HomeMy WebLinkAbout2020-10-06 Recorded Decision & Plans Wireless SP & SPR S ,
Bk 16596 Pg74 #31445
122 Foster Street 11--09-2020 @ 03 : 52p
Wireless Facility Special Permit and Site Plant Review
2020 _
"Town of North Andover -7U' � ._
yijy' , a Office of the Planning DepartmeAil
>� If Community Development and Services Division .
�., •`� 1600 Osgood Street
ss `" North Andover,Massachusetts 01845
NOTICE OF DECISION 11118 is to 66rufi+that t"nty(20)days
Wireless Facilities Special Permit and Site Platt Review have oja p6od frw date of ctscisEm
WVW no
Any appeal shall be filed IkDate ,a tifi - 0
within (20) days after the TrWy L.Reld
date of filing this notice in Town Clsr*
the office of the Town Clerhr
Date: October 6,2020
Date of Decision: October 6,2020
Application of: Varsity Wireless Investors,LLC
290 Congress Street,Floor 7,
Boston,MA 02214
Premises Affected: 122 Foster Street
North Andover,M.A.01845
Map 104.D Parcel 26
Petition for a Wireless Special Permit and Site Plan Review Special Permit pursuant to North
Andover Zoning Bylaw,Article 8,Pari 3 Site Plan Review,Part 8 Wireless Service Facilities,and
Article 10 Administration, Section 195-10.7.
The applicant seeks to construct,operate,and maintain a Wireless Communications Facility
including without limitation a 110 foot tower camouflaged to appear as a pine tree,panel
antennas, GPS antennas,remote radio heads,cables, 12-foot by 16-foot equipment shelter,radio
communications equipment cabinets and proposed generator for emergency backup power within
the Residential 1 zoning district.
At a meeting attended by Board members(list names)on October 6,2020,the board as directed
by the court in VW1 Towers, LLC v.North Andover Planning Board,C.A.no. 18-10345NMG,
voted upon a motion by A. Preston, seconded by K.Bargnesi,4 in favor, 0 opposed to issue a
special permit and site plan review for the construction,operation, and maintenance of a Wireless
Communications Facility including without limitation a 110 foot tower camouflaged to appear as
a pine tree,panel antennas,GPS antennas,rewrote radio heads,cables, 12-foot by 16-foot
equipment shelter, radio communications equipment cabinets and proposed generator for
emergency backup power within the Residential 1 zoning district,with respect to the petition for
a Wireless Special Permit and Site plan Review Special Permit from the requirements of the
North Andover Zoning Bylaw, Article 8, Part 3 Site Plan Review, fart S Wireless Service
Facilities,and Article 10 Administration, Section 195-10.7. ArMn
AUat copy
1 TOM Clark
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Bk 16596 Pg75 #31445
122 Foster Street
Wireless Facility Special Permit and Site Plan Review
October 6, 2020
On Behr of the North Andover Planning Board
Eitan,Goldberg,Chairman
Peter Boynton
Kate Bargnesi
Aaron Preo-ton
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122 Foster Street
Wireless Facility Special Permit and Site Plan Review
October 6,2020
The Planning Board issues this Wireless Facilities Special Permit Site Plan Review to construct,
operate,and maintain a Wireless Facility at 122 Foster Street,North Andover,MA 01845 to Varsity
Wireless Investors, LLC, 290 Congress Street, Floor 7, Boston,MA 02210, This application and
additional documentation as cited herein was filed by the Applicant with the Planning Board on
August 17,2017,with subsequent submittals on file. The Premises, 122 Foster Street Map 104.1),
Parcel 26,is located entirely within the Residential 1 (R-1)Zoning District,This Board held a duly
noticed public hearing beginning on September 19, 2017 and continuing through multiple
additional hearing nights,concluding on January 16,2018.The Applicant submitted a"Request for
Continuance" until Jan 16, 20I8 and agreed to extend the FCC `shot clock' deadline for the
Planning Board to file its written Decision to and until January 25,2018,The Applicant submitted
a complete application which was noticed and reviewed in accordance with Article 8, Part 3 and
Part 8 and Article 10, Section 195-10.7 of the Town of North Andover Zoning Bylaw and MGL
c.40A, Sec,9.
1. On January 23, 2018 the Planning Board voted to deny the Wireless Facilities Special
Permit and Site Plan Review ;For the construction, operation, and maintenance of a
Wireless Facility to be located at 122 Poster Street.
2. The Applicant, Varsity Wireless Investors, LLC, subsequently appealed the Notice of
Decision in U.S.District Court, VW1 Towers,LLC.v.North Andover Planning Board,C.A,
No. 18-10345NMG.
3, The court directed the Board to issue the requested permits as this Board does herein.
PERMIT DEFMTIONS:
1. The"Locus"or"Site"refers to the approximately 11.5 acre parcel land with frontage on
Poster Street,as shown on Assessors Map 104D Lot 26.
