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Miscellaneous - 723 OSGOOD STREET
CONSERVATION DEPARTMENT Community Development Division NEGATIVE DETERMINATION OF APPLICABILITY SPECIAL CONDITIONS Osgood Hill Invasive Species Management, North Andover At the August 27, 2014 public heating, the North Andover Conservation Commission (NACC) voted to issue a Negative Determination of Applicability for the cutting and treatment (organic herbicide — Nature's Avenger) of Japanese Knotweed in an area within the 100 -foot Buffer Zone to Bordering Vegetated Wetland (BV W) and within the North Andover Watetsbed Protection District. Restoration planting is also proposed. Owner/Applicant Town of North Andover 120 Main Street North Andover, MA 01845 Record Documents: Request for Determination of Applicability Including Project & Work Descriptions Submitted: August 14, 2014 Photos taken 5/2/14 Aerial Photos with work areas outlined Letter from Michael Downey PCR) Letter Date: July 7, 2014 PECIAL CONDITION ❖ All work shall be conducted in accordance with the work description referenced herein. Immediately following completion of the work, any disturbed areas shall be permanently stabilized against erosion. Upon completion of each phase of the project (cutting, treatment, planting), the Conservation Department shall be contacted to conduct a site inspection. Erosion control will be installed, if necessary, at the direction of the Conservation Department. 1600 Osgood Street, Suite 2035, NordsAudoves, Mssswhux 01845 Phone 97&688.9530 Fu 978688.9542 Web: http://wuw.towmfoorthmdoveccwu/Pages/NAndovabLA—Corse tim/lades Important: When filling out forms on the computer, use only the tab key to move your cursor - do not use the return key. ICI Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 2 —Determination of Applicability Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 A. General Infortnation ait North Andover Conservation commission To: Applicant Town of North Andover Property Owner (if different from applicant): Name Name 120 Main Street Mailing Address Mailing Address North Andover MA 01845 cityrrown State Zip Code Cayrrown State Zip Code Title and Date (or Revised Date if applicable) of Final Plans and Other Documents: Aerial Photos with work areas outlined Title 2. Date Request Filed: Date Date B. Determination Pursuant to the authority of M.G.L. c. 131, § 40, the Conservation Commission considered your Request for Determination of Applicability, with its supporting documentation, and made the following Determination. Project Description (if applicable): Removal of invasive vegetation with organic treatment and re -planting within the Buffer Zone to Bordering Vegetated Wetland and Zone A. Project Location: 723 Osgood Street North Andover Street Address Cltyfrown Assessors MaWPlat Number Parcel 23 Parcel/Lot Number rye 2.Mc-De naum dPyd NlXy•m.=13 Pp.ta5 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 2 — Determination of Applicability Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 B. Determination (cont.) The following Determination(s) is/are applicable to the proposed site and/or project relative to the Wetlands Protection Act and regulations: Positive Determination Note: No work within the jurisdiction of the Wetlands Protection Act may proceed until a final Order of Conditions (issued following submittal of a Notice of Intent or Abbreviated Notice of Intent) or Order of Resource Area Delineation (issued following submittal of Simplified Review ANRAD) has been received from the issuing authority (i.e., Conservation Commission or the Department of Environmental Protection). ❑ 1. The area described on the referenced plan(s) is an area subject to protection under the Act. Removing, filling, dredging, or altering of the area requires the filing of a Notice of Intent. ❑ 2a. The boundary delineations of the following resource areas described on the referenced plans) are confirmed as accurate. Therefore, the resource area boundaries confirmed in this Determination are binding as to all decisions rendered pursuant to the Wetlands Protection Act and its regulations regarding such boundaries for as long as this Determination is valid. ❑ 2b. The boundaries of resource areas listed below are not confirmed by this Determination, regardless of whether such boundaries are contained on the plans attached to this Determination or to the Request for Determination. ❑ 3. The work described on referenced plans) and document(s) is within an area subject to protection under the Act and will remove, fill, dredge, or alter that area. Therefore, said work requires the filing of a Notice of Intent. ❑ 4. The work described on referenced plan(s) and document(s) is within the Buffer Zone and will alter an Area subject to protection under the Act. Therefore, said work requires the filing of a Notice of Intent or ANRAD Simplified Review (if work is limited to the Buffer Zone). ❑ 5. The area and/or work described on referenced plan(s) and document(s) is subject to review and approval by: Name of Municipality Pursuant to the following municipal wetland ordinance or bylaw: Name Ordinance or Bylaw Citation wpaan,adm-Del—InWio,dkploblh-re..=13 Pew2a5 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 2 — Determination of Applicability Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 B. Determination (cont.) ❑ 6. The following area and/or work, if any, is subject to a municipal ordinance or bylaw but not subject to the Massachusetts Wetlands Protection Act: ❑ 7. If a Notice of Intent is filed for the work in the Riverfront Area described on referenced plan(s) and document(s), which includes all or part of the work described in the Request, the applicant must consider the following alternatives. (Refer to the wetland regulations at 10.58(4)c. for more information about the scope of alternatives requirements): ❑ Alternatives limited to the lot on which the project is located. ❑ Alternatives limited to the lot on which the project is located, the subdivided lots, and any adjacent lots formerly or presently owned by the same owner. ❑ Alternatives limited to the original parcel on which the project is located, the subdivided parcels, any adjacent parcels, and any other land which can reasonably be obtained within the municipality. ❑ Alternatives extend to any sites which can reasonably be obtained within the appropriate region of the state. Negative Determination Note: No further action under the Wetlands Protection Act is required by the applicant. However, if the Department is requested to issue a Superseding Determination of Applicability, work may not proceed on this project unless the Department fails to act on such request within 35 days of the date the request is post -marked for certified mail or hand delivered to the Department. Work may then proceed at the owners risk only upon notice to the Department and to the Conservation Commission. Requirements for requests for Superseding Determinations are listed at the end of this document. ❑ 1. The area described in the Request is not an area subject to protection under the Act or the Buffer Zone. ❑ 2. The work described in the Request is within an area subject to protection under the Act, but will not remove, fill, dredge, or alter that area. Therefore, said work does not require the fling of a Notice of Intent. ® 3. The work described in the Request is within the Buffer Zone, as defined in the regulations, but will not alter an Area subject to protection under the Act. Therefore, said work does not require the filing of a Notice of Intent, subject to the following conditions (if any). ❑ 4. The work described in the Request is not within an Area subject to protection under the Act (including the Buffer Zone). Therefore, said work does not require the filing of a Notice of Intent, unless and until said work alters an Area subject to protection under the Act. xpeWm dM -D& minati &Applice tl --W13 N'g '5 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 2 — Determination of Applicability Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 B. Determination (cont.) ❑ 5. The area described in the Request is subject to protection under the Act. Since the work described therein meets the requirements for the following exemption, as specified in the Act and the regulations, no Notice of Intent is required: Exempt Activity (site applicable statuatory/regulatory provisions) ® 6. The area and/or work described in the Request is not subject to review and approval by North Andover Conservation Commission Name of Municipality Pursuant to a municipal wetlands ordinance or bylaw. North Andover Wetlands Protection Bylaw Chapter 178 Name Ordinance or Bylaw citation C. Authorization This Determination is issued to the applicant and delivered as follows: ® by hand delivery on 9.5- / `/ Date ❑ by certified mail, return receipt requested on Date This Determination is valid for three years from the date of issuance (except Determinations for Vegetation Management Plans which are valid for the duration of the Plan). This Determination does not relieve the applicant from complying with all other applicable federal, state, or local statutes, ordinances, bylaws, or regulations. This Determination must be signed by a majority of the Conservation Commission. A copy must be sent to the appropriate DEP Regional Office (see different from the applicant). Signatures: wpXomlz -oel rarlm M MPn�uro' rev. oa'la Pale 4d DEP FILE 4 242 -1580 APPENDIX A - AFFIDAVIT on oath do hereby depose and state: (authorized agent applicant and/or current owner) (PLEASE CHECKAT LEAST ONE BLOCK) 1. I am the of ( position with applicant) (applicant name or company name) the applicant upon whom Order of Conditions have been placed upon by (DEP or NACC number) the North Andover Conservation Commission. 2. Nor I am the of (position with owner) (owner name) the owner upon whose land Order of Conditions have been placed up by (DEP or NACC number) the North Andover Conservation Commission. 3. I hereby affirm and acknowledge that I have received said Order of Conditions and have read the same and understand each (DEP File #) and every condition which has been set forth in said Order of Conditions. 4. I hereby affirm and acknowledge that on this day of 20_ I inspected said property together with any and all improvements which have been made to the same and hereby certify that each and every condition set forth in Order of Conditions are presently in compliance. (DEP File #) A I hereby affirm and acknowledge that this document will be relied upon by the North Andover Conservation Commission as well as any potential buyers of said property which is subject to said Order of Conditions (DEP File #) Signed under the pains and penalties of perjury this _ day of 20_. (Signature - authorimd agent of applicant or owner) 242-1580, Osgood Street 1018, Special Conditions 14 NACC 4252013 DEP FILE # 242 -1580 c. The name and address of the current landowner. d. Signed statements from the individual property owners shall be submitted with the request for a Certificate of Compliance indicating that they read and understood the recorded Order of Conditions prior to purchasing their property. e. The name and address of the individual/ trust or corporation to whom the compliance is to be granted. f. The street address and assessors map/parcel number for the project. g. The DEP file number. h. A written statement from a Registered Professional Civil Engineer (and/or Registered Professional Land Surveyor) of the Commonwealth certifying that the work has been conducted as shown on the plan(s) and documents referenced above, and as conditioned by the Commission. L An "As -Built" plan prepared and signed and stamped by a Registered Professional Civil Engineer (P.E.) (and/or Registered Professional Land Surveyor) of the Commonwealth, for the public record. This plan will include: ➢ "As -Built" post -development elevations of all drainage & stormwater management structures constructed within 100 feet of any wetland resource area. NOTE: If portions of the stormwater systems exist partially within the Buffer Zone than the entire structure must be depicted to accurately verify compliance. ➢ "As -Built" post -development elevations and grades of all filled or altered wetland resource areas including the encompassing buffer zone which is regulated as a resource area under the local Wetland Protection Bylaw. ➢ Distances from structures to wetland resource areas. Structures include (but are not limited to) septic systems, additions, fences, sheds, stone walls, pools, retaining walls, subsurface utilities and decks. ➢ A line showing the limit of work and the extent of existing erosion control devices. "Work" includes aU disturbance of soils or vegetation. ➢ Location of all subsurface utilities entering the property. 80. The following special conditions shall survive the issuance of a Certificate of Compliance (COC) for this project: ➢ 25' No -Disturbance Zone and a 50' No -Construction Zone shall be established from the edge of adjacent wetland resource areas as approved under DEP # 242-1580. Future work within 100' of existing wetland resource areas will require a separate filing with the NACC (refer to Section 3.4 of the Regulations for performance standards within these zones) The Conservation Administrator and/or other agents of the NACC do not have the authority to waive these setbacks as established under the local ByLaw; 242-1580, Osgood Steel 1018, Special Conditions 12 NACC 4/25/2013 DEP FILE # 242 -1580 63. All catch basins shall contain oil/gasoline traps, and it shall be a continuing condition of this order, even after a Certificate of Compliance is issued, that the oil/gasoline traps in the catch basins be maintained. All catch basins shall be free of all accumulated silt and debris before a Certificate of Compliance is issued and the owner or his/her agent shall so specify in the request for Compliance. 64. Dewatering activities are not proposed as part of the filing. No discharge of water is allowed directly into an area subject to jurisdiction of the Wetlands Protection Act and/or the North Andover Wetland Bylaw. If emergency de -watering requirements arise, the applicant shall submit a contingency plan to the Commission for approval, which provides for the pumped water to be contained in a settling basin, to reduce turbidity prior to discharge into a resource area. 65. Associated pavement and roadways shall be swept at least weekly or as directed by the Erosion Control monitor, the Site Supervisor, Project Manager, or Conservation staff for as long as the site remains exposed and un -stabilized. 66. Any fill used in connection with this project shall be clean fill, containing no trash, refuse, rubbish or debris, including but not limited to lumber, bricks, plaster, wire, lath, paper, cardboard, pipe, tires, ashes, refrigerators, motor vehicles or parts on any of the foregoing. 67. All exposed soil finish grade surfaces shall be immediately landscaped and stabilized, or loamed, seeded and mulched, with a layer of mulch hay. All disturbed areas must be graded, learned and seeded prior to November tat of each year. Outside of the growing season, exposed soil finish grade surfaces shall be stabilized with a layer of mulch hay until climate conditions allow for seeding. During construction, any area of exposed soils that will be left idle for more than 30 days shall be stabilized with a layer of mulch hay or other means approved by the NACC. 68. No re -grading in the buffer zone shall have a slope steeper than 2:1 (horizontal: vertical). Slopes of steeper grade shall be rip -rapped to provide permanent stabilization. 69. There shall be no stockpiling of soil or other materials within fifty (50) feet of any resource area. 70. Washings from concrete trucks, or surplus concrete, shall not be directed to, any drainage system, or wetland resource area. If truck washing is to be done on site an area shall be designated and approved by the Conservation Department. 71. All waste generated by, or associated with, the construction activity shall be contained within the limit of work, and away from any wetland resource area. There shall be no burying of spent construction materials or disposal of waste on the site by any other means. The applicant shall maintain dumpsters (or other suitable means) at the site 242-1580, Osgood Street 1018, Special Conditions 10 NACC 425/2013 DEP FILE # 242 -1580 condition. This document shall apply to each of the conditions referenced herein and shall be provided to the Conservation Department at least five (5) business days prior to the closing of said land transaction. 52. once these above mentioned pre -construction requirements are complete, the applicant shall contact the Conservation Office prior to site preparation or construction and shall arrange an on-site conference with an NACC representative, the contractor, the engineer, wetland scientist/monitor and the applicant to ensure that all of the Conditions of this Order are understood. This Order shall be included in all construction contracts, subcontracts, and specifications dealing with the work proposed and shall supersede any conflicting contract requirements. The applicant shall assure that all contractors, subcontractors and other personnel performing the permitted work are fully aware of the permits terms and conditions. Thereafter, the contractor will be held jointly liable for any violation of this Order of Conditions resulting from failure to comply with its conditions. The applicant or contractor shall notify the NACC in writing of the identity of the on-site construction supervisor hired to coordinate construction and to ensure compliance with this Order. A reasonable period of time shall be provided as notice of the pre -construction meeting (e.g. 72 hours). 11STORMWATER MANAGEMENT CONDITIONS 53. All construction and post -construction stormwater management shall be conducted in accordance with supporting documents submitted with the Notice of Intent, the Department of Environmental Protection Stormwater Management Policy and as approved by the NACC in this Order of Conditions. 54. Erosion control measures shall be implemented and maintained in accordance with the Operation & Maintenance Plan and Long Term Pollution Prevention Plan for Stormwater Management Systems (hereafter the "O&M Plan'). 55. There shall be no increase in the post development discharges from the storm drainage system or any other changes in post development conditions that alter the post development watershed boundaries as currently depicted in the Notice of Intent and approved by this Order of Conditions, unless specifically approved in writing by the Commission. 