HomeMy WebLinkAboutMiscellaneous - 0 JOHNSON STREET NORTH ANDOVER OLDE CENTER HISTORIC
DISTRICT COMMISSION: '`
Certificate of Appropriateness
This certificate of Appropriateness is issued this
First day of May 2014 to The Brick Store at 5 Johnson
Street in accordance with Chapter 40C of the General Laws
of the Commonwealth of Massachusetts as amended and
the by-laws of the North Andover Olde Center Historic
District Commission.
This will allow for a new sign at the Brick Store with
THE PROOF APPROVED BY THE COMMISSION AT
T MET G.
Ge rge . Sc r, J . Chairman
Kathleen Szys
Robert
St{/e�vens
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Martha Larson
Leslie Frazier
Harry Aznoian
Richard 1
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T01'; RECEIVED
ERH'S nFrICE
Town of North Andover Planning Board JAM28 AMID 40
Application for Special Permit _
MASSAVAR
Please type or print clearly. HUS T I$
1. Pc000m r:T'Mobile Northeast,LLC(toonedy Omnipoint Commurdca8ons,LLC)
Petitioner's Addras:15 Cm0°nmcs Way' Ork' MA 02788
'telephone number:S982862728 Ca"Marquis,m 978.878.4954 Gln Vilarde-Agent
2. Owners of the Land:Greater Lawrence Community Ammons s Inc.,Comcast COMmotion
Address:Johnson Sheet
Number of years of owncnhip:UnWwwn
3. Year lot was created:Unknown
4 Description of Proposed Project:
5, Description of Premises:
6. Address of Property.Being Affected Johnson Street
Zoning DistrkkRm'dential District 2 -- —
Assesaon: Map: Lot N 29
POU
Registry of Dentist Book Page N
7• Existing Lot:
Lot Area(Sq.Ft) 16.88 acres Building Height NIA
Sheet Frontage: Side Setbacks:
Front Setback: Rear Setback-
Floor Area Ratio: Lot Coverage:
8. Proposed Lot(if applicable):
Lot Area(Sq.Ft) NIA Building Height
Street Frontage: Side Setbacks:
Front Setback: Rear Setback:
Floor Area Ratio: LM Coverage:
9. Required Lot(as required by Zoning Bylaw): Badding Height
Lot Area(Sq.Ft) _/_ ._
Street Frontage: Side Setbacks: —_—.
Front Setback: Rear Setback:
Floor Area Ratio: Lot Coverage:
10. Existing Building(if apptiN Ak): #of Floors:
Ground Floor(Sq.FL) Hdghk
Total Sq.Ft.
Use: Type of Construction
11. Proposed Building:
Ground Fluor(Sq.Ft.) WA #of Floor:
Total Sq.Fl. Height:
Use: Type of Constructionlantains-
12. Board
12. Has there a previous application
Hn when and for what type o onsWcm thetme? Ju y 2000 on these
premiseses so
13. Section of Zoning Bylaw that Special Permit Is Being
Requested
14. Petitioner and Landowner signature(s):
Every application for a Special Permit shall be ,to on this form which is the official form of the
Planning Board. Every application shall be filed with the Town Clerk's office. It shall he the
responsibility of the petitioner to furnish all supporting documentation with Otis application.
The dated copy of this application received by the Town Clerk or Planning Office does not
absolve the applicant from this responsibility. The petitioner shall be responsible for all expenses
for filing end 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 orad
ofthis application as incomplete.
Petitioner's Signature:
Print or type name here:Gin V lards-Authorized Agent
Owner's Signature:
Print or type time here:Ganem l Corporation(Please see attached lease agreement)
15. Please list title of plans and documents you will be attaching to this apPlication.
Plan Title: Media One North Andover dialect 0/16/00
Please we the attached application package.
Abutter to Abutter( ) Building Dept ( ) Conservaflon ( ) Zoning ( )
Town of North Andover
Abutters Listing
REQUIREMENT: .01.a ,curchu n creme h eh.....helm.reat es usce none chslcha rma neer the pe4tmer.
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three hundred(300)Her o11M pmpaM line W the Iserieener re May asetarm Ne need recent appliraGb
her AM not vothsrandlrp Me Me and of any such awTY a local in another cor or tont,IM planning
Wem of the.1.11— YH me' in9 hoard of every scout,coy or ten"
Subiect Prgpmiv:
MAP PARCEL Name Addresses
38 29 Comcast Corporeal P.O.Box 173838,Denver,CO 802174838
Abutters Properties
Mao Parcel Name AFL
38 28 David Gordon. 637 Johnson Sheet,Norm Andover MA 01845
38 69 Paul Lamm 755 Johnson Street,NOM Andover MA 01845
38 70 Krishna Monk 743 Johnson Street,Norm Andover MA 01845
38 71 JW Patterson 731 Johnson Street.NOM Andover MA 01845
36 72 Thomas Burke 719 Johnson Sheet,NOM Andover MA 01845
38 73 Another Wasserman 707 Johnson Sheat North Andover MA 01845
38 74 Jeffrey Cow 695 Johnson Sol Norm Andover MA 01845
38 75 Susan Gafmy 693 Johnson Street NOM Andover MA 01845
38 76 Michael Panel 671 Johnson Street NOM Andover kM 01845
38 91 Joseph Dr is 767 Johnson Sheet North Andover MA 01845
38 98 Town of NOM Andover 120 Main Sheet.NOM Andover MA 01845
38 248 Gregory Donovan 40 Holly Ridge Road,North Andover MA 01845
38 249 Mark Van Buskirk 30 Holly Ridge Road North Antlover MA 01845
38 250 Phillip Sacha 35 Holly Ridge Road NOM Andover MA 01845
38 251 Paul Bodet 46 Holly Ridge Road NOM Andover MA 01845
98.8 1869 Town of North Andover 120 Main Street,North Andover MA 01845
98.B 16 Phillip Macy 85 Holly Ridge Road,NOM Andover MA 01845
98.6 17 Michael Schiff 73 Holly Ridge Road,NOM Andover MA 01845
98.13 18 Glyn Blanks 63 Holly Ridge Road,NOM Andover MA 01845
98.13 19 Leonanlus Zink 51 Holly Ridge Road,NOM Andover MA 01845
96.8 20 Timothy Goodman 58 Holly Ridge Roatl,NOM Andover MA 01845
98.8 21 Kimbe ity Moroni 6O Holly Ridge Roatl,NOM Andover MA 01845
98.13 72 Bryce Chiwyne 40 Ritlge Road North Andover MA 01845
98.8 73 Devin Mackenzie 52 Ridge Road,North Andover MA 01845
98.B 74 Uni Khasgiwala 60 Ridge Road,North Andover MA 01845
98.B 75 PANG Whyte 68 Ridge Road,North Andover MA 0180.5
98.B 76 Chetan Shah 6 Skyview Terrace,North Andover MA 01845
98 B T] Frank Lagana 14 SkWiew Terrace,NOM Andover MA 01845
98.8 78 Kevin Willce 24 Skyview Terrace,North Andover MA 01645
98.B 79 Joao Caro loo 32 Skyviea Terrace,North Andover MA 01845
98.8 80 David Fine 42 SkWiew Terrace,North Andover MA 01845
98.13 82 James Stevens 31 Skinier,Terrace,North Andover MA 01845
98.13 83 Robert Boost 21 Skin."Terrace,North Andover 11101 US
98.8 84 Constopher Clifford 11 Skyview Terrace,NOM Andover MA 01845
98.8 85 James Penemish 5 Skyvlew Terrace,North Andover MA 01845
10ZA 27 William Appleton 815 Johnson Sheet NOM Andover MA 01845
107 A W Theresa Unlet' 805 Johnson Street NOM Andover MA 01845
107.A 68 Pahiala McCrudden 795 Johnson Street NOM Andover MA 01845
IOTA a9 Dennis Tend 777 Johnson Street,NOM Andover MA 01845
107.0 14 Peter Cajoling 128 Mill Road NOM Andover MA 01845
This Cert0les that the names eppeadng On the
records of the Assessors fflCe as of
/fir l)
Certtfied b�1 Date
70 BROADWAY STREET
WELLMAN ASSOCIATES, INC. P.O.Box 738
WesTFoso,MA 01886
January 28,2010
Town of North Andover
Planning Board
1600 Osgood Street
Bldg 20, Suite 2-36
North Andover,MA 01845
RE: T-Mobile Northeast,LLC
Special Permit Renewal—Wireless Facility at:
Johnson Street,North Andover,MA
Dear Members of the Board:
This turn represents the Applicant in connection with an application for a Special
Permit Renewal from the Town of North Andover. On behalf of T-Mobile Northeast,
LLC (the "Applicant"), formerly Omnipoint Communications, Inc., we respectfully
request to renew our Special Permit for the wireless service facility at the above
referenced location pursuant to Section 8.9 and any other relief deemed by the Town to
be required under applicable provisions of the Town of North Andover By Laws.
This letter is submitted in support of the attached renewal application, together with
various other supporting materials enclosed herewith.
Company Information
Omnipoint Communications, Inc. was a wholly owned subsidiary of T-Mobile USA,
Inc. Effective July 1, 2009, T-Mobile USA, Inc. has simplified its corporate structure by
combining certain of its subsidiaries including Omnipoint Communications, Inc.. Certain
assets, including local government permits and pending applications by Omnipoint
Communications, Inc. have been and are now conveyed to and assumed by T-Mobile
Northeast,LLC,a wholly owned subsidiary of T-Mobile USA,Inc.
Description of Existing Installation
The Applicant received its Special Permit to install nine (9)panel antennas on the
existing guyed-tower. Coaxial cables connect the antennas to three (3) equipment
cabinets located on the ground on a concrete pad. Pursuant to the FCC mandate requiring
E911 capabilities, one (1) 19" GSM antenna as well as one (1) 3 9116" GPS antenna has
been installed on the Applicant's existing ice bridge.
Submission Reauirements
Section 8 9 5(d)(i)Application Filing_Requirements
i) General Filing Requirements
(1) Name, address and telephone number of the Applicant and co-applicants as well
as any agents for the Applicant or co-applicants. A 24-hour emergency telephone
contact number shall be included for use during construction as well as operation
of the wireless communication facility.
The Applicant requesting the Special Permit is T-Mobile Northeast, LLC,
formerly Omnipoint Communications, Inc., with an address of 15 Commerce Way,
Norton, MA 02766. Gerry Marquis, Zoning Manager, may be reached at (508) 286-
2726. The agent for the applicant is Wellman Associates with a mailing address of 70
Broadway Street, P.O. Box 738, Westford, MA 01886. The agent's representative
Gin Vilame may be reached at (978) 846-4954. The 24-hour emergency telephone
contact number is 1 (888)218-6664.
(2) Co-applicants may include the landowner of the subject property, license
carriers and tenants for the proposed wireless service facility.
The Applicant has executed a License Agreement with MediaOne to collocate on the
existing tower. Please find enclosed a copy of the Agreement evidencing T-Mobile's
right to collocate on the tower and use the property for its facility.
(3) Every application for a wireless service facility Special Permit shall include at
least one licensed carrier and the owner of the land as an applicant or a co-
applicant.
Enclosed please find the Applicant's FCC license to provide service in the Town of
North Andover.
(4) Original signatures for the applicant and all co-applicants applying for the
Special Permit. If an agent represents the applicant or co-applicant, an original
signature authorizing the agent to represent the applicant amUor co-applicant is
required. Photo reproductions of signatures will not be accepted All other filing
requirements in the Zoning Bylaw and the Rules and Regulations as applicable
must be complied with.
Attached please find the Special Permit Application for renewal which contains
original signature from the Applicant as well as authorization from the Applicant
allowing Wellman Associates, Inc. to represent them through the Special Permit
process. Also enclosed, is the Tower Site Agreement between T-Mobile and the
property owner evidencing T-Mobile's rights to collocate on the tower.Authorization
was provided to the Town with the original application.
ill Location Filing Requirements
(1) Identtfy the subject property by including the name of the nearest road or roads,
street address, and Assessors Map and Parcel number ofsubject property.
The subject property has an address of Johnson Street and is identified at the North
Andover Assessor's office as Map 38, Parcel 29. There are no roads within 100 feet
of the existing facility.
(2) Identify the Zoning District designation for the subject parcel. Submit a copy of
the Town zoning map with parcel identified
The subject parcel is located in Residential District 2. Please find enclosed a copy of
the Town wring map with the subject parcel identified.
(3) A locus map at a scale of I" = 1500' showing the subject property and all
properties within 300 feet and the location of all buildings, including accessory
structures on all properties shown.
Enclosed, please find plans prepared by SFC Engineering Partnership, Inc., and
submitted with original application.
(4) A map showing the other preexistent and approved wireless service facilities in
North Andover and outside North Andover within one mile of its boundary.