2. The"Plans"refer to the Plans for the proposed facility prepared by ProTerra Design Group,
LLC dated July 5,2017, Revised to October 27,2017
3. The"Project"refers to the construction,operation,and maintenance of a Wireless
Communications Facility including without limitation a 110 foot tower camouflaged to
appear as a pine tree,panel antennas,GrPS antennas,remote radio heads,cables, 12-foot by
16-foot equipment shelter,radio communications equipment cabinets and proposed generator
for emergency backup power within the Residential 1 zoning district.
4. The"Applicant"refers to Varsity Wireless Investors,LLC,the Applicant for the Wireless
Services Facility and Site flan Review, its successors and assigns.
5. The"Project Owner"refers to the person or entity holding the fee interest to the title to the
Locus from time to time,which can include but is not limited to the Applicant,Developer,
and Owner.
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122 Foster Street
Wireless Facility Special Permit and Site flan Review
October 6,2024
Bylaw conditions:
1) Section 195-8.49 Discontinuance Abandonment
a) At such time that a licensed carrier plans to abandon or discontinue operation of wireless
service equipment,such carrier will notify the Town by certified US mail of the proposed
date of abandonment or discontinuation of operations. Such notice shall be given no less
than 30 days prior to abandonment or discontinuation of operations. In the event that a
licensed carrier fails to give such notice,the wireless service equipment shall be considered
abandoned upon discontinuation of operations.
b) Upon abandonment or discontinuation of use, the carrier shall physically remove the
wireless service equipment placed on the site by the carrier within 90 days from the date,
of abandonment or discontinuation of use. "Physically remove" shall include,but not be
limited to:
i) Removal of antennas,mount,equipment shelters and security barriers installed by the
carrier (unless the same will continue to be used by the owner) from the subject
property.
ii) Proper disposal of the waste materials generated by the carrier from the site in
accordance with local and state solid waste disposal regulations,
iii) Restoring the wireless service facility to its natural condition, except that any
landscaping and grading shal I remain in the"after"condition.
c) As a condition of any special permit for the placement, construction or modification of a
wireless service facility,a carrier shall provide a removal bond equal to a sum of money
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 Special Permit Granting Authority (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 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
from the subject property within ninety days.
2) Upgrades:
Subject to,and to the extent not pre-erupted by,47 U.S.C.§332(c),47 U.S.C.§ 1455,47 C.F.R. .
§ 1.6100 (and any amendments, companion or successor laws or regulations thereto), any
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122 Foster Street
Wireless Facility Special Permit and Site Flan Review
October 6, 2020
modifications and/or upgrades should be submitted for approval by the Planning Board and
will be reviewed according to Section 195-8.47 Modifications,of the Town of North Andover
Bylaws.
3) Section 195-8.50 Performance,Guarantees
a) Insurance in a reasonable amount determined and approved by the SPGA after consultation
at the expense of the applicant with one(1)or more insurance companies shall be in force
to cover damage from the equipment on the structure,damage from transmissions and outer
site liabilities.Annual proof of said insurance must be filed with the Town Planner.
b) Funds,sufficient in the opinion of the SPGA to cover annual maintenance of 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 facility on terms to be agreed
upon by the carrier and the SPGA as a condition of approval of the special permit.
c) Annual certification demonstrating continuing compliance with the standards of the
Federal Communications Commission,Federal Aviation Administration and the American
National Standards Institute shall be filed with the SPGA by the special permit holder.
4) Section 195-8.48 Monitoring and Maintenance.
a) 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 R1+engineer,stating that RFR measurements are accurate and
are in compliance or why the measurements fail to comply with all applicable FCC
Guidelines as specified in Article 8, Part 8,Section 195-8.45(7)RFR Filing Requirements
of this Bylaw. The measurements shall be submitted for all co-locators.
b) 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 ongineer, stating that noise measurements are accurate and meet the noise
standards as specified in Article 8, Part 8,Section 195-8.47(6)Noise Filing Requirements
of this Bylaw.
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 and structural integrity of the antennas.
5) Prior to the start of construction:
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122 Foster Street
Wireless Facility Special Perinit and Site Plan Review
October:6, 2024
a) The applicant shall provide the following items for review and approval by the
Planning Board:
I. flans, computations and specifications stamped by a Professional Engineer
Registered in Massaollusetts which shall include: a Geotechnical Report for
Foundation Recommendations;
b) A bond in the amount of tern thousand dollars ($10,000) 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 the approved plan. This bond shall be in the form of a check made out to the
Town of North Andover. This check will then be deposited into an interest bearing
bond account.
c) The applicant shall provide the necessary escrow accounts and insurance as required
in the above sections ld, 3a and 5b.
d) 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 the site.
6) Prior to Building Permit Issuance
The Plans and this Notice of Decision shall be recorded at the North Essex Registry
of Deeds. Two(2)copies of the signed and recorded Notice of Decision with Flans
attached must be delivered to the Planning Department.
7) Prior to verification of the Certificate of Compliance (Control Construction Documentation)
and final approval by the Building and Electrical Inspector 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.
8) prior to the final release of security 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) In an effort to reduce noise levels,the applicant shall keep in optimum working order,through
regular maintenance, any and all equipment that shall emariate sounds from the structures or
site.
