HomeMy WebLinkAbout2012-05-01 Planning Board Supplemental Materials (60)
Town of North Andover
Office of the Planning Department
Community Development and Services Division
1600 Osgood Street
North Andover, Massachusetts 01845
NOTICE OF DECISION - DRAFT
Any appeal shall be filed
within (20) days after the
date of filing this notice in
the office of the Town Clerk.
Date: May 1, 2012
Date of Hearings: April 17, 2012, May 1,
2012
Date of Decision: May 1, 2012
Application of: Sprint Spectrum L. P., c/o SBA Communications Corp.
Premises Affected: 0 Chestnut St. (a/k/a 300 Chestnut Street)
Map 98C, Parcel 2
Referring to the above petition for a renewal and modification 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 and modification of a Special Permit to continue to maintain
and operate wireless communications equipment on an existing structure located at 300
Chestnut Street. The Special Permit was originally granted by the North Andover
Planning Board on November 20, 2007. Modification consists of replacing six (6)
antennas with three (3) Network Vision Antennas and six (6) Remote Radio Heads, the
installation of three (3) hybriflex cables, the addition of one (1) fiber distribution box and
one (1) equipment cabinet, the replacement of one (1) cell cabinet with two (2) battery
cabinets and the replacement of existing GPS antennas with new GPS antennas.
nd
, the Planning BoardAPPROVES
Upon a motionby X and a 2 by X hereby the
Wireless Special Permit,
renewal of a by a vote of X in favor and 0 against.
___________
___________
On behalf of the North Andover Planning Board
John Simons, Chairman
Timothy Seibert
Michael Colantoni
Dave Kellogg
Special Permit Renewal Sprint
300 Chestnut St. May 1, 2012
The Planning Board herein approves the renewal of the Special Permit to continue
operation of the Wireless Communications Equipment, and the modification of that
Special Permit on an existing structure located at 300 Chestnut St. The modification
consists of replacing six (6) antennas with three (3) Network Vision Antennas and six (6)
Remote Radio Heads, the installation of three (3) hybriflex cables, the addition of one (1)
fiber distribution box and one (1) equipment cabinet, the replacement of one (1) cell
cabinet with two (2) battery cabinets and the replacement of existing GPS antennas with
new GPS antenna and ancillary equipment located inside an existing structure. All
proposed new equipment is similar in size and appearance to the existing equipment will
not require additional space beyond the current leased area at this location. The renewal
of the Special Permit was requested by SBA Properties, a subsidiary of SBA
Communications. This application and additional documentation as cited herein was filed
with the Planning Board on March 15, 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:
a)The renewal and modification 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 will be in compliance with FCC
regulations regarding Maximum Permissible Exposure (MPE) limits, as indicated
by the reports provided by the applicant, dated February 28, 2012, authored by
EBI Consulting. The conclusion stated in the reports is that the applicant’s
proposed Wireless Facility installation will contribute a maximum RF exposure of
less than 2.6% of the current Federal permissible exposure guidelines.
b)The Site Compliance Report written by EBI Consulting and submitted by the
applicant, along with a coverage map showing existing and proposed coverage
were reviewed by the town’s consulting RF engineer, Mark Hutchins. In a letter
dated April 16, 2012, Mr. Hutchins stated that the measured levels of RF
Emissions are within compliance with FCC guidelines and that the proposed
modification will result in coverage improvement over a larger geographic area.
c)In addition to the EBI Consulting RF Compliance Study, the applicant submitted
a Noise Study from Hudson Design Group, dated February 27, 2012 and a
structural assessment from FDH Engineering, dated November 30, 2011. Both
studies confirmed that the proposed modifications will be in compliance with the
town’s requirements under section 8.9 of the town of North Andover Zoning
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Special Permit Renewal Sprint
300 Chestnut St. May 1, 2012
Bylaw.
d)The applicant had applied for and received approval for a renewal of their existing
Special Permit on December 3, 2007, which was filed at the Town Clerk’s office
on December 4, 2007. An appeal of that decision was filed by Mr. Steven Tryder
in December 24, 2007. The Appeals Court of the Commonwealth of
Massachusetts dismissed that appeal on February 13, 2012. This court action
effectively tolled the expiration of the Special Permit until February 2015, so that
the current application is well within the required three-year renewal period.
e)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.
f)
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 providedthe 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 abandonmentor 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
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Special Permit Renewal Sprint
300 Chestnut St. May 1, 2012
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 fromthe site in
accordance with local and state solid waste disposal regulations.
iii)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.
c)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.
2)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.
3)Annual Certification:
a)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.
4)Term of Special Permit:
a)Pursuant to Section 8.9.12.a of the Town of North Andover Zoning Bylaw, a
three (3)
SpecialPermit issued for this wireless service facility shall be valid for
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 dateof 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)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
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Special Permit Renewal Sprint
300 Chestnut St. May 1, 2012
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.
c)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 BylawThe
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.
5)Prior to issuance of a Building Permit:
five thousand dollars5,000)
a)A bond in the amount of ($ shall be posted for the
purpose of insuring that the applicant will file with the Planning Staff 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 bond account.
b)A certified copy of the recorded decision must be submitted to the Planning
Department.
6)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.
b)A Structural Engineer must provide evidence that the recommendations as
outlined in the Structural Report issued by FDH Engineering, dated November 30,
2011 and referenced herein, have been implemented.
7)
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.
8)
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.
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Special Permit Renewal Sprint
300 Chestnut St. May 1, 2012
9)
The following information shall be deemed part of the decision:
Application Titled
a): Application for Special Permit – Site Plan Review
Sprint Spectrum L.P.
c/o SBA Communications
One Research Drive, Suite 200C
Westboro, MA 01581
Documentation Submitted:
b)
1Special Permit Application
2 Application in Support of Special Use Permit
3Quitclaim Deed
4RF Engineering Affidavit, dated 3/15/2012, prepared by Ryan Monte
de Ramos
5RF – Electromagnetic Energy Compliance Report dated 2/28/2012,
prepared by EBI Consulting
6Structural Analysis, dated 11/30/2011, prepared by FDH Engineering
7Existing Conditions
8Cumulative Noise Study, dated February 27, 2012, prepared by Hudson
Design Group LLC
9Certificate of Liability Insurance
10Plans Titled: Sprint Vision
Site Number: BS23XC422
Site Name: SBA Tower
Site Address: 300 Chestnut Street, North Andover, MA 01845
CC: Abutters
Applicant
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