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Home My WebLink About2008-06-06 Decision & Application Wireless SP Renewal 401 ANDOVER STREET _ wORT►{ RECEIVED Town of North Andover r0t.?�:� ��++{�-^ li�z 1 u�.nf ��'C�L+G F Office ci the l'lar:ning Department „ Community Development and Services Division /y� �7 Lam! �F !r 60U,�SgO�IU a7t�� [,.� V.� IY J 1 i I 4 i North Andover,Massachusetts 01845 sAc►+uaE NOTICE OF DECISION E'Cil4�i;.(si= Any appeal shall befiled within(20) days after the Bldg. ZBA Con/com Health Fire Chief Police Chief Date:`June 61 2008. DPW/Engineers Date of IIeariugs. May 20,2008,3une 3,2008 Surrounding Towns Date of Decision: June 6,2008 Application of; 961k Atlan&2 Mobile of Mass Corporation;Ltd d/bIa Verizon Witeless 400 Friberg Parkway Westborough, MA 0158I--$936 Premises Affected: 401 Andover Street,'MA: 01845, Assessor's Map 24, Parcel 33, and within the General Business Zoning I)isuict. Referring to the,above Application for a.Special Permit-Renewal under th.e requirements of'the North Andover Zoning Bylaw, Sections.8.9 3(a)iii and MGL C:40A, s6 as to allow,the applicants:to operate a-. building mounted wireless-service facility. Installed three strays of four panel antennas fora total of twelve antennas located behind the parapet walls and placed communications equipment. in the attic of the existing building located at 4o 1.Andover St; (Rte, 125)within the G-B zoning district. After a public hearing given on,the above date, the:Planning Board-voted uxianimously to APPROVE A SPECIAL PERMIT RENICWAL based'upon the following conditions, Curt Bellavance,Director North Andover planning Board John Simons,Chairman Alberto Angles,Vice Chairman Jennifer Kusek, Clerk Richard Rower Timothy Seibert Bell Atlantic Mobile of Mass Corporation,Ltd.,d/b/a Verizon Wireless 401 Andover Street Special Permit—Renewal of Wireless Service Facility r. The Plann4 Board herein approves the Special Permit Renewal so as to'allow the applicants to operate and maintain an existing building mounted-wireless ok.th}a arrays of four panel antennas (twelve total antennas) located behind the parapet of the existing building, an equipment room mi the attic space, and an emergency generator on t r ' r, the arapet within the General Business zoziing district. This renewal is granted p � � efts General Law, Chapter 40A and Section 8,_9.I2 of the Nc>rth Andover Zoning By�aw, antd wftl extchd-the above referenced'Special Perrb� it 'fora period three years. This Special 'Permit Renewal was . requested by Bell Atlantic Mobile of Mass Corporation,Ltd., d/b/a Verizon Wireless, 400 Triberg Parkway,Westborough, MA. 01581-3936. The application and additional documentation as cited herein was filed with the Planning Board on April 4, 2008. During the review process, the Applicant and its professional.consultants also submitted various revisions to the plans along with various .supplemental memoranda-.and, . correspondence in response to requests by the Planning Board, and by the various departments within the Town of North Andover that reviewed the project. All of-these plans, reports and . correspondence are contained in. the Planning Board's files and are hereby incorporated by reference into,the public record for this,hearing, The Planning Board makes the following findings as required.by the North Andover Zoning Bylaw Section 8.9: ; FINDINGS OF.I=ACT, 1. .The specific site is an appropriate location for the project as it is located on a pre-existing.building and will blend with the surrounding neighborhood for an aesthetic and understated wireless communication installation. Z The use-as developed-w ll.not adversely affect the neighborhood as indicated by the submittals and reports.refereheed at the end of this decision,: 3. T1ne carrier has-demonstrated that the continuation 'of the facility is necessary in-order to provide adequate service to the public as indicated by the submittals.and reports referenced at the end of this decision. 4. The plan meets the requirements of the Wireless Service Facilities By-law section 8.9,with the exception of the waivers granted. 5. Adequate and appropriate facilities will be,provided for the proper continued operation of the proposed use. The twelve(12)panel antennas,equipment room, equipment and cabling are described in detail on the plans and reports referenced herein. The carrier's existing equipment shelter will be an.unoccupied,unmanned, specialized area for the wireless communications equipment. 6. The Radio-Frequency emissions of the facility meet applicable FCC guidelines and regulations,the application is in compliance with.all FCC&other-regulatory requirements. 7, The application is for the renewal of the Special Permit and as such,no new structures,antennas, cables,or equipment will be,constructed or installed. 2 Bell Atlantic Mobile of Mass Corporation,Ltd.,dfbla Verizon Wireless 401 Andover Street x Special Permit—Renewal of Wireless Service Facility I Finally,Planning Beard find that the project is in harmony with the"general.Purpose and intent of the Town of North Andover Z6n,ing:Bylaw and generally complies with the requirements of the Bylaw'as listed in Section 8,3, 8.91 and l 0:3,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: SPEC.IA.L CONDITIONS: L ' Discontinuance Abaudonmen t a) At such-time that a licensed.carnet plans.to abandon or disOiafixzue operation-.of aweless service equipment, such carrier will notify the Torre.by.certified.US'mail -of the-proposed date of abandonment or discontinuation of opexatibns,.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 tamer within90,days from the date of abandonment or discontinuation of me. "Physically.remove"shall include,but not be limited.to: i) Removal of antennas,mourn, equipment smelters and security barriers installed by the.carrier (unless the same will continue to be used by the.,owner)front'the subiect property. Proper disposal:of the waste materials,'generated by the carrier from the site in accordance with local and state solid waste disposal regulations, i . 0) Given that there is no escrow; the Town. niay 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 originallyconstruofed for a period of six (6) months or mere; Once abandonment or disconitinuance has occurred, the carrier shall rerri0ve.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 career,shall remove the facility, Z. Terror 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 per-nit,provided that the application for retaewal of the special permit is made,pirior to the expiration date of the original or any renewed special permit. Additional measures governing the administration of the -special p permit are found in Section 10.3 of the Zoning Bylaw. b) The applicant shall'submit to the SPGA within 90 days of the issuance of'the Special Permit 3 Bell Atlantic Mobile of Mass Corporation;Ltd.,d1b/a Verizon Wireless 401 Andover Street Special Permit—Repewal of Wireless Service Facility r renevral-,.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 accurat&and meet the Noise Standards 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. c) .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 flagpole-style monopole and maintenance of the buffer and landscaping,-as-applicable. i d) .A certified copy of-the-zeeorded decision must be submitted to the Planning Department. e) 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.. 3 In an effort to.reduce noise-levelsi the carriers shall keep their respective equipment in optimum working order, through regular maintenance, any and all equipment that shall emanate sounds from the structures or site. 4 No equipment or other equipment that will emanate noise-exceeding levels cited herein shall be places on the exterior of the structure. Such equipment shall be enclosed as shown on the plans. 5 If applicable, 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. 6 The original Special Permit granted on June 2, 2005-(recorded-on April 15, 2005) and approved site plans referenced in Condition #15 by the. Planning Board are herein.-Incorporated by reference. The applicant and its successors shall comply with anylall terms and conditions of the said Special Permit. 7 The provisions of this approval shall apply to and be binding upon the applicant, its employees . and all successors and assigns in interest or control. 8 The applicant shall immediately inform the Planning Department in writing of any/all changes in name,company ownership, and contact information. 9 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. 10 .Any revisions shall be.submitted to the Town Planner for review. If these revisions are deemed substantial,the applicant must submit revised plans to the Planning Board for approval. 4 � Bell Atlantic Mobile of Mass Corporation,Ltd,,d/bla'Verizon Wireless 401. Andover Street ' Special Permit—Renewal of Wireless Service Facility 11 In accordance with Section 8.9.12 of the Zoning:Bylaw, this Special Peruut approval shalt be deemed to have Iapsed after three.(3)years.from the date.permit granted,that date.being pine 3, 2011. Prior to the expiration date.-of the renewed special permit, the applicant and its successors shall file a Renewal application. 12 The following waivers,were granted in deteriiiinmi g this decision: a. Section 8.9(5)(d)(in.)(3) Three-cover on:the subject.-property and all properties.directly abutting the subject property,by dominant,species aaad ayerage height. s b. Section 8.9(5).(d)(ii)(4)•-Outline of all existing buildings,including purpose on subject property and all properties adjacent to.the subjecf property; .c. Section 8.9(S)(cl)(iii)(8)—Identify the distances;at grade,.from the:proposed wireless service facility to each building on the vicinity place: i d. Section 8.9(5)(d)(iii)(12)-Line representing-the sight line showing viewpoint anal visible point'. from"Sight Lines". e. Section 8.9(5)(d)(iii)(13)-Location of all wetlands on subject property and within 100' .of the i proposed facility as approved by the Conservation Commission: f Line representing the sight line showing viewpoint and visible point from"Sight Lines" subsection below, . g: Section 8,9(5)(d}(iv)(l) Sight line representation,:A sight line representation shall be drawn from any public road within 300 feet and the closest facade-of each residential building (viewpoint)within 300 feet to the:highest point(visible point)of the wireless service facility. h. Section 8.9(5)(d)(iy)(2) Preexistent.(before;condition hoto lis. P lip i. Section 8.9(5)(d)(iv)(3) Proposed(after eon.ditiou)photographs. J. Section 8.9(5)(d)(iv)(4)_ Siting elevations or;views at-grade,from,the no gi'a rth, south,east and west for a 5046ot radius around the prop. ed'wireless service facility plus from all preexistent public and private roads that serve the spbject•property, I Section 8;9(5)(d)(v)(1). Equipment brochures.for the proposed wireless service facility such as-- manufacturer's specifications or trade journal reprints shall be provided for the antennas,mounts; equipment shelters,cables as.well as cable rases,and security barrier.- Section 8.9(5)(d)(v)(2)-Materials of the proposed wireless service facility specified by generic type and specific treatment. m.. Section 8.9(5)(d)(v)(3) Colors of the proposed wireless service facility represented by a color board showing actual colors proposed, R. Section 8.9(5)(d)(v)(5)- Appearance,shown by.at least two photographic sup e7rimposition's of Bell Atlantic Mobile of Mass Corporation,Ltd.,d/b/a.Verizon Wireless 401 Andover Street Special permit--Renewal of Wireless Service Facility. the wireless service facility within the subject property, a. Section 8.9(5)(d)(v)(6)—Landscape plan including preexistent•trees and shmbs and those proposed to be added,identified by size of specimen at installation and species. p. .Sections 8.9(5)(d)(v)(7)-Schedule with the Planning Board a balloon or crane test at the proposed site, at the expense of the applicant,to illustrate the height of the proposed facility. q. Section 89(5)(d)(vii)(3)—Letter from.the Massachusetts Department of Health approving the location of the site. 13.The following information shall be deemed part of the decision: -a). flan.titled, Telmomrnunaieatious Installation at:Route 125 North Andover,MA Prepared for Bell Atlantic Mobile of Mass Corporation,Ltd. d/b/a Verizon Wireless '400 Friberg parkway Westb0r0u9XMA 01581-3936 Prepared by: Daigle Engineers 1 East River Place Meth6e MA 0I 8.44 Scale: -Variable Scale Date: April 25,2001,Revised January 2,2008 Sheets: 2 b) -Application: Application by Bell Atlantic Mobile of Massachusetts Corporation,Ltd,,d/b/a i Verizon Wireless to renew,the Special Permit for the existing Wireless Sezvzces. i Facility loaatcd at 401 Andover Street,North Andover,MA-for the renewal of a Special Permit . Prepared for: Bell Atlantic Mobile of Mass Corporation,,Ltd. d/b/a Verizon Wireless .400 Friberg Parkway Westborough,MA 01581-3936 Prepared by: Robinson&Cole,LLP r= One Boston Place Boston,.MA 02108 f3 Scale: Variable ScalecC Dated: August 3,.2007 Pages: Tabs A-L -+< cc. Building Inspector Applicant Engineer 6 TIMOTHY C.TWARnowsx> ROB N S O N & C O L E>LP _ One Boston Place Boston,MA 02108-4464 Main(617)557-5900 �---� Fax(617)557-5999 thvardowsla@rc•coni Direct(617)557-5965 Via Hand Delivery � April 15 2008 p , Joyce Bradshaw Town Clerk Town of North Andover 400 Osgood Street North Andover,Massachusetts.01845 Re: Application by Bell Atlantic Mobile of Massachusetts.Corporation,Ltd.,d/b/a Verizon Wireless to renew the Special Permit for the existing Wireless Services Facility located.at 401 Andover Street,North`Ariaover,MA Dear Ms.Bradshaw: Enclosed is an application to the North Andover'PlaOning Board,submitted on behalf of'3ell Atlantic Mobile of Massachusetts Corporation,Ltd.,d/b/a.Verizon Wireless ("Verizon Wireless"),to renew'the:Special Permit for the existing Wireless Service Facility located at 401 Andover Street,North Andover,Massachusetts. Enclosed,in accordance with the Planning Board's requirements,please find one(1) full-'size copy and eleven(11) 11"x 17"size copies of the accompanying plans entitled "Telecommunications Installation att Route 125.North Andover,.MA,"prepared by Daigle. Engineers,dated April 25;2001,as revised thrpugh January 2,2003. Also enclosed a check in. . the amount of$100.00 representing payment of the;required Special Permit filing fee;and . three(3)copies of the following: A. Special Permit Application Form p pp Law Office; 13, Statement in Support of the Application for Renewal of the Special Permit; aosToN C. North Andover Zoning Map showing the location of the Subject Property; . HARTFORO NRw LoNBoN D, Map showing other.preexistent and approved Wireless Service Facilities in North. Andover and within one(1)mile of its boundaries; STAMFORll WHITE PLAINS E. Photographs of the ExistingWireless'ServiceFacility;' ' NEW YORK CITY SARASOTA www.rc,cam BOST1-9413754 ROBINSON & C LELLP North Andover Town Clerk April 15,2008 Page 2 of 2 F. Report of Donald L. Hats;jr.,Ph.D.;regarding compliance with FCC.radlofrequeney ' emission requirements and.regulatory guidelines for RF exposure; G. Report of Modeling Specialties regarding compliance with the noise level requirements H. Radio Frequency Coverage Maps;. I. Federal Communications Commission Licerises; J. Certified Abutters Listing; and K. Authorization Led ter of Property Owner L. Zoning Letterfrom Gerald A.Brown, inspector of Buildings,dated April.10,2008 Also submitted in connection with this.Application is two(2)complete sets of stamped envelopes addressed to each abutter and twelve(12)additional first-class postage stamps for surrounding towns. Please acknowledge receipt of the application materials and filing fee by date-stamping the ! enclosed extra copy of this letter and application and returning it to the undersigned. This pp rights under all application is submitted with a full reservation of the Applicants'ri ' P . applicable federal,state and local laws arid.regulations. If you have any questions or concerns regarding`.this matter,please do not Hesitate to contact me directly, Sincerely, Timo hf y C.Twardowski i Enclosures Copy to: Town of North Andover Planning Board Stephen Russell,Vital Site Services,Inc. I, RECEIVED y Town of North Andover Plannin �� 1, 52 Application for Special Pery ��G�,i� ls• Please type or print clearly. (t,el} MASSA i. Petitioner; Bell Atlantic Mobile of Massachusetts Corporation, Ltd. , d/b/a Verizon Wireless Petitioner's Address: 400 Pribercr ParkwayWestborough, MP. 01581-3936 Telephone number:• . _ 2. Owners of the Land: John �F. McGarry, Trustee bt Plum 2 Trust Address: 401 'Hanover;Street Number ofyeArs'ofownership: Approximately 24: years, 3. Year lot was created: 1979 4. Description of Proposed Project:To maintain d operate irelessw . service facility com rised of. three arrays of four anel antennas ' hidden behind the.parapet of the existing building, an equipment room in the attic space, and an .emergency generator on the rooftop behind the parapet (see attached narrative for.. further explanation) . 