56. Water quality in down gradient BV W's shall not differ significantly following completion of the project from the pre -development conditions. There shall be no sedimentation into wetlands or water bodies from discharge pipes or surface runoff leaving the site. 57. Prior to the issuance of the Certificate of Compliance, the applicant shall be responsible for cleaning all stormwater structures, in accordance with the approved 242-1580, Osgood Street 1018, Special Conditions 8 NACC 425/2013 DEP FILE # 242 -1580 44. Wetland flagging shall be checked prior to start of construction and shall be re- established where missing. All wetland flagging shall remain visible and enumerated per the approved plan(s) throughout the life of the project and until a Certificate of Compliance is issued so that erosion control measures can be properly placed and wetland impacts can be monitored. The proposed limit of work shall be shall be clearly marked with erosion controls or temporary fencing and shall be confirmed by the NACC. Such barriers shall be checked and replaced as necessary and shall be maintained until all construction is complete. Workers should be informed that no use of machinery, storage of machinery or materials, stockpiling of soil, or construction activity is to occur beyond this line at any time. 45. A row of staked haybales backed by trenched siltation fence shall be placed between all construction areas and wetlands. The erosion control barrier will be properly installed and placed as shown on the plans approved and referenced herein and shall be inspected and approved by the NACC or its agent prior to the start of construction and shall remain intact until all disturbed areas have been permanently stabilized to prevent erosion. All erosion prevention and sedimentation protection measures found necessary during construction shall be implemented at the direction of the NACC or its agent. The NACC reserves the right to impose additional conditions on portions of this project to mitigate any impacts which could result from site erosion, or any noticeable degradation of surface water quality discharging from the site. For example, installation of erosion control measures may be required in areas not shown on the plan(s) referenced in this Order of Conditions. Should such installation be required by the NACC, they shall be installed within 48 hours of the Commission's request. 46. The applicant shall have on hand at the start of any soil disturbance, removal or stockpiling fifteen (15) hay bales and sufficient stakes for staking these bales (or an equivalent amount of silt fence,1 hay bale to equal 3 feet of fence). Said bales shall be used only for the control of emergency erosion problems and shall not be used for the normal control of erosion. 47. A check payable to the Town of North Andover shall be provided in the amount of $15,000 which shall be in all respects satisfactory to Town Counsel, Town Treasurer, and the NACC, and shall be posted with the North Andover Town Treasurer through the NACC before commencement of work. Said deposit of money shall be conditioned on the completion of all conditions hereof, shall be signed by a party or parties satisfactory to the NACC, and Town Counsel, and shall be released after completion of the project, provided that provisions, satisfactory to the NACC, have been made for performance of any conditions which are of continuing nature. The applicant may propose a monetary release schedule keyed to completion of specific portions of the project for the NACC's review and approval. This condition is issued under the authority of the local ByLaw. 242-1580, Osgood Sleet 1018, special Conditions 6 NACC 4252013 DEP FILE # 242 -1580 32. The following wetland resource areas are affected by the proposed work: Buffer Zone to Bordering Vegetated Wetland (BV W). These resource areas are significant to the interests of the Act and Town ByLaw as noted above and therein. The applicant has not attempted to overcome the presumption of significance of these resource areas to the identified interests. 33. The NACC agrees with the applicant's delineation of the wetland resource areas on the site as shown on the plans dated referenced herein. 34. The NACC finds that the intensive use of the upland areas and buffer zone proposed on this site will cause further alteration of the wetland resource areas. In order to prevent any alteration of wetland resource areas a twenty five foot (25) No - Disturbance Zone and a fifty foot (50') No -Construction Zone shall be established from the edge of the adjacent wetland resource area as shown on the herein referenced plans. The Conservation Administrator and/or other agents of the NACC do not have the authority to waive these setbacks as established under the local bylaw. No disturbance of existing grade, soils or vegetation is permitted in the No -Disturbance zone. (See Section 3.4 & Appendix F of the local Regulations). 35. This document shall be included in all construction contracts, subcontracts, and specifications dealing with the work proposed and shall supersede any conflicting contract requirements. The applicant shall assure that all contractors, subcontractors, and other personnel performing the permitting work are fully aware of the permits terms and conditions. Thereafter, the contractor will be held jointly liable for any violation of this Order resulting from failure to comply with its conditions. 36. The owners of the project and their successors in title agree that the Order does not in itself impose upon the Town any responsibility to maintain the proposed drainage system and that said Town shall not be liable for any damage in the event of failure. By acceptance of this Order, the owners agree to indemnify and hold harmless to the Town and its residents for any damage attributable to alterations undertaken on this property pursuant to the Order. Issuance of these Conditions does not in any way imply or certify that the site or downstream areas will not be subject to flooding, storm damage or any other form of water damage. Maintenance of the drainage system, if accepted by the Town as part of a public way, becomes the responsibility of the Town. 37. The NACC finds the applicant's proposal for Buffer Zone Enhancement plantings, as shown on the herein referenced Landscape Plan, to be adequate. Enhancement plantings shall be monitored for one full year prior to the issuance of a Certificate of Compliance. At the end of the monitoring period, a report and photographs shall be prepared and submitted to the Conservation Department that describes the survivability, health and vigor of the restoration area. If at the end of the first year, overall success of restoration activities is not achieved (75% native species), the NACC reserves the rights to require additional mitigation measures. 242-1580, Osgood Street 1018, special conditions 4 NACC 4/25/2013 DEP FILE # 242 -1580 Sheet 9: Utility Details (4/16/13) Sheet 10: Site Details (1/23/13) Sheet 11: Truck Circulation Plan Lighting Proposal - LSI Industries 1/17/13 Sheet A7 & A8: Exterior Elevations James D. Smith Architect 7-13-11 Stormwater Report prepared by: MHF Design Consultants, Inc. October 19, 2012 Revised December 7, 2012 Stamped by: Frank C. Monteiro, P.E. Operation & Maintenance Plan prepared by: MHF Design Consultants, Inc. Date: October 19, 2012 Last Revised: April 4, 2013 Stormwater Review: Eggleston Environmental Lisa D. Eggleston, P.E. Review Letters Dated: November 14 2012, January 7, April 3 & April 18, 2013 Email Dated: 4/19/2013 Response Letters from MHF Design Consultants Inc. to Eggleston Environmental Review dated: December 11, 2012, April 4, 2013 and April 19, 2013 Other Record Documents: Conceptual Landscape Plan Prepared by: Huntress Associates, Inc. 17 Tewksbury Street Andover, MA 01810 Last Revised: 5/1/12 Stamped by: Christian C. Huntress, R.L.A. Wetland Delineation Conducted by: Epsilon Associates March 14, 2012 22. The term "Applicant" as used in this Order of Conditions shall refer to the owner, any successor in interest or successor in control of the property referenced in the Notice of Intent, supporting documents and this Order of Conditions. The NACC shall be notified in writing within 30 days of all transfers of title of any portion of property that takes place prior to the issuance of a Certificate of Compliance. 242-1580, Osgood Street 1018, Special Conditions 2 NACC 4/25/2013 CONSERVATION DEPARTMENT Community Development Division NEGATIVE DETERMINA'T'ION OF APPLICABILITY SPECIAL CONDITIONS Osgood Hill Invasive Species Management, North Andover At the August 27, 2014 public heating, the North Andover Conservation Commission (NACC) voted to issue a Negative Determination of Applicability for the cutting and treatment (organic herbicide — Nature's Avenger) of Japanese Knotweed in an area within the 100 -foot Buffu Zone to Bordering Vegetated Wetland (BV W) and within the North Andover Watershed Protection District. Restoration planting is also proposed. Owner/Applicant: Town of North Andover 120 Main Street North Andover, MA 01845 Record Documents: Request for Determination of Applicability Including Project & Work Descriptions Submitted: August 14, 2014 Photos taken 5/2/14 Aerial Photos with work areas outlined Letter from Michael Downey PCR) Letter Date: July 7, 2014 CLU CONDITI All work shall be conducted in accordance with the work description referenced herein. Immediately following completion of the work, any disturbed areas shall be permanently stabilized against erosion. :• Upon completion of each phase of the project (cutting, treatment, planting), the Conservation Department shall be contacted to conduct a site inspection. Erosion control will be installed, if necessary, at the direction of the Conservation Department. 1600 Osgood Stmet, Suite2035, North Andover, Mnsachum 01845 Phare 978,688.9530 Fu 978.688.9542 Web: htq,//wwwtownofnorthandover.com/Pages/NAndoverMA_Come adon/index Massachusetts Department of Environmental Protection Bureau of Resource Protection -Wetlands WPA Form 2 —Determination of Applicability Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 A. General Information Important: From: When filling out fors on the North Andover computer, use Conservation Commission only the tab key to move To: Applicant Property Owner (if different from applicant): your cursor - do not use the Town of North Andover return key. Name Name 120 Main Street � Mailing Address Mailing Address North Andover state 01&15 CkyRown State Zlp Cade CityRown Stale lip Code ew 1. Title and Date (or Revised Date if applicable) of Final Plans and Other Documents: Aerial Photos with work areas outlined Title Date Title Date 2. Date Request Filed: B. Determination Pursuant to the authority of M.G.L. c. 131, § 40, the Conservation Commission considered your Request for Determination of Applicability, with its supporting documentation, and made the following Determination. Project Description (if applicable): Removal of invasive vegetation with organic treatment and re -planting within the Buffer Zone to Bordering Vegetated Wetland and Zone A. Project Location 723 Osgood Street North Andover Street Address Cityrrmn Map 35 Parcel 23 Assessors MaplPlat Number ParcellLot Number wpNwm d=-Oelem,ina4on dApplirabiliry. rev, OW13 Pepe 1.5 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 2 — Determination of Applicability Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 B. Determination (cont.) The following Determination(s) is/are applicable to the proposed site and/or project relative to the Wetlands Protection Act and regulations: Positive Determination Note: No work within the jurisdiction of the Wetlands Protection Act may proceed until a final Order of Conditions (issued following submittal of a Notice of Intent or Abbreviated Notice of Intent) or Order of Resource Area Delineation (issued following submittal of Simplified Review ANRAD) has been received from the issuing authority (i.e., Conservation Commission or the Department of Environmental Protection). ❑ 1. The area described on the referenced plan(s) is an area subject to protection under the Act. Removing, filling, dredging, or altering of the area requires the filing of a Notice of Intent. ❑ 2a. The boundary delineations of the following resource areas described on the referenced plan(s) are confirmed as accurate. Therefore, the resource area boundaries confirmed in this Determination are binding as to all decisions rendered pursuant to the Wetlands Protection Act and its regulations regarding such boundaries for as long as this Determination is valid, ❑ 2b. The boundaries of resource areas listed below are not confirmed by this Determination, regardless of whether such boundaries are contained on the plans attached to this Determination or to the Request for Determination. ❑ 3. The work described on referenced plan(s) and document(s) is within an area subject to protection under the Act and will remove, fill, dredge, or alter that area. Therefore, said work requires the filing of a Notice of Intent. ❑ 4. The work described on referenced plan(s) and document(s) is within the Buffer Zone and will alter an Area subject to protection under the Act. Therefore, said work requires the fling of a Notice of Intent or ANRAD Simplified Review (if work is limited to the Buffer Zone). ❑ 5. The area and/or work described on referenced plan(s) and document(s) is subject to review and approval by: Pursuant to the following municipal wetland ordinance or bylaw: Ordinance or Bylaw Citation wLUer2dm.DelerminarloodAPpf¢ablllry-rev . M13 Pa',a0as Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 2 — Determination of Applicability Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 B. Determination (cont.) ❑ 6. The following area and/or work, if any, is subject to a municipal ordinance or bylaw but not subject to the Massachusetts Wetlands Protection Act: ❑ 7. If a Notice of Intent is fled for the work in the Riverfront Area described on referenced plan(s) and document(s), which includes all or part of the work described in the Request, the applicant must consider the following alternatives. (Refer to the wetland regulations at 10.58(4)c. for more information about the scope of alternatives requirements): ❑ Alternatives limited to the lot on which the project is located. ❑ Alternatives limited to the lot on which the project is located, the subdivided lots, and any adjacent lots formerly or presently owned by the same owner. ❑ Alternatives limited to the original parcel on which the project is located, the subdivided parcels, any adjacent parcels, and any other land which can reasonably be obtained within the municipality. ❑ Alternatives extend to any sites which can reasonably be obtained within the appropriate region of the state. Negative Determination Note: No further action under the Wetlands Protection Act is required by the applicant. However, if the Department is requested to issue a Superseding Determination of Applicability, work may not proceed on this project unless the Department fails to act on such request within 35 days of the date the request is post -marked for certified mail or hand delivered to the Department. Work may then proceed at the owner's risk only upon notice to the Department and to the Conservation Commission. Requirements for requests for Superseding Determinations are listed at the end of this document. ❑ 1. The area described in the Request is not an area subject to protection under the Actor the Buffer Zone. ❑ 2. The work described in the Request is within an area subject to protection under the Act, but will not remove, fill, dredge, or alter that area. Therefore, said work does not require the filing of a Notice of Intent. ® 3. The work described in the Request is within the Buffer Zone, as defined in the regulations, but will not alter an Area subject to protection under the Act. Therefore, said work does not require the filing of a Notice of Intent, subject to the following conditions (if any). ❑ 4. The work described in the Request is not within an Area subject to protection under the Act (including the Buffer Zone). Therefore, said work does not require the filing of a Notice of Intent, unless and until said work alters an Area subject to protection under the Act. 'K�^,m3.Ucc. Me Ire naKIIcNft--W1i N,.3d5 , , f Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 2 — Determination of Applicability Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Det§effnination (cont.) ❑ 5. The area described in the Request is subject to protection under the Act. Since the work described therein meets the requirements for the following exemption, as specified in the Act and the regulations, no Notice of Intent is required: Exempt Activity (site applicable statuatory/regulatory provisions) ® 8. The area and/or work described in the Request is not subject to review and approval by: North Andover Conservation Commission Name of Municipality Pursuant to a municipal wetlands ordinance or bylaw. North Andover Wetlands Protection Bylaw Chapter 178 Name ordinance or Bylaw Citation C. Authorization This Determination is issued to the applicant and delivered as follows: ® by hand delivery on ❑ by certified mail, return receipt requested on Date Date This Determination is valid for Mree years from the date of issuance (except Determinations for Vegetation Management Plans which are valid for the duration of the Plan). This Determination does not relieve the applicant from complying with all other applicable federal, state, or local statutes, ordinances, bylaws, or regulations. This Determination must be signed by a majority of the Conservation Commission. A copy must be sent to the appropriate DEP Regional Office (see Signatures: different from the applicant). xPelonnQ dao. Delmmmalvn W prpllctMrey • rev. =1a Page 4 ors ' NETWGRK BUILDING & CONSULTING, LLC May 23, 2012IN Is @ R 9 W[ JUN — 4 2012 L SPECIAL PERMIT APPLICATION— FOR MODIFICATION TO AN EXISTING WIRELESS COMMUNICATION FACILITY LOCATION: 723 Osgood Street North Andover APPLICANT: SPRINT SPECTRUM, LP SUBMITTED TO: f Ol PREPAREDBY:BY: David Archambault Network Building & Consulting 14 Hollywood Ave Narragansett, RI 02882 401-207-1088 darch@nbctic.com -SSG41 N1?SOtJ 9s:ilan s—Nnraioa ?JIJ4 S.xaj 1j;., 03AI333y NORTH ANDOVER Ne ORK BwLoinc & CONSULTING, LLC Exhibit 1 ZBA Application Foran Exhibit2 Supporting Statement Exhibit 3 FCC Exhibit 4 Certified Abutter's List Exhibit 5 Photo Simulations Exhibit 6 Antenna Specifications Exhibit 7 Letter of Authorization (LOA) Exhibit 8 RF docs Exhibit 9 Noise Statement Exhibit 10 Drawings NETWORK BWLOINO 6 CONSULTING, LLC EXHIBIT 1 d MoaTN -1y • O M14 f j: Town of North Andover Office of the Planning Department Community Development and Services Division P (978) 688-9535 1600 Osgood Street F (978) 688-9W2 Building 20, Suite 2-36 North Andover, Massachusetts 01845 Town of North Andover Planning Board Application for Special Permit Please type or print clearly. 1. Petitioner: David Archambault as agent for sprint Petitioners Address: 44 Holywood Ave Narragansett, RI 02882 Telephone number. 401-207-1088 2. Owners of the Land: Town of North Andover Address: 120 Mein Street North Andover, MA 01845 Number of years of ownership: 3. Year lot was created: 4. Description of Progos id Project: To replace sung antennas with new upgraded antennas, to replace existing equipment and cabals with new upgraded equipment andLca�e�ls add 6 Rempate Radio Head's s)an upgrade tem A/Lt' Pl-Kk�IL 5. Description of Premises: R-2 district This is an exlsung Telecommunications Facility 6. Address of Property Being Affected: 723 Osgood Street Zoning District: R-2 Assessors Map: 35 Lott: 23 Registry of Deeds: Book t: 04797 Page t: goes 7. Existing Lot: Lot Area (Sq. Fp: 23011 Building Height: NIA Street Frontage: NIA Side Setbacks: NIA Front Setback: NIA Rear Setback: NIA Floor Area Ratite Lot Coverage: NA ',J`i SSvr ll S. Proposed Lot (if applicable): Lot Area (Sq. Ft): NIA Building Height: NIA Street Frontage: NIA Side Setbacks: NN/ADZ :£ lid S'I N(lf ZIOZ SSI j ju�1-'J3 JW.'101 BOARDOFAPPBAIS68"!ptl BUdDgJG688-95,15 CONSBRVATION688-9530 NBALTB688 l`&;.Yb-�3.