.9.4.a.iii.2) DATE: November 26, 2001 Pursuant to the Town of North Andover's Zoning Bylaw, the Town of North Andover consents to the application of AT&T Wireless Services PCS LLC, by and through its manager AT&T Wireless Services, Inc., d/b/a AT&T Wireless ("AWS') and Sprint Spectrum L.P. d/b/a Sprint PCS ("Sprint") for any necessary zoning approvals to permit their respective installation and operation of proposed wireless communication facilities at the Town -owned Stevens Estate, 723 Osgood Street, North Andover in accordance with the following Plans for the proposed facility prepared by Greenman -Pedersen, Inc., dated November 21, 2001: SHEET DESCRIPTION Z-01 Tide Sheet Z-02 Property Plan One Compound &Z-'4:::_ Site Plan - One Compound Elevation - One Compound Without limitation, the Town consents to AWS and Sprint each seeking a height and color variance from the Board of Appeals to permit the installation of a 100' two -carrier pole with internal antennas, marked and lit in accordance with the requirements of the Federal Aviation Administration. The top of the pole is at 100' AGL; the top of the required FAA warning light is at 102' AGL, and the top of the lightning rod is at 104' AGL. The lease of land within Stevens Estate for this purpose has been expressly approved by a Special Town Meeting in December 2000, and AWS and Sprint have each been awarded a lease by the Town pursuant to its Invitation for Bids. TO OF N ANDOVER Notaryt� Zd Mar H. Rees, wn Manager My commission expires: atVnandstcvcns/l/owncr-consent3. wpd MEMORANDUM NOV .5 0 ?001 TO: Zoning Board of Appeals BOARD OF APPEALS Town of North Andover Office of Community Development & Services 27 Charles Street North Andover, MA 01845 APPLICANTS: (1) AT&T Wireless PCS LLC by and through its Manager AT&T Wireless Services, Inc. d/b/a AT&T Wireless and (2) Sprint Spectrum L.P. d/b/a Sprint PCS OWNER: Town of North Andover SITE: Stevens Estate, 723 Osgood Street, North Andover MAP/LOT: Map 35, Lot 23 RELIEF SOUGHT: 1. §§ 8.9.3.c.i and 8.9.3.c.ii (restricting height to 10' above the average building height within 300' or, if no such buildings, 10' above average tree canopy height); and 2. § 8.9.4.a.111.2 (restricting color above vegetation to light grey or blue) DATE: November 28, 2001 Pursuant to the Town of North Andover's Zoning Bylaw, AT&T Wireless Services PCS LLC, by and through its manager AT&T Wireless Services, Inc., d/b/a AT&T Wireless ("AWS") and Sprint Spectrum L.P. d/b/a Sprint PCS ("Sprint") apply for any necessary zoning variances to permit their respective installation and operation of proposed wireless communication facilities at the Town -owned Stevens Estate, 723 Osgood Street, North Andover. Specifically, AWS and Sprint each seek a variance with respect to the height and color requirements as set forth above. The lease of land within Stevens Estate for this purpose has been expressly approved by a Special Town Meeting in December 2000; AWS and Sprint have each been awarded a lease by the Town pursuant to its Invitation for Bids; and the Planning Board has issued a Special Permit with Site Plan Approval for the proposed Wireless Services Facilities. I. THE PROPOSED FACILITIES Consistent with the results of the RFP process, in their application to the Planning Board, AWS and Sprint proposed two alternative development options for their wireless communication facilities at the Stevens Estate site: (a) one 100' two -carrier monopole, with internal antennas, to accommodate both carriers, or (b) two separate 90' monopoles, each with internal antennas, to accommodate one carrier each. Preferring one pole to two poles, the Planning Board approved the 100' single pole facility on which both carriers will collocate.!' The carriers also pursued both I/ The top of the pole is at 100' AGL. The top of the required FAA light is at 102' AGL. The top of the required lightning rod is at 104' AGL. The Planning Board's Special Permit takes into account the two necessary additions at the top of the pole. Board of Appeals November 28, 2001 Page 2 options through the Federal Aviation Administration ("FAA"), which has determined that either option (two 90' poles or one 100' pole) must be marked and lighted to prevent a hazard to navigation given the proximity of the Greater Lawrence Municipal Airport. The carriers are now pursuing approval of the 100' two -carrier option by this Board and the Massachusetts Historical Commission ("MHC"). The internal antennas and cables will be "camouflaged" inside the poles within the meaning of §§ 8.9.2.d, 8.9.3.b.ii, 8.9.3.c.i, 8.9.4.a.ii, and 8.9.4.d.11 of the North Andover Zoning Bylaw. The proposed pole will be located in a densely wooded area northwest of the main Stevens Estate building and adjacent to an existing electric and telephone utility corridor serving the Estate. The proposed 100' pole will be capable of accommodating both carriers. The combined two -carrier facility involves a 40'x 30' fenced equipment compound at the base of the pole. This area will be surrounded by an 8' stockade fence. Within the fenced compound will be a two -carrier, L-shaped equipment shelter with clapboard siding and a pitched roof. Each carrier will have a separate 12'x 20' equipment area within the shelter. Coaxial cables will be run inside the pole and across an ice bridge/cable tray to connect the antennas to the equipment within the equipment shelter. Each facility will be served by associated power/telephone connections. Additional details of the proposed wireless services facility, including electrical, mechanical, foundation, equipment and related information, are set forth below and in the enclosed plans. II. DOCUMENTS SUBMITTED IN SUPPORT OF APPLICATIONS Enclosed is a check on behalf of each carrier made out to the Town of North Andover in the amount of $50.00 for the Board's application fee. Also enclosed are 11 copies of this memorandum and the following materials: Building Commissioner's determination that a height variance is needed; 2. AWS' completed Board of Appeals Application For Relief From The Zoning Ordinance; Sprint's completed Board of Appeals Application For Relief From The Zoning Ordinance; 4. Certified Abutters List; Board of Appeals November 28, 2001 Page 3 5. One set of addressed, stamped envelopes for all abutters identified on the Certified Abutters List; 6. Assessor's Map numbered 35; 7. Zoning Map; 8. The following Plans for the proposed facility prepared by Greenman -Pedersen, Inc.. SHEET DESCRIPTION Z-01 Title Sheet Z-02 Property Plan - One Compound Z-03 Site Plan - One Compound Z-04 Elevation - One Compound 9. AWS' RF report, with coverage charts, demonstrating (1) the need for the facility, (2) the coverage it will provide, (3) "that there are no feasible preexistent structures upon which to locate" under § 8.9.3.b.9, and (4) the other existing AWS facilities in North Andover and outside North Andover within one mile of its boundary; 10. Sprint's RF report, with coverage charts, demonstrating (1) the need for the facility, (2) the coverage it will provide, (3) "that there are no feasible preexistent structures upon which to locate" under § 8.9.3.b.9, and (4) the other existing AWS facilities in North Andover and outside North Andover within one mile of its boundary; 11. Notarized Owner's Consent to Municipal Development application; 12. View Shed Analysis prepared by Greenman -Pedersen, Inc. based on crane/balloon test conducted for AWS' IFB Response;2/ 13. AWS' Report to the Massachusetts Department of Public Health certifying that the maximum allowable frequencies, power levels and standards will not be exceeded for the facility; 2/ If the Board requests, a crane/balloon test will be conducted in connection with the zoning process, and supplemental photographs and/or renderings will be submitted at that time. Board of Appeals November 28, 2001 Page 4 14. The Massachusetts Department of Public Health's approval of AWS' proposed facility; 15. Sprint's Report to the Massachusetts Department of Public Health certifying that the maximum allowable frequencies, power levels and standards will not be exceeded for the facility; 16. AWS' Notices to the Federal Aviation Administration of the proposed construction; and 17. FAA Determination Regarding the proposed 100', two -carrier flagpole -style monopole; 18. FAA Determination Regarding AT&T Wireless' proposed 90', one -carrier flagpole -style monopole; 19. FAA Advisory Circular 70/7460-1K (the "1K Circular") referred to in these determinations; 20. Noise Analysis prepared by Alactronics; and 21. The Planning Board Special Permit. III. THE PLANNING BOARD SPECIAL PERMIT Pursuant to Sections 8.9 of North Andover's Wireless Service Facilities Zoning Bylaw, the Planning Board made the following findings in its special permit decision: 1. The specific site is :an appropriate location for the project as the site is extremely large (153 acres), topographically higher than the surrounding area, and contains extensive forested land within which the proposed flagpole -style facility will blend for an aesthetic and understated wireless communication installation. The site was approved by Town Meeting and by the Town's Invitation for Bids for the proposed use. 2. The use as developed will not adversely affect the neighborhood as indicated by the submittals and reports referenced at the end of this decision in Condition #11. 3. The use will not result in any nuisance or serious hazard to vehicles or pedestrians. 4. The carriers have demonstrated that the facility is necessary for each to provide adequate Board of Appeals November 28, 2001 Page 5 service to the public as indicated by the submittals and reports referenced at the end of this decision in Condition #11. The plans meet the requirements of the Wireless Service Facilities By-law Section 8.9, with the exception of the waivers granted hereby and listed in Condition #10. 6. Adequate and appropriate facilities will be provided for the proper operation of the proposed use. The proposed 100' flagpole -style monopole, antennas cables, equipment shelter and equipment area are described in detail on the plans and reports submitted. Each carrier's proposed equipment shelter will be an unoccupied, unmanned, specialized area for the wireless communications equipment. Because this particular flagpole -style installation constitutes a camouflaged facility under Sections 8.9.2.d, 8.9.3.b.2, 8.9.3.c.i, 8.9.4.a.ii and 8.9.4.d.ii, the requirements for dense tree growth to screen views under Sections 8.9.3.c.ii, 8.9.4.a.ii and 8.9.4.d.ii do not apply. In any event, the proposed installation is situated in an area of dense natural tree growth on the Stevens Estate property, so that the requirements for dense tree growth to screen views are satisfied. The Planning Board determined that the project "is in harmony with the general purpose and intent of the Town of North Andover Zoning Bylaw and generally complies with the requirements of the Bylaw as listed in Sections 8.3, 8.9 and 10.3." The Planning Board also determined that the project "requires conditions in order to be fully in compliance." The Planning Board therefore granted the Special Permits with Site Plan Approvals to the carriers subject to specific conditions regarding (1) discontinuance or abandonment, (2) performance guarantees, (3) the term of the specialpermit, (4) pre -endorsement requirements, (5) pre - construction requirements, (6) pre -building permit requirements, (7) pre -occupancy requirements, (8) release of security requirements, and (9) a variety of additional conditions regarding the construction and operation of the facility. In addition, the Planning Board found that the application satisfied or was entitled to a waivers (in accordance with Section 8.9.3.c.v.3 and Section 8.9.5.d.ix) from the following criteria: (1) provision of RF coverage maps for other carriers, (2) compliance with siting filing requirements, (3) provision of a color board, (4) performance of a balloon or crane test, (5) compliance with hazardous material criteria, (6) compliance with watershed protection district criteria, (7) performance of a boundary survey, (8) designation of easements and legal conditions, (9) performance of storm water drainage calculations, (10) compliance with signage requirements, (11) provision of a landscape plan, (12) performance of a drainage basin study, (13) performance of a traffic study, (14) provision of an erosion control plan, and (15) provision of a best management practices plan. Board of Appeals November 28, 2001 Page 6 IV. VARIANCES AND WAIVERS A. Why may a variance or waiver be needed? Variances from the following height and color requirements may be necessary for the proposed facility:3/ The proposed installation of a 100' free standing pole plus the required FAA light and the lightning rod at the top of the pole may exceed both the "General" height limit4' and the "Ground -Mounted Facilities" height limits' of Section 8.9.3.c of North Andover's Wireless Services Facilities Zoning Bylaw. AWS and Sprint request variance relief from these provisions. There are no principal buildings within 300' of the proposed pole(s); the proposed pole(s) will be situated on the side of the Stevens Estate hill, not on the top of the hill; the height (AMSL) of the tallest trees in the vicinity of the pole(s) exceed the height (AMSL) of the pole(s); and the average tall tree canopy height in the vicinity of the pole(s) is 81.0' feet. The top of the pole itself is at 100' AGL; the top of the required FAA warning light is at 102' AGL, and the top of the lightning rod is at 104' AGL. Therefore, since one can exceed the tree canopy by 10' as of right, a height variance of 9' appears necessary for the pole; an additional 2' for the FAA light; and an additional 2' for the lightning rod, for a total height variance of 13' to the top of 3/ AWS and Sprint apply for variance relief without waiving their position that such variance relief is not lawfully required. Without limitation, it would be erroneous for the Board to apply these requirements to prohibit the proposed facility. To do so would largely negate the authorization of special permits in the Wireless Services Overlay District and would violate. the Telecommunications Act of 1996 because the Bylaw would then "prohibit or have the effect of prohibiting the provision of personal wireless services." 47 U.S.C. § 332(c)(7)(B)(i)(II). 4/ Section 8.9.3.c provides the following "General" height limit: Height, General. Regardless of the type of mount. wireless service facilities shall be no higher than ten feet above the average height of buildings within 300 feet of the proposed facility. In addition, the height of a wireless service facility shall not exceed by more than 10 feet the height limitations of the zoning district in which the facility is proposed to be located, unless the facility is completely camouflaged such as within a flagpole, steeple, chimney, or similar structure. Wireless service facilities may locate on a building that is legally non -conforming with respect to height, provided that the facilities do not project above the existing building height. 5/ Section 8.9.3.c provides the following "Ground -Mounted Facilities" height limit: Height, Ground -Mounted Facilities. Ground -mounted wireless service facilities shall not project higher than ten feet above the average building height or, if there are no buildings within 300 feet, these facilities shall not project higher than ten feet above the average tree canopy height, measured from ground level (AGL). If there are no buildings within 300 feet of the proposed site of the facility, all ground -mounted wireless service facilities shall be surrounded by dense tree growth to screen views of the facility in all directions. These trees may be existing on the subject property or planted on site. Board of Appeals November 28, 2001 Page 7 the lightning rod.. Given the proximity of the Greater Lawrence Municipal Airport, the FAA has determined that the pole must be marked and lit to avoid becoming a hazard to air navigation. As a result, AWS and Sprint propose to paint the pole in accordance with the requirements of the FAA, which differ from the color requirement of Section 8.9.4.a.iii.2" of North Andover's Wireless Services Facilities Zoning Bylaw. AWS and Sprint request variance relief from this provision. B. What are the special conditions relating to the soil condition, shape or topography of the land or structures for which the variance is requested, which especially affect the land or structures but do not affect generally the zoning district in which it is located? The special conditions related to the Stevens Estate property, that do not generally affect the zoning district, are that (1) it is an extremely large, irregularly shaped property, (2) it is topographically higher than much of the surrounding area but on the side - not the top - of the hill, (3) it has an extensive tall tree canopy, (4) it contains a variety of significant historic structures, and (5) it is on the flight path to the Greater Lawrence Municipal Airport. These special conditions are pertinent to the height and color variances which are sought here. C. Why does the applicant believe that the variances requested 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? The requested variances 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. The installation is in a location specifically approved by Town Meeting, the North Andover Board of Selectmen, the North Andover Wireless Subcommittee, the North Andover Planning Board as the Special Permit Granting Authority, and the Federal Aviation Administration. Pursuant to Sections 8.9 of North Andover's Wireless Service Facilities Zoning Bylaw, as the Special Permit Granting Authority for wireless communication facilities, the Planning Board has expressly found that: 6/ Section 8.9.4.a.iii.2 provides the following "color" requirement: To the extent that any wireless service facilities extend above the height of the vegetation immediately surrounding it, they must be painted in a light gray or light blue hue which blends with sky and clouds. Board of Appeals November 28, 2001 Page 8 1. The specific site is an appropriate location for the project as the site is extremely large (153 acres), topographically higher than the surrounding area, and contains extensive forested land within which the proposed flagpole -style facility will blend for an aesthetic and understated wireless communication installation. 2. The use as developed will not adversely affect the neighborhood. 3. The use will not result in any nuisance or serious hazard to vehicles or pedestrians. 4. The plans meet the requirements of the Wireless Service Facilities By-law Section 8.9, as applied or as waived by the Planning Board. Adequate and appropriate facilities will be provided for the proper operation of the proposed use, and each carrier's proposed equipment shelter will be an unoccupied, unmanned, specialized area for the wireless communications equipment. 6. Because this particular flagpole -style installation constitutes a camouflaged facility under Sections 8.9.2.d, 8.9.3.b.2, 8.9.3.c.1, 8.9.4.a.11 and 8.9.4.d.11, the requirements for dense tree growth to screen views under Sections 8.9.3.c.11, 8.9.4.a.11 and 8.9.4.d.ii do not apply. In any event, the proposed installation is situated in an area of dense natural tree growth on the Stevens Estate property, so that the requirements for dense tree growth to screen views are satisfied. 7. The project "is in harmony with the general purpose and intent of the Town of North Andover Zoning Bylaw and generally complies with the requirements of the Bylaw as listed in Sections 8.3, 8.9 and 10.3." Thus, the design and location of the facilities (1) buffer the wireless communication devices to the surrounding neighborhood by the significant size of the Stevens Estate property, (2) screen the facilities from view as much as possible by the tall, dense, natural tree canopy, (3) utilize an existing utility corridor on the property for access to the proposed facilities, thereby minimizing required tree cutting, (4) present an environmentally secure facility, and (5) afford significant revenue to the Town. 8. What is the substantial hardship, financial or otherwise, to you, which would result from a literal enforcement of the provisions of the Zoning Bylaw? The applicants and the Town as property owner would suffer substantial hardship if the provisions of the Zoning Bylaw were literally, enforced to preclude the proposed use on the subject property. Board of Appeals November 28, 2001 Page 9 The applicants both require a location for their communications antennae in this area of North Andover. The Planning Board has specifically found that the "carriers have demonstrated that the facility is necessary for each to provide adequate service to the public ...." The applicants have been attempting to secure a site to serve this area for an extensive period of time. AWS has been denied a facility at the Barker Farm, and litigation is pending. The Town has directed AWS and Sprint to the Stevens Estate property as a viable location for their needed facilities. Indeed, short of litigation, the recent adoption of the 600' setback amendment to the Wireless Bylaw leaves the Stevens Estate property as one of the only potentially viable sites in this area of North Andover. Further, a literal enforcement of the height requirements would effectively eliminate collocation by the carriers on a single pole. Given the tree canopy and the elevation of the hill which slopes upward of the facility, neither carrier can accept an antenna height less than 90' on the pole. If the height variance is denied, the purposes of the Bylaw to promote collocation and minimize the number of new towers in Town will not be advanced. The carriers will be forced to seek separate permits to construct separate 90' poles which would increase the amount of land area cleared of trees at the site and which would result in two striped and lit poles on the Stevens Estate hill. As the SPGA for wireless communication facilities, the Planning Board has, in its Decision, sought to avoid this result. The only way to do so is to allow the requested height variance. In view of the requirements of the federal Telecommunications Act, this Board is obliged to apply the height limits of the Bylaw in a way that avoids effective prohibition and/or unlawful discrimination. Town Meeting, the Planning Board, the Selectmen, and the Wireless Subcommittee have determined that the proposed site is the most appropriate site to serve this area of North Andover. The remoteness of the facilities from surrounding residential uses furthers the purpose of Town Meeting in adopting the 600' setback requirement in the Bylaw. As for the color of the pole, the First Circuit has recently held in Southwestern Bell Mobile Systems, Inc., d/bla Cellular One, v. Todd, 244 F.3d 51, 62 (1st Cir.2001), that it is impermissible for the Board to regulate the facility based on matters reserved to or controlled by the FAA (emphasis added): Finally, we note that the Board also based its ... visual impact conclusion upon the fact that the tower would be painted in alternating red and white sections and would have a night beacon. The tower would only have these features because the FAA requires them. Though the Leicester Wireless Bylaw prohibits bright coloration and night lighting, it allows deviations from that prohibition when required by the FAA. To the extent that the Board's objection was based upon the failure to paint the tower a Board of Appeals November 28, 2001 Page 10 neutral color, the Board improperly relied upon this evidence to justify its decision. Because we conclude that there was substantial evidence to support the denial without the inclusion of this factor, it does not affect the outcome of this case. The color of the pole has been preempted by federal law, and accordingly a variance should be granted to conform the Bylaw's color requirements to the mandate of federal law. Finally, the Town as owner would suffer substantial hardship by being deprived of the revenue associated with the proposed use. Since this revenue can assist the Town in continuing to maintain the historic structures on the property or for other important public purposes, the Town will benefit from the proposed facility by helping to maintain the historic character of the site. VI. CONCLUSION For the foregoing reasons, AWS and Sprint respectfully request that the Board schedule this application for a public hearing at its next regularly scheduled meeting for which proper notice can be given and that the Board grant the foregoing relief and any other zoning relief that may be just and proper for the installation and operation of the proposed facilities. AT&T Wireless Services By its attorneys, Step n D. Anderson, Esq. ERSON & KREIGER LLP 47 Thorndike Street Cambridge, MA 02141 (617)252-6575 Dated: November 28, 2001 Enclosures Sprint Spectrum L.P. d/b/a Sprint PCS By its consultant, Christine Morrisey Wellman & Associates 70 Broadway Street. Westford, MA 01886 Dated: November 28, 2001 cc: Town Clerk (By Hand) Taylor Whiteside (by email w/out encl. and Federal Express w/encl.) Jonathan Lazar, Esq. (by email w/out encl. and Federal Express w/encl.) att\n.andstcvcns\l\variance-applic-1 A.wpd Town of North Andovek Off -ice of the Building, Department Commuitity Development and Services Division 27 Ch-jrles `itrj,rt North Antlover, Ma45a(hasetN 01845 I). Pohert Niceaa Rui(dirr Crnuurscmrter M EM ORANDI TM To: Heidi Griffin, Town Planner From: Robert Nicetta, Building Commissione C(�) Date: September 14, 2001 Re: AT&T Wireless Services, Inc., d/b/a AT&T Wireless Sprint Spectrum L.P. d/b/a Sprint PCS Stevens Estate -723 Osgood Street Q NON Tp o� ' 70 C HU56 Felephoner (978) 688.9545 Fax (978) 68s.9.542 I have reviewed the plans and accompanying memorandurn for the sitting of wireless services at the referred location. Pursuant to Section 8.9, Paragraph 3c (ii), which states in part "these facilities shall not project higher than ten feet above the average tree canopy height, measured from ground level (ACL)". As shown on the submitted site plan the one 100 feet two -carrier monopole or the two separate 90 feet monopoles arel9 feet and/or 9 feet above the average tree canopy height. As such, I am of the opinion that the applicant must petition the Zoning Board of Appeals for a height variance. Page 2 of 4 2r Application for a VARIANCE .. � ,.. �„ .� � ai �v ZonI110 M41 peals NORTH ANDOVER 1. Petitioner: Name, address and telephone number: 2001 NOV 30 P 12: S 1 AT&T Wireless 400 Blue Hill Drive, Suite 100 Westwood, MA 02090 • The petitioner shall be entered on the legal notice and the decision as entered above. 2. Owners of Land: Name Address and Telephone number and number of years under this ownership: Town of North Andover, Main Street, North Andover, MA 01845 (978) 688-9556 Years Owned Land: Approx. 7 years 3 Location of Property: . a. Street: 723 Osgood Street Zoning District Residence 1 and 2 b. Assessors: Map number 35 Lot Number: 23 c. Registry of Deeds: Book Number 4197 Page Number: 63 4. Zoning Sections under which the petition for the Variance is made. §§ 8.9.3.c.i and 8.9.3.c.ii (restricting height to 10' above the average building height within 300' or, if no such buildings, 10' above average tree canopy height); and §8.9.4.a.iii.2 (restricting color above vegetation to light grey or blue) • Refer to the Permit Denial and Zoning By-Lavy Plan Review as supplied by the Building Commissioner 5. Describe the Variance request A variance with respect to height and color requirements for proposed wireless communication facilities at the Town -owned Stevens Estate Property in accordance with Planning Board Special Permit previously issued. See attached. 'The above description shall be used for the purpose of the legal notice and decision. A more detailed description is required pursuant to the Zoning Board Rules and Regulations as cited on page 4 of this application. Failure by the applicant to clearly describe the request may result in a decision that does not address the Intent of the applicant. The decision will be limited to the request by the applicant and will not Involve additional Items not included above. 6a, Difference from Zoning By -Law requirements: Zoning By -Law Requirements. (A and B are in the case of a lot splij) Lot Area Open Space Percent Lot Frontage Parking ' Sq. Ft. Sq. Ft. Coverage Feet Spaces Front A. % B. % Indicate the dimensions that will not meet current Minimum Lot set Back' Side A Side B Rear Lot conforms in all respects. Relief sought for height and color of pole. Page 3 of a Application for a VARIANC E 5 Zoning Board of Appeals 6. b. Existing Lot: Lot Area Open Space Percent Lot Frontage Parking Minimum Lot set Back Sq. Ft. Sq. Ft. Coverage Feet Spaces Front Side A Side B Rear c. Proposed Lot (S): Lot Area Open Space Percent Lot Frontage Parking Minimum Lot set Back Sq. Ft. Sq. Ft. Coverage Feet Spaces Front Side A Side B Rear d. Required Lot: (As required by Zoning By -Law) Lot Area , Open Space Percent Frontage Parking * Minimum Lot set Back Sq. Ft. Sq. Ft. Coverage Feet Spaces Front Side A Side B Rear 7. a. Existing Buildings: Ground Floor Number of Total Use of Square feet Floors Sq.feet Building* • Reference Uses from the Zoning By Law. State number of units in building. b. Proposed Buildings: Ground Floor Number of Total Use of Square feet Floors Sq. feet Building* • Reference Uses from the Zoning By number of units in building. 8. Petitioner and Landowner signature (s): Every application for a Variance shall be made on this form which is the official form of the Zoning Board of Appeals. Every application shall be filed with the Town Clerk's Office. It shall be the responsibility of the petitioner to furnish all supporting documentation with this application. The dated copy of this application received by the Town Clerk or the Zoning Board of Appeals does not absolve the applicant from this responsibility. The petitioner shall be responsible for all expenses for filing and notification. Failure to comply with application requirements, as cited herein and in the Zoning Board Rules and Regulations may result in a dismissJl?y the Zoning Board of this application as incomplete. Type above name (s) hire ��`��� /��% ��7�yf�'✓✓?,1��1 3 Page 2of4 Application for a VARIANCE Zoning'g*nmmis NORTH ANDOVER 1. Petitioner: Name, address and telephone number: 2001 NOV3 Sprint Spectrtmn L P "/a Sprint PCS P �2 51 1 International Boulevard, Suite 800 Mahwah, NJ 07495 _ _... The petitioner shall be entered on the legal notice and the decision as entered above. 2. Owners of Land: Name Address and Telephone number and number of years under this ownership: Town of North Andover, Main Street, North Andover, MA 01845 (978) 688-9556 Years Owned Land: Ap rox. 7 years 3. Location of Property: . a. Street: 723 Osgood Street Zoning DistdctResidence 1 and 2 b. Assessors: Map number 35 Lot Number: 23 c. Registry of Deeds: Book Number 4197 Page Number. 63 4. Zoning Sections under which the petition for the Variance is made. 1§ 8 9 3 c i and 8.9.3.6i (restricting height to 10' above the average building height within 300' or, if no such buildings, IV above average tree canopy height); and §8 9 4 a iii 2 (restricting color above vegetation to light grey or blue) • Refer to the Permit Denial and Zoning By -t avY Plan Review as supplied by the Building CWnff 0WW 5. Describe the Variance request A variance with respect W height and color requirements for proposed wireless communication facilities at the Town -owned _Stevens Estate Property in accordance with Planning Board Special Permit previously issued. See attached. 'The above description shall be used for the purpose of the legal notice and decision. A more detailed description is rewired pursuant to the Zoning Boadoes�not address the Inte of the Rules and Regulations as pplicanon nL�The decision is will be rrmited to the request by thepplicant and will lication. Failure by the applicant to clearly describe no involve additionaluest tin a ltems not that included above. 6a, Difference from Zoning. By -Law requirements: Indicate the dimensions that will not meet current Zoning By -Law Requirements. (A and B are in the case of a lot spld) Minimum Lot set Bads Lot Area Open Space Percent Lot Frontage Parking Sq. Ft Sq. Ft coverage Feet Spaces Front Side A Side B Rear A. % % — Lot conforms in all respects. Relief sought :for height and color of pole. Page,3, Application fora -VARIANCE oft __ Zoning Board `of Appeals 6. b. Existing Lot: Lot Area Open Space Percent Lot Frontage Parking Minimum Lot set Back Sq. Ft Sq. Ft Coverage Feet Spaces Front Side A Side B Rear c. Proposed Lot (S): Lot Area Open Space Percent Lot Frontage Parking Minimum Lot set Bade ' Sq. FL Sq. Ft Coverage Feet Spaces Front Side A Side B Rear x d. Required Lot: (As required by Zoning By -Law) Lot Area Open Space Percent Frontage Parking Minimum Lot set Back ' Ld%q. Ft Sq. FL coverage Feet Spaces Front Side A Side B Rear ,a 7. a. Existing Buildings: Ground Floor Number of Total Use of Square feet Floors Sq.feet Building' • Reference Uses from the Zoning By Law. State number of units in building. b. Proposed Buildings: Ground Floor Numberof Total Use of Square feet Floors Sq. feet Building" ................... R....... eference Uses from the Zoning By number of units in building. 