Enclosed, please find a map depicting the Applicant's existing facilities within
the Town of North Andover and within one mile of its corporate limits. The
Applicant respectfully requests a waiver from the requirement of showing all
existing personal wireless service facilities as the Applicant is not privy to the
locations of competing carriers' facilities.
(5) GPS all equivalent system locating by latitude and longitude wireless service
facilities
The proposed wireless service facility GPS location is 42.662142° -71.099725.
iii) Siting Filing Requirements. A one-inch-equals-40 feet plan prepared by a Registered
Professional Engineer in the Commonwealth of Massachusetts showing the
following:
Please see the enclosed plans prepared by SFC Engineering Partnership,Inc..
(1) Property lines for the subject property.
Please see the enclosed plans prepared by SFC Engineering Partnership,Inc..
(2) Property lines of all properties within 300 feet of the proposed location.
Please see the enclosed plans prepared by SFC Engineering Partnership,Inc..
(3) Tree cover on the subject property, by dominant species and average height.
Please see the enclosed plans prepared by SFC Engineering Partnership,Inc..
The Applicant respectfully requests a waiver from this requirement as the facility is
currently existing as this application is for renewal of the Special Permit.
(4) outline of all existing buildings, including purpose (e.g. residential buildings,
garages, accessory structures, etc.) on subject property and all properties
adjacent to the subject property.
The Applicant respectfully requests a waiver from this requirement as the facility is
currently existing as this application is for renewal of the Special Permit.
(S) Proposed location ofantenna mount and equipment shelters(s).
Please see the enclosed plans prepared by SFC Engineering Partnership, Inc..
(6) Proposed security barrier, indication type and extent as well as point of
controlled entry.
The existing installation is enclosed within the compound that is secured within a
chain-link fence. Please see the enclosed plans prepared by SFC Engineering
Partnership,Inc..
(7) Location of all roads, public and private, on the subject property and on all
adjacent properties within 300 feet including driveways proposed to serve the
wireless service facility.
Please see the enclosed plans prepared by SFC Engineering Partnership, Inc..
(8) Distances, at grade,from the proposed wireless service facility to each building
on the vicinityplan.
The Applicant respectfully requests a waiver from this requirement as the facility is
currently existing as this application is for renewal of the Special Permit.
(9) Contours at each 2 feet AMSL for the subject property and all adjacent properties
within 300 feet.
The Applicant respectfully requests a waiver from this requirement as the facility is
currently existing as this application is for renewal of the Special Permit.
(10) All proposed changes to the preexistent property, including grading, vegetation
removal and temporary or permanent roads and driveways.
Please see the enclosed plans prepared by SFC Engineering Partnership,Inc.. Please
note that this is an application for renewal of the Special Permit,and there are no
additional changes to the property.
(11) Representations, dimensioned and to scale, of the proposed mount, antennas,
equipment shelters, cable runs, parking areas and any other construction or
development attendant to the wireless service facility.
Please see the enclosed plans prepared by SFC Engineering Partnership,Inc..
(12) Lines representing the sight line showing viewpoint(point from which view is
taken and visible point(point being viewed)from 'Sight Lines"subsection below.
The Applicant respectfully requests a waiver from this requirement as the facility is
currently existing as this application is for renewal of the Special Permit.
(13)Location of all wetlands on the subject property and within 100'of the proposed
facility as approved by the Conservation Commission.
The Applicant respectfully requests a waiver from this requirement as the facility is
currently existing as this application is for renewal of the Special Permit.
iv)Sight lines and photographs as described below:
(1) 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. Each sight line shall be depicted in profile, drawn at one-inch
equals 40 feet scale. The profiles shall show all intervening trees and buildings.
In the event there is only am (or more) residential building within 300 feet there
shall be at least two sight lines from the closest habitable structures or public
roads, if any.
The Applicant respectfully requests a waiver from this requirement as the facility is
currently existing as this application is for renewal of the Special Permit.
(2) Preexistent (before condition) photographs. Each site shall be illustrated by one
four-inch by six-inch color photograph of what can currently be seen from any
public roads and residential buildings if the proposed wireless service facility is
built
Enclosed,please find photographs of existing conditions of the wireless facility.
(3) Proposed (after condition) photographs. Each of the preMstent condition
photographs shall have the proposed wireless service facility superimposed on it
to show what will be seen from public roads and residential buildings if the
proposed wireless service facility is built.
The Applicant respectfully requests a waiver from this requirement as the application
is for renewal of a Special Permit. The existing conditions photographs also represent
the post-installation conditions.
(4) Siting elevations or views at-grade from the north, south, east and west for a 50-
foot radius around the proposed wireless service facilityplus from all preexistent
public and private roads that serve the subject property. Elevations shall be at
either on-quarter inch equal one foot or one-eight inch equals one foot scale and
show the following:
The Applicant respectfully requests a waiver from this requirement as the facility is
currently existing as this application is for renewal of the Special Permit.
(a)Antennas, mounts and equipment shelter(s), with total elevation dimensions
and average ground level(AGL)of the highest point.All future proposed
antennas, mounts and equipment shelters if any must be shown in order to be
included in the Special Permit.
Please see the enclosed site plans prepared by SFC Engineering Partnership,Inc..
(h)Security barrier. If the security barrier will block views of the wireless service
facility, the barrier drawing shall be cut away to show the view behind the
barrier.
Please see the enclosed plans. The antennas are mounted on the existing tower ,
and the base station equipment is enclosed within the compound that is
secured with a chain and combination lock.
(c)Any and all structures on the subject property.
Please see the enclosed plans prepared by SFC Engineering Partnership, Inc..
(d)Preexistent trees and shrubs at current height and proposed trees and shrubs
at the proposed height at time of installation, with approximate elevations
dimensioned.
The Applicant respectfully requests a waiver from this requirement as the facility
is currently existing as this application is for renewal of the Special Permit.
(e) Grade changes, or cuts andfdl, to be shown as original grade and new grade
Jim, with two-joot contours AMSL.
The Applicant respectfully requests a waiver from this requirement as the facility
is currently existing as this application is for renewal of the Special Permit.
v)Design Filing Requirements
(1)Equipment brochures for the proposed wireless service facility such as
manufacturer's specifications or trade journal reprints shall be provided far the
antennas, mounts, equipment shelters, cables as well as cable runs, and security
barrier, ifany.
Enclosed please find plans detailing installed equipment and its specifications.
(2)Materials of the proposed wireless service facility specified by generic type and
specific treatment(e.g. anodized aluminum stained wood painted fiberglass,
alloys, etc.) these shall be provided for the antennas, mounts, equipment shelters,
cables as well as cable runs, and security barrier, if arty.
The antennas are constructed of aluminum and the equipment cabinets are
constructed of steel and are installed inside the compound enclosed within a
stockade fence.
(3) Colors of the proposed wireless service facility represented by a color board
showing actual colors proposed Colors shall be providedfor the antenna mounts,
equipment shelters, cables as well as cable runs, and security harrier, if any.
The Applicant respectfully requests a waiver of this requirement. The facility is
currently existing as this application is for renewal of the Special Permit
(4) Dimensions of the wireless service facility specified for all three directions:
height width and breadth. These shall be provided for the antennas, mounts,
equipment shelters and security barrier, i,fany.
Enclosed please find plans prepared by SFC Engineering Partnership,Inc..
(5)Appearance shown by at least two photographic superimpositions of the
wireless service facility within the subject property. The photographic
superimposition's shall be provided for the antennas, mounts equipment shelters,
cables as well as cable runs, and security barrier, if arty,for the total height,
width and breadth
The Applicant respectfully requests a waiver of this requirement. The facility is
currently existing as this application is for renewal of the Special Permit.
(6)Landscape plan including preexistent trees and shrubs and those proposed to be
added, identified by size ofspecimen at installation and species.
The Applicant respectfully requests a waiver from this requirement as the facility is
currently existing as this application is for renewal of the Special Permit.
(7) During the public hearing process the applicant shall 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.
The Applicant respectfully requests a waiver from this requirement as the facility is
currently existing as this application is for renewal of the Special Permit.
(8)If lighting on the site is required by the FAA, the applicant shall submit a
manufacturers computer generated point-to point printout, indicating the
horizontal foot-candle levels at grade, within the property to be
developed and twenty-five (25)feet beyond property lines. The printout shall
indicate the locations and types of luminaries proposed
This requirement is not applicable as the Applicant did not increase the height of
the pole. The existing tower currently has lighting as required by the FAA.
vi)Noise Filing Requirements
(1) the applicant shall provide a statement listing the preexistent and maximum Faure
projected measurements of noise from the proposed wireless service facilities,
measured in decibels Ldn(common logarithmic scale, accounting for greater
sensitivity at night),for the following:
(a)Preexistent or ambient., the measures ofpreexistent noise
(b)Preexistent plus proposed wireless service facilities: maximum estimate of
noise from the proposed wireless service facilityplus the preexistent noise
environment.
(c)Such statement shall be certified and signed by an acoustical engineer, stating
that noise measurements are accurate and meet DEP requirements and
Section 8.9(4)(e).
Enclosed, please find an environmental sound assessment of the existing facility prepared
by Modeling Specialties dated January 13,2010.
vii)Radiofrequency Radiation (RFR)Filing Requirements
(1)All telecommunications facilities shall be operated only at Federal
Communications Commission (FCC)designatedfrequencies,power levels and
standards, including FCC designatedfrequencies,power levels and standards,
including FCC Radio Frequency Emissions standards. The applicant shall
provide certification demonstrating that the maximum allowable frequencies;
power levels will not be exceeded Certifications shall include technical
specifications, a written explanation of those specifications, and if necessary,
field verification The Permit Granting Authority may condition any Special
Permit granted under this section upon a periodic submittal of certification of
compliance with said standards.
(2)In order to determine compliance with applicable FCC regulations, the applicant
shall provide a statement listing the preexistent and maximum future projected
measurements of RFR fro in the proposed wireless seryice facility, including all
co-locators,for the following situations:
(a)Preexistent or ambient; the measurement ofirreexistent RFR
(b) Preexistent plus proposed wireless service facilityplus the preexistent RFR
environment.
(c) Certification, signed by a engineer, stating that RFR measurements are
accurate and meet FCC Guidelines as specified in the Radiofrequency Radiation
Standards subsection of this Bylaw.
Enclosed please find RFR reports prepared by Donald B. Haes, Jr. dated December
29,2009.
(3) Applicant must submit a copy of the letter f om the Massachusetts Department of
Public Health approving the site for this facility as required by 105CMR 122.000
requires that the Department of Public Health approve all sites for wireless
facilities with respect to emissions.
This standard is no longer applicable. Please find enclosed a statement from the
Massachusetts Department of Public Health was filed with the original special permit
application.
viii)Federal Environmental Filing Requirements
(1)At the time of application fling, an Environmental Assessment(EA) that meets
FCC requirements shall be submitted to the Town for each wireless service
facility site that requires such an EA to be submitted to the FCC
(2) The applicant shall list location, type and amount (Including radiation trace
elements) of any materials proposed for use within the wireless service facility
that are considered hazardous by federal, state or local government
This standard is not applicable as the tower was built prior to 2001, and is exempt
from EA standards.
&II(e)fil) SURVEY OF LOT/PARCEL: A boundary survey conforming to the
requirements of the Essex County Registry of Deeds Office. The survey shall be dated and
include any revision made to the survey or site plan. Any change in the survey shall be
recorded before site plan approval may he granted.
The Applicant respectfully requests a waiver from this requirement as the facility is
currently existing as this application is for renewal of the Special Permit.
Additionally, in support of our request for a Special Permit, please find the following
enclosed information:
1) Special Permit Application;
2) List of Requested Waivers;
3) Certified abutters fist;
4) Application Fee;
5) Construction Compliance Affidavit;
6) Radio Frequency Engineer Affidavit;and
7) Coverage plots of the depicting the Applicant's existing coverage.
We look forward to meeting with the Board at its next available meeting. Should there be
questions concerning this renewal application in the meantime, please call me at (978)
846.4954. T-Mobile looks forward to continuing to provide superior wireless
communications service to the businesses and residents of Town of North Andover.
Sincerely,
Ilk,-
Gin
lante
Agent for T-Mobile Northeast,LLC
Cc:Gerry Marquis
January 28,2010
Town of North Andover
Planning Board
1600 Osgood Street
Bldg 20, Suite 2-36
North Andover,MA 01845
RE: T-Mobile Northeast,LLC
Special Permit Renewal—Wireless Facility at:
Johnson Street,North Andover,MA
Dear Members of the Board:
In addition to the Special Permit renewal application package and letter,the Applicant
submits the following list of waivers requested:
&9.5(d)(u)(4)A map showing the other preexistent and approved wireless service
facilities in North Andover and outside North Andover within ane mile of its boundary.
