HomeMy WebLinkAbout2011-09-06 Planning Board Supplemental Materials (58) ANDERSON GEIZ L
SUSAN M.ROBERTS
sroberts@andersonkreiger.corn
Direct phone: 617-621-6522
Direct fax: 617-621-6622
August 12, 2011
BY HAND BY HAND
Joyce A. Bradshaw, John Simons, Chairman
Town Clerk Planning Board
Town of North Andover Town of North Andover
Municipal Building 1600 Osgood Street
120 Main Street North Andover, Massachusetts 01845
North Andover, Massachusetts 01845
RE: Applicant: New Cingular Wireless PCS,LLC ("AT&T")
Site: Stevens Estate, 723 Osgood Street
(Map 35, Lot 23); Residential 1 ("Site")
Land Owner: Town of North Andover
Subject: Request for Modification of Special Permit under Bylaw § 8.9(7)to Swap
Three (3)Long Term Evolution(LTE)Antennas for Existing Antennas.
(All relief if and to the extent necessary, all rights reserved)
Dear Mr. Simons and Members of the Board, and Ms. Bradshaw:
Pursuant to Section 8.9(7) of the North Andover Zoning Bylaw,New Cingular Wireless
PCS, LLC, by and through its manager,AT&T Mobility Corporation("AT&T"), supplements its
application for a Special Permit—Modification("Application") filed on July 15, 2011. AT&T
seeks to modify its existing Special Permit for operation of its wireless communication facility
("Facility"), last renewed on September 7, 2010, by substituting three (3) long term evolution
(LTE) antennas (and related equipment) for the existing three (3) GSM and UMTS antennas (and
related equipment) inside a canister on the flagpole-style structure at the existing Facility. The
Facility is located within the Stevens Estate, at 723 Osgood Street in North Andover.
This Facility was first permitted by the Planning Board on November 14, 2001, renewed
on October 4, 2007, and most recently renewed on September 7, 2010. AT&T's Application
seeks the modification of the Special Permit to accomplish the antenna swap as above-noted and
for the Special Permit to extend for a three (3) year period.
(A0135590.1) One Canal Park, Suite 200 • Cambridge MA 02141 • 617-621-6500 - Fax: 617-621-6501
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Planning Board
Town of North Andover
August 12, 2011
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I. ENCLOSED DOCUMENTS
AT&T previously submitted to the Planning Board the application fee of$1,000,00.
Enclosed are three (3) copies of the following documents:
1. Town of North Andover Planning Board Application for Special Permit--
Modification [previously submitted on 7/15/11];
2. Site Plans for Proposed Modification of Facility, prepared by Atlantis Group,
dated May 31, 2011;
SHEET TITLE REV.
DATE
T-1 Title Sheet 5/31/11
GN-1 General Notes 5/31/11
A-1 Plans and Details 5/31/11
A-2 Antenna Layout and Elevation 5/31/11
A-3 Equipment Details 5/31/11
G-1 Grounding, One-Line Diagram & Details 5/31/11
3. Report of Radio Frequency Engineer Kevin Breuer, dated June 2, 2011 with
coverage maps;
4. Photographs of 2011 Existing Facility and Photosimulations of Proposed
Facility;
5. FCC Licenses Applicable to Facility;
6. LTE Antenna and Related Equipment Specifications;
7. Maximum Permissible Exposure Study,prepared by SAI Communications,
dated June 7, 2011;
8. Table of Compliance with Town of North Andover Wireless Service Facilities
Bylaw, Section 8.9;
9. Acoustic Noise Study for Facility, prepared by Noise Control Engineering, Inc.,
dated June 20, 2011, including modification by the addition of antennas as
shown in proposed Site Plans;
10. Letter of Authorization from TowerCo Assets LLC;
11. Table of Requested Waivers;
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ANDERSON KREIGERUP
P,i"I'l—r""I'd--
Planning Board
Town of North Andover
August 12, 2011
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12. Certified Abutters' List; and
13. Insurance certificate.
AT&T reserves the right to supplement this application at or before the public hearing
scheduled for September 6, 2011.
II. EXISTING FACILITY AND PROPOSED MODIFICATION
The existing Facility consists of a 100 ft. flagpole-style structure inside a canister on
which the three (3) existing GSM and UMTS antennas and associated cabling and equipment are
situated at a height of 88 ft. above ground level. (See, Site Plans, Exhibit 2). The flagpole is
located within a compound area containing AT&T's equipment shelter and stands on a 153 acre
forested parcel known as the Stevens Estate at 723 Osgood Street, owned by the Town of North
Andover.' (See, Photographs and Photosimulations, Exhibit 4).
In this Application, AT&T now seeks to swap three (3) new LTE antennas (one per each
of the three (3) sectors), fiber and coaxial cable, and associated equipment and appurtenances for
the existing three (3) GSM and UMTS antennas and associated cabling and equipment. (See,
Site Plans, Exhibit 2). The Facility will continue to be connected to standard electric and
telephone utilities existing at the Facility. In order to accommodate the somewhat larger-sized
LTE antennas,AT&T proposes that the 20 inch-diameter'existing canister housing AT&T's
GSM and UMTS be replaced with a larger canister measuring 28 inches in diameter.2
The proposed modification will enable AT&T to add a new wireless broadband
technology designed to support mobile Internet access via mobile phones and handheld devices.
The modified Facility will allow AT&T's existing and future customers to connect to the Internet
at significantly greater speeds with considerably improved navigability,3 thereby providing
enhanced wireless services in the geographic area served by the existing Facility for the
businesses, in-vehicle travelers, and residents of the area. See also, Report of Radio Frequency
Engineer Kevin Breuer, Exhibit 3.