10)The provisions of this conditional approval shall apply to and be binding upon the applicant,
its employees and all successors and assigns in interest or control,
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122 Foster Street
Wireless Facility Special Pen-nit and Site Plan Review
October d, 2020
11) 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.
12)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.
13) This special permit approval shall lapse after three years from the date the permit is granted
unless substantial use or construction has commenced. Substantial use or construction will be
determined by a majority vote of the Planning Board.
14) The decision issued by the court in VWI Towers, LLC. v, North Andover Planning Board,
C.A.No. 18-10345NMO is incorporated herein and made a part of this decision along with
the information contained in Attachment A.
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Attacltrnent A ,
Application Special Permit with Site Plan Approval
Plans for the proposed facility prepared by ProTerra Design Group,LLC dated July 5,2011,Revised to
October 5,2011
1ladlo Frequency Report prepared by CSquared Systems on behalf ofVerizon Wireless,dated July 27,
2017
Radio frequency propagatlon wraps prepared by C Squared Systems on behalf of AT&T,dated July 17,
2017
Al ternatives Analysis
Environmental Sound Assessment prepared by Modeling Speclattlos,dated July 10,2017
Tree Cover Assessment prepared by Forester William ft.VanDoren(MA Umnsed Forester 0880),dated
June 4,2015
Limited Stormwater Hydrolooy Report prepared by ProTerra resign Group,LLC,dated July 12,2017
National Environmental Policy Act Status Letter by ED)Consulting,dated August 2,2017
Rertioval Cost Estimate for FacHlty prepared by ProTerra Design Group,LW,dated August 2,2017
zant»g Map with property Identl fled
FAA TOWAIR ;
AT&Ts Relevant FCC License Information
VerizoWs Relevant FCC License 1001•mstlan
Radio prequency Emissions Compliance Report,dated June J.,2017,prepared by Donald L.Haes,Jr.,
PKd.,CHIP
Letter of Authorization
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Memorandum of option and ground rase Agreement,dated Juice 8,2014.
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Isotrope,Wireless Consultant Peet Review,correspondence letters, i
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+ observations on Varsity Wireless Appilatlon for a Wit'eless7ower at 122.FosterStreet,
j North Andover
+ Revlewof Varsity wireless Application for Variances for 122 rusterStMet Wireless
Facility
• Momorandum on Small-cell Solutions
n Coverage Assessment of Alternatives to Proposed 1.22 rost*r St rower
+ Prospatts for 409 foster Street as a Call Site r
• MIsc'documents: i
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Bk 16596 Pg82 #31445
« photographic simulation Package,dated January 16,2018
• Supplemental ALT Johnson st 01m018-Isotrope
+ >35pS PCS• 07RT-9&dt3rr�elcl5t#ng Isotrope
• Effect of Reduction of Haight on Coverage(Verizon Wireless)
Photographlcsimulation Package: Proposed Wireless Telecommunications Facility,dated September,
23,2017,
Photographic Simulation Package: Proposed Wireless Telecominunlcatlons Facility,dated November 18,
2017
Various Monopine Images
Application foti'Special Permit with Slte Plan Approval for Wireless Services Facility.,supplement No,1,
dated October 12,2017
Application for Special Permitwith Site Plan Approval for Wireless Services Pac#lity:Supplement No,2,
dated Novem bar 2,2017
Varsity Wireless Presentation fortheTown of North Andover Planning Board,dated September 19�2017
varsity Wireless presentation for the Town of North Andover Planning Board,dated October%2017
Varsity Wireless Presentation for therTown of North Andover Planning Board,dated Novembea,2017
Varsity Wireless presentation fortheTown of North Andow Planning Board,dated December 5,2b17
Varsity Wireless Presentation forfheTown of North Andover Planning Board,dated January 16,20111
Friends of poster Farm Petition to save Foster Farm Vora 115,Call Tower as J22 Foster 5traot,North
Andover,MA
Various Resident correspondence
Chris M.ParePs,Notlonal arid,dated December 12,20J.7
• Hobert F.MurphyJr.,Esquire,dated Decellib"20,2017
s Andrew Caffrey,Jr,dated,January 16,2018
P.Rivet 2/16/18 Planning Board meeting submission
t. Roborts/c Parana 1/1611s Planning Board meeting email correspondence submission
` 26A Decision,dated January3,2018
Effect of Reduction of Height on Coverage(Verizon Wlretess)
Effect of Reduction of Helghton Coverage(AUT)
700 MHz LTE Height Analysis(-93 dBm)
19oo MHz LTS Nlelght Analysis(-go dum)
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iwxlsting/Proposed(liatched)/Alternate 700 MHx LTG Coverage
Existing/Proposed/Alternate(Hatched)700 MHz LTA Coverega
Existing/Proposed(Hatched)/Alternate 1900 MHz LTE Coverage
Existing/Proposed/Alternate(Hatched)1800 MHz LTG Coverage
M.Lavin,st%RP Engineer C 5quarod Systems,lLC Contractor fol'Vatizon,Vrahlilty of"dohnson Street"
'Cower correspondence,dated January 11,2018
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