5. Description of Presnisesi see .attAched narrative. 6.. Address of Property Being Affected 401 Andover Street Zoning District: General Business ]District Assessors: Ma -- p: 24 Lot 33 ® Registry of Deeds: Book M 1773 . Page#: : 250 /1 7. Existing Lot: Lot Area(Sq.Ft) 32,047 Building Height 40' 6" Street Frontage: 143.301. Side Setbacks: (±) 31'.F M. 50' Front Setback: (±} 55' Rear Setback: (±) 47' Floor Area Ratio: N/A Lot Coverage., 17%. S. Proposed Lot(if appllcable): Lot Area(Sq.Ft) Same Building Height Same Street Frontage, . Same Side Setbacks: Same Front Setback: Same hear Setback: Same Floor Area Ratio. Same Lot Coverage: Same 9. Required Lot(as required by Zoning Byln�v): Lot Area(Sq.Ft) 2 ,000 Building Height. 45 1 Street Frontage: 125! Side Setbacks; 25' ; 40' i Front Setback: 25' Bear Setback: . 35' Floor Area Ratio: A _ Lot Coverage: . 10. Existing Building(if applicable): Ground Floor(Sq. Ft.) 5,400 #of Floors: 2 i Total Sq.Ft. 10,800 Height: 40' 8" Use: Office Building Type of construction , 11. Proposed Building: Ground:Floor(Sq.Ft.) Same #of Floors: Same Total Sq.Ft Same Height: Same I Use: Wireless.Service,.;!acility Type of Constrdetson . 12. Has there been a previous application.tor a.Special Permit from.the Planning Board on these premises? Yes If so,when and for what type of constnrction? August 29,. 2002 — Verizon Wireless 13, Section of Zoning Bylaw that Special Petinit Is Being.: Facility Requested section 8.9 (3) (a) (iii) 14. Petitioner and Landowner:signature(s): Every application far:a Special Permit shalt be made on this.ib6i,which is the,official form of the Planning Board. Every.application shall be filed with the Town Clerk's office. It shall be the responsibility of the petitioner to furnish afl supporting documentation.with this application... The dated copy of this application received by the.Towii Clerk or Planning Office does not absolve the applicant,from this responsibility. The petitioner shall be responsible for all expenses for filing and legal notification. .Failure to comply with application.requirements,as cited herein and in the Planning Board Rules and Regulations may result.in a dismissal by the Planning B oard of this application as incomplete. Petitioner's Signature::. Belt antic Mobile t Mas§achusettg Corpqratiori, Ltd.. . Print or type name hcre: d/b/a Veri.zop Wireless By its attorneys: Michael S. Giaimo Timothy C.'`;Twardowski Robinson & C le -LLP One Boston Pi-ace, Boston ' MA 02108 Owner's Signature: (airthorizat:ion letter:at:t:ached) Print ar type name here. John P McGarry. .Trustee of Plum 2 Trust I5. Please list title ofplans'and documents yore will be attaching to this application. (See attached. list: of plans and documents) - f E I 1. LIST.OF RLANS AND DOCUMENTS Re: Application by Bell Atlantic Mobile of Massachusetts Corpora#ion,Ltd., d/b/a Verizon Wireless to renew the Special Permit for the.existing Wireless Services.Facility located at 401 Andover Street,North Andover,MA 1. "Telecommunications Installation at;Route 125 North Andover,MA;"prepared by Daigle Engineers, dated April 25, 2001,as revised through January 2,2003 2, Special Permit Application Form: 3. Statement in Support of the Application for Renewal of Special Permit 4. North Andover Zoning Map 5. Map of preexistent and approved Wirel ess Service Facilities 6. Photographs of the Existing Wireless Service Facility 7. Radiofrequency Report of Donald L::Haes,Jr.;Ph.D.,,dated March.30,2008 8. Noise Level Report of Modeling Specialties, dated April 11,2008 9. Radio Frequency Coverage Maps 10. Federal Communications Commission Licenses 11. Certified Abutters Listing 12. Zoning Letter from Gerald A.Brown,inspector of Buildings,dated Apt-il 10, 2008 13. Authorization Letter of Property Owner p E TOWN OF NORTH ANDOVER STATEMENT IN SUPPORT OF APPLICATION FOR RENEWAL OF SPECIAL PERMIT APPLICANT: Bell Atlantic Mobile of Massachusetts Corporation,Ltd., d/b/a Verizon Wireless PROPERTY: 401 Andever,Street. North Andover,MA Map 24,,Lot 33 ZONING DISTRICT: GB--General Business District DESCRIPTION OF APPLICANT AND EXISTING WIRELESS SERVICE FACILITY This is an application by Bell Atlantic Mobile of Massachusetts Corporation,Ltd.,d/b/a Verizon Wireless(the"Applicant"or"Verizon Wireless"), to renew a special permit issued by the Town of North Andover Planning Board(the"Board") authorizing the Applicant to operate a Building mounted wireless service facility.' Pursuant to that special permit;Verizon Wireless installed three arrays of four panel antennas,for a total of twelve antennas,behind the parapet walls and placed communications equipment in the attic of the existing building located at 401 Andover Street(Rt. 125) (Map 24,Lot-33)in North Andover(the`.`Site")in the General Business District. The Applicant proposes no change to:the configuration of this facility as shown on the site plans approved by the Board in connection with the special permit., Verizon Wireless is licensed by the.Federal Communications Commission to provide cellular . mobile radiotelephone service.withirA the mairlcet area that includes the Town of North Andover. The facility that is the subject of this renewal application is a personal wireless services facility ' The special permit was issued-pursuant to a final judgrnent and order issued by the US.District Court on June 2, 2004(the"Order"). The terms,of the Order were the product of settlement negotiations between the Applicant and the Planning Board. A copy of the Order,which was recorded at the Northern l;ssex Registry of Deeds on April 15, 2005 at book 9457,page 332,is attached hereto as Exhibit A..In relevant part,the Order declared that: The installation and operation of the wireless communications facility at the Site shall be pursuant to a Special Periniti to be issued by the Board foxthwiih.and without any further hearings, subject only to those conditions set.forth in Exhibit A hereto(the "Special Permit Decision") .... The Order further states that the Zoning Bylaw provisions"pertaining to postconstruction and annual . radiofrequency emissions monitoring and reporting to the Planning Board(Sections 8.9.5(d)(i)and 8.9.8(a))shall not be enforced against[Verizon Wireless]." z The approved special permit and site plan included an emergency generator located.behind the parapet walls of the existing building. Although it has not been installed to date,it remains the plan of Verizon Wireless to install the emergency generator at the Site in accordance with the approved site plan. BOSTI-940399-2 ` I within the meaning of the federal Telecommunications Act,42 U.S.C.'.§332(c)(7)(C)(ii) and a wireless service facility under the North Andover Zoning:Bylaw.(the"Zoning Bylaw"). The facility is needed in order to fill a substantial coverage gap that would otherwise affeetVerizon Wireless service in the area surrounding the Site. RENEWAL OF WIRELESS SERVICE FACILITY SPECML PERMIT Section 8.9.12(a) of the Zoning Bylaw states that the special permit maybe 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." As will be demonstrated at the hearing and through the submitted application materials, the existing facility satisfies these requirements. ANALYSIS OF WIRELESS SERVICE FACILITIES STANDARDS District Regulations- Section 8.9.3: As demonstrated by the radio.£requency'coverage maps submitted with this application, and as will be further demonstrated at the hearing on this application, the existing facility provides Verizon Wireless with the ability to adequately service customers in North Andover near the proposed facility: Prior to the installation of the existing facility, Verizon Wireless' customers experienced dropped calls or inconsistent swviee due to the lack of a Verizon Wireless facility in this vicinity. The availability of reliable wireless communications service enhances community safety"and is increasinglyrelied upon'by civil defense and other safety officers as well as-the general public in times of crisis,natural disaster, traffic accidents and similar circumstances: It also provides a convenience to residents and is an attractive feature to businesses and service providers; including plumbers,contractors,repair personnel and others who desire portable communications such as day-care providers and recreational facility attendants, The existing facility provides these services.to residents and business people within and traveling.through North Andover, and therefore promotes the health, safety, convenience and general welfare of the inhabitants of the town. (Section8.9.3(a)); The existing facility also satisfies the locational standards of the Zoning Bylaw because it is located on an existing building and the antennas are hidden behind the parapet wall. ('Section 89.3(b)). Dimensional Requirements-Section 8,9.3(c): As shown on the Site Plan,the existing facility satisfies the general height limitation of Sections 8 9,3(c)(i) and (iii)because it is a roof-mounted facility that does not project more than ten feet above the height.ofthe.existing building, The site was constructed pursuant to a variance issued by the Zoning Board of Appeals granting relief from the 600 foot setback requirement of Section 8.9.3(c)(v)(i). Design Standards -Section 8.9.4: As dernonstrated:b'y the Site Plan and the photographs submitted with this application,the existing facility was designed and installed in a manner that, satisfies the design standards set forth in Section 8'.9.A .of the Zoning Bylaw,..as follows: ■ Section 8.9(4)(a)—The arrays of panel antennas are hidden'behind the parapet wall of existing building,completely screening them fr6m.,-,view. The equipment shelter is located within the attic of the building and the approved emergency generator will be located on the roof where it will be shieldod from view by the building's existing rooftop- parapet enclosure. 2 ■ Section 8.9.4(b)—The existing facility does not require any exterior lighting and does not incorporate, any signs thatwould fail to satisfy Section 8.9.4(b)(ii). • .Section 8.9.4 e —The existin facility-is:is riot located on an historic structure. O 8 Y . - Section 8.9.4(d)—.The.*cxisting facility is not located within three 4andred(300)feet of a ,:..'. Scenic Road, Section 8.9.4(e)--The existing facility is.not located in a wetland resource area and no hazardous waste is discharged on the Site. As demonstrated by the report prepared by Modeling Specialties,included with this application,and as will be further explained at -the public hearing on this application,the noise generated by the existing facility satisfies the standards of Section.8.9.4(e)(v). • Section 8.9.4(f)--As set forth in the report of Dr Donald L. Haes,"Jr.,included with this . application, the existing facility is in compliance with all applicable federal requirements for RF emissions. Because the Applicant:is.not proposing any changes to the existing rooftop facility,it is requesting a waiver pursuant to Section 8.9.5(d)(ix)of the structural engineer certification-requirement of Section 8.9.4(f)(ii), Application Procedures-Section 8.9.5. This application:to renew the special permit for the existing facility complies with the application procedure requirements of Section 8.9.5,except that waivers pursuant to Section:8.9.5(d)(ix),are requested, as follows: • Section 8.9.5(d)(iii)(3)- Depiction on the site plan of tree cover on the subject property and all properties directly abutting the snbject property, by dominant species and average height is unnecessary, since.this is an existing stealth facility and no changes are being proposed. • Section 8.9.5(d)(iii)(8).--Depiction writhe site plan of distances, at grade, from the existing facility to each building on-.the vicinity plan is unnecessary since there is no change to the existing facility proposed. • .Section 8.9.5(d)(iii)(12) Depiction on the.s'ibe plan of sight lines.sho�wing viewpoint,and visible point is unnecessary since this is an.existing stealth facility.and no..changes are being proposed. i Section 8.9.5(d)(iii)(13)--Depiction on the site piano£all wetlands on the subject property and within one.hundred(100) feet o£the existing facility as approved by the . . Conservation Commission.is unnecessary since,no.work is proposed:in connection with . this renewal application, ■ Section 8.9.5(d)(iv)(l)-(4)—,Sight lines and photographs: Photographs of the-existing facility are submitted with this application. 3' I � i • Section 8.9.5(d)(v)(l); (2) -,Eq,uipm:on't brochures for.the proposed wireless service facility and materials of the proposed wireless service facility specified by generic type and specific treatment. This'information is not necessary since.no changes are proposed N to the existing stealth facility. • Section 8.9.5(d)(v)(3) Colors of the existing facility represented by a color board. There are no changes proposed to the colors of the existing facility; • Section 8.9.5(d)(v)(5)-Appearance shown by at least two photographic superimpositions of the wireless service facility within the subject property. Photographs of the existing facility are submitted with this application. • Section 8.9.5(d)(v)(6)-Landscape plan. This'plao is unnecessary as there are no changes proposed to the existing building-mounted stealth facility. •. Section 8.9.5(d)(v)(7)—Balloon or crane:test: This is uaiinecessary as there are no changes proposed to the existing building-mounted stealth facility. • Section 8.9.5(d)(vii)(3)—Massachusetts Department of Public Health(`DPH )approval a i letter. Verizon Wireless notes that DPH does not require or issue appioval letters for . wireless communications facilities such as the one that is the subject of this application. • I Section 8.9.11(c) Annual certification regarding FCC; FAA and ANSI compliance: Discussion of Requested Waivers Section 8.9.5(d)(ix). Verizan Wireless requests that the Planning Board find, as required by'Section 8..9,5(d)(ix), that the information required in the . foregoing sections from which waivers are being sought by Verizon Wireless is not needed for a thorough review of this application because the application requests only that the Planning Board 'renew the special permit for an existing stealth design;roof mounted facility. The Applicant proposes no changes to the existing facility in connection with this application and therefore the environmental, aesthetic and other impacts of the Site will likewise not change from the existing conditions. ANALYSTS OF SPECIAL PERMIT STANDARDS Conditions for Approval of Special Permit Section 10.31: The Existing facility also meets; the conditions for approval of Special Permit set forth n'Zoning Bylaw Section 10.31:. Specifically, the existing facility: • is located in a business'district that is appropriate.for wireless communications use; • does not affect the neighborhood or create.a nuisance or hazard to-vehicles or pedestrians because it involves no customers-or employees; d therefore creates no additional demand on water or.sewer service..Fuitheimore,'th6 existing facility creates no traffic r impact because it requires only approximately one.round trip per month by a standard ■ passenger vehicle during normal business hours for maintenance. . 