Enclosed,please find a map depicting the Applicant's existing facilities within the
Town of North Andover and within one mile of its corporate limits. The Applicant
respectfully requests a waiver from the requirement of showing all existing personal
wireless service facilities as the Applicant is not privy to the locations of competing
carriers' facilities.
&9.5(d)(1ii)(3) Tree cover on the subject property, by dominant species and average
height.
Please see the enclosed plans prepared by SFC Engineering Partnership, Inc..The
Applicant respectfully requests a waiver from this requirement as the facility is currently
existing as this application is for renewal of the Special Permit.
8.9.5(d)(di)(4) Outline of all existing buildings, including purpose (e.g. residential
buildings, garages, accessory structures, etc.) on subject property and all properties
adjacent to the subject property.
The Applicant respectfi lly requests a waiver from this requirement as the facility is
currently existing as this application is for renewal of the Special Permit.
&9.5(d)(iii)(8) Distances, at grade, from the proposed wireless service facility to each
building on the vicinity plan
The Applicant respectfully requests a waiver from this requirement as the facility is
currently existing as this application is for renewal of the Special Permit.
&9.5(d)(di)(9) Contours at each 2 feet AMSL for the subject property aad all adjacent
properties within 300 feet.
The Applicant respectfully requests a waiver from this requirement as the facility is
currently existing as this application is for renewal of the Special Permit.
&9.5(d)(W)(12) Lines representing the sight line showing viewpoint (point from which
view is taken and visible point(point being viewed)from `Sight Lines"subsection below.
The Applicant respectfully requests a waiver from this requirement as the facility is
currently existing as this application is for renewal of the Special Permit.
&9.5(d)(di)(13) Location of all wetlands on the subject property and within 100' of the
proposed facility as approved by the Conservation Commission.
The Applicant respectfully requests a waiver from this requirement m the facility is
currently existing as this application is for renewal of the Special Permit.
8.9.5(d)(d•)(1) 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 Each sight line shall be depicted in profile, drawn at one-inch equals 40 feet
scale. The profiles shall show all intervening trees and buildings. In the event there a
only one (or more) residential building within 300 feet there shall be at least two
sight lines from the closest habitable structures or public roads, ifany.
The Applicant respectfully requests a waiver from this requirement as the facility is
currently existing as this application is for renewal of the Special Permit.
8.9.5(d)(iv)(3)Proposed(after condition)photographs. Each of the preexistent condition
photographs shall have the proposed wireless service facility superimposed on it to show
what will be seen from public roads and residential buildings if the proposed wireless
service facility is built.
The Applicant respectfully requests a waiver from this requirement as the application i
for renewal of a Special Permit.The existing conditions photographs also represent the
post-installation conditions.
&9.5(d)(h,)(4)Siting elevations or views at-grade from the north, south, east and west for
a 50 foot radius around the proposed wireless service facilityplus from all preexistent
public and private roads that serve the subject property. Elevations shall be at either on
quarter inch equal one foot or one-eight inch equals one foot scale and show the
following:
The Applicant respectfully requests a waiver from this requirement as the facility is
currently existing as this application is for renewal of the Special Permit.
8.9.5(d)(tv)(4)(d)Preexistent trees and shrubs at current height and proposed trees and
shrubs at the proposed height at time of installation, with approximate elevations
dimensioned
The Applicant respectfully requests a waiver from this requirement as the facility is
currently existing as this application is for renewal of the Special Permit.
8.9.5(d)(lv)(4)(e)Grade changes, or cuts and fill, to be shown as original grade and new
grade line, with two foot contours AMSL
The Applicant respectfully requests a waiver from this requirement as the facility is
currently existing as this application is for renewal of the Special Permit.
&9.5(d)(v)(3) Colors of the proposed wireless service facility represented by a color
board showing actual colors proposed Colors shall be provided for the antenna
mounts, equipment shelters, cables as well as cable runs, and security barrier, if arty.
The Applicant respectfully requests a waiver of this requirement. The facility is
currently existing as this application is for renewal of the Special Permit.
&9.5(d)(v)(5) Appearance shown by at least two photographic superimpositions of the
wireless service facility within the subject property. The photographic superimposition's
shall be provided for the antennas, mounts equipment shelters, cables as well as cable
runs, and security barrier, ifany,for the total height, width and breadth.
The Applicant respectfully requests a waiver of this requirement. The facility is currently
existing as this application is for renewal of the Special Permit.
&9l5(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.
The Applicant respectfully requests a waiver of this requirement. The facility is currently
existing as this application is for renewal of the Special Permit.
&9.5(d)(v)(7) Luring the public hearing process the applicant shall 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 proposedfacility.
The Applicant respectfully requests a waiver of this requirement. The facility is currently
existing as this application is for renewal of the Special Permit.
&II(e)(u) SURVEY OF LOT/PARCEL: A boundary survey conforming to the
requirements of the Essex County Registry of Deeds Ofce. The survey shall be dated and
include any revision made to the survey or site plan. Any change in the survey shall be
recorded before site plan approval may be granted
The Applicant respectfully requests a waiver of this requirement. The facility is currently
existing as this application is for renewal of the Special permit.
Sincerely,
VY N
Gin Vilante
Agent for T-Mobile Northeast, LLC
Cc:Gerry Marquis
T
T-Mobile Northeast, LLC
15 Commerce Way, Suite B,
Norton, MA 02766
Phone: (508) 286-2726
Fax: (508) 286—2899
January 12, 2010
Planning Board
Town of North Andover
1600 Osgood St.
Bldg. 20, Suite 2-36
North Andover, MA 01845
Re:Special Permit Renewals—Telecommunication Facilities at:
l.) 1st Calvary Baptist Church,
586 Massachusetts Avenue, N. Andover, MA
2.) 4BS0345—Media One Tower,
691 Johnson Street, N. Andover, MA
3.) 4BS0658—Sprint-Stevens Estate Tower
723 Osgood Street, N. Andover, MA
Applicant: T-Mobile Northeast, LLC(fka Omnipoint Communications Inc.)
Honorable Members of the North Andover Planning Board.
Be advised, T-Mobile Northeast, LLC has authorized the firm of Wellman Associates, Inc. to act as our
agent in the signing and submission of ail required zoning permit applications and documents relevant to
the renewal/granting of permits for the above referenced communication facilities. This authorization
includes the representation, in association with T-Mobile's legal advisers, Prince Lobel, Glovsky and Tye,
LLP, before the North Andover Planning Board and all other agencies having relevant jurisdiction in said
granting.
Thank you for your anticipated cooperation.
Respectfully,
Gerald P. Marquis
Real Estate and Zoning Manager
New England Regional
Cc: Peter Cook
Craig Tateronis
TOWER SITE AGREEMENT
AGREEMENT made as of by and between
MediaOne of Massachusetts,("MediaOne")a Massachusetts Corporation,
having an office at 6 Campanelli Drive, Andover,MA 01810-1095 and
Omdipoint Holdings,Inc ("Tenant")a Delaware Corporation having an office at
50 Vision Boulevard,East Providence,RI 02914
MediaOne hereby grants to Tenant the non-exclusive use of the premises,
including a transmission and receiving tower(the "Tower")located off Johnson
Street,N. Andover,a/k/a The Claypitt(the "Site")as more particularity
described in Exhibit A—1, solely for the purpose of Tenant's installation,
operation and maintenance of the equipment(the "Equipment")specified and
described in Exhibit A and in Exhibit B,attached hereto and incorporated by
reference to this Agreement.
MediaOne shall provide space on the Tower for the installation of the
antenna(e)at the height stipulated in Exhibit A and shall provide suitable space
elsewhere on the Site for Equipment. In no event shall Tenant install any
equipment on the Tower which exceeds the height of said Tower.
1. TERM
The term of this Agreement shall be for a period of Three (3)consecutive
years commencing on the date Tenant begins commercial operation of the
Equipment,(the "Commencement Date") and terminating on the third
anniversary unless terminated as provided in Section 11 of this Agreement(the
"Initial Term"). Following the expiration of the Initial Term and provided that
the Tenant has fulfilled all of its obligations there,Tenant may extend this
Agreement for three(3) successive three(3)year periods(the Renewal Terms)
on the same terms and conditions asset forth herein. Following the Initial Term,
this agreement will be automatically extended for each successive renewal term
unless MediaOne or Tenant notifies the other party in writing of its intention not
to renew at least ninety(90)days prior to the commencement of the succeeding
Renewal Term.
2. RENT
Tenant shall pay MediaOne rent in the amount of'per month
during the first twelve(12)months of the Initial Term, with the first payment
due and payable on the Commencement Date hereof and subsequent payments
due and payable on the first day of each month thereafter.
Commencing one (1) year from the commencement date and annually
thereafter,the total annual rent shall consist of the sum of the annual rent and the
consumer price escalation reflecting an increase in the cost of living over and
above the cost of living as reflected by the Boston Consumer Price Index for the
prior 12 months Tenant shall pay as additional rent, any increase in real estate
taxes over the first year herein and/or any personal property taxes levied against
the leased property,including the Tower,which taxes are directly attributable to
the improvements made by Tenant
3. INSTALLATION, MAINTENANCE AND OPERATION OF
EQUIPMENT
Tenant shall have the right at any time following the full execution of this
Agreement, in accordance with the provisions herein,to enter upon the Premises
for the purpose of making necessary engineering surveys,inspections,soil test
borings,or other reasonably necessary tests and construction. Tenant may i
terminate the Agreement if any such test results render the site unsuitable in
Tenants sole discretion,for its intended use hereunder. Furthermore,the Tenant
may terminate this Agreement if the Town of N. Andover does not approve
Omnipoint's special permit Upon Tenant's request, MediaOne agrees to
provide promptly to tenant copies of all plans,specifications,surveys and tower
maps for the Premises,provided however that nothing herein shall be construed
as requiring MediaOne to provide any information constituting customer lists,
trade secrets or proprietary information. The Tower map shall include the
elevation of all antennas on the Tower and the frequencies upon which operates.
Both parties agree that snow removal and grounds care shall arranged by
and maintained by Omnipoint
Prior to the installation of the Equipment,Tenant shall at its expense,
obtain a loading specifications survey from a registered engineer. Said loading
specification survey shall take into account any other transmitting or receiving
equipment on the Tower. MediaOne shall have the right to review and approve
the results of the survey and require additional surveys, if reasonably necessary,
2
in order to ensure compliance with the requirements and policies as set forth by
Federal Communications Commission("FCC")and Federal Aviation
Administration("FAA")regulations and by MediaOne. MediaOne shall give
such approval or provide Tenant with its request for changes within twenty (20)
working days of MediaOne's receipt of the results of any survey, such approval
not to be unreasonable withheld or delayed. This provision shall not be
construed to abrogate or diminish the liability of Tenant or its obligation to
indemnify MediaOne as set forth in paragraph 9 of this Agreement.
Tenant will install,operate and maintain transmitting and receiving
Equipment at places designated by MediaOne on the Tower and the Site
described herein. MediaOne reserves the right at any time to relocate Tenant's
Equipment to an alternative location or at a location in combination with
existing equipment of authorized tenants if MediaOne requires the use of the
Tenant's current location for its business purposes. MediaOne shall endeavor to
find a location which will not have any meaningful impact on the Tenant's
service. In any such event,MediaOne will give Tenant thirty(30)days notice to
relocate the Equipment If relocation site is unacceptable to Omnipoint,
Omnipoint has the right to terminate upon 30 days written notice.
Tenant will install and maintain a facility on the premises to house its
equipment. Tenant shall comply with all federal,state and local laws with
respect to the erection,installation and maintenance of the building. Tenant is
responsible for obtaining any and all state and local permits with regard to this
facility.
Tenant will install, operate and maintain its Equipment in accordance with
FCC regulations and all other applicable federal, state and local laws or
regulations so as to prevent interference with any other radio or television
transmitting or receiving equipment Tenant shall be solely responsible for any
costs relating to the installation of the equipment,including any costs related to
reinforcing the Tower, or any portion thereof. MediaOne must approve in
writing all of Tenant's installations,and Tenant must notify MediaOne in
advance,and MediaOne must approve of, any technical or installation changes it
intends to make on its Equipment. MediaOne may,at its discretion,and at
Tenant's expense,supervise the installation of, or changes in,the Equipment by
the Tenant. MediaOne shall give such approval or provide Tenant with its
requests for changes within twenty (20)working days of MediaOne's receipt of
3
Tenant's installation or technical plans, such approval not to be unreasonably
withheld or delayed.