* PIG688-9535 Front Setback: NIA Rear Setback: NIA Floor Area Ratio: NIA Lot Coverage: NIA 9. Required Lot (as required by Zoning Bylaw): Lot Area (Sq. Ft): WA Building Height: NIA Street Frontage: NIA Side Setbacks: N/A Front Setback: NIA Rear Setback: NIA Floor Area Ratio: NIA Lot Coverage: N/A 10. Existing Building (if applicable): Ground Floor (Sq. Ft.): Total Sq. Ft.: NIA If. Proposed Building: Ground Floor (Sq. FL): NIA Total Sq. FL NIA Use: NIA If of Floors: Height: N/A Type of Constmction: NIA # of Floods: WA Height: N/A Type of Construction: NIA 12. Has there been a previous application for a Special Permit from the Planning Board on these premises? yes gso, when and for what type of construction? Wheless cmnmunicadons 13. Section of Zoning Bylaw that Special Permit Is Being as ...... ...a 9.9 and 10.3 14. Petitioner and Landowner signature(s): Every application for a Special Permit shall be made on this form, which is use official form of the Planning Board. Every application shall he filed with the Town Clerk's once. It shall be the responablityof the pnitioner Is fitenisa ell supposing documrntetion wiN this application. The dated copy of this application received by the Town Clerk or Planning Office does not absolve the op,Iicent fiom this responability. The petitioner shall he responsible for all expenses for filing and legal notification. Failure to comply with application requirements, as cited herein and in the Planning Board Rules and Rcgulationo may result in a dismissal by the Planning Boned ofthis application as inromplete. Petitioners Signature: Print or type name hen: David Artlrembsuh as agent for Sprint Owner's Signature: See attached LOA Town of Nonh AndoverRowerCo Print or type name here: 15. Please list tide of plans and documents you will be attaching to this application. %ease see checklist induced with this application 11,17 NETWORK BUILDING & CONSULTING, LLC EXHIBIT 2 ry KTWORK BUILDING & CONSULTING, LLC May 18,2012 Town of North Andover 110 Main Street North Andover, MA 01845 RE: Application for Modifications to Communications Existing Site — ZBA Property: 723 Osgood Street Map 35 lot 23 (the "Property") Applicant: Sprint Spectrum, LP, by its contractor Network Building & Consulting and its agent David Archambault. (The "Applicant") Property Owner: Town of North Andover/ TowerCo Dear Honorable Board Members, Network Building & Consulting and its agent David Archambault, represents Sprint Spectrum, LP, in connection with an application for a Modification to existing Special Permit from the Town of North Andover Planning Board (the "Board") to replace its wireless communication facilities on an existing communications structure (the "Project"). The Applicant has a leasehold interest in the Property evidenced by a letter of authorization, a copy of which is included with this application. Pursuant to section 8.9 and 10.3 of the North Andover Zoning Bylaws, as more fully described herein (the "Bylaw"), the Project falls within the subject matter of, and is consistent with, the spirit, intent and purpose of the said Bylaw. The Project will consist of swapping three (3) existing wireless antennas with three (3) new upgraded antennas and replacing existing equipment and cables with new updated equipment and cables, updating the Telco runs and the installation of six (6) Remote Radio Head Units as attachments to existing antenna apparatus. This proposal is considered a capacity upgrade. The exact specifications and locations of equipment associated with the Project on the Property are more fully described on the plans included with the application and incorporated herein by reference (the "Plans"). The Property is located in an R-2 Zone. The Board is vested with the authority to grant the Special Permit sought herein by section 8.9 and 10.3 of the Bylaw. 5-5 ' NETW OFK BWLOING & CONSULTING, LLC I. Background The Applicant is licensed by the Federal Communications Commission to construct and operate a wireless telecommunications network in various markets throughout the country, including the Commonwealth of Massachusetts and in particular the Town of North Andover. The Applicant continues to explore and implement to the extent feasible, the latest technology to improve network coverage. Capacity upgrades serve to increase the capacity when surrounding area has reached its practical channel limits. As the years pass, the number or subscribers increases exponentially creating a strain on the existing network. In order to alleviate this strain, capacity upgrades are implemented into the systems network to accommodate the increase in customer demand and comply with E911 services. II. RF Coverage Determination The Applicant has performed a study of radio frequency coverage for the Town of North Andover and deemed the technology upgrade necessary to comply with coverage and capacity needs. 111. The Project As detailed on the Plans, The Project will consist of swapping three (3) existing wireless antennas with three (3) new upgraded antennas and replacing existing equipment and cables with new updated equipment and cables, updating the Telco runs and the installation of six (6) Remote Radio Head Units as attachments to existing antenna apparatus. This proposal is considered a capacity upgrade. The exact specifications and locations of equipment associated with the Project on the Property are more fully described on the plans included with the application and incorporated herein by reference (the "Plans"). Following installation, the Project will be unmanned and will require only monthly inspections by maintenance personnel to ensure that it remains in good working order. Th e only utilities required to operate the Project are standard 120 volt electrical power service. The Project will comply with all applicable local, state and federal safety codes. V. Conclusion Applicant respectfully requests the Board to determine that the Applicant has satisfied the requirements for the granting of the requested approval and to further determine that the proposed Project will not have an adverse effect on the surrounding neighborhood or the Town of North Andover. This conclusion is supported by the particular unique characteristics of the Property and the proposed Project's design and equipment location as detailed above and within the supporting documentation submitted herewith. The Property is an appropriate location for the installation and operation of the proposed Project and represents the least ip rusive means by which the Applicant can connect NENIOnK 9LlILOING & CONSULTING, LLC several sites in the network to create reliable service and coverage for the Town of North Andover and the surrounding area. For the foregoing reasons, the Applicant respectfully requests that the honorable Board members grant the requested approval and/or such other relief as the Board deems necessary to allow the Applicant to install and complete the proposed Project on the Property. Network Building & Consulting David Archambault Agent for Sprint Spectrum L.P 401-207-1088 darch@nbcllc.com 5-7 NETWORK BUILDING & CONSULTING. LLC EXHIBIT 3 5-6 REFERENCE COPY This is not an official FCC license. It is a record of public information contained in the FCC's licensing database on the date that this reference copy was generated. In caves when FCC roles require the presentation, posting, or display ofm FCC license, this document may not be used in place of an official FCC ficerue. Federal Communications Commission Wireless Telecommunications Bureau RADIO STATION AUTHORIZATION LICENSEE: WIRELESSCO, L.P. Call Sign File Number ATTN: ROBIN J. COHEN KNLF217 WIRELESSCO, L.P. Radio Service 12502 SUNRISE VALLEY DRIVE, M/S: VARESA0209 CW - PCS Broadband RESTON, VA 20196 FCC Registration Number (FRN): 0002316545 Grant Date Effective Date Expiration Date Print Date 05-23-2005 11-16-2010 06-23-2015 Market Number CM1aonel Block Sub -Market Designator MTAOOg Be 0 Market Name Boston-Providencc 1st Build -out Date 2nd Build -out Date 3rd Build -out Date 4th Boild-out Date 06 23-2000 06-23-2005 Waivers/Conditions: NONE Conditions: Pursuant to §309(h) of the Communications Act of 1934, as amended, 47 U.S.C. §309(h), this license is subject to the following conditions: This license shall not vest in the licensee any right to operate the station nm any right in the use of the frequencies designated in the license beyond the term thereof nor in any other counter than authorized herein. Neither the license nor the right granted thereunder shall be assigned or otherwise transferred in violation of the Communications Act of 1934, as amended. See 47 U.S.C. § 310(d). This license is subject in terms to the right of use or control conferred by §706 of the Communications Act of 1934, as amended. See 47 U.S.C. §606. r s license may not authorize operation throughout the entire geographic area or spectrum identified on the hardcopy version. view the specific geographic area and spectrum authorized by this license, re/rfrter to the Spectrum and Market Area information er the Market Tab of the license record in the Universal Licensing System (ULS). To view the license record, go to the ULS mepage at http://wireless.fcc.gov/uls/index.htmljob=home and select "License Search', Follow the instructions on how to rch for license information. Telel10a61:7 Page 1 of 1 April 2009 Reference Copy Only. Do Not Mail to the FCC as an Application. Submitted: 11/15/2010 at 12:31:48 File Number: 0004452844 FCC 601 FCC Application for Radio Service Authorization: Approved by OMB Main Form Wireless Telecommunications Bureau W60-0796 Authorization (STA), enter the code and aftech the required exhibit as described in the instructions. Otherwise Public Safety and Homeland Security Bureau Seemalmoaona for 11b) N I Is Is'Y', entothe number of cob sections Involved. - 31b) R this application is for Special Temporary Authority due to an emergency situation, enter Y`, otherwise enter'N'. public burden animate 1) Radio Service Code: ( )YeS ia) Existing Radio Service Code: File Number on file with the FCC. CW 5) If this application is for a Modification, Renewal Only, RerlewallModification, Cancellation of License, Duplicate Call Sign License, or Administrative Update, enter the call sign of Me existing FCC license. General Information 2) (Select only one) (AU ) NE - New RO- Renewal Only AU- Administrative Update NT- Required Nofifications MO - Modification RM - RenewaOModMcation WD - Withdrawal of Application EX - Requests for Extension of Time AM - Amendment CA- Cancellation of License DU- Duplicate License RL- Registered LocationRMk 3a) If Nis application is far a Developmental License, Demonstration License, or a Special Temporary ( N Q K 9 N/A Authorization (STA), enter the code and aftech the required exhibit as described in the instructions. Otherwise IN Zee enter'N' (Not Applicable). 11b) N I Is Is'Y', entothe number of cob sections Involved. - 31b) R this application is for Special Temporary Authority due to an emergency situation, enter Y`, otherwise enter'N'. ( ]]fee No Refer to Rule 1.915 for an explanstim of situations considered to be an emergency. ( )YeS 4) N this application re Ion an Amendment or Withdrawal, enter Ne file number of the pending application currently File Number on file with the FCC. 5) If this application is for a Modification, Renewal Only, RerlewallModification, Cancellation of License, Duplicate Call Sign License, or Administrative Update, enter the call sign of Me existing FCC license. If this is a request for Registered Location/Link, enter the FCC call sign assigned to Me geographic license. KNLF217 6) If this application is for a New, Amendment Renewal only, or RenewaUModificism, ader the requested! authorization expinbon date (this item is optional). MM DO ]) Is this application "mepl' as defined in §1.829 of Me Commission's Rules when reed in conjunction with Me ( )Yes No applicable radio service miss found in Pants 22 and 90 of the Commission's Rules? (NOTE: This question only apofies M certain site-specific avolicstio s. See the instructions for.mlirablllN and full textof 61.929). S) Are attachments (other Man associetetl schedules) being filed with this application? ( )Yes No Feu. Walven. and Exemaoom 9) Is Me Applicant exempt from FCC application fees? ( N )Yes No 10) IS the Applicant exempt from FCC regulatory fees? ( N Les No I Is) Does this application include a request for a Waiver of Me Commission's Fulels)? N'Yes', attach an exhibit providing rule number(s) and explaining dmumslances. IN Zee He 11b) N I Is Is'Y', entothe number of cob sections Involved. - Number of Rub Sedlona : 12) Are the frequenciesme of nmeten requested this filing covered by gnntltethered pnNbgeS, p sh lously approved by waiver, or Nndlonelly Integrated SAM an entering sMtlont ( )YeS No FCC 601 - Main Form September 2007 - Page 1 Applicant 13) FCC Re istration Number (FRN): 0002315505 14) Applican (Licensee Legal Entity Type: (Select One) ( ) Individual ( )Unincorporated Assoaatlon ( )Trust ( )Government Entity ( )Corporation ( )LMiteu Liability Company ( ) General Partnership ( ) LMfted Partnership ( 1 Limbed Liability Partnership ( ) Consortium Other: ( )man 15) If the Licensee name Is being updated, is fire update a man from Me sale (or transfer of control) of the license(s) ( &S No M another party and for which proper Commission approval has not been received or proper main tion not providerl? ( )Native Hawaiian or Other Pacific Islands, 16) First Name (if individual): MI: Lest Neme: Suffix: 17) Legal Entity Name (d other than individual): NORELESSCO, L.P. 18) Attention To: Robin J. Cohen 19) P.O. Box: And/Or 20) Street Address: 12502 Sunrise Valley Drive, M/S: VARESAD209 12502 Sunrise Valley Drive, M/S: VARESA0209 21) City: 22) State: 23) ZP Code: Reston VA 20196 24) Telephone Number. 25) FAX: (703)1334000 (703(/33.483 28) E -Mak Address: 27) Demographics (Optional Race: _ Ethnicity: Gender: ( )American Indian or Alaska Native ( )Hispanic or Latino ( M1ele ( )man ( Ptd Hispanic or Latino ( )Female ( IBlack or African-American ( )Native Hawaiian or Other Pacific Islands, White Contra Information (If different from the Applk:ard) I ) Check Mrs 0 same as Apdrewnt 30) Finn Name: MI: Leat Name: Suffix: 31) Company Name: Sprint Nextel Corporation 32) Anenibn To: Robin J. Cohen 33) P.O. Box: And 3415iraet Address: ror 12502 Sunrise Valley Drive, M/S: VARESAD209 35) City: 36) State. 3]) Zp Code: Raton VA 20196 38) Telephone Number: 30) FAX: (703)4334000 (703)133.1483 40)EJAell Addroee: - - FCC 801 M I F o an ro September 2007- Page 2 YM of Radio S.M. 42) Thia filing is for authorization b provide the following typists) of radio service (choose all that apply): ( )fixed ( )Mobile ( )Nadiolocation ( Qalellite(sound) ( )j3madcast Services 43) Does the Applicant propose b provide service interconnected to the public telephone network? ( )Yes No Alien Ownerahi Duestiona B any answer Is 'r. provide an attachment explaining the circumstances 44) Is the Applicant a foreign government or the representative of any foreign government? ( )Yea No 45) Is the Applicant an alien or Me representative of an alien? ( )Yes No 46) Is the Applicant a corporation organized under the laws of any foreign govemmerm? ( )Yea No 47) Is Me Applicant a corporation of which more than ane -fifth of the capital stock is owned of retard or voted by aliens or their ( A. No representatives or by a foreign government or representative thereof or by any corporation organized under the laws of e foreign country? 48s) Is the Applicant directly or indirectly controlled by any other corporation of which more Man one-fourth of the capital stock ( )Vas No is owned of record or voted by aliens, Meir representatives, or by a foreign government or representative thereof, or by any cpporation organized under Me laws of a foreign country? 481c) If the answer to 48a is'Y, has the Applicant received a ruling(s) under Section 31(1 of the Communications ( )Yes No Act with respect to his same radio service involved in this application? If the answer to 48b is 'Y, include in Me exhibit required by Item 48a the citatlon(s) of the applicable declaratory ruling(s) by DA/FCC number of the FCC Record citation, 0 available, release dela, and any other identifying information. S Me answer I. 48b is'N', attach to this filing a date-stamped copy of a request for a foreign ownership ruling pursuant M Section 310(b)(4) of the Communicatlone Act. It is not necessary to file a request for a foreign ownership ruling R the Applicant includes in Me exhibit required by Item 48a a showing that the requested licenses is exempt from the )'nslons of Section 310(b)(4). 49) Has Me Applicant or any perry to this application had any FCC station authorization, license or construction ( )Yes No permit revoked or had any application for an Initial, modification or renewal of FCC station authodzaWn, license, or construction fiminit denied by the Commission? 50) Has the Applicant or any party to this application, or any pally directly or indpredtly controlling Me Applicant, ( )Vers No ever been convicted of a felony by any slate or federal court? 51) Has any court finally adjudged the Applicant or any pant directly a indirectly controlling the Applicant guilty of unlawfully ( )Vas No mo iopolizirg or attempting unlawfully to monopolize radio communication, directly or Indirectly, through conWl of manufacture or sale of radio apparatus, exclusive traffic arrangement, or any other means m unfair methods of competition? located st the airport Broadband Radio SeMce and Educational Broadband Service Cable Crequa-Cwmandflix Me) WIN Me requested faclllifes he used to provide multichannel video pngremmMg eervke? ( )Yee No 53b) If the answer to question 53a is Y, does the Applicant operate, control or have an abMutable Interest ( )Yea No (es defined In Section 27.1202 of the Commission's Rules) in a cable television system whose firenchise area is located within the geographic service ane of the requested facilities? Note: N Me auwar to question 531, Is T, attach an exhibit explaining how Me Applicant complies with Section 27.1202 of Me Commission's Rules on justifying a waiver of Mat role. If a waiver of Me Commission Rules is being requested, Item 11a must be enswered'Y. Broadband Radio Sardine and Educational Broadband Said" art 27 54) (For EBS only) Does the Applicant comply with Me programming requirements contained in Section 27.1203 ( )yes No of the Commission's Rules? Nota: Vitus answer to Item 54Is'N', attach an exhibit explaining how Me Applicant complies wilh Section 27.1203 of Me Commission's Rules or Wallifyinstawswerofthiftsyle. Its waiver of the Commission Ruli is Wing requested, Item 11a must be answered'Y'. 55) (For BRS and EBS) Does the Applicant comply with Sectors 27.50, 27.55, and 27.1221 of the Commission's Rules? ( )Yes No Nob: Ifthe answer to Item 55Is'N', attach an exhibit justifying a waher of Met rul ts). N a waiver of the Commission Rules) is being requested, Item 11a must be answoed'Y. FCC 601 - Main Form September 2007- Pege3 Iii 1) The applicant waives any daim to the use of any pail frequency, or of Me eie momagnetic spectrum as against Me regulatory powar of Me United Stales Last Name: because of the pre mus use M Me some, shethr by license or otherMse, and requests an authgdzadon in aenrdanca MM this application. 2) The applicant cadifie, that grant M this sppllcatlon would amt cause gm applicant to M M vitiation of any Pennant oossoammhq or estimation rules' Cohen 'If the applicant has sough a waiver Many such rule M tgnnectim MM this epplicrus, 4 may make MIs ceraficabon subled m Me outcwne of the wdvr mission. 3) The apparent caories that all stationers made in thle application and M Me exhldLs, altachmenb, or documents Incorporated by reference are restated, are Part d Signature: this appilcabon, and are true, wmplete, erred, and made M good feat. 4) The appticam canines Mat neither the applicant nor any other party to the appiicaten a eueled to a denier M Federal benefits present W §5301 of Me Anti FAILURE TO SIGN THIS APPLICATION MAY RESULT IN DISMISSAL, OF THE APPLICATION AND FORFEITURE OF ANY FEES PAID. Abuse Act of 1988, 21 U.S.C. § BB2, because of a ramiMMe for possession or distribution of a conaofied substance. This profession does not apply m applications coveragemqulremenmwnlmnmintrminauen Merelicense. Commit appropriate FCC regulations as damnMne the caneaucgpn or coverage requirements Bad in services exempted! under §1.2002(c) of Me miss, 47 CFR § 1.2002(c). Sao §1.2002(b) M Me miss, 47 CFR § 1.2(o2(b), for the dellndlpn of'pady to Me WILLFUL FALSE STATEMENTS MADE ON THIS FORM OR ANY ATTACHMENTS ARE PUNISHABt BY FINE AND/OR IMPRISONMENT (U.S. Code, Title 18, application- as used In this cerWkation. 