8. Petitioner and Landowner signature (s): Every application for a Variance shall be made on this form which is the official form of the Zoning Board of Appeals_ Every application shall be flied with the Town Cletift Office. it shall be the responsibility of the petitioner to furnish all supporting documentation with this application. The dated copy Of this application received by the Town Clerk or the Zoning Board of Appeals does not absolve the applicant from this responsibility. The petitioner shall be responsible for all expenses for filing and notification- Falkure to comply with application requirements, as cited herein and in the Zoning Board Rules and Regulations may It in a dismimml by the Zoning 'Board of this application as inoonpiete. S. above name (s) here 4 Town of North Andover, Zoning Board of Appeals APPLICANT'S PROPERTY: list by map, parcel, name and address (PLEASE PRINT CLEARLY, USE BLACK INK) MAP PARCEL NAME ADDRESS Town of North Andover 35 23 (Stevens Estate) 723 Osgood Street ABUTTERS PROPERTY: list by map, parcel, name and address (PLEASE PRINT CLEARLY, USE BLACK INK) MAP PARCEL NAME ADDRESS See attached. TLI0 IAIr-nF-I1 A A TIP1A I I A I An rl M -r A IAI-M AT T11r Annrn I 1 IQ I"IF VI\IvI/*%I lu" vV/1J UD I M111CU /i l 1 r1c HJJCJJUM'-) UN -1(,t ANU ULKI IrILU by I HE ASSESSOR'S OFFICE: BY: DATE: SIGNATURE, ASSESSOR, TOWN OF NORTH ANDOVER Required list of parties of interest Page one �_ of C►tified by Boardokssessor North Andov �a ABUTTERS AND ABUTTERS TO ABUTTERS WITHIN 300 FEET Subject Property: STEVENS ESTATE 723 Osgood Street Owned by: Town of North Andover 120 Main Street North Andover, MA Map 35 Parcel 23 Parcel ID Location Owner and Mailing Address Map 35 Parcel 16 492 Sutton Street City of Lawrence Airport Commission 492 Sutton Street North Andover, MA 01845 Map 35 Parcel 19 1018 Osgood Street William Chepulis James Chepulis 1018 Osgood Street North Andover, MA 01845 Map 35 Parcel 20 1025 Osgood Street Goodwin Trust c/o Russell Treadwell 3667 Huntington Place Drive Sarasota, FL 34237 Map 35 Parcel 24 Osgood Street Michael L. Kettenbach c/o RMD 881 East Street Tewksbury, MA 01876 Map 35 Parcel 25 Osgood Street Michael L. Kettenbach c/o RMD 881 East Street Tewksbury, MA 01876 Map 35 Parcel 26 665 Osgood Street Douglas N Howe Jr Janice W Howe 665 Osgood Street North Andover, MA 01845 Map 35 Parcel 29 1060 Osgood Street R & M Realty Trust R C Stoddard, M A C Ikacz 1060 Osgood Street North Andover, MA 01845 ^ ,e ONtified by D !/ di Boa f Assessor North Andove Map 35 Parcel 32 605 Osgood Street Albert F. Cullen, Jr. Maeve M Cullen 605 Osgood Street North Andover, MA 01845 Map 35 Parcel 33 Osgood Street Michael L. Kettenbach c/o RMD 881 East Street Tewksbury, MA 01876 Map 35 Parcel 44 Great Pond Road Town of North Andover 120 Main Street North Andover, MA 01845 Map 35 Parcel 50 1003 Osgood Street CYR Associates PO Box 207 Lawrence, MA 01842 Map 36 Parcel 4 623 Osgood Street George W. Ousler, Jr. Deanna M Ousler 623 Osgood Street North Andover, MA 01845 Map 36 Parcel 21 Osgood Street Michael L. Kettenbach c/o RMD 881 East Street Tewksbury, MA 01876 Map 74 Parcel 2 492 Sutton Street City of Lawrence Airport Commission 492 Sutton Street North Andover, MA 01845 Map 74 Parcel 3 946 Osgood Street China Blossom Realty Trust Richard Yee, Tr 946 Osgood Street North Andover, MA 01845 Map 74 Parcel 4 59 Surrey Drive John P. Routhier, Jr. Mary E. Routhier 59 Surrey Drive North Andover, MA 01845 Map 74 Parcel 5 980 Osgood Street John Ferreira 980 Osgood Street North Andover, MA 01845 Map 74 Parcel 6 1000 Osgood Street Landers Building Condominium 1000 Osgood Street North Andover, MA 01845 mortified Boa of Assessor North Andov 6 d Map 74 Parcel 6 1000 Osgood Street Dennis V. Drinkwater 44 South Point Lane Ipswich, MA 01938 Map 74 Parcel 7 850 Osgood Street 850 Osgood Street Trust Anne Marie Ryan, Tr 850 Osgood Street North Andover, MA 01845 Map 74 Parcel 12 177 Chadwick Street Gail E. Oja 177 Chadwick Street North Andover, MA 01845 Map 74 Parcel 13 838 Osgood Street Annina Faraci 838 Osgood Street North Andover, MA 01845 Map 74 Parcel 15 Osgood Street China Blossom Realty Trust Richard Yee, Tr 946 Osgood Street North Andover, MA 01845 Map 74 Parcel 22 159 Chadwick Street Kirk G. Olsen Janet D. Olsen 159 Chadwick Street North Andover, MA 01845 Map 74 Parcel 23 505 Sutton Street Knights of Columbus Association Inc. 505 Sutton Street North Andover, MA 01845 Map 74 Parcel 28 67 Surrey Drive David V. Smolag Lisa Smolag 67 Surrey Drive North Andover, MA 01845 Map 74 Parcel 29 75 Surrey Drive Testa Realty Trust Mary C. Testa, Tr 75 Surrey Drive North Andover, MA 01845 Map 74 Parcel 30 83 Surrey Drive Armando J. Vera Maritza E. Vera 83 Surrey Drive North Andover, MA 01845 Map 74 Parcel 31 168-170 Chadwick Street Chadwick Street Nominee Trust V Scott Follansbee, Tr 79 Lucy Street / North Andover, MA 01845 0 [� mortified by Dale p/ Boar Assessor North Andder Map 91 Parcel 1 Osgood Street North Andover Housing Authority 310 Greene Street North Andover, MA 01845 Map 91 Parcel 3 800 Osgood Street Michael J. Walsh Linda Walsh 800 Osgood Street North Andover, MA 01845 Map 91 Parcel 4 814 Osgood Street Blair Roberts Caren Jacobson 814 Osgood Street North Andover, MA 01845 Map 91 Parcel 5 826 Osgood Street Mary M. Machado 826 Osgood Street North Andover, MA 01845 Map 91 Parcel 6 790 Osgood Street MC Aloon Family Trust M A & J M Aloon, Tr 790 Osgood Street North Andover, MA 01845 Map 91 Parcel 7 864 Chickering Road Ethel A. Curtin 864 Chickering Road North Andover, MA 01845 Map 91 Parcel 8 30 Foulds Terrace Onofrio Casgburri Joyce P B Casgburri 30 Foulds Terrace North Andover, MA 01845 Map 91 Parcel 14 15 Colgate Road Nina M. Gaffney 15 Colgate Road North Andover, MA 01845 Map 91 Parcel 15 14 Colgate Road Jeanett G. Sutton 14 Colgate Road North Andover, MA 01845 Map 91 Parcel 19 25 Stacy Drive Henry F. Har Margaret Davis 25 Stacy Drive North Andover, MA 01845 Map 92 Parcel 8 140 Prescott Street Selco Service Station 127 Public Square Cleveland, OH 44114 OwIfied Andov r Boar Asses *x North Map 99 Parcel 1 841 Chickering Road Douglas E. Daher 841 Chickering Road North Andover, MA 01845 Map 100 Parcel 1 676 Osgood Street Thomas P. Rockwell, Jr. WM P Rockwell Living Revoc Trust 676 Osgood Street North Andover, MA 01845 Map 100 Parcel 4 190 Prescott Street Josephine Palazzolo 190 Prescott Street North Andover, MA 01845 Map 100 Parcel 5 Prescott Street Town of North Andover 120 Main Street North Andover, MA 01845 Map 100 Parcel 6 696 Osgood Street Thomas P. Rockwell 696 Osgood Street North Andover, MA 01845 Map 100 Parcel 7 Osgood Street Thomas P. Rockwell William P. Rockwell 696 Osgood Street North Andover, MA 01845 Map 100 Parcel 8 661 Osgood Street Aleen W. Tarso Kathleen R. Tanro 661 Osgood Street North Andover, MA 01845 Map 100 Parcel 9 657 Osgood Street Kindred Realty Trust David A. Kindred, Tr Branda Kindred PO Box 531 North Andover, MA 01845 att\nandstevens\m\ab//utters 001. w/pd LD lO owff b B Asse N`� o/ And er 090 by Date l W ark Ass i6r North Andover 5 _ �o,Smooth Feed SheetSTM Use template for 51600 City of Lawrence Airport William Chepulis Goodwin Trust Com�ission James Chepulis c/o Russell Treadwell 492 Sutton Street 1018 Osgood Street 3667 Huntington Place Drive North Andover, MA 01845 North Andover, MA 01845 Sarasota, FL 34237 Michael L. Kettenbach Douglas N Howe Jr R & M Realty Trust c/o RMD Janice W Howe R C Stoddard, M A C Ikacz 881 East Street 665 Osgood Street 1060 Osgood Street Tewksbury, MA 01876 North Andover, MA 01845 North Andover, MA 01845 Albert F. Cullen, Jr. Town of North Andover CYR Associates Maeve M Cullen 120 Main Street PO Box 207 605 Osgood Street North Andover, MA 01845 Lawrence, MA 01842 North Andover, MA 01845 George W. Ousler, Jr. China Blossom Realty Trust John P. Routhier, Jr. Deanna M Ousler Richard Yee, Tr Mary E. Routhier 623 Osgood Street 946 Osgood Street 59 Surrey Drive North Andover, MA 01845 North Andover, MA 01845 North Andover, MA 01845 John Ferreira Landers Building Condominium Dennis V. Drinkwater 980 Osgood Street 1000 Osgood Street 44 South Point Lane North Andover, MA 01845 North Andover, MA 01845 Ipswich, MA 01938 850 Osgood Street Trust Gail E. Oja Annina Faraci Anne Marie Ryan, Tr 177 Chadwick Street 838 Osgood Street 850 Osgood Street North Andover, MA 01845 North Andover, MA 01845 North Andover, MA 01845 Kirk G. Olsen Knights of Columbus Association David V. Smolag Janet D. Olsen Inc. Lisa Smolag 159 Chadwick Street 505 Sutton Street 67 Surrey Drive North Andover, MA 01845 North Andover, MA 01845 North Andover, MA 01845 Testa Realty Trust Armando J. Vera Chadwick Street Nominee Trust Mary C. Testa, Tr Maritza E. Vera V Scott Follansbee, Tr 75 Surrey Drive 83 Surrey Drive 79 Lucy Street North Andover, MA 01845 North Andover, MA 01845 North Andover, MA 01845 North Andover Housing Authority Michael J. Walsh Blair Roberts 310 Greene Street Linda Walsh Caren Jacobson North Andover, MA 01845 800 Osgood Street 814 Osgood Street North Andover, MA 01845 North Andover, MA 01845 Mary M. Machado MC Aloon Family Trust Ethel A. Curtin 826 Osgood Street M A & J M Aloon, Tr 864 Chickering Road North Andover, MA 01845 790 Osgood Street North Andover, MA 01845 North Andover, MA 01845 MAVERY® Address Labels Laser 5160® �$mooth Feed SheetsT^^ Use template for 51600 Onofrio Casqburri Joyce P B Casqburri 30 Foulds Terrace North Andover, MA 01845 Henry F. Har Margaret Davis 25 Stacy Drive North Andover, MA 01845 Thomas P. Rockwell, Jr. WM P Rockwell Living Revoc 676 Osgood Street North Andover, MA 01845 Thomas P. Rockwell William P. Rockwell 696 Osgood Street North Andover, MA 01845 MAVERYS Address Labels Nina M. Gaffney Jeanett G. Sutton 15 Colgate Road 14 Colgate Road North Andover, MA 01845 North Andover, MA 01845 Selco Service Station Douglas E. Daher 127 Public Square 841 Chickering Road Cleveland, OH 44114 North Andover, MA 01845 Josephine Palazzolo Thomas P. Rockwell 190 Prescott Street 696 Osgood Street North Andover, MA 01845 North Andover, MA 01845 Aleen W. Tarro Kindred Realty Trust Kathleen R. Tarro David A.& Branda Kindred 661 Osgood Street PO Box 531 North Andover, MA 01845 North Andover, MA 01845 Laser 5160'® w � SEE PLAT Nolm k i i i SEE PLAT NO. 76 0// N SUTTON SEE PLAT NO. 91 ST. SEE PLAT NO. 99 m \� �/ , PRESCOTT STREET Fn U) m m O 2 0 G) 0 0 0 C) A m X z G) X 0 CD SEE PLAT NO. 74 SEE PLAT NO 100 �" q. �PrNorth Andover Zoning Roads s RN $meyNrtl 1nx(Atisveeeee) tiepin lois 0.rR eonda $aCcB eM Rnmc'va �1Muuial0'Miat Ldumiet Deeial tndoafid SUmia 1 �demM Dimia I damvi �iednE sPddmricl DisMaE RssldeNW DimitS Raikotid DimiaS tMgc Cmmoriel Dwbs �, 91h¢cFcidmd., i%aoia 0`edryD'naisb. �H�rtari�Dirt:a VM.mLM4tottalmIXDava� " AdeM1 G:evvnm . • DAwMdbtlmmatlama<alymgm m 1•.m DWM ' � Fn r 5to a o.. sees wo�am Ho�rau,.e �EM�a{Dme".wlMnnrn � . ms('teis� 1 HEARI`aAC6 _- ✓ ���p51 COSDLL5950R ®N 7 iBylewm 'dis Smmdon UR Y01Al 8 Q �vq���caimv�" rsm.xirai rovum � Fbod Lmw®ceah RMaps dehrl lmrc 2.1993.1991II s lU^1l}'fl NOV-3,U 2D91 BOARD OF APPEALS �R�'Vaa1e�oo 1' Dl 9 AUTWireless 10 Tara Boulevard Suite 500 Nashua, NH 03062 July 24, 2001 Planning Board Office of Community Development 27 Charles Street North Andover, MA 01845 RE: Stevens Estate Wireless Facility Zoning Application Dear Members of the Board: This report discusses AT&T Wireless Services' need for a wireless communications facility at the above Site. 1. QUALIFICATIONS I am a Radio Frequency Engineer for AT&T Wireless Services. I have experience in the design and testing of AT&T Wireless Services' wireless communication facilities as part of its federally licensed network in Massachusetts. For example, I have participated in the design of the AT&T Wireless Services' network in the Greater Boston Area, evaluated zoning provisions applicable to wireless communication facilities in various communities, testified before local zoning boards in zoning hearings, prepared search areas for new installations, participated in drive tests and reviewed drive test results, participated in site visits, prepared RF designs for proposed installations, reviewed plans and prepared RF packages for zoning hearings, tested and evaluated new sites, I have been involved in AT&T Wireless Services' design of the proposed wireless communication facility at the Steven's Estate property. I have reviewed the coverage data for the proposed installation, and reviewed RF coverage information for AT&T Wireless Services' existing sites. a�C� Recycled Paper 2. THE PROPOSED FACILITY Consistent with the results of the RFP process AWS (and its co -applicant Sprint) are proposing two alternative development options for their wireless communication facilities at the Stevens Estate site: (a) one 100' two -carrier monopole, with internal antennas, to accommodate both carriers, or (b) two separate 90' monopoles, each with internal antennas, to accommodate one carrier each. The carriers intend to pursue both options through permitting in light of the potential height limitations of the Federal Aviation Administration ("FAA"), the Massachusetts Historical Commission ("MHC"), and the Zoning Bylaw. These permitting processes will ultimately dictate which choice of options is the chosen option. The internal antennas and cables will be "camouflaged" inside the poles within the meaning of §§ 8.9.2.d, 8.9.3.b.ii, 8.9.3.c.i, 8.9.4.a.ii, and 8.9.4.d.ii of the North Andover Zoning Bylaw. The proposed pole(s) will be located in a densely wooded area northwest of the main Stevens Estate building and adjacent to an existing electric and telephone utility corridor serving the Estate. The proposed 100' pole will be capable of accommodating both carriers; in the alternative, the proposed 90' poles will be capable of accommodating one carrier each. In either case, AWS would occupy the 90' slot on the pole. (The diameter of the two -carrier pole will be larger compared to the one -carrier poles.) The combined two -carrier facility will involve a 40'x 30' fenced equipment compound at the base of the pole. This area will be surrounded by an 8' stockade fence. Within the fenced compound will be a two -carrier, L-shaped equipment shelter with clapboard siding and a pitched roof. Each carrier will have a separate 12'x 20' equipment area within the shelter. The separate one -carrier facilities will each involve a 30' x 30' fenced equipment compound at the base of the pole. Each area will be surrounded by an 8' stockade fence. Within each fenced area will be a 12' x 20' one -carrier equipment shelter with clapboard siding and a pitched roof. Coaxial cables will be run inside the pole(s) and across an ice bridge/cable tray to connect the antennas to the equipment within the equipment,shelter. Each facility will be served by associated power/telephone connections. The ground equipment will be connected to standard electric and T-1 telephone service. The public utilities providing these services will likely require an easement from the nearest public way (Osgood Street) to install the necessary utilities. That easement would presumably follow the existing electric and telephone utilities corridor at the Stevens Estate property. Vehicular access to the proposed facility along the existing driveway, parking lot and utility corridor at the property must also be provided by the Town. 3. AT&T WIRELESS SERVICES' NETWORK AT&T Wireless Services is .licensed by the Federal Communications Commission to provide wireless phone service in areas across the country, including the Boston Metropolitan Trading Area ("MTA"). The Town of North Andover is located within the Boston MTA and therefore AT&T Wireless Services is licensed to provide wireless phone service within the Town of North Andover and surrounding communities. Wireless phone coverage is provided by placement of a number of low-power antenna sites within a given area. The sites are spaced so that the coverage from each location overlaps with its neighboring sites. When a call is placed on a certain site, the phone monitors the signal from the serving site, as well as the signal of all of the adjacent sites. When the phone receives a stronger signal from an adjacent site, it requests a transfer from the site it is currently using to the stronger site. If there is seamless coverage provided by the carrier, the call will transfer without interruption. If there is a lack of appropriate signal strength at the transfer point, the call will degrade and possibly drop. 4. THE NEED FOR THE PROPOSED FACILITY To demonstrate why the proposed use is necessary, I have attached two coverage maps of the Town of North Andover and the surrounding area within one mile of North Andover's boundaries (one map without the proposed facility and the other map with the proposed facility) showing the location(s) of AT&T Wireless Services' existing and currently Wireless Communications Facilities in and near North Andover shown in green.' Site 445 shown in green on this coverage chart represents the "best case" coverage anticipated from the proposed facility assuming AT&T Wireless Services is awarded the RFP for the site. These coverage maps were generated using an RF Propagation computer -modeling program. The software takes into account the geographical features of an area, antenna models, antenna heights, and RF transmit power. The maps represent existing and proposed antenna locations, and the areas that currently have quality wireless phone service based on these locations. Any phone that travels outside of the effective coverage area will have a high likelihood of a degraded and possibly dropped call. These maps show that there is currently a substantial coverage gap in the Stevens Estate AT&T Wireless Services' proposed facilities are necessarily in a state of flux as zoning bylaws change, new sites are identified, RFPs are issued, leases or licenses expire, litigation is resolved, capacity needs increase, additional services are added to the system, and the like. The attached coverage charts must be read in this dynamic context. In addition, depending on the outcome of the RFP award by North Andover, the maximum height allowed by zoning for that site, and AT&T Wireless Services' relative position on that facility, AT&T Wireless Services' needs for sites in North Andover itself may change. area along Routes 125 and 133 and the areas adjacent to these roads. These are high -demand areas in which AT&T Wireless Services currently lacks adequate communications service. The proposed installation is necessary to address this substantial coverage gap. Given the high traffic/demand along these Routes, installation of a facility at the Stevens Estate property is a non -intrusive means for closing this significant gap in AT&T Wireless Services' coverage. In this context, AWS' investigations of the area in the vicinity of the site confirm that "there are no feasible preexistent structures upon which to locate" under § 8.9.3.b.9 of the Zoning Bylaw. In addition, AWS' proposal for a flagpole -style facility at the Barker Farm has been denied by the Board of Appeals and is currently in litigation. 5. THE USE WILL NOT CAUSE A DETRIMENT The use will not result in a substantial detriment to the neighborhood for a variety of reasons: The Site has been specifically approved by the Special Town Meeting on December 11, 2001, for wireless communications purposes, and is reasonably adaptable to the proposed collocated wireless communication use. The proposed use is passive, requires no employees on the premises, and will generate only about one vehicle trip per month, will be served by standard electrical service, and requires no water, sewer or other town services. The facility will comply in all respects with RF emission standards established by the Federal Communication Commission and administered the Massachusetts Department of Public Health. The facility will generate no objectionable noise, vibration, smoke, dust, odors, heat, glare or other effects. The only noise associated with the facility will be in connection with the air conditioning for the equipment shelter, which will not be observable in amounts objectionable or detrimental to the normal use of property or the adjacent properties. 6. CONCLUSION I hope that this information will assist the Town in its decision-making process. I am available to meet with you to discuss the information included in this report as well as providing any additional information that you may require. Sincerely, y l_ 4oseph Colarusso RF Engineer n CD c m ❑ O n 7 CD rt d 1 07i1 ❑ m CD L D m 3 7 m c or �* I. 4ii ^ N N H rt OV 7 A Ul U] n Cil i❑ ❑ 7C O0 lQ O+. < O O -rt N a o £ D_ 1, A lb N CD ❑O 7 3 Q O m CII CP CJI H O 7 Nrt 0 co O 7 N 7 � d rt r o m D �+ m A r N a a d f0 Co �j j n o a m + m 'D Cl N rr a 7 N ❑ m 7 C D [D carr rt :T 0 � C1 n cil to ❑ 1�O to O < a� 00� Of N 4 O � li1 a N m O m 7 3 n O m Lil Ul N H o Nrt O-3 N O 7 F a rt r o a :3 rt a A r N rt a A 10 •� f AFFIDAVIT of RADIO FREQUENCY EXPERT The undersigned, being first duly sworn, hereby states the following in support of the application by Sprint Spectrum L.P. d/b/a Sprint PCS ("Sprint Spectrum") to construct a 100' telecommunications flagpole and locate associated equipment cabinets (the "Project") on the property located at 723 Osgood Street (Assessors Map 35, Parcel 23), North Andover, Massachusetts, more commonly known as the "Stevens Estate" (the "Site"): I am a Radio Frequency Engineer for Sprint Spectrum L.P. responsible for radio frequency design in Massachusetts. 2. The list of my qualifications attached to this affidavit is true, accurate, and complete in all material respects. I have thoroughly reviewed the application for the proposed Project, as well as all radio frequency engineering studies, reports, and computer models prepared by Sprint Spectrum with respect to the Site. 4. Sprint Spectrum is a communications venture committed to providing a single integrated offering of wireless personal communications services by building a national wireless network using PCS technology. PCS technology is a new generation of wireless service that uses digital transmission to improve the services available. It provides a clearer connection and fewer dropped calls for its users, and better accommodates the requirements of computer and telecopier transmission. In 1995, Sprint Spectrum was the highest bidder at the auction held by the Federal Communications Commission ("FCC") for PCS wireless broadcast licenses in the Massachusetts and Rhode Island areas. This license, granted to Sprint Spectrum on June 23, 1995, encompasses the area defined by the FCC as the Boston Major Trading Area ("MTA"). 6. In order to meet its obligations under the FCC license, Sprint Spectrum must, within the time established under the license, have in place a system of "cell sites" to serve portable wireless communication handsets and mobile telephones. These cell sites consist of an antenna mounted on a pole, building or other structure, connected to a small equipment cabinet located near the antenna. The antenna feeds the low power radio signal received from mobile communications devices through electronic devices located in the equipment cabinets and, ultimately, into an ordinary phone line from which the call can be routed anywhere in the world. _A 7. Cell sites are integral to Sprint Spectrum's PCS network. To maintain effective, uninterrupted service to a PCS telephone user traveling in a given area, there must be a continuous interconnected series of cells, which overlap in a grid pattern approximating a honeycomb. Additionally, each cell site must be located within a limited area so that it can properly interact with the surrounding cell sites and thereby provide reliable coverage throughout the cell. In conformity with its FCC license, Sprint Spectrum is actively building its PCS network. As Sprint Spectrum began providing service to eastern Massachusetts and Rhode Island in November of 1997, it continues to acquire interests in sites for additional facilities and is applying for, and obtaining local governmental approvals to construct the transmissions sites in order to eliminate gaps in service coverage. Any delays at this point in time severely curtail Sprint Spectrum's ability to satisfy both the federally mandated time requirements, and to achieve a market position that will allow it to compete for customers. 9. The Town of North Andover is critical to the overall engineering and technical plan of Sprint Spectrum's PCS network. This site will connect the adjacent sites in Andover, Methuen, and Lawrence, and will provide coverage to the residents of North Andover as well as the surrounding towns of Georgetown and/or Boxford, as well as those commuters who travel through North Andover. 10. To connect the remaining service in the area, Sprint Spectrum has designated the Site as the most appropriate location on which to construct a cell site. This conclusion was arrived at after Sprint Spectrum hired a site acquisition firm to review potential locations and/or development options in and around the Town of North Andover. 11. Based on the tests and surveys performed by the site acquisition firm, Sprint Spectrum determined that its network required a 100' tower to be placed on the Site in order to clear all obstacles, including the surrounding topography, structures and foliage, which can interfere with the transmission. 12. In my professional opinion, without a wireless transmission facility located at or near the Site, there will be a substantial gap in Sprint Spectrum's wireless personal communications services ("PCS") coverage. This gap would adversely impact the service Sprint Spectrum is able to provide to the citizens of North Andover and the commuters traveling on the main roads through and around the Town, including State Routes 133 and 125 13. It is my understanding and belief that there are no feasible preexisting structures upon which Sprint Spectrum could install its antennas and related equipment and still be able to provide sufficient coverage to fill the gap in PCS coverage. 14. The result of such a gap will be an abrupt and complete loss of signal at the time that an individual enters the gap area. Unlike other wireless technologies, in which diminished coverage may result merely in a weaker, or less clear, transmission, PCS technology simply cuts off when encountering such a gap. The transmission is not restored when the gap is over. Rather, the individual must reinitiate the communication. 15. The radio frequency exposure levels to be generated by the proposed facility are substantially below the applicable health and safety standards established by the Federal Communications Commission ("FCC") and the Massachusetts Department of Public Health ("DPH"). 16. Based upon the best radio frequency technology, which is available to Sprint Spectrum at this time, it is my professional opinion that the proposed Project is at the optimum height, which is needed to ensure adequate PCS service to area residents and businesses in accordance with system specifications. Executed this %i day of June 2001. Nooshin Zareian, RF Engineer COMMONWEALTH OF MASSACHUSETTS County of j D R1 E sF-/, Subscribed and sworn to before me by /dap s,4k rtF,,Wthis /S— N day of lv yAJC 2001. `Rn I --4J G 2of$,-#*Notary Public My commission expires: AP' , / S "fF- Candidate: Nooshin Zareian Skill Level: I Senior RF Engineer Experience Senior RF Responsible for the RF design of a CDMA system for Boston. Engineer Responsibilities included: (currently since . Primary design, propagation analysis and candidate selection. 12/98) . Drive test analysis and site surveys. • Final site approval, antenna design and construction recommendations. • Evaluation of design for system capacity requirements. • Attended zoning hearing. • Filed Department of Public Health applications. Senior RF Responsible for the RF design of a TDMA system for Memphis. Engineer Responsibilities included: (14 months) . Primary design, propagation analysis and candidate selection. • Drive test analysis and site surveys. • Final site approval, antenna design and construction recommendations • Evaluation of design for system capacity requirements. • Implementation of drive test procedures and equipment selection. • Led a team of engineers to design the TDMA system • Interference, intermodulation and isolation studies on new and existing sites. • Filed FAA and FCC applications on new sites to ensure compliance with regulations. Senior RF Responsible for the RF design of Qualcomm's CDMA network in Nashville Engineer Tennessee. Contributions included: (2 months) . Primary design and propagation analysis. Site survey and candidate selection. RF Responsible for the RF design of a CDMA system for New York's Engineer Manhattan Island. Responsibilities included: (6 months) . Primary design, propagation analysis and candidate selection. • Drive test analysis and site surveys. • Final site approval, antenna design and construction recommendations • Evaluation of design for system capacity requirements. • Implementation of drive test procedures and equipment selection. • Performed link budget analysis. • Interference, intermodulation and isolation studies on new and existing sites. page 1 of 2 Nooshin Zareian, Senior RF Engineer (cont'd) RF Responsible for all aspects of design and performance of Nextel's ESMR Engineer network in Los Angeles. This effort included: (1 years) • Propagation analysis, site evaluation and recommendation, zoning and permitting. • Power budget analysis, antenna and feedline specification and system testing. • Filed FAA applications on new sites to ensure compliance with regulations. • Collection of RF drive test data and coverage, interference, handovers and overall system performance analysis. Generated optimization reports and plots. Provided solutions (design strategies, system parameter changes, etc.) to system problems. • Coordination with Operations and Customer care divisions to resolve system problems and customer complaints. • Interference, inter -modulation and isolation studies on new and existing sites. • Determination of drive test routes and supervision of drive tests for candidate sites. Associate Responsible for all aspect of design and performance of Nextel's ESMR Engineer network in Pittsburgh, PA including: .(6 months) . Frequency plan, frequency allocation and acquisition of frequencies from the analog market. • Updated and maintained ANET. • Performed frequency evaluation. • Coordinated system design issues. • Performed capacity studies for future expansion. • Led a team of engineers to trouble shoot hand over and call dragging. • Performed high to low site migration. Technology I CDMA, GSM, MEN, AMPS, PCS Hardware Nortel, Motorola, Lucent, Qualcomm SoftwareI Cel1CAD, ANET, P1aNET, CMA, RSAT, MapInfo, QED, MS Windows 95/3.1, Word, Excel, UNIX, MS DOS, dBase, Fortran, Basic, Assembler Education M.S. in Electrical Engineering, City University of New York B.S. in Electrical Engineering, Science and Industrial University revised 10/26/99 page 2 of 2 OWNER'S CONSENT TO DEVELOPMENT APPLICATION TO: Planning Board of the Town of North Andover Office of Community Development & Services 27 Charles Street North Andover, MA 01845 APPLICANTS: (1) AT&T Wireless PCS LLC by and through its Manager AT&T Wireless Services, Inc. d/b/a AT&T Wireless and (2) Sprint Spectrum L.P. d/b/a Sprint PCS OWNER: Town of North Andover SITE: Stevens Estate, 723 Osgood Street, North Andover MAP/LOT: Map 35, Lot 23 RELIEF SOUGHT: Special Permits with Site Plan Approval for Wireless Service Facilities (ZBL §§ 8.3, 8.9 and 10.3) DATE: July 18, 2001 Pursuant to the Town of North Andover's Zoning Bylaw, the Town of North Andover consents to the application of AT&T Wireless Services PCS LLC, by and through its manager AT&T Wireless Services, Inc., d/b/a AT&T Wireless ("AWS") and Sprint Spectrum L.P. d/b/a Sprint PCS ("Sprint") for any necessary zoning approvals to permit their respective installation and operation of proposed wireless communication facilities at the Town -owned Stevens Estate, 723 Osgood Street, North Andover in accordance with the following Plans for the proposed facility prepared by Greenman -Pedersen, Inc., dated July 11, 2001: SHEET DESCRIPTION Z-01 Title Sheet Z-02 Property Plan - One Compound Z-03 Site Plan - One Compound Z-04 Elevation - One Compound Z-05 Property Plan - Two Compounds Z-06 Site Plan - Two Compounds Z-07 Elevation - Two Compounds Without limitation, the Town consents to AWS and Sprint each seeking a Special Pen -nit with Site Plan Approval from the Planning Board pursuant to §§ 8.3, 8.9 and 10.3 of the Zoning Bylaw. The lease of land within Stevens Estate for this purpose has been expressly approved by a Special Town Meeting in December 2000, and AWS and Sprint have each been awarded a lease by the Town pursuant to its Invitation for Bids. ���� TO ; O NORT ANDOVER aS' d' Nm` // 1 C �% Mark H. Rees, Town Manager My commission expires: att/nandstevens/Vowner-consent2.wpd UPDATED CONSENT TO FOLLOW [UNDER REVIEW WITH TOWN COUNSEL] 12 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 VIEW SHED ANALYSIS AT&T Wireless Services -Stevens Estate Proposed Monopole Site Number: E 445.7 723 Osgood Street N. Andover, MA.01845 Greenman - Pedersen, Inc. m y y r I y y r ft u AT&T Wireless Services is proposing an 89' one, two or three carrier Monopole at Stevens Estate, Osgood Street, North Andover, MA. On November 30, 2000 a crane was set at 84' in the approximate location of the proposed AT&T Monopole. The ground elevation was approximately 5' higher than the proposed location. A crane height of 84' was used at the higher elevation to simulate a pole height of 89'. The 84' elevation was set with a cloth tape. Pictures were taken by Greenman -Pedersen, Inc. Pictures were selected at various locations at a 1 mile radius from the site. Additional pictures were taken at major intersections, high ground locations and the 1 mile perimeter. The pictures are numbered and are referenced by their locations on the key map included at the back of this presentation. From the 43 locations shown here, the crane was visible from only. 9 locations: • Stevens Estate, First Floor (Picture #1) Stevens Estate grounds (Picture #9) • Stevens Estate grounds (Picture #13) • Stevens Estate.grounds (Picture #15) • Pumping Station, Great Neck Rd. (Picture #30) China Blossom Restaurant, Osgood St .(Picture #31) 58 Colgate Dr. (Picture #37) • 47 Moody St.. (Picture #38) Lawrence Municipal Airport entrance Rd (Picture #39) Photo renderings of these 9 locations were prepared showing simulations of the proposed AT&T Monopole and are included in this analysis. Greenman - Pedersen, Inc. 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' • -maim i r t t � 1 w _ tau M • F � h � 1 r IL rs ,: k� Am MRV • 1 • it U% i► e Y♦, t �:�Y �Ml f • 0 riAl' �4 MRV r t. f • Y • r� x (. • e atY�SY�''�r ca'ra7 � ±fit � ot ♦d . tri 1 N i jT,,� I Vitt, • Ag - t"o I rn� a a 0 0 a a 0 0 0 0 0 0 0 0 0 0 0 .