HomeMy WebLinkAbout2011-09-06 Planning Board Supplemental Materials (72) Town of North Andover
,AOR 71{
OFFICE OF ?of „etio
COMMUNITY DEVELOPMENT AND SERVICES 0op
27 Charles Street
North Andover, Massachusetts 01845
WILLIAM J.SC01T t
D!)'2CtOY
9SSACNUSF'�
(978)688-9531
Fax(978)688-9542
NOTICE OF DECISION
Any appeal shall be filed io-�
within (20) days after the w z�Mm
date of filing this Notice o D(-,:'Urn
in the Office of the Town �Mn o
Clerk
Date: June 30, 2000
Date of Hearing : May 16, 2000
Petition of: Sprint Spectrum, LP, One International Boulevard,
Suite 800, Mahwah, NJ 07495
Premises affected: 300 Chestnut Street
Referring to the above petition for a site plan special permit from the requirements of
Section 8.9 of the Zoning Bylaw
so as to allow: the installation and operation of a wireless service facility including
nine panel antennas and associated cabling, utilities and equipment on
an existing tower structure.
After a public hearing given oil the above date, the Planning Board voted To APPROVE
the site plan special permit, based upon the following conditions:
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Signed
CC: Applicant Alison Lescarbeau. Chairman
Engineer
John Simons,Vice Chairman
Alberto Aneles Clerk
Richard Nardella T�
Richard S.Rowen
William CunninEham
BOARD OF APPEALS 688.9541 BUILDING 688-9545 CONSERVA'PION 688-9530 HEALTH 688-9540 PLANNING 688-950'
Sprint Spectrum LP—300 Chestnut Street
Special Permit
The Planning Board herein approves the Special Permit to install and operate a wireless
service facility including nine panel antennas and associated cabling, utilities and
equipment on an existing tower structure in the Residential 3 Zoning District. This
Special Permit was requested by Sprint Spectrum LP, One International Boulevard, Suite
800, Mahwah, NH 07495. This application and additional documentation as cited herein
was filed with the Planning Board on April 14, 2000 with subsequent submittals on file.
The Planning Board makes the following findings as required by the North Andover
Zoning Bylaw Section 8.9:
FINDINGS OF FACT:
1. The specific site is an appropriate location for the project as it is being colocated on an
existing wireless location.
2. The use as developed will not adversely affect the neighborhood as indicated by the
analysis conducted by Wellman Associates, Inc.
3. The carrier has demonstrated that the facility is necessary in order to provide adequate
service to the public.
4. The plan meets the requirements of the Wireless Service Facilities By-law section 8.9.
5. Adequate and appropriate facilities will be provided for the proper operation of the
proposed use.
Finally the Planning Board finds that this project generally complies with the Town of
North Andover Zoning Bylaw requirements as listed in Section 8.9 but requires conditions
in order to be fully in compliance. The Planning Board hereby grants an approval to the
applicant provided the following conditions are met:
SPECIAL CONDITIONS:
1: Discontinuance Abandonment
a) At such time that a licensed carrier plans to abandon or discontinue operation of
wireless service equipment, such carrier will notify the Town by certified US mail
of the proposed date of abandonment or discontinuation of operations. Such notice
shall be given no less than 30 days prior to abandonment or discontinuation of
operations. In the event that a licensed carrier fails to give such notice, the wireless
service equipment shall be considered abandoned upon discontinuation of
operations.
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b) Upon abandonment or discontinuation of use, the carrier shall physically remove
the wireless service equipment placed on the site by the carrier within 90 days from
the date of abandonment or discontinuation of use. "Physically remove" shall
include,but not be limited to:
i) Removal of antennas, mount, equipment shelters and security barriers installed
by the carrier (unless the same will continue to be used by the owner) from the
subject property.
ii) Proper disposal of the waste materials generated by the carrier from the site in
accordance with local and state solid-waste disposal regulations.
c) As a condition of any special permit for the placement, construction or
modification of a wireless service equipment at the site, the carrier shall place into
escrow a sum of money to cover the costs of removing the facility from the subject
property. Said amount shall be certified by an engineer, architect or other qualified
professional registered to practice in the Commonwealth of Massachusetts. Said
funds shall be held by an independent escrow agent to be appointed by the carrier
and the SPGA. The carrier shall authorize and, as necessary, shall obtain the
authorization of the owner of the property to allow the escrow agent to enter upon
the subject property to remove the facility when the facility has been abandoned or
discontinued. In the event the posted amount does not cover the cost of
demolition and/or removal the Town may place a lien upon the property covering
the difference in cost.
d) The equipment shall be deemed to be abandoned or discontinued if it has not been
used for the purpose for which it was originally constructed for a period of six (6)
months or more. Once abandonment or discontinuance has occurred, the carrier
shall remove the equipment placed by the carrier from the subject property within
ninety days. In the event that the carrier fails to remove the equipment, the town
shall give notice to the carrier and the independent escrow agent that the
equipment shall be removed by the escrow agent forthwith and the escrow agent,
after affording written notice seven days in advance to the carrier, shall remove the
facility.