5) The applicant compaes Mal X either (1) has anent required ovnership data on file wMr Me Commission, (2) le 15" v,damd ownership data morsitemach .ly w i Mia application, or (3) ie not required to Be oMaership data under Me Commission'. Mi 6) The applicant certifies that Mebesides, timeshare, and Vermonters for xlalch this authorization he hreby requested are throw (1) categorically secured from routine arvioserammad evacuation for RF exposure az set fordo M 47 C F.R. 1.1301 or, (2) have been bind not W cause human exposure to lamas M mdbgequency radiation in excess M Me limits sperm M 47 C.F.R. 1.1310 and 2.1093; or, (3) am Me sumect More or mora Emimnmensal Assessments filed with Me Cammieaton. ]) The applicant certifies Met it has reviewed Me appropriate Commission Nes deflMng ellglbNy M hold the requested! ficanse(s), and s efig"s M hold Me m@rested e s. B The trent peddles idol it h had in Midland pre May payment for Corrmleaion ticansee and that Xis net delinquent on My pori debt eased M any faderel Signature 551 Tsoed or Printed Name of Parts Audiometer! to Each First Name:MI: Last Name: SUMk: Robin J Cohen 57) Tide: SINIIOTManager, Ru Affairs Signature: 56) -Date: Robin J Cohan 1111512010 FAILURE TO SIGN THIS APPLICATION MAY RESULT IN DISMISSAL, OF THE APPLICATION AND FORFEITURE OF ANY FEES PAID. Upon preM Merle license application, the literature may be subject to cartatn coneWCUoior coverage mqulmma FollumtomeMMecone Oonor coveragemqulremenmwnlmnmintrminauen Merelicense. Commit appropriate FCC regulations as damnMne the caneaucgpn or coverage requirements Mal apply m Me type of license requested In MIB applicagon. WILLFUL FALSE STATEMENTS MADE ON THIS FORM OR ANY ATTACHMENTS ARE PUNISHABt BY FINE AND/OR IMPRISONMENT (U.S. Code, Title 18, §10th) ANDIOR REMOCATION OF ANY STATION LICENSE OR CONSTRUCTION PERMR (U.S. Code, TIM 47, 1312(a)(1)), ANO/OR FORFEITURE (U.S. Coat, TMT 47 50a. FCC 601 — Main Form September 2007— Page NETWOfiK BUILDING & CONSULTING. LLC EXHIBIT 4 5-9 Mwu.sGw! ) 4iAgM f 1 Gwwwn ( ) deM1'N ! 1 Town of North Andover Abutters Lill ,nordsua.] uw irsis—+. ww.w.,. e e�e�w++n. sirs'.®..or.aro..,.«n..v e.sinsio ..nneeeessinaww,a..en.— sad...P,anr. MM P,or=r Al nMorAY 35 23 Town of North Mower 120 Win Strttt N. Mower, MR glass Abohm PrYWrrbe Ago Parz.N1f Moore 35 18 williM Chowiis 10180e9eM Serest Ionto Mpwm, M401M 35 20 Great Pond Crweing. LLC a65 T.Prl Strad WO Md., IM 01 Sm 35 2 l B Wild Pol LLC 1019 Cel Mr.red.vm M MCr, IM 01845 35 20 L]frz.B Greal Pond Crossing, i a65 Tumid Boreal We Mdow, MT all 35 NtrW3 B Or Pond Crossing, LLC am Tumgke Street WM Mdwer.W 0185 35 N_. B Great Pond Crossing l C 865 Toni St. No. MpTier, MP O'.a 35 20 W05.B B, Jude Resat. LLC ISol Osgood a.. Ni MdwOr.W 01845 ISN-.3 Peter Gwlln, Dead I"Cleared! Street NMh Mdwer. MA 01a05 35 200037B Greed Pend Craeing, LLC AM Turnpike Slrwt North Andover, dA 01MS 35 24 TO.md WM Mdwer Mr. INWn$Irhi Ndwer M4 o1SIS M 35 25 I—d WO Mdwer 1.WnMe. North Mdwer, M401645 35 26 Nggl6v Nvee MOrl a. Not Andover, W 01&15 35 29 Tim FWry, LLC ]Ridge hill Way Mdroor. 01a10 35 31 Twm d WM Mow. 1. W, Sire. Nonn Mdaver, lM 01845 Se C4 Town d WM Mdvnr 120 Mein Street North Ansol MP 01845 35 50 Osgood Pros eNea, LLC 865 Tumdke ant Cloth Mower, MA 01805 35 110 Toil of Nor Adrver 120Mdnbtre. North Mdwer. MA 01895 38 4 Geoni Codger 823coal shred North Mdwer, MA 01095 74 3 Chine Most. BWry Tru. 94aCpoodbtreet North Mtlwer. MA 0IMS ]4 4 Real Cunt] 595unry Drive North Andwee M901845 74 5 John Fend. 9806grco so— North Mdoso101 74 6,0001 lenders Fell Tru. .Cort Street Nonn Mdwm,W 01M 74 6W32 Dennis Bnnkwder 13 Old MCIem Pett Megnrih.' MR 01930 74 Ust Landers Bid, Condominium .Court a. Wnh Andover, M401845 14 6W31 tenders Fvdly Trust 40 Cnun St. Wnh Andoinr, IM 01846 TO ] More Wire Byers al Old. Mrs. Wr Mdwer. IM 01845 74 12 G.1 Ode 1]] Ch... St. No. Andover, MA 01845 T4 13 Anna Farad we Ol shoo, NMAndover. hAndover. MA It 74 15 6lm¢m Poll Trwl 946 Csgmd arm. Nonh Mdwer, W 01845 ]0 22 KIACIP. 159 Cherries* P. North Mower, IM 01615 74 23 "lots N CdomWs Srs a.-Street NMh MWaer, W 01845 74 n Dodd a., 87 Burr Brave NMt MbNer, M9 0181 74 . Gregg Gilliw ]5 Suety Ddve North Mdov., M5 01M 74 30 Mnando Vers a3 Surrry On- Not Mdwer, W 01M 7431 Soon Fdlanstee 79 U, gra. Wr Andel got Ills ]4 . James Ill 8]o Osgood Send Wr Mdwer, W 01845 ]4 53 MMeel Byan M° Csar:N 81r. W. Mtlwer, W 01845 ]0 50 Knigtls d Cdurrdus 505 SutIM St. Wr Mdw..W 01845 75 3 Greer Lawrenw assign, Chanes Stre. Wr Mdwer,W 01.5 91 1 Nonn Mdwer Xwsing Pdh0nry 310 Greene M. WO Ardsol W 01645 91 3 Mintr w.sh amOsg»Y Sore. Wr Mtlwer.W 01845 914 Palen PJeir 61405ga-d Sheet it Mdower,W 01045 91 5 Mary WMeds 826 CregcN St. North Mdwer. M 01845 91 6 dn"i gold" ]Nosh rid Street Neth Ante rMA 01&5 91 ] P.ntla Cur 861 Chickering Road Non, Mdw..W 01805 91 a Orl Caeaturn 30 Fw16 Tenors NMh Mdxr.,W 01845 91 14 Mna Gal ISC.gele Dine hol Mdwer, M 01845 F 15 J.. Burson 14 Colg.e OrFm Not Andover, W 01845 91 I9 Jphn Wi 25.ery Or- Ni Mdwer W 01.5 92 a Pr.cot Nursing Wme tot Seen Mine Sort Kennett squats, Pa 19.8 99 1 Douglss Daher .1 Chedtanne Bond Not Mdover, M glass 103 1 n6any Jesuden 676 OR. Stressh Mw Nonder, M 01.5 Igo 4 Stephan Adi 1. Pies. at. North Anoover, W 01.6 ICO 5 Towed W. MtlW. 1M WinSire. NorthAllM 01.5 Ido 8 Thomaz Rwhw.l as80sgong gond No. Mdwer, M 01.5 ICg ] Tronas hiPOfVv512 h doser,W 01.5 NMM 1C0 0 Al. Terro Bal Osgood Bons. NMh Mdwer. W 01.5 100 11 THIA,Jesuden 676 Cagode Sore. North Mori M 01.5 ..Is Peter a This certil that the names appearing on the records o , u:a Assessors Office as Of w—"� r, ill icl Ceriifed bC/rill —Date NETWORK BWIOING & CONSULTING, LLC EXHIBIT 5 5.10 a F x ..A ®4 g 6. �� b Y i � o 4v R �ae J E x EXISTING CONDITIONS r +� r t PHOTO LOCATION A 1 VIEW WEST DATE OF PHOTO: 05/02/12 SrrE NO: BS54XC860 Sprint' SITE TYPE: MONOPOLE DATE: SITE NAME STEVENS ESTATE P t - 05/11/12 DRAWN BY: DB SCALE: NTS ADDRESS: 723 OSGOOD STREET °w„",m«s NORTH ANDOVER, MA 01845 �%rm�l.. PROPOSED CONDITIONS PROPOSED PANEL ANTENNAS MOUNTED TO NEW PIPE MOUNTS (TYP. OF 1 PER SECTOR, TOTAL OF 3) INSIDE NEW 53'0x10'-0' FIBERGLASS CANISTER SITE NO: BS54XC860 SrrE NAME: STEVENS ESTATE ADDRESS: 723 OS00OD ST PHOTO LOCATION # 1 VIEW SOUTH DATE OF PHOTO: 05/02/12 Sprint' _ mraH..�uu NJ surtmo %NS m'IIDII.. SITE TYPE: MONOPOLE 5/11/12 F0, 2 DRAWN BY: DB SCALE: NTS EXISTING CONDITIONS i to PHOTO LOCATION # 2 VIEW SOUTHEAST FROM OSGOOD ST. DATE OF PHOTO 05/02/12 SrrE NO: BS54XC860 SITE TYPE: MONOPOLE DATE: SITE NAME: STEVENS ESTATE Sprint' . 05/11/12 ADDRESS 723 OSGOOD STREET .... .B ° DRAWN BY: DB SCALE: NTS NORTH ANDOVER, MA 01845 rm, imiiu.,zn PROPOSED CONDMONS PROPOSED PANEL ANTENNAS MOUNTED TO NEW PIPE MOUNTS (TYP. OF 1 PER SECTOR, TOTAL OF 3) INSIDE NEW 53"0x10'-0" FIBERGLASS CANISTER s 1 .a PHOTO LOCATION Y 2 VIEW SOIfMEAST FROM OSGOOD ST DATE OF PHOTO 05/02/12 SITE NO: BS54XC860 SITE TYPE: MONOPOLE DATE: SITE NAME: STEVENS ESTATE Sprint' - 05/11/12 ADDRESS 723 OSGOOD STREET "'N" "° DRAWN BY: DB SCALE: NTS µ NORTH ANDOVER, MA 01845 JE�i.�iJ.''223 NE1 ORK BUILDING & CONSULTING, LLC EXHIBIT 6 5_„ PrOI.rr-'*Data Sheet APXVSPP18-C Triple Hand Dual Polarized Antenna, 8041995, 65tleq, 1418dB1, I.Bm, VET, 0-1Odeg, O.Sm PJSG Cable �Pd •chNcP Tan antenna is an .dei tar dual tand site uogade !or high traffic areas It Nata rrc d pom in t No MHz and 7 > in 8' MHz. • Variable electricat dQWoLRt - provides enhanced pmasion in controling intercell imerference. The tilt is infield aAmLable 0-10 deg. • High wppmsion of all upper sidelobes (Typically .. 18 del •Issdependent comml of electrical downti t for 800 and PCS hands • Remote tilt - ABG compatible •cow profile for low ri mai impact •Ouids and easy to adluv -High pont-to-back ratio Eletu •rel 5f .f!au.u,s , 3r_nA.w. M•4 SOr SCS tm0.•.y3- tn'-•y' n mdm s cs rend -eomwdts. mo t t b s iirn,.r.,l0wra3t xe 0 •U Lim.GLd9dl ^]4' •54'•Gi -S 16_a 1n0aHm13oed9. 614`6' afE r.nn-raa>si Rneo. eisr: u177 21 Paan,., - %•1 od 4.- Rvwn._u.Ea ,A tdaam xtaasn 5r... d3 3w CNv MP B 3 v A] Jam, a . rnn a am.3 p Cmz Tav 0vv,nmmtvnplro, fF. 48 alL ai alG Grrc xvai 0mnvirivr •3(Pp; . GV. dR a9 S a�t5+ -1 NHe Svasn xv:a s.vnc Ww mm_ ` 9nJPdn.c.Obns 59 w Msar.3m Fwv ray. N w twfxr3n3 f eumm LLa¢ G-utl Cvmovvr r,rF Ca ] 1 fitl . d Mctiwn ¢al 5(ss-cn i..r,:ax�, Ornmac3e >b1VOmm'nl t3'j9.3W a•B ] a118a! Wedm_vio hhv sl3Mxvo sale• ?-g R ma Mvmal AS/ R»vmocda -nnrL R i rF3.Lerq 14neam Rla.aui p ry� sd � Oadenng hrwn,ai�ni Rx.Pntro a,r W40 ] c ti C3me 9.&, 'ngt x Pot u. van n walsnm1. nes 34 AFS The Clear Choice- AFXVSMn&C JIM P arbt RaaR: tL7MIl Rage Fwg ,r,. Product: 80OMHz RRH Product Description: This Remote Radio Head (RRH) supports the 800MHz spectrum with a Dual Transmit and Dual Receiver configuration supporting 2x50W of output power Features / Benefits: - Supports up to 4 carriers of CDMA in the 800MHz spectrum and is hardward ready for LTE MM40. Supports AISG External Notch Filter available to meet temporary in - band emissions requirements.. -48V DC may be powered from Alcatel -Lucent cabinet Supports Hybrillex fiber / power cable bundle Includes Smart Sias -T Technical Specifications: Alcatel -Lucent D Physical Dimensions WxD : 19.T' x 13" x 10.8" Weight: 53 pounds Output Power: 2X50W 100W Total Fr uenc Ran 862.275 — 869MHz Tx / 817.275 — 824 Rx Consumed Power 425W Instantaneous Bandwidth: 7 MHz Antenna Interface : 7/16 DIN Female Operating Temperature Range: -40C to +50C (with solar loading), +55C (without solar loading) Su orfs AISG 2.0 D Product: l900MHz RRH Alcatel -Lucent Product Description: This Remote Radio Head (RRH) supports the 1900MHz spectrum with a Quad Transmit and Quad Receiver configuration supporting 4x40W of output power in a dual head configuration Features / Benefits: - Supports up to 6 carriers of CDMA in the 1900MHz spectrum and is hardware ready for LTE MIMO (dual technology) - Supports up to 8 carriers of CDMA (single technology) - Supports AISG - 48V DC may be powered from Alcatel -Lucent cabinet Supports Hybriflex fiber / power cable bundle Technical Specifications: Physical Dimensions xWxD : 23" x 13" x 17" Weight: 44 pounds 88 pounds for solution ()utDut Power: 4x40W 160W Total Frequency Range: 1930-1995MHz Tx / 1850 - 1915 Rx Consumed Power(T)T)'680W Instantaneous Bandwidth: 25 MHz Rx Noise Figure: 3.OdB Antenna Interface : 7/16 DIN Female eratin Temperature Range: I -40C to +55C Su r[s AISG 2.0 N6 DRK BUILDING & CCNHULTINO. LLC EXHIBIT 7 5-I3 TOWERCO SITE NO: MA2010 NAME: Steve's Estate ADDRESS: 723 Osgood Street North Andover, MA 01845 Essex County LETTER OF AUTHORIZATION SPRINT NO: BS54XC860 NAME: North Andover I, TowerCo Assets LLC, owner of the above described property, authorize Sprint and/or their agent, to act as my non-exclusive agent for the sole purpose of consummating any land -use or building permit application(s) necessary to obtain approval of the applicable jurisdiction for AT&T installation of its antennae and related telecommunications equipment on the premises located on the above described property. I understand that this application may be denied, modified or approved with conditions, and that any such conditions of approval or modifications will be the sole responsibility of Sprint and will be complied with prior to issuance of a building permit. Y TowerCo X ��4 ". � �_ �� - P ' t e' egory . Csapo Posi ion: Ilocati Projec[ Manager Northeast NCTWORK 9WLDIN6 & CONSULTINO. LLC EXHIBIT 8 5-13 RF ENGINEERING AFFIDAVIT The undersigned hereby state the following in support of the application by Sprint(Nextel, hereafter referred to as Sprint/Nmwl, to instaWreplace equipment at approximately Nine hundred ninety six (96) feet above ground level (AGL) at the property located at 723 Osgood Street, North Andover, MA 01845 (hereinafter referred as the'Sile"). I. 1 am a Radio Frequency Engineer employed by Alcatel -Lucent representing Sprint/Nextel with an office located at l Robbins Road, Westford, MA 01886 2. My primary responsibilities include radio frequency design and planning in the State of Massachusetts, including 3. 1 have thoroughly reviewed the radio frequency engineering studies, reports and computer models prepared by Sprint/Nextel, with respect to the Site. 4. Sprint/Nexwl is licensed by the Federal Communications Commission (herein after "FCC') to provide wireless communication services by building a network of communication sites. 5. In order to build out its network and meet customer demand for Wireless Services, Sprint/Nextel most have in place a system of wireless sites to serve portable wireless communication data devices. 6. To maintain effective, reliable and uninterrupted service, there must be a continuous series of sites located within close proximity to each other so as to overlap in a system comparable to a honeycomb pattem. If there is no site available no accept/receive the signal, network service to the mobile service will terminate involuntarily. Accordingly, the overlap of coverage is necessary for the signal in transfer from one site to another site seamlessly and without involuntary termination. 7. A number of factors determine the distance between cell sites, including, but not limited to, topography, physical obstructions, foliage, antenna height and line -of -sight. 8. Based on the radio frequency studies, reports and computer models prepared in connection with this project, it is my professional assertion that without the proposed site there would be inadequate network service for Sprint/Nexwl customers due to a coverage gap. 9. The proposed wireless communications site and equipment shall be in compliance with the FCC Guidelines for Evaluating the Environmental Effects of Radio Frequency Radiation. It is the responsibility of Sprint/Nextel to crake sure that it will be in service and in compliance with FCC guidelines. 10. The proposed wireless communications equipment %ill be installed, erected, maintained and used 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 public Health. H. The IF emission from these proposed antennas would not exceed the State and Federal standards, when combined with all other existing facilities on the site and also that new antennas would not `interfere" with the other existing wireless structures from other carriers at the site location. 12. Based upon the best radio frequency technology available at this time, it is my professional opinion that the proposed site is at the minimum height that is needed in ensure adequate service to area residents and businesses. Ryan Monte de"kamos RF ENGINEER, Alcatel -Lucent May 29, 2012 RF ENGINEER, Alcatel -Lucent for Sprint/Nextel Radio Frequency — Electromagnetic Energy (RF-EME) Compliance Report Prepared for: Sprint Nextel c/o Alcatel -Lucent 600-700 Mountain Avenue Room 6A-744 Murray Hill, NJ 07974 Site No. BS54XC860 Steven's Estate 723 Osgood Street North Andover, Massachusetts 01845 Essex County 42.707933; -71.114175 NAD83 Site Type: monopole EBI Project No. 62121482 May 28, 2012 EBI C 0 N S U I- T I N C: Creating Value for Your Business U+ EBI 21 B Sweet 4 Budington, MA 01803 ♦ 1.800.786.2346 1 RF-EME Compliance Report Site No. BS54XC860 EBI Project No. 62121482 723 Osgood Street, North Andover, Massachusetts EXECUTIVE SUMMARY Purpose of Report EnviroBusiness Inc. (dba EBI Consulting) has been contracted by Sprint Nextel to conduct radio frequency electromagnetic (RF-EME) modeling for Sprint Site BS54XC860 located at 723 Osgood Street in North Andover, Massachusetts to determine RF-EME exposure levels from existing and proposed Sprint wireless communications equipment at this site. As described in greater detail in Section 11.0 of this report, the Federal Communications Commission (FCC) has developed Maximum Permissible Exposure (MPE) Limits for general public exposures and occupational exposures. This report summarizes the results of RF-EME modeling in relation to relevant FCC RF-EME compliance standards for limiting human exposure to RF-EME fields. This report contains a detailed summary of the RF EME analysis for the site. This document addresses the compliance of Sprint's proposed transmitting facilities independently and in relation to all collocated facilities at the site. IIEBI 21 B Street 4 Burlington, MA 01803.1.800.786.2346 RF-EME Compliance Report Site No. B554XCO60 EBI Project No. 62121482 723 Osgood Street, North Andover, Massachusetts 1.0 LOCATION OF ALL EXISTING ANTENNAS AND FACILITIES AND EXISTING RF LEVELS This project involves the removal of three (3) existing antennas replaced with three (3) proposed Sprint wireless telecommunication antennas on a monopole located at 723 Osgood Street in North Andover, Massachusetts. There are three Sectors (A, B, and C) proposed to be replaced at the site, with one (I) antenna that may be re-installed per sector. Based on drawings and aerial photography review AT&T and T-Mobile also have wireless antennas on the monopole. These antennas were included in the modeling analysis. 2.0 LOCATION OR ALL APPROVED (BUT NOT INSTALLED) ANTENNAS AND FACILITIES AND EXPECTED RF LEVELS FROM THE APPROVED FACILITIES There are no antennas or facilities that are approved and not installed based on information provided to EBI and Sprint at the time of this report. 3.0 NUMBER AND TYPES OF WTS WITHIN 100 FEET OF THE PROPOSED SITE AND ESTIMATES OF CUMULATIVE EMR EMISSIONS AT THE PROPOSED SITE With the exception of the antennas mentioned in Section 1.0, there are no other Wireless Telecommunication Service (WTS) sites observed within 100 feet of the proposed site. 4.0 LOCATION AND NUMBER OF THE SPRINT ANTENNAS AND BACK-UP FACILITIES PER BUILDING AND NUMBER AND LOCATION OF OTHER TELECOMMUNICATION FACILITIES ON THE PROPERTY Sprint proposes the removal of three (3) existing antennas replaced with three (3) proposed Sprint wireless telecommunication antennas on a monopole located at 723 Osgood Street in North Andover, Massachusetts. There are three Sectors (A, B, and C) proposed to be replaced at the site, with one (1) antenna that may be re-installed per sector. In each sector, there is proposed to be one antenna transmitting in the 800 MHz and the 1900 MHz frequency ranges. The Sector A antenna will be oriented 60° from true north. The Sector B antennas will be oriented 210° from true north. The Sector C antennas will be oriented 305° from time north. The bottoms of the antennas will be 93.5 feet the ground. Based on drawings and aerial photography review AT&T and T-Mobile also have wireless antennas on the monopole. These antennas were included in the modeling analysis. 