HomeMy WebLinkAbout2012-08-21 Planning Board Supplemental Materials (9) Town of North Andover
Office of the Planning Department
Community Development and Services Division
1600 Osgood Street
North Andover, Massachusetts 01845
NOTICE OF DECISION
Any appeal
shall be filed
within (20) days after the
date of filing this notice in
the office of the Town Clerk.
Date: August 21, 2012
Date of Hearings August 21, 2012
Date of Decision: August
21, 2012
Application of: MetroPCS Massachusetts, LLC c/o New England Wireless Solutions, LLC
Premises Affected: 5 Boston Hill
Map 107C, Parcel 11
Referring to the above petition
for a renewal of a Wireless Special Permit according to the requirements of the North Andover Zoning Bylaw, Sections 8.9 Wireless Service Facilities and Section 2.65 Special Permit Granting
Authority.
So as to allow the renewal of a Special Permit to continue to maintain and operate wireless communications equipment on an existing structure located at 5 Boston Hill. The
Special Permit was originally granted by the North Andover Planning Board on August 198, 2009.
Upon a motion by X and a 2nd by X, the Planning Board hereby APPROVES the renewal of
a Wireless Special Permit, by a vote of X in favor and 0 against.
___________ ___________
On behalf of the North Andover Planning Board
John Simons, Chairman
Richard RowenRichard
Rowen
Michael Colantoni
Dave Kellogg
Lynne Rudnicki
Lora McSherry
The Planning Board herein approves the renewal of the Special Permit to continue operation of the Wireless Communications Equipment, on an existing structure located at 5 Boston Hill.,
and ancillary equipment located inside an existing structure. The renewal of the Special Permit was requested by Bill McQuade, Agent for MetroPCS Massachusetts, LLC. This application
and additional documentation as cited herein was filed with the Planning Board on July 18, 2012, with subsequent submittals on file. The applicant submitted a complete application which
was noticed and reviewed in accordance with Sections 8.3, 10.3, and 10.3.1 of the Town of North Andover Zoning Bylaw and MGL c.40A, Sec. 9.
The Planning Board finds that the applicant
has met the following requirements of the North Andover Zoning Bylaw Section 8.9:
FINDINGS OF FACT:
The renewal application meets the filing requirements of the Wireless Service Facilities
By-law Section 8.9.12. The applicant has demonstrated that the proposed wireless facility is in compliance with FCC regulations regarding Maximum Permissible Exposure (MPE) limits, as
indicated by the reports provided by the applicant, dated November 28, 2011, authored by David C. Cotton, Jr. of SiteSafe. The conclusion stated in the reports is that the applicant’s
Wireless Facility installation, combined with the OmniPoint installation at the same facility, contributes a maximum RF exposure of less than five percent of the current Federal permissible
exposure guidelines.
The Site Compliance Report written by SiteSafe and submitted by the applicant was reviewed by the town’s consulting RF engineer, Mark Hutchins. In a letters
dated August X, 2012, and August X, 2012, Mr. Hutchins stated that the measured levels of RF Emissions are within compliance with FCC guidelines.
In addition to the SiteSafe RF Compliance
Study, the applicant submitted a Noise Study from Noise Control Engineering, dated December 15, 2009. The study confirms that the installation is in compliance with the town’s requirements
under section 8.9 of the town of North Andover Zoning Bylaw.
The Federal Telecommunications Act of 1996 takes precedence over the North Andover Zoning Bylaw. In the recent Essex County
Superior Court case of Fournier, et al. v. North Andover Planning Board ,et al., the Plaintiffs' (neighbors of the wireless facility) challenge to this Board's action in granting a special
permit was on the basis of a 600 foot setback provision in the zoning bylaw, and in dismissing that case, the Court was clear that the 600 foot setback did not control because the Court
found that the Federal Telecommunications Act of 1996 “compelled” (the Court's word) this Board to grant the special permit. Similarly, in the context of this particular application
where the applicant has filed
satisfactory current technical reports and otherwise filed sufficient information to the Board's satisfaction, if this Board were to deny the special permit here the Board would, in
the words of the Federal Telecommunications Act of 1996, be taking actions that “prohibit or have the effect of prohibiting the provision of personal wireless services” and this Board
has no intention of violating that federal law.
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:
Discontinuance Abandonment
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.
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:
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.
Proper disposal of the waste materials generated by the carrier from the site in accordance with local and state solid waste
disposal regulations.
Restoring the location of the wireless service facility in its condition before the installation, except that any landscaping and grading shall remain the after-condition.
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 from the subject property within ninety days.
Upgrades:
Any upgrades to the equipment to be installed
on the tower would require a new
structural report to be submitted to the Planning Board for review.
Annual Certification:
Annual certification demonstrating continuing compliance with the standards of the Federal
Communications Commission, Federal Aviation Administration and the American National Standards Institute, if required by those agencies, shall be filed with the SPGA by the Special Permit
holder.
Term of Special Permit:
Pursuant to Section 8.9.12.a of the Town of North Andover Zoning Bylaw, a Special Permit issued for this wireless service facility shall be valid
for three (3) years from the date of the decision for the Special Permit renewal. 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.
Pursuant to Section 8.9.8.a of the Town of North Andover Zoning Bylaw, the applicant shall submit to the SPGA at
annual intervals from the date of the decision for the Special Permit renewal, preexistent and current RF measurements. Such measurements shall be signed and certified by an RF engineer,
stating that RF 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(5)(d)(vii) RF Filing
Requirements of this Bylaw. The measurements shall be submitted for both the applicant and all co-locators. If the applicant fails to comply with this requirement, the Special Permit
will be revoked, until such time that the installation is brought into compliance with FCC Guidelines.
Pursuant to Section 8.9.8.b of the Town of North Andover Zoning Bylaw, the applicant
shall submit to the SPGA at annual intervals from the date of decision of the Special Permit renewal, 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 8.9.(5)(d)(vi)
of this Bylaw. The applicant shall forward to a separate consulting engineer, selected by the Town, the above materials for review. The applicant shall pay for such review.
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 and structural integrity of the antennas.
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.
The provisions of this conditional approval shall apply to and be binding upon the applicant, its employees and all successors and assigns in interest or control.
The
following information shall be deemed part of the decision:
Application Titled: Application for Special Permit Renewal
Metro PCS Massachusetts, LLC
c/o New England Wireless Solutions,
LLC
17 Indian Trail
York, ME 03909
Documentation Submitted:
Tower Communications Site Lease Agreement dated November 1, 2007. Lessor:
B. Farnum, LLC, Lessee: MetroPCS Massachusetts, LLC c/o MetroPCS Wireless, Inc.
FCC Communications Commission Wireless Telecommunications Bureau Radio Station Authorization dated
11/29/2006, expiration date 11/29/2021.
Notice of Decision, MetroPCS Massachusetts, LLC, 5 Boston Hill, Map 107C, Parcel 11 dated August 18, 2009.
Noise Study, dated December 15,
2009, prepared by Noise Control Engineering, Inc.
RF Site Compliance Report, dated November 16, 2011, prepared by Sitesafe.
Site Plans titled “MetroPCS Unlimit Yourself BOS0523A %
Boston Hill Road North Andover, MA 01845 Essex County”. Sheets T-1, GN-1, C-1, A-1, A-2, E-1, E-2. Dated 6/18/09 and last revised 8/03/09.
CC: Abutters
Applicant