� b 13 SRS ENGINEERING APPLICATIONS, Applying Technology Phone: (508) 993-4426 Fax: (508) 993-4426 E-mail: stan_s@cyberzone.net June 10, 2001 Letter Ser. No.: 0610-001 Robert Watkins Senior Radiation Scientist Executive Office of Health and Human Services Department of Public Health Radiation Control Program 174 Portland Street Boston, MA 02114 Dear Mr. Watkins: In behalf of AT&T Wireless Services, I am pleased to submit form MCRP 122.021-1 for the proposed Wireless Radio Link PCS Station located at the Steven's Estate, 723 Osgood Street, North Andover, MA. This site is AT&T site number E-445.7. Please note that a collocation is being proposed with Sprint PCS and the town is being presented with two potential configurations. One configuration is a 100 -foot flagpole style monopole with Sprint located at the top and AT&T located beneath it. For the second configuration, Sprint is alone in a 90' flagpole style monopole, and AT&T is at a different location on the same property also in a 90' flagpole style monopole. The attached application is for AT&T in their own 90' flagpole (AT&T site ID E-4455) and for AT&T in Sprint's 100 ` flagpole (AT&T site ID E -445D). Please provide copy of correspondence regarding this application to Stan Sherman at SRS Engineering Applications, Inc., 30 Twin Ponds Drive, South Dartmouth, MA 02748. If you have any questions or comments, please don't hesitate to contact me at (508) 993- 4426. Thank you again for your assistance. Sincerely, 6449a� �_ Stan Sherman NARTE Certified EMC Engineer cc: File (AT&T, Westwood) THE COMMONWEALTH OF MASSACHUSETTS DEPARTMENT OF PUBLIC HEALTH RADIATION CONTROL PROGRAM 305 SOUTH STREET, JAMAICA PLAIN, MA 02130 NOTIFICATION OF NONIONIZING RADIATION SOURCE Fixed Communication Installations For Radiation Control Use: Date Rec'd Reviewer: Approval: Latitude: E -445D: 42-42-28.30 N E -445S: 42-42-28.17 N ❑ FULL Are there other transmitting antennae located on the same structure? For first configuration, Sprint and AT&T are on the same ole. ❑ PROVISIONAL Combined request for approval under 105 CMR 122.000 and employer notification under 453 CMR 5.000. A. Owner of the structure on which the antenna is located and the location of the antenna: Name of owner of the structure on which the antenna is located: Town of North Andover Address of structure owner: 120 Main Street, North Andover, MA 01845-2420 Telephone number: (978)688-9510 Date of installation of the structure: Summer 01 Ci /town of antenna location: North Andover Local name of location (i.e. street name and number): Stevens' Estate, 723 Osgood Street Latitude: E -445D: 42-42-28.30 N E -445S: 42-42-28.17 N Longitude: E -445D: 71-06-51.44 W E -445S: 71-06-50.16 W Are there other transmitting antennae located on the same structure? For first configuration, Sprint and AT&T are on the same ole. ® yes ❑ no Are there other transmitting antennae located within 300 feet? For second configuration, Sprint and AT&T are proposed on separate poles about 56' apart. ® yes ❑ no Anticipated date of installation of antenna: Summer 2001 B. Owner of the antenna: Name of the owner of the antenna: Wireless PCS, Inc. dba AT&T Wireless Services Address of antenna owner: Taylor Whiteside, AT&T Wireless Services, Inc., 400 Blue Hill Drive, Westwood, MA 02090 Telephone number: 781 407-4550 E -445D & S C. Owner of the location on which the transmitter is located and the location of the transmitter:: ® same as antenna Complete only if transmitter location is different than antenna location Name of owner of the structure on which the transmitter is located: Address of structure owner: Telephone number: Local name of location i.e. street name and number): Ci /town of transmitter location: Latitude: Longitude: Anticipated date of installation of transmitter: D. Owner of the transmitter:: ® same as antenna ,omplete only if transmitter owner is different than antenna owner. Name of the owner of the transmitter: Address of transmitter owner: Telephone number: E. Technical snecifications: FCC class or a of service: PCS A -BLOCK FCC call letters: KNLF216 Operating frequency of transmitter: 1930-1945 MHz Type of modulation: D PSK Average power output of transmitter: N/A Peak power output of transmitter: 30W per Radio Power into the antenna: 62.3 W Maximum per Sector Antenna manufacturer: Huber-Suhner Antenna model: Sectors Huber-Suhner 30 deg. Huber-Suhner 150 deg Huber-Suhner 270 deg.. Model: Dn. Tilt Gain (dBd) SPA_ 1900_85_ 17_2 0 deg. 14.9 SPA_1900_85_17_2 0 deg. 14.9 SPA 1900 85 17 2 0 deg. 14.9 Antenna e: Cross Polar PANEL ANTENNA Antenna radiating pattern: See attached Beam Patterns Polarization of radiation from antenna: 45 degree Effective radiating ower: 1,905 W ERP per sector 2 F. Power density information: F.1 E -445D The power density values presented in F.1 were: ® calculated using; ❑ measured using; ❑ FCC Tech Bulletin Instrument (manufacturer): ® Other: (specify): model: robe: SRS Engineering Applications Date of most recent calibration: Spread Sheet Parameter: Distance in Power density in (To meet the intent of this submittal, meters (feet) microwatts per property. boundary is considered the border square centimeter with space which can be occupied by the (gwlcm2) generalpublic) A: Horizontal distance to nearest place 6 (20) NA where anyone can congregate: A: Radial distance to nearest place 25 (81) 0.05 where f ^ility o ple o er4E ^ anyone can congregate: B: Horizontal distance to nearest location on 228 (749) NA the property boundary: B: Radial distance to nearest location on the 230 (753) 0.26 property bound C: Horizontal distance to the location on the 301 (987) NA pFoper-ty boundary where the highest power exposure level is anticipated @ 16'AGL: C: Radial distance to the location on the 302 (989) 0.84 propertyIfnAai�)-where the highest peweF dewwity ex sure level is anticipated @ 16'AGL: D: Horizontal distance to nearest location 329 (1080) NA regularly occupied outside the property boundary: type of facility ® home ❑ school ❑ office ❑ manufacturing facility ❑ other (specify): Apartments D: Radial distance to nearest location 330 (1082) 0.70 regularly occupied outside the property boundary: type of facility ® home ❑ school ❑ office ❑ manufacturing facility ® other (specify): Apartments E -445S F. Power density information: The power density values presented in F.1 were: ® calculated using; ❑ measured using; ❑ FCC Tech Bulletin Instrument (manufacturer): ® Other: (specify): model: robe: SRS Engineering Applications Date of most recent calibration: Spread Sheet F.1 Parameter: Distance in Power density in .(To meet the intent of this submittal; meters (feet) microwatts per property boundary is considered the border square centimeter with space which can be. occupied by the (µW/cm2) generalpublic) A: Horizontal distance to nearest place 6 (20) NA where f4eility employees wofk e anyone can congregate: A: Radial distance to nearest place 25 (81) 0.05 where anyone can congregate: B: Horizontal distance to nearest location on 213 (700) NA the property boundary: B: Radial distance to nearest location on the 215 (704) 0.84 property boundary: C: Horizontal distance to the location on the 301 (987) NA property boundafy-where the highest power density exposure level is anticipated @ 16'AGL: C: Radial distance to the location oft the 302 (989) 0.84 prepei4y beundaF5-where the highest peweF density exposure level is anticipated @ 16'AGL: D: Horizontal distance to nearest location 320 (1050) NA regularly occupied outside the property boundary: type of facility ® home ❑ school ❑ office ❑ manufacturing facility ❑ other(specify): A artments D: Radial distance to nearest location 321 (1052) 0.74 regularly occupied outside the property boundary: type of facility ® home ❑ school ❑ office ❑ manufacturing facility ❑ other(specify): A artments E-445 D&S F.2 Attach all assumptions and calculations used to determine the values listed in F.1. G. Attach a layout drawing showing the various areas in which employees associated with the nonionizing source work and the predicted or measured RF (power density) levels at these locations. N/A H. List the areas in which employees have been classified as nonionizing radiation (NIR) workers: ® There are no areas that have been classified for NIR workers. ❑ There are areas that have been classified for NIR workers. Such areas are listed below. Location Maximum.power Number of density (uW/cm2) emnlovees I. All workers that are classified as NIR workers have been instructed in nonionizing radiation health and safety policies and procedures? ❑ yes ❑ no M N/A Date that the most recent NIR safety training was provided: ® N/A 2 E445 D&S I CERTIFY THAT: 1. I have read, understand and will comply with the requirements of 105 CMR 122.000 and 453 CMR 5.000 2. To the best of my knowledge, the statements made and information disclosed in this registration application are true, complete, and correct. 3. If any of the disclosed information changes, I will provide updated written information to the Radiation Control Program of the Department of Public Health within 30 days of the change. 4. I will provide additional information as may be required by the Radiation Control Program of the Department of Public Health. SIGNED UNDER THE PAINS AND PENALTIES OF PERJURY, 6/10/01 � Date Signature of Registrant Applicant (Owner or person duly authorized to act on behalf of the owner). Stanley Sherman, Principal Engineer SRS Engineering Applications NARTE Certified EMC Engineer Print Name and Title Date Signature of Registrant Applicant Designee (If applicable) Print Name and Title 3 E-445 D&S SPA_ 1900_85_17_2 Hnri7nntal Beam Pattern ,e radials - Gain is SPA_1900_85_17_2 4 N 0 0 Q II w U C U cr U LL tn 1.0 ON-1rf LSE N 'y ammo O N 0 I� y Cl O O O N 0 0> co CO 7 00 n N ` D E � 00 O N t0 y (O p D � ° L d ++ a m 3 I s c + ° m N N y I D =. 0 Co ((JJ C+ j y E^ d ppN J O) O1 t0 �i U a 8 I �•r d= y + U C I . C) N O N < �T OO TV 3 C I OS C y , a J d C II N / L --LD C D C 0 O O 0 O R C I D om a v gD��s I 'y E o I❑ 00 0 0 ° E m L jO1 78 D co co co t0 E N O Olm-- m m O lL1°] d' 0 c D 0 0 0 0 II E 2 D Q=o. W e d m ¢ II II II 11 CO E N d O`�y 0 C 0 0 0 a LL 2 V N = f o 0 O O 0 0 00 N _ oN -8 n N LL c o _ ^I O ` N oo C O cn II Nip � �p U N y M aD N a C m a lL i !n W a C E E fryp O U—• y CR O � tD O .R Ci 7 N O 3 d l0 C LL O Ol y C C I-' N 1 y O E o C A ZS N o w V >+ Cn N N c rn _ � -0 tD 00 � � O) ON1 c 'R ind > O L N py d aO coONO 0 0 O L `-' 0 N ` NU C aD O C o c m :° y N 0 cel OI+ as N a 2 p 01 N N S M + y C O y y L d E > m o E N^ m c o m _ o 01 O o `� o N D° a o �om01 D n io 10 `cW S N a 0) f0 cG 6- 0 E ° N` p O E r Nc m 2c c N m >.Q t0 tD tD tO N 0 .. D N > "' L C U OC L 0 O n m E LL ° O N D _Uo c m 2"i o C 4) O) N O C E a t0 N C T y0 a 0) S a O] (6 y 3 Dad Nm NN$ wUN DJ DvyN Waay' N0) mN 00 aOC pd= WE E °c wJ m N ?>yNo Vtd Cym`m y II N dC N O O D '` N tlI O a a J a W 11 JQ H IOL CJ C U J°oa.¢� � Ism li 1.0 o r cor- a l m'm ON CMD n ), 00000 0 N c m m r N h N c_ � C ap O OOm CP CC 0) N 3 y m N d _m m d v C, d N U m COma CN C + C 3 1 m 0 r c cy> m= 0 pAL E — .. f00 co � Off O y ` m "� 1 a 0 v0 C c II _ m 1 1 � Cc 0 / O1° $ O c 22 n m c E _ J O (D av CL EL m N w 1� �'"Eo O E L /• o E 0 0 0 0 m m o c E 1 0 $ E H L m m a: m c m m 1 1 ULi�00 m�°�°" 0 m m 1 000o c o f0�� II C o000 °: N rn uE _ c c o01N Cc am c E ri d Cl Cl 0 o Q ll 08 E O O O O N I O t O m N ° �I O) m ° S 2 U o 11 N(0 U 4)0 N y M W a C QlL> (n W d c E E O m (7 ^y woco v t0 q M v 3 2 m C `) rn w m m a m LL m~ d m e � 'm m E c m ci m O m Q S o m y m yC U M 0 C m m om_ ;z a v�O)M o C c m 9 co NMMQtO c L r ROS m > > m o °o U2 o O a o c o m N Li Q m N h N N M tp m m N d + N C O m y m m L E > m o E Om N O N ; m c C N m O m OI O oN N V° O C •` C p C NC C N 7 OO Oj V V m C Su7MO� E m W cao ° 0 m p m E N M m O C Q NJ ..O m >y ° i Cm�- a� �of Om m p C0. U OC(n NQ`..' aO CC2 d0 N O U m VH dCO cmm SD •�_i Lm 00rn 'ji OW T ,0 LO LO LOW W ov c a- W 0r w aomco V.zac�? nm O �_ u o W m 11 mE � E'b0Z6 `m W 00 y '6 12 1 Q N M O` d a- 00 W �� 0,C C U m m j d QfD�ti F E-445 D FACSIDE EXTERIOR SID ILITY TOP F FELE PROP. SPRINT -----,,,,,,I (MAX) 1 1 � 1X4 FENCE 3 - 2x4 BOARDS COMPACTED 4x4 POST 4 0 0 o w PROJECT 1' ABOVE EXTENDED 1' BEYOND FENCE n LINE 7 g= I GROUND AND SLOPE 4 POST H ; �" 1 DUN" ALL AROUND (TiP) GROUND LEVEL EL.= 252.', 1 1/2' . 1 TYPICAL MAX I CLEARANCE PLATE (GRADE 36XTYP) #3 71E 24'o SP (TYP}) (TYP) P O 6' OC (TYP) 18' x 3/4'0 J -BOLT W/ 3' HOOK 2.50 CAISSON WELDED TO PLATE USING 100x ELEVATION FROM POST VIEW SCALE: STEVENS ESTATE GRADE CONCRETE AT&T E 445.7 723 OSGOOD STREET FOOTING 1' 0' o . Km .0 DW4 vC W000. w 07010 STOCKADE FENCE DETAILS SEE 345A FOR NOTES N.T.S. TOP OF MONOPOLE EL.- 352.2'3 (100' A.G.L.) I DF (3) $PRINT ANTENNAS ELEV.= 348.2'3 (96' A.G.L) i PROP. 20' RADOME I of (3) AT&T 8' CROSS POLAR ANTENNAS — ----- I ELEV.- 338.2'* (66' A.G.L.) TREE EL. -336± I A TREE EL -316+ q I q I q q 4 I [, q I A I q A A A A A I 4 I i q � P Ak I 1:4A A P q A I r PROP. 12'x E EQUIPMENT SHELTER WITHEXPOSED AGGREGATE FINISH Ga 1N q A A A DC9GNED R.N.w. I PROP. 6' STOCKADE PROP. SPRINT -----,,,,,,I FENCE EQUIP. CABINETS6' COMPACTED CRUSHED STONE EXTENDED 1' BEYOND FENCE 4 GROUND LEVEL EL.= 252.', PROP GEOTExnLE 12' x 12' x 3/4' STEEL BEARING 2.5' FILTER FABRIC 6 EQ PLATE (GRADE 36XTYP) #3 71E 24'o SP (TYP}) (TYP) P O 6' OC (TYP) 18' x 3/4'0 J -BOLT W/ 3' HOOK 2.50 CAISSON WELDED TO PLATE USING 100x () PENETRATION (TYP) ELEVATION VIEW SCALE: STEVENS ESTATE AT&T E 445.7 723 OSGOOD STREET NORTH ANDOVER. ALA 01845 AT ST WW*AE33 AAVII.E:> . Km .0 DW4 vC W000. w 07010 DC9GNED R.N.w. 4DOME E-445 S I TOP OF MONOPOLE EL.= 342.2'3 (90' A.G.L.) OF 3 SPRINT 5 CROSS POLAR ANTENNAS ELEV.- 338.2* (86' A.C.L.) EXTERIOR SID FACILITY SIDE TOP OF rw MAX FENCE CLEARANCE 1X4 3 - 2x4 FROM BOARDS 40 POST LINE o w W PROJECT 1' ABOVE I GROUND AND SLOPE POST 0 m 3 � ALL AROUND (TYP) 1 1/Y rw MAX CLEARANCE FROM POST GRADE CONCRE STOCKADE FENCE DETAILS NTS FOOTING I I I TOP OF MONOPOLE EL- 344.3'* (90' A.G.L.) OF S1AT&T If CROSS POLAR ANTENNAS ELEV.- 340.3* (86' A.G.L.) PROP. 10' RADOME PROP. SPRINT EQUIPMENT CABINETS PROP. AT&T 12'x28 EQUIPMENT SHELTER WITH EXPOSED AGGREGATE FlNISH 13'-0' 1 56'-0' �- PROP, 6' STOCKADE FENCE (TYP.) PROP. CRUSHED STONE ACCESS DRIVE 12' x 12' x 3/4- STEEL BEARING PLATE (GRADE 36)(TYP) 18' x 3/4'0 J -BOLT W/ 3' HOOK WELDED TO PLATE USING 100% ELEVATION VIEW PENETRATION (TYP) SCALE: 1/8'- 1'-. 0- STEVENS ESTATE AT&T E 445.7 723 OSGOOD STREET NORTH ANDOVER. MA 01845 ATiJ WIREIEoS',ERVK;Ei WO 0.U[ N4 OWE .Eanoo0. w mao SEE DETAIL 3451 FOR NOTES #3 TIE 24-0 8-/6 0 6. OC (TYP) SP (1 2.50 CAISSON (TYP) a1E 14 The Commonwealth of Massachusetts Executive Office of Health and Human Services Department of Public Health Radiation Control Program 174 Portland Street, 5t' Floor, Boston, MA 02114 JANE SWIFT (617) 727-6214 (617) 727-2098 - Fax GOVERNOR WILLIAM D. O'LEARY SECRETARY HOWARD K. KOH, MD, MPH COMMISSIONER June 21, 2001 Stan Sherman SRS Engineering Applications, Inc. 30 Twin Ponds Drive Dartmouth, MA 02748 Re: Personal Communication Services Dear Mr. Sherman: Pursuant to your notification of June 10, 2001, this is to advise you that approval, under the provisions of 105 CMR 122.021 has been granted to maintain the Personal Communication Services facility located at 723 Osgood Street in North Andover, Massachusetts. Should you have any questions, please contact Robert T. Watkins at (617) 727-6214. Sincerely, Robert M. Hallisey, Director Radiation Control Program cc: North Andover Board of Health RMH/RTW/dbd 15 BS54XC860A THE COMMONWEALTH OF MASSACHUSETTS DEPARTMENT OF PUBLIC HEALTH RADIATION CONTROL PROGRAM 174 PORTLAND STREET, 5TH FLOOR, BOSTON, MA 02114 NOTIFICATION OF NONIONIZtNG RADIATION SOURCE Fixed Communication Installations A. Owner of the structure on which the antenna is located and the location of the antenna: Name of owner of the structure on which the antenna is located: Sprint Spectrum L.P. Address of structure owner: 74 Commerce Way, Woburn, MA 01801 Telephone number: 617-228-8500 Date of installation of the structure: n/a Cit /town of antenna location: North Andover, Essex County, MA Local name of location (i.e. street name and number): 723 Osgood St., North Andover, MA 01845 Latitude: 420 42' 28.30" N AD 83 Longitude: 710 06' 51.44" W AD 83 Are there any other transmitting antennae located on the same structure? Yes Are there any other transmitting antennae located within 300 feet? No Anticipated date of installation of antenna: October, 2001 B. Owner of the antenna: Name of the owner of the antenna: Sprint Spectrum L.P. Address of antenna owner: 74 Commerce Way, Woburn, MA 01801 Telephone number: 617-228-8500 RF Fixed Communication ]nslallaliom Form (1/96) 1 MCRP 122.021 -1 C. Owner of the location on which the transmitter is located and the location of the transmitter: X Same as antenna Complete only if transmitter location is different than antenna location Name of owner of the structure on which the transmitter is located: (Address of structure owner: number: Local name of location i.e. street name and number): Cit /town of transmitter location: Latitude: Longitude: Anticipated installation date of transmitter: D. Owner of the transmitter: X Same as antenna. Complete only if transmitter owner is different than antenna owner. Name of the transmitter owner: Address of transmitter owner: Telephone number: E. Technical specifications: FCC class ort e of service: Personal Communications Services FCC call letters: KNLF217 FCC class of service: Personal Communications Services Operating frequency of transmitter: 1950 - 1965 MHz Type of modulation: QPSK Average power output of transmitter: 4.OW 36.02 dBm Peak power output of transmitter: 16 W 42.04 dBm Power into the antenna: 40.16 dBm 10.37 W Antenna manufacturer: EMS Antenna model: FR90-16-OODP Antenna type: Directional Sector Panel Gain of the antenna: 13.8 dBd Antenna radiating pattern.- Attached Polarization of radiation from antenna: Slant +/- 45 Effective radiating ower: 53.96 dBm RF Fixed Communication Installations Form (1/96) 2 MCRP 122.021 -1 F. Power density information: F.1 The power density values presented in F.1 were: Calculated using; Measured using; X FCC Tech Bulletin Instrument (manufacturer): Other: (specify): model: robe: Date of most recent calibration: Horizontal distance to nearest place where facility NA NA employees work or congregate: Radial distance to nearest place where facility employees work or congregate: 29.60 0.00379 Horizontal distance to nearest location on the property NA NA boundary: Radial distance to nearest location on the property 230.20 0.04866 boundary: Horizontal distance to the location on the property boundary where the highest power density level is NA NA anticipated: Radial distance to the location on the property boundary where the highest power density level is 339.62 0.13166 anticipated: Horizontal distance to nearest location regularly occupied outside the property boundary: type of facility: X Home School NA NA Office Manuf. Facility Other (specify): Radial distance to nearest location regularly occupied outside the property boundary: type of facility: X Home School 306.23 0.09318 Office Manuf. Facility Other (specify): RF Fixed Communication Installations Form (1/96) 3 MCRF 122.021 -1 F.2 Attach all assumptions and calculations used to determine the values listed in F.1. G. Attach a layout drawing showing the various areas in which employees associated with the nonionizing source work and the predicted or measured RF (power density) levels at these locations. H. List the areas in which employees have been classified as nonionizing radiation (NIR) workers: X There are no areas that have been classified for NIR workers. There are areas that have been classified for NIR workers. Such areas are listed below. I. Have all workers that are classified as NIR workers been instructed in nonionizing radiation health and safety policies and procedures? YES NO X N/A Date that the most recent NIR safety training was provided: X N/A RF Fixed Communication Installations Form (1 /96) 4 MCRP 122.021 -1 a gmum pt�wer densrt �� iumb rof eni 3 I. Have all workers that are classified as NIR workers been instructed in nonionizing radiation health and safety policies and procedures? YES NO X N/A Date that the most recent NIR safety training was provided: X N/A RF Fixed Communication Installations Form (1 /96) 4 MCRP 122.021 -1 I CERTIFY THAT: 1. I have read, understand and will comply with the requirements of 105 CMR 122.000 and 453 CMR 5.000 2. To the best of my knowledge, the statements made and information disclosed in this registration application are true, complete, and correct. 3. If any of the disclosed information changes, I will provide updated written information to the Radiation Control Program of the Department of Public Health within 30 days of the change. 4. I will provide additional information as may be required by the Radiation Control Program of the Department of Public Health. SIGNED UNDER THE PAINS AND PENALTIES OF PERJURY, Date Date . Signature of Registrant Applicant (Owner or person duly authorized to act on behalf of the owner). Jonathan Hull Senior RF Engineer Print Name and Title Signature of Registrant Applicant Designee (If applicable) Print Name and Title RF Fixed Communication Installation, Form (1/96) 5 MCRP 122.021 -1 The following predicts the RF power density incidents for a realistic worst case at specific locations relative to the radiation source. The maximum power setting for the main lobe is 403.29 watts effective isotropic radiated power (e.i.r.p.) per antenna, pointing towards the horizon. In the extreme worst case, even with future downtilting, a person located on the ground directly beneath the antennas will only be exposed to a side lobe. In order to demonstrate the realistic worst case, we will hypothetically for this exercise downtilt the main lobe 5 degrees below the horizon towards the exposure area, a scenario which is actually realistic." Peak Power out of Transmitter: = 42.04 dBm (16.00 W) Subtract Cable loss: — 1.89 dB Power into Antenna: = 40.16 dBm (10.37 W) Add antenna gain: + 13.80 dBd (15.90 dBi) ERP: = 53.96 dBm = 248.67 W ERP = 403.29 W EiRP From FCC Office of Science and Technology (OET) Bulletin #65 dated Aug..1997, power density (S) can be predicted a follows: S _ (2.56) E.I.R.P. _ (0.64)(1.64) E.R.P. = 1.05 ERP 33.4 ERP 47cR2 7rR2 7iR2 R2 Where: S = power density in pW/cm2 ERP = power in watts R = distance in meters from the center line of radiation to the potential exposure area. Note: Values in table F.1 represent the side lobe power density per antenna, per face. Typically, there is a —30 dB loss for the back lobe that can be considered. As well, —20dB building penetration loss can also be considered RF Fixed Communication Installations Form (1/96) 6 MCRP 122.021 -1 Radial Distances (R) 1004.69' (306.23m) 97.13' (29.6m) Nearest Workers Congregate Occupied E 5 Structure (1.52m) 1000' (304.8m) Horizontal Distances Sample calculation: 9T (29.57m) 755.25' (230.2m) j Nearest occupied structure is 1004.69' radial feet from antenna face. (1004.69') (.3048) = 306.23m Not to Scale 1114.23' (339.62m) Nearest Location on the Property Boundary 749' (2283m) 1110' (338.33m) Location on the Property Boundary where the Highest Power Density level is Anticipated. S _ 33.4 (248.67) _ 8305.5128 _ 0.088566473 µW/cm' (306.23) 93777.1647 Considering four (4) to be the maximum number of CDMA channels that we anticipate using at this site, (4 transmit antennas per face) and that only side lobe exposure would be expected in all locations, our composite power density can be predicted as follows. Side lobe power = 248.67 W = 53.96 dBm — 5.8 dB (side lobe attenuation) = 48.16 dBm (65.4064 W) __ 33.4 (65.4064) (4) _ 8738.289741 _ S (306.23)2 93777.1647 0.093181424 µW/cm2 - 0.000093181424 mW/cm2 Table I from the Massachusetts Department of Public Health 105 CMR 122.010 states the maximum allowed equivalent plane wave free space power density is 1.OmW/cm2. Both worst case and actual everyday power density are well within the Dept. of Public Health's exposure limit. RF Fixed Communication Installations Form (1/96) 7 MCRP 122.021 -1 o E d E `m m a a d N E m m _m 0) _m 1` E N Q CL J E C g C O N C n C O z W N o U) M E Vl >U m O m O O> C O C O C O C O E o 0 0 0 O U rn co co ao Vl tnaQ3 C C C C 00 OO o '7 3 O O O p -0 n a No No � M m v v U% J W O O to o d N a=E rn rn m CCR Um ucOi co m y o W E vi vi v v on ( to N 0 (L OD OD 00 to to w co < W -- CN CN CN CN C4 C14 E c ma�cn 'm omF- 0 IT 0 0 0 0 0 0 0 m W v Co 'O Un N N UO N IT Ui It N v N d 0 Nm m J V Co cq Co CO Co O CO O co CO OD O O eq CD (O m -- s w; aoi o 0 0 0 0 0 0 0 C O O Q m yN m co CO O 109 O O O O Q C X m m E o y m m o C� d° =a o v v c+i v of ao vi 0 vi o w a `o w o o p d v rn 4m v v po m N o O o M M � q N U) Q O Q X co Go 1� 1� v N N = W m o O O O O > m r f- n r; c O O NN N co co Cl) NW o m o a N C S O Q N N NN (M7 M � � Mo o C E C 0 0 0 0 0 0 0 O 0 o 0 O N .m-. 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Sponsor &ars-% omnpanY. aft Pmp-mg oft actlonl: 9. L atltude: 42_0 42_' 28.3 Attrh.or: mete Jeffrey Naax:_ATBT Wireless Services, Inc Address: _400 Blue Hip Drive 10. longitude: _T1_ 06_' 51.44 11. Datum: W NAD 83 ❑ NAD 27 ❑Other Suite 100 12. Nearest: City:.—North Andover State: qty Westwood Su1W_IW_np:_02090-2161 Tel ptiom.- —(781)_407-4646 Fax:_(781)_4074657 13. Nearest Publk-use (not prNate-use) or Military Airport or Heliport: . LWM: LAWRENCE MUNI 14. Distance horn #13.. to Structure: _2946 ft. L Sponsors Representative (1t odw am 91): Attn.af: _Stanley She wax: _SRS Engineering Applications, Inc. 16. Direction from #13. to Stricture: 144 degrees Address: 30 Twin Ponds Drive 16. Site Elevation (AMSL): IL 17. Total Structure Height (AOL): 100 IL gty;_South Datfrthouth Srte_MA_2tp:_02841 Telephone: --(5W)--993-4426 Faa:_(508)--993-44 IS. overall Heigh (9110. + #17.) (AM&): —-352.2_R. 19. Pnviouc FAA Awomutical Study Number (Nappicable): — Of - 3. Nofice of: New Construction ❑ Alteration ❑ Existing 4. Duration: Permanent ❑ Temporary (_rtanths`days) 20. Description of Location: (Attach a USGS 7.3 n ante S. Work Schedule: Beginning End Quadrangte Map with ane prect" alta marked and arty cartWed survey) S. Type: 6d Ardenrm Tower ❑ Crane ❑ Bu kwV ❑ Power Iahe ❑ Landfill ❑ Water Tank ❑ otter Site E-445.7 is located at 723 Osgood Street, North Andover, MA. 7. Marking/Pak" andtor Lighting Preferred: ❑ Red Lights and Paint ❑ Dual - Red and Medium Intensity White ❑ While - Medium Intensity ❑ Dual - Red and High Intensity White The site is 2,555 feet at a bearing of 169 degrees from the intersection of Routes 125N and 133E. The site is also 973 feet at a bearing of 108 degrees from the intersection of Route 125 and Chadwick Street. ❑ While -High Interraity ❑ Other Topographical map and plot plan showing survey data are A FCC Antenna Structure Registration Numbei (ifappReabie): attached. 21. Complete Description of Proposal: Frequencymower (KW) -The total Effective Radiated Power (ERP) from AT&T's antenae will be less than 1.9kW/sector for each of 19301945 M 1.9KWERP/: 3 120 degree -spaced sectors. The 1.9kW is based on 15 channels at 127 W ERP each with no one frequenc being broadcast at a power of greater than 140 W ERP. The assigned frequency band for all transmit 950-1965 M240 WERP(, frequencies from this site is 1930 - 1945 MHz The antennae are mounted within a flag pole -style structure with radiation centers at 85 feet AGL The top of the tower is at 100' AGL and no lightning rod or other attachments will exeed the height of the pole. - The antennae used by AT&T will be Huber Suhner antenna model number SPAM QW/85/17/2N cross -polar panel antennae or equivelant_ (antenna patterns are attached). - Sprint PCS will also broadcast a max_ of 240 WERP CDMA from each of 3 cross polar sectored antenae mounted within the same radome in the frequency range of 1,950 to 1,965 MHz. The antennae rad_ center will be approximately 9T AGL. Notice Is re*" by 14 Code of Federal Regulations, Pad n pursued to 49 U.S.C, Secbm 44718. Persons who knowfty and willingly violate the notice m4lukeraaRs of part 77 are subject to a civil Penalty of *1,000 per day urW the notice Is mcNved, pursuant to 49 U.S.C, Section 46M (a). 1 hereby certify that ant of the above statements trade by me are true, conV6 te, and correct to the best of my knowledge. to add tion, I agree to mark andlor light the x1 rudttre in aeeadancce with established inning & lightfng standards as necessary. Oats 5/29/01 Typed or MntedNameand TWe of fereon filing Notice Stanley Sherman FAA Form 7460-1 (6299) Supersedes Previous Edition / NSN: 0062-00.012-0006 AT&T S SERVICES BER: E 445.7 TEVENS ESTATE TAKE THE RTE 93 N. EAT NUMBER 378. DRIVE 12 PROJECT INFORMATION N. EXIT. NUMBER 44A DRIVE 3.5 MI. AND TAKE 13. FOLLOW MASS. AVE. 1.2 W. AND TUN LEFT N./133 E.) DRIVE 1.2 All. AND TURN RIGHT OSGOOD ST AND FOLLOW DRIVEWAY TO TOP SCOPE OF WORK: AN UNMANNED TELECOMMUNICATIONS FACILITY SITE ADDRESS: ] NORMOWR. W 01845 IY MAP PROPERTY OWNER: TOWN OF NORTH ANDOVER CONTACT PERSON: NOORRTHANANDOVER. MA. 05845 TOWN MANAGER QUt'gho AD..-_ -- - - MARK REES .; APPLICANT: AT&T WIRELESS 5 400 BLU[[ 1.LL ROAD SUTE 100 = '.__. 2C CONTROL POM: CENTER OF PROP. MONOPOLE SITE SINGLE rnuorR RK LATITUDE: 4742'28.30" LONGITUDE: 71'06!51.44* SECOND (X)MPO1Nn GROUND ELEVATION: 252.2'3 LATITUDE: 4242'28.17" LONGITUDE: 71'06'50.16" GROUND ELEVATION. 254.3'3 JURISDICTION: REMENDAL DISTRICT 1 c}- _ R� TAR I.D. NUMBER: WAP 35. PARCEL 23/ BK 04197 PG. 0063 CURRENT USE:RAW LAND PROPOSED USE: TELECOMMUNCATKNIS FACMY _ SITE QUALIFICATION PARTICIPANTS NORTH ANDOVER - � - berc r�emr m�ata AA R. W0o0 GREENMAN-PEDERSEN. W. _ (506)-481-7200 SAL R. MACMILLAN CROWN CASTLE. TEA GROUP (617)-510-2078 RF J. COLARUS50 AT&T WIRELESS SERVICES (207)-776-5807 H. FERGUSON LANDLORD TOWN BECHTEL CORPORATION (617)-250-3791 MANAGER TOWN OF NORTH ANDOVER (978)-688-9500 feao NAao r¢t COUNCEL S. ANDERSON ANDERSON & KREIGER (6I 7)-252-6575 OTHER A LATTINVILLE MAA. HISTORICAL COMMISSION (6,17)-252-6575 GFUNMAN- PEDOM. PC. za I AT&T OUC 0 ( TNARIBOROIURL w D1752 RAWLAMO SITE - MONOPOLE WRN SHELTER TITLE S14M OR[ m- (S9P 24"5 1 2BD-C4457-201 0 SPA_1900_85_17_2_V 0 Horizontal Beam Pattern e radials - Gain i SPA_1900_85_17_2_V Sam va -adials - dBd 0 Please Tvoe or Print on This Form 5 Fbn Approved OMB N06 21204001 Failure To Provide A# Requested lnbrInation May Delay Processing of Your NoticeFOR FAA USA ONLY Notice of Proposed Construction or Alteration 1. Sponsor twom company. a&- proliNrw am -04., 6, Laude 42_0 42_' 28.1 T mLor-Pete.Jethey Name: -AT&T Wireless Services, Inc Address: _400 Blue Hill Drive 10. longitude. 71_0 06_' 50.16 11. Dalen: 0 NAD 83 ❑ NAD 27 ❑Other Suite 100 12. Nearest: City -North Andover State: 17. Nearest PuWM-ass (not pdvate4w) or Military Airport or Heliport: carWestviood state-MA-zip:--02090-2161- Telephone: (781)407-4646- Fax_(781)407.4657 _LWM: LAWRENCE MUNI 14 Dista from #13. to Structure: 2989 fi. 2. Sponsor's Representative Illiother Om 41): Atln.or_Stanley S Nacre: _SRS Engineering Applications. Inc 16. Direction tom #13. to Structure: 1 43 deg Address: 30 Twln Ponds Drive 16. Site t7evation (AMSC,): x'54.3 fl 17. Total Stnreture Height (AGL). pty:_South Dartmouth stsw-MA_zjp:_02841 Telephone: _(508)993-4426 Fax:_(508)-.9X134426- 1a. Overall Height (#If.. #17) (AMS/): -N4.3 ft. 19. Previous FAA Aeronautical Study Number (N appacabW: - OE 3. Notice of: @Naw Construction ❑Alteration ❑Existing 4. Duration: bd Pemranent ❑ Temporary (_-xiths_days) 20. Description of location: (Anach a USGS 7.5 minute 6. Work Schedule: Beginning End gradranpla Alap vAM We prods@ site nwked and any cert1rle0 survey) S. Type: Antenna Tow ❑Crane 13 Building ❑ Power line ❑ Landfill ❑ Water Tank ElOther Site E-445.7 is located at 723 Osgood Street, North Andover, MA 7. MarkkgtPalating ardfor Lighting Preferred• ❑ Red Loft and Paint ❑ Dual - Red and Medium Intensity white ❑ While - Med urn Intensity ❑ Dual - Red and High Intersly White The site is 2,588 feet at a bearing of 167 degrees from the intersection of Routes 125N and 133E. The site is also 106B feet at a bearing of 107 degrees from the intersection of Route 125 and Chadwick Street. ❑ While - High Intensity ❑ Other Topographical map and plot plan showing survey data are 8. FCC Antenna Structure Registration Nu mbel (UappVc0le): attached. 21. Complete Desaip m of Proposal: FrequencyrPower (ttw) - The total Effective Radiated Power (ERP) from AT&Ts antenae will be less than 1.9kW/sector for each of 1930-1945 41.9KWERPA 3 120 degree spaced sectors. The 1.9kW is based on 15 channels at 127 W ERP each with no one frequenc being broadcast at a power of greater than 140 W ERP. The assigned frequency band for all transmit frequencies from this site is 1930 - 1945 MHz. The antennae are mounted within a flag pole -style structure with radiation centers at 85 feet AGL The top of the tower is at 90' AGI- and no lightning rod or other attachments will exeed the height of the pole. - The antennae used by AT&T will be Huber Suhner antenna model number SPA/1900/85/17/2N cross -polar panel antennae or equivelant. (antenna patterns are attached). Notice Is agilred by 14 Code of Federal Re0uktions, Part 71 pursuant to 49 u.s.C., section 44719. Persons who Imowlngly and willingly vlolate the notice re"Iremeds of part 7r are subject to a &A penalty of $1 A00 per day surto the notice Is recetved, pursuant to 49 u s.C., section 400 (a} 1 hereby certify that ail of the above staternents made by me wo true, complete, and correct to the best of my knowledge. In addition. I agree to rew ardlor right the stntcdrre in accordance with established rn i lei E tigMirg standards as necessary. Vote Typed or PtaMed Nomeand Tale,ofPnrsm F" Notice 5/29/01 Stanley Sherman 17t FM F10nn 74910-11 (pYBg) supasades Previous Edition I NW: OM49 -012-000 I JAT&T S SERVICES BER: E 445.7 BER: ESTATE TAKE THE RTE. 93 N. ENT NUMBER 378, DRIVE 12 N. E)OT. NUMBER 44A DRIVE 3.5 ML AND TAKE 43. FOLLOW MASS. AVE 1.2 MI. AND TURN LEFT N./133 E.) DRIVE 1.2 MT. AND TURN RIGHT OSGOOD 57 AND FOLLOW DRIVEWAY TO TOP MAP 1NORTH ANDOVER f MT I AT&T WBP.e;.trl- m.