4 r uses standard electrical power.and has no artificial exterior lighting; aiid . is in harmony with the general intent and purpose of the Zoning Bylaw with regard to , wireless service facilities because it has been designed;installed and.operated in a manner that minimizes any visu4t and environmental impacts and any potential deleterious impacton property value upon:properties located within the Town or adjacent thereto. Moreover;the installation is consistent with the commercial character of the neighborhood and has no impact on the natural enviroiimer t. CONCLUSION For all of the foregoing reasons and based on this application and such additional information as �. will be presented at the hearing,the Applicant respectfully requests that the Planning Board renew the special permit to allow the continued tse and operatioh.ofthe existing facility at the . Site. In filing this application, the applicanf reserves all of its rights under federal, state and local law as to all matters associated with this application and the existing facility, Respectfully Submitted, Bell Atlantic Mobile of Massachusetts Coaporatian; Ltd:;'d/b/a Verizon Wireless By its attorneys, 1VIiahael S..Giainio,Esq. Timothy C. Twardowski,Esq. RQhinson&Cole,U P One Boston Place Boston,MA 02108 (017) 557-5900 Dated: April 15, 2008 H BK 9457 PG 332 Ai UN MD STATES DISTRICT COURT . FOR THE DISTRICT OF MASSACHUSL - CELLCO PARTiVMHfI1R 4WA ) �, VMMON WMELi?SS, V THE TOWN OF NORTH ANDOVBR, ) MASSACHUSETfS'TfM TOWN OF t t NORT11 ANDOV.ER PLANNING 60ARD, } C.A.NO: 03CV10362M1,3L and JOHN STMONS,ALBERTO ANQLBS; EBL3PE SCHWARTZ,RICHARD NARDELLA ) GEORGE WHITE.and JAMES pHRMY, ) as they are the Members and:Assochite. ) f Members of tho Town of North'Andover j Planning Board, ) c' Defendants. ) w � I RML 3HDGMM M0_Q&D9R The Joint Motion oftho plaintiff Collco.Purtrnembip dlbla Vcrigon Wireleme'venzon Wireless"),a Delaware gonoral partnership with an offieo at 400 Ptiberg Pprkmy, Westborough,. Maesachwsetis,and wilh a pnnoipal place of business at i so wasliington Valloy Road; Eedminstor,Now Jersey phd the D? feudgnt.Toiwu of'N.y th'Andovir{Town'),a duly eonadtutO Municipality in Esaox County,Massaalrnectts,with ito pAtrcjpal d9oc tatted at 120 Main Sheol,North Andover.MA; and.the Ucfc�dart Planning board of the Town.of Norih Andover('Board"),a duly coustjtutcd botu�d with.an ufficc lopakd at 120 Main Street,North Ar$ovcr,MA and the ltfmdant rucha.bers,asom.latc mcrabera and foiMer rnembcm of the Platzrting Board,reproscarted by eneuel; for'Entry of Final 1udmcztt ivi $avrua boforc the 8K 9457 PG 33 Court,and all interested-paitiea having bren serveel with'notice thereof,and a hcarirrgbaving been held,it is hereby ORDERED.as fbilows: I, Vaxizon Wirelosa:rtray locate its Wireless communications town and wireless communications facilitios on and Within aM.c;�.isft buitditlg at 401 Andover Strool,North Andover( Site"), 1`he installation and.operuaw,of.the wireless eommunlaetions WIltyy at the Sits shall be pursuant to a Spm-lal Pe t,to bo issued by thc.B�ard fortbwith and without any. further hearings,subject only to thoso conditiow set forth in Exhibit ►bereto("the SpW al Permit Declsion" and the variance roviousl issued b. .the Noth Andover Zoning Soerd of . ), p Y y . B Appeals,without the need for any further Oemits or approvals other than a building pernut fkvm the'Town of forth Andover Building Ynspeotor.:.The Pljinning Bgard shall,promptly upon request by Vciizon Wiraless,oado.nernylar plans and take such otlroF aptions related to its authority that may bo nccossaryor.appropiiate to efTeotttate and tacl,litate the obtaining of a building permit and,ocouponoyp=ft by Cells o:Theprovisions of the North Andover Zoning Bylaw pertaining to post-construction and annual r4ofroquenoy emissions monitoring.and reporting to the Planaing Board(Socoona 8,9.5(4)(O and&9.8(a))shall not be enforcod against the Plaintiff. The Plaitlti t'repre c #s arrd'agreas that it will Oporvo its facility in compliance vrith applicable Fodcral CoMi muhicat orw Cornzission require nests. 2. The Refe'ttdant Town,ofNort .Arldovar,throUgh its,munieipai baaida and oftiaials,shall upon appli,catiog and lire prosoniation of"any plaits,fees and other inf'ormatfon.as may be required by the stake Building Code for such documents, forthwith issue any nemssary . building penn its, oloctriW porwits.4nd cortifleate of occupancy for the.construction and u6e of K ' 9457 PG 334 lha proposed wireless commoiii ions fac l€ty at the Situ iwaucordw frith the Special Permit Decision, 3. Upon the iasWMs o ofbWld4-pemsits by the Town ofNorth Andover as set IbAh above,the Piaintiff.shall file with the state cbttrt a stipulation disrniasing its state inning appoal Land Court Dogt, Misc.No.281982, 4. In the event Verizon Wiretaes applies lo: he.TOWO of.Not*Aado'►er fair zoning permission for any flours wiWM.conuMunioatiprt facility that is not the sabject of this Judgmcnt,nothing coaWned in tW.lodgment ai the state 84utaiious of D3lisraissal entered pursuont hcrdto shall'opefate as l to or,coslateral estoppel with respect.to anyaieim or defense asserted by any party in auy li#igalian aiising:out of any such application. S. Duch party shall bm it$awn cow,i cxudu attomney$, fees,arW there shall bo no damages awarded. tot I,askar,J. UhIted States Vistriat Court Date: ��! ,24Od .. .......�............. ...T.� __, � _ � � . _._ � � -- — �T �.o �_ .. .......w.. EXHI IT A On the Application by verixm wlrvjoss for a wirelegs service facliitY ape—dai.wmit and a situ plan special permit with,respect to property located at 40t Atid6vei-Strcet;,Noroi Apdovar, Massashusctts owaod by John McGoy,Plum 2 Trust,401 Andover SUM,North A.ndaver . pursu$nt to a deed recorded at Eswk R4stry.of 13ecds,b6ok 1773,Page 250,..thc'P)anning Board,ptiesuant to the Judgpiimt and Older of-the Federal D3sWet Court lashes t}te requested Special permits as followsE :Wireless Servico j?4CKity Spacial For t The Planning Board makes the following fii4rW as required by the Noot Andover,Zoning Bylaw Section 8.9: - Findings of Fact: I. The sntcnm arrays are to ba.aMxed.behW the parapot of 10,loxiWns Structure and painted the same-solar as the shtMare to oarnoa ft6 the fe►oility;"a Minimize, visual impact. Ancillary-equipincntand tlte.struco=and behind the parapyt.,The installation will be in adearddntm with plans entitled "TeICGornrnunications Insanitation A Route 1-25 North A idovq,MA"prepared by Daigle BngWccrs,Inc.,dated Apri123,2001;Drawings No.$4 and 8-2 as mostroontly rovivA , on January 2,2W3. 2. The Radio-Frequoncy emissions of the Witty utcot applicgble FCC SWIclincs and rCgulalipnS. I 3. The carrier has demonstrated that the facility i$necessary it order to provide a4cqu4tc service to the Polio: 4. The plan meets the requirirmerds of die Wireless Sm, Joe Faoihtiets-fiy»law Section 8.9. S. A zoning variance for rclicf of 526 feet from the 600 foot"fall Zone"setback was granted; on Augost It 2002 by Toning*aid ofApeals, 6. Adequate and appropriate fbcilitibs will be provided f6r tho-,proper opmadon of the propasocl fhoilityr. 7. The use as devoloped will'oot advmcly af.cot the neighborhood as indicated by the submittals nod reports referenced in this decision. Site.Plan Spacial Permit Tho Planning Board makos tho-VIpyring firidings as. irod]y the North Andover.Zoning Bylaw Section 8,3- ll PG 336 Findlogs of Fact: 1. The use will snot result in any nu1woc qr seHbus-h*6W to vehiolts Or POOStOw. 2. There will be rni;nirrfal alteration tc,tl10 c tiWug site of s.' u ura as a r�OAncit of this facility. Finally,the Planning Board finds that this project gch"Iy complies with the Town of North . Andover Zoning Bylaw wgW*=C is as listen it,SvcV6n6$3,8.9,and 10,3 but rc quh= conditions in order to be My in cctxhp4ace. The'Planni. hoard hereby aPPror►as the requested special permjts subject to the following conditions; . I. The t of�the. ial t's sub to the�fallowl a terms and conditions; f� sptx p� t g i. Tho anteniaa"s ere to be of d be d the pamet of an existing structure and painted the some coaoT as the stnictarc to aamou�age*0 faciUlty and minimize visual impact, Anailiary equipment and generators will"be located widA4 the stMcture and behind the parapet: 2. Discontimume and AbandO. Mcttt, a) At such time theta Deemed carer plws to Oudon or discortlloue operation of wireless smlo6 tgiti}s t;such farrier wlll notify the Town by nertilled U$,mail of the proposed date of abimdonrrmoit or diseontitnuation of oporationg.�Sitch notica*Ube given tno less than 30 days prior to abandontneht or di ontjcnuation of operations. In ttne event that 4 licensed cwier fails to Ova such notice".the:Wires scrvice. equipment shall be Wnsidered pbimcfariW upon discontinuation of` I operations: 1n) Upon Abandonment or discontlnustlon of use,the c a iiier shall physioml.y . remove the wirclos.service equipmcnip.14op.4 vn the gtta by the cuter � within 90 days fmm the dote of abaudon6cM or disc ntinuation oruse. : "Physicolly remove"shall enclodo,but riot be.litruted to: i.. Removal of antennas,mount,"al►iipiment shelters and sectulty bairiors installed'by tho carder(unim the a trio will continue to be used by the owner)from tho sub*t property. I Proper dispersal of the waste mKterials gcuMted by the earner from the sito in.aecor(Lwoo with locat and state solid waste . diapoSol.roguluPlins. e) Given the natuie ofthe facility,no.oacrow is..requirod under Bylaw se4on I d) 1tc 01104=1 sly RK dacmOto be abaa sad ors 1%Wtinuod if it has : not been used for the pu4iosa fbr wlnfeth itwas-odijp. y cobs# toad for a lreriod oNix(d)months or more otter the use cornmcatces..NCO abandortar:ezmk ar discontirrtiar►aa has ocourrod the rider$ball remove the i c quipmtnt placed by tho carrier froin 4be subject pmporty within nirtaty 12 BK 9457 PG 337 i 3. Perfolrmanae(�i taxwtxs: Given the nature of this facility, a shall natIa aired undo Section 8.9.11;x of the Zoning oyltiv . b) Cxivon.the Amore of this facility;no owow is rpquliod-under SWIon' 8.9A 1:b of the Zoning Bylaw to cover atai1ua11ttaiiatcrtanCe of the futili(y. c) The$ps�citti ROr�il holtieM•shall�ttnu�l�i Ai?,�anttarl►15..Rio a dcclart�tion with the$POA testifying tlto o0tiitmtin&Oration of this facility M cor6p4avcc with the aid ndards of**"Fddc COITMibllEliCAdOn8 Ctxntnission,Fedeml Aviation Adminiatvntion W the American National Standards Xiastftutt, 4. Terms of Sp04141 Pertwt: a) A Special Permit]sauod for nay wiMIM remko facility shall be va)id f'or three'(3).yeara troti the date ofits isttt atu4.-Ifip aptpW p=9t may be mewed ardor tho one criteria as tits oriOttA speoial permit,provided treat the application fox renewal of tit -spacial permit is made prior to the expiration dato.of the original.or any renewed special pennit. Additignsl measures,governing the WFniiiistratidn of the sp064peritlit are found in Station 10.3 ofthc Zoning Bylaw. b) After the wirelea service facility.is in operation the applicant shall submit to the SPCA;within 90 days o f the issunnce o f the SpeoW Ptrmit,and at aimual intervals from the date of isetwee Orthe Spooled permit, preexistent and current measttreanen#a of acoustic noise firom the.wireless service facility. .Such rneasuremenls shall be oerti tied and SIVed by ail 4�0iastical enjoneer,stating that noise mettspt'onients are accurate and meat the Noise Standards sub-secti6n 6,13.14.5 of tills Bylaw.Meatsurements shall be taken at a Wation that is.30 feet from the pmperty line of the subjdot prvporty in the-direction of the noarM residonon, c) The applicant and co-upplicont or thoirsuccesspr in ixtt00st shall ttlaintain the wireless service oqt ipment in goad conditi n. .Such zfwotontinoe shalt include,but shall not be limited to;painting,etruct4ml iiampity ofthe equipmont. S. The applicant shall zubrrtit"4bwlt plate to lire Rianniteg Bald t 3o�t completion of tho construction tkwhorizcd by(iva.spwial app.4cant to submit* built plans within 90'daya of comer W64 aporatiotts.atthe site dWI00ti4taa pimming Hoard to revoke the permit until such the as the as-built plans sre�subtnitted,, d. Prior to dw start ofcoriatructiow. a) A construction schedule shalt bo c0r0tedd to the Planning Staff for the 13 e e . pwpow oftrawns_tho COMWctiOrt aMd irl o.=idg the public of anticiQatcd ac vities vn the Site. 7. Prior to FORM U V*fio ou MuildiW.Pcraiit inuanceE); a} The.Anti site plan mylatM`must be in orsW' snd throe{3)copies of the sigtled plans trust be delivered to the Pla 00partment. b) A oertified v'opy of thetit�t recorder!decision must bd'a w tt d to the Plamtirrg Ue�a�mcmt. : : S. Prior to vcrfficationof tho Cettlll(Mty of OMPO syr a) Thd appliml must$"it a letter frt the architect or CZWMear of the Project.stating that the const:raction and operations substantially.comply with the plans as endon.0 by the Planning Board. s, Prior to tine final Mlow of stsrurity: a) A final as-bgilt plan$howilij 1"tnal nonstnWon and location of the wireless haridWare shall be Sultinitted to wW wylowed by tha Planning ' StaflE: 10. Any etpck fli oFmtitot'ials d. wood Cons"Won tnawdal ere. must be � shnvruu an a plan and t viawecl and.tpprovzd by the Pl ng$t ,Any approves piles most remain covered at all times to tnialii any dust problcni that-may occur with 4accnt. propertics. Any stock piles to remain for-longer Ow one wock utust be fenced off and cavomd, 11. In an ef1brUO.reduca noise level;the applicant-shall keep in optimum working otdor,through regular maintenance,any and all equipment that shall ernauate sounds from the structures or site. 12, No egwpment or other equipama-that will atnsante noise-cxceadipg levels cited herein shall be plwd on ft exto pt ofthe strutiturd. Such ogiulpment slta -bd,e>aclosed as shown on the plans: 13. All site lighting 044 prnvide se udty for tiro sitg and sttuotures howcvcr it must not errata any glare or p€ojeot Any light Cntd adluaent�residAntiat properties. .: 14. The cobtMdo rshhall.contact Dig Safe at Imst 72 hours prior to cammencW any axcavatian. 15, The provlsions of this approval shall wly to rind-be binding upon the applicant, j its omployoes and all successors and assigns in fnterest or control. 16, Any mviaions doll be aubrnittosl:to the Town Pis Tutor for roviow. If thew revisions will have as ubs#andal irnpao#on the,extodor appeance of the,facility,the applicant rnust submit rcvisod plans to the•Plwniq Hoard for approval. 14 e C r ' BK 9457 PG 339 17. This spedW pwaltshall be d emod to havc IWed 3 yean from the dale the ponx it was issued pursunt to the order of th8.Gaut,unlcis substantial use or con ctio-O has commenced. Substantial use or ow4truciian W the.evmIt.Qf a d4ute,will ba detanilinc&by majority vote of tba-01mving bagd.ba.W on the faots 4n4applicable law, 1 i si _.. Valw .e . AP k Ilk.►— y JF� �G �C•- ' ( �' A��h-f'-Y�ti.`. ;ailµ-iero.�• i,..w� d�J-�,,,,:- . f` J' T Current Sites -Surroundin To n.o g w North Andover THUEAD3 WELD LA REABE 3 MA GEORG TC 1 2 E N _MA_N WREIOaE`S_ A LAWRE4SE D M _2 MA SHAWSHd VILLA N A OMA ,HD Sasslon:Andover User.flamja Thu Apr 10 11:1&22 200a U7M Zane 18 Daum:W83 Conter LaL 4240-42.88 N . 