Tenant agrees to take,at its own expense,all measures and precautions
necessary to render its Equipment inaccessible to unauthorized persons. All
Equipment or other property attached to the Tower or otherwise brought onto
the Site shall at all times remain the personal property of Tenant and are not
fixtures. Title to all equipment shall be held by Tenant. Tenant has the right to
remove all Equipment at its sole expense on or before the expiration or earlier
termination of this Agreement,provided Tenant gives notice to MediaOne and
repairs any damage to the Site caused by such removal, reasonable wear and tear
excepted.
MediaOne shall provide Tenant,its employees,agents and subcontractors
access to the premises during normal business hours(defined as Monday
through Friday,9 a.m. to 5 p.m.)and, in the case of emergency,at any time
during every day of each year. MediaOne may in its discretion assess a
reasonable fee based on the prevailing hourly rate at said time for labor costs
associated with emergency access against Tenant
Tenant shall be responsible for all snow removal and landscaping of the site.
4. ELECTRICITY
MediaOne will not be held liable to Tenant for electrical deficiencies
resulting from acts of God, for acts,omissions or requirements of the public
utility furnishing such electricity,or from any other cause beyond the control of
MediaOne,absent its fault or negligence. Tenant shall pay for the electricity it
consumes in its operations at the rate charged by the servicing utility company.
Tenant shall contract separately for its utilities. Tenant shall have the right to
draw electricity and other utilities from the existing utilities on the Site or obtain
separate utility service from any utility company that will provide service to the
Site(including a standby power generator for Tenant's exclusive use). Any
easement necessary for such power or other utilities will be at a location
reasonably acceptable to MediaOne and the servicing utility. MediaOne shall
not be liable,absent its fault or neglect,for any loss or damage due to personal
injury,death,property damage or for any other claim arising from any acts or
4
omissions resulting from the Tenant obtaining electricity or other utilities from a
source other than existing utilities on the Site.
5. INTERFERENCE
iTenant shall not cause electrical interference,or interference of any kind
to any other tenant who is using the Site at the time of Tenant's installation of its
Equipment. Should such interference occur, Tenant shall take all reasonable
steps necessary to eliminate the interference. Upon verbal notification, if such
interference cannot be eliminated within a period of twelve(12) hours,Tenant
shall cease using the Equipment which is creating interference except for short
tests necessary for the elimination of the interference. If the interference is so
severe as to cause harm to MediaOne's obligation to provide cable service to its
customers,MediaOne shall terminate the interfering signals with notice and
without incurring liability to Tenant;provided,however,MediaOne shall make a
good faith determination that the interference is caused by Tenant's Equipment.
In the event such interference is not remedied following MediaOne's demand
upon Tenant to cease using such Equipment,Tenant shall be in default of this
Agreement,in which case, MediaOne shall immediately terminate this
Agreement and Omnipoint shall immediately proceed to remove the Equipment
without prejudice to any remedies which might be otherwise used for such
default
MediaOne agrees that, should any interference be encountered in Tenants
operation as a result of MediaOne's or another party's subsequent installation,
MediaOne shall use all reasonable methods to cause said interference to be
eliminated in a timely manner,without obligation to Tenant If such
interference cannot be eliminated within a reasonable length of time,not to
exceed twelve(12)hours,MediaOne shall forthwith require the party causing
the interference to cease using the equipment;provided,however,that the
failure of such party to cease causing such interference after demand by
MediaOne shall not give rise to any liability to Tenant on the part of MediaOne
and Tenant may,at its option,terminate this Agreement,upon ten(10)days
notice.
6. REPORTING,MARKING AND LIGHTING REQUIREMENTS
Tenant shall observe and comply with reporting,to the extent required,
marking,and lighting requirements as prescribed by the FCC and FAA rules and
5
regulations. Tenant shall indemnify and hold harmless MediaOne,absent it
fault or neglect,against any and all fines, fees and penalties assessed by the
governmental authorities against MediaOne as a result of Tenant's acts or failure
to act in accordance with the applicable provisions of the laws and statutory
mandates of the governing authorities cited herein.
7. CERTIFICATES OF APPROVAL
It is understood and agreed that Tenant's ability to use the Tower and the
Site is contingent upon its obtaining either before and as required, after the
effective date of this lease Agreement all of the licenses, certificates,permits
and other approvals that are required by any federal, state and local authorities.
MediaOne shall cooperate with Tenant in its effort to obtain such approvals. In
the event that any of such applications should be denied,Tenant shall have the
right to terminate this Agreement. Notice of Tenant's exercise of its right to
terminate shall be given to MediaOne in writing be certified mail,return receipt
requested,and shall be effective thirty(30)days from the receipt of such notice
by MediaOne as evidenced by the return receipt. All rent paid to said
termination shall be returned to Tenant and this agreement shall be tendered null
and void
8. INDEMNIFICATION
Tenant and MediaOne shall indemnify and hold harmless each other and
its agents and employees from and against any and all claims,damages, losses
and expenses,including attorney's fees, arising out of,resulting from or related
to terms and conditions of this Agreement of any act or failure to act by each
other, its agents or employees or anyone directly or indirectly employed by any
of them or anyone for whose acts any of them may be liable,regardless of
whether it is caused in part by a party indemnified thereunder.
Tenant and MediaOne shall not be held liable for any loss or damage due
to personal injury,death,property damage, libel,slander or imperfect or
unsatisfactory communications experienced by the other for any reason
whatsoever except for loss or damage to Tenant resulting from the negligent acts
or omissions of the other, its agents or employees.
9. INSURANCE
6
Tenant shall at all times during the Initial Term, the Renewal Tenn and
any period of holding over as defused in paragraph 13 herein,procure and
maintain at its expense insurance coverage with companies that are authorized to
do business in Massachusetts and are acceptable to MediaOne,to protect
MediaOne against liability for damage, loss or expense arising in any way out of
or in connection with Tenant's use or occupancy of the Tower or the Site, or
resulting from the acts or omissions of Tenant or anyone for whose acts any of
them may be liable. Such insurance coverage shall also contain contractual
extension coverage extending to the Tenant's indemnification warranty and other
obligations under this Agreement,and shall not be canceled by Tenant without
the consent of MediaOne. Furthermore,MediaOne requires 30 days written
notice in the event said insurance company cancels Tenant's insurance.
Tenant shall furnish MediaOne with a certificate or certificates satisfactory to
MediaOne from an insurance company(ies)demonstrating that the Tenant
carries the required insurance and showing that all coverage shall be renewed to
extend through the fidl term(s)of this Agreement. This Agreement may be
terminated at any time by MediaOne unless the Tenant shall furnish MediaOne
with a certificates in a form acceptable to MediaOne demonstrating that all
required coverage have been provided.
Tenant shall procure and maintain the following insurance coverage
which shall be primary to all other insurance coverage:
(a) Primary comprehensive liability insurance with limits of not less
than One Million Dollars($1,000,000)per occurrence bodily injury and One
Million Dollars($1,000,000)per occurrences property damage. The
comprehensive general liability insurance required herein will include
contractual extension liability insurance applicable to Tenant's obligations under
the indemnification provision as set forth in paragraph 9.
(b) Excess liability coverage with umbrella form in the amount of Five
Million Dollars($5,0110,000). Such primary and excess liability policies shall
name MediaOne as additional insured and shall be non-cancelable by Tenant
without the consent of MediaOne. MediaOne requires 30 day written
notification in the event the insurance company cancels Tenant's insurance.
(c)Errors and Omissions liability insurance in the amount of Five
Hundred Thousand Dollars($500,000).
7
Tenant shall bind any contractors and subcontractors to all terms and
conditions of this Agreement,including the terms enumerated in the Exhibits
attached hereto. Prior to the commencement of services,Tenant shall require
that the contractors,subcontractors or agents thereof submit satisfactory
evidence of the required insurance as provided herein, including professional
liability coverage, if necessary and designated holder certificates from a certified
insurer.
10. WAIVER OF MEDIAONE'S LIEN
MediaOne waives any lien rights it may have concerning the Equipment
which are deemed Tenant's personal property and not fixtures,and Tenant has
the right to remove the same at any time without MediaOne's consent.
MediaOne acknowledges that Tenant contemplates entering into a
financing arrangement,including promissory notes and a financial and security
agreement("Financing Agreement')for the financing of the Equipment(the
"Collateral")with a third party or parties(the "Financing Entity"). In connection
therewith,MediaOne()consents to the installation of the Collateral;(ii)
disclaims any interest in the Collateral as fixtures or otherwise; (iii)waives any
lien rights it may have concerning the Collateral; and(iv)agrees that the
Collateral shall be exempt from execution,foreclosure,sale, levy,attachment or
distress for any rent due or to become due and that such Collateral is deemed
Tenant's personal property and may be removed at any time without recourse to
legal proceedings. Tenant agrees to notify MediaOne in writing that tenant has
entered into the Financing Agreement and the identity of the Financing Entity.
11. TERMINATION
This Agreement may be terminated without further liability on thirty days
prior written notice as follows:(a)by MediaOne upon a default of Tenant as set
forth in paragraph 12 below (b)by Tenant if Tenant is determines in its sole
discretion that the site is unsuitable due to an action of the FCC, including
without limitation,a take back of channels or change in frequencies;(c)changes
in local or state laws or regulations which adversely affect tenant's ability to
operate,(d)technical reasons, including but not limited to signal interference,
(e)subsequent change in system;or(f)economic reasons.
B
Tenant agrees to release MediaOne of its obligations under this
Agreement in the event that the premises are taken back by any public authority
under the power of eminent domain,or MediaOne moves,removes or otherwise
ceases operations at the Site. MediaOne shall provide fourty five (45)days
written notice of such event and Tenant shall have the opportunity to remove its
Equipment.Upon such notice,this agreement shall terminate and all obligations
of Tenant shall cease and be of no further force or effect and MediaOne shall
return any monies paid in advance by Tenant.
12. DEFAULT
If at any time subsequent to the Execution Date of this Agreement any
one or more of the following events(herein referred to as a"Default of Tenant")
shall happen:
(i) Tenant shall fail to pay Rent or Additional Rent or other charges
herein when due and such failure shall continue for ten(10)full business days
after notice to Tenant from MediaOne;or
(ii) Tenant shall neglect or fail to perform or observe any other
covenant herein contained on Tenant's part to be performed or observed and
Tenant shall fail to remedy the same within sixty(60)days after notice to Tenant
specifying such neglect or failure,or if such failure is of such a nature that
Tenant cannot reasonably remedy the same within such sixty(60)day period,
Tenant shall fail to commence promptly to remedy the same and to prosecute
such remedy to completion with diligence and continuity;or
(iii) Tenant suffers financial difficulties such as the issuing, filing or
recording of unsatisfied liens or judgmenm bankruptcy,receivership or other
debtor-relief,creditors'rights or reorganization proceedings(voluntary or
involuntary,under State or Federal law), which substantially adversely affect
Tenant's ability to duly meet its financial and other obligations under this lease
and are not discharged,satisfied or dismissed within sixty(60)days; or
(iv) If a default of Tenant of the kind set forth in clauses(i)or(ii)above
shall occur and if(whether such Default has been cured, or the Default waived
by MediaOne)an event which would constitute a similar Default if not cured
9
within the applicable grace period shall occur more than twice within the next
365 days,and not cured within the applicable grace period, or
Then in any case MediaOne may invoke any remedy(including the
remedy of specific performance)allowed at law or in equity as if particular
remedies were not provided for and, in addition thereto:(1) if such Default of
Tenant shall occur prior to the commencement Date, this Agreement shall ipso
facto,and without further act on the part of MediaOne,terminate,and(2)if such
default of Tenant shall occur on or at any time after the Commencement Date,
MediaOne may terminate this Agreement by notice to specified therein as fully
and completely as if such date were the date herein originally fixed for the
expiration of the Term of this agreement and Tenant will then remove
equipment and surrender the Premises to MediaOne,but Tenant shall remain
liable as hereinafter provided.
(a) In the event of any termination pursuant to this section 12 Default,
Tenant shall pay the Rent,Additional Rent,and other sums payable herein up to
the time of such termination,and thereafter Tenant, until the end of what would
have been the Term of this Lease in the absence of such termination,and shall
be liable to MediaOne for,and shall pay to MediaOne,as liquidated current
damages,the Rent, Additional Rent and other sums which would be payable
herein if such termination had not occurred. Tenant shall pay such current
damages to MediaOne monthly on the days which the Rent would have been
payable herein if this lease had not been terminated. Subject to and as reduced
by payments collected per section(b) below.
(b) In case of any Default of Tenant, MediaOne shall use its best
effort to(i)relet the Premises or any parts thereof,either in name of MediaOne
or otherwise, for any term(s),and may grant concessions or free rent to the
extent that MediaOne considers reasonable in reletting the same and(ii) may
make such reasonable alterations and repairs in the Premises as MediaOne in its
sole judgment considers advisable or necessary for the purpose of reletting the
Premises. The making of such alterations and repairs shall not operate or be
construed to release Tenant from liability herein as aforesaid. MediaOne shall
in no event be liable in any way whatsoever for failure to relet the Premises,or,
in the event that the Premises are relet,for failure to collect the rent under such
reletting.