�me PROJECT INFORMATION SCOPE OF WORK: AN UNMANNED TELECOMMUNICATIONS FACILITY SITE ADDRESS: 723 OSGOOD STREET NORTH ANDOVER, MA 01845 PROPERTY OWNER: TOWN OF NORTH ANDOVER MAIN STREET NORTH ANDOVER. MA. 01045 CONTACT PERSON: TOWN MANAGER MARK REES APPLICANT: AT&T WIRELESS OT BLUHILL IAA 052150100 2C CONTROL PONT: CENTER OF PROP. MONOPOLE SINGLE ONHVUYY K.R1 LATITUDE: 4742'28.30' LONGITUDE. 71'06'51 u' GROUND ELEVATION: 252.2'i SECOND N POUNII U1ffUD— 474226.17' LONFJRIDE 71'06'50.16' GROUND ELEVATION: 254.3'3 .NRISDICTM: RESIDENTIAL OISTRIOT 1 TAI( I.D. NUMBER MAP 35. PARCEL 23/ BK. 04197 PG. 0067 CURRENT USE: RAW LAND PROPOSED USE: TELECOMMUNICATIONS FACILITY SITE QUALIFICATION PARTICIPANTS r A/E Nat. OD GREENMw—PEDERSEN. INC. SAC R. LMCM ILW1 CROWN CiLST14 TEA GROUP RF J. COLARUSSO AT&T WIRELESS SERVICE'S CON N. FERGUSON BECHTEL CORPORATION UINDLOM TOWN MANAGER TOWN OF NORTH ANDOVER COU NM S, ANDERSON ANDERSON & KREIGER 28 LOUD ROAD BOROUDL IM 0 1!lmflEB (508)-481-7200 (817)-510-2D78 (207)-776-5807 (617)-250-3791 (978)-688-9500 (617)-252-6575 (617)-252-6575 280—E4457-201 SPA_1900_85_17_2_V Horizontal Beam Pattern e radials - Gain j SPA_1900_85_17_2_V 17 Federal Aviation Administration NEW ENGLAND REGION, ANE -520 12 NEW ENGLAND EXECUTIVE PARK BURLINGTON, MA 01803 ISSUED DATE: 11/05/01 PETE JEFFREY AT&T WIRELESS SERVICES, INC. 400 BLUE HILL DRIVE, SUITE 100 WESTWOOD, MA 02090-2161 AERONAUTICAL STUDY No: 01 -ANE -0579 -OE ** DETERMINATION OF NO HAZARD TO AIR NAVIGATION** The Federal Aviation Administration has completed an aeronautical study under the provisions of 49 U.S.C., Section 44718 and, if applicable, Title 14 of the Code of Federal Regulations, part 77, concerning: Description: ANTENNA TOWER 1930-1945 M1.9 WERP/S, 1950-1965 M240 WERP/S Location: NORTH ANDOVER MA Latitude: 42-42-28.30 NAD 83 Longitude: 071-06-51.44 Heights: 100 feet above ground level (AGL) 352 feet above mean sea level (AMSL) This aeronautical study revealed that the structure would have no substantial adverse effect on the safe and efficient utilization of the navigable airspace by aircraft or on the operation of air navigation facilities. Therefore, pursuant to the authority delegated tome, it is hereby determined that the structure would not be a hazard to air navigation provided the following condition(s), if any, is(are) met: -As a condition to this determination, the structure should be marked and/or lighted in accordance with FAA Advisory Circular 70/7460-1K Change 1, Obstruction Marking and Lighting, Chapters 3(Marked), 4, 5(Red), & 12. -It is required that the enclosed FAA Form 7460-2, Notice of Actual Construction or Alteration, be completed and returned to this office any time the project is abandoned or: VIA— At least 10 days prior to start of construction (7460-2, Part I) V_ Within 5 days after construction reaches its greatest height (7460-2, Part II) -See attachment for additional condition(s) or information. This determination expires on 06/15/03 unless: (a) extended, revised or terminated by the issuing office or (b) the construction is subject to the licensing authority of the Federal Communications Commission (FCC) and an application for a construction permit has been filed, as required by the FCC, within 6 months of the date of this determination. In such case the determination expires on the date prescribed by the FCC for completion of construction or on the date the FCC denies the application. NOTE: REQUEST FOR EXTENSION OF THE EFFECTIVE PERIOD OF THIS DETERMINATION MUST BE POSTMARKED OR DELIVERED TO THIS OFFICE AT LEAST 15 DAYS PRIOR TO THE EXPIRATION DATE. -As a result of this structure being critical to flight safety, it is required that the FAA be kept apprised as to the status of this project. Failure to respond to periodic FAA inquiries could invalidate this determination. This determination is subject to review if an interested party files a petition on or before 12/05/01. In the event a petition for review is filed, it must contain a full statement of the basis upon which it is made and be submitted in triplicate to the Manager, AIRSPACE & RULES DIVISION, ATA -400 Federal Aviation Administration, Washington, D.C. 20591. This determination becomes final on 12/15/01 unless a petition is timely filed. In which case, this determination will not become final pending disposition of the petition. Interested parties will be notified of the grant of any review. This determination is based, in part, on the foregoing description which includes specific coordinates, heights, frequency(ies) and power. Any changes in coordinates, heights, frequency(ies) or use of greater power will void this determination. Any future construction or alteration, including increase in heights, power, or the addition of other transmitters, requires separate notice to the FAA. This determination does include temporary construction equipment such as cranes, derricks, etc., which may be used during actual construction of the structure. However, this equipment shall not exceed the overall heights as indicated above. Equipment which has a height greater than the studied structure requires separate notice to the FAA. This determination concerns the effect of this structure on the safe and efficient use of navigable airspace by aircraft and does not relieve the sponsor of compliance responsibilities relating to any law, ordinance, or regulation of any Federal, State, or local government body. This aeronautical study considered and analyzed the impact on existing and proposed arrival, departure, and en route procedures for aircraft operating under both visual flight rules and instrument flight rules; the impact on all existing and planned public -use airports, military airports and aeronautical facilities; and the cumulative impact resulting from the studied structure when combined with the impact of other existing or proposed structures. The study disclosed that the described structure would have no substantial adverse effect to air navigation. An account of the study findings, aeronautical objections received by the FAA during the study (if any), and the basis for the FAA's decision in this matter can be found on the following page(s). A copy of this determination will be forwarded to the Federal Communications Commission if the structure is subject to their licensing authority. If we can be of further assistance, please contact our office at 781-238-7520. On any future correspondence concerning this matter, please refer to Aeronautical Study Number 01 -ANE -0579 -OE. kPatri 4zaev (DNH) anager, ANCH 7460-2 Attached Attachment Determination of No Hazard Aeronautical Study Number 01 -ANE -0579 -OE LOCATION: The proposed antenna tower will be located approximately .69 nautical miles (NM) southeast of the airport reference point of the Lawrence Municipal Airport (LWM) in Lawrence, Massachusetts. DISCRIPTION OF PROPOSAL: The proposed project is an AT&T Antenna Tower. OBSTRUCTION STANDARDS EXCEEDED: The aeronautical study indicates that the structure exceeds the Obstruction Standards of Federal Aviation Regulations (FAR) Part 77 as follows: Section 77.25(a) by 54 feet, structures that exceed the horizontal surface. A horizontal plane 150 feet above the established airport elevation, the perimeter of which is constructed by swinging arcs of specified radii from the center of each end of the primary surface of the runway, as applied to LWM. The arcs are then connected by tangents. Section 77.35, the proposed construction or alteration would derogate the reliability of an aeronautical air navigation facility. Harmful interference to Lawrence, MA RTR may exist if the proponents equipment meets only the minimum FCC requirements. We request a minimum spurious emissions tolerance of 93.0 dB from the proponents equipment within the 118-138 MHz frequency band. PUBLIC NOTICE COMMENTS: The aeronautical study was mailed out as a public notice on September 5, 2001, with a closing date of October 12, 2001. One letter containing aeronautical comments was received during the public notice period. The following is the summary of the comment received: If allowed to be built, the proposed construction would derogate the reliability of Lawrence, MA, RTR air navigation facility. This action may have an impact to as many as 500,000 General Aviation aircraft per year. DISPOSITION OF COMMENTS: As long as the proponent filters the proposed frequency with the proper filtering system, the FAA has determined this to be an adequate adjustment to maintain frequency reliability with the air navigation facility Page 3 of 4 pages Determination of No Hazard Aeronautical Study Number 01 -ANE -0579 -OE SUMMARY OF EFFECTS: The aeronautical study found that the proposed antenna tower would not have an adverse effect on air traffic operations inbound, enroute through, or outbound from LWM under Visual Flight Rules (VFR) conditions. The aeronautical study found that the proposed antenna tower would not have an adverse effect on air traffic operations inbound, enroute through, or outbound from LWM under Instrument Flight Rules (IFR) conditions. The aeronautical study found that the proposed antenna tower would not have an adverse effect on any LWM existing or planned runway length. The aeronautical study found that the proposed antenna tower would not have an adverse effect or derogation to LWM airport efficiency. The aeronautical study found that the proposed antenna tower would not have an adverse effect on planned IFR and VFR LWM airport operations indicated by plans on file. The aeronautical study found that the proposed antenna tower would be located within the LWM airport traffic pattern but would not have an effect on traffic. This Determination of No Hazard is granted provided the following condition is adhered to: - Upon receipt of notification from the Federal Communication Commission that harmful interference is being caused by the licensee's transmitter, the licensee shall either immediately reduce the power to the point of no interference, cease operation, or take such immediate corrective action as is necessary to eliminate the harmful interference. This condition expires after one year of interference -free operation. This determination is valid for frequency 1930-1945 MHz at 1,900 Watts ERP and 1950-1965 MHz at 240 Watts ERP. Any changes in frequency or use of greater power will void this determination. A 7460-2, Notice of Actual Construction or Alteration is enclosed. Please fill out the form with the coordinates and submit for proper charting. This determination concerns the effect of the proposal on the safe -and efficient use of the navigable airspace by aircraft and does not relieve the sponsor of compliance relating to laws, ordinances, or regulations required by other governmental bodies. Please refer to Aeronautical Study Number 01 -ANE 0579 OE in any correspondence Page 4 of 4 pages ff-9 Federal Aviation Administration NEW ENGLAND REGION, ANE -520 12 NEW ENGLAND EXECUTIVE PARK BURLINGTON, MA 01803 ISSUED DATE: 11/05/01 PETE JEFFREY AT&T WIRELESS SERVICES, INC. 400 BLUE HILL DRIVE, SUITE 100 WESTWOOD, MA 02090-2161 AERONAUTICAL STUDY No: 01 -ANE -0585 -OE ** DETERMINATION OF NO HAZARD TO AIR NAVIGATION ** The Federal Aviation Administration has completed an aeronautical study under the provisions of 49 U.S.C., Section 44718 and, if applicable, Title 14 of the Code of Federal Regulations, part 77, concerning: Description: ANTENNA TOWER 1930-1945 M 1.9 KWERP/S Location: NORTH ANDOVER, MA Latitude: 42-42-28.17 NAD 83 Longitude: 071-06-50.16 Heights: 90 feet above ground level (AGL) 344 feet above mean sea level (AMSL) This aeronautical study revealed that the structure would have no substantial adverse effect on the safe and efficient utilization of the navigable airspace by aircraft or on the operation of air navigation facilities. Therefore, pursuant to the authority delegated to me, it is hereby determined that the structure would not be a hazard to air navigation provided the following condition(s), if any, is (are) met: -As a condition to this determination, the structure should be marked and/or lighted in accordance with FAA Advisory Circular 70/7460-1K Change 1, Obstruction Marking and Lighting, Chapters 3(Marked), 4, 5(Red), & 12. -It is required that the enclosed FAA Form 7460-2, Notice of Actual Construction or Alteration, be completed and returned to this office any time the project is abandoned or: 4 At least 10 days prior to start of construction (7460-2, Part I) V/ Within 5 days after construction reaches its greatest height (7460-2, Part II) -See attachment for additional condition(s) or information. This determination expires on 06/15/03 unless: (a) extended, revised or terminated by the issuing office or (b) the construction is subject to the licensing authority of the Federal Communications Commission (FCC) and an application for a construction permit has been filed, as required by the FCC, within 6 months of the date of this determination. In such case the determination expires on the date prescribed by the FCC for completion of construction or on the date the FCC denies the application. NOTE: REQUEST FOR EXTENSION OF THE EFFECTIVE PERIOD OF THIS DETERMINATION MUST BE POSTMARKED OR DELIVERED TO THIS OFFICE AT LEAST 15 DAYS PRIOR TO THE EXPIRATION DATE. -As a result of this structure being critical to flight safety, it is required that the FAA be kept apprised as to the status of this project. Failure to respond to periodic FAA inquiries could invalidate this determination. This determination is subject to review if an interested party files a petition on or before 12/05/01. In the event a petition for review is filed, it must contain a full statement of the basis upon which it is made and be submitted in triplicate to the Manager, AIRSPACE & RULES DIVISION, ATA -400 Federal Aviation Administration, Washington, D.C. 20591. This determination becomes final on 12/15/01 unless a petition is timely filed. In which case, this determination will not become final pending disposition of the petition. Interested parties will be notified of the grant of any review. This determination is based, in part, on the foregoing description which includes specific coordinates., heights, frequency(ies) and power. Any changes in coordinates, heights, frequency(ies) or use of greater power will void this determination. Any future construction or alteration, including increase in heights, power, or the addition of other transmitters, requires separate notice to the FAA. This determination does include temporary construction equipment such as cranes, derricks, etc., which may be used during actual construction of the structure. However, this equipment shall not exceed the overall heights as indicated above. Equipment which. has a height greater than the studied structure requires separate notice to the FAA. This determination concerns the effect of this structure on the safe and efficient use of navigable airspace by aircraft and does not relieve the sponsor of compliance responsibilities relating to any law, ordinance, or regulation of any Federal, State, or local government body. This aeronautical study considered and analyzed the impact on existing and proposed arrival, departure, and en route procedures for aircraft operating under both visual flight rules and instrument flight rules; the impact on all existing and planned public -use airports, military airports and aeronautical facilities; and the cumulative impact resulting from the studied structure when combined with the impact of other existing or proposed structures. The study disclosed that the described structure would have no substantial adverse effect to air navigation. An account of the study findings, aeronautical objections received by the FAA during the study (if any), and the basis for the FAA's decision in this matter can be found on the following page(s). A copy of this determination will be forwarded to the Federal Communications Commission if the structure is subject to their licensing authority. If we can be of further assistance, please contact our office at 781-238-7520. On any future correspondence concerning this matter, please refer to Aeronautical Study Number 01 -ANE -0585 -OE. Patri a Garra ne (DNH) Manager, AIRS CE BRANCH 7460-2 Attached Attachment Determination of No Hazard Aeronautical Study Number 01 -ANE -0585 -OE LOCATION: The proposed antenna tower will be located approximately .70 nautical miles (NM) southeast of the airport reference point of the Lawrence Municipal Airport (LWM) in Lawrence, Massachusetts. DISCRIPTION OF PROPOSAL: The proposed project is an AT&T Antenna Tower. OBSTRUCTION STANDARDS EXCEEDED: The aeronautical study indicates that the structure exceeds the Obstruction Standards of Federal Aviation Regulations (FAR) Part 77 as follows: Section 77.25(x) by 46 feet, structures that exceed the horizontal surface. A horizontal plane 150 feet above the established airport elevation, the perimeter of which is constructed by swinging arcs of specified radii from the center of each end of the primary surface of the runway, as applied to LWM. The arcs are then connected by tangents. Section 77.35, the proposed construction or alteration would derogate the reliability of an aeronautical air navigation facility. Harmful interference to Lawrence. MA RTR may exist if the proponents equipment meets only the minimum FCC requirements. We request a rrtinimum spurious emissions tolerance of 93.0 dB from the proponents equipment within the 118-138 MHz frequency band. PUBLIC NOTICE COMMENTS: The aeronautical study was mailed out as a public notice on September 6, 2001, with a closing date of October 13, 2001. One letter containing aeronautical comments was received during the public notice period. The following is the summary of the comment received: If allowed to be built, the proposed construction would derogate the reliability of Lawrence, MA, RTR air navigation facility. This action may have an impact to as many as 500,000 General Aviation aircraft per year. DISPOSITION OF COMMENTS: As long as the proponent filters the proposed frequency with the proper filtering system, the FAA has determined this to be an adequate adjustment to maintain frequency reliability with the air navigation facility Page 3 of 4 pages Determination of No Hazard Aeronautical Study Number 01 -ANE -0585 -OE SUMMARY OF EFFECTS: The aeronautical study found that the proposed antenna tower would not have an adverse effect on air traffic operations inbound, enroute through, or outbound from LWM under Visual Flight Rules (VFR) conditions. The aeronautical study found that the proposed antenna tower would not have an adverse effect on air traffic operations inbound, enroute through, or outbound from LWM under Instrument Flight Rules (IFR) conditions. The aeronautical study found that the proposed antenna tower would not have an adverse effect on any LWM existing or planned runway length. The aeronautical study found that the proposed antenna tower would not have an adverse effect or derogation to LWM airport efficiency. The aeronautical study found that the proposed antenna tower would not have an adverse effect on planned IFR and VFR LWM airport operations indicated by plans on file. The aeronautical study found that the proposed antenna tower would be located within the LWM airport traffic pattern but would not have an effect on traffic. This Determination of No Hazard is granted provided the following condition is adhered to: Upon receipt of notification from the Federal Communication Commission that harmful interference is being caused by the licensee's transmitter, the licensee shall either immediately reduce the power to the point of no interference, cease operation, or take such immediate corrective action as is necessary to eliminate the harmful interference. This condition expires after one year of interference -free operation. This determination is valid for frequency 1930-1945 MHz at 1,900 Watts ERP: Any changes in frequency or use of greater power will void this determination. A 7460-2, Notice of Actual Construction or Alteration is enclosed. Please fill out the form with the coordinates and submit for proper charting. This determination concerns the effect of the proposal on the safe and efficient use of the navigable airspace by aircraft and does not relieve the sponsor of compliance relating to laws, ordinances, or regulations required by other governmental bodies. Please refer to Aeronautical Study Number 01 -ANE 0585 OE in any correspondence. Page 4 of 4 pages 19 U.S. Department ADVISORY of Transportation Federal Aviation CIRCULAR Administration AC 70/7460-1 K Obstruction Marking and Lighting Effective: 811/00 Prepared by the Air Traffic Airspace Management CD U.S. Department Of Transportation Federal Aviation Administration ADVISORY CIRCULAR Subject: CHANGE 1 TO OBSTRUCTION Date: 4/15/00 AC No: 70/7460-1 K MARKING AND LIGHTING Initiated by: ATA -400 Change: I 1. PURPOSE. This change amends the Federal Aviation Administration's (FAA) , standards for marking and lighting structures to promote aviation safety. The Change Number and date of the change material are located at the top of the page. 2. EFFECTIVE DATE. This change is effective August 1, 2000. 3. EXPLANATION OF CHANGES. a. Table of Contents. Change pages i through iii. b. Change pages 19 through 32 beginning at Chapter 7. High Intensity Flashing White Obstruction Light Systems to read 21 through 34. c. Page 1. Paragraph 1. Reporting Requirements. Owner changed to read sponsor. d. Page 1. Paragraph 5. Modifications and Deviations. Owner changed to read sponsor. e. Page 1. Paragraph 5.b.3. Voluntary Marking and/or Lighting. Owner/s changed to read sponsor. f. Page 2. Paragraph d. Chapter 6 changed to read Chapter 12, Table 4. g. Page 2. Paragraph d. Owners/proponents changed to read sponsors. h. Page 2. Paragraph 6. Additional Notification. Proponents changed to read sponsors. i. Page 2. Paragraph 7. Metric Units. Proponents changed to read sponsors. j. Page 3. Paragraph 23. Light Failure Notification. Proponents changed to read sponsors. k. Page 4. Paragraph 24. Notification of Restoration. Owner changed to read sponsor. 1. Page 7. Note. Change proponents to read sponsors. in. Page 11. Paragraph 49. Distraction. Owner changed to read sponsor n. Replace Pages Al -1 through Al -19. New illustrations. In addition, mid-level lighting on structures beginning at 250 feet above ground level (AGL) has been convected to reflect lighting beginning at 350 feet AGL. 1 e' 4' : OHN S. WALKER Program Director for Air Traffic Airspace Management PAGE CONTROL CHART AC 70/7460-1K, CHG. 1 Remove Pages Dated Insert Pages Dated i through iii 3/1/00 i through iii 8/l/00 1 through 4 3/1/00 1 through 4 8/1/00 7 311/00 7 8/1/00 11 3/1/00 11 8/1/00 AM through Al -19 3/1/00 AM through Al -19 8/1/00 snro0 Table of Contents AC 70/7460.1 K CHG I CHAPTER 9. ADMINISTRATIVE AND GENERAL PROCEDURES 1. REPORTING REQUIREMENTS..........................................................................................................................................1 2. PRECONSTRUCTION NOTICE............................................................................................................................................1 3. FAA ACKNOWLEDGEMENT...............................................................................................................................................1 4. SUPPLEMENTAL NOTICE REQUIREMENT...................................................................................................................1 5. MODIFICATIONS AND DEVIATIONS...............................................................................................................................1 6. ADDITIONAL NOTIFICATION ............................. »............................................................................................................ 2 7. METRIC UNITS......................................................................................................................................................................2 CHAPTER 2. GENERAL 20. STRUCTURES TO BE MARKED AND LIGHTED..........................................................................................................3 21. GUYED STRUCTURES........»...........................................................................................................»................................3 22. MARKING AND LIGHTING EQUIPMENT.....................................................................................................................3 23. LIGHT FAILURE NOTIFICATION ................. ............................................................................................................. 3 24. NOTIFICATION OF RESTORATION ............................................ .......................................... ......................... ...... 4 25. FCC REQUIREMENT...................:.......................................................................................................................................4 CHAPTER 3. MARKING GUIDLINES 30. PURPOSE ................................ ............... .............................................................. ....................................................... 5 31. PAINT COLORS...............................................................................................................».................»...............»...............5 32. PAINT STANDARDS.............................................................................»......»......»...................»......»................................5 33. PAINT PATTERNS............................................................... ...... ............... ................................. ......... ...................... 5 34. MARKERS........................................................................................................................................... .................................. 35. UNUSUAL COMPLEXITIES..............................................................................................................»................................7 36. OMISSION OR ALTERNATIVES TO MARKING .. ...... _.................................................................................................7 CHAPTER 4. LIGHTING GUIDELINE 40. PURPOSE...........................................................................................................».........................................................._......9 41. STANDARDS ........................................... ................ »............................. ........ ..................... .......................................... ...... 9 42. LIGHTING SYSTEMS ........................... ................................................................................. ....................................... 9 43. CATENARY LIGHTING.......................................................................................................................................»............10 44. INSPECTION, REPAIR AND MAINTENANCE...................................................»........................................................10 45. NONSTANDARD LIGHTS...............»..............»......»..........»...........................».......».......................................»............10 46. PLACEMENT FACTORS ............................. ...................................................... .................. .......... ......................... 10 47. MONITORING OBSTRUCTION LIGHTS........................................»......»................................».................................11 48. ICE SHIELDS......................................................................................................................................................................11 49. DISTRACTION....._.....................................................................................................................»......................................11 CHAPTER 5. RED OBSTRUCTION LIGHT SYSTEM 50. PURPOSE..................................................................................................................................................... .....13 ................... 51. STANDARDS .................................. ».............. ........................ .............. ........ ........ »............................................................ 13 52. CONTROL DEVICE ............. _............................... ................................ ........ ............................................... ................. .....13 53. POLES, TOWERS, AND SIMILAR SKELETAL STRUCTURES_......................................................................:.......13 54. CHIMNEYS, FLARE STACKS, AND SIMILAR SOLID STRUCTURES ........ ......................................................... 14 55. WIND TURBINE STRUCTURES ............. ................................ ........................................................................................ 14 56. GROUP OF OBSTRUCTIONS ............................. »....................................... »............................................................ ..... 14 57. ALTERNATE METHOD OF DISPLAYING OBSTRUCTION LIGHTS..............................................................».....15 58. PROMINENT BUILDINGS, BRIDGES, AND SIMILAR EXTENSIVE OBSTRUCTIONS ................. _.............. .... 15 Table of Contents AC 70/7460-1K CHG 1 8/1/00 CHAPTER 6. MEDIUM INTENSITY FLASHING WHITE OBSTRUCTION LIGHT SYSTEMS 60. PURPOSE ........................ ................ ................................ ......... »...... ».................................................. .. ................ ............. 17 61. STANDARDS .. .............. ....................................... ........................................................................................................ 17 62. RADIO AND TELEVISION TOWERS AND SIMILAR SKELETAL STRUCTURES...............................................17 63. CONTROL DEVICE...........................................................................................................................................................17 64. CHIMNEYS, FLARE STACKS, AND SIMILAR SOLID STRUCTURES....................................................................18 65. WIND TURBINE STRUCTURES......................................................................................................................................18 66. GROUP OF OBSTRUCTIONS ..................................... »............................... »...... .............................. ............................. 18 67. SPECIAL CASES.................................................................................................................................................................18 68. PROMINENT BUILDINGS AND SIMILAR EXTENSIVE OBSTRUCTIONS...........................................»..............18 CHAPTER 7. HIGH INTENSITY FLASHING WHITE OBSTRUCTION LIGHT SYSTEMS 70. PURPOSE..............................................................................................................................................».............................21 71. STANDARDS...........................»......»................................................................................ ., .......21 .......................................... 72. CONTROL DEVICE .... ............................ .........................................................................................................»............21 73. UNITS PER LEVEL .... .................. ........... ............ ........ .... ...................................................................................... 21 74. INSTALLATION GUIDANCE ............ ....... ....... ................................................................................... ................ ..21 75. ANTENNA OR SIMH AR APPURTENANCE LIGHT...................:...............................................................................22 76. CHIMNEYS, FLARE STACKS, AND SIMILAR SOLID STRUCTURES....................................................................22 77. RADIO AND TELEVISION TOWERS AND SIMILAR SKELETAL STRUCTURES.................................»............22 78. HYPERBOLIC COOLING TOWERS .................................................. ................................................. ................... 22 79. PROMINENT BUILDINGS AND SIMILAR EXTENSIVE OBSTRUCTIONS............................».............................23 CHAPTER 8. DUAL LIGHTING WITH RED/MEDIUM INTENSITY FLASHING WHITE SYSTEMS 80. PURPOSE ............. ......... »....... ................. ......................... .................................................................................................... 25 81. INSTALLATION »».........» .................................... »...... .......................... ................ ............................. .. ....... ...................... 25 82. OPERATION ........ ........ .................................. »...... ................................... .................................................... ..................... 25 83. CONTROL DEVICE .... .............. ........... ........ ............................................... ....................................................... .............. 25 84. ANTENNA OR SIMILAR APPURTENANCE LIGHT...................................................................................................25 85. WIND TURBINE STRUCTURES.........................................................................................................................»...........25 86. OMISSION OF MARKING ....... ..................................»..............._..................................................................................25 CHAPTER 9. DUAL LIGHTING WITH RED/HIGH INTENSITY FLASHING WHITE SYSTEMS 90. PURPOSE ..........» ............. ............. ....................... ............ .................................................................... .................. 27 91. INSTALLATION .» .......... .... ........ ......... ....... .......... ........ ......... ................. »..... .............................................................. 27 92. OPERATION....- ........... ...................... ................. ................. ......... ........ ......... _...... ............................ ........ »....... ........ ..... 27 93. CONTROL DEVICE....__... . ...... . . . . ....... ............................... ....... ............................................................ . . 27 94. ANTENNA OR SIMILAR APPURTENANCE LIGHT ...................... ..............._............................_....._...................27 95. OMISSION OF MARKING..»...._..............»......»...............».....................................................................................»...27 CHAPTER 10. MARKING AND LIGHTING OF CATENARY AND CATENARY SUPPORT STRUCTURES 100. PURPOSE............................................................................................................................................................................29 101. CATENARY MARKING STANDARDS ............... ........................................................................................ ............ 29 102. CATENARY LIGHTING STANDARDS........................................................................................................................29 103. CONTROL DEVICE.........................................................................................................................................................30 104. AREA SURROUNDING CATENARY SUPPORT STRUCTURES.............................................................................30 105. THREE OR MORE CATENARY SUPPORT STRUCTURES....................................................»............................».30 Table of Contents 1/1/00 AC 70/1460-1K CHG 1 CHAPTER 11. MARKING AND LIGHTING MOORED BALLOONS AND KITES 110. PURPOSE ................... ».................................................. .......................................... ............................................. ........... 31 111. STANDARDS ............... »...... ................................. »...... ................................ ».................................... ............................. 31 112. MARKING..........................................................................................................................................................................31 113. PURPOSE...........................................................................................................................................................................31 114. OPERATIONAL CHARACTERISTICS..........................................................................................................................31 CHAPTER 12. MARKING AND LIGHTING EQUIPMENT AND INFORMATION 120. PURPOSE..................................................................................................................».......................................................33 121. PAINT STANDARD.....................................................................................................»...................................................33 122. AVAILABILITY OF SPECIFICATIONS...........................................................»..........................................................33 123. LIGHTS AND ASSOCIATED EQUIPMENT.....................................................»........................»................................33 124. AVAILABILITY ................. .................................................... ......... .............................. ............................................ 34 APPENDIX 1: SPECIFICATIONS FOR OBSTRUCTION LIGHTING EQUIPMENT CLASSIFICATION APPENDIX.............................................................................».............................................................................................. Al -1 APPENDIX 2. MISCELLANEOUS 1. RATIONALE FOR OBSTRUCTION LIGHT INTENSITIES.................................».................................................. A2-1 2. DISTANCE VERSUS INTENSITIES................................»..............»............................................................................ A2-1 3. CONCLUSION.................................................................................................................................................................. A2-1 4. DEFINITIONS................................................................................................................................»................................. A2-1 5. LIGHTING SYSTEM CONFIGURATION.................................................................................................................... A2-2 Table of Contents iii 8/1/00 CHAPTER 1. ADMINISTRATIVE AND GENERAL PROCEDURES 1. REPORTING REQUIREMENTS A sponsor proposing any type of construction or alteration of a structure that may affect the National Airspace System (NAS) is required under the provisions of 14 Code of Federal Regulations (14 CFR part 77) to notify the FAA by completing the Notice of Proposed Construction or Alteration form (FAA Form 7460-1). The form should be sent to the FAA Regional Air Traffic Division office having jurisdiction over the area where the planned construction or alteration would be located. Copies of FAA Form 7460-1 may be obtained from any FAA Regional Air Traffic Division office, Airports District Office or FAA Website at www.faa.gov/ats/ata/ata400. 2. PRECONSTRUCTION NOTICE The notice must be submitted: a. At least 30 days prior to the date of proposed construction or alteration is to begin. b. On or before the date an application for a construction permit is filed with the Federal Communications Commission (FCC). (The FCC advises its applicants to file with the FAA well in advance of the 30 -day period in order to expedite FCC processing.) 3. FAA ACKNOWLEDGEMENT The FAA will acknowledge, in writing, receipt of each FAA Form 7460-1 notice received. 4. SUPPLEMENTAL NOTICE REQUIREMENT a. If required, the FAA will include a FAA Form 7460-2, Notice of Actual Construction or Alteration, with a determination. b. FAA Form 7460-2 Part 1 is to be completed and sent to the FAA at least 48 hours prior to starting the actual construction or alteration of a structure. Additionally, Part 2 shall be submitted no later than 5 days after the structure has reached its greatest height. The form should be sent to the Regional Air Traffic Division office having jurisdiction over the area where the construction or alteration would be located. c. In addition, supplemental notice shall be submitted upon abandonment of construction. d. Letters are acceptable in cases where the construction/alteration is temporary or a proposal is abandoned. This notification process is designed to Chap 1 AC 70/7460-I K CHG 1 permit the FAA the necessary time to change affected procedures and/or minimum flight altitudes, and to otherwise alert airmen of the structure's presence. Note - NOTIFICATION AS REQUIRED IN THE DETERMINATION IS CRITICAL TO AVIATION SAFETY. 5. MODIFICATIONS AND DEVIATIONS a. Requests for modification or deviation from the standards outlined in this AC must be submitted to the FAA Regional Air Traffic Division office serving the area where the structure would be located. The sponsor is responsible for adhering to approved marking and/or lighting limitations, and/or recommendations given, and should notify the FAA and FCC (for those structures regulated by the FCC) prior to removal of marking and/or lighting. A request received after a determination is issued may require a new study and could result in a new determination. b. Modifications. Modifications will be based on whether or not they impact aviation safety. Examples of modifications that may be considered: 1. Marking and/or Lighting Only a Portion of an Object. The object may be so located with respect to other objects or terrain that only a portion of it needs to be marked or lighted. 2 No Marking and/or Lighting. The object may be so located with respect to other objects or terrain, removed from the general flow of air traffic, or may be so conspicuous by its shape, size, or color that marking or lighting would serve no useful pose. 3. Voluntary Marking and/or Lighting. The object may be so located with respect to other objects or terrain that the sponsor feels increased conspicuity would better serve aviation safety. Sponsors who desire to voluntarily mark and/or light their structure should request the proper marking and/or lighting from the FAA to ensure no aviation safety issues are impacted. 4. Marking or Lighting an Object in Accordance with the Standards for an Object of Greater Height or Size. The object may present such an extraordinary hazard potential that higher standards may be recommended for increased conspicuity to ensure the safety to air navigation. c. Deviations. The FAA regional office conducts an aeronautical study of the proposed deviation(s) 8/1/00 and forwards its recommendation to FAA headquarters in Washington, DC, for final approval. Examples of deviations that may be considered: 1. Colors of objects. 2. Dimensions of color bands or rectangles. 3. Colors/types of lights. 4. Basic signals and intensity of lighting. 5. Night/day lighting combinations. 6. Flash rate. d. The FAA strongly recommends that sponsors become familiar with the different types of lighting systems and to specifically request the type of lighting system desired when submitting FAA Form 7460-1. (This request should be noted in "item 2.1)" of the FAA form.) Information on these systems can be found in Chapter 12, Table 4 of this AC. While the FAA will make every effort to accommodate the request, sponsors should also request information from system manufacturers. In order to determine which system best meets their needs based on purpose, installation, and maintenance costs. 6. ADDITIONAL NOTIFICATION Sponsors are reminded that any change to the submitted information on which the FAA has based its determination, including modification, deviation AC 70x1460-1 K CHG 1 or optional. upgrade to white lighting on structures which are regulated by the FCC, must also be filed with the FCC prior to making the change for proper authorization and annotations of obstruction marking and lighting. These structures will be subject to inspection and enforcement of marking and lighting requirements by the FCC. FCC Forms and Bulletins can be obtained from the FCC's National Call Center at 1 -888 -CALL -FCC (1-888-225-5322). Upon completion of the actual change, notify the Aeronautical Charting office at: NOAA/NOS Aeronautical Charting Division Station 5601, N/ACC113 1305 East-West Highway Silver Spring, MD 20910-3233 7. METRIC UNITS To promote an orderly transition to metric units, sponsors should include both English and metric (SI units) dimensions. The metric conversions may not be exact equivalents, and until there is an official changeover to the metric system, the English dimensions will govern. Chap I al1/00 AC 70/7460-1 K CHG 1 CHAPTER 2. GENERAL 20. STRUCTURES TO BE MARKED AND LIGHTED Any temporary or permanent structure, including all appurtenances, that exceeds an overall height of 200 feet (61m) above ground level (AGL) or exceeds any obstruction standard contained in 14 CFR part 77, should normally be marked and/or lighted. However, an FAA aeronautical study may reveal that the absence of marking and/or lighting will not impair aviation safety. Conversely, the object may present such an extraordinary hazard potential that higher standards may be recommended for increased conspicuity to ensure safety to air navigation. Normally outside commercial lighting is not considered sufficient reason to omit recommended marling and/or lighting. Recommendations on marking and/or lighting structures can vary depending on terrain features, weather patterns, geographic location, and in the case of wind turbines, number of structures and overall layout of design. The FAA may also recommend marking and/or lighting a structure that does not exceed 200 (61m) feet AGL or 14 CFR part 77 standards because of its particular location. 21. GUYED STRUCTURES The guys of a 2,000 -foot (610m) skeletal tower are anchored from 1,600 feet (488m) to 2,000 feet (610m) from the base of the structure. This places a portion of the guys 1,500 feet (458m) from the tower at a height of between 125 feet (38m) to 500 feet (153m) AGL. 14 CFR part 91, section 119, requires pilots, when operating over other than congested areas, to remain at least 500 feet (153m) from man- made structures. Therefore, the tower must be cleared by 2,000 feet (61Om) horizontally to avoid all guy wires. Properly maintained marking and lighting are important for increased conspicuity since the guys of a structure are difficult to see until aircraft are dangerously close. 22. MARKING AND LIGHTING EQUIPMENT Considerable effort and research have been expended in determining the minimum marking and lighting systems or quality of materials that will produce an acceptable level of safety to air navigation. The FAA will recommend the use of only those marking and lighting systems that meet established technical standards. While additional lights may be desirable Chap 2 to identify an obstruction to air navigation and may, on occasion be recommended, the FAA will recommend minimum standards in the interest of safety, economy, and related concerns. Therefore, to provide an adequate level of safety, obstruction lighting systems should be installed, operated, and maintained in accordance with the recommended standards herein. 23. LIGHT FAILURE NOTIFICATION a. Sponsors should keep in mind that conspicuity is achieved only when all recommended lights are working. Partial equipment outages decrease the margin of safety. Any outage should be corrected as soon as possible. Failure of a steady burning side or intermediate light should be corrected as soon as possible, but notification is not required. b. Any failure or malfunction that lasts more than thirty (30) minutes and affects a top light or flashing obstruction light, regardless of its position, should be reported immediately to the nearest flight service station (FSS) so a Notice to Airmen (NOTAM) can be issued. Toll-free numbers for FSS are listed in most telephone books or on the FAA's Website at www.faa.gov/ats/ata/ata400. This report should contain the following information: 1. Name of persons or organizations reporting light failures including any title, address, and telephone number. 2. The type of structure. 3. Location of structure (including latitude and longitude, if known, prominent structures, landmarks, etc.). 4. Height of structure above ground level (AGL)/above mean sea level (AMSL), if known. 5. A return to service date. 6. FCC Antenna Registration Number (for structures that are regulated by the FCC). Note - 1. When the primary lamp in a double obstruction light fails, and the secondary lamp comes on, no report is required However, when one of the lamps in an incandescent L1164 flashing red beacon fails, it should be reported. 2. After 15 days, the NOTAM is ataomatieally deleted from the system. The sponsor is requested to call the nearest FSS to extend the outage date. In addition, the sponsor is required to report a return to service date. BMW 24. NOTIFICATION OF RESTORATION As soon as normal operation is restored, notify the same AFSS/FSS that received the notification of failure. The FCC advises that noncompliance with ' notification procedures could subject its sponsor to penalties or monetary forfeitures. AC 70n460-1 K CHc I 25. FCC REQUIREMENT FCC licensees are required to file an environmental assessment with the Commission when seeking authorization for the use of the high intensity flashing white lighting system on structures located in residential neighborhoods, as defined by the applicable zoning law. Chap 2 3/1/00 AC 7017460-1K CHAPTER 3. MARKING GUIDLINES 30. PURPOSE This chapter provides recommended guidelines to make certain structures conspicuous to pilots during daylight hours. One way of achieving this conspicuity is by painting and/or marking these structures. Recommendations on marking structures can vary depending on terrain features, weather patterns, geographic location, and in the case of wind turbines, number of structures and overall layout of design. 31. PAINT COLORS Alternate sections of aviation orange and white paint should be used as they provide maximum visibility of an obstruction by contrast in colors. 32. PAINT STANDARDS The following standards should be followed. To be effective, the paint used should meet specific color requirements when freshly applied to a structure. Since, all outdoor paints deteriorate with time and it is not practical to give a maintenance schedule for all climates, surfaces should be repainted when the color changes noticeably or its effectiveness is reduced by scaling, oxidation, chipping, or layers of contamination. a. Materials and Application. Quality paint and materials should be selected to provide extra years of service. The paint should be compatible with the surfaces to be painted, including any previous coatings, and suitable for the environmental conditions. Surface preparation and paint application should be in accordance with manufacturer's recommendations. Note - In -Service Avialion Orange Color Tolerance Charts are available from private suppliers for determining when repainting is required. The color should he sampled on the upper half of the structure, since weathering is greater there. b. Surfaces Not Requiring Paint. Ladders, decks, and walkways of steel towers and similar structures need not be painted if a smooth surface presents a potential hazard to maintenance personnel. Paint may also be omitted from precision or critical surfaces if it would have an adverse effect on the transmission or radiation characteristics of a signal. However, the overall marking effect of the structure should not be reduced. C. Skeletal Structures. Complete all marking/painting prior to or immediately upon Chap 3 completion of construction. This applies to catenary support structures, radio and television towers, and similar skeletal structures. To be effective, paint should be applied to all inner and outer surfaces of the framework. 33. PAINT PATTERNS Paint patterns of various types are used to mark structures. The pattern to be used is determined by the size and shape of the structure. The following patterns are recommended. a. Solid Pattern. Obstacles should be colored aviation orange if the structure has both horizontal and vertical dimensions not exceeding 10.5 feet (3.2m). b. Checkerboard Pattern. Alternating rectangles of aviation orange and white are normally displayed on the following structures: 1. Water, gas, and grain storage tanks. 2. Buildings, as required. 3. Large structures exceeding 10.5 feet (3.2m) across having a horizontal dimension that is equal to or greater than the vertical dimension. c. Size of Patterns. Sides of the checkerboard pattern should measure not less than 5 feet (1.5m) or more than 20 feet (6m) and should be as nearly square as possible. However, if it is impractical because of the size or shape of a structure, the patterns may have sides less than 5 feet (1.5m). When possible, corner surfaces should be colored orange. d. Alternate Bands. Alternate bands of aviation orange and white are normally displayed on the following structures: 1. Communication towers and catenary support structures. 2. Poles. 3. Smokestacks. 4. Skeletal framework of storage tanks and similar structures. 5. Structures which appear narrow from a side view, that are 10.5 feet (3.2m) or more across and the horizontal dimension is less than the vertical dimension. 6. Wind turbine generator support structures including the nacelle or generator housing. 3/1100 AC 76n,160-1 K 7. Coaxial cable, conduits, and other cables attached to the face of a tower. e. Color Band Characteristics. Bands for structures of any height should be: 1. Equal in width, provided each band is not less than V/Z feet (0.5m) or more than 100 feet (31m) wide. 2. Perpendicular to the vertical axis with the bands at the top and bottom ends colored orange. 3. An odd number of bands on the structure. 4. Approximately one-seventh the height if the structure is 700 feet (214m) AGL or less. For each additional 200 feet (61m) or fraction thereof, add one (1) additional orange and one (1) additional white band. 5. Equal and in proportion to the structure's height AGL. Structure Height to Bandwidth Ratio Example: If a Structure is: Greater Than But Not More Band Width Than 10.5 feet . 700 feet '/7 of height (3.2m) (214m) 701 feet 900 feet '/9 of height (214m) (275m) 901 feet 1,100 feet '/,I of height (275m) (336m) 1,100 feet 1,300 feet '/i3 of height (336m) (397m) TBL I f. Structures With a Cover or Roof. If the structure has a cover or roof, the highest orange band should be continued to cover the entire top of the structure. g. Skeletal Structures Atop Buildings. If a flagpole, skeletal structure, or similar object is erected on top of a building, the combined height of the object and building will determine whether marking is recommended; however, only the height of the object under study determines the width of the color bands. h. Partial Marking. If marking is recommended for only a portion of a structure because of shielding by other objects or terrain, the width of the bands should be determined by the overall height of the structure. A minimum of three bands should be displayed on the upper portion of the structure. i. Teardrop Pattern. Spherical water storage tanks with a single circular standpipe support may be marked in a teardrop -striped pattern. The tank should show alternate stripes of aviation orange and white. The stripes should extend from the top center of the tank to its supporting standpipe. The width of the stripes should be equal, and the width of each stripe at the greatest girth of the tank should not be less than 5 feet (1.5m) nor more than 15 feet (4.6m). j. Community Names. If it is desirable to paint the name of the community on the side of a tank, the stripe pattern may be broken to serve this purpose. This open area should have a maximum height of 3 feet (0.9m). k Exceptions. Structural designs not conducive to standard markings may be marked as follows: 1. If it is not practical to color the roof of a structure in a checkerboard pattern, it may be colored solid orange. 2. If a spherical structure is not suitable for an exact checkerboard pattern, the shape of the rectangles may be modified to fit the shape of the surface. 3. Storage tanks not suitable for a checkerboard pattern may be colored by alternating bands of aviation orange and white or a limited checkerboard pattern applied to the upper one-third of the structure. 4. The skeletal framework of certain water, gas, and grain storage tanks may be excluded from the checkerboard pattern. 34. MARKERS Markers are used to highlight structures when it is impractical to make them conspicuous by painting. Markers may also be used in addition to aviation orange and white paint when additional conspicuity is necessary for aviation safety. They should be displayed in conspicuous positions on or adjacent to the structures so as to retain the general definition of the structure. They should be recognizable in clear air from a distance of at least 4,000 feet (1219m) and in all directions from which aircraft are likely to approach. Markers should be distinctively shaped, i.e., spherical or cylindrical, so they are not mistaken for items that are used to convey other information. They should be replaced when faded or otherwise deteriorated. Chap 3 8/1/00 a. Spherical Markers. Spherical markers are used to identify overhead wires. Markers may be of another shape, i.e., cylindrical, provided the projected area of such markers will not be less than that presented by a spherical marker. 1. Size and Color. The diameter of the markers used on extensive catenary wires across canyons, lakes, rivers, etc., should be not less than 36 inches (91em). Smaller 20 -inch (51 cm) spheres are permitted on less extensive power lines or on power lines below 50 feet (15m) above the ground and within 1,500 feet (458m) of an airport runway end. Each marker should be a solid color such as aviation orange, white, or yellow. 2. InstaUations. (a) Spacing. Markers should be spaced equally along the wire at intervals of approximately 200 feet (61m) or a fraction thereof. Intervals between markers should be less in critical areas near runway ends (i.e., 30 to 50 feet (10m to 15m)). They should be displayed on the highest wire or by another means at the same height as the highest wire. Where there is more than one wire at the highest point, the markers may be installed alternately along each wire if the distance between adjacent markers meets the spacing standard. This method allows the weight and wind loading factors to be distributed. (b) Pattern. An alternating color scheme provides' the most conspicuity against all backgrounds. Mark overhead wires by alternating solid colored markers of aviation orange, white, and yellow. Normally, an orange sphere is placed at each end of a line and the spacing is adjusted (not to exceed 200 feet (61m)) to accommodate the rest of the markers. When less than four markers are used, they should all be aviation orange. b. Flag Markers. Flags are used to mark certain structures or objects when it is technically impractical to use spherical markers or painting. Some examples are temporary construction equipment, cranes, derricks, oil and other drilling rigs. Catenaries should use spherical markers. 1. Minimum Size. Each side of the flag marker should be at least 2 feet (0.6m) in length. 2. Color Patterns. Flags should be colored as follows: (a) Solid. Aviation orange. Chap 3 AC 70x1460-1 K CHG l (b) Orange and White. Arrange two triangular sections, one aviation orange and the other white to form a rectangle. (c) Checkerboard. Flags 3 feet (0.9m) or larger should be a checkerboard pattern of aviation orange and white squares, each 1 foot (0.3m) plus or minus 10 percent. 3. Shape. Flags should be rectangular in shape and have stiffeners to keep them from drooping in calm wind. 4. Display. Flag markers should be displayed around, on top, or along the highest edge of the obstruction. When flags are used to mark extensive or closely grouped obstructions, they should be displayed approximately 50 feet (15m) apart. The flag stakes should be of such strength and height that they will support the flags above all surrounding ground, structures, and/or objects of natural growth. 35. UNUSUAL COMPLEXITIES The FAA may also recommend appropriate marking in an area where obstructions are so grouped as to present a common obstruction to air navigation. 36. OMISSION OR ALTERNATIVES TO MARKING There are two alternatives to marking. Either alternative requires FAA review and concurrence. a. High Intensity Flashing White Lighting Systems. The high intensity lighting systems are more effective than aviation orange and white paint and therefore can be • recommended instead of marking. This is particularly true under certain ambient light conditions involving the position of the sun relative to the direction of flight. When high intensity lighting systems are operated during daytime and twilight, other methods of marking may be omitted. When operated 24 hours a day, other methods of marking and lighting may be omitted. b. Medium Intensity Flashing White Lighting Systems. When medium intensity lighting systems are operated during daytime and twilight on structures 500 feet (153m) AGL or less, other methods of marking may be omitted. When operated 24 hours a day on structures 500 feet (153m) AGL or less, other methods of marking and lighting may be omitted. Note - SPONSORS MUST ENSURE THAT ALTERNATIVES TO MARKING ARE COORDINATED WITH THE FCC FOR STRUCTURES UNDER ITS JURISDICTION PRIOR TO MAKING THE CHANGE. 311100 AC 70174604K CHAPTER 4. LIGHTING GUIDELINE 40. PURPOSE This chapter describes the various obstruction lighting systems used to identify structures that an aeronautical study has determined will require added conspicuity. The lighting standards in this circular are the minimum necessary for aviation safety. Recommendations on lighting structures can vary depending on terrain features, weather patterns, geographic location, and in the case of wind turbines, number of structures and overall layout of design. 41. STANDARDS The standards outlined in this AC are based on the use of light units that meet specified intensities, beam patterns, color, and flash rates as specified in AC 1501534543. These standards may be obtained from: Department of Transportation TASC Subsequent Distribution Office, SVC -121.23 Ardmore East Business Center 3341 Q 75th Avenue Landover, MD 20785 42. LIGHTING SYSTEMS Obstruction lighting may be displayed on structures as follows: a. Aviation Red Obstruction Lights. Use flashing beacons and/or steady burning lights during nighttime. b. Medium Intensity Flashing White Obstruction Lights. Medium intensity flashing white obstruction lights may be used during daytime and twilight with automatically selected reduced intensity for nighttime operation. When this system is used on structures 500 feet (153m) AGL or less in height, other methods of marking and lighting the structure may be omitted. Aviation orange and white paint is always required for daytime marking on structures exceeding 500 feet (153m) AGL. This system is not normally recommended on structures 200 feet (61m) AGL or less. c. High Intensity Flashing White Obstruction Lights. Use high intensity flashing white obstruction lights during daytime with automatically selected reduced intensities for twilight and nighttime operations. When this system is used, other methods of marking and lighting the structure may be omitted. Chap 4 This system should not be recommended on structures 500 feet (153m) AGL or less, unless an FAA aeronautical study shows otherwise. Note- Al/flashing lights on a structure shouldflash simultaneouslyexcept,for catenary support structures, which have a distinct sequence flashing between levels. d. Dual Lighting. This system consists of red lights for nighttime and high or medium intensity flashing white lights for daytime and twilight. When a dual lighting system incorporates medium flashing intensity lights on structures 500 feet (153m) or less, or high intensity flashing white lights on structures of any height, other methods of marling thd structure may be omitted. e. Obstruction Lights During Construction. As the height of the structure exceeds each level at which permanent obstruction lights would be recommended, two or more lights of the type specified in the determination should be installed at that level. Temporary high or medium intensity flashing white lights, as recommended in the determination, should be operated 24 hours a day until all permanent lights are in operation. In either case, two or more lights should be installed on the uppermost part of the structure any time it exceeds the height of the temporary construction equipment. They may be turned off for periods when they would interfere with construction personnel. If practical, permanent obstruction lights should be installed and operated at each level as construction progresses. The lights should be positioned to ensure that a pilot has an unobstructed view of at least one light at each level. f. Obstruction Lights in Urban Areas. When a structure is located in an urban area where there are numerous other white lights (e.g., streetlights, etc.) red obstruction lights with painting or a medium intensity dual system is recommended. Medium intensity lighting is not normally recommended on structures less than 200 feet (61 m). g. Temporary Construction Equipment Lighting. Since there is such a variance in construction cranes, derricks, oil and other drilling rigs, each case should be considered individually. Lights should be installed according to the standards given in Chapters 5, 6, 7, or 8, as they would apply to permanent structures. 3/1/00 AC 70!7460-1K 43. CATENARY LIGHTING Lighted markers are available for increased night conspicuity of high-voltage (69KV or greater) transmission line catenary wires. These markers should be used on transmission line catenary wires near airports, heliports, across rivers, canyons, lakes, etc. The lighted markers should be manufacturer certified as recognizable from a minimum distance of 4,000 feet (1219m) under nighttime conditions, minimum visual flight rules (VFR) conditions or having a minimum intensity of at least 32.5 candela. The lighting unit should emit a steady burning red light. They should be used on the highest energized line. If the lighted markers are installed on a line other than the highest catenary, then markers specified in paragraph 34 should be used in addition to the lighted markers. (The maximum distance between the line energizing the lighted markers and the highest catenary above the lighted marker should be no more than 20 feet (6m).) Markers should be distinctively shaped, i.e., spherical, cylindrical, so they are not mistaken for items that are used to convey other information. They should be visible in all directions from which aircraft are likely to approach. The area in the immediate vicinity of the supporting structure's base should be clear of all items and/or objects of natural growth that could interfere with the line -of -sight between a pilot and the structure's lights. Where a catenary wire crossing requires three or more supporting structures, the inner structures should be equipped with enough light units per level to provide a full coverage. 