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'� �; r � 4 �lF r rl 1� s r, x.r � aa�;��f• � � .1 c � t' � r ,•t: f' h ) I _ f F• Y i` �r �5 a;fi4 Akl i f C _ may, � � •' Donald L. Haes, Jr.., P&D.;:CUP Radiation.Safety Spi cdalist . MA Radiation Control Program.Health Physics Services ProWder Registration#65-0017 j P.O.Box 368,-Hudson,NH 03051 Voice: 603-303-9959 Fax: 603-38663i5 Bmail:donald_haes_chp@verizoii.net Marcli 30;2008: Re: Verizon Wireless er ortat wireless services antennas'mounted on the existin building P l; g located at 401 Andover Street in North Andover, MA($ee Figure 1). PURPOSE I have reviewed information pertinent to the installation at the above location. In order to determine regulatory compliance;actualfieldmeasurementsofexistingambientradio-frequency[RI~] fields have been obtained.' The measurements included ambient RF fields from all FCC-licensees, and the contribution from Verizon Wireless.only: The physical conditions are that Verizon Wireless . personal wireless services directional.panel antennas for both their Vederal'Communications Commission [FCC]-licensed Cellular. and PCS technologies are: 'mounted on the roof top of the building behind a screen wall. The measured.values of RF field levels are presented as a percent of current Maximum Permissible Exposures[%MPEjas adopted by the FCC';'. (With l00%signifying an acceptable amount). SUMMARY i The measured existing ambient RF field jo,vels.for all FCC-licensed activities.indicate the . ' maximum to be Tess than one percent ofthe cutreht State and Federal maximum permissible exposure limits. The contributions solely from Verizon Wireless indicate the'maximum to be less than one- tenth of one percent of the current:State andfederal maximum permissible exposure.limits. -These RF measurements are accurate, and meet both FCC and the MDPH guidelines. ' Based on my extensive experience with personal wireless services facilities, and.the RF fields I have measured, it is rriy expert opinion that the Verizon Wireless personal wireless services ' installation complies with FCC RF emission requirements of the 199.6'Teleconvbunicat ons Act,and regulatory guidelines for RF exposure. ' Note:The professional analyses,conclusions and opinions are based upon the precise parameters and conditions of this particular site;existing budding at 401 Andover Street Sri North Audover MA.Utilization oftheseprofessional analyses,conclusions and opinions for,anypersanl wixeless services installation,existing or proposed,'•other than the aforementioned have not been sanctioned bythe.author;and therefore should not be accepted as evidence of regulatory . .. compliance. RE EXPOSURE LIMITS AND.GUIDELINES The RF exposure guidelines adopted by the FCC are a combination oft.ho standards published by the American National Standards Institute.(ANSI)3 acid.the National Councll on.Radiation Protection and Measurement(NCRPY. I At fi•equencies licensed to personal wireless services providers by.the FCC,the values of the aforementioned standards,are analogous.,The RF exposure limits are divided*into two categories: "Controlled / Occupational.areas" (those areas restricted to access by RF workers only) and "Uncontrolled/Public Areas" (those areas unrestricted for public access). Listed in Table I below are the-applicable RF exposure limits for uncontrolled areas as they pertain to the operating frequency bands of the Municipal services,and the personal wireless services industry, such as the"cellular"bands(-900 f 100 MHz) and the PCS bands (--1900:100 MHz). Table I; Maximum Permissible.Exposures in Uncontrolled/.Public Areas For Emissions from,Personal Wireless Services Facilities ® Frequency Bands 'Maximum Pernihsible Exposures ■ 30 - 300.MHz 260 A/cm, 2 300 _,I500 MHz f/1.5 in pW/cm Note: 1 mW— 1000 µW=0.001 W *For equivalent plane-wave power density,where f is the frequency in MHz. Page.-2- PERTINENT SECTIONS OF THE TOWN.OF North Andover ZONING BYLAWS* § 8.9 Wireless Service Facilities (8)Monitoring and Maintenance j a)Amer the facility is in operation,the applicant shall submit to the SPGA,within 90 ' days of beginning operations and:at'anival intervals from the date of issuance of the Special Permit,preexistent and current RFRineasurements.Such measurerhents shall be signed and certified by an:R- engineer, stating that RER measurements.are accurate and are in compliance or why the measurements fail to comply with all applicable FCC Guidelines! as- `specified ui Section 89(4)(c)(1) RFR. Filing j Requirements of this BylaW. The measurements`shall be submitted for both the' applicant.and all co,locators. i 1 , b)After the wireless service facility is.in operation the applicant shall submit to the.. SPGA;within 90 clays of the issuance of the Special Permit, and at'annual intervals from the date o f issuance ofthe SpecialPernut,preexistent and current measurements of acoustic noise from1he 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 c) The applicant and co-applicant or their successor in interest shall maintain the wireless service facility hi good condition. Such maintenance shall include,but shall ' not be liinnnted to;painting, structural integrity of the mount and security barrier and. maintenance of the buffer:and landscaping. d) Failure to obtain the iiiforbiation required in tbis'subsection 8.9(8) of the Bylaw shall result in a:fine of not more than P00 A611ars.for each offense. Each day that such violation continues shall constitute a separate,offense. i * ZONING BYLAW 'TOWN.OF NORTH'ANDOVER Last Amended July 10,2006 Page-3- 1 - a l- 31 1 � rr t A��i + � •.STD'.+.T%i'��t�'. ?� '="i"T�"M T'.i'_ Y _ tAlrnir Div :s- �► AS �L 3 y.,.___ ✓ `,ram r�w i MEASUREMENT PROTOCOL RF field measurements were obtained on March 21 200$ using.. accepted scientific procedures.s°s The temperature Was 39°F With sunny skies. The,measuring equipment included a Narda model SRM-300 Electromagnetic Radiation Meter/Spectrum Analyzer with model 3AX 75M-3G Broadband Isotropic Probe. The instrumentation can provide a meter read-out ' oMPE (percent FCC 1997 Maximum Permissible Exposure)for members of the general public within the frequency band-from 75 MHz to.3 GHz.- The readings can be obtained in two different modes: (1) A "Safety Analysis" anode; where.'the total RF field can be'examined within each frequency band licensed by the FCC(88 MHz to 3 GHz)';.along with the total of the entire band 75 MHz.to-3 GHz. The instrumentation provides a meter:read-out in percent FCC 1997 Maximum Permissible Exposure,for members of the.general public. This "Safety Analysis" mode was.used to obtain the RF field values representing the "current RFR measurements"as outlined in § 8.9(8)(a) ofthe zoning Bylaw, .Town of North Andover.. . , See results, Table Il. (2) A"Spectrum Analysis" mode, where the total RF field can be examined with a visual ' representation of the spectrum(See example Figure4) and the value of each peak identified by frequency. In'this manner,and knowing the:FCC-licensed frequencies(for both cellular. ' and PCS bands) operated at the site by Verizon'Wireless, information regarding the contributions fromVe.rizon Wireless Daly canbe`obtaincd.Whenthis value is subtracted from the total RF field values obtained in the "Safety Analysis"anode, the resultant value then ' represents the RF field values absent of Verizon Wireless;and represent the`preexistent RFR measurements" as outlined.in§ 8.9(8)(a) of the Zoning Bylaw, Town of North Andover. See results,Table M. The RF field measurements were obtained during normal use of the existing transmitters at the various locations(See Figure 3).. The results within each band are listed in Tables II.and III for the"current RFR measurements"and"preexistent RFR measurements",respectively. Page-5= i 'i i ,�: I 4w •��+ m• 1 e t� v, �y `m 4 Figure 3: Locations of RF Field Measurements 401 Andover Street in North Andover,MA. e narda —Sall rty TtN6oA,phs icca f jo 01 - - -I -- 1 ilk sw I - f I p�Rll Isotropic ResUA 5tanderd. FCC GP Figure 4:.Sample Spectrum Analysis of Mens0ement Location #1 Page-6- r r RESULTS r .Table 11: Results of RF Field Measurements Representing the"Ca rrenf R.FR Measurements" r 401 Andover Street and Surrounding Area,North Andover,MA Location Number Percent Public Magnum Permissible (See Figure 3) Exposure(%MPE)* 1 0.314% E 2 0.353p/o 3 0.313% i 4 0.318% S 0.206% 6 SO:261% ` 7 0.238% S ; 0.240% 9 0.217 10 0.278% r * Total,75 MHz 0 GHz:%MPE Memhers.of the Public r • r r Table 10:Results of RF Field Measurements Representing the"Preexisting RFR Measurements" 401 Andover Street and Surrounding Area,North Andover,MA Column 2.minus Total Percent Public Total Contributions Column 3 Location Number from Verizon Representing Maxuriuni Permissible . (See Figure 3) ° � Wireless Only; "Preexisting RFR Exposw'e( /o Ml'E) AVE) Measurements" %MPF 1 0.314% 0.004% 0.310% 2 0.047/° 0.353°/0 ° 0.306/°a 3 0.313% 0.01.6%. 0.297% . 4 0.318% 0.079%. 0.238% 5 0.206% 0;029% 0.171% 6 0,261% 0,083% 0.178% 7 0.238% 0.082% . 0.156% i ° � o 8 0.240% 0,060o/o 0.180/° ■ 9 0.217% 0.083%° 0.134% . 10 0.27811/o ` 0.076% 0.20,2% * Total, 75 MHz - 3 GHz;%o MPE(Public) I � Wage-8 CONCLUSION rThe measured existing ambient RF field:levels for all FCC-licensed activities indicate the maximum to be less thanane'perceant ofthe currents ta.te and Federal maximum permissible exposure limits. The contributions solely.fromVerizon Wireless hidiaate' the,maximum to be,less than one- tenth of one percent of the current Mate and Federal maxirnum permissible exposure limits; These ' RF measurements are accurate, and meet,both FCC• nd the`MIJ PH guidelines: Based on my extensive experience withpersonal wireless services facilities, and the RF fields. 1 have measured, it is my expert opinion..that the Verizon Wireless personal wireless.services installation complies with FCC"emission requirements of the.1996 Telecommunications Act,and regulatory guidelines for RF.exposure, is i Feel free to contact me if you have an gu"tioris: Sincerely, Donald L.Haes,Jr .D Certified Health Phystcist. Note: The professional analyses conclusions:and o inions axe based upon the precise parameters and wnditions of Y. p p this particular site;existing I nWlding at 401 Andover Street in North Andover,MA.Utilization ofthese professional analyses,conclusions and opinions for any personal.ivireless set�vices installation,existing or proposed,other than the aforementioned have not been sanctioned by the author,and therefore should not be accepted as evidence ofregulatory compliance. Page.-9- i Donald L. Haes, Jr., Ph.D., CHP Radiation Safety Specialist MA Radiation Control Program Health M3?gics Services Provider Registration 465-0017 P.O.Box 368,Hudson,MA 03051 Voice:603-303-9959 Fax:603-386-6313 Email:donald_hae h iverizon.net . STATE)WENT OF CUTCFICATION 1. 1 certify to the best of m knowledge and behef,the statements of fact contained in this report Y g. .. � p. are true and correct. 2. The reported analyses,opinions,and conclusions aFelimited only by the reported assumptions and Limiting conditions; and .are personal, imbi.gsed professional analyses, opinions and conclusions. 3. I have no present or prospective interest in the property that is the subject of this report and I have no personal interest or bias with respect to the parties involved. 4. My compensation is not contingent upon the reporting of a:predetemimed energy level or direction in energy level that favors the cause of the client, the amount of energy level estimate, the attainmerit of a.stipulated result,or the occurrence of a subsequent event. S. This assignment.was not based on a requested mininium environmental energy level or specific power density. 6. My compensation is.not contingent on an.action or event resulting from the analyses, . . opinions, or conclusions in, or:the,use of, this report. . 7. The consultant has accepted this assessment assigmnent having the knowledge anal experience necessary to complete the assignment competently. 8. My analyses, opinions, and conclusions were developed and this report has been prepared, in conformity with the American l30ard'of Health Physics[ABHp]statement of standards of professional responsibility for Certified Health Physicist. March 30, 200.8 Donald L.Haes,Jr., ;D . Date Certified Health Physicist Page-1.0- i ENDNOTES I . Federal Register, Federal.Communications Commission Rules;Radiofrequency radiation; environmental effects evaluation guidelines Volume 1;No. 153,41006-41199,August 7, 1996.. ! [47 GFK Part 1;Federal Communications Commission]: 2 . Telecommunications Act of 1996, 47 USC;;Second Session of the 100Congress of the � United States of America,January 3, 1996, 3 . ANSUIEEE C95.1-1999: American National Standard,Skfety levels with respect to human exposure to radio frequency electronlagnetie fields,from 3 KHz to 300 GFfz(Updated 2005).. . 4 . National Council,OR Radiation Protection and Measurements(NCRP);Biological Effects and Exposure Criteria for Radiofrequency Electromagnetic Pields;NCRP Report'86, 1986. 5.. ANSI/1EEE C95 3-2002; AmericanNational Standard,Recommended Practice for the Measurement of Potential Electromagnetic Fields .RP and Microwave. i 6. NCRP Report No. 119:National Council on Radiation Protection and Measurements, 1993; A Practical Guide to the Determination of Haman Exposure to.Radiafrequency fields. FCC Licensee Lower Band{MHz) Ptiper Band(MHz) FM Radio 98, 108 Paging '152 159 TV Ch. 7-13 174 216 TV Ch. 14-69 470 806 SMR Transmit 806 921 ' Private Land Mobile . 821 824 Cellular AMPS 824 849, ESMR/Land Mobile 849 869 Cellular AMPS: 869 894 Aeronautical Mobile 894 896 Private Land Mobile 896 . .901 PCS Narrowband- got" . 902 Land Mobile &Armature(Ham) 90.2 . 930 PCS Narrowband 930 931 Paging 931 932 PCS Narrowband 940 941 Public Land Mobile 941 960 PCS Broadband 1,950. L,990 Page-11- i i i Modeling specialties 1?au�8h epl�0adRdloe,CCM - Sk Md W3tord,MA Oil" Ph: 976 382181 1 fx: �078 782.6818 MNd:d1huN1 ',cam. April 11,2008 The Town of North Andover,Massachusetts RE: Environmental Sound Assessment=Verizon Wireless.Communication Equipment 401 Andover Street Modeling Specialties an environmental :consulting firm.located .in Westford, Massachusetts, has conducted an assessment of environmental sound that, results from the operation of wireless communication equipment by ,Verizon Wireless, Inc. who Commissioned'this study. Verizon Wireless provided the site details and access necessary to identify their equipment and.evaluate its sound emissions. The purpose of this letter is to describe the equipment and the results of the survey. Verizon Wireless operates wireless communication equipment at 401 Andover Street in North Andover. Their communication equipment includes antennae located inside a parapet wall,two roof mounted HVAC condensers and a cable tray to connect the equipment, There is space;.:wiring and roof supports for a Verizon Wireless generator,but the generator has.not yet been installed so is not a: part of this evaluation, The Verizon equipment is surrounded by other HVAC and .air.,handling equipment. However, this assessment is.limited to the .Verizon Wireless equipment. Orientation views of the equipment and site.area are provided in I igure l and Figure 2. A site visit was conducted on Friday April 11, 2008 to evaluate.the equipment sound. The site . evaluation was requested to evaluate whether the equipment meets the.requirements of Town of North Andover'bylaw. Section 8.9.4(e).addresses environmental 'standards for wireless service facilities, including sound generated by. the facility equipment. Section 8.9.4(e)(v) provides that, "Root-mounted equipment or side mounted`equipment for wireless service facilities.shall not generate noise in excess of 50 dBA at,ground level at the base of.the.building closest to the antenna." The sound level measurement convention is i.sed.in this'study,whereby"ground level"is taken to be 5 feet above the ground,representing the ears.of a standing person, 'It is the purpose of this report to address these requirements. The site survey took place in the early spring when the Wireless:equipment was occasionally operating but the other.rooftop equJpment was.generally not operating. In.this way,the rooftop sound was limited to the Verizon Wireless equipment. There is no sound associated with the antennas or. cabling. The only sound on the rooftop was produced by the fan and compressor inside the HVAC condenser. There are two units on-the roof which sometimes operate together, For this reason, the rooftop sound level was evaluated' on,the ground at the base of the nearby buildings (i.e. at the property line) when-both units were operating. Detailed measurements included various statistical metrics and 113 octave band frequency analysis.