2) Performance Guarantees
a) Insurance in a reasonable amount determined and approved by the SPGA after
consultation at the expense of the applicant with one(1) or more insurance
companies shall be in force to cover damage from the equipment on the structure,
damage from transmissions and other site liabilities. Annual proof of said insurance
must be filed with the SPGA.
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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
carrier 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 applicant shall submit to the
SPGA, within 90 days of beginning operations and at amoral intervals from the
date of issuance of the Special Permit, preexistent and current RFR measurements.
Such measurements shall be signed and certified by an RF engineer, stating that
RFR measurements are accurate and are in compliance or why the measurements
fail to comply with all applicable FCC Guidelines as specified in Section
8.9(4)(c)(1) RFR Filing Requirements of this Bylaw. The measurements shall be
submitted for the equipment proposed on this facility. This condition shall be in
effect until such time as an additional carrier proposes equipment on this
facility. At that time, this obligation will fall upon the proponent of the
additional equipment so as to obtain a better measure of the cumulative
effect of the facility,
c) After the wireless service facility is in operation the applicant shall submit to the
SPGA; within 90 days of the issuance of the Special Permit, and at annual intervals
from the date of issuance of the Special Permit, preexistent and current
measurements of acoustic noise from the wireless service facility Such
measurements shall be certified and signed by an acoustical engineer, stating that
noise measurements are accurate and meet the Noise Standards sub-section
6.13.14.5 of this Bylaw. This condition shall be in effect until such time as an
additional carrier proposes equipment on this facility. At that time, this
obligation will fall upon the proponent of the additional equipment so as to
obtain a better measure of the cumulative effect of the facility.
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d) The applicant and co-applicant or their successor in interest shall maintain the
wireless service equipment in good condition. Such maintenance shall include, but
shall not be limited to, painting, structural integrity of the equipment.
4. Prior to the endorsement of the plans by the Planning Board, the applicant
must comply with the following conditions:
a) The applicant shall provide a map indicating the intended locations for testing
as required above.
b) A bond in the amount of$5,000,;shall be posted for the purpose of insuring that
a;final as-built plan showing the location of all on-site structures. The bond`is
also in place to insure that the site is constructed in accordance with the
approved plan. This bond shall be in the form of a check made out to the
Town of North Andover. This check will then be deposited into an interest
bearing escrow account.
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 applicant shall provide the necessary escrow accounts and insurance as
required in the above sections.
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 th.Planning
Department.
7. Prior to verification of the Certificate of Use and Occupancy:
a) The applicant must submit a letter from the architect or engineer of the project
stating that the construction and operations substantially comply with the plans
referenced at the end of this decision as endorsed by the Planning Board.
b) All lighting placed by the carrier on the subject property shall have
underground wiring and shall be so arranged that all direct rays from such
lighting falls entirely within the site and shall be shielded or recessed so as
not to shine upon abutting properties or streets. The Planning Office must
approve any changes to the approved lighting plan as submitted by the
applicant.
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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 and reviewed by the Planning Staff.
9. 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.
10. In an effort to reduce noise levels, the applicant shall keep in optimum working
order, through regular maintenance, any and all equipment that shall emanate
sounds from the structures or site.
11. 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.
12. 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.
13. The contractor shall contact Dig Safe at least 72 hours prior to commencing any
excavation.
14. The provisions of this conditional approval shall apply to and be binding upon the
applicant, its employees andall successors and assigns in interest or control.
I5. 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.
16. Any revisions shall be submitted to the Town Plainer for review. If these revisions
are deemed substantial, the applicant must submit revised plans to the Planning
Board for approval.
17. This Special Permit approval shall be deemed to have lapsed after two years from
the date permit granted, that date being Joie 30, 2002 unless substantial use or
construction has commenced. Substantial use or construction will be determined
by a majority vote of the Planning Board.
18. The following waivers were granted in determining this decision:
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a) Waiver to provide a map showing other preexistent and approved wireless
service facilities in North Andover and outside North Andover within one mile
of its boundary;
b) Waiver to provide tree cover on the subject property and all properties
directly abutting the subject property by dominant species and average height;
c) Waiver to provide lines representing the sight line showing viewpoint (point
from which view is taken) and visible point (point being viewed);
d) Waiver(s) to provide all sight lines as described in Section 8.9.5.d.iv.1-4.
C) Waiver to provide a landscape plan including preexistent trees and shrubs and
those proposed to be added, identified by size of specimen at installation and
species;
f) Waiver to schedule a balloon test with the Planning Board at the proposed site.
19. The following information shall be deemed part of the decision:
Plan titled: Sprint PCS
SBA Tower
300 Chestnut Street
North Andover,MA
Prepared for: Sprint Spectrum LP
One Internatinal Boulevard, Suite 800
Mahwah, NJ 07495
Prepared by : Bay State Design Associates, Inc.
266 Summer Street
Boston, MA 02210
Dated: 12/7/99, revised 1/28/00, 3/15/00, 4/4/00
Sheets: T-1, CI-C3, Al
b) Report: Application for Wireless Services Facility Special
Permit,
April 14, 2000
Prepared for: Sprint Spectrum LP, 300 Chestnut Street, North Andover,
MA
Prepared by: Wellman Associates, Inc.
10 State Street
Newburyport, MA 01950
cc. Building Inspector
Applicant
Engineer
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