5.0 POWER RATING FOR ALL EXISTING AND PROPOSED BACKUP EQUIPMENT SUBJECT TO THE APPLICATION The operating power for modeling purposes was assumed to be 20 Watts per transmitter for the 800 MHz antenna and there will be one (1) transmitter operating at this frequency. Additionally, for modeling purposes it was assumed to be 20 Warts per transmitter and six (6) transmitters operating at the 1900 MHz. 6.0 TOTAL NUMBER OF WATTS PER INSTALLATION AND THE TOTAL NUMBER OF WATTS FOR ALL INSTALLATIONS ON THE BUILDING The e0ealve radiated power (ERP) for the 800 MHz transmitter combined on site is 1,095 Watts. The ERP for the 1900 MHz tmnsmitten combined on site is 7,897 Watts. The ERPs for other carriers on site was not provided. RF-EME Compliance Report Site No. BS54XC860 EBI Project No. 62121482 723 Osgood Street, North Andover, Massachusetts 7.0 PREFERRED METHOD OF ATTACHMENT OF PROPOSED ANTENNA WITH PLOT OR ROOF PLAN INCLUDING: DIRECTIONALITY OF ANTENNAS, HEIGHT OF ANTENNAS ABOVE NEAREST WALKING SURFACE, DISCUSS NEARBY INHABITED BUILDINGS Based on the information provided to EBI, the information indicates that the proposed antennas are to be Stealth mounted inside the monopole, operating in the directions, frequencies, and heights mentioned in section 4.0 above. The surrounding area is dense wooded land. 8.0 ESTIMATED AMBIENT RADIO FREQUENCY FIELDS FOR THE PROPOSED SITE Based on worst-case prechaive modeling, there are no predicted areas on any accessible ground -level walking/working surface related to the proposed Sprint antennas that exceed the FCC's occupational or general public exposure limits at this site. At the nearest walking/working surfaces to the proposed Sprint antennas, the maximum power density is 1.70 percent of the FCC's general public limit (0.34 percent of the FCC's occupational limit). The composite exposure level from all other carriers existing on this site combined with Sprint's proposed antennas is 3.20 percent of the FCC's general public limit (0.64 percent of the FCC's occupational limit) at the nearest walking/working surface to each antenna. The inputs used in the modeling are summarized in the RoofViewOa export file presented in Appendix B. There are no modeled areas on the ground that exceed the FCC's limits for general public or occupational exposure in front of the other carrier antennas. 9.0 SIGNAGE AT THE FACILITY IDENTIFYING ALL WTS EQUIPMENT AND SAFETY PRECAUTIONS FOR PEOPLE NEARING THE EQUIPMENT AS MAY BE REQUIRED BY THE APPLICABLE FCC ADOPTED STANDARDS (DISCUSS SIGNAGE FOR THOSE WHO SPEAK LANGUAGES OTHER THAN ENGLISH) Signs are the primary means for control of access to areas where RF exposure levels may potentially exceed the MPE. It is recommended that additional signage be installed for the new antennas making people aware of the antennas locations. There are no fields in front of the proposed antennas and therefore barriers are not recommended. Additionally, there are areas where workers elevated above the ground may be exposed to power densities greater than the general population and occupational limits. Workers and the general public should be informed about the presence and locations of antennas and their associated fields. Additionally, access to this site is accomplished via a gate in the fence surrounding the monopole. Access to this site is restricted as such the general public is not able to access the antennas. 10.0 STATEMENT ON WHO PRODUCED THIS REPORT AND QUALIFICATIONS Please see the certifications attached in Appendix A below. 11.0 FEDERAL COMMUNICATIONS COMMISSION (FCC) REQUIREMENTS The FCC has established Maximum Permissible Exposure (MPE) limits for human exposure to Radiofrequency Electromagnetic (RF-EME) energy fields, based on exposure limits recommended by the National Council on Radiation Protection and Measurements (NCRP) and, over a wide range of frequencies, the exposure limits developed by the Institute of Electrical and Electronics Engineers, Inc. (IEEE) and adopted by the American National Standards Institute (ANSI) to replace the 1982 ANSI guidelines. Limier for localized absorption are based on recommendations of both ANSf/IEEE and NCRP. "EBT 21 B Street 4 Burlington, MA 01803 4 1.800.786.2346 RF-EME Compliance Report Site No. BS54XCO60 EBI Project No. 62121482 723 Osgood Sweet, North Andover, Massachusetts The FCC guidelines incorporate two separate tiers of exposure limits that are based upon occupational/controlled exposure limits (for workers) and general public/uncontrolled exposure limits for members of the general public. Occupationallcentrolled exposure limbs apply to situations in which persons are exposed as a consequence of their employment and in which those persons who are exposed have been made fully aware of the potential for exposure and can exercise control over their exposure. Occupational) controlled exposure limits also apply where exposure is of a transient nature as a result of incidental passage through a location where exposure levels may be above general public/uncontrolled limits (see below), as long as the exposed person has been made fully aware of the potential for exposure and can exercise control over his or her exposure by leaving the area or by some other appropriate means. General publicluncontrolled exposure limits apply to situations in which the general public may be exposed or in which persons who are exposed as a consequence of their employment may not be made fully aware of the potential for exposure or cannot exercise control over their exposure. Therefore, members of the general public would always be considered under this category when exposure is not employment-related, for example, in the case of a telecommunications tower that exposes persons in a nearby residential area. Table I and Figure I (below), which are included within the FCC's OET Bulletin 65, summarize the MPE limits for RF emissions. These limits are designed to provide a substantial margin of safety. They vary by frequency to take Into account the different types of equipment that may be in operation at a particular facility and are "time -averaged" limits to reflect different durations resulting from controlled and uncontrolled exposures. The FCC's MPEs are measured in terms of power (mW) over a unit surface area (cm2). Known as the power density, the FCC has established an occupational MPE of 5 milliwarts per square centimeter (mWlcm2) and an uncontrolled MPE of 1 mW/cm2 for equipment operating in the 1900 MHz frequency range. For the Sprint equipment operating at 800 MHz, the FCC's occupational MPE is 2.66 mW/cm2 and an uncontrolled MPE of 0.53mW/cm2. These limits are considered protective of these populations. Table I: Limits for Maximum Permissible Exposure (MPE) (A) Limits for Occupational/Controlled Exposure Frequency Range (MHz) Electric Field Strength (E) (VIM) Magnetic Field Strength (H) (Alm) Power Domity (S) (mW/cm2) Averaging Time 2 2 Dn2 LH) . or s (minutes) 0.3-3.0 614 1.63 (100)* 6 3.0-30 18421f 4.891( (900 * 6 30-300 61.4 0.163 1.0 6 300-1,500 f/300 6 1,500-100,000 — 5 6 (B) Limits for General Public/Uncontrolled Exposure Frequency Range (MHz) Electric Field Strength (E) (Vim) Magnetic Field Strength (H) (Alm) Power Density (S) (mWlcm) Averaging Time IE32 M. or S (minutes) 0.3.1.34 614 1.63 (100)* 30 1.34.30 824M 2.191( (180 * 30 30-300 27.5 0.073 0.2 30 300-1,500 1/1,500 30 WMEBI 21 B Street 4 Burlington, MA 01803 4 1.800.786.2346 RF-EME Compliance Report EBI Project No. 62121482 Site No. BS54XC860 723 Osgood Street, North Andover, Massachusetts Table I: Limits for Maximum Permissible Exposure (MPE) (A) Limits for Occupational/Controlled Exposure Frequency Range (MHz) Electric Field Strength (E) (VIM)A/m Magnetic Field Strength (H) Power Density (S) (mW/cmc Averaging Time [E]a [H]', or S (minutes 1,500-100,000 Cellular Telephone 870 MHz 1.0 30 f = Frequency in (MHz) • Plane -wave equivalent power density Fjaum l FCC LImIM W Mexlmum P nnlsib4 Expos n (MPE) Plane -wove Fgwvalmr Pourer EWWly F �GonaWFw,ladt'N/rconewLe E,p,us LS IM E D 10 a a Frequency (MHz) Based on the above, the most restrictive thresholds for exposures of unlimited duration to RF energy for several personal wireless services are summarized below: Personal Wireless Service Approximate Frequency Occupational MPE Public MPE personal Communication (PCS) 1,950 MHz 5.00 mW/cm I.00 mW/cm Cellular Telephone 870 MHz 2.90 mW/cm O.Sg mW/cm Specialized Mobile Radio 855 MHz 2.85 mW/cm07 .5mW/cm Most Restrictive Freq, Range 30-300 MHz 10 .0mW/cm 0.20 mW/cm MPE limits are designed to provide a substantial margin of safety. These limits apply for continuous exposures and are intended to provide a prudent margin of safety for all persons, regardless of age, gender, size, or health. Personal Communication (PCS) facilities used by Sprint in this area operate within a frequency range of 800-1900 MHz. Facilities typically consist o1: 1) electronic transceivers (the radios or cabinets) connected to wired telephone lines; and 2) antennas that send the wireless signals created by the transceivers to be received by individual subscriber units (PCS telephones). Transceivers are typically connected to antennas by coaxial cables. Because of the short wavelength of PCS services, the antennas require line -of -site paths for good propagation, and are typically installed above ground level. Antennas are constructed to concentrate energy towards the horizon, with as little energy as possible scattered towards the ground or the sky. This design, combined with the low power of PCS facilities, generally results in no possibility for "EBI 21 B Street 4 Burlington, MA 01803 t 1.800.786.2346 RF-EME Compliance Report Site No. BS54XC860 EBI Project No. 62121482 723 Osgood Street, North Andover, Massachusetts exposure to approach Maximum Permissible Exposure (MPE) levels, with the exception of areas directly in front of the amennas. Statement of Compliance A site is considered out of compliance with FCC regulations if there are areas that exceed the FCC exposure limits and there are no RF hazard mitigation measures in place. Any carrier which has an installation that contributes more than 5% of the applicable MPE must participate in mitigating these RF hazards. 12.0 LIMITATIONS This report was prepared for the use of Sprint Nextel. It was performed in accordance with generally accepted practices of other consultants undertaking similar studies at the same time and in the same locale under like circumstances. The conclusions provided by EBI are based solely on the information provided by the client. The observations in this report are valid on the date of the investigation. Any additional information that becomes available concerning the site should be provided to EBI so that our conclusions may be revised and modified, if necessary. This report has been prepared in accordance with Standard Conditions for Engagement and authorized proposal, both of which are integral parts of this report. No other warranty, expressed or implied, is made 13.0 SUMMARY AND CONCLUSIONS EBI has prepared this Radiofrequency Emissions Compliance Report for the proposed Sprint telecommunications equipment at the site located at 723 Osgood Street in North Andover, Massachusetts. EBI has conducted theoretical modeling to estimate the worst-case power density from Sprint antennas and the other carriers' existing antennas to document potential MPE levels at this location and ensure that site control measures are adequate to meet FCC and OSHA requirements. As presented in the preceding sections, based on worst-case predictive modeling, there are no modeled exposures on any accessible ground -level walking/working surface related to proposed equipment in the area that exceed the FCC's occupational and general public exposure limits at this site. As such, the proposed Sprint project is in compliance with FCC rules and regulations. Signage is recommended at the site as presented in Section 9.0. Posting of the signage brings the site into compliance with FCC rules and regulations. 1 21 B Street 4 Burlington, MA 01803 4 1.600.766.2346 RF-EME Compliance Report Site No. BSS4XC860 EBI Project No. 62121482 723 Osgood Street, North Andover, Massachusetts Appendix A Certifications UEB 21 9 Street 4 Burlington, MA 01803 0 1.800.786.2346 RF-EME Compliance Report Site No. BS54XC860 EBI Project No. 62121482 723 Osgood Street, North Andover, Massachusetts Preparer Certification I, Ryan McManus, state that • I am an employee of EnviroBusiness Inc. (d/b/a EBI Consulting), which provides RF-EME safety and compliance services to the wireless communications industry. • I have successfully completed RF-EME safety training, and 1 am aware of the potential hazards from RF-EME and would be classified "occupational' under the FCC regulations. • I am familiar with the FCC rules and regulations as well as OSHA regulations both in general and as they apply to RF-EME exposure. • I have reviewed the dam provided by the client and incorporated it into this Site Compliance Report such that the information contained in this report is true and accurate to the best of my knowledge. 14ur0 Iw"1uW4--D ."EBI 21 B Street ♦ Burlington, MA 01803 + 1.800.786.2346 RF-EME Compliance Report Site No. BS54XCO60 EBI Project No. 62121482 723 Osgood Street, North Andover, Massachusetts Appendix B Roofview® Export File "EBI 21 B Street • Burlington, MA 01803.1:5786.2346 'MAgA !!,!,!!, !! B&S5Q/2 rl......,,,... |\ ! NCTWORK BUILDING & CONSULTING, LLC EXHIBIT 9 NG WORK SIUILOING 6 CONSULTING. LLC EXHIBIT 10 (SEE DRAWINGS SUBMITTED SEPARATELY) Special Pntnit Rcnewal & Modification 723 Osgood St=t, AT&T Town of North Andover r Office of the Planning Department 2011 SEP 23 All E: 42 Community Development and Services Division ��;�• •�"r ,K„ c 1600 Osgood Street S U - North Andover, Massachusetts 01845 VIAS S^, X;ac;i1 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: September 20, 2011 Date of Hearings: September 6, 2011, September 20, 2011 Date of Decision: September 20, 2011 Application of: New Cingular Wireless PCS, LLC ("AT&T") Premises Affected: 723 Osgood Street (Stevens Estate) Map 35 Parcel 23 Referring to the above petition for a renewal and modification of a Wireless Special Permit, in accordance with the requirements of the North Andover Zoning Bylaw, Sections 8.9 Wireless Service Facilities and Section 2.65 Special Permit Granting Authority, in order to renew said Special Permit and to allow for installation on its Wireless Services Facility three (3) Long Term Evolution (LTE) antennas as replacements for three (3) existing GSM antennas. The petition also includes removal and installation of related and ancillary cabling and equipment. So as to allow the renewal of a Special Permit to continue operation of 3 wireless service antennas with associated coaxial cabling and other related equipment on an existing wireless service tower located at 723 Osgood Street (a/Wa Stevens Estate) and a 10 ft. X 20 ft. equipment shelter for ancillary equipment. The applicant is also asking for a Modification of the Special Permit to replace three (3) GSM antennas with three (3) LTE antennas and related equipment at the same location. The Special Permit was originally granted by the North Andover Planning Board on November 14, 2001, renewed October 4, 2007, and most recently renewed on September 7, 2010. This petition seeks the modification of the Special Permit to accomplish the antenna swap as above -noted and for the Special Permit to extend for a three (3) year period. Upon a motion by R. Glover and a 2nd by T. Seibert, the Planning Board hereby APPROVES the renewal and modification of a Wireless Special Permit, including the replacement of three existing antennas with three LTE antennas and related equipment on an existing structure by a vote of 5 in favor and 0 against. On ehalf of the North Andover Planning Board John Simons, Chairman Timothy Seibert Michael Colantomi Richard Rowen Rickey Glover Special Pc mit Rm m] & Modiamtion 723 Osgood Sucel, AT&T The Planning Board herein approves the renewal and modification of the Special Permit to continue operation of the Wireless Facility, which consists of 3 antennas on an existing wireless service tower located at 723 Osgood Street. (a/k/a Stevens Estate) and a 10 & X 20 ft. equipment shelter for ancillary equipment and replace three (3) GSM antennas with three (3) LTE (Long Tern Evolution) antennas, plus ancillary equipment at the same location. The renewal of the Special Permit was requested by Susan Roberts, Esq., Agent for New Cingular Wireless PCS, LLC ("AT&T'). This applications and additional documentation as cited herein were filed with the Planning Board on August 12, 2011, with subsequent submittals on file. The applicant submitted a complete application which was noticed and reviewed in accordance with Sections 8.3, 10.3, and 10.3.1 of the Town of North Andover Zoning Bylaw and MGL c.40A, Sec. 9. The Planning Board finds that the applicant has met the following requirements as required by the North Andover Zoning Bylaw Section 8.9: FINDINGS OF FACT: 1. The renewal and modification application meets the filing requirements of the Wireless Service Facilities By-law Section 8.9.12. The applicant has demonstrated that the existing wireless facility, with the addition of the LTE antennas is in compliance with FCC regulations regarding Maximum Permissible Exposure (MPE) limits, as indicated by the report provided by the applicant dated June 7, 2011 authored by SAI Communications. The conclusion stated in the reports is that the applicant's Wireless Facility installation contributes a maximum RF exposure of less than four -tenths of one percent of the current State and Federal permissible exposure guidelines. The Telecommunications Act of 1996 prohibits this Board from taking health effects of RF transmissions into account beyond FCC requirements. 2. The town's consultant has reviewed the RF Reports and has found that the applicant has shown a clear gap in LTE coverage without the activation of the proposed LTE antennas. He notes that AT&T seeks to deploy the LTE spectrum to enable advanced broadband capability at data speeds competitive with cable/wireline services. He also concludes that the location and distance of neighboring sites rule out their use to cover this LTE coverage gap. 3. The applicant has also demonstrated that the site is in compliance with the Noise Standards as set forth in section 8.9.8(6). 4. The applicant has provided a structural report, dated August 2, 2011 and authored by Vertical Solutions, Inc., that demonstrates that the existing structure does have the capacity for installation of the three new LTE antennas. Special Permit RMCM] & Modification 723 Osgood Street, AT&T 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 with exception 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) Discontinuance Abandonment a) At such time that a licensed carrier plans to abandon or discontinue operation of wireless service equipment, such carrier will notify the Town by certified US mail of the proposed date of abandonment or discontinuation of operations. Such notice shall be given no less than 30 days prior to abandonment or discontinuation of operations. In the event that a licensed carrier fails to give such notice, the wireless service equipment shall be considered abandoned upon discontinuation of operations. b) Upon abandonment or discontinuation of use, the carrier shall physically remove the wireless service equipment placed on the site by the carrier within 90 days from the date of abandonment or discontinuation of use. "Physically remove" shall include, but not be limited to: i) Removal of antennas, mount, equipment shelters and security barriers installed by the carrier (unless the same will continue to be used by the owner) from the subject property. ii) Proper disposal of the waste materials generated by the carver 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. 2) Waivers: The installation will be constructed according to the Plans, with the following waivers granted by the Town of North Andover Planning Board, according to the provisions of the Town of North Zoning Bylaw. These waivers are hereby granted in consideration of the installation as a pre-existent installation and a co -location: Section 8.9.5.d Application Filing Requirements, ii) Location Filing Requirements sections (3), (4), and (5), iii) Siting Filing Requirements sections (3), (4), (9), (10), and (12), iv) Sight lines and photographs as described below: sections (1), (2), (3), (4), (4a), (4b),(4c), (4d), and (4e), v) Design Filing Requirements sections (4), (6), Special Pennit Renewal & Modification 723 Osgood Stmd, AT&T and (7). 