- However, the results are limited to combined A- weighted levels consistent.with the BY Law requirements. Because of the seasonal.conditions under which the measurements were taken, it was possible to characterize the Verizon Wireless rooftop equipment in isolation from the other rooftop equipment. This is not usually practical because all'.rooftop equipment,would be operating. However, at the ground level the sound field.is dominated bytiaffjc.moving along Andover Street'and nearby Route 114. While the treasured level approaches the 50 dBA standard, the Verizon Wireless condensers could not be distinguished at either ground level location. The measured sound levels of are shown in the Table 1. �. Table 1: Measured Ground Level Sound Levels in the Site-Area Measurement 11t44'AM,4/11/08 Dominant Location dBA L o Sources Observed .Property Line S 47 Roadway.Traffic,parking lot activities Property fine N 47 Roadway Traffic,Hardware Store Activities Conclusion: Verizon Wireless RVAC equipment 6Aes'no significant contribution to measured sound levels at ground level locations Thera is no technically defensible way to subtract the:sound from the other.sources if those sources dominate the sound field. One additional measurement was made.on the rooftop at a'distance.of approximately 5 feet from the equipment(near where the photo was taken for Figure 2), If needed, these levels would allow the equipment sound to be modeled at the ground level locations: However, since the measured receptor sound levels dominated by other sources were still under the By Law ' standard,the sound from Verizon Wireless.alone was well,within compliance with the standards. These measurements were made using a Bruel&Kjaer sound level meier that meets the requirements of ANSI S I A Type I -]'recision specification`for sound level meters, The meter was mounted on a tripod approximately.5 feet above the rooftop. The microphone .was .fitted with the factory ! recommended 3-inch foam windscreen: The MOO was programmed to take measurements and store the processed statistical data. The statistical revel's were documented for use in this analysis: Various statistical metrics were collected, but the L9U is presented to'represont the background sound level that includes the continuous sound from the condenser tan.. I certify that the analysis of sound levels is accurate and eonsistent with r4ethods that are common to the acoustic analysis of such sources.. I am qualified to make this.statement based on training and experience in conducting analyses of envfrorimental sounds. I am ,a Certified .Consulting Meteorologist with approximately 20 years,experience conducting environtriental analyses.in Abe technical areas of air quality, noise, and visual aesthetics. I am a technical expert on the noise committee of Air &.Waste Management Association headquartered in Pittsburgh, Nnnsylvaliia. I have published marry refereed papers`an various aspects of environmental noise. I have analyzed the noise emissions of major industrial projects.such as.power plants, wastewater treatment plants and manufacturing facilities. Related to'these analyses, I have testified as a'technical expert before the Energy Facility Siting Boards of Massachusetts and Rhode Island. I have also testified before many regional and municipal approval boards in Massachusetts;.Rhode Island,New Hampshire,`Maine, New York,Michigan,Illinois, and California. Thank you for your attention, Respectfully, Modeling Specialties Douglas L. Sheadel,CCM Principal I 1 i a`, I p 6 .,I 1 �',�4, il,=�- - af`'�`r'."�" `�� `' h�� -{ --, ,'�.'� k;;'4"±'�;ury£•�r*Y,xyk - �O eWC]. ok 4 Vj d16 V. i i r jc Y' -00. a - 4 1k Erna ry a q', It s.t�l t ! r ;h R i - - f i•"'fL'I� 4: 1 M• Jay - .. �• emu! � St t Figure 2: Detail of Verizon Wireless Roof Mounted Equipment in the Context of Other Equipment II • li i - r ......... ..9 4 s - }}{Nµs21 £; Oil s .1�' 3fr}Q MR �Yi � 2'4 3f��t n •�� yn��t"g.�� 4�}� � � y ,}i ��,y5 F�5 I i�r'-_-fa, , t4 jif MIT M t 17 S'Lp �}i y� l NIT, �I III ip I �. q•a, I I S. 4- 1 d^ P rr•. ■ North Andover. E xEsting .Coverage eTGI ��, d sj ,rslt:•. MAj. dF y ' �, €! _•;Fir fr '-.1 t` !'• AANWr Pli# �r •V i. rtF -. Itl r r lrl t, �. { It.."ra ��= Vser:lanajaover Thu Apr 10 11:21:27 2008 11 t UiM Zane 18 palum:NAo03 Center Lal:42.40.42.88 N i } CertterLon:71-05-13.29N! L81:Coll Name Sectors FIF }) :Jtf -1 IF FI f;} ®,nSB—rSa {, DMAEC Clr:RSSI(dBm) is i 'C"'P )1 I.• Scalet 1:02759 iY Fg t 1 veil Qnmreress GeoPian v6.3 h- `1 i=' € �'' Proprietary and Confidentlal - North ,Andover Coverage without Andover 2 I 's f `W Ftl s 1s }4 ti d h F if MAm 1,t � ilJ i II -r3 d . - rj oL - I r ir 5; EEr �Y I r}.'s nr77� M1 �2 11--� sl x i s}jk q I 77 Y� yq 3 - I 1{{ F '3777 ...8 1j551 I lit3.�'� yin�i C �f4 t� j I y y1J 1"'a Irk`{ti,'iIj I ` Bel slon:Andover User:Ilanaja Apr 1011:22:26 2008 UTM Zone 18 Datum•NAD83 Center Lei:42-0.0.42-88 N t s.. �¥ centorl-on:7i-05-13.28W r 77 � Cells L61:Coll Name Sectors F4 IN msa_rsa F1.CDMA Ec -' Or:R551{dBmt M�_.85 Style:1:82750 }rFt' 3 1 171017es 12 veil onl reie 57 c it I Y4 f I s1j GeOPldn v5.3 cr Proprietary and ConfidenFlal ULS License - Cellular License -KNKA201 - Cellco Partnership Page 1 of 2 i ULS License Cellular License - KNKA201 - Cellco Partnership Cali Sign I<NKA201 Radio Service CI_ - Cellular Status Active Auth Type Regular Market Market CMA006 Boston-Lowell- Channel Block B Brockton=La wren ce-Haverhill, MA-NH Submarket 0 Phase.. 2 Dates Grant 11/15/2004 . Expiration 10/01/2014 Effective 02/20/2008 Cancellation Five Year Buiidout Date 08/27/1989 a Control Points 3 500 W. Dove Rd., TARRANT, Southlake,TX P: (800)264-6620 Licensee FRN 0003290673' Type General Partnership Licensee Cellco Partnership P.(770)797-1070 1.120 Sanctuary Pkwy, #150 GASASREG F:(770)797-1036 Alpharetta, GA 30004 E;Network.Regulatory@VerizohWireless.com. ATTN Regulatory Contact Verizon Wireless P:(770)797-1070 Sonya R Dutton F:(770)797-1036 1120 Sanctuary Pkwy, #150 GASA5REG E:Network;.Regulatory@VerizonWireless.cam Alpharetta, GA 30004 ATTN Regulatory Ownership and Qualifications Radio Service Type Mobile Regulatoy Status Common Carrier Interconnected Yes Alien Ownership Is the applicant a foreign government or the representative of any No foreign government? Is the applicant an alien or the representative of an alien? Na is the applicant a corporation organized under the.laws of any No foreign government? Is the applicant a corporation of which more than orie-fifth of the: No capital stock Is owned of record.or voted by aliens or their representatives or by a foreign.government or representative thereof or by any corporation organlzed under 6e laws.of a foreign country? ktttp:/Iwizeless2.fcc.gav/UlsAp1>/ J1sSearch/license:jsp7licKey=13171&prntable 4/10/2008 ULS License - Cellular License-KNKA2O1 - Cellco Partnership Page 2 of 2 Is the applicant directly or Indirectly controlled by any other Yes corporation of which more than one-fourth of the capital-stock is owned of record or voted by aliens; their representatives, or by a foreign government or representative thereof, or.by any corporation organized under the laws of a foreign country? If the answer to the above question Is 'Yes', has the applicant Yes: received a ruling(s) under Section 310(b)(4) of the Communications Act with respect to the same radio service Involved in this application? Basic Qualifications The Applicant answered "No"'to each of the Basic Qualification questions. Demographics Race f Ethnicity Gender I f I � http://wireless2.fee.gov/UlsApp/UlsSe'axch/license.jsp?licKey-131.71&printable 4/10/2008 ULS License - PCS Broadband License-KN-LH242 - Cellco Partnership Page 1 of 2 ULS License PCS Broadband License KNLH242 - Cellco Partnership Call Sign KNLH242 Radla Service CW PCS broadband Status Active Ruth Type Regular Market Market BTA051 'Boston, MA •Channel Block F Submarket 0 Associated 001890.00000000- Frequencies 001895.00000000 (MHz) 001970.00000000- 001975.00000000 . . Dates Grant 07/23/2007 Expiration 06/27/2017 Effective 07/23/2007 Cancellation Buildout Deadlines i 1st 06/27/2002 2nd Notification Dates 1st 05/17/2002 2nd I Licensee FRN 0003290673 Type Joint Venture Licensee Cellco Partnership P;(770)797-1070 1120.Sanctuary Pkwy, #150:GASA5REG F';(770)797-1036 Alpharetta, GA 30004 E:Network.Regulatory@VerizbnWlreless.com ' ATTN Regulatory Contact Verizon Wireless P;(770)797-1070 Sonya R button F;(770)7$7-1036 1120 Sanctuary Pkwy, #150 GASA5REG E;Network6Regulatory6VerizonWireless,com Alpharetta, GA 30004 ATTN Regulatory Ownership and Qualifications Radio Service Type Mobile Regulatory Status Common Carrier. Interconnected Yes Alien Ownership Is the applicant a foreign government or the representative of.any No foreign government? Is the applicant an alien or the representative:of are allen7, No Is the applicant a corporation organized under the laws of any No foreign government? Is the applicant a corporation of which more than one-fifth of the No capital stock Is owned of record or voted by aliens or their representatives or by a foreign goyernment.0 representative thereof or by any corporation organized under.the laws of a http.//wireless2.fco.gov/UlsApp/1_T1sSearch/license,jsp?licKey=10411&pirintable 4/10/2008 ULS License-PCS Broadband License-KNLH242 - Celleo Partnership Page 2 of 2 foreign country? Is the applicant directly or indirectly controlled by any other Yes corporation of which more than one-fourth of the capital stock Is owned of record or voted by aliens, their representatives, or by a . foreign government or representative hereof, or.by any corporation organized under the laws of a foreign country? If the answer to the above questiori Is 'Yes', has the applicant received a rulings) under Section 31©(b)(4) of the Communications Act with respect to the same radio service Involved In this application? Basic Qualifications The Applicant answered "No" to each of the Basic Qualification questions, Tribal Land Bidding Credits This license did not have tribal land.bidding credits_. Demographics Race ' Ethnicity Gender http://wirelessl fee.gov/UlsAppAJ19Search/lice se 1icKej+_16411&printable 4/10/2008. ' I i Abutter!oAbv1ter( } YAWngDept. ( } Conservation,(` } Zoning ( ) Town of North Andover Abutters Wti U!REMENT MGL 40A,Secilon 11 states In part°Parlfes In Inlaresl as Used in Ibis chapWsW rnaarl The petitioner, - abutters,ov ners of land directly oppositeon any public or private way,and abutters to abutters within three hundred(300)root of the property fine.of the petlt€oner as they appear on the most recent appllceble tax list,not withstanding fhat ftia land of any such ounarls rotated In another city or tram,the pMning board of the city or town,and the planning beard of ovary abutting city or tmn. Sublect Properly,; MAP AP, RC Name Ad! ress. 24 2 PLUMB 2 TRUST 401 ANDOVER STREET,NORTH ANDOVER,MA,01845. Abutters Pronertles Map Parce! YAM Ailctleis.'. 47 49 Ambrose )6Wopment 14 Wood Road,Braintree,MA 02184 47 109 Gail Wilkes 29 Rock Road,North l+ndove,MA 01845 24 35 George Realty Trust 360 Andover Street,Ngrth Andover,MA 01846 24 70 Leon Smith 6 Rock Road,North Andover,MA 01845 24 34 Town of North Andover 120 Main Street,No Andover,MA 01845 24 13 Eileen 17onovan 35 Peters Street,North Andover,MA 01845 24 59 First United Methodist Church 47 Peters Street,North'Andover,MA 01845 24 67 North Andover Ventures 900 Washington Street#170,Dedham,.MA 02026 24 39 Matthew Yakovakis 419 Andover Street,North Andover,MA 01845 24 32 Thompsons Resturant,Inc P.O.Box 155,North Andover,MA 01845 24 38&40 Carroll Thomas 428 Andover Street,Norio Andover,MA 01845 24 41 Lewis-Highland Terrace Really Trust 14 Highland Terrace,N6rth Andover,MA 01845 24 43 Richard Meservey 424 Andover Street,North Andover,MA 01845 . 24 37 R&L Realty Trust 321 Osgood Sfinef,North Andover,MA 01845. 24 71 Jeon Woo Young 8 Rock Road,North Andover,MA 01845 24 72 William Lever 21 Rock Road,North Andover,MA 01845 1 This certifies thpt the names appearing on thte retards of :the Ass ssors ffice. as of Certified,by. Apr 14 08 01;01p joke 2392634120 p,1 3 ' , April t4 2008 1 Stephen.Russell Verizon Wireless 400 Frzberg parkway LA'estborough,MA 01581.. RE: Tireless Comnitini a `an l{ac` l ��t Andover 5`treet. North A.ridoyer Mas�acltuse�t-rs 01g45 To Whom It May Concern.- please use this Authoriza�on Letter as needed when aonciucfing titrsiness with.tha T ofN¢rth Azaciover.Massachusetts Qwn �4LJ 'I�01212ATION . TO WHOM IT MAY CON6RN. ' John McGarry,Tyus-tee of Plum 2 Trust,as owiaer of the building located a#ail l___�daver Stxee Nor�tir.Arrdaver MA does Hereby grant penM to Verrzdri Wireless to aG# an his behalfin the ding of all appliealians for zoning;building and any:and all perrWts ' related to the irastallatian of a wireless co�tmu� cations.,'acility to.the existing buitding.at. the above referenced address: A copy of this letter sh4 be regarded as having the sarn effect as the origi. _1' Thank you for t your atteation to this ma-ter. Sin e y, l � 30 , Mc arry Trustee of Plum 2 Trust s i i Y /lCFltl BUILDING DEPAPTMENT I �Qtl11'Ot141{�l�9VB141f1�Btlt l)iVI5lEs11 Aril 10 2008 I p s I Timothy C. Twardowski,Esq. Robinson&Cole LLP One Boston Place Boston,MA 021084404 Re: 401 Andover Street,North.Andover[Map.24 Parcel 331 Dear Atty, Twardowski; Special Permits issued under 8.9,12 for Wireless Service?facilities by the Manning Board are required to be renewed every three years. :If a site's Special Permit lapses,then that facility will i be without a permit and the Building Inspector world need to proceed under Section ld;. I Paragraph 10.1. Enforcement. Therefore,if Bell Atlantic Mobile of Massachusetts Corporation, Ltd., d/b/a Verizon Wireless's Special Permit for 401 Andover Street,North Andover, MA[Map 24,Parcel 33]is not renewed, then Bell Atlantic Mobile ofMassachusetts Corporation,Ltd., j d/b/a Verizon Wireless's use of-the site would then need.to be denied. 8.9.12 Term of Special Permit. "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 103 of this Zoning Bylaw(1998/36)." Also,the 3-year renewal requirement.is stated at 44)`in,Exhibit A of Exhibit I [Bssex North Registry of Deeds Book 9457 Page 331: c. Sincerely, Gerald A Brown, Inspector of Buildings Brown/Zor6n9 Vn forcemeat Officer . cc: Lincoln Daley., Town Plattner 1600 Osgood$treat,North Andover,tdassochvseffs 01845 Thane 97S.688.9545 Fax 978.68k9542 Web www.fowminadhandovereom j "Commercial Property Record Card PARCEL 10:2101024.U-W33.0004.0. MAP:024.0 BLOCK:0033 LOT.000 l.0 PARCEL"ADDRESS:401 ANOOVER STREET FY:2008 — "Ecr- °. 1773i ` -a- -:.Road OW1012000 . PARCEL INFORMATION use-Cone -' ::340 .Sale Price D ":'->': =;:Son :ti. t . Ypa P Tax Class: T Sale Date 01i 1184 ` " "1?age: 0250 1�c3 CondEtron A luJeas bate iD5/101100 OwnEr. 'Tot-Fin Area:.,,,- PLUM :.1f1$04 .. Sale:Type P C rl{i QG 2 TRUST. �rafli JOHN F MCGARRY,TRUSTEE Tat La»d�Area 0 74 Saie Valid: 1V Water C;oifeot td -: Grantor Address: :CkSxQ{7D,.,i3)wN.f!4Clh(N 31er' _1tReas R 401 ANDOVER STREET F-xempt-B/L% t Resid-B!L%1 Comm-BIC..49o1'E00 inQust-B/L% f Old Sp-BIL.°fo 1 NORTH ANDOVER MA 01M COMMERCIAL SECTIONS1GRdUpS LAND INFORMATION Section: 1p:101.: Use CCode:340 NBHD CODE: 32 N13HD CLASS:2 ZONE: 5 ;;:. :°=:.Gods :.,Mahood. ,q-Ft'r.: Category•.3:Grnd-FI Area"Story Height.Bi ftGJ.ass::Yr-S Itt. ::: Caff:Y.t-BtliCt:Ci�s#Stdg.: e9.;•". Yip 54 2:0 ._..-- C.... #9$4.,.. #084 1,158,700'. 1 P gqD" .._..__..._ 32047. ...07d0..... _.. ..........._ 4 .467.. Groups: DETACHED STRUCTURE INFORMATION Id Cd B-FL.