10
(c) All costs and expenses incurred by or on behalf of MediaOne
(including,without limitation,attorneys,fees and expenses)in enforcing its
rights herein or occasioned by any default of tenant shall be paid by Tenant.
13. HOLDING OVER
If after the expiration of the Renewal Term hereof,Tenant shall continue
to use the Tower or Site and pay rent without any written Agreement as to such
use,then such use shall be deemed to be holding upon a tenancy from month to
month,subject to all the terms and conditions hereof on the part of Tenant to be
observed and performed,at the monthly rental in effect at the time of such
holding over plus any applicable annual increase set forth in this Agreement.
14. ENTIRE AGREEMENT
This Agreement constitutes the entire Agreement of the parties hereto and
shall supersede all prior offers,negotiations and Agreements.
15. BINDING EFFECT
The terms and provisions of this Agreement and the conditions herein
hind the legal representatives,successors and assigns of the parties hereto.
16. NOTICES
Any notice or demand required or permitted to be given or made
thereunder shall be sufficient if given or made by certified or registered mail,
return receipt requested,or reliable overnight courier,to the respective parties at
their addresses as set below. Any such notice to demand shall be deemed to
have been given or made at the time it is deposited with the United States Postal
Service. Tenant and MediaOne may from time to time designate any other
address for this purpose by written notice to the other party.
Lessor: MediaOne
One Gateway Center
Newton, MA 02159
Atm: Tony Doar
with a copy to: MediaOne
Riverbend Business Park
6 Camapanelli Drive
Andover,MA 01810
Attn: Corporate Counsel
Lessee: Omnipoint Holdings,Inc.
50 Vision Boulevard
East Providence RI 02914
Attn: Property Management
IT ASSIGNMENT
MediaOne consents to the assignment of this Agreement by Tenant to the
Financing Entity described in paragraph 10 herein as security for the payment of
all indebtedness and performance of obligations under the Financing Agreement,
provided that such assignment shall not constitute assumption by the Financing
Entity of any obligations under this Agreement unless and until the Financing
Entity elects to assume Tenant's rights and obligations herein in the event Tenant
defaults under the Financing Agreement or any other agreement with the
Financing Entity related thereto. In such event, the Financing Entity may,but
shall have no obligation thereto,take in its name or in the name of the Tenant or
otherwise, such actions as the Financing Entity may,at any time or from time to
time,deem necessary to utilize the Site. Tenant hereby irrevocably authorizes
MediaOne to accept such performance by the Financing Entity. If the Financing
Entity has been given notice of and the opportunity to cure Tenant's failure to
pay rent and the Financing Entity has failed to pay the rent within thirty(30)
days of the date MediaOne gave such notice to the Financing Entity,
MediaOne's waiver of its rights of recourse against the Collateral shall not be
effective from and after such thirty(30)day period. Tenant shall provide
MediaOne the notice address for the Financing Entity when Tenant notifies
MediaOne of the existence of the Financing Agreement as provided in
paragraph 10.
12
Except as provided above,Tenant may not assign,or otherwise transfer all or
any part of its interest in this Agreement or in the site without the prior written
consent of MediaOne; provided however,that Tenant may assign its interest to
any party controlled by or under common control with Tenant or to any party
which acquires substantially all of the assets of Tenant, (subject to Financing
Entity's interest,if any, in this Agreement). MediaOne may assign this
Agreement upon written notice to Tenant, subject to assignee assuming all of
MediaOne's obligations herein.
18. WAIVER
Failure or delay on the part of MediaOne to exercise any right, power or
privilege herein shall not operate as a waiver thereof.
20. AMENDMENT
No revision of this Agreement shall he valid unless made in writing and signed
by MediaOne and Tenant.
21. GOVERNING LAW
The rights of the parties herein, and all amendments,modifications,alterations,
or supplements hereto, shall be construed under,and governed by, the laws of
the Commonwealth of Massachusetts.
IN WITNESS WHEREOF,the parties hereto have executed this Agreement this
day of
LESSEE:
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14
EXHIBIT A
Transmitter Type and Model No.
Ericsson CME40 PCS GSM TRV
i
Transmitter Frequency
1945.2 MHz thru 1950 OMHz and 1965.2MHz thru 1970.OMHz
Receiver Frequency
I
1865 ')MHz thru 1870 OMHz and 2885.2MHz thru 1890 MHz
Antenna Types and Model Nos.
Ericsson EMS RR65-19-00XP
Other equipment
Owner shall provide space on the Tower for the installation
of the Antenna at a height of 130' - (Rx)
and (Tx)above ground level.
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EXHIBIT A-1 PLEASE SEE ATTACHED DEED
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EXIIIBIT C
Tower Site Agreement
Plan Review by MediaOne
This Exhibit is attached to and made a part of the Tower Site Agreement("Agreement")
involving the Property by and between MediaOne and Tenant. The terms of this Exhibit modify
and amend the Agreement to the extent set forth herein. Capitalized terms in this Exhibit shall
have the same meaning as are given in the Agreement, unless otherwise defined in this Exhibit
The following is added to the Agreement at the end of Paragraph 3:
Prim to the commencement of its construction,Tenant shall submit to MediaOne plans
and specifications(the"Plans") for the Installation showing the size,height and
appearance of the component parts of the Installation. MediaOne shall have the right to
approve the Plans in writing,provided that such approval shall not be withheld or delayed
if the Plans are consistent in all material respects with Exhibit A-2 and do not materially
impar the other business operations of MediaOnc or any other tenantat the Property. -
MedieOne's approval must be given or denied within twenty(20)business days after
submission thereof by Tenam. Failure of MediaOne to approve or object to the Plans
within said twenty(20)business day period shall be deemed an approval. In the event
MediaOne objects to the Plans within said twenty(20)day period,MediaOne's
objections shall be clearly stated in writing and given in accordance with Paragraph 6.
Tenant shall have the right either to(a)resubmit the Plans in accordance with the same
approval process as stated above,or(b)terminate this Agreemem,whereupon the parties
shall have no further obligations or liabilities to each other. If MediaOne determines
after Tenant's second submission that the Plans are not acceptable, in its reasonable
discretion,then either party shall have the right to terminate this Agreement by written
notice,and this Agreement shall have m further force or effect
EXECUTED as of the Commencement Date, intending to be legally bard.
INITIALS
MEDIAONE:�
TENANT:
HWD2]a862W2
Memorandum/Notice of Lease
Site Name: MediaOne Site ID 4BS-0345-D
This memorandeadnotice of lease evidences that a lease dated was made and entered into
by and written between Med.Ow of Massarhmetes, a Massachusetts corporation COwneej, whose address is 6
Campanelli Drive,Andover,MA 01810-1095 and Omnipoint Holdings, Inc.,a Delaware corporation C-OHI"),whose
address is So Vision Boulevud. EM Providence, 91 02914 the terms and conditions of which are incorporated
herein by reference.
Such Agreement provides in pan that Owner leases to OHI a certain site located at of Johnson Street,City?own of
North Andover, County of Essex, Shte/Conormwealth of Massachusetts, within the property of Owns which is
described in Exhibd "A" attached hereto, with grant of eawnem for unresuicted rights of access thereto and to
electric and telephone facilities commencing on 2000, and ending on the third
armiversuy of the Rent Start Date,which term is mbjw w three(3) three(3)yearexwnsion periods by OHI.
Following the carxellmian,termination or expiration of the Agree t em,upon request,OHI will make,execute and
deliver to Owner an instntrent, in farm and substance reasonabH satisfactory to Owner, in recordable form,
mimsing this memorandumfnotice of lease.
IN WITNESS WHEREOF,the parties have executed the Merimndum/mucc of lease as of the dry and year fust
above winter.
OWNER: MediaOne OfM a Omn' Holdings,In
Massrhusaa corporarfon� 11 Oel�ration - :
ey, ` By.
Printed Name: /fItrl'10/t r` bt `' Printed Name:Anne Patrick
Tom: �fre -� Title: Technical Domtor—New Frglud
Date: S�i s/ Date. D
Address: 6 Campulelli Drive,Andover,MA Address: 50 Vision Blvd,E. vidence,RI
HWD2802965v1
STA COMMONWEAL OF: Mac
COUNTY OF: ftsj Lt ,.X
e foregoing instsuttxra was acknowledged before me this IS day of pp,,����� � 2000, by
.wKL az of 0...:I:..a a tion, on behalf of the
coryonmon as his/her free act an deed and the free an and deed of eorpomtwn ha/f(orc me.
(Official Notary Signature)
Notary Public,Soto of: s-N
My Cummissionespirts:-4d
(AFFIX NOTARIAL SEAL)
STATEOF: RHODEISLAND
COUNTYOF: PROVIDENCE
The foregoing instrument was acknowledged before me this day of SF 2000 by Anne
Patrick, es Technical Director — New England of Omnipoint Holdings, Ice., a corporation, on behalf of the
corpomion.as her free act and deed and the free act and ded ofOrm ip'oets Holdings,Inc..
(�Q�nl fl !k 90
(Official Notary Signature)
Peteteia OWliv Notary Public,State of
Nagwy—State of Rho&Idnd My Commission ccpires:
MY CoMMISSI EXPhao 4/10/2002
(AFFIX NOTARIAL SEAL)
HWD2 902965v1
ONMU
Federal Communications Commission
0 4Y� rage 1 oP 1
a a Wireless Telecommunications Bureau 10
a`
�"•� Radio Station Authorization
LICENSEE NAME: T-Koons License LLC
FCC Registration Number(FRN)
DAN NENSER 0001565449
T-MBILE LICENSE LLC
12920 SE 38TH ST. 0011 Sign Elle
BELLEWE VA 99008 Number
KNLH310 ODD2991477
Radler.Seryiae
CN - PCS Broadband
Grand DabENsotive Dab Expiration Date hid papa
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SPECIAL CONDITIONS OR WAIVERS/CONDITIONS
Conditions: _-
Pursuant to Section 309(h)of the Communicafans Act of 1934,us amended.47 U.S.C. Station 309(h),this license is subject to
the following conditions:This license shall not vest in Me licensee any right to operate Me station nor any right in Me use of Me
frequencies designated in Me Ocense beyond Me farm thereof nor in any other manner than authorized herein. Neither Me
license nor the right granted thereunder shall be assigned or otherwise transferred in violation of Me Communications Act of
1934.as amended. See 47 U.S.C.Seclion 310(d). This license Is subject In team b Me right of use or control confeaed by
Secfbn 7 0l tJF g�9Lnmunicalions Ael of 1934 as mrenglig. S"47 U.S.C.Sen,fian 606
To view tiro geographic areas assoeiafed with Mr,license,ger to Me Universal Licensing System(ULS)homepage at
hitp://wimIms.fao.gov/urs and sebat'Lloense Semchm. Follow Me Inshuations on how to searah for license irdatmalbn.
PCC 601 MB
FeMmary 2006
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Ncenaae Name: r-Noone Llcerrse LLc
Call Sign File Number Print Date
NNLF964 OMI2991471 06-06-2001
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34 Hemingway Drive
IWADVANCED
East Providence, 42-5339
Ph:508-3422339
ENGINEERING GROUP PC Fax:508-342-5303
January 15,2010
Town of North Andover
120 Main Street
North Andover,MA 01845
RE: Engineers Inspection Affidavit
T-Mobile Equipment installation
Off Johnson Street
North Andover, MA
T-Mobile Site Reference:4BS03450(Permit No.: 598)
To Whom it May Concem:
In accordance with Section 116 of the Massachusetts State Building Code, on January 14,2010 this office
performed an inspection of the T-Mobile equipment installation at the above-referenced location. The purpose of
the inspection was to establish compliance of the completed project with with the approved design plans by SFC
Engineering Partnership entitled"Omnipoint Media One North Andover, Site No.:413S-0345-13,Co-location on
Existing Tower,dated 10-'-00,Rev 2",and applicable provisions of the Massachusetts State Building Code.
The following substitution and deviation was noted:
The above-referenced plans indicate that a total of nine(9)antennas(three(3)antennas per sector)was to be
installed at 130'above ground level(AGL). The inspection revealed that a total of three(3)antennas(one(1)
antenna per sector)were installed at 130'AGL. Since the antenna quantity is less than the design quantity,and
does not effect the safety or function of the facility, I consider this deviation acceptable.
Based on the inspection performed, I, Marc Chretien,licensed professional engineer number 40313, hereby
certify that to the best of my knowledge, information and belief,the work has been done in accordance with the
approved plans(with deviations and substitutions noted above)and the provisions of the Massachusetts State
Building Code.
Very truly yours,
SN
MARC
R.