As shown on the Site Plans, Exhibit 2,the specific modifications to the existing Facility
are as follows:
1 A second carrier(Sprint)also operates antennas within the flagpole's interior and has an equipment shelter in the
compound area. Previously,AT&T and Sprint together have sought and received Special Permit renewals.
2 The Site Plans,Exhibit 2,indicate that the diameter of the existing canister is 26". However, subsequent to the
Site Plans' generation,AT&T learned that this figure is incorrect. AT&T will change the Site Plans to indicate in its
final plans to be submitted to the Planning Board prior to obtaining the building permit the correct diameter of 20".
3 See, AT&T website 8-8-11:hitp://www.wireless.att.com//Ieam/wby/technology/4g-Ite.jM.
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ANDERSON KREIGERLLP
Planning Board
Town of North Andover
August 12, 2011
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• One (1) LTE Antenna per sector (x 3 sectors)to be located inside the flagpole
canister
• Twin TMAs (x 3 sectors)to be located inside the flagpole canister
• One (1) surge arrestor attached to the equipment shelter wall (x 3 sectors)
• One GPS antenna attached to the equipment shelter
• Raycap DCX-48-60-0-RM equipment cabinet
• Associated fiber trunk and DC cables in flex conduits
• Additional LTE-related radio and other telecommunications equipment to be located
in AT&T's existing equipment shelter at the Facility.
III. AT&T'S NETWORK
AT&T is the premier wireless company in the United States, with more than 95 million
subscribers who use the nation's fastest 3G and expanding 4G networks. AT&T is dedicated to
providing customers with wireless technology designed to enrich their lives. AT&T continually
raises its performance to meet and exceed customer expectations.
AT&T is licensed by the Federal Communications Commission to provide wireless
phone service across the country and throughout Massachusetts, including the Town of North
Andover and surrounding communities. Wireless coverage for voice and data is provided by
placement of a number of low power antenna sites within a given area. In order to build out its
LTE network and meet customer demand, AT&T must have in place a system of low power "cell
sites"to serve portable wireless communication handsets and devices. The sites are spaced so
that the coverage from each location overlaps with its neighboring sites. When a connection is
established on a certain site,the wireless device monitors the signal from the serving site, as well
as the signal of all of the adjacent sites. When the wireless device 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 connection will transfer without
interruption. If there is a lack of appropriate signal strength at the transfer point, the quality of
the connection will degrade and possibly drop.
IV. FEDERAL TELECOMMUNICATIONS ACT
AT&T's application is governed by the provisions of the Federal Telecommunications
Act of 1996, which the United States Supreme Court has explained as follows:
Congress enacted the Telecommunications Act of 1996 (TCA) ... to promote competition
and higher quality in American telecommunications services and to "encourage the rapid
deployment of new telecommunications technologies." ... One of the means by which it
sought to accomplish these goals was reduction of the impediments imposed by local
governments upon the installation of facilities for wireless communications, such as
antenna towers. To this end,the TCA amended the Communications Act of 1934, ... to
include § 332(c)(7), Which imposes specific limitations on the traditional authority of
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Planning Board
Town of North Andover
August 12, 2011
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state and local governments to regulate the location, construction, and modification of
such facilities, ... 47 U.S.C. § 332(c)(7). Under this provision, local governments may
not"unreasonably discriminate among providers of functionally equivalent services," §
332(c)(7)(13)(i)(I),take actions that"prohibit or have the effect of prohibiting the
provision of personal wireless services," § 332(c)(7)(13)(i)(11), or limit the placement of
wireless facilities "on the basis of the environmental effects of radio frequency
emissions," § 332(c)(7)(B)(iv). They must act on requests for authorization to locate
wireless facilities "within a reasonable period of time," § 332(c)(7)(B)(ii), and each
decision denying such a request must"be in writing and supported by substantial
evidence contained in a written record," § 332(c)(7)(B)(iii).
City of Rancho Palos Verdes, Cal. v. Abrams, 544 U.S. 113, 115-116, 125 S.Ct. 1453, 1455 -
1456 (2005) (internal citations omitted).
The TCA was intended to provide for a pro-competitive, de-regulatory national policy
framework designed to accelerate rapidly private sector deployment of advanced
telecommunications and information technologies to all Americans.
The proposed Facility will help bring advanced and improved wireless
telecommunication and information technologies to North Andover.
V. COMPLIANCE WITH THE TOWN OF NORTH ANDOVER'S WIRELESS
TELECOMMUNICATIONS SERVICES BY-LAW AND DESIGN REVIEW
PROCESS
As outlined in the attached Table of Compliance (Exhibit 8), the proposed Facility
complies with all applicable provisions of the Town of North Andover Wireless Service
Facilities Bylaw.
V. CONCLUSION
AT&T respectfully requests that the Planning Board grant its request for modification of
its Special Permit to allow AT&T to substitute three (3) LTE antennas within the flagpole
structure's interior, and any other zoning relief required for the proposed modification.
If we can provide any further information regarding this application, please let us know.
Sin ely,
,P
Susan M. Roberts
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ANDERSON&KREIGERLLP
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Planning Board
Town of North Andover
August 12,2011
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Enclosures
cc: Judith M. Tymon, AICP, Town of North Andover (by email)
Taylor Whiteside (by email)
Kristen Smith(by email)
Carri Preble (by email)
Jim Albiani (by email)
Stephen D. Anderson, Esq. (by email)
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ANDERSON KREIGERLLr
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