-A Firs Unt 1 340 5400 1 1 Slrs:.Uniti_":MSr;1==;Msi;2 .E Yfi 81t:Cfad .Gomi d.i?1FR":.:Cost=:':::.:.Class 2 340 5400 2 1 AS S 18360 0.00 16M "A A 5(t/U50 13,9DD 3 VALUATION INFORMATION Cvrrarit"Totaf: 1,555,200 Bldg: 1,31Z700 Land: 242,500 MktLnd: 242.500 Prior Total: 1,555,200 Bldg: 1,312,700 Land: 242,500 MktLnd,. 242,500 SKETCH PNOTO 4. 4, A 1fC#28WQFB` 40' EEl" c Parce[lo:2101024.0-0033-a00o.a as of 4110108 Page 1 of 1 lk ail Jill I M y. � V i I tt { HIM l------ cm,o I,��yvOYM��/ MA L�d1a=W 1 �/veri�w�r�ress i WVI{I l II+WCtcnll ��4/tl gbi4d0'b 400 Fdberg Parkway 12AOP 4 ATTIG PLANS ELEVATION Wealborough,MA01641 -�{)y34WAFUw..ep.aY�Sw+r[GS1lW]N}>Hinl.:r�Ci t+�FSIN . s jTi Q � � sw.� I PAR r np IN LZ- ° unu2 i 7 • )'/ � row. 'y .' D. T • r € i NaRrtl, ER MA `/verTzensvimiess �y (, {¢Y !r• 400 Friharg Parkway 1�a aw Westborough,MA 01$81 RiZr M MM PLAN 4 MAILS F 12/16/02 16:06 FAX 1002/002 ROBINSON & C O L E LLP MTCHAEL S.GiAimo O,ne BostonPlace Boston,MA 0210R-h404 Main(617)557-5900 Fax(617)557-5999: Direct(61.7)$57-5959 Via Facsimile CD. . Deoember 16,2002 'c c Kathy Mcilenna { >��V M 'Town Plaumr m o rn Town of North Andover D ©an 27 Charles Street. q? v North Andover,MA 01845 —0 Re; Applicanoa of Ge*o PaMwn,hip dWa kerkon Vireiass—4*1 Aadever Stet Dear Ms.McKenna: As we discussed by telephone this moraing,Verizgn Wireless doles not yet have the additional 0=timnqmted.by the Planning Board at its last ha Instead, Verizon Wireless requests that the PIS Board continue is hewing'on the above-referenced application: . In light of the short time sinrm'.we last were before the Board and the weather m' the meantime,'Verizon Wiro) w,has not yet.been able to obtain nerve designn drawings for the. proposed installation that address the concerns raised by the Board. However it does appear that it will be possible to install the ant=as coinliletely behind the parapet as the Board has requested: 'This would be dome by replaoiung certain bf the wood'components of the parapet . with a material that is transparent for radio.signals,but is colored to thatch the surrounding wood SUMUI re: In order to cot:Wly:with notice requirements,please be:sure that the Board,at iU hearing tomorrow night,announces tho mfiouation to a date and time certain. We loots£orwRrd to presenting the xevisM design:idormatioon on January MO. Thank you for your atbention to this utter. Sincerely, Law Officer BOSTON ~ " HARTPORD �C aG S,G�8tTY1Q NBw I.QT7DoN Enclosures S'rAMPORD CC= Jo)o unmli(by fax) , GRSbNarrGH DavidTivnan(by fax) NEm YORK BOSTI.79*4-1 mruw.rc.com 12110023.53PM 12/16/02 16:06 FAX - I�001/002 ROBINSON COEEtLP �C�s.GMNO . One Boston Pure ftstott,MA 02 l as=440a Main(617)$57-5900 Eax(617)557-5999 �$iaimoQra.eom Direct(817)557-5959 Facsimile. Trap'S fission Sheet DATE: December 16,-2002 NO. OIL PACTES (includingcover): 2 ' RE: Applieation of Cellco Partnership d/b/a V$rizon Wireless'-401 Andover Street i RECIPIENT S LrS l NAMT:: COMPANY FAX NUMBEii PNONL NuMBEit ! Kathy McKetwa Tovrn ofNo Andov'cr , __ .978-688-9542 Jo o Umali veriaon.W ices: SQ8-33W405 David Tivnan yer u Wireless 508-330.3405 MESSAGE: i i Lim Offices Note: ftransmission is not,dearly or completely ro&cd,please call us at 617-557-5900, 9asraH. Sreurorn Confderal4lity,Note,: 'rtie,doc ents.accnmpanying this Faosimile tranmission may contaiu donGdtcitial.or'�rivile�ed information ftora the,law firm orRobinson&Cola LLP_ This!Wraxation Gsgx vlcH is'in"ndod for use by the individual or emtit;y nuftsd on this transmission Sheet. If you sate,not the NEW yvgN intanded rreiyj4nL,,,7o Aware that a►iy disclosure,,copying,distributiAn or UIe of iho contorts Of this f in#onnation is prohibited, if you hi wa tacciviid this faosit file in error,pleasc lkufi'y us by tolephono www.rc.rom immcdiatoly to th4l we can arrange rctticval of the faxed documents, RECEIVED JOYCE BRADSHAY1 TWN CLERK Veriron Wireless—401 Andover Street HORT H A I OVER Denial of Application for Wireless Service Facility Special Permit Denial of Application for Site Plan Special Permit 1003 FEB _1 A C!. 30 The public hearings on the above-referenced applications were closed by the North Andover Planning Board on February 4,2003.Present were Planning Board Chair John Simmons,Vice . Chair Alberto Ahgles,Clerk Richard Nardella;Members Felipe Schwarz and George Whitey .Associate Member James Phinney,Town Planner J.Justin Woods,Planning Assistant Debbie Wilson, and Mike Giaimo representing the applicant. Vice Chair Angles made, and Member Schwarz seconded, a motion to grant the Wireless Service facility Special Permit and a Site Plan Special Permit to permit installation of three arrays of four panel antennas behind the parapet"of an existing building with equipment located within the attic space of the structure and an emergency generator on the rooftop behind the parapet. The installation would be located on an existing building within the General Business Zoning District. The Special Permit was requested by Cellco Partnership d/b/a Verizon Wireless, 400 Friberg Parkway, Westborough, MA 0158L ' The application and additional documentation as cited herein was filed with. the Planning Board on August 29, 2002 with subsequent submittals on file. The applicant submitted a complete.application which was noticed and reviewed in accordance with Sections 8.3, 8.9, and 10.3 of the Town of North. Andover Zoning Bylaw and MGL Chapter 40A, Section 9. The motion to approve was subject to the FINDINGS OF FACTS and SPECIAL CONDITIONS set forth in Appendix A to this decision. The Planning Board voted on the Angles motion by a vote of.3 in favor (Planning Board Chair 1 John Simmons, Vice Chair Alberto Angles,-and Member Schwarz) to 2 against (Clerk Nardella and Member White); A special permit issued by a special permit granting authority requires a vote of at least four members of a five-member board.. See MGL Chapter 40A, Section, 9:and Section 10.3(5) of the Town of North Andover Zoning Bylaw. The Angles motion to approve the Wireless Service Facility Special Permit and a Site Pistol Special Permit faUM to garner enough votes to grant approval. Accordingly, the Applications for a Wireless Service Facility Special Permit and a Site Plan Special Permit are hereby denied. The applicant is hereby.notif"ied that should the applicant disagree with this decision, � the applicant has the right, under .MGL Chapter 40A, Section 17,.to appeal to this decision within twenty.days after the date this decision has been filed with" the Town I Clerk. CC. Building Inspector Applicant Abutters 1 Appendix A Wireless Service Facility Special.Permit The Planning Board makes the following findings as required by the North Andover Zoning Bylaw Section 8.0: FINDINGS OF FACT: 1. The antenna arrays are to be affixed behind the parapet of an existing structure and painted the same color as the structure to camouflage the facility. and minimize visual impact. . Ancillary equipment and generators will be located within.the structure and behind the parapet. 2. The Radio-Frequency emissions of the facility meet applicable FCC -guidelines and regulations. 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. A Zoning Variance for relief of 5.20 feet fxom the required the 600-foot "fall zone" setback was granted to reduce the setback to.on August 1,2002 by the Zoning Board of Appeals. 6. Adequate and appropriate facilities will be provided for the proper operation of the proposed facility. 7. The use as developed will' not adversely affeet.,the neighborhood .as, indicated by the . submittals and reports referenced at thb end of this decision in Condition#19. Site Plan Special Permit The Planning Board makes time-following findings as required by`the North, Andover ;'honing Bylaw Sections 8,3: FINDINGS OF FACT; i 1. The use will not result in any nuisanc0 or serious Hazard to vehicles or pedestrians. 2. There will be minirnal alteration to the existing site or structure as a result of this facility. Finally the Planning Board finds that this project generally complies with the Town of North Andover Zoning Bylaw requirements :as listed: in Sections 8.3, 8.9, and .10.3 but requires conditions in order to be fully in compliance., The Planning Board hereby grants an approval to time applicant provided the following conditions are met- SPECIAL CONDI iMa": f: Discontimvance 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 abandom.ent 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. 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 2 ' i 3 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. e) As a condition of any special permit for the placement, construction or modification of a wireless service equipment at the site, the carrier shall post a bond, in a form acceptable to the Town, in an amount sufficient 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 SPCA. 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 alien 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 copstructed 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) The Special Permit holder must maintain in full force and effect, and shall annually, on January 15, file proof of adequate insurance to cover damage from the equipment on the structure, damage.froin transmissions and other site liabilities. Insurance in a reasonable amount shall be determined and approved by the SPGA, after consultation, at the expense of the applicant,with one(1)or more insurance companies. 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) The Special Permit holder shall annually, on January, 15, file a declaration with the with the SPGA certifying the continuing safe operation of every facility installed subject to these regulations and,demonstrating continuing compliance with the standards of the Federal Communications Commission, Federal Aviation Administration and the American National Standards Institute. 3) Term of Special Permit. a) A Special Permit issued for any wireless service facility shall be valid for three (3)years from the date of its:granting, 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 annual intervals from the date of 3 issuance of the Special. Permit, preexistent and current RFR measurements. Such measurements shall be signed and .certifled by an RF engineer, stating that RER 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 submiitted for the equipment proposed on this 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: 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 tho 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. c) The applicant shall provide the necessary escrow accounts and insurance as required in the above sections lc,2a and 2b. 5. Prior to the start of construction: _ 1 a) A construction schedule shall be submitted to the Planning Staff for the purpose of tracking the construction and intbrming the public of anticipated activities on the site. 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 the Planning Department. 7. Prior to verification of the Certificate of 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. S. Prior to the final release of security:. a) A final as-built plan shay" 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 most 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, 4 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 ligbting 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 12 hours ,prior to commencing My excavation. i M. The provisions of this approval shall aPPIY to and be binding upon the applicant its employees and all successors and.assigns ip interest or control. 15. 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 Planner 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 on Novembex 12, 2005 or three years from the date the.permit was granted 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 information shall be deemed part of the decision.- Plan titled: Verizon Wireless Proposed Cellular Communication Facility Route 125—401 Andover Street Prepared for: Verizon Wireless 400 Friberg Parkway,Westborough, MA Prepared by: Daigle Engineers,Inc. l East River Place Methuen,MA 01844 Sheets:. 2957, T 1, A:1, E-1 through E4, 0-1, 0-2, dated 5/21/01, last revised U7/02; and S-1 .though 8-2 dated 5/21/01, last revised 1/2/03. I Report: Environmental Noise Impact Assessmeht Prepared for:, Verizon Wireless c/o Michael Giaimo Robinson&Cole, 1 Boston Place,Boston,MA 02108 Prepared by: Douglas Sheadel Modeling Specialties 30 Maple Road Westford,MA 01886 Dated: June 22,2001;last revised March 27,2002 Report: Radio Frequency:Emissions Evaluation Prepared for: Verizon Wireless c/o Michael Giaimo Robinson.&Cole, 1.Boston Place;Boston;MA 02108 Prepared by: Donald L:Haes,Jr.,Ph,D.CUP Radiation Safety Specialist . 77 Massachusetts:Avenue Building 16-268 Cambridge,MA 02139 Dated: May 3,2001 rLCEIVED J.-OYCL.BRApS} AY/ Verizon Wireless—401 Andover Street TOW11 CLLRIJ Denial of Application for Wireless Service Facility Special Permit H O r?TH A h D p y E R Denial of Application for Site Plan Special Permit. . 1901 FEB .A It: . . The public hearings on the above-referenced.applications were closed by the North Andover Planning Board on February 4,2003.Present were Planning Board Chair John Simmons,Vice. Chair Alberto Angles,Clerk Richard Nardella,Members.Felipe.Schwarz and George White, Associate MemberJames Phinney,Town Planner J.Justin Woods,Planning Assistant Debbie Wilson,and Mike Giaimo representing the applicant. Vice Chair Angles,matte, and Member Schwarz seconded, a mouton .to grant the Wireless Service Facility Special Permit and a Site Plan Special Perndt to permit installation of three arrays of four panel antennas behind the parapet of an existing,building with equipment located within the attic space of the structure and an emergency generator on the rooftop behind the parapet. The installation .would be located on an:existing building within the GcMeral Business Zoning District. The Special Pent it was requested by Cellco Oartnership d/b/a Verizon Wireless,.400 Friberg Parkway,' Westborough, :MA 01581, The application and additional documentation as cited herein was filed with the Planning Board on August 29, 2002 with subsequent submittals on file. .The applicant submitted a complete-application which: was: noticed and reviewed in accordance with Sections 8.3, 8.9, and 10.3 of.the Town of North Andover Zoning Bylaw and MGL Chapter 40A, Section 9. The motion to approve was subject to the FINDINGS OF FACTS and SPECIAL CONDITIONS sef forth in Appendix A to-this decision, The Planning Board voted on the Angles'.motion-by a vote.'of 3 in.favor (Planning Board Chair John Simmons, Vice.Chain Alberto Angles, and Member Schwarz) to 2 against (Clerk Nardella and Member White). A special permit issued by a special permit granting authority requires'a vote of at least four members of a five-member board. See MGL Chapter 40A,.Section 9 and Section 103(5) of the Town of North Andover Zoning Bylaw. The Ang6 motion to approve the Wireless Service Fae ity Special Permit and A.Site Plan Special'Permit failed to garnerenough votes to grant approval. Accordingly, the Applkations, ibr a' Wireless Service Facility Special Permit and a Site Plan Special Permit are hereby denied. The applicant is hereby notified that should.the applicant disagree with this decision, the applicant has the right,. under MGL Chapter 40A, Section 17, to appeal to this decision within twenty days after the date this decision has been (riled with the Town,, Clerk. cc. Building Inspector Applicant Abutters 1 Town of Noah AndoverflRYk Office of the Planning Department F+''�` Community Development and Services Division , 27 Charles Street. " , ..`nb �� . `�# North Andover, Massachusetts 01845 h!t?