CHCINLEN
V
No.40313
Marc R. Chretien, P.E. r„e
Advanced Engineering Group. P.C.
4es0344o-CCA
Donald L. Haes, Jr., A.D., CHP
Radiation Safety Specialist
MA Radiation Control Program Health Physics Services Provider Registration#65-0017
P.O.Be.369,Hudson,NH 03051
Voice:603-303-9959 Pax:603-396-6315 Email:donald haes chp C&myfaitpGmt.net
December 29,2009
Re:T-Mobile personal wireless services antennas mounted on the existing guyed tower located
off of Johnson Street in North Andover, MA.
PURPOSE
I have reviewed information pertinent to the installation at the above location. In order to
determine regulatory compliance, actual field measurements of existing ambient radio-frequency
[RF] fields have been obtained. The measurements included ambient RF fields from all FCC-
licensees, and the contribution from T-Mobile only. The physical conditions are that T-Mobile
personal wireless services directional panel antennas for their Federal Communications Commission
[FCC]-licensed PCS technologies are mounted on the guyed tower located off of Johnson Street in
North Andover, MA (See Figure 1). The measured values of RF field levels are presented as a
percent of current Maximum Permissible Exposures [%MPE] as adopted by the FCC " (With<-
100% signifying an acceptable amount).
SUMMARY
The measured existing ambient RF field levels for all FCC-licensed activities indicate the
maximum to be less than one percent of the current State and Federal maximum permissible RF
exposure guidelines. The RF field contributions solely from T-Mobile indicate the maximum to be
less than one-tenth of one percent of the current State and Federal RF exposure guidelines. 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 my expert opinion that the T-Mobile personal wireless services
installation complies with FCC RF emission requirements of the 1996 Telecommunications 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 guyed tower located off of Johnson straight North Andover,MA.Utilization ofthese
Professional analyses,conclusions and opinions for any personal wireless services installation,existing orpeoposed,other
than the aforementioned have not been sanctioned by the author,and therefore should not be accepted as evidence of
regulatory compliance
fk Y Y 'jy f�ttti � MVF'.t', t �a
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Figure l: Guyed Lattice Tower off of Johnson Street in North Andover,MA.
(Picture courtesy Microsoft Virtual Earthy-and may not represent current conditions)
RF EXPOSURE LIMITS AND GUIDELINES
The RF exposure guidelines adopted by the FCC are a combination of the standards
published by the American National Standards Institute (ANSI) ' and the National Council on
Radiation Protection and Measurement (NCRP) '. Also applicable are those published by the
MDPH 1. The RF exposure guidelines 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 1 below are the applicable RF exposure
guidelines for uncontrolled areas as they pertain to the operating frequency band of the PWS
industry.
Table 1: Maximum Permissible Exposure Values for Uncontrolled/Public Areas
Frequency Band: Maximum Permissible Exposure:
300- 1500 MHz f/ 1.5 in gW/cm'
1500- 100,000 MHz 1000 pW/cm'
Note: 1 gW=0.000001 Watt
For equivalent plane-wave power density, where f is the frequency in MHz(IV Hz).
Page-2-
PERTINENT SECTIONS OF THE TOWN OF North Andover ZONING BYLAWS"
§8.9 Wireless Service Facilities
(8)Monitoring and Maintenance
a)After the facility is in operation,the applicant shall submit to the SPCA,within 90
days of beginning operations and at annual intervals from the date of issuance of the
Special Permit,preexistent and current RFRmeasurements.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 both the
applicant and 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 un acoustical engineer, stating that
noise measurements areaccumte and meetthe Noise Standards subsection 6.13.14.5
of this Bylaw
c) The applicant and co-applicant or their successor in interest shall maintain the
wireless service facility in good condition.Such maintenance shall include,but shall
not he limited to,painting,structural integrity of the mount and security barrier and
maintenance of the buffer and landscaping.
d)Failure to obtain the information required in this subsection 8.9(8)of the Bylaw
shall result in a fine of not more than$300 dollars for each offense. Each day that
such violation continues shall constitute a separate,offense.
• ZONING BYLAW,TOWN OF NORTH ANDOVER
Page-3-
MEASUREMENT PROTOCOL
RF field measurements were obtained on December 26, 2009, using accepted scientific
procedures.'` The temperature was 37°F with overcast 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 in"/uMPE
(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" mode, 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 readout 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(8xa)of the Zoning Bylaw,Town of North Andover.
See results,Table 2.
(2)A "Spectrum Analysis" mode, where the total RF field can be examined with a visual
representation of the spectrum and the value of each peak identified by frequency. In this
manner, information regarding the contributions from T-Mobile only can be obtained by
examining the RF field values within the FCC-licensed frequencies (both PCS bands)
operated at the site by T-Mobile. When this value is subtracted from the total RF field values
obtained in the "Safety Analysis" mode, the resultant value then represents the RF field
values absent of T-Mobile; and represent the"preexistent RFR measurements"as outlined
in§ 8.9(8)(a)of the Zoning Bylaw,Town of North Andover.
See results,Table 3.
The RF field measurements were obtained during normal use of the existing transmitters at
the various locations(See Figure 3)in the general vicinity ofthe installation. The results within each
band are listed in Tables 2 and 3 for the "current RFR measurements" and "preexistent RFR
measurements",respectively.
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RESULTS
Table 2: Results of RF Field Measurements
Representing the"Current RFR Measurements'
Tower off of Johnson Street and Surrounding Area, North Andover,M
Location Number Percent Public Maximum Permissible
(Sec Figure 3) Exposure(%MPE)°
1 0322%
2 0.353%
3 0.121%
4 0314%
5 0.274%
6 0310%
7 0.286%
g 0.250%
9 0.245%.
0347%
10
• Total, 75 MHz-3 GHz:% MPE Members of the Public
P.,-a-
Table 3: Results of RF Field Measurements
Representing the"Preexisting RFR Measurements"
Tower off of Johnson Street and Surrounding Area, North Andover, MA
Column 2 minus
Total Percent Public Total Contributions Column 3;
Location Number Maximum Representing
(See Figure 3) Permissible Exposure from T-Mobile Only; "Preexisting RFR
(%MPE)• (%MPE) Measurements"
MPE
1 0.322% 0.058% 0.263%
2 0.353% 0.061% 0.292%
3 0.121% 0.0460A 0.075%
4 0.314% 0.016°/6 0.298%
5 0.274%a 0.021% 0.253%
6 0.310% 0.010°/a 0.299%
7 0.286a/a 0.011% 0.276%
8 0.250%° 0.012% 0.239%
9 0.245% 0.011% 0.234%
10 0.347% 0.017% 0.330%
* Total, 75 MHz- 3 GHz: %MPE Representing the"Current RFR Measurements"; Table 2
Pa,-7-
CONCLUSION
The measured existing ambient RF field levels for all FCC-licensed activities indicate the
maximum to be less than one percent of the current State and Federal maximum permissible RF
exposure guidelines. The RF field contributions solely from T-Mobile indicate the maximum to be
less than one-tenth of one percent of the current State and Federal RF exposure guidelines. 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 my expert opinion that the T-Mobile personal wireless services
installation complies with FCC RF emission requirements ofthe 1996 Telecommunications Act,and
regulatory guidelines for RF exposure.
Feel free to contact me if you have any questions.
Sincerely,
'GL
Donald L. Haes,Jr., AD
Certified Health Physicist
Note:The professional analyses,conclusions and opinions are based upon the precise parameters and conditions of this
particular site; existing guyed tower located off of Johnson Street in North Andover, MA. Utilization of these
professional analyses,conclusions and opinions for any personal wireless serv,ices installation,existing or proposed,other
than the aforementioned have not been sanctioned by the author,and therefore should not be accepted as evidence of
regulatory compliance.
Page-8-
Donald L. Haes, Jr., A.D., CHP
Radiation Safety Specialist
MA Radiation Control Program Health Physics Services Provider Registration 065-0017
P.O.Box 368,Hodson,MA 03051
Voice:603-303-9959 Fax:603-386-6315 Email:donald-haes—chp@myfairpoint.net
STATEMENT OF CERTIFICATION
1. 1 certify to the best of my knowledge and belief,the statements of fact contained in this report
are rmc and correct.
2. The reported analyses, opinions, and conclusions are limited only by the reported
assumptions and limiting conditions, and are personal, unbiased professional analyses,
opinions and conclusions.
3. 1 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 predetermined energy level or
direction in energy level that favors the cause of the client, the amount of energy level
estimate,the attainment of a stipulated result,or the occurrence of a subsequent event.
5. This assignment was not based on a requested minimum 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 assignment having the knowledge and
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 Board of Health Physics tABHP] statement of standards
ofprofessional responsibility for Certified Health Physicist.
December 29,2009
Donald L.Ham,Jr., Vh.D Date
Certified Health Physicist
Page-9-
ENDNOTES
1 . Federal Register, Federal Communications Commission Rules; Radiofrequency radiation;
environmental effects evaluation guidelines Volume 1,No. 153,4100641199, August 7, 1996.
[47 CFR Part I; Federal Communications Commission].
2. Telecommunications Act of 1996,47 USC; Second Session of the 1042 Congress of the
United States of America, January 3, 1996.
3.ANSI/IEEE C95.1-1999: American National Standard,Safety levels with respect to human
exposure to radiofrequency electromagnetic fields,from 3 KHz to 300 GHz(Updated in 2005).
4 .National Council on Radiation Protection and Measurements(NCRP); Biological Effects and
Exposure Criteria for Radiofrequency Electromagnetic Fields,NCRP Report 86, 1986.
5. ANSI/IEEE C95.3-2002: American National Standard,Recommended Practice for the
Measurement oirPotential Electromagnetic Fields-RF and Microwave.
6. NCRP Report No. 119:National Council on Radiation Protection and Measurements, 1993;
A Practical Guide to the Determination of Human Exposure to Radiofrequency Fields.
7 . FCC Licensee Lower Band(MHz) Upper Band(MHz)
FM Radio 88 108
Paging 152 159
TV Ch. 7-13 174 216
TV Ch. 14-69 470 806
SMR Transmit 806 821
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 901 902
Land Mobile&Armature(Ham) 902 930
PCS Narrowband 930 931
Paging 931 932
PCS Narrowband 940 941
Public Land Mobile 941 960
PCS Broadband 1,850 2,500
Page-to-
The Commonwealth of Massachusetts
Executive Office of Health and Human Services
Department of Public Health
Radiation Control Program
174 Portland Street, Vh Floor, Boston, MA 02114
]ME SWIFT (617)727-6214 (617)727-2098 -Fax
GOVOU oR
ROBERT P.QrTFN5
4I.R m
HOWARD K.KOH, MD,MPH
WMMISSIONa
NEW POLICY REGARDING RADIOFREOUENCY FACILITY
INSTALLATION APPROVAL
Due to personnel and budget reductions imposed upon the Radiation Control Program,
we are no longer requiring notification and approval from companies that install
radiofrequency antennas or facilities as outlined under 105 CMR 122.021. Companies
installing radiofrequency antennas should ensure that they are meeting the FCC
requirements for the installation.
A guide for local government officials (June 2, 2000) concerning the FCC requirements
which complements the FCC's OET Bulletin 65, `Evaluating Compliance with FCC
Guidelines for Human Exposure to Radiofrequency Electromagnetic Fields',August
1997 is available along with Bulletin 65. To obtain this information, please contact the
FCC's Office of Engineering and Technology(phone: 202-418-2464 or e-mail:
rfsafcty(dfcc eqv_). Bulletin 65 can also be accessed and-downloaded from the FCC's
"RF Safety'website: Mtn://www.fcc gav/cedrtsafety.
Since the FCC requirements are now identical to the requirements under 105 CMR
122.021, reporting to the Massachusetts Department of Public Health is no longer
necessary. The citation in the regulations will be changed during the next revision of
the Radiation Control Program's regulations.
If there are any questions concerning health effects regarding radiofrequency antennas,
individuals may contact the Bureau of Environmental Health Assessment of the
Massachusetts Department of Public Health at 617624-5757.
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January 13,2010
The Town of North Andover,Massachusetts
RE: Environmental Sound Assessment—T-Mobile Wireless Communication Equipment
Off Johnson Street
T-Mobile operates wireless communication equipment at the existing guyed tower located off
Johnson Street in North Andover. 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 at the facility. T-Mobile has provided the site details
and access necessary to identify their equipment and evaluate its sound emissions. The
communication equipment includes antennae located on the guyed tower, an equipment cabinet at
ground level,and a cable tray to connect the equipment. No other sources of sound were noted at this
site. While other equipment was shown on the development plans,all but the T-Mobile equipment
has been removed from the compound. Orientation views of the site area and equipment are provided
in Figure land Figure 2. The purpose of this letter is to describe the equipment and the results of the
survey. Additional site images are provided in Figures 3 and 4.
