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HomeMy WebLinkAbout2012-08-07 Planning Board Supplemental Materials 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 7, 2012 Date of Hearings: July 17, 2012, August 7 2012 Date of Decision: August 7, 2012 Application of: David Archambault of Network Building and Consultant, as agent for Sprint Spectrum, LP Premises Affected: 723 Osgood St. Map 35, Parcel 23 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 723 Osgood Street. The Special Permit was originally granted by the North Andover Planning Board on November14, 2001,with 2 renewals granted, the last of which was granted on Sept. 7, 2010 . The modification consists of replacing three (3) antennas with three (3) new Antennas and six (6) Remote Radio Heads, the replacement of existing equipment and cables with new updated equipment and cables. nd , the Planning BoardAPPROVES Upon a motionby X and a 2 by X hereby the Wireless Special Permit, renewal and modification of a by a vote of X in favor and 0 against. ___________ ___________ On behalf of the North Andover Planning Board John Simons, Chairman Richard Rowen Michael Colantoni Dave Kellogg Lora McSherry Special Permit Renewal Sprint 723 Osgood St. August 7, 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 723 Chestnut St. The modification consists of replacing three (3) antennas with three (3) new Antennas and six (6) Remote Radio Heads, the replacement of existing equipment and cables with new updated equipment and cables. 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 David Archambault of Network Building and Consultant, as agent for Sprint Spectrum, LPs. This application and additional documentation as cited herein was filed with the Planning Board on June 5, 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 May 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 5% 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 July 10, 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 EBI Consulting, dated July 16, 2012. The study confirmed that the proposed modifications will be in compliance with the town’s requirements for noise under section 8.9.4.e.iv of the town of North Andover Zoning Bylaw. 2 Special Permit Renewal Sprint 723 Osgood St. August 7, 2012 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 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)The structural report by Vertical Solutions, dated June 12, submitted with the application indicated that the existing structure would require minor modification to be compliant with requirements for the proposed antennas. 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 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. 3 Special Permit Renewal Sprint 723 Osgood St. August 7, 2012 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 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 4 Special Permit Renewal Sprint 723 Osgood St. August 7, 2012 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: a)A Structural Engineer must provide evidence that the modifications to the existing structure to correct the structural failures listed in the Structural Report issued by Vertical Solutions, dated June 12, 2012 and referenced herein, have been implemented. That evidence shall include a new structural report that is certified by the Structural Engineer. five thousand dollars5,000) b)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. c)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. 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. 9) The following information shall be deemed part of the decision: Application Titled a): Application for Special Permit – Site Plan Review 5 Special Permit Renewal Sprint 723 Osgood St. August 7, 2012 David Archambault, as agent for Sprint Spectrum, LP 14 Hollywood Ave Narragansett, RI 02882 Documentation Submitted: b) 1Special Permit Application 2 Supporting Statement submitted by Network Building & Consulting, dated May 18, 2012 3FCC Communications Commission Wireless Telecommunications Bureau Radio Station Authorization, dated Nov. 15, 2010 4 Certified Abutter’s list 5Photo locations (5 pictures), dated 5/11/ 6Product date sheets (3 pages) 7Letter of Authorization from Gregory P. Csaps, Collocation Project Manager Northeast, TowerCo Site NO: MA2010 8Existing and Propose Indoor Reliable Coverage for BS54XC860 9RF Engineering Affidavit submitted by Ryan Monte de Ramos, dated May 29, 2012 10Radio Frequency-Electromagnetic Energy (RF-EME) Compliance Report, submitted by EBI Consulting, dated May 28, 2012 11Environmental Noise Assessment Report, Submitted by EBI Consulting dated July 16, 2012 12Structural Analysis, submitted by Vertical Solutions, dated June 12, 2012 13Plan: Titled: Sprint Vision Site Number: BS54XC860 Site Name: Stevens Estate Site Address: 723 Osgood Street, North Andover, MA 01845 Date: 2/27/12, rev. 5/7/12 Sheets: T-1, GN-1, C-1, A-1, A-2, A-3, A-4, S-1, E-1 6 Special Permit Renewal Sprint 723 Osgood St. August 7, 2012 CC: Abutters Applicant 7