3) Upgrades: Pursuant to Section 8.9.7 of the Town of North Andover Bylaws, any upgrades to the equipment to be installed on the tower would require a new structural report to be submitted to the Planning Board for review. 4) Annual Certification: a) Annual certification demonstrating continuing compliance with the standards of the Federal Communications Commission, Federal Aviation Administration and the American National Standards Institute shall be filed with the SPGA by the Special Permit holder. 5) Term of Special Permit: a) Pursuant to Section 8.9.12.a of the Town of North Andover Zoning Bylaw, 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 and modification. The special permit may be renewed under the same criteria as the original special permit, as modified herein, 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) Pursuant to Section 8.9.8.a of the Town of North Andover Zoning Bylaw, the applicant shall submit to the SPGA at annual intervals from the date of the decision for the Special Permit renewal, preexistent and current RFE measurements. Such measurements shall be signed and certified by an RF engineer, stating that RFE 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) RFE Filing Requirements of this Bylaw. The measurements shall be submitted for both the applicant and all co -locators. If the applicant fails to comply with this requirement, the Special Permit will be revoked, until such time that the installation is brought into compliance with FCC Guidelines. c) Pursuant to Section 8.9.8.b of the Town of North Andover Zoning Bylaw, the applicant shall submit to the SPGA at annual intervals from the date of decision of the Special Permit renewal, preexistent and current measurements of acoustic noise from the wireless service facility. Such measurements shall be certified and signed by an acoustical engineer, stating that noise measurements are accurate and meet the Noise Standards sub -section 8.9.(5)(d)(vi) of this 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. Special N.i( Renewal & Modiflmi. 723 0s9m Street, AT&T 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. 6) Prior to the endorsement of the plans by the Planning Board, the applicant must comply with the following conditions: a) A bond in the amount of five thousand dollars ($5,000) shall be posted for the purpose of insuring that the applicant will file with the Planning Staff a final as -built plan showing the location of all on-site structures. The bond is also in place to insure that the site is constructed in accordance with the approved plan. This bond shall be in the form of a check made out to the Town of North Andover. This check will then be deposited into an interest bearing bond account. b) The applicant shall provide the necessary certification as required in the above sections 3a. 7) Prior to the start of construction: a) A construction schedule shall be submitted to the Planning Staff for the purpose of tracking the construction and informing the public of anticipated activities on the site. S) Prior to FORM U verification (Building Permit Issuance): a) The final site plan mylars must be endorsed and three (3) copies of the signed plans must be delivered to the Planning Department. b) A certified copy of the recorded decision must be submitted to the Planning Department. 9) Prior to the final release of security: a) A final as -built plan showing final construction and location of the wireless hardware shall be submitted to and reviewed by the Planning Stafff, 10) In an effort to reduce noise levels, the applicant shall keep in optimum working order, through regular maintenance, any and all equipment that shall emanate sounds from the structures or site. Special � Renewal & Modification 723 Osgood ood SStreet, AT&T 11) 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. 12) The following information shall be deemed part of the decision: a) Application Titled: Request for Modification of Special Permit New Cingular Wireless PCS, LLC ("AT&T") c/o Susan M. Roberts, Esq. Anderson & Kreiger LLP One Canal Park Suite 200 Cambridge, MA 02141 Prepared for: New Cingular Wireless PCS, LLC ("AT&T") b) Documentation Submitted: 1 Town of North Andover Planning Board Application for Special Permit - Modification; 2 Site Plans for Proposed Modification of Facility, prepared by Atlantis Group, dated May 31, 2011, including Sheet T-1, GN -1, A-1, A-2, A-3, and G-1; 3 Report of Radio Frequency Engineer Kevin Breuer, dated June 2, 2011 with coverage maps; 4 Photographs of 2011 Existing Facility and Photo simulations of Proposed Facility; 5 FCC Licenses Applicable to Facility; 6 LTE Antenna and Related Equipment Specifications; 7 Maximum Permissible Exposure Study, prepared by SAI Communications, dated June 7, 2011; 8 Table of Compliance with Town of North Andover Wireless Services Facilities Bylaw, Section 8.9; 9 Acoustic Noise Study for Facility, prepared by Noise Control Engineering, Inc., dated June 20,2011, including modification by the addition of antennas as shown in proposed Site Plans; Special Permit Renewal & Modiftoetim 723 Osgood SqW, AT&T 10 Letter of Authorization from TowerCo Assets LLC 1 I Table of Requested Waivers; 12 Certified Abutters' List; and 13 Insurance Certificate; 14 Structural Analysis dated, August 2, 2011, Prepared by Vertical Solutions, Inc.; 15 Review Report, dated September 5, 2011, Prepared by Mark F. Hutchins. Cc: Applicant Abutters ANDERSON &KREIGER LLP 2011 AUG 12 Pll 3: 29 Susae M. R068RS5 BORTI'i !� nobenaietodcomki MASSI'V'T Direct phone: 617 621-6522 Direct far: 617-621-6622 August 12, 2011 Joyce A. Bradshaw, John Simons, Chairman Town Clerk Planning Board Town of North Andover Town of North Andover Municipal Building 1600 Osgood Street 120 Main Street North Andover, Massachusetts 01845 RE: Applicant: New Cingular Wireless PCS, LLC ("AT&T") Site: Stevens Estate, 723 Osgood Street (Map 35, Lot 23); Residential 1 ("Site") Land Owner: Town of North Andover Subject: Request for Modification of Special Permit under Bylaw § 8.9(7) to Swap Three (3) Long Term Evolution (LTE) Antennas for Existing Antennas. (All relief if and to the extent necessary, all rights reserved) Dear Mr. Simons and Members of the Board, and Ms. Bradshaw: Pursuant to Section 8.9(7) of the North Andover Zoning Bylaw, New Cingular Wireless PCS, LLC, by and through its manager, AT&T Mobility Corporation ("AT&T'), supplements its application for a Special Permit — Modification ("Application") filed on July 15, 2011. AT&T seeks to modify its existing Special Permit for operation of its wireless communication facility ("Facility"), last renewed on September 7, 2010, by substituting three (3) long term evolution (LTE) antennas (and related equipment) for the existing three (3) GSM and UMTS antennas (and related equipment) inside a canister on the flagpole -style structure at the existing Facility. The Facility is located within the Stevens Estate, at 723 Osgood Street in North Andover. This Facility was first permitted by the Planning Board on November 14, 2001, renewed on October 4, 2007, and most recently renewed on September 7, 2010. AT&T's Application seeks the modification of the Special Permit to accomplish the antenna swap as above -noted and for the Special Permit to extend for a three (3) year period. 1A0135MI1 One Canal Park, Suite 200 • Cambridge MA 02141 • 617-621-6500 • Fax: 617-621-6501 pry wa.,nv�wwe� Planning Board Town of North Andover August 12, 2011 Page 2 I. ENCLOSED DOCUMENTS AT&T previously submitted to the Planning Board the application fee of $1,000,00. Enclosed are three (3) copies of the following documents: Town of North Andover Planning Board Application for Special Permit -- Modification [previously submitted on 7/15/11]; 2. Site Plans for Proposed Modification of Facility, prepared by Atlantis Group, dated May 31, 2011; SHEET TITLE • E T-1 Title Sheet11 GN -1 General Notes11 a A-1 Plans and Details11Antenna La out and/11A-3 E of mentDetails/11G-1 Groundin One-Li/11 3. Report of Radio Frequency Engineer Kevin Breuer, dated June 2, 2011 with coverage maps; 4. Photographs of 2011 Existing Facility and Photosimulations of Proposed Facility; 5. FCC Licenses Applicable to Facility; 6. LTE Antenna and Related Equipment Specifications; 7. Maximum Permissible Exposure Study, prepared by SAI Communications, dated June 7, 2011; 8. Table of Compliance with Town of North Andover Wireless Service Facilities Bylaw, Section 8.9; 9. Acoustic Noise Study for Facility, prepared by Noise Control Engineering, Inc., dated June 20, 2011, including modification by the addition of antennas as shown in proposed Site Plans; 10. Letter of Authorization from TowerCo Assets LLC; 11. Table of Requested Waivers; �.wussw.� ANDERSON &YMGERLLP pnmm+o�«wamva= Planning Board Town of North Andover August 12,2011 Page 3 12. Certified Abutters' List; and 13. Insurance certificate. AT&T reserves the right to supplement this application at or before the public hearing scheduled for September 6, 201 L II. EXISTING FACILITY AND PROPOSED MODIFICATION The existing Facility consists of a 100 ft. flagpole -style structure inside a canister on which the three (3) existing GSM and UMTS antennas and associated cabling and equipment are situated at a height of 88 ft. above ground level. (See, Site Plans, Exhibit 2). The flagpole is located within a compound area containing AT&T's equipment shelter and stands on a 153 acre forested parcel known as the Stevens Estate at 723 Osgood Street, owned by the Town of North Andover.' (See, Photographs and Photosimulations, Exhibit 4). In this Application, AT&T now seeks to swap three (3) new LTE antennas (one per each of the three (3) sectors), fiber and coaxial cable, and associated equipment and appurtenances for the existing three (3) GSM and UMTS antennas and associated cabling and equipment. (See, Site Plans, Exhibit 2). The Facility will continue to be connected to standard electric and telephone utilities existing at the Facility. In order to accommodate the somewhat larger -sized LTE antennas, AT&T proposes that the 20 inch -diameter existing canister housing AT&T's GSM and UMTS be replaced with a larger canister measuring 28 inches in diameter.2 The proposed modification will enable AT&T to add a new wireless broadband technology designed to support mobile Internet access via mobile phones and handheld devices. The modified Facility will allow AT&T's existing and future customers to connect to the Internet at significantly greater speeds with considerably improved navigability; thereby providing enhanced wireless services in the geographic area served by the existing Facility for the businesses, in -vehicle travelers, and residents of the area. See also, Report of Radio Frequency Engineer Kevin Breuer, Exhibit 3. As shown on the Site Plans, Exhibit 2, the specific modifications to the existing Facility are as follows: ' A second carrier (Sprint) also operates antennas within the flagpole's interior and has an equipment shelter in the compound area. Previously, AT&T and Sprint together have sought and received Special Permit renewals. ' The Site Plans, Exhibit 2, indicate that the diameter of the existing canister is 26". However, subsequent to the Site Plans' generation, AT&T teamed that this figure is incorrect. AT&T will change the Site Plans to indicate in its final plans to be submitted to the Planning Board prior to obtaining the building permit the correct diameter of 20". ' See, AT&T website 8-8-11: httu,//www ' eless attcom//Ieam/why/technology/4e-1w.im. tnoussm' I ANDERSON&KREIGER. Planning Board Town of North Andover August 12, 2011 Page 4 • One (1) LTE Antenna per sector (x 3 sectors) to be located inside the flagpole canister • Twin TMAs (x 3 sectors) to be located inside the flagpole canister • One (1) surge arrestor attached to the equipment shelter wall (x 3 sectors) • One GPS antenna attached to the equipment shelter • Raycap DCX48-60-0-RM equipment cabinet • Associated fiber trunk and DC cables in flex conduits • Additional LTE -related radio and other telecommunications equipment to be located in AT&T's existing equipment shelter at the Facility. III. AT&T'S NETWORK AT&T is the premier wireless company in the United States, with more than 95 million subscribers who use the nation's fastest 3G and expanding 4G networks. AT&T is dedicated to providing customers with wireless technology designed to enrich their lives. AT&T continually raises its performance to meet and exceed customer expectations. AT&T is licensed by the Federal Communications Commission to provide wireless phone service across the country and throughout Massachusetts, including the Town of North Andover and surrounding communities. Wireless coverage for voice and data is provided by placement of a number of low power antenna sites within a given area. In order to build out its LTE network and meet customer demand, AT&T must have in place a system of low power "cell sites" to serve portable wireless communication handsets and devices. The sites are spaced so that the coverage from each location overlaps with its neighboring sites. When a connection is established on a certain site, the wireless device monitors the signal from the serving site, as well as the signal of all of the adjacent sites. When the wireless device receives a stronger signal from an adjacent site, it requests a transfer from the site it is currently using to the stronger site. If there is seamless coverage provided by the carrier, the connection will transfer without interruption. If there is a lack of appropriate signal strength at the transfer point, the quality of the connection will degrade and possibly drop. IV. FEDERAL TELECOMMUNICATIONS ACT AT&T's application is governed by the provisions of the Federal Telecommunications Act of 1996, which the United States Supreme Court has explained as follows: Congress enacted the Telecommunications Act of 1996 (TCA) ... to promote competition and higher quality in American telecommunications services and to "encourage the rapid deployment of new telecommunications technologies." ... One of the means by which it sought to accomplish these goals was reduction of the impediments imposed by local governments upon the installation of facilities for wireless communications, such as antenna towers. To this end, the TCA amended the Communications Act of 1934, ... to include § 332(c)(7), which imposes specific limitations on the traditional authority of (noueew.� i ANDERSON &KREIGERLLP Planning Board Town of North Andover August 12, 2011 Page 5 state and local governments to regulate the location, construction, and modification of such facilities, ... 47 U.S.C. § 332(c)(7). Under this provision, local governments may not "unreasonably discriminate among providers of functionally equivalent services," § 332(c)(7)(11)(i)(1), take actions that "prohibit or have the effect of prohibiting the provision of personal wireless services," § 332(c)(7)(B)(i)(I1), or limit the placement of wireless facilities "on the basis of the environmental effects of radio frequency emissions," § 332(c)(7)(B)(iv). They must act on requests for authorization to locate wireless facilities "within a reasonable period of time," § 332(c)(7)(B)(ii), and each decision denying such a request must "be in writing and supported by substantial evidence contained in a written record," § 332(c)(7)(B)(iii). City of Rancho Palos Verdes, Cal. v. Abrams, 544 U.S. 113, 115-116, 125 S.Ct. 1453, 1455 - 1456 (2005) (internal citations omitted). The TCA was intended to provide for a pro -competitive, de -regulatory national policy framework designed to accelerate rapidly private sector deployment of advanced telecommunications and information technologies to all Americans. The proposed Facility will help bring advanced and improved wireless telecommunication and information technologies to North Andover. V. COMPLIANCE WITH THE TnWN nR NnDT13 Ai rhn« 1O �1,ii,m• ...,.. As outlined in the attached Table of Compliance (Exhibit 8), the proposed Facility complies with all applicable provisions of the Town of North Andover Wireless Service Facilities Bylaw. V. CONCLUSION AT&T respectfully requests that the Planning Board grant its request for modification of its Special Permit to allow AT&T to substitute three (3) LTE antennas within the flagpole structure's interior, and any other zoning relief required for the proposed modification. If we can provide any further information regarding this application, please let us know. SihV/ __. Susan M. Roberts �AOUSSNJ � ANDERSON KREIGERu.P 0 P,- , ,,. P.r.. Planning Board Town of North Andover August 12, 2011 Page 6 Enclosures cc: Judith M. Tymon, AICP, Town of North Andover (by email) Taylor Whiteside (by email) Kristen Smith (by email) Card Preble (by email) Jim Albiani (by email) Stephen D. Anderson, Esq. (by email) (MOSR0.1� ANDERSON KREGERue �-�"iln�ltil Town of North Andover PlanniWB' krill Application for SDecialPermit mn.iifi,.e«i..,. Please type or print dearly. C'i Afi56,C'r°� -.1. 1. Petbioner:New Cingular Wireless PCS, LLC('AT&T") do Susan M. Roberts, Esq. Petitioner's Address:Anderson & Kreiger, LLP, One Canal Park Ste 206 Cambridge MA 09141 Telephone number:617.621-6500 2. Owners of the Lend:Facfllty Owner: TowerCOAssels LLC Address:5000 Valleystone Dr, Ste. 200, Cary, NC 27519 Number ofyears of ownership:10+(n.b. land is owned by Town. See Noss&Bbeibw) 3. Year lot was created: Pre-eldsi lot 4. Description of Proposed Project_ AT&T seeks modification of its Special Permit, flp�t recon ly rpnewad on QlVin tn`,elliv• fc,i t^ll ti a wireless CeryiC , Facility of thro til T, ma- Ft 1 Ii ) MUMS aS repl2eo11tC fnr for - 191 jexteting f'CM antpnngs prop sed Proiect also will inclnda r ual. �nAinert-ll-H f +-t nrl ancillary cabling and equipment. S. Description of Premises: Stavang Fstals Pronarly mdaUna 154 -acre To -owned fruna telecommunications tower, with numerous antennas, enclosed ad !!'d tatgftced— compound conumning anc Ipme 6. Address of Property Being Affected 723 Osgood St., Stevens Estate, North Andover Zoning District: Residential Assessors: Map: Lot# Registry of Deeds: Book Pepe#: - 7. Exts0ng Lot Lot Area (Sq. Ft) 153 acres Street Frontage: Yes Front Seebeck: �— Floor Area Ratio: ramie 6. Proposed Lot inapplicable): Lot Area (Sq. Ft) Street Frontage: ` Front Setback: Floor Area Ratio; 9. Required Lot (as required by Zoning Bylaw): Lot Area (Sq. FQ Street Frontage: . Building Height Na Side Setbacks: -ne Rear Setback:nF&— Lot Coverage: n— a — Building Height Side Setbacks: Rear $gback: Lat Caverage-. Building Height Side Setbacks: J 14. Petitioner and Landowneralgo.turep): --- Every application fare Special Pemribthall be made on this form which Isthe official femmbfthe Planning Board. Every application shall be Bled with the Town Clerk's once. itahallbethe responsibility ofthe petitioner to furnish all supporting docummnatlon with this applioatlon. The doled copy ofthis application received by the Town Clerk or Planning Office does nut absolve tbe applicant fmmthis responsibility. The petitioner shall be responsible for all expenses for filing and legal notification. Failumlocomplywilhappliwtimmquimments, as cited herein and in the Planning Brad Rules and Regulations may result In a dismissal by die Planning B card oftsls application as incomplete.fkA,,r�—'�,t / { Petitioner's Slgoature:_ Printer type name here: Entree M. Roberts, Esq., e(brneyherapplicant AT&T N/A TowsrCo Asserts LLC 15. Please list title otpinns and documents you will be attaching to this applies,,... Please see letter with list of documents submitted with application. Fmot Selbaek; Rear Setbeek: Floor Area Bello: It Coverage: 10. Existing Building (if . .,. Cromrd Floon(Sq,A4). .