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Home My WebLink About2011-09-06 Planning Board Supplemental Materials (65) ANDERSON &KREIGER LLQ SUSAN M.ROBERTS srobertsaandersonkreiger.com Direct phone: 617-621-6522 Direct fax: 617-621-6622 August 10, 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: 5 Boston Hill (a/k/a 5 Boston Street) (Map 107C, Lot 11); Village Residential District ("Site") Subject: Request for Modification of Pre-Existing Wireless Service Facility under Bylaw § 8.9(7)to Add Three (3) Long Term Evolution(LTE) 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 to Pre-Existing Facility ("Application") filed on July 15, 2011,to modify its pre-existing co-located wireless communication facility ("Facility") at the above Site. AT&T's proposed modification seeks the installation of three (3) long term evolution(LTE) antennas and related equipment to its existing six (6)-antenna Facility. This construction and initial operation of the Facility by AT&T's predecessor-in-interest, Southwestern Bell Mobile Systems Inc., d/b/a Cellular One, began in 1995 and pre-dated the Town's Wireless Telecommunications Bylaw which was enacted in 1998. AT&T is not aware of a special permit currently in effect for the Facility under Section 8.9 of the Bylaw. Accordingly, AT&T's Application seeks the issuance of a special permit for the Facility that includes the approval the proposed LTE modification. (A0135120.11 One Canal Park, Suite 200 • Cambridge MA 02141 • 617-621-6500 • Fax:617-621-6501 Co Printed on recycled paper Planning Board Town of North Andover August 10, 2011 Page 2 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 to Pre-Existing Facility [previously submitted on 7/15/11]; 2. Site Plans for Proposed Modification of Facility,prepared by Atlantis Group, dated May 17, 2011; SHEET TITLE REV. DATE T-1 Title Sheet 5/17/11 GN-1 General Notes 5/17/11 A-1 Roof Plan 5/17/11 A-2 Equipment Room Plan&Details 5/17/11 A-3 Elevation and Antennas Plan 5/17/11 A-4 Details 5/17/11 G-1 Grounding, One-Line Diagram & Details 5/17/11 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 6, 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 3, 2011, including modification by the addition of antennas as shown in proposed Site Plans; 10. Building Lease Agreement between Benjamin G. Farnum, as Lessor, and Southwestern Bell Mobile Systems Inc., d/b/a Cellular One, as Lessee, dated . (A0135120.1} ANDERSON KREIGERLLP CRS Printed on recycled Paper Planning Board Town of North Andover August 11, 2011 Page 3 April 7, 1995, and First Amendment to Building Lease Agreement, dated January 2, 2002 [redacted to delete rental information]; 11. Photograph of Existing Facility, January 7,2004; 12. Table of Requested Waivers; and 13. Certified Abutters' List. 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 antenna arrays and other equipment appended to the sides of a concrete block structure that is 94 ft. above ground level. The Facility also includes use of an equipment room inside the structure, on the third floor. The structure is located on real property at 5 Boston Hill in North Andover. Several wireless telecommunications carriers have wireless facilities on the structure that also includes a 55 ft. lattice tower situated on the structure's rooftop. In the past, the Facility was equipped with twelve (12) antennas (4 antennas per array or sector) as shown in a photograph of the Facility, dated January 7, 2004 (see, Photograph, Exhibit 11). In 2006, however, AT&T removed two (2) antennas per sector and swapped out other antennas, resulting in a six (6)-antenna installation(two (2)per sector),which is the current Facility's antenna configuration. (See, the 2011 photographs of the existing Facility, Exhibit 4). AT&T now seeks to add three (3) new LTE antennas (one per each of the three (3) sectors), fiber and coaxial cable, and associated equipment and appurtenances as shown on the Site Plans at A-1 through A-4. (See, Site Plans, Exhibit 2). The Facility will continue to be connected to standard electric and telephone utilities existing at the Facility. None of the existing antennas or other associated equipment will be removed, but some antennas and equipment will be moved as noted in the Site Plans, Exhibit 2. The 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,' 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. 1 See, AT&T website 8-8-11:hitp://www.wireless.att.com//Ieam/why/tecbnology/4g-Ite.iM. {A0135120.1) ANDERSON KREIGERLLP �^'Printed on rccydcd paper Planning Board Town of North Andover August 10, 2011 Page 4 As shown on the Site Plans, Exhibit 2,the specific modifications to the existing Facility are as follows: • One (1) LTE Antenna per sector (x 3 sectors) • Two (2) (remote radio units or radio receivers)per sector (x 3 sectors) • One (1) surge arrestor attached to the existing antenna frame (x 3 sectors) • One GPS antenna attached to steel handrail located on rooftop • 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 room 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 (A0135120.1) ANDERSON KREIGERLLP 0 Printed an recycled paper Planning Board Town of North Andover August 11, 2011 Page 5 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 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)(B)(i)(I), take actions that"prohibit or have the effect of prohibiting the provision of personal wireless services," § 332(c)(7)(B)(i)(II), 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 Special Permit relief to allow AT&T to install the proposed modification adding three (3) LTE to its pre- existing Facility, and any other zoning relief required for the proposed modification. (A0135120.1) ANDERSON KREIGERLLP Z^'Printed-re yded paper Planning Board Town of North Andover August 10, 2011 Page 6 If we can provide any further information regarding this application, please let us know. Sincerely, Susan M. Roberts 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) (A0135120.]} ANDERSON KREIGERLLP CO Printed-—ydcd paper