44. INSPECTION, REPAIR AND MAINTENANCE To ensure the proper candela output for fixtures with incandescent lamps, the voltage provided to the lamp filament should not vary more than plus or minus 3 percent of the rated voltage of the lamp. The input voltage should be measured at the lamp socket with the lamp operating during the hours of normal operation. (For strobes, the input voltage of the power supplies should be within 10 percent of rated voltage.) Lamps should be replaced after being operated for not more than 75 percent of their rated life or immediately upon failure. Flashtubes in a light unit should be replaced immediately upon failure, when the peak effective intensity falls below specification limits or when the fixture begins skipping flashes, or at the manufacturer's recommended intervals. Due to the effects of harsh environments, beacon lenses should be visually inspected for ultraviolet damage, cracks, crazing, dirt build up, etc., to insure that the certified light output has not deteriorated. (See paragraph 23, for reporting requirements in case of failure.) 45. NONSTANDARD LIGHTS Moored balloons, chimneys, church steeples, and similar obstructions may be floodlighted by fixed search light projectors installed at three or more equidistant points around the base of each obstruction. The searchlight projectors should provide an average illumination of at least 15 foot- candles over the top one-third of the obstruction. 46. PLACEMENT FACTORS The height of the structure AGL determines the number of light levels. The light levels may be adjusted slightly, but not to exceed 10 feet (3m), when necessary to accommodate guy wires and personnel who replace or repair light fixtures. Except for catenary support structures, the following factors should be considered when determining the placement of obstruction lights on a structure. a. Red Obstruction Lighting Systems. The overall height of the structure including all appurtenances such as rods, antennas, obstruction lights, etc., determines the number of light levels. b. Medium Intensity Flashing White Obstruction Lighting Systems. The overall height of the structure including all appurtenances such as rods, antennas, obstruction lights, etc., determines the number of light levels. c. High Intensity Flashing White Obstruction Lighting Systems. The overall height of the main structure including all appurtenances such as rods, antennas, obstruction lights, etc., determines the number of light levels. d. Dual Obstruction Lighting Systems. The overall height of the structure including all appurtenances such as rods, antennas, obstruction lights, etc., is used to determine the number of light levels for a medium intensity white obstruction light/red obstruction dual lighting system. The overall height of the structure including all appurtenances is used to determine the number of light levels for a high intensity white obstruction light/red obstruction dual lighting system. e. Adjacent Structures. The elevation of the tops of adjacent buildings in congested areas may be used as the equivalent of ground level to determine the proper number of light levels required. 10 Chap 4 I Shielded Lights. If an adjacent object shields any light, horizontal placement of the lights should be adjusted or additional lights should be mounted on that object to retain or contribute to the definition of the obstruction. 47. MONITORING OBSTRUCTION LIGHTS Obstruction lighting systems should be closely monitored by visual or automatic means. It is extremely important to visually inspect obstruction lighting in all operating intensities at least once every 24 hours on systems without automatic monitoring. In the event a structure is not readily accessible for visual observation, a properly maintained automatic monitor should be used. This monitor should be designed to register the malfunction of any light on the obstruction regardless of its position or color. When using remote monitoring devices, the communication status and operational status of the system should be confirmed at least once every 24 hours. The monitor (aural or visual) should be located in an area generally occupied by responsible personnel. In some cases, this may require a remote monitor in an attended location. For each structure, a log should be maintained in which daily operations status of the lighting system is recorded. Beacon AC 7on46o-1 K CHG I lenses should be replaced if serious cracks, crazing, dirt build up, etc., has occurred. 48. ICE SHIELDS Where icing is likely to occur, metal grates or similar protective ice shields should be installed directly over each light unit to prevent falling ice or accumulations from damaging the light units. 49. DISTRACTION a. Where obstruction lights may distract operators of vessels in the proximity of a navigable waterway, the sponsor must coordinate with the Commandant, U.S. Coast Guard, to avoid interference with marine navigation. . b. The address for marine information and coordination is: Chief, Aids to Navigation Division (OPN) U.S. Coast Guard Headquarters 2100 2nd Street, SW., Rm. 3610 Washington, DC 20593-0001 Telephone: (202) 267-0980 Chap 4 11 3/1/00 AC 7017460-1 K CHAPTER 5. RED OBSTRUCTION LIGHT SYSTEM 50. PURPOSE Red Obstruction lights are used to increase conspicuity during nighttime. Daytime and twilight marking is required. Recommendations on lighting structures can vary depending on terrain features, weather patterns, geographic location, and in the case of wind turbines, number of structures and overall layout of design. 51. STANDARDS The red obstruction lighting system is composed of flashing omnidirectional beacons (L-864) and/or steady burning (L-810) lights. When one or more levels is comprised of flashing beacon lighting, the lights should flash simultaneously. a. Single Obstruction Light. A single (L-810) light may be used when more than one obstruction light is required either vertically or horizontally or where maintenance can be accomplished within a reasonable time. 1. Top Level. A single light may be used to identify low structures such as airport ILS buildings and long horizontal structures such as perimeter fences and building roof outlines. 2. Intermediate Level. Single lights may be used on skeletal and solid structures when more than one level of lights is installed and there are two or more single lights per level. b. Double Obstruction Light. A double (L-810) light should be installed when used as a top light, at each end of a row of single obstruction lights, and in areas or locations where the failure of a single unit could cause an obstruction to be totally unlighted. 1. Top Level. Structures 150 feet (46m) AGL or less should have one or more double lights installed at the highest point and operating simultaneously. 2. Intermediate Level. Double lights should be installed at intermediate levels when a malfunction of a single light could create an unsafe condition and in remote areas where maintenance cannot be performed within a reasonable time. Both units may operate. simultaneously, or a transfer relay may be used to switch to a spare unit should the active system fail. 3. Lowest Level. The lowest level of light units may be installed at a higher elevation than normal on a structure if the surrounding terrain, trees, or adjacent building(s) would obscure the lights. In certain instances, as determined by an FAA aeronautical study, the lowest level of lights may be eliminated. 52. CONTROL DEVICE Red obstruction lights should be operated by a satisfactory control device (e.g., photo cell, timer, etc.) adjusted so the lights will be turned on when the northern sky . illuminance reaching a vertical surface falls below a level of 60 foot-candles (645.8 lux) but before reaching a level of 35 foot-candles (367.7 lux). The control device should turn the lights off when the northern sky illuminance rises to a level of not more than 60 foot-candles (645.8 lux). The lights may also remain on continuously. The sensing device should, if practical, face the northern sky in the Northern Hemisphere. (See AC 150/5345-43.) 53. POLES, TOWERS, AND SIMILAR SKELETAL STRUCTURES The following standards apply to radio and television towers, supporting structures for overhead transmission lines, and similar structures. a. Top Mounted Obstruction Light. 1. Structures 150 Feet (46m) AGL or Less. Two or more steady burning (L-810) lights should be installed in a manner to ensure an unobstructed view of one or more lights by a pilot. 2. Structures Exceeding 150 Feet (46m) AGL. At least one red flashing (L-864) beacon should be installed in a manner to ensure an unobstructed view of one or more lights by a pilot. 3. Appurtenances 40 Feet (12m) or Less. If a rod, antenna, or other appurtenance 40 feet (12m) or less in height is incapable of supporting a red flashing beacon, then it may be placed at the base of the appurtenance. If the mounting location does not allow unobstructed viewing of the beacon by a pilot, then additional beacons should be added. 4. Appurtenances Exceeding 40 Feet (12m). If a rod, antenna, or other appurtenance exceeding 40 feet (12m) in height is incapable of supporting a red flashing beacon, a supporting mast with one or more beacons should be installed adjacent to the appurtenance. Adjacent installations should .not exceed the height of the appurtenance and be within 40 feet (12m) of the rip to allow the pilot an unobstructed view of at least one beacon. b. Mounting Intermediate Levels. The number of light levels is determined by the height of the structure, including all appurtenances, and is detailed in Appendix 1. The number of lights on each level is Chap 5 13 311M AC 70!1460-1K determined by the shape and height of the structure. These lights should be mounted so as to ensure an unobstructed view of at least one light by a pilot. 1. Steady Burning Lights (L-810). (a) Structures 350 Feet (107m) AGL or Less. Two or more steady burning (L-810) lights should be installed on diagonally or diametrically opposite positions. (b) Structures Exceeding 350 Feet (107m) AGL. Install steady burning (L-810) lights on each outside corner of each level. 2. Flashing Beacons (L-864). (a) Structures 350 Feet (107m) AGL or Less. These structures do not require flashing (L-864) beacons at intermediate levels. (b) Structure Exceeding 350 Feet (107m) AGL. At intermediate levels, two beacons (L-864) should be mounted outside at diagonally opposite positions of intermediate levels. 54. CHIMNEYS, FLARE STACKS, AND SIMILAR SOLID STRUCTURES a. Number of Light Units. 1. The number of units recommended depends on the diameter of the structure at the top. The number of lights recommended below are the minimum. 2. When the structure diameter is: (a) 20 Feet (6m) or Less. Three light units per level. (b) Exceeding 20 Feet (6m) But Not More Than 100 Feet (31m). Four light units per level. (c) Exceeding 100 Feet (31m) But Not More Than 200 Feet (61m). Six light units per level. (d) Exceeding 200 Feet (61m). Eight light units per level. b. Top Mounted Obstruction Lights. 1. Structures 150 Feet (46m) AGL or Less. L-810 lights should be installed horizontally at regular intervals at or near the top. 2. Structures Exceeding 150 Feet (46m) AGL. At least three L-864 beacons should be installed. 3. Chimneys, Cooling Towers, and Flare Stacks. Lights may be displayed as low as 20 feet (6m) below the top to avoid the obscuring effect of deposits and heat generally emitted by this type of structure. It is important that these lights be readily accessible for cleaning and lamp replacement. It is understood that with flare stacks, as well as any other structures associated with the petrol -chemical industry, normal lighting requirements may not be necessary. This could be due to the location of the flare stack/structure within a large well -lighted petrol -chemical plant or the fact that the flare, or working lights surrounding the flare stack/structure, is as conspicuous as obstruction lights. c. Mounting Intermediate Levels. The number of light levels is determined by the height of the structure including all appurtenances. For cooling towers 600 feet (183m) or less, intermediate light levels are not necessary. Structures exceeding 600 feet (183m) AGL should have a second level of light units installed approximately at the midpoint of the structure and in a vertical line with the top level of lights. 1. Steady Burning (L-810) Lights. The recommended number of light levels may be obtained from Appendix 1. At least three lights should be installed on each level. 2. Flashing (L-864) Beacons. The recommended number of beacon levels may be obtained from Appendix 1. At least three lights should be installed on each level. (a) Structures 350 Feet (107m) AGL or Less. These structures do not need intermediate levels of flashing beacons. (b) Structures Exceeding 350 Feet (107m) AGL. At least three flashing (L-864) beacons should be installed on each level in a manner to allow an unobstructed view of at least one beacon. 55. WIND TURBINE STRUCTURES Wind turbine structures should be lighted by mounting two flashing red beacons (L-864) on top of the generator housing. Both beacons should flash simultaneously. Lighting fixtures are to be mounted at a horizontal separation to ensure an unobstructed view of at least one fixture by a pilot approaching from any direction. 56. GROUP OF OBSTRUCTIONS When individual objects, except wind turbines, within a group of obstructions are not the same height and are spaced a maximum of 150 feet (46m) apart, the prominent objects within the group should be lighted in accordance with the standards for individual obstructions of a corresponding height. If the outer structure is shorter than the prominent, the outer structure should be lighted in accordance with the standards for individual obstructions of a 14 Chap 5 311100 AC 7011460-1K corresponding height. Light units should be placed to ensure that the light is visible to a pilot approaching from any direction. In addition, at least one flashing beacon should be installed at the top of a prominent center obstruction or on a special tower located near the center of the group. 57. ALTERNATE METHOD OF DISPLAYING OBSTRUCTION LIGHTS When recommended in an FAA aeronautical study, lights may be placed on poles equal to the height of the obstruction and installed on or adjacent to the structure instead of installing lights on the obstruction. 58. PROMINENT BUILDINGS, BRIDGES, AND. SIMILAR EXTENSIVE OBSTRUCTIONS When objects within a group of obstructions are approximately the same overall height above the surface and are located a maximum of 150 feet (46m) apart, the group of obstructions may be considered an extensive obstruction. Install light units on the same horizontal plane at the highest portion or edge of prominent obstructions. Light units should be placed to ensure that the light is visible to a pilot approaching from any direction. If the structure is a bridge and is over navigable water, the sponsor must obtain prior approval of the lighting installation from the Commander of the District Office of the United States Coast Guard to avoid interference with marine navigation. Steady burning lights should be displayed to indicate the extent of the obstruction as follows: a. Structures 150 Feet (46m) or Less in Any Horizontal Direction. If the structure/bridgelextensive obstruction is 150 feet (46m) or less horizontally, at least one steady burning light (L-810) should be displayed on the highest point at each end of the major axis of the obstruction. If this is impractical because of the overall shape, display a double obstruction light in the center of the highest point. b. Structures Exceeding 150 Feet (46m) in at Least One Horizontal Direction. If the structuretbridge/ extensive obstruction exceeds 150 feet (46m) horizontally, display at least one steady burning light for each 150 feet (46m), or fraction thereof, of the overall length of the major axis. At least one of these lights should be displayed on the highest point at each end of the obstruction. Additional lights should be displayed at approximately equal intervals not to exceed 150 feet (46m) on the highest points along the edge between the end lights. If an obstruction is located near a landing area and two or more edges are the same height, the edge nearest the landing area should be lighted. c. Structures Exceeding ISO Feet (46m) AGL. Steady burning red obstruction lights should be installed on the highest point at each end. At intermediate levels, steady burning red lights should be displayed for each 150 feet (46m) or fraction thereof. The vertical position of these lights should be equidistant between the top lights and the ground level as the shape and type of obstruction will permit. One such light should be displayed at each outside corner on each level with the remaining lights evenly spaced between the corner lights. d. Exceptions. Flashing red beacons (L-864) may be used instead of steady burning obstruction lights if early or special warning is necessary. These beacons should be displayed on the highest points of an extensive obstruction at intervals not exceeding 3,000 feet (915m). At least three beacons should be displayed on one side of the extensive obstruction to indicate a line of lights. e. Ice Shields. Where icing is likely to occur, metal grates or similar protective ice shields should be installed directly over each light unit to prevent falling ice or accumulations from damaging the light units. The light should be mounted in a manner to ensure an unobstructed view of at least one light by a pilot approaching from any direction. Chap 5 15 MIN Ac 70n460 -1K CHAPTER 6. MEDIUM INTENSITY FLASHING WHITE OBSTRUCTION LIGHT SYSTEMS 60. PURPOSE Medium intensity flashing white (L-865) obstruction lights may provide conspicuity both day and night. Recommendations on lighting structures can vary depending on terrain features, weather patterns, geographic location, and in the case of wind turbines, number of structures and overall layout of design. 61. STANDARDS The medium intensity flashing white light system is normally composed of flashing omnidirectional lights. Medium intensity flashing white obstruction lights may be used during daytime and twilight with automatically selected reduced intensity for nighttime operation. When this system is used on structures 500 feet (153m) AGL or less in beight, other methods of marking and lighting the structure may be omitted. Aviation orange and white paint is always required for daytime marking on structures exceeding 500 feet (153m) AGL. This system is not normally recommended on structures 200 feet (61m) AGL or less. The use of a 24-hour medium intensity flashing white light system in urban/populated areas in not normally recommended due to their tendency to merge with background lighting in these areas at night. This makes it extremely difficult for some types of aviation operations, i.e., med-evac, and police helicopters to see these structures. The use of this type of system in urban and rural areas often results in complaints. In addition, this system is not recommended on structures within 3 nautical miles of an airport. 62. RADIO AND TELEVISION TOWERS AND SIMILAR SKELETAL STRUCTURES a. Mounting Lights_ The number of levels recommended depends on the height of the structure, including antennas and similar appurtenances. 1. Top Levels. One or more lights should be installed at the highest point to provide 360 -degree coverage ensuring an unobstructed view. 2. Appurtenances 40 feet (12m) or less. If a rod, antenna, or other appurtenance 40 feet (12m) or less in height is incapable of supporting the medium intensity flashing white light, then it may be placed at the base of the appurtenance. If the mounting location does not allow unobstructed viewing of the medium intensity flashing white light by a pilot, then additional lights should be added. 3. Appurtenances Exceeding 40 feet (12m). If a rod, antenna, or other appurtenance exceeds 40 feet (12m) above the tip of the main structure, a medium intensity flashing white light should be placed within 40 feet (12m) from the top of the appurtenance. If the appurtenance (such as a whip antenna) is incapable of supporting the light, one or more lights should be mounted on a pole adjacent to the appurtenance. Adjacent installations should not exceed the height of the appurtenance and be within 40 feet (12m) of the tip to allow the pilot an unobstructed view of at least one light. b. Intermediate Levels. At intermediate levels, two beacons (L-865) should be mounted outside at diagonally or diametrically opposite positions of intermediate levels. The lowest light level should not be less than 200 feet (61m) AGL. c. Lowest Levels. The lowest level of light units may be installed at a higher elevation than normal on a structure if the surrounding terrain, trees, or adjacent building(s) would obscure the lights. In certain instances, as determined by an FAA aeronautical study, the lowest level of lights may be eliminated. d. Structures 500 Feet (153m) AGL or Less. When white lights are used during nighttime and twilight only, marking is required for daytime. When operated 24 hours a day, other methods of marking and lighting are not required. e. Structures Exceeding 500 Feet (153m) AGL. The lights should be used during nighttime and twilight and may be used 24 hours a day. Marking is always required for daytime. f. Ice Shields. Where icing is likely to occur, metal grates or similar protective ice shields should be installed directly over each light unit to prevent falling ice or accumulations from damaging the light units. The light should be mounted in a manner to ensure an unobstructed view of at least one light by a pilot approaching from any direction. 63. CONTROL DEVICE The light intensity is controlled by a device that changes the intensity when the ambient light changes. The system should automatically change intensity steps when the northern sky illumination in the Northern Hemisphere on a vertical surface is as follows: a. Twilight -to -Night. This should not occur before the illumination drops below five foot-candles (53.8 Chap 6 17 app AC 7On460-1 K lux) but should occur before it drops below two foot- candles (21.5 lux). b. Night -to -Day. The intensity changes listed in subparagraph 63a above should be reversed when changing from the night to day mode. 64. CHIMNEYS, FLARE STACKS, AND SIMILAR SOLID STRUCTURES a. Number of Light Units. The number of units recommended depends on the diameter of the structure at the top. Normally, the top level is on the highest point of a structure. However, the top level of chimney lights may be installed as low as 20 feet (6m) below the top to minimize deposit build-up due to emissions. The number of lights recommended are the minimum. When the structure diameter is: 1. 20 Feet (6m) or Less. Three light units per level. 2. Exceeding 20 Feet (6m) But Not More Than 100 Feet (31 m). Four light units per level. 3. Exceeding 100 Feet (31m) But Not More Than 200 Feet (61m). Six light units per level. 4. Exceeding 200 Feet (61m). Eight light units per level. 65. WIND TURBINE STRUCTURES Wind turbine structures should be lighted by mounting two flashing white beacons (L-865) on top of the generator housing. Both beacons should flash simultaneously. Lighting fixtures are to be mounted at a horizontal separation to ensure an unobstructed view of at least one fixture by a pilot approaching from any direction. Intermediate light levels and other marking may be omitted on these structures. 66. GROUP OF OBSTRUCTIONS When individual objects within a group of obstructions are not the same height and are spaced a maximum of 150 feet (46m) apart, the prominent objects within the group should be lighted in accordance with the standards for individual obstructions of a corresponding height. If the outer structure is shorter than the prominent, the outer structure should be lighted in accordance with the standards for individual obstructions of a corresponding height. Light units should be placed to ensure that the light is visible to a pilot approaching from any direction. In addition, at least one medium intensity flashing white light should be installed at the top of a prominent center obstruction or on a special tower located near the center of the group. 67. SPECIAL CASES Where lighting systems are installed on structures located near highways, waterways, airport approach areas, etc., caution should be exercised to ensure that the lights do not distract or otherwise cause a hazard to motorists, vessel operators, or pilots on an approach to an airport. In these cases, shielding may be necessary. This shielding should not derogate the intended purpose of the lighting system. 68. PROMINENT BUILDINGS AND SIMILAR EXTENSIVE OBSTRUCTIONS When objects within a group of obstructions are approximately the same overall height above the surface and are located a maximum of 150 feet (46m) apart, the group of obstructions may be considered an extensive obstruction. Install light units on the same horizontal plane at the highest portion or edge of prominent obstructions. Light units should be placed to ensure that the light is visible to a pilot approaching from any direction. Lights should be displayed to indicate the extent of the obstruction as follows: a. Structures ISO Feet (46m) or Less in Any Horizontal Direction. If the structure✓extensive obstruction is 150 feet (46m) or less horizontally, at least one light should be displayed on the highest point at each end of the major axis of the obstruction. If this is impractical because of the overall shape, display a double obstruction light in the center of the highest point. b. Structures Exceeding 150 Feet (46m) in at Least One Horizontal Direction. If the structure/extensive obstruction exceeds 150 feet (46m) horizontally, display at least one light for each 150 feet (46m) or fraction thereof, of the overall length of the major axis. At least one of these lights should be displayed on the highest point at each end of the obstruction. Additional lights should be displayed at approximately equal intervals not to exceed 150 feet (46m) on the highest points along the edge between the end lights. If an obstruction is located near a landing area and two or more edges are the same height, the edge nearest the landing area should be lighted. 18 Chap 6 3/1/00 AC 70x1460 -IK C. Structures Exceeding 150 Feet (46m) AGL, Lights should be installed on the highest point at each end. At intermediate levels, lights should be displayed for each 150 feet (46m), or fraction thereof. The vertical position of these lights should be equidistant between the top lights and the ground level as the shape and type of obstruction will permit. One such light should be displayed at each outside corner on each level with the remaining lights evenly spaced between the corner lights. Chap 6 19 3/1/00 AC 70/7460-I1K CHAPTER 7. HIGH INTENSITY FLASHING WHITE OBSTRUCTION LIGHT SYSTEMS 70. PURPOSE Lighting with high intensity (L-856) flashing white obstruction lights provides the highest degree of conspicuity both day and night. Recommendations on lighting structures can vary depending on terrain features, weather patterns, geographic location, and in the case of wind turbines, number of structures and overall layout of design. 71. STANDARDS Use high intensity flashing white obstruction lights during daytime with automatically selected reduced intensities for twilight and nighttime operations. When high intensity white lights are operated 24 hours a day, other methods of marking and lighting may be omitted. This system should not be recommended on structures 500 feet (153m) AGL or less unless an FAA aeronautical study shows otherwise. 72. CONTROL DEVICE Light intensity is controlled by a device that changes the intensity when the ambient light changes. The use of a 24-hour high intensity flashing white light system in urban/populated areas is not normally recommended due to their tendency to merge with background lighting in these areas at night. This makes it extremely difficult for some types of aviation operations, i.e., med-evac, and police helicopters to see these structures. The use of this type of system in urban and rural areas often results in complaints. The system should automatically change intensity steps when the northern sky illumination in the Northern Hemisphere on a vertical surface is as follows: a. Day -to -Twilight. This should not occur before the illumination drops to 60 foot-candles (645.8 lux), but should occur before it drops below 35 foot-candles (376.7 lux). The illuminance -sensing device should, if practical, face the northern sky in the Northern Hemisphere. b. Twilight -to -Night. This should not occur before the illumination drops below five foot-candles (53.8 lux), but should occur before it drops below two foot- candles (21.5 lux). c. Night -to -Day. The intensity changes listed in subparagraph 72 a and b above should be reversed when changing from the night to day mode. 73. UNITS PER LEVEL One or more light units is needed to obtain the desired horizontal coverage. The number of light units recommended per level (except for the supporting structures of catenary wires and buildings) depends upon the average outside diameter of the specific structure, and the horizontal beam width of the light fixture. The light units should be installed in a manner to ensure an unobstructed view of the system by a pilot approaching from any direction. The number of lights recommended are the minimum. When the structure diameter is: a. 20 Feet (6m) or Less. Three light units per level. b. Exceeding 20 Feet (6m) But Not More Than 100 Feet (31m). Four light units per level. c. Exceeding 100 Feet (31m). Six light units per level. 74. INSTALLATION GUIDANCE Manufacturing specifications provide for the effective peak intensity of the light beam to be adjustable from zero to 8 degrees above the horizon. Normal installation should place the top light at zero degrees to the horizontal and all other light units installed in accordance with Table 2: Light Unit Elevation Above the Horizontal Height of Light Unit Above Terrain Degrees of Elevation Above the Horizontal Exceeding 500 feet AGL 0 401 feet to 500 feet AGL 1 301 feet to 400 feet AGL 2 300 feet AGL or less 3 TBL 2 a. Vertical Aiming. Where terrain, nearby residential areas, or other situations dictate, the light beam may be further elevated above the horizontal. The main beam of light at the lowest level should not strike the ground closer than 3 statute miles (5km) from the structure. If additional adjustments are necessary, the lights may be individually adjusted upward, in 1 -degree increments, starting at the bottom Excessive elevation may reduce its conspicuity by raising the beam above a collision course flight path. b. Special Cases. Where lighting systems are installed on structures located near highways, waterways, airport approach areas, etc., caution should be exercised to ensure that the lights do not distract or otherwise cause a hazard to motorists, vessel operators, Chap 7 21 3/1M Ac 7017460-1K or pilots on an approach to an airport. In these cases, shielding or an adjustment to the vertical or horizontal light aiming may be necessary. This adjustment should not derogate the intended purpose of the lighting system. Such adjustments may require review action as described in Chapter 1, paragraph 5. c. Relocation or Omission of Light Units. Light units should not be installed in such a manner that the light pattern/output is disrupted by the structure. 1. Lowest Level. The lowest level of light units may be installed at a higher elevation than normal on a structure if the surrounding terrain, trees, or adjacent building(s) would obscure the lights. In certain instances, as determined by an FAA aeronautical study, the lowest level of lights may be eliminated. 2. Two Adjacent Structures. Where two structures are situated within 500 feet (153m) of each other and the light units are installed at the same levels, the sides of the structures facing each other need not be lighted. However, all lights on both structures must flash simultaneously, except for adjacent catenary support structures. Adjust vertical placement of the lights to either or both structures' intermediate levels to place the lights on the same horizontal plane. Where one structure is higher than the other, complete level(s) of lights should be installed on that part of the higher structure that extends above the top of the lower structure. If the structures are of such heights that the levels of lights cannot be placed in identical horizontal planes, then the light units should be placed such that the center of the horizontal beam patterns do not face toward the adjacent structure. For example, structures situated north and south of each other should have the light units on both structures installed on a northwest/southeast and northeast/southwest orientation. 3. Three or More Adjacent Structures. The treatment of a cluster of structures as an individual or a complex of structures will be determined by the FAA as the result of an aeronautical study, taking into consideration the location, heights, and spacing with other structures. 75. ANTENNA OR SIMILAR APPURTENANCE LIGHT When a structure lighted by a high intensity flashing light system is topped with an antenna or similar appurtenance exceeding 40 feet (12m) in height, a medium intensity flashing white light (L-865) should be placed within 40 feet (12m) from the tip of the appurtenance. This light should operate 24 hours a day and flash simultaneously with the rest of the lighting system. 76. CHIMNEYS, FLARE STACKS, AND SIMILAR SOLID STRUCTURES The number of light levels depends on the height of the structure excluding appurtenances. Three or more lights should be installed on each level in such a manner to ensure an unobstructed view by the pilot. Normally, the top level is on the highest point of a structure. However, the top level of chimney lights may be installed as low as 20 feet (6m) below the top to minimize deposit build-up due to emissions. 