#b(Rloorr: Tonal Sq, Ft. Heigh t:Use: Type of Conslr.etloa it. Proposed BuBdings Cround Floor (Sq. 1rl.) gofPloom: Total Sq. Ft Height: Use: TypoofConstrucllon 12. Has them sero a previous Statical" for a Spaial Peeler S.m the Planning Board on he, Promises? vee Ifso,wheneadfoywlwltypeofcons ellonl Onp/7110,Boam granted AT&rs Mated to career pedal pe.nll to Mende a Wireless Communleenon FaclNry at the alb, 13. Section of Zoning Bylow that Special Pelmllt is Being Requested radians 9.9 eik 19,3 14. Petitioner and Landowneralgo.turep): --- Every application fare Special Pemribthall be made on this form which Isthe official femmbfthe Planning Board. Every application shall be Bled with the Town Clerk's once. itahallbethe responsibility ofthe petitioner to furnish all supporting docummnatlon with this applioatlon. The doled copy ofthis application received by the Town Clerk or Planning Office does nut absolve tbe applicant fmmthis responsibility. The petitioner shall be responsible for all expenses for filing and legal notification. Failumlocomplywilhappliwtimmquimments, as cited herein and in the Planning Brad Rules and Regulations may result In a dismissal by die Planning B card oftsls application as incomplete.fkA,,r�—'�,t / { Petitioner's Slgoature:_ Printer type name here: Entree M. Roberts, Esq., e(brneyherapplicant AT&T N/A TowsrCo Asserts LLC 15. Please list title otpinns and documents you will be attaching to this applies,,... Please see letter with list of documents submitted with application. REPORT OF RADIO FREQUENCY ENGINEER The undersigned hereby slates the following in support of the application by New Cingular Wireless PCS, LLC by and through its manager AT&T Mobility Corporation, ("AT&T") to install panel antennas at an antenna center line height of 82' and 68' above ground level (AGL) and add fiber cable, electronic equipment and other appurtenances (the "Facility"), all as shown on the plans submitted with the application, at the property located at 5 Boston Street, North Andover, Massachusetts (hereinatterthe "Site"). I. I am a Radio Frequency Engineer employed by AT&T, with an office located at 550 Cochituate Road, Framingham, Massachusetts. 2. My primary responsibilities include radio frequency design and planning in the Commonwealth of Massachusetts, including such areas as the Town of North Andover and surrounding communities, 3. I have thoroughly reviewed the radio frequency engineering studies, reports and computer models prepared by AT&T with respect to the Site. 4. As enabled tinder its Federal Communications Commission ('TCC") License, AT&T seeks to design its wireless network to provide reliable and adequate wireless services to its customers, whether those customers are on the street, in a vehicle, or in a building, Providing reliable and adequate service to its customers in each context is critical for AT&T 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 communications capacity be developed to serve the entire nation. 5. AT&T is designing a new network to provide high speed data services commonly referred to as "long term evolution" ("LTE"). LTE operates in the 700 and 2100 MHz frequencies under license firm the FCC. 6. AT&T uses its 700 MHz frequency to provide a coverage footprint because the 700 MHz frequency generally covers a greater geographic area than the footprint provided by higher frequencies. Additionally, AT&T uses its 2100 MHz frequency to add capacity in support of the network as the 2100 MHz frequency generally covers a smaller geographic arca than that provided by the 700 MHz frequency. 7. Currently, LTE is designed as a high speed data services network and is separate and apart from AT&T's existing voice and data networks. Additionally, LTE is not integrated into AT&T's existing network or antenna facilities. 8. AT&T is using its best efforts, to the maximum extent possible, to install the enhanced data services through its LTE network utilizing existing AT&T sites and facilities to avoid the need to construct new tower sites and antenna facilities. 9. AT&T is not currently providing LTE services in the Town of North Andover and therefore is not providing adequate high-speed data coverage to keep with the ever-increasing demand. 10. In order to build out its LTE network and meet customer demand, AT&T must have in place a system of low power'cell sites' to serve portable wireless communication handsets and devices. A typical cell site, such as the one proposed, consists of antennas mounted to a building, tower, church or other structure. The antennas are connected to radio operating equipment housed at or near the structure. 1 I. To maintain elfcetive, reliable and uninterrupted service, there must be a continuous series of cell sites located within close proximity to each other so as to overlap in a system comparable to a honeycomb pattern. If there is no cell site available to accept/receive the signal, network service to the mobile device, data service will terminate involuntarily. Accordingly, the overlap of coverage is necessary for the signal to transfer from one cell site to another cell site seamlessly and without involuntary termination. 12. A number of factors determine the distance between cell sites, including, but not limited to, topography, physical obstructions, foliage, antenna height, operating frequency and line -of -sight. 13, Based on the radio frequency studies, reports and computer models prepared in connection with this project, it is my professional assertion that there would be inadequate LTE network service for AT&T customers due to a coverage gap within the Town of North Andover in the area encompassing Route 114, Route 125, Boston Sheet, and the surrounding nearby roads. 14. Based on the radio frequency studies, reports and computer models prepared in connection with this project, it is my further professional opinion that AT&T would be able to alleviate this significant gap in coverage by locating its LTE antennas at an approximate height of 82' and 68' feet AGL on the above referenced property as proposed. 15. The Facility will enhance AT&T's ability to provide adequate high-speed data coverage in the area and will increase its capacity to better some the residents and businesses in the area around the Site in North Andover and to individuals traveling through these areas. 16. The Facility will be installed, erected, maintained and used in compliance with all applicable Federal, State and local regulations, including, but not limited to: the radio frequency emissions regulations set forth in the federal Telecommunications Act of 1996 and applicable regulations administered by the FCC. 17. The Facility will comply with the FCC Guidelines for Evaluating the Environmental Effects of Radio Frequency Radiation. 18. Based upon the best radio frequency technology available at this time, it is my professional opinion that the Facility is at the minimum height that is needed to ensure adequate service to area residents and businesses within the geographic area described above. lam.-Tjt--- Kevin Brauer RF ENGINEER, AT&T June 2, 2011 bUU 3� � T /' r r 'Qj��•_,y Ya P _ C999'Zb 2 \\} _ » � !� � � m©\�-q/ \}{ � /®gE�s \�� ��7777\ 2 �;E � !- � \3;e !} !§/r�—; « J. �� $ ) I � � �/ . I_ �` � « kM [E !�� i \ / \� �¥%\ §� / } .� � � .1 �@°� ;@� r$ . ���}� �) � `�: (\ §§ % § \ � \}| �#�/k � /f j\7 � � k §� �( �� � g k |§| t 1 ' r-,:. � 1..11} ♦ �d I t�. Vi I N � oe `J Vi I mid ry9 < O a'J O S p O O 6 O i§ S 9 Vl O /1� O \Y ^ n EA u y 3 4� � a � e A mnn S 3 n e 3 1 47 1 1 11 C 6 4j � Q O �3d °a° < = ry^ e � ^ �' o Eg ,� �aD o m ?g w < �� � c ���� , yy� el '+� �', t ro � I� g � �.i e C �� I m � op �y P ? � lJ VJ O tlf 3 � 7 1S 3 Qi G•ia' � M 1 w �] 11 � OQ � ( V. S ��� I� p L/� M� ..... � � � /� Y 4 i r V� .. � i "� � mnn wam p' a �v a 6 � Q °pe �� � E \ ..- Di 00 n _ _. _: I"F n [' B n e REFERENCE COPY This is nm an official FCC license. It is a record ofpublic information contained in the FCC's licensing database an the date that this reference copy was generated. In cases where FCC rales require the presentation, posting, or display ofan FCC license, this document may not be used in place of an official FC se. Federal Communications Commission Wireless Telecommunications Bureau RADIO STATION AUTHORIZATION LICENSEE: ITY SPECTRUM LLC :�e ATTN: FCC GR AT&T MOBILITY S TRAM 5601 LEGACY DRIVE, NfM- PLANO, TX 75024 FCC Registration Number (FRN): 0014980726 Call Sig" File Number WQJU427 Radio Service WY - 700 MHz Lower Band (Blocks A, B, E) Grant Date Effective Date Expiration Date Print Date 01-06-2009 03-16-2010 06-13-2019 Market Number Channel Block Sub -Market Designator CMA006 B 0 Market Name Boston-l,owell-Brockton-Lawrenc 1st Build -out Date 2"d Buildout Dale 3r;Build-out Date 41h Build -out Date 06-13-2013 06-13-2019 Waivers/Conditions: Ifihe facilities authorized herein are used to provide broadcast operatio they exclusively or in combination with other services, the licensee most seek renewal ofthe license either within eighs rom the commencement ofthe broadcast service or within the term ofthe license had the broadcast service not been provided, whit r period is shorter in length. See 47 CPR §27.13(6). Pursuant to §309(h) of the Communications Act of 1934, as amended, 47 U.S.C. §309(h),is subject to the following conditions: This license shall not vest in the licensee any right to operate the station r any right in the use of the frequencies designated in the license beyond the term thereof nor in any other manner than authorized herein. Neither the license nor the right granted thereunder shall be assigned or otherwise transferred in violation ofthe Communications Act of 1934, as amended. See 47 U.S.C. § 310(d). This license is subject in terms to the right of use or control conferred by §706 of the Communications Act of 1934, as amended. See 47 U.S.C.§606. This license may not authorize operation throughout the entire geographic area or spectrum identified on the hardcopy version. To view the specific geographic area and spectrum authorized by this license, refer to the Spectrum and.pgarket Area informs io under the Market Tab ofthe license record in the Universal Licensing System (ULS). To view the license record, go to the ULS homepage at http://wimless.fcc.gov/uls/ind".htm?job=home and select "License Search". Follow the instructions on how to search for license information. NCr WI -Mn Page 1 of 1 April 2009 REFERENCE COPY This is rat an official FCC license. It is a record ofpublic information contained in the FCC's licensing database on the date that this reference copy was generated. In cases where FCC rules require the presentation, posting, or display of an FCC license, this document may route used in place of an official FC `elle Federal Communications Commission Wireless Telecommunications Bureau v s RADIO STATION AUTHORIZATION LICENSEE: ITY II LLC ATTN: FCC GROUP AT&T MOBILITY II MW 5601 LEGACY DRIVE, PLANO, TX 75024 FCC Registration Number (FRN): 001690;233 Call Sign File Number WPWU950 Radio Service WZ - 700 MHz Lower Band (Blocks C, D) Grant Date Effective Date Expiration Date Print Date 01-24-2003 03-16-2010 06-13-2019 Market Number Channel Block Sub -Market Designator CMA006 C 0 Market Name Boston-Lowell-Brockton-Lawrenc tat Build -out Date 2nd Buildout Date 3rd Build -out Date 4th Build -out Date 06-73-2019 Waivers/Conditions: � a�§ If the facilities authorized herein are used to provide broadcast operatinh h exclusively or in combination with other services, the licensee must seek renewal ofthe license either within eigh s m the commencement ofthe broadcast service or within the term ofthe license had the broadcast service not been provided, whit r period is shorter in length. See 47 CFR §27.13(b). ,..... ,...... Operation ofthe facilities authorized herein, are subject to the condition that harmful interference _ y not be caused us but must be accepted from UHF TV transmitters in Canada and Mexico as identified in existing and any future agreements with those countries. Conditions: Pursuant to §309(h) ofthe Communications Act of 1934, as amended, 47 U.S.C. §309(h), this license is subject to the following conditions: This license shall not vest in the licensee any right to operate the station nor any right in the use ofthe frequencies designated in the license beyond the term thereof nor in any other manner than authorized herein. Neither the license nor the right granted thereunder shall be assigned or otherwise transferred in violation of the Communications Act of 1934, as amended. See 47 U.S.C. § 310(d). This license is subject in terms to the right of use or control conferred by §706 of the Communications Act of 1934, as amended. See 47 U.S.C. §606. This license may not authorize operation throughout the entire geographic area or spectrum identified on the hardcopy version. To view the specific geographic area and spectrum authorized by this license, refer to the Specimen and Market Area information under the Market Tab ofthe license record in the Universal Licensing System (ULS). To view the license record, go to the ULS homepage at http://wireless.fm.gov/uls/index.him?job=home and select "License Search". Follow the instructions on how in search for license information. FCC 601 -MB Page I of I April 2009 REFERENCE COPY This is not an official FCC license. It is a record of public information contained in the FCC's licensing database on the date that this reference copy was generated. In cases where FCC rules require the presentation, posting, or display of an FCC license, this document may not be used in place ofan official FC se. Federal Communications Commission 3 Wireless Telecommunications Bureau RADIO STATION AUTHORIZATION LICENSEE: 1W ITY SPECTRUM LLC AT&T FCC GROUP AT&T MOBILITY S 5601 LEGACY DRIVE, PLANO, TX 75024 FCC Registrution Number (FRN):00 Call Sign File Number WQGA763 Radio Service AW - AWS, 1710-1755/2110-2155 MHz bands Grant Date Effect Expiration Date Print Date 11-29-2006 03- 11-29-2021 Market Number_� el Block Sub -Market Designator BEA003 1 0 tat Buildout Date I 2nd Build -out Date W 31Buildout Date I 4th Build -out Date Waivers/Conditions: This authorization is conditioned upon the licensee, prior to initiating 01.any base or fixed station, making reasonable efforts to coordinate frequency usage with known co-channellIlLaNjissent channel incumbent federal users operating in the 1710-1755 MHz band whose facilities could be affected by the proposed ions. See, e.g., FCC and NTIA Coordination Procedures in the 1710-1755 MHz Band, Public Notice, FCC 06-50, W o. 02-353, rel. April 20, 2006. Grant of the request to update licensee name is conditioned on it not reflecting an men[ or sfer of control (see Rule 1.946); if an assignment or transfer occurred without proper notification or FCC ap a grant is void and the station is licensed under the prior time. Conditions: Pursuant to §309(h) of the Communications Act of 1934, as amended, 47 U.S.C. §309(h), this license is subject to the following conditions: This license shall not vest in the licensee any right to operate the station nor any right in the use of the frequencies designated in the license beyond the term thereof nor in any other manner than authorized herein. Neither the license nor the right granted thereunder shall be assigned or otherwise transferred in violation of the C ommunicmions Act of 1934, as amended. See 47 U.S.C. § 310(d). This license is subject in terms to the right of use or control conferred by §706 of the Communications Act of 1934, as amended. See 47 U.S.C. §606. This license may not authorize operation throughout the entire geographic area or spectrum identified on the hardcopy version. To view the specific geographic area and spectrum authorized by this license, refer to the Spectrum andMgrket Area infuriation coder the Market Tab ofthe license record in the Universal Licensing System ILLS). To view the license record, go to the ULS homepage a http://wimiess.fee.gov/uts/index.htm?job=home and select "License Search". Follow the instructions on how to search for license information. FCC 601 -MB Page 1 of2 April 2009 Licensee Name: AT&T MOBILITY SPECTRUM LLC Call Sign: WQGA763 File Number: Print Date: AWS operations must not cause harmful interference across the Canadian or Mexican Border. The authority granted herein is subject to future international agreements with Canada or Mexico, as applicable. Commission approval of this applation and the licenses contained therein are subject to the conditions set forth in the Memorandum Opinion and Order;topted on December 29, 2006 and released on March 26, 2007, and revised in the Order on Reconsideration, adopt and releascd on March 26, 2007. See AT&T Inc. and BellSouth Corporation Application for Transfer of Control, WC Docket 0.06-74. Memorandum Opinion and Order, FCC 06-189 Inc). Mar. 26, 2007); AT&T Inc. and BellSouth Corporation, WC 4DWogp6-74, Order on Reconsideration, FCC 07-44 (rel. Mar. 26, 2007). FCC 601 -MB Page 2 of 2 April 2009 RUTH R E N" SCALA DIVISION X-palarized (445° and -45°). UV resistant fiberglass redomes. Wideband vector dipole IachmlogY. DC Grounded metallic parts for impulse suppression. RET motor housed Inside the radome and flald replaceable. General soeclfica9ons 800 10766 700 MHz Dual Band 8', 65 Degree Antenna RET Fre0rarpa MHz Impetictancranca W82BsMMN1]10-11lO SOohme VSWR e1.5:1 Intermoduklion(WOM tWx- cIft Meliorator, ♦W erad-45' Connector 4. 715 DIN court. Q.,rleldg Ia Aadon internists. 311 dO N inumvster 45 d5 SedreLams bdo7dxgdwmetbn. 698-894 MHz �O♦��t1I�.� �`�iii��I� � r oO�I1��aAAirr oJ�i�l�11"��w 1710-2170 MHz oivii 'ITtnprolopol MlMbpkalbbtlatyunpemileaeeammAl90 LI b30PWAISG EA eM vke rero wiNa veMw Vere. mmnund Snnv aceralon.I.1 RWafi010149m o ble4an METsyalemauggMg AIS 1.Im Wppardng SSpGdIVIe56 20 eller Wirun[y a lzyar 2 Mat aebmeWfeaeeeagqnn Lllli W�rtbnaloAS1314'Enbr'AISO letrar'rmma m 7EelN'3GP penes LSGPP IONSG 6L Enler'r n cane bb L e, W1 deterrent deterrent IneWle.. ID' antl ym�b rm a leye l 2 reset or a powee rexL p11e1 m5kPins 1a a pmkad ir, MMtlnb Ikn nn Oe<nkm]Inlo 1pe'ImNNef610'Ikb. aTMt'OMnbglalqueblAunO maroon yMnen'twe5-letenuFm1bWj5kned7. flu mnne<krelkwdlreugalened try lure dnM 1.. 11225-C Feb T2, 2011 Kemrualnc.,8ce1a ONtaion NIIOMce5ox4500 MadbM,01397501(USN Phone:(541)77ed500 EnerNoommunkMbne0leeaMncom Intemm;w.Xilhrelinsceiaoun AISG Me IEQ Far: (5p1) 779 sell SCALA DIVISION 800 10766 700 MHz Dual Band 8', 65 Degree Antenna RET Mounting Brackets for use with 2 -point mount antennas Mast Ala.2 s inches (50-115 mm) We1ght: 4.4 b (2 ko) Mechanical Tilt Brackets for use with 2 -paint mount antennas Welght: 13Its (AS Ali) (hbds165010007) Order intervention Model Description .Dolm. \\ // 0°o0-Oelctdclwn 80010760 K w Inmm 1]10.EIN Maleldherio81ill bracket owgbrackeAM NS 0 l e41' I (24 rinse ]nc�py xla rcc sbWMs BpNIxWe v WFmsle 981rrellea (2438 mmj pe.m.wyw.w �e� (NI]wanriy�emn Note: Referloparltmber 86010149 for the specilba8ons of Ins remote control actuator. Ie�ildlas 11 8 4 cher (300 mm) Model Description .Dolm. Di/°aeEo90bl 0°o0-Oelctdclwn 80010760 K DualAmann. Alth 1]10.EIN Maleldherio81ill bracket owgbrackeAM NS 0 l ' mTIA M2 2im2F0l tl-2es(i9gn is basetl on emlronmenlal mntlilbns as sunnutleutde 9h51elamattalloadimtedmanantentqMndatm e dela4& velocity. See the Enyneering Satan of @etlebg br lunherdelella All specgbaUot are subject to change svilhout notice. The latest specllicallone are evaiiaMe al w Aekathmio-scala.com. KithrehlaC..50cla UM.len Pout Dlllce ts,1580 Medaud.0897601(USA) Phone:(541)7796500 Fuc(541)i79.399/ EmAjl:a.m. aa9o.A®kAdmAd,.e0m In1991 l:w Mlhullnaea19.CWa Ed h YC9 Ma91 89Fa91 1]10.E1 1]10.EIN Ja' NS -IS e41' ]aayq�tA AIB��yllAe BpNIxWe w..F ¢N IemW WFmsle ' mTIA M2 2im2F0l tl-2es(i9gn is basetl on emlronmenlal mntlilbns as sunnutleutde 9h51elamattalloadimtedmanantentqMndatm e dela4& velocity. See the Enyneering Satan of @etlebg br lunherdelella All specgbaUot are subject to change svilhout notice. The latest specllicallone are evaiiaMe al w Aekathmio-scala.com. KithrehlaC..50cla UM.len Pout Dlllce ts,1580 Medaud.0897601(USA) Phone:(541)7796500 Fuc(541)i79.399/ EmAjl:a.m. aa9o.A®kAdmAd,.e0m In1991 l:w Mlhullnaea19.CWa W. 1 Q c >� a C CM N i2 N tq > iE N m m + O Q E Q y C C N y 0 U Q - O I O O X �. 