A site visit was conducted on Tuesday January 12, 2010 to evaluate the equipment sound. The site
evaluation was requested to determine 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(exiv) provides that,
"Ground-mounted equipment for wireless service facilities shall not generate acoustic noise in excess
of 50 dB at the security barrier." The sound level measurement convention is used 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.
T-Mobile equipment was the only source of significant sound at the site. This evaluation is based on
these sound emissions. There is no sound associated with the antennas or cabling. Compliance sound
level measurements were made at the security fence at worst case locations. These locations included
the nearest and most direct locations receiving equipment sounds. Detailed measurements included
various statistical metrics and 1/3 octave hand frequency analysis. However,the results are limited to
combined A-weighted L90 levels consistent with the By law requirements.
The T-Mobile equipment was the dominant source of sound at the security fence line. Distant
highway traffic constituted the only other major source of ambient sound. All measured locations at
the fence line were less than 45 dB, so the site equipment demonstrates compliance with North
Andover criteria. The measured sound levels of are shown in the Table 1.
Table 1: Measured Ground Level Sound Levels at the Compound From Hue
Measurement 12:40 AM,1/12/10 Dominant
Location dB Sources Observed
North Gate at Fence Line 44 Dominant T-Mobile Cabinet,distant highway sound
East Fence Lire 43 T-Mobile equipment is dominant(neatest to equipment)
West Fence Line 39 T-Mobile equipment,distant highway sound(most
direct sound,more distant)
Conclusion: T-Mobile equipment names By law Standards at all fence line locations
All measured locations demonstrate compliance with North Andover criteria. The south end of the
security perimeter had even less sound energy from facility equipment because it is more distant and
because the T-Mobile cabinets emit more sound from the front vents. All measurements were made
using a Rion NA-28 sound level meter that meets the requirements of ANSI SIA Type I —Precision
specification for sound level meters and ANSI SI-11 for specumn analyzers. The meter was
mounted on a tripod approximately 5 feet above the ground The microphone was fitted with the
factory recommended 3-inch from windscreen. The meter was programmed to take measurements
and store the processed statistical data. Several statistical metrics were collected,but the A-weighted
L90 is presented to represent the background sound level that includes the continuous sound from the
T-Mobile equipment.
I certify that the analysis of sound levels is accurate and consistent with methods that are common to
the acoustic analysis of such sources and as described in this statement. I am qualified to make this
statement baud on training and experience in conducting analyses of environmental sounds. I am a
Certified Consulting Meteorologist with more than 20 years experience conducting environmental
analyses in the 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,
Pennsylvania. I have published many refereed papers on 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 Rhode Island, New Hampshire,
Maine, New York, Michigan, Illinois, California and Massachusetts, including before the Planning
Board and ZBA of North Andover.
Thank you for your attention.
Respectfully,
Modeling Specialties _ ,,/'
/�/6,9J.4 �SAAa
Douglas L. Sheadel,CCM
Principal
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AFFIDAVIT
Of
RADIO FREOUENCY EXPERT
The undersigned, hereby states the following in support of the renewal application of
Omnipoint Communications,Inc.a wholly owned subsidiary of T-Mobile USA,Inc.
(hereinafter referred to as-17-Mobile")for existing wireless communications facility
consisting of a three(3)panel antennas,and appurtenant radio equipment at the property
located at 691 Johnson Street,North Andover, MA 01845 (the"Wireless Communications
Facility"):
1. I am a Radio Frequency Engineer employed by T-Mobile USA, Inc. responsible for
radio network design in Massachusetts.
2. The list of my qualifications attached to this affidavit is true, accurate,and complete
in all material respects.
3. As enabled under its Federal Communications Commission(FCC)license T-Mobile
seeks to design its wireless network in order to provide reliable wireless services to its
customers,whether those customers are on the street,in a vehicle,m in a building.
Providing reliable service to its customers in each context is critical for T-Mobile to
provide the quality of wireless service that customers demand,and to meet the
objectives of Congress that a robust,competitive and low cost wireless
communication capacity be developed to serve the entire nation.
4. I have thoroughly reviewed the radio frequency engineering studies,reports, and
computer model prepared by T-Mobile with respect to the subject wireless
communications facility. I used a propagation modeling software by Aircom named
Asset. This software calculates frequency strength over distance taking into account
geographical, and topographical land features and other contributors to signal loss.
Finally,this calculation has also been adjusted by empirical data obtained from field
measurement.
5. In order to meet its obligations under the radio license T-Mobile must have in place a
network of base station antennae facilities to serve portable wireless communication
devices and mobile telephones.These facilities consist of antennas mounted on a
pole,building,or other structures that are connected by cables to a small equipment
cabinet located near the antenna. These antennas transmit voice and data to
subscribers within a defined area of coverage. Likewise,the antenna receives the
radio signal from mobile transmitters(such as telephones)which then goes to
equipment located in the cabinet and to ordinary phone lines from which the
transmission may be routed anywhere in the world.
t/3
6. Wireless antenna facilities are integral to T-Mobile's network. Each facility,
servicing only a limited area,must be carefully located so that it can properly interact
with surrounding facilities.To maintain reliable aii"ninterrupted service to a
wireless telephone user living and/or traveling in a given area serviced by multiple
antenna facilities,there must be a continuous interconnected series of facilities,which
in-part overlap in a grid or"cellular'pattern.
7. In compliance with its FCC license,T-Mobile is actively building its PCS network to
provide service in Massachusetts. In order to meet its goal of providing reliable,
seamless and uninterrupted service T-Mobile must continue to acquire interest in
property for additional facilities,and is applying for and obtaining local governmental
approvals to construct the facilities in order to eliminate gaps in reliable service
coverage. Any delay at this point in time severely curtails T-Mobile's ability to
achieve a market position that will allow it to compete for customers,which is in the
public interest.
8. Using precise computer prediction model and following a thorough review of the RF
engineering studies and reports prepared by T-Mobile it is determined that existing
facility in proximity to Holly Ridge Rd, and Johnson St in the Town of North
Andover is critical to the overall engineering and technical plan for T-Mobile's
network.
9. Without existing wireless transmission facility located at or near this location,a
significant area of inadequate,unreliable coverage will be added in T-Mobile's
wireless network in the vicinity of the existing installation. This lack of service area
or"gap"in coverage would adversely impact the service T-Mobile is able to provide
to businesses and residents of Johnson St,as well as travelers along SRI 14/Salem
Turnpike, and other primary roads through and around the Town of North Andover.
10.The result of such a"gap"will be an inability for the T-Mobile customer to reliably
initiate,receive,or maintain voice and data connections, including 911 emergency
calls,from the time that subscriber leaves the service area until that subscriber
reaches that point where a quality signal is available to reinitiate the communication
link.
11.All existing wireless communications equipment will continue to be maintained and
operate in compliance with all applicable Federal, State and local regulations,
including,but not limited to: the radio frequency emissions regulations set forth in the
1996 Federal Communications Act, applicable regulations administered by the
Federal Aviation Administration(FAA),Federal Communications Commission
(FCC),Massachusetts Aeronautics Commission and the Massachusetts Department of
Health.All equipment is authorized by the FCC Guidelines for Evaluating the
Environmental effects of Radio Frequency Emissions.The radio frequency exposure
levels generated by the proposed facility are substantially below the maximum
allowable health and safety standards established by the FCC. In addition,existing
2/3
equipment and transmission characteristics are in compliance with standards set ford[
by the American National Standards Institute(ANSI)and the National Council of
Radiation protection(NCRP).
Based upon the best radio frequency technology that is available to T-Mobile at this
time,it is my professional opinion that the proposed project is necessary to ensure
adequate PCS service to area residents and businesses in accordance with system
specifications.
Signed under the penalties of perjury this 25th day of January,2010.
X/////` L /`U/`/L Y,✓t't 441
Shnikh'shake'Mahmood,RF FAOceer
15 Commerce Way, Suite B
Norton,MA 02766
(508)286-2770
Shaikh.Mahmood@T-Mobile.com
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WELLMAN ASSOCIATES, INC. ?E FRY,*S�FFi1= BROADWAY STREET
SOf1{ L D. Box 738
1010 MAR I I Pti2' 1 rmwD.MA 01886
March 11, 2010 ( fl. f atamp both copies and
hoRT "Plnu py to MaryIppolito.
h?ASS 0.
Town of North Andover
Planning Board
1600 Osgood Street
North Andover,MA 01845
RE: Applicant: T-Mobile Northeast, LLC
Special Permit Renewal for a W fireless Communications Facilities at
Johnson Street
Dear Members of the Board:
The Applicant respectfully requests a continuance to the next meeting scheduled for April 6,
2010 based on the pending materials the Board has requested.
We look forward to meeting with the Board. Should there be questions concerning this
application in the meantime, please call me at (978) 846-4954. We thank you for your
consideration.
Sincerely,
1
Gin Vilante
Authorized Agent for T-Mobile Northeast,LLC
Town of North Andover j` IVED F'CP
Office of the Planning Departme1419 APR 21 RM 4: 15
Community Development and Services Division_ „-
ti 1600 Osgood Street KOP I I r l L /
'eik�,sc� NIASSAri i ...
North Andover,Massachusetts 01845
NOTICE OF DECISION
Any appeal shall be filed
within (20)days after the
date of filing this notice in
the office of the Town Clerk.
Date: April 20,2010
Date of Hearings: March 2,2010,April 6,
2010,April 20,2010
Date of Decision: April 20,2010
Application of: T-Mobile Northeast Northeast, LLC (formerly Omnipoint
Communications, Inc.)
Premises Affected: Johnson St.
Map 38,Parcel 29
Referring to the above petition for a renewal of a Wireless Special Permit from the
requirements of the North Andover Zoning Bylaw, Sections 8.9 Wireless Service
Facilities and Section 2.65 Special Permit Granting Authority:
So as to allow the renewal of a Special Permit to continue operation of 9 panel antennas
on an existing guyed tower located on Johnson St.,and three equipment cabinets located on
a concrete pad. The Special Permit was originally granted by the North Andover
Planning Board on October 25, 2006.
Upon a motion by Richard Rowen and a 2nd by Timothy Seibert, the Planning Board
hereby APPROVES the renewal of a Wirel Special Permit for an installation of a
Wireless Facility on an existing structure by ie of 5 in favor and 0 against.
behalf of the NyEtb Andover Plamming Board
Jon Simons,Chairman
Richard Rowen
Timothy Seibert
Courtney LaVolpicelo
Michael Colantoni
1
The Planning Board herein approves the renewal of the Special Permit to continue
operation of the Wireless Facility,which consists of 9 panel antennas on an existing guyed
tower located on Johnson St., and three equipment cabinets located on a concrete pad. The
renewal of the Special Permit was requested by T-Mobile Northeast Northeast, LLC
(formerly Omnipoint Communications, Inc.). This application and additional
documentation as cited herein was filed with the Planning Board on January 28, 2010,
with subsequent submittals on file. The applicant submitted a complete application which
was noticed and reviewed in accordance with Sections 8.3, 8.9, 10.3, and 10.3.1 of the
Town of North Andover Zoning Bylaw and MGL c.40A, Sec. 9.
The Planning Board finds that the applicant has met the following requirements as
required by the North Andover Zoning Bylaw Section 8.9:
FINDINGS OF FACT:
1. The renewal application meets the filing requirements of the Wireless Service
Facilities By-law Section 8.9.The applicant has demonstrated that the proposed
wireless facility is in compliance with FCC regulations regarding Maximum
Permissible Exposure (MPE)limits, as indicated by the submittals and reports
provided by the applicant,authored by Donald L. Haes,PhD. The reports are
dated December 29, 2009. The conclusion stated in the reports is that the
applicant's Wireless Facility installation contributes a maximum RF exposure of
less than one-tenth of one percent of the current State and Federal permissible
exposure guidelines. The Planning Board's consultant,Mark Hutchins,has
reviewed this report and has agreed with its fmdings.The Telecommunications
Act of 1996 prohibits this Board from taking health effects of RF transmissions
into account beyond FCC requirements. Mr. Hutchins also verified that the
application is in compliance with the Federal Communications Commission
(FCC) standards and that the application is proper with regard to the following:
The determination that a significant gap in coverage exists.
2. The applicant has provided a letter from a certified engineer stating that the
antenna installation on the guyed tower is structurally sound.
3. The applicant had also demonstrated that the site is in compliance with the Noise
Standards as set forth in section 8.9.8(b).
4. The Planning Board received input and answered questions from residents.
However, the Planning Board believes that the applicant has demonstrated
compliance with the Town of North Andover Zoning Bylaw requirements for this
application.
5. Section 8.9.3.b.i. of the Zoning Bylaw not only encourages,but if feasible,
requires that a wireless service facility shall be located on a preexistent structure.