77. RADIO AND TELEVISION TOWERS AND SIMILAR SKELETAL STRUCTURES a. Mounting Lights. The number of levels recommended depends on the height of the structure, excluding antennas and similar appurtenances. At least three lights should be installed on each level and mounted to ensure that the effective intensity of the full horizontal beam coverage is not impaired by the structural members. b. Top Level. One level of lights should be installed at the highest point of the structure. If the highest point is a rod or antenna incapable of supporting a lighting system, then the top level of lights should be installed at the highest portion of the main skeletal structure. When guy wires come together at the top, it may be necessary to install this level of lights as low as 10 feet (3m) below the top. If the rod or antenna exceeds 40 feet (12m) above the main' structure, a medium intensity flashing white light (L-865) should be mounted on the highest point. If the appurtenance (such as a whip antenna) is incapable of supporting a medium intensity light, one or more lights should be installed on a pole adjacent to the appurtenance. Adjacent installation should not exceed the height of the appurtenance and be within 40 feet (12m) of the top to allow an unobstructed view of at least one light. c. Ice Shields. Where icing is likely to occur, metal grates or similar protective ice shields should be installed directly over each light unit to prevent falling ice or accumulations from damaging the light units. 78. HYPERBOLIC COOLING TOWERS Light units should be installed in a manner to ensure an unobstructed view of at least two lights by a pilot approaching from any direction. a. Number of Light Units. The number of units recommended depends on the diameter of the structure 22 Chap 7 3/1/00 AC 78n460-1 K at the top. The number of lights recommended in the following table are the minimum. When the structure diameter is: 1. 20 Feet (6m) or Less. Three light units per level. 2. Exceeding 20 Feet (6m) But Not More Than 100 Feet (31m). Four light units per level. 3. Exceeding 100 Feet (31m) But Not More Than 200 Feet (61m). Six light units per level. 4. Exceeding 200 Feet (61m). Eight light units per level. b. Structures Exceeding 600 Feet (183m) AGL. Structures exceeding 600 feet (183m) AGL should have a second level of light units installed approximately at the midpoint of the structure and in a vertical line with the top level of lights. 79. PROMINENT BUILDINGS AND SIMILAR EXTENSIVE OBSTRUCTIONS When objects within a group of obstructions are approximately the same overall height above the surface and are located not more than 150 feet (46m) apart, the group of obstructions may be considered an extensive obstruction. Install light units on the same horizontal plane at the highest portion or edge of prominent obstructions. Light units should be placed to ensure that the light is visible to a pilot approaching from any direction. These lights may require shielding, such as louvers, to ensure minimum adverse impact on local communities. Extreme caution in the use of high intensity flashing white lights should be exercised. a. If the Obstruction is 200 feet (61m) or Less in Either Horizontal Dimension, install three or more light units at the highest portion of the structure in a manner to ensure that at least one light is visible to a pilot approaching from any direction. Units may be mounted on a single pedestal at or near the center of the obstruction. If light units are placed more than 10 feet (3m) from the center point of the structure, use a minimum of four units. b. If the Obstruction Exceeds 200 Feet (61m) in One Horizontal Dimension, but is 200 feet (61m) or less in the other, two light units should be placed on each of the shorter sides. These light units may either be installed adjacent to each other at the midpoint of the edge of the obstruction or at (near) each comer with the light unit aimed to provide 180 degrees of coverage at each edge. One or more light units should be installed along the overall length of the major axis. These lights should be installed at approximately equal intervals not to exceed a distance of 100 feet (31m) from the corners or from each other. c. If the Obstruction Exceeds 200 Feet (61m) in Both Horizontal Dimensions, light units should be equally spaced along the overall perimeter of the obstruction at intervals of 100 feet (31m) or fraction thereof. Chap 7 23 3!1/00 AC 7017460-1K CHAPTER 8. DUAL LIGHTING WITH RED/MEDIUM INTENSITY FLASHING WHITE SYSTEMS 80. PURPOSE This dual lighting system includes red lights (L-864) for nighttime and medium intensity flashing white lights (L-865) for daytime and twilight use. This lighting system may be used in lieu of operating a medium intensity flashing white lighting system at night. There may be some populated areas where the use of medium intensity at night may cause significant environmental concerns. The use of the dual lighting system should reduce/mitigate those concerns. Recommendations on lighting structures can vary depending on terrain features, weather patterns, geographic location, and in the case of wind turbines, number of structures and overall layout of design. 81. INSTALLATION The light units should be installed as specified in the appropriate portions of Chapters 4, 5, and 6. The number of light levels needed may be obtained from Appendix 1. 82. OPERATION Lighting systems should be operated as specified in Chapter 3. Both systems should not be operated at the same time; however, there should be no more than a 2 - second delay when changing from one system to the other. Outage of one of two lamps in the uppermost red beacon (L-864 incandescent unit) or outage of any uppermost red light shall cause the white obstruction light system to operate in its specified "night" step intensity. 83. CONTROL DEVICE The light system is controlled by a device that changes the system when the ambient light changes. The system should automatically change steps when the northern sky illumination in the Northern Hemisphere on a vertical surface is as follows: a. Twilight -to -Night. This should not occur before the illumination drops below 5 foot-candles (53.8 lux) but should occur before it drops below 2 foot-candles (21.5 lux). b. Night -to -Day. The intensity changes listed in subparagraph 83 a above should be reversed when changing from the night to day mode. 84. ANTENNA OR SIMILAR APPURTENANCE LIGHT When a structure utilizing this dual lighting system is topped with an antenna or similar appurtenance exceeding 40 feet (12m) in height, a medium intensity flashing white (L-865) and a red flashing beacon (L- 864) should be placed within 40 feet (12m) from the tip of the appurtenance. The white light should operate during daytime and twilight and the red light during nighttime. These lights should flash simultaneously with the rest of the lighting system.. 85. WIND TURBINE STRUCTURES Wind turbine structures should be lighted by mounting two flashing dual beacons (L -864/L-865) on top of the generator housing. Both beacons should flash simultaneously. Lighting fixtures are to be mounted at a horizontal separation to ensure an unobstructed view of at least one fixture by a pilot approaching from any direction. Intermediate light levels and other marking may be omitted.on these structures. 86. OMISSION OF MARKING When medium intensity white lights are operated on structures 500 feet (153m) AGL or less during daytime and twilight, other methods of marking may be omitted. Chap 8 25 3/1/00 AC M460 -1K CHAPTER 9. DUAL LIGHTING WITH RED/HIGH INTENSITY FLASHING WHITE SYSTEMS 90. PURPOSE This dual lighting system includes red lights (L-864) for nighttime and high intensity flashing white lights (L-856) for daytime and twilight use. This lighting system may be used in lieu of operating a flashing white lighting system at night. There may be some populated areas where the use of high intensity lights at night may cause significant environmental concerns and complaints. The use of the dual lighting system should reduce/mitigate those concerns. Recommendations on lighting structures can vary depending on terrain features, weather patterns, geographic location, and in the case of wind turbines, number of structures and overall layout of design. 91. INSTALLATION The light units should be installed as specified in the appropriate portions of Chapters 4, 5, and 7. The number of light -levels needed may be obtained from Appendix 1. 92. OPERATION Lighting systems should be operated as specified in Chapters 4, 5, and 7. Both systems should not be operated at the same time; however, there should be no more than a 2 -second delay when changing from one system to the other. Outage of one of two lamps in the uppermost red beacon (L-864 incandescent unit) or outage of any uppermost red light shall cause the white obstruction light system to operate in its specified "night" step intensity. 93. CONTROL DEVICE The light intensity is controlled by a device that changes the intensity when the ambient light changes. The system should automatically change intensity steps when the northern sky illumination in the Northern Hemisphere on a vertical surface is as follows: a. Day -to- Twilight. This should not occur before the illumination drops to 60 foot-candles (645.8 lux) but should occur before it drops below 35 foot-candles (376.7 lux). The illuminance -sensing device should, if practical, face the northern sky in the Northern Hemisphere. b. Twilight -to -Night. This should not occur before the illumination drops below 5 foot-candles (53.8 lux) but should occur before it drops below 2 foot-candles (21.5 lux). c. Night -to -Day. The intensity changes listed in subparagraph 93 a and b above should be reversed when changing from the night to day mode. 94. ANTENNA OR SIMILAR APPURTENANCE LIGHT When a structure utilizing this dual lighting system is topped with an antenna or similar appurtenance exceeding 40 feet (12m) in height, a medium intensity flashing white light (L-865) and a red flashing beacon (L-864) should be placed within 40 feet (12m) from the tip of the appurtenance. The white light should operate during daytime and twilight and the red light during nighttime. 95. OMISSION OF MARKING When high intensity white lights are operated during daytime and twilight, other methods of marking may be omitted. Chap 9 27 3/1/00 AC 70!1460-1K CHAPTER 10. MARKING AND LIGHTING OF CATENARY AND CATENARY SUPPORT STRUCTURES 100. PURPOSE This chapter provides guidelines for marking and lighting catenary and catenary support structures. The recommended marking and lighting of these structures is intended to provide day and night conspicuity and to assist pilots in identifying and avoiding catenary wires and associated support structures. 101. CATENARY MARKING STANDARDS Lighted markers are available for increased night conspicuity of high-voltage (69KV or greater) transmission line catenary wires. These markers should be used on transmission line catenary wires near airports, heliports, across rivers, canyons, lakes, etc. The lighted markers should be manufacturer certified as recognizable from a minimum distance of 4,000 feet (1219m) under nighttime conditions, minimum V FR conditions or having a minimum intensity of at least 32.5 candela. The lighting unit should emit a steady burning red light. They should be used on the highest energized line. If the lighted markers are installed on a line other than the highest catenary, then markers specified in paragraph 34 should be used in addition to the lighted markers. (The maximum distance between the line energizing the lighted markers and the highest catenary above the lighted marker should be no more than 20 feet (6m).) Markers should be distinctively shaped, i.e., spherical, cylindrical, so they are not mistaken for items that are used to convey other information. They should be visible in all directions from which aircraft are likely to approach. The area in the immediate vicinity of the supporting structure's base should be clear of all items and/or objects of natural growth that could interfere with the line -of -sight between a pilot and the structure's lights. Where a catenary wire crossing requires three or more supporting structures, the inner structures should be equipped with enough light units per level to provide a full coverage. a. Size and Color. The diameter of the markers used on extensive catenary wires across canyons, lakes, rivers, etc., should be not less than 36 inches (91 cm). Smaller 20 -inch (51 cm) markers are permitted on less extensive power lines or on power lines below 50 feet (15m) above the ground and within 1,500 feet (458m) of an airport runway end. Each marker should be a solid color such as aviation orange, white, or yellow. b. Installation. 1. Spacing. Lighted markers should be spaced equally along the wire at intervals of approximately 200 feet (61 m) or a fraction thereof. Intervals between markers should be less in critical areas near runway ends, i.e., 30 to 50 feet (10m to 15m). If the markers are installed on a line other than the highest catenary, then markers specified in paragraph 34 should be used in addition to the lighted markers. The maximum distance between the line energizing the lighted markers and the highest catenary above the markers can be no more than 20 feet (6m). The lighted markers may be installed alternately along each wire if the distance between adjacent markers meets the spacing standard. This method allows the weight and wind loading factors to be distributed. 2. Pattern. An alternating color scheme provides the most conspicuity against all backgrounds. Mark overhead wires by alternating solid colored markers of aviation orange, white, and yellow. Normally, an orange marker is placed at each end of a line and the spacing is adjusted (not to exceed 200 feet (61m)) to accommodate the rest of the markers. When less than four markers are used, they should all be aviation orange. 102. CATENARY LIGHTING STANDARDS When using medium intensity flashing white (L-866), high intensity flashing white (L-857), dual medium intensity (L -866/L-885) or dual high intensity (L- 857/885) lighting systems, operated 24 hours a day, other marking of the support structure is not necessary. a. Levels. A system of three levels of sequentially flashing light units should be installed on each supporting structure or adjacent terrain. Install one level at the top of the structure, one at the height of the lowest point in the catenary and one level approximately midway between the other two light levels. The middle level should normally be at least 50 feet (15m) from the other two levels. The middle light unit may be deleted when the distance between the top and the bottom light levels is less than 100 feet (30m). 1. Top Levels. One or more lights should be installed at the top of the structure to provide 360 - degree coverage ensuring an unobstructed view. If the installation presents a potential danger to maintenance personnel, or when necessary for lightning protection, the top level of lights may be mounted as low as 20 feet (6m) below the highest point of the structure. 2. Horizontal Coverage. The light units at the middle level and bottom level should be installed so as to provide a minimum of 180 -degree coverage centered perpendicular to the flyway. Where a Chap 10 29 3/1M AC 70n460 -1K catenary crossing is situated near a bend in a river, canyon, etc., or is not perpendicular to the flyway, the horizontal beam should be directed to provide the most effective light coverage to warn pilots approaching from either direction of the catenary wires. 3. Variation. The vertical and horizontal arrangements of the lights may be subject to the structural limits of the towers and/or adjacent terrain. A tolerance of 20 percent from uniform spacing of the bottom and middle light is allowed. If the base of the supporting structure(s) is higher than the lowest point in the catenary, such as a canyon crossing, one or more lights should be installed on the adjacent terrain at the level of the lowest point in the span. These lights should be installed on the structure or terrain at the height of the lowest point in the catenary. b. Flash Sequence. The flash sequence should be middle, top, and bottom with all lights on the same level flashing simultaneously. The time delay between flashes of levels is designed to present a unique system display. The time delay between the start of each level of flash duration is outlined in FAA AC 150/5345-43, Specification for Obstruction Lighting Equipment. c. Synchronization. Although desirable, the corresponding light levels on associated supporting towers of a catenary crossing need not flash simultaneously. d. Structures 500 feet (153m) AGL or Less. When medium intensity white lights (L-866) are operated 24 hours a day, or when a dual red/medium intensity system (L-866 daytime & twilight/L-885 nighttime) is used, marking can be omitted. When using a medium intensity while light (L-866) or a flashing red light (L- 885) during twilight or nighttime only, painting should be used for daytime marking. e. Structures Exceeding 500 Feet (153m) AGL. When high intensity white lights (L-857) are operated 24 hours a day, or when a dual red/high intensity system (L-857 ,daytime and twilight/L-885 nighttime) is used, marking can be omitted. This system should not be recommended on structures 500 feet (153m) or less unless an FAA aeronautical study shows otherwise. When a flashing red obstruction light (L- 885), a medium intensity (L-866) flashing white lighting system or a high intensity white lighting system (L-857) is used for nighttime and twilight only, painting should be used for daytime marking. 103. CONTROL DEVICE The light intensity is controlled by a device (photocell) that changes the intensity when the ambient light changes. The lighting system should automatically change intensity steps when the northern sky illumination in the Northern Hemisphere on a vertical surface is as follows: a. Day -to -Twilight (L-857System). This should not occur before the illumination drops to 60 foot-candles (645.8 lux), but should occur before it drops below 35 foot-candles (376.7 lux). The illuminant -sensing device should, if practical, face the northern sky in the Northern Hemisphere. b. Twilight -to Night (L-857 System). This should not occur before the illumination drops below 5 foot- candles (53.8 lux), but should occur before it drops below 2 foot-candles (21.5 lux). c. Night -to -Day. The intensity changes listed in subparagraph 103 a. and b. above should be reversed when changing from the night to day mode. d. Day -to -Night (L-866 or L-88S/L-866). This should not occur before the illumination drops below 5 foot-candles (563.8 lux) but should occur before it drops below 2 foot-candles (21.5 lux). e. Night -to -Day. The intensity changes listed in subparagraph d. above should be reversed when changing from the night to day mode. L Red Obstruction (L-885). The red lights should not turn on until the illumination drops below 60 foot- candles (645.8 lux) but should occur before reaching a level of 35 foot-candles (367.7 lux). Lights should not turn off before the illuminance rises above 35 foot- candles (367.7 lux), but should occur before reaching 60 foot-candles (645.8 lux). 104. AREA SURROUNDING CATENARY SUPPORT STRUCTURES The area in the immediate vicinity of the supporting structure's base should be clear of all items and/or objects of natural growth that could interfere with the line -of -sight between a pilot and the structure's lights. 105. THREE OR MORE CATENARY SUPPORT STRUCTURES Where a catenary wire crossing requires three or more supporting structures, the inner structures should be equipped with enough light units per level to provide a full 360 -degree coverage. 30 Chap 10 3/1/00 AC 70/7460-1K CHAPTER 11. MARKING AND LIGHTING MOORED BALLOONS AND KITES 110. PURPOSE The purpose of marking and lighting moored balloons, kites, and their cables or mooring lines is to indicate the presence and general definition of these objects to pilots when converging from any normal angle of approach. 111. STANDARDS These marking and lighting standards pertain to all moored balloons and kites that require marking and lighting under 14 CFR, part 101. 112. MARKING Flag markers should be used on mooring lines to warn pilots of their presence during daylight hours. a. Display. Markers should be displayed at no more than 50 -foot (15m) intervals and should be visible for at least 1 statute mile. b. Shape. Markers should be rectangular in shape and not less than 2 feet (0.6m) on a side. Stiffeners should be used in the borders so as to expose a large area, prevent drooping in calm wind, or wrapping around the cable. c. Color Patterns. One of the following color patterns should be used: 1. Solid Color. Aviation orange. 2. Orange and While. Two triangular sections, one of aviation orange and the other white, combined to form a rectangle. 113. PURPOSE Flashing obstruction lights should be used on moored balloons or kites and their mooring lines to warn pilots of their presence during the hours between sunset and sunrise and during periods of reduced visibility. These lights may be operated 24 hours a day. a. Systems. Flashing red (L-864) or white beacons (L-865) may be used to light moored balloons or kites. High intensity lights (L-856) are not recommended. b. Display. Flashing lights should be displayed on the top, nose section, tail section, and on the tether cable approximately 15 feet (4.6m) below the craft so as to define the extremes of size and shape. Additional lights should be equally spaced along the cable's overall length for each 350 feet (107m) or fraction thereof. c. Exceptions. When the requirements of this paragraph cannot be met, floodlighting may be used. 114. OPERATIONAL CHARACTERISTICS The light intensity is controlled'by a device that changes the intensity when the ambient light changes. The system should automatically turn the lights on and change intensities as ambient light condition change. The reverse order should apply in changing from nighttime to daytime operation. The lights should flash simultaneously. Chap 11 31 3/1/00 AC M460-/1( CHAPTER 12. MARKING AND LIGHTING EQUIPMENT AND INFORMATION 120. PURPOSE This chapter lists documents relating to obstruction marking and lighting systems and where they may be obtained. 121. PAINT STANDARD Paint and aviation colors/gloss, referred to in this publication should conform to Federal Standard FED -STD -595. Approved colors shall be formulated without the use of Lead, Zinc Chromate or other heavy metals to match International Orange, White and Yellow. All coatings shall be manufactured and labeled to meet Federal Environmental Protection Act Volatile Organic Compound(s) guidelines, including the National Volatile Organic Compound Emission Standards for architectural coatings. a. Exterior Acrylic Waterborne Paint. Coating should be a ready mixed, 100% acrylic, exterior latex formulated for application directly to . galvanized surfaces. Ferrous iron and steel or non -galvanized surfaces shall be primed with a manufacturer recommended primer compatible with the finish coat. b. Exterior Solventborne Alkyd Based Paint. Coating should be ready mixed, alkyd -based, exterior enamel for application directly to non -galvanized surfaces such as ferrous iron and steel. Galvanized surfaces shall be primed with a manufacturer primer compatible with the finish coat. Paint Standards Color Table COLOR NUMBER Orange 12197 White 17875 Yellow 13538 TBL 3 Note - 1. Federal specification TI -P-59, aviation surface paint, ready mixed international orange. 2. Federal specification TI -102, aviation surlace paint, oil titanium zinc. 3. Federal specification TI -102, aviation surface paint, oil, exterior, ready mixed, white and light tints. 122. AVAILABILITY OF SPECIFICATIONS Federal specifications describing the technical characteristics of various paints and their application techniques may be obtained from: GSA- Specification Branch 470 L'Enfant Plaza Suite 8214 Washington, DC 20407 Telephone: (202) 619-8925 123. LIGHTS AND ASSOCIATED EQUIPMENT The lighting equipment referred to in this publication should conform to the latest edition of one of the following specifications, as applicable: a. Obstruction Lighting Equipment. 1. AC 150/5345-43, FAA Specification for Obstruction Lighting Equipment. 2. Military Specifications MIL -L-6273, Light, Navigational, Beacon, Obstacle or Code, Type G-1. 3. Military Specifications MIL -L-7830, Light Assembly, Markers, Aircraft Obstruction. Chap 12 33 3/1/00 AC 70n460 -1K b. Certified Equipment. 1. AC 150/5345-531 Airport Lighting Certification Program, lists the manufacturers that have demonstrated compliance with the specification requirements of AC 150/534543. 2. Other manufacturers' equipment may be used provided that equipment meets the specification requirements of AC 150/534543. c. Airport Lighting Installation and Maintenance. 1. AC 150/5340-21, Airport Miscellaneous Lighting Visual Aids, provides guidance for the installation, maintenance, testing, and inspection of obstruction lighting for airport visual aids such as airport beacons, wind cones, etc. 2. AC 150/5340-26, Maintenance of Airport Visual Aid Facilities, provides guidance on the maintenance of airport visual aid facilities. d. Vehicles 1. AC 150/5210-5, Painting, Marking, and Lighting of Vehicles Used on an Airport, contains provisions for marking vehicles principally used on airports. 2. FAA Facilities. Obstruction marking for FAA facilities shall conform to FAA Drawing Number D- 5480, referenced in FAA Standard FAA -STD -003, Paint Systems for Structures. 124. AVAILABILITY The standards and specifications listed above may be obtained free of charge from the below -indicated office: a. Military Specifications: Standardization Document Order Desk 700 Robbins Avenue Building #4, Section D Philadelphia, PA 19111-5094 b. FAA Specifications: Manager, ASD -110 Department of Transportation Document Control Center Martin Marietta/Air Traffic Systems 475 School St., SW. Washington, DC 20024 Telephone: (202) 646-2047 FAA Contractors Only c. FAA Advisory Circulars: Department of Transportation TASC Subsequent Distribution Office, SVC -121.23 Ardmore East Business Center 3341 Q 75th Avenue Landover, MD 20785 Telephone: (301) 32214961 34 Chap 12 VIM APPENDIX AC 70/7460-1K CHG I APPENDIX 1: Specifications for Obstruction Lighting Equipment Classification Type Description L-810 Steady -burning Red Obstruction Light L-856 High Intensity Flashing White Obstruction Light (40 FPM) L-857 High Intensity Flashing White Obstruction Light (60 FPM) L-864 Flashing Red Obstruction Light (20-40 FPM) L-865 Medium Intensity Flashing White Obstruction Light (40 -FPM) L-866 Medium Intensity Flashing White Obstruction Light (60 -FPM) L -864/L-865 Dual: Flashing Red Obstruction Light (2040 FPM) and Medium Intensity Flashing White Obstruction Light (40 FPM) L-885 I Red Catenary 60 FPM FPM = Flashes Per Minute TBL 4 Appendix 1 AM AC 70/7460 -IK CHG 1 8/1/00 PAINTING AND/OR DUAL LIGHTING OF CHIMNEYS, POLES, TOWERS, AND SIMILAR STRUCTURES QO = L-856 = L-864 w (L -864/L-865) n = L-810 flan 2501L (77m) k Moro than (213m) FIG / Al -2 Appendix I 8/1/00 AC 70!7460-1K CHG 1 LIGHTING FOR TOP OF STRUCTURES Overall AGL heig determining light I —%- i -1L-864 OR L-865 1 OR (L -6641L-865) Top of Structure Obstruction light should be mounted above all appurtenances excluding anythirig less than 7184nch (22cm) diameter. L-864 OR L-865 ® OR (L-864AL-865) Overall AGL heigh determining fight le ^xttnunica4ans ntenna of Arlene port Structure Obstruction lights can be mounded wittun 10' (3m) from the overall height. 10' Max. Intermediate lighting not shown. Overall AGL height if more than 200'(61m), but not more than 500'(163m). Appendix 1 FIG 1 Al -3 AC 70/7460-1K CHG 1 8/1/00 PAINTING AND LIGHTING OF WATER TOWERS, STORAGE TANKS, AND SIMILAR STRUCTURES The number of light units recommended depends on the diameter of the A1-4 e than 150ft. n) but not more 125011. (77m) More than 15011. (45m) but not more than 25011. (77m) FIG 3 Appendix 1 8/1/00 AC 70!7460-1K CHG 1 PAINTING AND LIGHTING OF WATER TOWERS ANDE SIMILAR STRUCTURES The number of units recc depends diameter structure = L-864 i = L-810 180 ft. not more (77m) FIG I Appendix 1 Al -5 AC 70/7460-iK CHG 1 8/1/00 PAINTING OF SINGLE PEDESTAL WATER TOWER BY TEARDROP PATTERN FIG S AI -6 Appendix 1 8/1/00 AC 70/7460-1K CHG I LIGHTING ADJACENT STRUCTURES Inboard lights recommended on all levels above height of shorter structure Minor adjustrnents in vertical placement may be made to place lights on same horizontal plane. Lights on both structures be synchronized FIG 6 Appendix 1 Ai -7 AC 70/746(I -1K CHG l 8I Lighting Adjacent Structure 0 - L-858 Lowest level should be above adjacent structure Q= L -W 500- {a' reaa Tap 1-4 - Diepay 81 units Lower Wvets may / Oe oma0e0 One structure higher than the adjacent structure and light levels are on same horimntal plane. Lights on both structures to be synchronized. 8/1/00 � L-038 Sar nsam) ''lase 54m) 245' (75m) 3' 230'AGL mm) One structure higher than the adjacent structure and fight levels are on same horizontal plane. FIG 7 Al -8 Appendix 1 8/1/00 Lighting Adjacent Structure a-� Lb a-20' (6m) or less b -Exceeding 20'(6m) but not more than 100' (31 m) Appendix 1 co T Co 250' AG L (77m) Cr) T AC 70n460 -1K CHG I 800' AGL (244m) FIG 8 Al -9 AC 70/74604K CHG 1 8/1/00 a4 HYPERBOLIC COOLING TOWER The number at light units FIG 9 Al -10 Appendix 1 S/1/00 BRIDGE LIGHTING AC 70/74604K CHG 1 L4164 OR L -US OR FIG 10 Appendix 1 Al -11 AC 7017460-1K CHG 1 811/00 TYPICAL LIGHTING OF A STAND ALONE WIND TURBINE Front View Side View FIG 11 Al -12 Appendix 1 s11ro0 WIND TURBINE GENERATOR AC 70n460 -IK CHG 1 FIG 12 Appendix 1 Al -13 AC 70/7460-1K CHG 1 8/1/00 RED OBSTRUCTION LIGHTING STANDARDS (FAA Style A) Day Protection — Aviation Orange/White Paint Night Protection — 2,ODOcd Red Beacon and sidelights 1751'-2200' (633m-671 m) 1401'-1750' (427--533m) 1051'-1400' (320m -427m) 701'-1050' (213m -320m) 1/2 out rot awar 351'-700' than 20D tat tete) (108m -213m) ib!, 1350, -A— (48m -107107m) a'-150' (0—+am) i AO Al A2 A3 A4 A5 A6 L-864 Flashing Beacon — L-810 Obstruction Light FIG 13 Al -14 Appendix I 8/1/00 AC 70/7460-1K CHG I MEDIUM INTENSITY WHITE OBSTRUCTION LIGHTING STANDARDS (FAA Style D) Day/Twilight Protection = 20,000W White Strobe Night Protection — 2,000cd White Strobe Pdnarq or ko Y Wb* not rogdred. 1/2 but not Iowa 351'-500' than 200 feet (61m) (106m -152m) 7 200'-350' (61 m -106m) D-1 D-2 LAOS n"Knp whu 3bVW FIG /I Appendix 1 AI -15 AC 70/7460-11K CHG 1 8/1/00 HIGH INTENSITY OBSTRUCTION • . (FAA Style ; "3 Protection - 200.000od White Strobe Tw fight Protection - 20.0004;d White Strvbe 2.OQOcd Whit* Strobe 1751'-22 .• L .� • • ►� .� .. 701'-1050* (213m-32 • 501 ,• ►. 0 52m -213m) •. ►. �. B 2 i i i ■ • a FIG 15 Al -16 Appendix 1 8/1/00 AC 70/7460-1K CHG 1 HIGH INTENSITY OBSTRUCTION STANDARDS (FAA Style C) Tlrigpht Protection -120emcd White Strobe Night Protsclion 7.000cd White Strobe 175. 00 .� =_ 2 .' .' • ►: ►: (320m -427m) ►� ►� - IN FR 9 I (213m -320m) ►, �• �• i r i r i i i i i �. �. i i i i i FIG 16 Appendix I Al -17 AC 70/7460-1K CHC 1 MEDIUM INTENSITY DUAL OBSTRUCTION LIGHTING STANDARDS (FAA Style E) Do0wifight Protection — 20.00Dcd White Strobe Night Protection - 2.00Dcd Red Strobe and sidelights Pdf&M of t KW Is VOG* not f"*S i. 351'-500' 1/2 but not lower (107m -152m) than 200 feet (61m 200'-350' (61 m -107m) E-1 E-2 — L --864/L-865 Flashing Dual (White/Red) Strobe — L-810 Obstruction Light 8/1/00 FIG 17 Al -18 Appendix 1 8/1/00 AC 70/7460-1 K CHG 1 DUAL HIGH INTENSITY OBSTRUCTION LIGHTING STANDARDS (FAA Style F) DaY Protection — 200,000od White Strobe Tmrght Protection — 20.000cd White Strobe Night Protection — 2.000cd Red Beacon end sidelights 1751'-2200' (533M -671m) 1401'-1750' (427m -533m) 1051'-1400' (320m -427m) ' 701 —1050 (213m -320m) 501'-700' (152m -213m) F-2 — "10 0b*uova, 130c �eae ►W. x.ob. 7r FIG 18 Appendix 1 Al -19 3/1/00 APPENDIX 2. Miscellaneous 1. RATIONALE FOR OBSTRUCTION LIGHT INTENSITIES. Sections 91.117, 91.119 and 91.155 of the FAR Part 91, General Operating and Flight Rules, prescribe aircraft speed restrictions, minimum safe altitudes, and basic visual flight rules (VFR) weather minimums for AC 70/7460-1K governing the operation of aircraft, including helicopters, within the United States. 2. DISTANCE VERSUS INTENSITIES. TBL 5 depicts the distance the various intensities can be seen under 1 and 3 statute miles meteorological visibilities: Distance/Intensity Table Time Period Meteorological Visibility Statute Miles Distance Statute Miles Intensity Candelas Night 2.9 (4.7km) 1,500 (+1- 259/6) 3 (4.8km) 3.1 (4.9km) 2,000 (+/- 25%) 1.4 (2.2km) 32 Day 1.5 (2.4km) 200,000 1 (1.6km) 1.4 (2.2km) 100,000 1.0 (1.6km) 20,000 (+l- 25%) Day 3.0 (4.8km) 200,000 3 (4.8km) 2.7 (4.3km) 100,000 1.8 (2.9km) 20,000 (+/- 25%) Twilight 1 (1.6km) 1.0 (1.6km) to 1.5 (2.4km) 20,000 (+/_ 25%)? Twilight 3 (4.8km) 1.8 (2.9km) to 4.2 (6.7km) 20,000 (+/- 25%)? Note - L DISTANCE CALCULATED FOR NORTH SKY ILLUMINANCE. 3. CONCLUSION. Pilots of aircraft travelling at 165 knots (190 mph/306kph) or less should be able to see obstruction lights in sufficient time to avoid the structure by at least 2,000 feet (610m) horizontally under all conditions of operation, provided the pilot is operating in accordance with FAR Part 91. Pilots operating between 165 knots (190 mph/303 km/h) and 250 knots (288 mph/463 kph) should be able to see the obstruction lights unless the weather deteriorates to 3 statute miles (4.8 kilometers) visibility at night, during which time period 2,000 candelas would be required to see the lights at 1.2 statute miles (1.9km). A higher intensity, with 3 statute miles (4.8 kilometers) visibility at night, could generate a residential annoyance factor. In addition, aircraft in these speed ranges can normally be expected to operate under instrument flight rules (IFR) at night when the visibility is 1 statute mile (1.6 kilometers). TBL S 4. DEFINITIONS. a. Flight Visibility. The average forward horizontal distance, from the cockpit of an aircraft in flight, at which prominent unlighted objects may be seen and identified by day and prominent lighted objects may be seen and identified by night. Reference - AIRMAN'S INFORMATION MANUAL PILOT/CONTROLLER GLOSSARY. b. Meteorological Visibility. A term that denotes the greatest distance, expressed in statute miles, that selected objects (visibility markers) or lights of moderate intensity (25 candelas) can be seen and identified under specified conditions of observation. Appendix 2 A2-1 AC 70/7460-1K 5. LIGHTING SYSTEM CONFIGURATION. a. Configuration A. Red lighting system. b. Configuration B. High Intensity White Obstruction Lights (including appurtenance lighting). c. Configuration C. Dual Lighting System - High Intensity White & Red (including appurtenance lighting). 