-Z/www.townofhorffia-ndover.com jwoods@townofnorthandover.com . Planning Director. P (978) 688-9535 J. Justin Woods F (978) 688-9542 Verizon Wireless=401 Andover Street Denial of Application for Wireless Service Facility Special Permit Denial of Application for Site Plan Special Peru The public Bearings on the above-referenced applications were closed by the North Andover Plazlniag Board on February 4,2003.Present were Planning Board Chair John Simmons,Vice Chair Alberto Angles, Clerk Richard Nardella,Members Felipe Schwarz and George White,Associate Member James Phinney,Town Planner J. Justin Woods,Planning Assistant Debbie Wilson,and Mike Giaimo representing the applicant. ' Vice Chair Angles made, and Member Schwarz seconded, a motion to grant the Wireless Service Facility Special Permit and a Site Plan Special Permit to permit installation of three arrays of four panel antennas behind the parapet of an existing building with.equipment located within the attic space of the structure and an emergency generator on the rooftop behind the parapet. The installation would be located on an existing building.within the General Business Zoning District. The � Special Permit was requested by Cellco Partnership d/b/a Verizon Wireless, 400 Friberg Parkway, Westborough, MA 01581. The application and additional documentation as cited herein was filed with the Planning Board on August 29, 2002 with subsequent.submittals on Me. The applicant submitted a complete application which.was noticed and reviewed in accordance with Sections 83, 8.9, and 103 of the Town of North Andover Zoning Bylaw and MGL Chapter 40A, Section 9. The motion tb approve was subject to the FINDINGS OF FACTS and SPECIAL CONDITIONS set forth in Appendix A to. this decision. The Planning Board voted on the Angles motion.by a vote of 3 in favor (Planning Board Chair John Simmons, Vicc Chair Alberto Angles,.and Member Schwarz) to 2 against (Cleric Nardella and Member White). A special permit issued by a special permit granting authority requires a vote of at least four members of afive-member board. See MGL.Chapter 40A,.Section 9 and Section 10.3(5) of the.Town of North Andover Zoning Bylaw. The Angles motion to approve the Wireless.Service Facility Special Permit and a Site Plan Special Permit failed to garner enough votes to grant approval. Accordingly, the Applications for a Wireless Service Facility'Special permit and a Site Plan Special Permit are hereby denied. The applicant is hereby notified,that should the applicant disagree with this decision, the applicant has the right, under.MGL Chapter 40A, Section 17,to appeal to this decision within twenty days after the date this decision has been filed with the Town Clerk. Fng b z_ O C-) or >c-,:�o CC. Building Inspector Applicant Abutters BOARD 0F'.UPGAL8688.9541. KRLDIN0688-9545 -CONSFRVAnON688-9530 FWiALTH688-9540 PLANNIN0688-9535 � I Denial of Application for Wireless Service Facility Special Permit Denial of Application for Site Plan Special Permit Verizou Wireless—401 Andover Street February 7,2003 Page 2 of G Appendix A Wireless Service Facility Special Permit The Planning Board makes the following.findings as required by the North Andover °Zoning Bylaw Section 8.9: FINDINGS OF FACT: 1. The antenna arrays are to be affmcd behind the parapet'of anexisting stnicture and painted the same color as the structure to camouflage the facility and minim visual impact. Ancillary equipment and generators will be located within the structure and behind the parapet. 2. The Radio-Frequency emissions ofthe,facility meet applicable FCC guidelines and regulations. 3. The carrier has demonstrated that th.efiacility is necessary in order to provide adequate service to the public. 4. The plan rnects the requirements ofthe Wireless Service Facilities By-law Section 8.9. 5. A Zoning Variance for relief of.520 feet from the.required,the 600 foot "fall zone" setback was granted to reduce the setback to on August 1,2002 by the Zoning Board of Appeals. 6. Adequate and appropriate facilities'will.be provided for the proper operation of the proposed facility. 7. The use as developed will.not adversely affect the neighborhood as indicated by the submittals and reports referenced at the end of this decision in Condition#19. Site Plan Special Permit The Planning Board makes the following findings as required by the North Andover Zoning Bylaw Sections 8.3: FINDINGS Or TACT: 1. The use will not result in any nuisance or serious bawd to vehicles or pedestrians. 2. There will be minimal alteration to the existing site or structure as a result of this facility. Finally the Planning Board finds that this project generally complies with the Town of North Andover Zoning Bylaw requirements as listed in Sections 8.3, 8.9, and 10.3 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 CONDMONS: 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 VS 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 i give such notice, the .wireless service .equipment shall ' be considered abandoned -upon discontinuation of operations. }3OMM OF A PLAT S 688-954I BUILDING 688.9345 CONSBRVATIOIV 688.9530 DEAL'M 688-9540, PLANNING 688-9535 i ^ I Denial of Application for Wireleu Service Facility hty SpecialPe rmit Denial of Application for Site P1An Special Permit Verizon Wireless--401 Andover Street February 7,2003 Page 3 of 6 b) Upon abandonment or discontinuatign of use, the carrier shalt 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 pernut for the placement; construction or modification of a wireless service equipment at the site, the carrier shall'past a bond, in a form acceptable to the Town, in an amount sufficient to corer 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 over 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 Gunr#ateea a) The Special Permit holder must maintain in full force and effect, and shall annually, on January 15, file proof of adequate insurance to cover damage. from the equipment on the structure, damage from transmissions and other site liabilities. Insurance in'a reasonable.amount shall be determined and approved by the SPGA, after consultation; at the expense of the applicant; with one(1)or more insurance companies. 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) The Special Permit holder shall annually, on.January 15, file a declaration.with'the with the , SPGA certifying the continuing safe. operation of every facility installed subject. to these regulations and demonstrating continuing compliance with the standards of'the Federal Communications Commission, Federal Aviation Administration and the American National . Standards Institute. BOARD OF AVPEAIS 689,9541 BUILDING 688-9545 C ONST;RVATION 688.9530 HEALTI1688-9540 PLANNING 688-9535 Denial of Application for Wireless Service Facility Special Permit Denial of Application for Site Plan,Special Permit Verizon Wireless—401 Andover Street" February 7, 2003 Page 4 of 6 3) Term of Special Permit, a) A Special Permit issued for tiny wireless service facility shall be valid for three (3) years from the date of its.granting. 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 spade prior to the expiration date of the original or any renewed special permit. Additional measures governing the adisiinistration 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 annual 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 RER 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'equipmentproposed on this facility. c) After the wireless service facility is in operation the applicant shall submit to the SPCA; 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 engioecr; stating; that ,noise measurements are accurate and meet the Noise Standards sub-section 6.1 3.I4,5,of thus Bylaw. d) The applicant and'co-applicant or their. successor in j uterest 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 plain by the.Planniing 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 insuringthat 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, c) The applicant shall provide the necessary escrow accounts and insurance as requited in the above sections 16,2a and 2b. 5. Prior to the start of constrnction: 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 tho site. 6. Prior to FORM U verifcationt(Building Permit fssttance): 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 the Planning Department. BOARD OF MTEALS 688-954I 13LULDING 688-9545 CONS ERVATION'698-9530 HEALTH 688-9540 PLANNING 688-9535 4r I i Denial of Application for Wireless Service Facility Special Permit . Denial of Application for Site Plan Special:Pertnit Verizon Wireless--401.Andover Street February 7,2003 Page 5 of 6 i 7. Prior to verification of the Certificate of Occupancy: a) The applicant must submit a letter from the architect or engi►m 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. 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 tnatetials(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.cmanate sounds from the structures or site. 11. No equipment or other equipment that will emanate noiso-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 tho 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 approval shall apply to and be binding upon the applicant, its employees and all successors and assigns ininterest or control. 15. 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, maybe subject to modification by the Planning Board. 16. Any revisions shall be submitted to the Town Planner 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 on November 12, 2005 or, three years from the date the permit was granted 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 information shall he deemed part of the decision; Plan titled: Verizon.Wireless. Proposed Cellular Communication Facility Route 125-401 Andover Street Prepared for:. : Verizop Wireless 400 Friberg Parkway,Westbtirough,MA Prepared by; . Daigle Engineers,Inc. I.East River Place Methuen,MA. 01844 Sheets: 2957, T-1, A-1,E1 through E-4, G-i, G-2, dated 5/21/01, last revised 117/02,& S-1 though S-2.dated 5/21/01; last revised 1/2/03. BOARD O A TEALS 688-9541. 13UH.DING 688-9545 CONSERVATION 688-9530 HFALTH 688-9540 PLANNING 688-9535 y Denial of application for.Wireless Service Facility Special Permit Denial of Application f6r Site Plan Special Permit Verizon.Wireless—401 Andover Street February 7, 2003 Page 6 of 6 Report: Environmental Noise Impact Assessment Prepared for: . . Verizon Wireless c/o Michael Giaimo Robinson&Cole,l Boston Place,Boston,MA 02108 Prepared by: Douglas.Sheadel Modeling Specialties 30 Maple Road Wcstford,MA 01885 Dated: June 22,2001; last revised March 27,2002 Report: Radio Frequency Emissions Evaluation Prepared for: Verizon Wireless c/o Michael Giaimo Robinson&Cole, 1 Boston Place,Boston,MA 02108 Prepared by: Donald L,Haes,Jr.,Ph.D.CHl' Radiation.Safety Specialist 71 Massachusetts Avenue Building 16-268 Cambridge,MA 02139 . Dated: May 3,20.01 i f i HOAIZI3 Off'APPEAIS 698-9541 KULTHNC 688-9545. COMEnVATION 688-9530 .HEALTH 688-9540 PLANNING 688-9535 t {: Town of North Andover °prH i; O.S, ice of the Zoning Board of Appeals 3= •`°' ` ' ° ti z b '� u y Development and Services Division LLi Min •k 27 Charles Street ytno iJ`N $forth Andover,Massachusetts 01845 �SSRCHU D. Robert Nicetta Telephone(978)688-9541 Building Commissioner Pax(978).688-9542 Any appeal shall be Bled Notiim of Decision within(20)days after the Yeor 2002 date of filing of this notice . in the office of the Town Clerk. pro at: for remises at: 457 Andover Street NAME: Sign Center,40 Orcbard St.,Haverhill,MA for. .REARING(S): -9/10/02& Banknorth Group 1018/0 I ADDRESS: for premises at; 457 Andover Street PETITION: 2002-043 North Andover,MA 01845 :. TYPING DATE: 10/15/02 E The North Andover Board of Appeals held a public hearing at its regular sheeting on Tuesday,October 8, 2002 at 7:30 PM upon the application.of Sign Center,40 Orchard$t.,Haverhill,MA for Banknorth Group,for premises at: 457 Andover Street;North Andover,MA requesting of a Variance from f Section 6,Paragraph 6,61)(1)to reface an existing wall sign larger than allowed;and for a Special Permit from Section 6,Paragraph 6,61)(2)for a permanent ground sign larger than.allowed,within the B-4 zoning district. Tlne following members were present: William i Stdlivan,Walter F.Soule,Scott&KarphiAki,Ellen P. McIntyre,George K Earley,and Joseph D.LaGrasse. 'John M,Pallone did not hear all the evidence. Upon a motion by George M.Earley and 2'by Scott A-Karpmski,the Board voted to GRANT a . dimensional Variance for relief of 12'of height(total 20'height), 10 sq. ft.area(total 35 sq.f,area),and 2:7'setback(total 7.3 from property line)for the existing permanent ground sign,and relief of 2 sq. ft. for the existing(42 sq,I area)per anentgall sign;and a Special Permit front 6.6D(l)for.dte existing permanent wall sign,and from Section 6,Paragraph 6,6D(2)Or the existing permanent ground sign per � The Sign Center,Haverhill,MA 978-372-3721,filename BN N-Andoverla2.plt,dated 10-b9-02 and Site Plan for Proposed Sign Replacement by Richard F.Kaminski,Richard F.Kaminski&Associates,Inc., i 360 Merrimack Street,Lawrence,-MA 01843 dated August2,2002,rev, 8/26/02,needing a further . revision to remove an inaccurate sign diagram which the petitioner's agent is reluctant to correct,thereby not fulfilling the agent's signed admowledgement af"Ct shalt be the responsibility of the petitioner to furnish all supporting documentation with this application.". The petitions are granted with the following conditions: that the site plan mylar be accurate,that the relief gusted be listed on the site plan mylar, and that the wall and the ground sign be externally illuminated. Voting in favor: William J,Sullivan, Scott A.Karinski,Ellen R McIntyre,George M.Earley,and Joseph D.LaGrasse. Walter F;Soule recused himself. Ilse Board finds that the applicant has satisfied the pravisiotns ofSection 6,Paragraph 6.61)(2)of the zoning bylaw and that the permanent ground sign will not be bncangwat s vrith the'district in which it is to be located nor injurious to traffic and safety conditions therein;and Section 10,paragraph 10.4 of theZoning Bylaw in that the granting of this variarice will not adversely affect the neighborhood or derogate from the intent and purpose o£the Zoning Bylaw. . Page t of 2 BOAIW OIL APPEALS 688-954I BULDING 688-9545 CONSERVATION 688-0530 HEALTH 688-9540 PLANNING 688 9535 Y M f Town of North Andover of NaAx�, Office of the Zoning Board of Appeals fi Community Development and Services Division * , 27 Charles Street North Andover,Massachusetts 01845 �s ic►us D,Robert Nicatta Telephone(978)688-9541 Building Commissioner Fax(978)688-9542 Furthermore,if the rights authorized by.the Variance are not exercised within one(1)year of the date of the grant,it shall lapse,and may be re-established only after notice,and a new hearing, Furthermore,if a Special Permit granted under the provisions contained herein shall be deemed to have lapsed after a two(2)year period from the date on which the Special Permit was granted unless substantial use or construction has commenced,it shall lapse and may be re-established only after notice,and a new hearing. Town of North Andover Board of Appeals, A L William 7,5 divan,Chairman Decision 2002-043. Page 2 of 2 Board of Appeals 688-9541 Building 688-9545 Conservation 688-9530: Health 688-9540 Planning 688-9535 Feb 2G 03 1 2: 1 4p NORTH FtNDOVER 9786889542 p. 1 Town of North Andover "��," oQ ,�tio the Zf)niiig Board of Appears p and Services Division k G ,� .pevelopment a _,. ._ s 1)7 Charles Street It ysSACHUSE� 7_liS . �I c,rt i .tido�er,Massachusetts 01845 Iclaphoisc(978) GR5-c�541 D, Robert Nice.lttt Fax (978) 688-9542 }3,rilclirag Cvrrsrr,issiorser i Any as€>p�ai sh:sll be lilctf Mod jr1c.ltion of Decision within(20)days atier the Year 2002 hate of€11in- of this notice in the ulf ic: (II the'rOk n Clerk. Property at: 457 Andover Street i [tiANif : Sian Center, 40 Orchard St" l3aVerh'sll,MA HE,ARING•(Sj: 9/10102&1Qf8JaZ l=or fiasnl:north Grow fl�odi lcation hearita 2111103 <tDDRk SS, for resuises at: 4a7 Andover.Street 1'ETI'CIOIV: 2002.443 forth AtWover,MA 01945 ing clate5. 2/13/03 t he North .