2
In this case,the applicant intends to locate the facility on the preexistent structure
upon which it is located now. Requiring this applicant to place its existing facility
at a different location would go against the preexistent structure mandate of the
Bylaw.
6. Section 8.9.6 of the Zoning Bylaw not only encourages, but requires, colocation
of a wireless facility. Requiring this applicant to place its existing facility at a
different location would go against the colocation mandate of the bylaw.
7. Opponents wanted the Board to deny this application because periodic reports
were not filed by the applicant since the time the original special permit was
issued. However, the applicant has now filed current reports regarding
radiofrequency emissions and the structural integrity of the tower on which the
antennas are mounted. Nothing has been filed by opponents to contradict those
reports.
8. Opponents also wanted the Board to deny this application because they contended
that the applicant should have paid fines for failure to file annual reports.
However, no such fines have been issued against the applicant so this application
cannot be denied for failure to pay fines. Current reports have been filed.
Furthermore, it is not within the authority of this Board to levy such fines, which
are enforced by a criminal proceeding. In addition, at the hearing, the opponents
could not provide the Board with any example of a municipality in the
Commonwealth where fines for failure to file annual reports were allowed by a
court when the wireless carrier contested the fines under the Federal
Telecommunications Act of 1996.
9. Opponents also wanted the Board to deny this application because they contend
that the application for renewal of the special permit was filed after the expiration
of the special permit for the existing facility. However, the applicant has filed all
of the necessary information for the issuance of the special permit, there has been
no substantive information filed by the opponents to refute or contradict the
information filed by the applicant, and the Board is of the opinion that denial of
this particular application on such a ground would be a violation of the Federal
Telecommunications Act of 1996.
10. Opponents claim that various provisions of Section 8.9.5 in the bylaw, requiring
an applicant to submit information,have not been met and therefore the permit
should be denied. However, Section 8.9.5.d.ix states:
"ix)Waiver. The SPGA may waive one or more of the application
filing requirements of this section if it finds that such
information is not needed for a thorough review of a proposed
wireless service facility."
The Board finds that the information which has not been provided as may be
3
required by Section 8.9.5 is not needed for a thorough review of the proposed
personal wireless service facility. Therefore, the Board hereby waives the
application requirements in Section 8.9.5 for the information which has not been
provided. Refer to the WAIVERS section of the decision for the complete list of
waivers.
11. The Board finds that the application complies with Section 10.31 of the Zoning
Bylaw in that:
a. The specific site is an appropriate location. This is not a new site. This
application is for a location and facility which have been in use.
Engineering reports confirm that this site is needed to close a substantial
gap in coverage.
b. The use will not adversely affect the neighborhood. There is no additional
equipment being added to the existing facility. The facility complies with
FCC regulations regarding radiofrequency emission.
C. There will be no nuisance or serious hazard to vehicles or pedestrians.
The facility has been in use for more than three years and there are no
reports of any hazards. The facility complies with FCC regulations
regarding radiofrequency emission.
d. Adequate and appropriate facilities will be provided for the proper
operation of the proposed use. The facility has been in operation and there
are no physical changes being proposed.
e. This use is in harmony with the general purpose and intent of the zoning
bylaw. The bylaw specifically provides for such a wireless facility and the
use has been in operation for more than three years.
12. The Federal Telecommunications Act of 1996 takes precedence over the North
Andover Zoning Bylaw. In the recent Essex County Superior Court case of
Fournier, et al. v North Andover Planning Board, et al., the Plaintiffs' (neighbors
of the wireless facility) challenge to this Board's action in granting a special
permit was on the basis of a 600 foot setback provision in the zoning bylaw, and
in dismissing that case, the Court was clear that the 600 foot setback did not
control because the Court found that the Federal Telecommunications Act of 1996
"compelled" (the Court's word) this Board to grant the special permit. Similarly,
in the context of this particular application where the applicant has filed
satisfactory current technical reports and otherwise filed sufficient information to
the Board's satisfaction, if this Board were to deny the special permit on the
procedural basis that an application for renewal was filed after the expiration of a
special permit rather than prior to the expiration of the permit or on the basis that
fines should have been (but were not) imposed for failure to file annual reports,
the Board would, in the words of the Federal Telecommunications Act of 1996,
4
be taking actions that "prohibit or have the effect of prohibiting the provision of
personal wireless services" and this Board has no intention of violating that
federal law.
WAVERS
The applicant has requested the following waivers, which have been granted by the
Planning Board due to the fact that the installation is located within an existing facility
and the filing requirements were met when the original application was submitted.
8.9.5(d)(iii)(4) Outline of all existing buildings, includingpurpose (e.g. residential
buildings, garages, accessory structures, etc.) on subject property and all properties
adjacent to the subject property
8.9.5(d)(fii)(8) Distances, at grade, from the proposed wireless service facility to each
building on the vicinityplan.
8.9.5(d)(iii)(13)Location of all wetlands on the subject property and within 100'of the
proposedfacility as approved by the Conservation Commission.
&9.5(d)(iv)(4)(e) Grade changes, or cuts and fill, to be shown as original grade and new
grade line, with two foot contours AMSL.
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.
8.3.5.(e)(ii) SURVEY OF LOT/PARCEL: A boundary survey conforming to the
requirements of the Essex County Registry of Deeds Office. The survey shall be dated and
include any revision made to the survey or site plan. Any change in the survey shall be
recorded before site plan approval may be granted.
8.9.5(d)(iii)(3) Tree cover on the subject property, by dominant species and average
height.
8.9.5(d)(iii)(9) Contours at each 2 feet AMSL for the subject property and all adjacent
properties within 300feet.
&9.5(d)(iii)(12) Lines representing the sight line showing viewpoint (point from which
view is taken and visible point (point being viewed)from 'Sight Lines"subsection below.
8.9.5(d)(m)Sight lines and photographs as described below:
(1) Sight line representation A sight line representation shall be drawn from any public
road within 300 feet and the closest faqade of each residential building (viewpoint)
within 300 feet to the highest point (visible point) of the wireless service facility. Each
sight line shall be depicted in profile, drawn at one-inch equals 40 feet scale. The
profiles shall show all intervening trees and buildings. In the event there is only one (or
5
more) residential building within 300 feet there shall be at least two sight lines from the
closest habitable structures or public roads, if any.
&9.5(d)(iv)(3) Proposed(after condition)photographs. Each of the preexistent condition
photographs shall have the proposed wireless service facility superimposed on it to show
what will be seen from public roads and residential buildings if the proposed wireless
service facility is built.
8.9.5(d)(iv)(4) Siting elevations or views at-grade¢om 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. Elevations shall be at either on-
quarter inch equal one foot or one-eight inch equals one foot scale and show the
following
&9.5(d)(Iv)(4)(d) Preexistent trees and shrubs at current height and proposed trees and
shrubs at the proposed height at time of installation, with approximate elevations
dimensioned
8.9.5(d)(v)(3) Colors of the proposed wireless service facility represented by a color
board showing actual colors proposed. Colors shall be provided for the antenna mounts,
equipment shelters, cables as well as cable runs, and security barrier, if any.
8.9.5(d)(v)(5) Appearance shown by at least two photographic superimpositions of the
wireless service facility within the subject property. The photographic superimposition's
shall be provided for the antennas, mounts equipment shelters, cables as well as cable
runs, and security barrier, if any,for the total height, width and breadth.
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.
&9.5(d)(v)(7)During the public hearing process the applicant shall 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
&9.5(d)(viii)Federal Environmental Filing Requirements.
(1) At the time of application filing, an Environmental Assessment (EA) that meets FCC
requirements shall be submitted to the Town for each wireless service facility site that
requires such an EA to be submitted to the FCC.
(2) The applicant shall list location, type and amount (including radiation trace
elements) of any materials proposed for use within the wireless service facility that are
considered hazardous by federal, state or local government
The following requirement is no longer applicable, as it is no longer required by the state
of Massachusetts.
6
8.9.5(d)(vii)(3) Applicant must submit a copy of the letter from the Massachusetts
Department of Public Health approving the site for this facility as required by 105CMR
122.000 requires that the Department of Public Health approve all sites for wireless
facilities with respect to emissions.
Finally the Planning Board finds that this project generally complies with the Town of
North Andover Zoning Bylaw requirements as listed in Section 8.9 but requires
conditions in order to be fully in compliance. The Planning Board hereby grants an
approval to the applicant provided the following conditions are met:
SPECIAL CONDITIONS:
1) The applicant is required to insure that all security measures are in place, including
but not limited to security fencing and locks.
2) 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 carver 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 carver 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 location of the wireless service facility in its condition before
the installation, except that any landscaping and grading shall remain the
after-condition.
c) The equipment shall be deemed to be abandoned or discontinued if it has not been
used for the purpose for which it was originally constructed for a period of six(6)
months or more. Once abandonment or discontinuance has occurred, the carrier
shall remove the equipment from the subject property within ninety days.
3) Term of Special Permit.
7
a) A Special Permit issued for this wireless service facility shall be valid for three
(3)years from the date of the decision for the Special Permit renewal. The special
permit may be renewed under the same criteria as the original special permit,
provided that the application for renewal of the special permit is made prior to the
expiration 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 submit to the SPGA at annual intervals from the date of the
decision for the Special Permit renewal, preexistent and current RFR
measurements. Such measurements shall be signed and certified by an RF
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 Section 8.9(5)(d)(vii) RFR Filing Requirements of this Bylaw. The
measurements shall be submitted for both the applicant and all co-locators. If the
applicant fails to comply with this requirement, the Special Permit will be
revoked,until such time that the installation is brought into compliance with FCC
Guidelines.
c) The applicant shall submit to the SPGA at annual intervals from the date of
decision of the Special Permit renewal, preexistent and current measurements of
acoustic noise from the wireless service facility. Such measurements shall be
certified and signed by an acoustical engineer, stating that noise measurements are
accurate and meet the Noise Standards sub-section 8.9.(5)(d)(vi) of this Bylaw.
The applicant shall forward to a separate consulting engineer, selected by the
Town,the above materials for review. The applicant shall pay for such review.
d) The applicant and co-applicant or their successor in interest shall maintain the
wireless service equipment in good condition. Such maintenance shall include,
but shall not be limited to,painting and structural integrity of the antennas.
4) 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.
5) 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.
6) The following information shall be deemed part of the decision:
a) Application titled: Application for Special Permit Renewal
8
T-Mobile Northeast,LLC (formerly Omnipoint
Communications, LLC)
15 Commerce Way
Norton,MA 02766
Prepared for: -Mobile Northeast,LLC (formerly
Omnipoint Communications,LLC)
b) Documentation Submitted:
1 Application for Special Permit,received January 28,2010.
2 Supporting Statement,including waivers requested, from Wellman Associates.
dated January 28, 2010
3 Letter of Authorization from T-Mobile Northeast, LLC
4 Affidavit of Radio Frequency Expert, dated January 25, 2010
5 FCC Radio Authorization, dated February 2006
6 Photographs of Existing Condition
7 Environmental Sound Assessment,Dated January 13,2010
8 RF Coverage Maps, showing coverage before and after installation
9 RF Emissions Report prepared by Donald L. Haes,dated December 29,2009.
10 Structural Assessment,prepared by Marc Chretien,P.E.,dated March,31 201 G
11 Site License Agreement between Sprint Spectrum Realty and Omnip"�
N nn
Communications,dated May 18, 2007. `T>
S<
rn
12 Site Plans,pages T-1,A-1,A-2, S-land E-1. r
- m
Prepared for: T-Mobile Northeast,LLC(formerly Omnipoint Communications,Inc.)
15 Commerce Way, Suite B,
Norton,MA 02766
Prepared by: Coler&Colantonio
55 Bobala Road
Holyoke,MA 01040
Date: November 15,2006
9
T
WELLMAN ASSOCIATES 4 CEIVED 70 BROAMAr Sracrr
[i , sorlic._ P.O. Box 738
W eMMD.MA 01886
2010 MAR 16 AM 10: 16
March 11, 2010 -1 Oi''Il ,�,'
NORTH A '2.fr: _
MASSACH, ' _ — Please time stamp both copies and
Town of North Andover return one copy to Mary Ippolito.
Planning Board Thank you.
1600 Osgood Street
North Andover,MA 01845
RE: Applicant: T-Mobile Northeast,LLC
Special Permit Renewal for a Wireless Communications Facilities at
Johnson Street
Dear Members of the Board:
The Applicant respectfully requests a continuance to the next meeting scheduled for April 6,
2010 based on the pending materials the Board has requested.
We look forward to meeting with the Board. Should there be questions concerning this
application in the meantime, please call me at (978) 846-4954. We thank you for your
consideration.
Sincerely,
lk�
Gin Vilante
Authorized Agent for T-Mobile Northeast, LLC