3/1/00 d. Configuration D. Medium Intensity White Lights (including appurtenance lighting). e. Configuration E. Dual Lighting Systems - Medium Intensity White & Red (including appurtenance lighting). Example - "CONFIGURATION B 3 - DENOTES A HIGH INTENSITY LIGHTING SYSTEM WITH THREE LEVELS OF LIGHT. A2-2 Appendix 2 20 to/oidol 4:33 FAX 781 932 977: ln/ x/tt�t� 13:15 ?81431871 b' A'Iactronic 192 Worcester Street; Wellesley. MA Tel: 781-239-0000 Fax: 781-431-871 Dare: October 1, 1001 To: Mr. Andrey Tsikanovsky Bay State Design Associates, 70 Tower Office Park Woburn. MA 01801 Far: 781-931-9771 From: Bob Alach Sub: Noise report for Sprint ,Site BS: Dear Mr. Tsikanovsky, BAY STATE DESIGN 7e_ ALACTRNICS SHOP- - Stevens Estate. 2002 PAGE 01 FAX Hcre are the results of my noiE e impact study for the Sprint BS54XC860A - Stevens Estate site to be located in North AndoN", Massachusetts. I acquired good field data at approximatcly 10:30PM on September 28, 2 1 at the proposed site. The lowest ambient noise levels were measured at 50 dBA. Signifit noise events occurring during the measuTemeat period were from passing vehicles at 59 dBA an occasional airplanes at 63 dBA- The most significant noise s uree from the Sprint / ATT equipment will be from an air conditioning system, most 1' ely two Mar -"air 3.5 ton mounted to the exterior walls of the equipment shelters. These unils are similar, but smaller in size than most residential central air conditioner units. The noise ge acrated by these unit is broadband in nature with no distinguishing tonality. Using the noise data available 'ram the manufacturer and calculating for distance loss, the noise level from these traits when Combined at the security barrier (proposed wood fence), will be approximatoly 60 dbA or abou .10 dBA above the level allowed by the DEP Section 8.9(4)(e). A waiver from this requiremmit i indicated as the noise levels drop to approximately 34 dBA at the nearest building, (approximate y 330 feet away), or 16 dBA below the lawe3t measured ambient noise conditions- At the ne st property line. the lcvels will be even lower. Under these conditions, the additional noise created will not be audible and will be below the limits as defined in the DEP Section 8.9(4)(e). Please feel free to call if you h3ve any questions, or if I can be of further assistance. Sincerely, Bob Alach 10/01/01 MON 14:25 [TX/RX NO 8803] l&01 21 W Town of North Andover Office of the Planning Department Community Development and Services Division 27 Charles Street North Andover, Massachusetts 01845 Any appeal shall be filed Within (20) days after the Date of filing this Notice In the Office of the Town Clerk Notice Of Decision f ,40RTN 7 .fir �' r •, O0� CHUS t� Telephone (978) 688-9535 Fax(978)688-9542 N O 0 a 0 .0 N O Date: November 14, 2001 `n Date of Hearing: September 18, 2001, October 2, 2001 & November 13, 2001 a� o =�rnrn � 00 >��m omorrn �;:0_C3 R rn Petition of: AT&T Wireless PCS LLC by and through its Manager AT&T Wireless Services, Inc. d/b/a AT&T Wireless and Sprint Spectrum L.P. d/b/a Sprint PCS Premises Affected: Stevens Estate 723 Osgood Street Referring to the above petition for a Special Permit with Site Plan Approval. The application was noticed and reviewed in accordance with Sections 8.9, 8.9,10.3 and 10.3.1 of the North Andover Zoning Bylaw and M.G.L. c.4.0A, sec. 9. So as to allow: to construct, operate and co -locate on a 100' tall two -carrier wireless telecommunications service facility in the Residential 1 Zoning District After a public hearing given on the above date, the Planning Board voted to APPROVE, the Special Permit with Site Plan Approval, based upon the following conditions: Signed: All. f, .Axw AD Jo Si ns, Chairman Cc: Applicant erto Angles, Vice Chairman Engineer Richard Nardella, Clerk Abutters Richard Rowen DPW Felipe Schwarz, Associate Member Building Department Conservation Department Health Department 22 ZBA 2 LSCEU V��//�� LS D NOV 16 2001 BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688- 0 1.ANNTN(: �uu_o�zt r TOWN OF NORTH ANDOVER PLANNING BOARD DECISION WIRELESS SERVICE FACILITIES Carriers: (1) AT&T Wireless PCS LLC by and through its Manager AT&T Wireless Services, Inc. d/b/a AT&T Wireless, and; (2) Sprint Spectrum L.P. d/b/a Sprint PCS. Property Owner: Town of North Andover Site: Stevens Estate, 723 Osgood Street, North Andover Map/Lot: Map 35, Lot 23 Relief Granted: Special Permits with Site Plan Approvals for Wireless Service Facilities (ZBL H 8.3, 8.9 and 10.3) and Waivers from certain Zoning Bylaw requirements, as set forth herein The Planning Board herein grants Special Permits with Site Plan Approvals to construct, operate and co -locate on a 100' tall two -carrier wireless telecommunications service facility[ in the Residential 1 Zoning District to AT&T Wireless PCS LLC by and through its agent AT&T Wireless Services, Inc. ("AT&T Wireless") and to Sprint Spectrum L.P. d/b/a Sprint PCS ("Sprint"). This application and additional documentation as cited herein was filed with the Planning Board on August 8, 2001, with subsequent submissions on file. The Planning Board makes the following findings as required by the North Andover Zoning Bylaw Section 8.9: FINDINGS OF FACT: The specific site is an appropriate location for the project as the site is extremely large (153 acres), topographically higher than the surrounding area, and contains extensive forested land within which the proposed flagpole -style facility will blend for an aesthetic and understated wireless communication installation. The site was approved by Town Meeting and by the Town's Invitation for Bids for the proposed use. The 100' height represents the height of the proposed monopole, exclusive of any necessary lightning rod and exclusive of any light that may be required by the Federal Aviation Administration. The carriers had, in the alternative, applied for two separate 90' installations at the site; however, at the public hearing and in its deliberations, the Planning Board has expressed a distinct preference for a single l00' monopole as compared to two separate 90' monopoles at the site. Accordingly, this Decision approves the 100' alternative at this time, without prejudice to the carriers right to reapply for two separate 90' monopoles in the event that a height variance is denied for the 100' monopole. 2. The use as developed will not adversely affect the neighborhood as indicated by the submittals and reports referenced at the end of this decision in Condition #11. 3. The use will not result in any nuisance or serious hazard to vehicles or pedestrians. 4. The carriers have demonstrated that the facility is necessary for each to provide adequate service to the public as indicated by the submittals and reports referenced at the end of this decision in Condition #11. 5. The plans meet the requirements of the Wireless Service Facilities By-law Section 8.9, with the exception of the waivers granted hereby and listed in Condition #10. 6. Adequate and appropriate facilities will be provided for the proper operation of the proposed use. The proposed 100' flagpole -style monopole, antennas cables, equipment shelter and equipment area are described in detail on the plans and reports referenced herein. Each carrier's proposed equipment shelter will be an unoccupied, unmanned, specialized area for the wireless communications equipment. 7. The Board finds that, because this particular flagpole -style installation constitutes a camouflaged facility under Sections 8.9.2.d, 8.9.3.b.2, 8.9.3.c.i, 8.9.4.a.ii and 8.9.4.d.ii, the requirements for dense tree growth to screen views under Sections 8.9.3.c.ii, 8.9.4.a.ii and 8.9.4.d.11 do not apply. In any event, the proposed installation is situated in an area of dense natural tree growth on the Stevens Estate property, so that the requirements for dense tree growth to screen views are satisfied. 8. Accordingly, the Planning Board finds that the project is in harmony with the general purpose and intent of the Town of North Andover Zoning Bylaw and generally complies with the requirements of the Bylaw as listed in Sections 8.3, 8.9 and 10.3, but requires conditions in order to be fully in compliance. The Planning Board hereby grants the Special Permits with Site Plan Approvals to the carriers provided the following conditions are met: 2 SPECIAL CONDITIONS: Discontinuance or 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; provided, however, that if the second carrier remains in operation at the site, the first carrier to discontinue shall not remove any common facilities in use by the second carrier until the second carrier has also discontinued or abandoned its operations at the site. "Physically remove" shall include, but not be limited to: (i) Removal of antennas, mount, equipment shelters and security barriers installed by the carrier (unless the same will continue to be used by the owner) from the subject property. (ii) Proper disposal of the waste materials generated by the carrier from the site in accordance with local and state solid waste disposal regulations. (iii) Restoring the location of the wireless service facility in its natural condition, except that any landscaping and grading shall remain the after -condition. C) As a condition of this special permit for the placement, construction or modification of their wireless service equipment at the site, the carriers shall place .into escrow a sum of money to cover the costs of removing the facility from the subject property. Said amount shall be certified by an engineer, architect or other qualified professional registered to practice in the Commonwealth of Massachusetts. Said funds shall be held by an independent escrow agent to be appointed by the carriers and the SPGA. The carriers shall authorize and, as necessary, shall obtain the authorization of the owner of the property to allow the escrow agent to enter upon the subject property to remove the facility if and when the facility has been abandoned or discontinued by both carriers. In the event the posted amount does not cover the cost of demolition and/or removal the Town may place a lien upon the property covering the difference in cost. 3 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 by both carriers has occurred, the carriers shall remove the equipment placed by the carriers from the subject property within ninety days. In the event that the carriers fail to remove the equipment, the town shall give notice to the carriers 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 carriers, shall remove the facility. 2. Performance Guarantees a) Insurance in a reasonable amount (determined and approved by the SPGA after consultation with Town Counselor, at the expense of the carriers, after consultation with one (1) or more insurance companies) shall be in force to cover damage from the equipment on the structure, damage from transmissions and other site liabilities. Annual proof of said insurance must be filed with the SPGA. b) Funds, sufficient in the opinion of the SPGA to cover annual maintenance of the equipment on the facility, shall be placed into escrow and shall be held by the independent escrow agent who shall be authorized to expend the funds for the maintenance of the equipment on the facility on terms to be agreed upon by the carriers and the SPGA as a condition of approval of the special permit. C) Annual certification demonstrating continuing compliance with the standards of the Federal Communications Commission, Federal Aviation Administration and the American National Standards Institute shall be filed with the SPGA by the Special Permit holder. 3. Term of Special Permit. a) A Special Permit issued for any wireless service facility shall be valid for three (3) years. The special permit may be renewed under the same criteria as the original special permit, provided that the application for renewal of the special permit is made prior to the expiration date of the original or any renewed special permit. Additional measures governing the administration of the special permit are found in Section 10.3 of the Zoning Bylaw. b) After the equipment on the facility is in operation, the carriers shall submit to the SPGA, within 90 days of beginning operations and at annual intervals from the date of issuance of the Special Permit, preexistent and current RFR measurements. Such measurements shall be signed and certified by an RF engineer or other qualified person, stating that RFR measurements are accurate and are in compliance or why the 4 measurements fail to comply with all applicable FCC Guidelines as specified in Section 8.9(4)(c)(1) RFR Filing Requirements of this Bylaw. The measurements shall be submitted for both co -locators. C) After the wireless service facility is in operation the carriers shall submit to the SPGA; within 90 days of the issuance of the Special Permit, and at annual intervals from the date of issuance of the Special Permit, preexistent and current measurements of acoustic noise from the wireless service facility. Such measurements shall be certified and signed by an acoustical engineer, stating that noise measurements are accurate and meet the Noise Standards sub -section 6.13.14.5 of the Bylaw as measured from the Stevens Estate mansion as opposed to the perimeter of the equipment compound. The carriers shall forward to a separate consulting engineer, selected by the Town, the above materials for review. The carriers shall pay thy.; reasonable costs of such review. d) Each carrier or its successors in interest shall maintain its 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. 4. Prior to the endorsement of the plans by.the Planning Board, the carriers must comply with the following conditions: a) The carriers shall provide a map indicating the intended locations for testing as required above. b) A bond in the total amount of $5,000 shall be posted for the purpose of insuring that a final as -built plan is provided to the SPGA showing the location of all on- site structures installed by the carriers. The bond is also in place to insure that the site is constructed in accordance with the approved plans. This bond shall be in the form of a check or checks made out to the Town of North Andover. This check will then be deposited into an interest bearing escrow account. C) The carriers shall provide the necessary escrow accounts and insurance as required in the above sections lc, 2a and 2b. 5. Prior to the start of construction: a) A construction schedule shall be submitted to the Planning Staff for the purpose of tracking the construction and informing the public of anticipated activities on the site. b) The carriers shall determine the preexisting conditions of the noise levels in the immediate vicinity of the Stevens Estate mansion to determine the baseline noise conditions of the site area. The noise survey will provide evidence of the origin of 5 surrounding noise and therefore a baseline condition from which the carriers determine their increases. The noise levels shall not increase the broadband level by more than lOdb(a) above the ambient levels or produce a "pure tone" condition as set forth in DAQC Policy 90-001, the guideline for 310 CMR 7.10. The carriers may use relevant professional sound emitting data from the prior building use to build a baseline based on prior use of the building and grounds. References to sources for data must be included in the material. 6. Prior to FORM U verification (Building Permit Issuance): a) The final site plan mylars must be endorsed and three (3) copies of the signed plans must be delivered to the Planning Department. b) A certified copy of the recorded decision must be submitted to the Planning Department. C) The carriers must have obtained a variance from the Zoning Board of Appeals for the height of the proposed facility to be constructed at 100' above ground level, plus the height of any necessary lightning rod and FAA light. A recorded copy of the Zoning Board Decision certifying that the variance has been received must be provided to the Planning Department as proof of such. 7. Prior to verification of the Certificate of Occupancy: a) The carriers must submit a letter from the architect or engineer of the project stating that the construction and operations substantially comply with the plans referenced at the end of this decision as endorsed by the Planning Board. b) With the exception of any aviation warning lighting required by the Federal Aviation Administration, which shall be installed and maintained in accordance with applicable FAA guidance, all lighting placed by the carriers on the subject property shall have underground wiring and shall be so arranged that all direct rays from such lighting falls entirely within the site and shall be shielded or recessed so as not to shine upon abutting properties or streets. The Planning Office must approve any changes to the approved lighting plan as submitted by the carriers. 8. Prior to the final release of security: a) A final as -built plan showing final construction and location of the wireless hardware shall be submitted to, reviewed and approved by the Planning Staff. 9. Additional Conditions 0 a) 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. b) 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. C) 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. d) 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. e) The contractor shall contact Dig Safe at least 72 hours prior to commencing any excavation. f) The provisions of this conditional approval shall apply to and be binding upon the carriers, and their respective employees, successors and assigns in interest or control. g) 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. h) Any revisions shall be submitted to the Town Planner for review. If these revisions are deemed substantial, the carriers must submit revised plans to the Planning Board for approval. i) This Special Permit approval shall be deemed to have lapsed after two years from the date permit was granted unless substantial use or construction has commenced. Substantial use or construction will be determined by a majority vote of the Planning Board. As long as the carriers are diligently pursuing necessary governmental approvals for the proposed project, including without limitation the height variance identified in Section 6(c) above, the two year period shall be tolled during the pendency of any litigation challenging the grant or denial of any such governmental approval. 10. Waivers 7 The following waivers were granted in determining this decision in accordance with the authority designated by Section 8.9.3.c.v.3 of the Zoning Bylaw and Section 8.9.5.d.ix: a. Map of Other Preexistent/Approved Wireless Services Facilities: Each carrier's RF report each contains a map showing the carrier's respective preexisting and approved wireless facilities in North Andover and outside of North Andover within one -mile of its boundary. If and to the extent Section 8.9.5.d.ii.4 requires a map showing facilities owned or operated by other wireless service providers, the carriers have requested a waiver of that filing requirement, pursuant to Section 8.9.5.d.ix. The SPGA has granted that waiver because such information is not needed for a thorough review of the proposed facilities and is not readily available to the carriers from their competitors. b. Siting Filinjz Requirements The carriers' Site Plans provide the information required by Section 8.9.5.d.iii (Siting Filing Requirements) and Section 8.3.5 (Information Required for Site Plan Review) of the Zoning Bylaw. If and to the extent the plans do not provide sufficient information to meet the requirements of Section 8.9.5.d.iii.3 (requiring the plans to show tree cover on the subject property and all abutting properties, by dominant species and average height) and Section 8.9.5.d.iii.4 (requiring the plans to show an outline of all existing buildings and uses on subject property and all abutting properties), the carriers have requested a waiver of those filing requirements, pursuant to Section 8.9.5.d.ix. The SPGA has granted that waiver because, given the detailed information submitted, any additional information regarding tree cover and the use of distant buildings is not needed for a thorough review of the proposed facilities. C. Color Board Unless otherwise specified by the SPGA or the Massachusetts Historical Commission ("MHC"), the carriers' proposed equipment shelter will be sided with clapboard and painted white. The surrounding wooden fence will be left as natural wood. Unless otherwise specified by the FAA, the carriers propose to color the pole gray. Accordingly, the SPGA has granted a waiver of the "color board" requirement in Section 8.9.5.d.v.3 pursuant to Section 8.9.5.d.ix, because a "color board" is not needed for a thorough review of the proposed facilities. d. Balloon or Crane Test The SPGA has granted a waiver of a balloon or crane test at the proposed site required by Section 8.9.5.d.(v)7. The plans and visibility study provided by N. the carriers contain sufficient information to evaluate the application, without the need for an additional crane test or balloon test. e. Hazardous Materials The SPGA has granted a waiver of the requirement to provide location, type and amount of any materials considered hazardous by the federal state or local government required by Section 8.9.5.d.viii.2. The carriers have listed the sources of negligible amounts of hazardous materials to be the thermostat (potential mercury) and the smoke detector (low level radiation). L Watershed Protection District As set forth in a letter from the carriers' consulting engineers, Greenman - Pederson Inc., dated September 14, 2001, the proposed facilities will be located more than 500' from the Lake and will not be located within 325' of wetlands, as defined in the local Wetlands Protection By-law. As a result, the SPGA has granted a waiver from any filing requirements of the Wetland and/or Watershed Protection District, as a watershed special permit is not required based upon the letter from Greenman -Pederson, Inc. dated 9/14/01. g. Boundary Survey The SPGA has granted a waiver from subsection 8.3.5.e.ii, which requires a survey of the lot parcel. The subject property contains in excess of 153 acres of land and the proposed facilities are centrally located on the parcel, hundreds of feet from any lot line. As a result, a boundary survey would be a significant and expensive undertaking, would serve no material purpose, would be commercially unreasonable, and is unnecessary for the Board to assess the merits of the type of development being proposed. h. Easements and Legal Conditions The SPGA has granted a waiver from subsection 8.3.5.e.iv, which requires all easements or legal conditions to be identified. The pertinent encumbrances have been marked on the Plans submitted with the Application. The Town owns the property. The material provisions of any access or utility easements will be determined during the final lease negotiations in consultation with Town Counsel and the Town Manager. i. Storm Water Drainage Calculations The SPGA has granted a waiver from subsection 8.3.5.e.vii, which requires storm water drainage calculations. Due to the minimal size of the OJ impervious surfaces near the proposed facilities relative to the 153 acre site, there will not be any material storm water runoff generated. Sims The SPGA has granted a waiver from subsection 8.3.5.e.xii, which requires that all signs be identified. Pursuant to section 8.9.4.b.ii of the Wireless Service Facilities by-laws each carrier will provide a security sign that identifies the facility owner and warns against trespassing. However, this sign must be in accordance with the provisions of Section 6 , Signs and Outdoor Lighting regulations, of the Town of North Andover Zoning Bylaw. Permission from the North Andover Planning Board is only for the aesthetic and site plan review purposes of the signage and does not exempt the applicant to obtain a sign permit if determined by the Building Commisioner. k. Landscape Plan The SPGA has granted a waiver from subsection 8.3.5.e.xv and subsection 8.3.6.a.ii.e, which require that a full landscape plan to be filed with the Application. Due to the dense woods in the area surrounding the proposed facilities, as well as the carriers' intention to clear only that vegetation that is necessary for the proposed construction, no additional landscaping will be required around the facilities. M. Drain Basin Study The SPGA has granted a waiver from subsection 8.3.5.e.xviii which requires a drain basin study. Due to the minimal size of the impervious surfaces near the proposed facilities relative to the 153 acre site, there will not be any material storm water runoff generated. As a result, a drain basin study is unnecessary. n. Traffic Study The SPGA has granted a waiver from subsection 8.3.5.e.xix which requires a traffic study. As there will be minimal vehicle trips to the facilities, once constructed, no significant impact on traffic will be created. A Traffic impact study is therefore unnecessary. o. Erosion Control Plan The SPGA has granted a waiver from subsection 8.3.6.a.ii.f, which requires a full erosion control plan to be filed with the Application. Due to the distance to any significant wetland resources, an erosion control plan is not 10 necessary. Notwithstanding, a sample of the proposed erosion control methods have be identified on a supplementary plan sheet filed with the Board. P_ Best Management Practices Plan The SPGA has granted a waiver from Section 8.9.4.e.111 to the extent it provides for a Best Management Practices plan for storm water during construction. Due to the minimal size of the impervious surfaces near the proposed facilities relative to the 153 acre site, there will not be any material storm water runoff generated. Prior to cutting or clearing trees associated with the construction, the carriers to the building will also submit a plan to the Building Commissioner showing the location of the erosion control measures along the limit of clearing/grading. 11. DOCUMENTATION SUBMITTED: The following information shall be deemed part of the decision: Application Cover Memorandum filed on August 8, 2001, from Stephen D. Anderson for AT&T Wireless and Christine Morrisey for Sprint; AT&T Wireless' completed Planning Board Application for Special Permit with Site Plan Approval; Sprint's completed Planning Board Application for Special Permit with Site Plan Approval; Certified Abutters List; Assessor's Maps numbered 35, 36, 74, 91, 92, 99, 100; Zoning Map; Plans for the proposed facility prepared by Greenman -Pedersen, Inc. dated June 26, 2001 revised 7/11/01, 9/17/01, & 11/06/01 consisting of the following: DRAWING 1NDEX` SHEET', e 11 -.DRAWING INDEX S}HEFT 9E .. r 2BO-E4457-ZO1 Title Sheet 2BO-E4457-ZO2 Property Plan - One Compound 2BO-E4457-Z03 I Site Plan - One Compound 2BO-E4457-Z04 Elevation - One Compund 2BO-E4457-Z05 Property Plan - Two Compounds 2BO-E4457-Z06 Site Plan - Two Compounds 2BO-E4457-Z07 I Elevation - Two Compounds AT&T Wireless' RF report dated July 24, 2001, with coverage charts, demonstrating (1) the need for the facility, (2) the coverage it will provide, (3) "that there are no feasible preexistent structures upon which to locate" under § 8.9.3.b.9, and (4) the other existing AT&T Wireless facilities in North Andover and outside North Andover within one mile of its boundary; Sprint's RF affidavit dated June 15, 2001, with coverage charts, demonstrating (1) the need for the facility, (2) the coverage it will provide, (3) "that there are no feasible preexistent structures upon which to locate" under § 8.9.3.b.9, and (4) the other existing AT&T Wireless facilities in 12 North Andover and outside North Andover within one mile of its boundary; Memorandum dated May 4, 2001, constituting the Town's consent to Municipal Development application; View Shed Analysis prepared by Greenman -Pedersen, Inc., dated December 4, 2000; Specifications for AT&T Wireless' antennas; Specifications for AT&T Wireless' equipment shelter; Specifications for AT&T Wireless' cables and cable runs; MSDS for AT&T Wireless' batteries to be used for backup power; Specifications for Sprint's antennas; Specifications for Sprint's equipment cabinets; Specifications for Sprint's cables and cable runs; MSDS for Sprint's batteries to be used for backup power; AT&T Wireless' Report to the Massachusetts Department of Public Health dated June 10, 2001, certifying that the maximum allowable frequencies, power levels and standards will not be exceeded for the facility; The Massachusetts Department of Public Health's approval of AT&T Wireless' proposed facility dated June 21, 2001; Sprint's Report to the Massachusetts Department of Public Health dated June 29, 2001, certifying that the maximum allowable frequencies, power levels and standards will not be exceeded for the facility; AT&T Wireless' Notices to the Federal Aviation Administration of the proposed construction dated May 29, 2001; Letter dated August 13, 2001, fro George W. Watson, III, enclosing Owner' Consent to Development Application dated July 18, 2001, executed by the Town Manager; 13 Memorandum dated September 25, 2001, from Stephen D. Anderson for AT&T Wireless and Christine Morrisey for Sprint (with enclosures), providing supplemental information related to the carriers' application; Letter dated September 14, 2001, from Greenman -Pedersen, Inc., specifying the distance of the proposed facility from wetlands and the lake; Letter dater October 1, 2001, from Alactronics, representing a Noise Report for the proposed facilities; Revised Plans for the proposed facility prepared by Greenman -Pedersen, Inc. dated September 17, 2001, consisting of the following: 2BO-E4457-ZO2I Raw Land Site - Monopole with Shelter Property Plan - One Compound 2BO-E4457-Z05 Raw Land Site - Monopole with Shelter Property Plan - Two Compound 2BO-34457-Z08 Raw Land Site - Monopole with Shelter Landscape and Erosion Control Details Memorandum from Vanasse Hangen Brustlin, Inc. dated September 13, 2001, with attached engineering review report; Memorandum from Vanasse Hangen Brustlin, Inc., dated October 18, 2001; Memorandum from Town Planner to North Andover Planning Board, dated September 12, 2001- FAA 001_ FAA Determination dated 11/05/01 Regarding the proposed 100', two - carrier flagpole -style monopole; FAA Determination dated 11/05/01 Regarding AT&T Wireless' proposed 90', one -carrier flagpole -style monopole; FAA Advisory Circular 70/7460-1 K (the "1 K Circular") referred to in these determinations; and 14 Letter from Stephen Anderson and Jonathan Lazar submitting the FAA Determinations and Circular. 15 Urai av- L L-' l rol�� s., wu X17- asa-6899 ' CONSERVATION DEPARTMENT Community Development Division June 10, 2016 Stephen Foster, Director Facilities Management North Andover, MA 01845 RE: Selective removal of 8 hazardous trees some of which are located within the Buffer Zone to Bordering Vegetated Wetland (BVW) This is a follow up letter pertaining to your request to remove several trees which are in close proximity to structures at the Stevens Estate and are potentially within the Buffer Zone to BVW (resource areas have not been formally delineated). The trees were identified during a site visit by the Conservation Department on June 10, 2016. All trees approved for removal were observed to pose a hazard. The trees are marked with paint and are identified in the attached photos. All trees are more than 75 feet from wetland resource areas. Due to the potential danger imposed by the trees, the Conservation Department will permit their removal to prevent possible injury or property damage. These cutting activities shall be limited to the trees identified and shown in the attached photographs. The approved cutting will be subject to the following conditions: ❖ Trucks and machinery necessary for the tree removal shall not leave the pavement. It is understood that all work will be conducted by crane from the paved parking and access drives. ❖ All tree limbs, brush, and other debris materials shall be taken off site and disposed of properly. ❖ Stumps of the trees shall not be removed and shall be left in place. Stumps may be ground down or cut flush with the landscape. ❖ Care shall be taken to prevent damage to surrounding trees during removal of the approved trees. ❖ Upon completion of the tree removal, all disturbed areas shall be properly stabilized. ❖ The applicant shall notify this department immediately following completion of work for a final site inspection. ❖ This permit shall expire six months from the date of issue. 1600 Osgood Street, North Andover, Massachusetts 01845 Phone 978.688.9530 Fax 918.688.9542 Web www.townofnorthandover.com Please do not hesitate to contact me should you have any further questions or concerns in this regard. Sincerely, NORTH ANDOVER CONSERVATION COMMISSION N-_ Je ifer Hug es nservation Administrator Cc: Bruce Thibodeau, Eric Kfoury, Jean Enright, Laurie Burzlaff Please see the attached photos. 3 Trees adjacent to the mansion 1600 Osgood Street, North Andover, Massachusetts 01845 Phone 978.688.9530 Fax 978.688.9542 Web www.townofnorthandover.com Large white pine between garage and carriage house (not in wetland jurisdiction) Spruce overhanging carriage house (not in wetland jurisdiction) 1600 Osgood Street, North Andover, Massachusetts 01845 Phone 978.688.9530 Fax 978.688.9542 Web www.townofnorthandover.com i Tulip Tree growing against garage (not in wetland jurisdiction) An additional birch and oak are not shown. These trees are immediately behind and overhanging the carriage house. They are more than 75' from wetland resource areas (BVV). 1600 Osgood Street, North Andover, Massachusetts 01845 Phone 978.688.9530 Fax 978.688.9542 Web www.townofnorthandover.com