�nclov�3 13cratrd of Appe-als ktuld at Public hea�rin;at its regular meeting gn'Tuesday,Februiiry t 1, 200 i, t'ar lm.Aiflcatioal o4'tile decision nn Petition 2U�2 Q4 Yt�u5treef North Andover,MA. the t'he t10ia ifilcallo 1 ol'decisiuil is to ?or I3anl<nurrl� Group, for prelrlisCs aft, 4_7 Andover Lhanne the snyias identification from words"The Sign t;etltes,Haverhill,MA 978-372-372I;liiananle BN N- Andoveda2,Ph, dated 10•09.02 and Site Plan for Proposed Sigel Replacement to Richard 1. Kaminski, /26/illd F. Kaminski Assoc i<ltes,Inc., 360 Merrimack Street,Lawrence, e ared eIte Slr3Cer ter Irrc,�tlac r�n AndaverStreetitNurtii words "',Site Ptrrn ar pro aced 5i tt i`de lacentda r Arttlf,ver, 103, date Au gust?, 2002 revisiarts A. U dart Street Lute utrd Sign Setback pinrensirr,t &l2(,%f12. li. Res i,se tii>rt turd Add,tier Back Rehr I U/231U2, C. Revise "Sr r= �t�nair ski)&Assaci t� Irtc 3GOaiYlerrintack'.5�eet La`t+vren�ce. 12y,t;hard F. Kaminski R.P.R.#29031 Richard r. AIA f1184}, (978 fi874433". The remainder of the decision remains in effect as written. The follt�w'szlg rnumluas were yarescnt and voted in favor: Winter F. Soule,Robert P, Ford,John M. p,,111one, Ellen P. Mchityrc and G<corge M.Parley. Town of North An6ovcr Board of Appeals, .. W<slter F• Soule, vice-chasirmasl Deci6on2002-oA 3 Modtflcatlon2/11/0.3. F3,,:uel vl Appeu4s 69?,-954 t li„il�4ing f,ti8 4515 GU,15L V:11SOr4 hSR•95.1b t Ic:,Sth 6$1i•9S lit Pt muir,g ti8{•05 l5 i ;fit;-. Town of North Andover of Kp orh V 3a v`,V *�y'Ha0c (:'. rof the Zoning Board of Appeals p cdIMWWk ]evelopment and Services Division 27 Charles Street TIP or lover,Massachusetts 01845 �TSsAcHusg D.Robert Nicetta Telephone(978)688-9541 Building Commtissioner. Fax(978)688-9542 Any appeal shall be filed Modification of Decision within(20)days after the Year'2002 date of filing of this notice in the office of the Tows:Clerk, Property.at: 457 Andover Street NAME: Sign Center,40 Orchard St:,Haverhill,MA HEARIIVG(S): 9110/02&lots/02 For Banknorth Group 1l a cation hearing: 2111103 ADDRESS: for premises at: 457 Andover Street: = PETITION: 2002-043 . North Andover,MA 01845 Typing date; 2/13/03 The North Andover Board of Appeals held a public hearing At its iegylar meeting on Tuesday,February 11,2003,for modification of the decision on Petition 2002-043,time-swmlied 10/22/02. Sign Center,40 Orchard St.,Haverhill,MA for Banknorth Group,for promises at: 457 Andover.Street;North Andover,MA. The modification of decision is to change the mylar identificatioai from the words"The Sign Center,Haverhill;MA 978-372 3721,filename BN N- Andoverla2.plt,dated 10-09-02 and Site.Plan for Proposed Sign Replacement by Richard F.Kaminski,Richard F. Kaminski&Associates,Inc',360 Merrimack Street,Lawrence,MA.01843 dated August 2,2002,rev.8/26102,11 to the words "'Site Plan for Proposed Simon Replacement prepared for The Sign Center,_Inc.,1_bcation Andover Street,North Andover,date August 2 2002 revasaons A„U date Street Larne and Sa ri Setback Dimension 8126102. B.Revise Sign and Add Set Back Relle I0123/02. C.-Revise�&n Elevation"01115103. D.Inco orate Sin"B"Onto Plan 214103. bV Richard F.Kaminski,R.P.E.#2903I Richard F.Karn'riski&:Associates Inc. 360 M'errirnack Street Lasvrertce MA 01843,(978)687-I483". The remainder of the decision,remains in effect as written. The following members were present and voted in favor: Walter F.Seale,Robert P,Ford;John M.Pallone,Ellen P. McIntyre and George M.Earley. Town of North Andover Board of Appeals, let Walter .Soule,Vice-Chairman Decision2002-043 Modlfleatlon2/11/03. Board of Appeals 688-9541 Building 688-9545 Conservation 688-9530 Flwhh 688.9540 FIMming 688.9535 RO Town of Worth Andover . =�H C IV C Office of the PIanning Departxn.enti71i 3 0(_r II��. OF ICE Q m Conimunity Developinent and Services Division, QQN 19 PM 160 Osgood Street � x M1� r 12 North Andover,Massachusetts 07845 f SSgCH06 1 O3{{H OF - NOTICE OT DECISION POOR MIME( l()'IEt Any appeal shall betiled within(20)days after the date of filing this notice in. the office of the Town Clerk, Date: June.6,2008 Date of Hearings: May 20,2008,.Tune 3,200$ Date of Decision:June 6,2008 Application of: Bell Atlantic Mobile of Mass Corporation,Ltd. dIb/a Verizon Wireless 400 Friberg Parkway Westborough,MA 01581-3936, Premises Affected: 401.Andover Street, MA 01.845, Assessor's Map 24, Parcel 33; and within the General Business Zoning District. Referring to the above Application for a Special permit Renewal under the requirements of the North Andover Zoning Bylaw, Sections 8,9 3(a)iii-and MGL C.40A, so as to allow the applicants to operate a building mounted wireless service facility. Installed three arrays of four panel antennas for a total of twelve antennas located behind.the parapet walls and placed communications equipment in the attic of the existing building located at 401:Andover St: (Rte. 125) within the G B zoning district. After a public hearing given on the above date, the Planning Board.voted unanimously to APPROVE A SPECIAL PERMIT RENEWAL based upon the following conditions: 4,z Itla Curt Bellavance,Director North Andover Planning Board John Simons,Chairman Alberto Angles,Vice Chairman Jennifer Kusek, Clerk . Richard Rowen Timothy Seibert ` Bell Atlantic Mobile of Mass Corporation,Ltd.,d/b/a Vex izon Wireless 401 Andover Street Special Permit—Renewal of Wheless Service Facility The Planning Board herein approves the Special Permit Renewal so.as to allow the applicants o operate and maintain an existing building mounted wireless service facility consa&Whfo f� . four panel antennas (twelve total antennas) located behind the parapet of.the existing -buil f�ng, an equipment room in the attic space, and an emergency generator on the rooftop behind theTV44pt4wiNn the General Business zoning district., This renewal is-granted pursuant to Mketulil i Law, Chapter 40A and Section 8.9.1.2 of the North Andover Zoning Bylaw!ffiJIP"P Il e above referenced Special.Perin f`for a period three years. This Special Permit Renewal was . requested by Bell Atlantic Mobile of Mass Corporation,Lid., .d/b/a Verizon Wireless, 400 Friberg Parkway,Westborough, MA 01581-393.6. The application and additional doaumeritation as cited herein'was filed with the Planning Board . on April 4, 2008. During the review process,:the Applicant and its professional.consultants also submitted various revisions to. the plans along with .various-,supplemental memoranda and . correspondence in response to requests.by the Planning Board, and by the various departments within the Town of North Andover that reviewed the project. All of these plans, reports and correspondence are contained in the.Planning; Board's files and -are hereby incorporated by reference into the public record for this-hean''69. The Planning Board makes the.following findings as required by:the North Andover Zoning Bylaw Section 8.9: FINDINGS OF IF, 1. The specific site is an appropriate location for the project as it is located on a pre-existing building and will blend with the surrounding neighborhood for an aesthetic and understated wireless communication installation, I The use as developed will not adversely affect the neighborhood as indicated_by the.submittah and reports referenced at the end of this.decision.. 3. The carrier has demonstrated.that'the continuation of the.facility is necessary in order to provide adequate service to the public as indicated by the submittals and reports referenced at the end of this decision. 4. The plan meets the requirements of the Wireless Service Facilities By-law section 8.9,with the exception of the waivers granted,. 5. Adequate and appropriate,facilities will be provided fox the proper continued operation of the proposed use. The twelve(12)panel antennasi equipment room, equipment and cabling are described in detail on the plans and reports referenced herein. The carrier's existing equipment shelter will be an unoccupied,unmanned,specialized area for the wireless communications equipment.. 6. The Radio-Frequency emissions.of the facility meet applicable FCC guidelines and regulations,the application is in compliance with all.FCC&other regulatory requirements. 7. The application is for the renewal of the Special Permit and as such,no new structures,antennas, cables, or equipment will be constructed or installed. 2 Bell Atlantic Mobile of Mass Corporation,Ltd.,d/b/a Verizon Wireless 401 Andover Street Special Permit--Renewal of Wireless Service Facility Finally,Planning Board find that the project is in`harmony with the general purpose and intent of the Town of North Andover Zoning Bylaw and generally complies with the requirements of the Bylaw as listed In Section 8.3, 8,9,and 10.3,but requires.conditions in order to be fully in compliance. The Planning Board hereby grants an approval to the applicant provided.the followhag.eonditions 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 carriek ,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 he 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. i 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) Given that there is no escrow. 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-construcied 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. 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 p or 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) The applicant shall subinit to the SPGA within 90 days of;the issuance of the Special Permit I , Bell Atlantic Mobile of Mass Corporationi Ltd.,d/b/a Verizon Wireless 401 Andover Street Special Permit---Renewal of Wireless'Service Facility renewal, and at annual intervals from.the date of issuance of the Special Permit,preexistent and I 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 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. c) The applicant and co-applicant or their successor,in interest_shall maintaui.the wireless service equipment in good condition, Such maintenance shall include, but,'shall not be limited to, . painting, structural integrity of the flagpole-style monopole and maintenance of the buffer and landscaping,as applicable. d) A certified copy of the recorded decision must be;submitted to the-Planning Department, e) 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. 3 In an effort to reduce noise Jevels, the carriers shall keep their respective equipment in dptimutn j working order, through regular Maintenance, any and all equipment that shall emanate sounds. from the structures or site, 4 No equipment or other equipment that will emanate noise-exceeding levels cited herein shall be I places on the exterior of the structure. Such equipment shall be enclosed as shown on the plans. 5 If applicable, all site lighting shall provide security for the site and structures; however, it must not create any glare or.project any Iight'onto adjacent.residential properties: 6. , The original Special Permit grante&on June 2, 2005 (recorded on April 15, 2005) and approved site plans referenced in Condition #15 by the Planning Board .are herein incorporated by reference. The applicant and its successors shall comply with any/all terms and conditions of the said Special Permit. i 7 The provisions of this approval shall apply to and be binding upon the applicant, its employees and al( successors and assigns in interest or control. S The applicant shall immediately inform the Planning Department in writing of any/all changes in name, company ownership,and contact information: 9 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 modifxcation by the :Planning Board. 10 Any revisions shall be submitted to the Town Planner for review. If these revisions are deemed substantial,the applicant mist submit revised plans to.the Planning-Board for approval. 4 ` Bell Atlantic Mobile of Mass Corporation,Ltd.,dibla Verizon Wireless 401 Andover Street E Special Permit--Renewal of Wireless Service Facility 11 In accordance with Section 8.9.12 of the Zoning Bylaw, .this Special Permit approval shall be deemed to have lapsed after three (3) years from the date permit granted; that date being;June 3, 2011. Prior to the expiration date of the renewed special permit;the applicant and its successors shall file a Renewal application. 12 The following waivers were granted in determining this decision: a. Section 8.9(5)(d)(iii)(3)-�Tree-cover on the subject property and all properties directly abutting . the subject property,.by dominant species and average height. b. Section.8.9(5)(d)(iii)(4)=Outline of all existing buildings,including purpose on subject property and all properties adjacent to the subject property. i e. Section 89(5)(d)(iii)(S)-Idendly.the distances,at grade,from the proposed wireless service facility to each building.on the vicinity plan. d. Section 8.9(5)(d)(iii)(I 2)—Line representing the sight line showing viewpoint and visible point from"Sight Lines". . c, Section 89(5)(d)(iii)(13)—Location of all wetlands on subject property and,within 100' of the ; proposed facility as approved by the Conservation Commission, f. Line representing the sight line showing viewpoint and visible point from"Sight Lines" subsection below. g. Section 8.9(5)(d)(iv)(I)—sight line representation,A sight line representation shall be drawn ! from any public road within 300 feet and the closest facade of each residential building (viewpoint)within 300 feet to the highest point•(visible.point)of the wireless service facility: h. Section 8.9(5)(d)(iv)(2) Preexistent.(before condition)photographs. L Section 8.9(5)(d)(iv)(3)—Proposed(after condition)photographs, j. Section 89(5)(d)(iv)(4)--Siting elevations or views at-grade from the north,south, east and west for a 50-foot radius around the proposed wireless service facility plus from all preexistent public and private roads that serve the subject property. k. Section 8.9(5)(d)(v)(I)—Equipment brochures for the proposed wireless service facility such as manufacturer's specifications or trade journal reprints shall be'piovided for the antennas,mounts, equipment shelters,cables as well as cable runs,and security barrier. 1. Section 8.9(5)(d)(v)(2)—.Materials of the proposed wireless service.facility specified by generic type and specific treatment, m. Section 8.9(5)(d)(v)(3) -Colors of the proposed wireless service facility represented by a color board showing actual colors proposed. n, Section 8.9(5)(d)(v)(5)—Appearance shown by at least two photographic,superimposition's of 5 Bell Atlantic Mobile of Mass Corporation,Ltd.,d/b/a Verizon Wireless 401 Andover Street Special Permit—Renewal of Wireless Service Facility the wireless service facility within the subject property. o, Section.8,9(5)(d)(v)(6)—Landscape plan including preexistent-trees and shrubs and those proposed to be added,identified by size of-specimen at installation and species, p, Section 8.9(5)(d)(v)(7)—Schedule with the Planning Board a balloon or crane t.est at the proposed site,at the expense of the applicant,to illustrate the height of the proposed facility, q. Section 8.9(5)(d)(vii)(3) Letter&orn the Massachusetts Department of Health approving the location of the site. 13.The following information shall be decried part ofthe.decision: . a) Plan titled: Teleconmum'cations Installation at:Route 1.25 North Andover,'MA. Prepared for: Beli Atlantic Mobile of Mass Corporation,Ltd. d/b/a Verizon Wireless 400 Friberg Parkway . Westborough,MA 01581-3936 Prepared by: Daigle Engineers 1 Fast River Place Meibi dn,MA 01844 Scale: Variable Scale Date: April 25,2001,Revised January 2,2008 Sheets: 2 b) Application: Application by Bell Atlantic Mobile of Massachusetts Corporation,Ltd., d/b/a Verizon Wireless to renew the Special Permit for the existing Wireless.Services Facility located at 401 Andover Street,North Andover,MA.for the renewal of a Special Permit Prepared for: Bell Atlantic Mobile of Mass Corporation,Ltd. d/b/a'Verizon Wireless 400 Friberg Parkway Westborough,MA 01581-3936 Prepared by: Robinson&Cole,LLl' One Boston Place uy ' t 1:�FYI Boston,MA 02108 ,~ -" i Y4 c) Scale: Variable Scale Q"p--Q Dated: August 3,2007 _F - � Pages: Tabs A-L = i cc, Building Inspector Applicant Engineer 6