HomeMy WebLinkAbout2012-05-01 Planning Board Supplemental Materials (62)
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: March 20, 2012, April
3, 2012, May 1, 2012
Date of Decision: May 1, 2012
Application of: MetroPCS Massachusetts, LLC c/o New England Wireless
Solutions, LLC
Premises Affected: 70 Elm St.
Map 42, Parcel 2
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 70 Elm Street. The
Special Permit was originally granted by the North Andover Planning Board on March 5,
2009.
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 MetroPCS
70 Elm St. May 1, 2012
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
70 Elm St., 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 February 21, 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 is in compliance with FCC
regulations regarding Maximum Permissible Exposure (MPE) limits, as indicated
by the reports provided by the applicant, dated November 30, 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.
b)The Site Compliance Report written by SiteSafe and submitted by the applicant
was reviewed by the town’s consulting RF engineer, Mark Hutchins. In letters
dated March 16, 2012 and March 31, 2012, Mr. Hutchins stated that the measured
levels of RF Emissions are within compliance with FCC guidelines.
c)In addition to the SiteSafe RF Compliance Study, the applicant submitted a Noise
Study from Noise Control Engineering, dated February 16, 2012 and a structural
assessment from Hudson Design Group, dated February 12, 2012. Both studies
confirmed that the installation is in compliance with the town’s requirements
under section 8.9 of the town of North Andover Zoning Bylaw.
d)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
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Special Permit Renewal MetroPCS
70 Elm St. May 1, 2012
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.
e)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
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
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Special Permit Renewal MetroPCS
70 Elm St. May 1, 2012
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
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.
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Special Permit Renewal MetroPCS
70 Elm St. May 1, 2012
5)
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.
6)
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.
7)
The following information shall be deemed part of the decision:
Application Titled
a): Application for Special Permit Renewal
Metro PCS Massachusetts, LLC
c/o New England Wireless Solutions, LLC
17 Indian Trail
York, ME 03909
Documentation Submitted:
b)
1Roof-Top Communications Site Lease Agreement; Lessor: Trinitarian
Congregational Church of North Andover, Lessee: MetroPCS
Massachusetts, LLC a Delaware limited liability company.
2 MetroPCS Massachusetts, LLC & Trinitarian Congregational Church of
North Andover Notice of Decision dated March 3, 2009
3Structural Assessment Letter, dated February 12, 2012, prepared by
Hudson Design Group LLC.
4Noise Study, dated February 16, 2012, prepared by Noise Control
Engineering, Inc.
5RF Site Compliance Report, dated November 16, 2011, prepared by
Sitesafe.
6 Site Plans titled “MetroPCS Unlimit Yourself BOS0380C Trinitarian
Congregational Church 70 Elm Street, North Andover, MA. 01845
Essex County”. Sheets T-1, GN-1, C-1, A-1, A-2, A-3, S-1, E-1, E-2,
M-1. Dated 4/1/09 and 4/14/09.
CC: Abutters
Applicant
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