0) N u7 O Oct WcF Q co O N �N,�.-�-f��� T fn T O $ d N O a V- ❑ @ N N N ON ECU � uj C� Uu�UEEd c N m •� rn� �rn� v�i�cO�u�U co 'gym m c� L n .� ami _ iz I� LS ��UQp�xol - EUn001 0 i W, L.� CO D 0_ ry i :* DC6-48-60-0-iB-01 DC Surge Suppression Solution PLATURES • Robust DC surge protection of 60 kA 8/20 ps • Maximum Impuise Current S kA 10/350 ps Simpllfles Interconnectivity and cable management for DC conductors • Provides protection for 6Individual radio protection circuits The DC6-48-60-0-113-01 was designed to be the most robust and surge capable protector available for Distributed Antenna Systems. The flexible design allows for Indoor or outdoor mounting at the base station or centrally-lecated at the top of the tower or rooftop for remote radia head protection, Compact and mighty, the DC6-48-60-0-18-01 Is also Inherently safe. It employs Strikesorb 30-V1 modules capable of providing 60kA (8/20ps per NEMA LS 1) of surge capacity. The Strikesorb modules are fully Recognized to UL 1449 - 3rd Edition Safety Standard, meeting all Intermediate and high current fault requirements to facilitate Its use In DEM applications. [7�.93�41�177 1 Inde, tic) Phone 400.7n.1166 To11 FMO B0a890.2569 F.200.7"r 68 w.vn.mycapsuryaproleGbn.com 152X ISM) X2331 dun 1331m: Ba LX9801 — uBBB 142 AN Idw 01 116 fill III [7�.93�41�177 1 Inde, tic) Phone 400.7n.1166 To11 FMO B0a890.2569 F.200.7"r 68 w.vn.mycapsuryaproleGbn.com DC6-48-60-0-1 B-01 DC Power Surge Protection CIu4lrical Speclllca9mtsMR Suppression Connedlon M1lethoe Campremlon 1pg.#2414 AWG Copper,#2-#12 Aluminum OpOmU'ng 7arlperalure io- CIO t 80' C - E�ro mens Taatnq-»�a� ADDITIONAL FEATURES Enclosure will be equipped With 2- Roxtec CF series frame kits. The two Roxtec CF 16 series frame kits are located on the enclosure as y foto - I -uCF 16 series frame kit are located at the bottom of the enclosure 1 - - - - CF 16 series frame kit are located at the side of the enclosure opposite the door hinge CF 16 series frame kits are equipped to support 3 - large cables (20-30mm outside diameter) and 4 - smaller cables (5-20mm outside diameter). STANDARDS Strlkesorb modules are compliant to the following Surge Protection Device (SPD) Standards: -ANSI/UL 1449 - 3rd Edition - IEEE C62.41 - NEMA LS -1, IEC 61643.1:2005 2nd Editlon:2005 - IEC 61643-12 - EN 61643-11:2002 (including A11:2007) aycap- 002-09079 REV 000210 ® L TUV o7F-0435 Suppression Connedlon M1lethoe Campremlon 1pg.#2414 AWG Copper,#2-#12 Aluminum OpOmU'ng 7arlperalure io- CIO t 80' C - E�ro mens Taatnq-»�a� ADDITIONAL FEATURES Enclosure will be equipped With 2- Roxtec CF series frame kits. The two Roxtec CF 16 series frame kits are located on the enclosure as y foto - I -uCF 16 series frame kit are located at the bottom of the enclosure 1 - - - - CF 16 series frame kit are located at the side of the enclosure opposite the door hinge CF 16 series frame kits are equipped to support 3 - large cables (20-30mm outside diameter) and 4 - smaller cables (5-20mm outside diameter). STANDARDS Strlkesorb modules are compliant to the following Surge Protection Device (SPD) Standards: -ANSI/UL 1449 - 3rd Edition - IEEE C62.41 - NEMA LS -1, IEC 61643.1:2005 2nd Editlon:2005 - IEC 61643-12 - EN 61643-11:2002 (including A11:2007) aycap- 002-09079 REV 000210 ® L TUV o7F-0435 RayeeR inn 698W. Clearwater Loop • Post Fe Bs •Idaho • 03854 • USA Paom 208.777.1168 • Toll Free 8MM2669 • Fax 208.777MBB • wwxaeycapsurpepmlec6on.com DC6-48-60-18-8F DC Surge Suppression Solution The DC6-48-60-181s a dual chambered, DC surge suppression system for use In multi -circuit, Distributed Antenna Systems. The system will protect up to 6 Remote Radio Heads from voltage surges and lightning, and connect up to 18 fiber pairs. The system Is enclosed In a NEMA 4 rated, waterproof enclosure. FEATURES • Protects up to 6 Remote Radio Heads, each with Its own protection circuit. • Flexible design allows for Installation at the top of a tower for Remote Radio Head protection. • Includes fiber connections for up to 18 pairs of fiber. • LED Indicators on Individual circuits provide visual Indication of suppressor status. • Form`C' relays allow for remote monitoring of the suppressor status. • Patented Strikesorb technology provides over 60 kA of surge current capacity per circuit • Strlkesorb suppression modules are fully recognized to UL 1449 -3rd Edition Safety Standard, meeting all Intermediate and high current fault requirements to facilitate use In OEM applications. • Raycap recommends that DC protection system be Installed within a meters or 6 feet of the radio. • Dome design is lightweight and aerodynamic providing maximum flexibility for Installation on top of towers. Ism] e24Y- 0 Phone20 n7.1168 Toll Free 800.800.2569 Far208.777.4498 we rgmpsuryapolec0on.com DC6-48-60-18-8F DC Power Surge Protection SUppres¢ICn Connecllon Melhod Compression lug. 82-914 AWG Copper, tl2M12 Aluminum TG GS -07F -0435V Roycap Ccn+lledw is°met000 Ilk EoVlronmenld Re6ng IP fi$ 7m 72hrs 3 Storage..7.Nre 70 -C10+60 -Ca Residence to AggrossMe Materials CEI IOC 61073-2 Including aUCsand bases Might 20 9n Moon Moun9lq Bracket STANDARDS Strikesorb modules are Compliant to the following Surge Protection Device (SPD) Standards: — ANSI/UL 1449 — 3rd Edition — IEEE C62.41 — NEMA LS -1, IEC 61643-1:2005 2nd Edltiom2005 — IEC 61643-12 — EN 61643-11:2002 (Including A31:2007) TG GS -07F -0435V Roycap Ccn+lledw is°met000 =V1. G02-00060 REV050810 Rayowulnc, 806W.CMawakr Loop • Pon Fals •Idaho • 83854 • USA Phone 208.771.1 1W • Toll Free 800.890.2508 • Fax 208.777.1468 • xwa.reyupauryppr9leGim.com NAH MAXIMUM PERMISSIBLE EXPOSURE STUDY i y3 at&t Site Number: MA3469 Site Name: AWE -912008007 Latitude: 42.70776111 Longitude: -71.1143 Address: 723 Osgood Street, North Andover, MA 01845 Conclusion: AT&T's proposed antenna installation is calculated to be within the FCC Standard for Uncontrolled(General Public and Controlled(Occupatlonal Maximum Permissible Exposure (MPEJ. Prepared by: SAI Communications 260 Cedar Hill Street Marlborough, MA 01752 508-573-5407 Date of Report: June 7, 2011 Table 0fContents RFExposure Prediction Method .............................................................................................................. 3 CaseSummary ........................................................................................................................................... 4 RFDesign Specifications .......................................................................................................................... 4 FCCGuidelines .......................................................................................................................................... 5 FCCRFExposure Limits .......................................................................................................................... 6 CalculationResults .................................................................................................................................... 7 Introduction SAI Communications has conducted this theoretical analysis for AT&T, to ensure that the proposed radio facility complies with Federal Communications Commission (FCC) regulations. This report will show that, through the use of FCC suggested prediction methods, the radio facility in question will be in compliance with all appropriate Federal regulations in regards to Radio Frequency (RF) Exposure. RF Exposure Prediction Method Power Density is calculated in accordance with FCC OET Bulletin 65 formula (7): V. V, _ 2.56 * 1.64 * ERP,,, 5 4 R Calculation Point Ground Level Where: S = Power Density ERP,ai= Effective Radiated Power relative to antenna pattern R= Radial distance= H'+V2 H = Horizontal distance from antenna V = Vertical distance from antenna = Va —V6 Va = Antenna height above ground Vb = Calculation height above ground = 6ft Page 3 Case Summary The proposed radio facility will have a radiation center of 88ft located at the following geographic coordinates: Latitude: 42.70776111 Longitude: -71.1143 RF Design Specifications AT&T Mobility is planning to install 1 panel antenna per sector, for LTE Technology, with azimuths of 70.190-310 for alpha -beta -gamma sectors. Table below shows the technical data used for the calculation. Page 4 GSM1900 I UMTS850 I UMTS1860 I LTE700 I LTE2100 Antenna Type. Kathrein 800-10121 Kathrein 800-10121 Kathrein 800-10766 Antenna Gain (dBd) 14.35 11.35 14.35 13.75 15.65 Rad Center, AGL (ft) 88 88 88 88 88 ERP (dBm) 55.35 56.35 59.35 58.75 60.65 No of Radios 3 1 2 1 1 Page 4 FCC Guidelines Table 1. MPE Limits for General Population/ Uncontrolled Exposure Electric Field Frequency Range (MHz) S(V/m)h Magnetic Mag Field Strength Power Denz (mw/scrnz) ity Averaging Time for IHIz IEI(Minutes) S 0.3-1.34 614 1.63100 ` 30 1.34-30 824/f 2.19/f 180/ * 30 30-300 27.5 0.073 0.2 30 300 — 1500 300-1500 f/1500 30 1500:7150.000 -100 000 1500-100 000 1.0 30 f=frequency in MHz *=Plane wave equivalent power density Genual popu/ationluncontrolled exposures apply in situations in which the general public maybe exposed, or in which persons that are exposed as a consequence of their employment may not be fully aware of the potential for exposure or can't exercise control over their exposure. Table 2. MPE Limits for Occupational/Controlled Exposure Frequency Range (MHz) Electric Field Strength (V!m) Magnetic Field Strength (Alm) Tim e Density for �Power AveragingElz, �H�z , or MW/Cm S Minutes 0.3-3.0 614 1.63 100* 6 3.0-30 1842/f 4.89/1' 900 6 30-300 61.4 0.163 1.0 6 300-1500 f/300 6 1500-100 000 5.0 6 f =frequency in MHz `= Plane wave equivalent power density OccupationaYcontrolled limits apply in situations in which persons are exposed as a consequence of their employment provided those persons are fully aware of the potential for exposure and can exercise control over their exposure. Limits for occupationaUcontrolled exposure also apply in situations when an individual is transient through a location where such occupational/controlled limits apply provided he or she is made aware of the potential for exposure. Page 5 FCC RF Exposure Limits 1000 OccupationaVCanerolletl Expoeure 1101) 3 pffi 10 0 0 0 11 +0 +01) 11,000 110,000 1100,001) Frequency, MHz FCC MPE LIMITS mWlcm EXPOSURE ENVIRONMENT AT&T FREQUENCY BANDS Cellular PCS General Public Uncontrolled 0.59 1.0 Occu tional Controlled 2.93 5.0 1000 OccupationaVCanerolletl Expoeure 1101) 3 pffi 10 0 0 0 11 +0 +01) 11,000 110,000 1100,001) Frequency, MHz Maximum Pennissible Exposures. Occupational/Controlled and General PopulatioNUnoontrolled MPE's am (unctions of frequency. Page 6 — ----- General PppulatipNVnconUolletl ExppSUre 11 11 Maximum Pennissible Exposures. Occupational/Controlled and General PopulatioNUnoontrolled MPE's am (unctions of frequency. Page 6 Calculation Results 16ft AGL The following charts show the graphical representation of the calculated AT&T contribution on power density levels and % MPE at Eft above ground, as horizontal distance from antenna increases. The calculations take into account the vertical pattern of the antennas and represent the immediate direction of each sector azimuth within the antenna horizontal beamwidth. The calculations also assume line of site to the antennas and the result will be lower if measured indoor due to in -building penetration loss. Power Density and %MPE 10 0000% Peaklllrc ,NOIIeNGeneml PWkl, 36 oB]Srt 03]BE% r 0.1 PcaY �CaMmlleE/o[[u onall, 36 sce]sn,nN E w00% 011N 3 Eown —csMtew N_UNUrsaw o.—unlrsleaSI90 o .�, —LTE w C g0._LTUAGO 0100% 0 a ommol IE -M 1 10 100 low lwoo Horizontal Distance from Antenna, ft iwo.ww% 100. --- 10 . W a t rconwueG —CNtratw 0 F ♦ Pent 0. 0. 0.0001% 1 10 1w low 10000 Horizontal Distance from Antenna, n —u 0000% Peaklllrc ,NOIIeNGeneml PWkl, 36 oB]Srt 03]BE% r —u 0000% Peaklllrc ,NOIIeNGeneml PWkl, 36 oB]Srt 03]BE% PcaY �CaMmlleE/o[[u onall, 36 sce]sn,nN w00% 1000% 0100% 0010% — --- Page 7 Statement of Certification I certify to the best of my knowledge that the statements contained in this report are true and accurate. The theoretical computations contained are based on FCC recommended methods, with industry standard assumptions & formulas, and complies with FCC mandated Maximum Permissible RF Exposure requirements. A comprehensive field survey was not performed prior to the generation of this report. If questions arise regarding the calculations herein, SAI Communications recommends that a comprehensive field survey be performed to resolve any disputes. .1y' Sanket Y Josh! 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FAX: 978,667-7047 ' E-mail: iwnoise@noise-coniml.rnm NOISE STUDY TO: Kristen Smith COMPANY Tilson Technology Management FROM: Callie Reis {tallier@noise-control.com) Mike Bahtiarian (mikeb@noise-con[rol.wm) DATE: June 20, 2011 SUBJECT: AT&T Antenna Noise INTRODUCTION Noise Control Engineering, Inc. (NCE) has been retained by Tilson Technology Management and SAI to evaluate the change in sound pressure level due to an AT&T antenna that will be added to an existing cell tower Compound at 723 Osgood Street in North Andover, MA. The location is on the grounds of the Steven's Estate. Cellular equipment installed by other wireless providers already exists on site. The proposed equipment is shown in AT&T Mobility Drawing AWE -912008007 sheets A-1 to A-3. DISCUSSION OF ANNTENA NOISE In NCE's experience, the mechanical equipment which often supports antenna installations controls the noise emitted from most cell tower sites. In particular, noise from HVAC units and Emergency generators is significant. Since the antenna does not generate sound, the addition of a new antenna to the 723 Osgood Street Compound, which is already serviced by HVAC and generators, will not change the ambient noise Conditions. E364TING BACKGROND SOUND LEVEL NCE performed a background noise survey near the tower installation in the wooded area off the driveway in September 2009. Noise measurements were taken continuously from the morning of September 4'h to the morning of September 9's, 2009. The resulting La,', given in decibels, ranges from 49 dB(A) to 54 dB(A). NCE also calculated a theoretical minimum Lm of 47.5 dB(A) using the lowest overall noise level for each measured sampling period to determine a lowest predicted background sound level. This minimum value can be assumed to represent the existing background Conditions for the site. NOISE LIMIT The "Zoning Bylaws" for the Town of North Andover, Section 8.9, reference [21 state that ground -mounted personal wireless equipment cannot produce a noise level in excess 1 DeyNgM Asem9e Sound pre end level (Di irrJunee a 10 Eedt el penalty for sounds Junig night pends (lam to 10pm). Noise Control Engineering, Inc. June 20, 2011 of 50 dB(A) at the security barrier. The ordinance also requires a measurement of existing noise levels and a prediction of the noise levels with the new equipment installed. NCE has performed a number of ambient noise surveys in the town of North Andover (see cell tower compounds at: 723 Osgood St. or 300 Chestnut St. for examples). Since the existing background was measured to be 47.5 dB(A), given that the new equipment will not generate noise, it can be assumed that the existing background noise level will not change. It is the opinion of NCE that the addition of a new AT&T antenna at 723 Osgood Street in North Andover, MA (without the addition of supporting mechanical equipment) will not increase the existing background sound level. 0 Page 2 TOWERCO SITE NO: MA2010 NAME: Steve's Estate ADDRESS: 723 Osgood Street North Andover, MA 01845 Essex County LETTER OF AUTHORIZATION AT&T NO: MA3469 NAME: North Andover I, TowerCo Assets LLC, owner of the above described property, authorize AT&T and/or their agent, to act as my non-exclusive agent for the sole purpose of consummating any land -use or building permit application(s) necessary to obtain approval of the applicable jurisdiction for AT&T installation of its antennae and related telecommunications equipment on the premises located on the above described property. I understand that this application may be denied, modified or approved with conditions, and that any such conditions of approval or modifications will be the sole responsibility of AT&T and will be complied with prior to issuance of a building permit. TowerCo Print 1 Gre P. Csapo Position: Collocation Project Manager Northeast N w wm"55s 3 0 L w �aar�v c m a �Q. av �u5=E eW�dos F 00E ',4 7" va d wo o a � Q .. v .5 G � � n O = y A d c O N C 7 E> m vy y € $ a 3 Op c L � m W oc3 y� d G R 00 W 5 E o sora e C cW ,5 on c = n- 3L':�5e�y5 O y O d c b m c�'E o c a E v E `o > 0 > o �? 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IG mEa3� v 9 e d �v m e a�M4 o" �a&Z°«$ �ycm3'�5 ° S c �d m « c v itl o E :v � � d " n y � w ua A r' A IG A N 9 e d �v m e a�M4 o" �a&Z°«$ �ycm3'�5 ° S c w Su v °e opq°$cuNo°5°x rE c>,C .s�.o �3Z �Po W �m� ° `��a iOm °'acEp 3'C m•m EA v>'vQ °v0.O.`9.o s�"mac-K $ah v,$yaod�y5«L ��m$d=A o3Y�ooEd 24. i7 c=P° 5O4v��.a$yi v m°'VL �`2 300o°o V.59 m C fi m v wo ro `o « 3 0 Oq y > U yiy°ad.vg cppE ° � ~o yu v� p m 0p -Wi Q p0•fi R� �j L W L a e ZONING BOARD OF APPEALS Community Develoomem Division ABUTTERS LIST REQUEST FORM Pleas.,n .nit this form to the North Andover Assessor's Office, 120 Main Street, North Andover, 01845. The Assessor's Ofike Is open from 8:30 to 4:30, their phone number is 978- 6W9566, and their tea number Is 978-688-3211. The fee Is 525.00, and the Assessor's Office requests ten working days to prepare a Certified list REQUIREN ENT: MGL 40A, Section I I states in pat "parties in Interest as used in this chapter shall mean the petitioner, abutters, owners of land directly opposite on any public or private sheet m way, and sharers to.bourn within three hundred (300) feet of the property line ofthe petitioner as they appear on the most recent applicable tax list, notwithstanding that the land of any such owner is located in another city or town, the planning board of the city or town, and the planning board of every sharing city or town." Map(s) Parccl(s) C35 d Petition Address: No(s):1:� —s.;1)�-4(, VA Ehze : Jr-QA"s: SniTe, Same of person Requesting List: 'ref l J I It , .:vr r s , r , '', sem, ,+ -, 'w ' Phone No.: �07-�e%a �.-�-& Rtque,tc is Date of Request: �� � / f Id000waod Sheet North lndoreq Mossathutells 01845 Phase 918411,9541 Por 978.688.9542 sed r'sxle.n tionhando u,our mewl I weoY Y I Awrw l 1 mpa r r TDwn al NDr%Arleeser MIDumS tixm aSa®aaa Yat: C9tD61 Six eamna ss a >aprdxYnM,rMM.rer +DO WmsuM nam MDwq.W DIM puma MroMree w. F,,.,e awn ss le IoleOpaN 4rx1 H}P Mdv.. ..W%Ms aD GlWx C ea3 Turq,Y. s:reel IbN IMva.W DIM Y A BMPUMerttv.}uG Ama1H eV66Rdly, uc 1%IrAD%]SYM i4Yr MOwY.W DIMS 35 ROmR.B Orq Ppy Gruwn0. 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Ino- ...v on .............. .. . _ . __ . .. Ne term. antl condition. of the policy, certain "Holm Ivey mqulm an endonemenL A.tota ment on Nle certmcate does not PRODUI Marsh USA Inc. mi M&MM sl oct' SuI1e 1100 SL Won, MC 63101 AM: AW CMRi,uecl®n mhrom Sol Mlar'lec of AT&T Inc. Ona AT&T Haca M Sod AUM don Dallas, TX 75202 COVERAGES THIS INDICATED. CERTIFICATE EXCLUSIONS IMM CENT IS TO CERTIFY THAT THE POLICIES NOTWITHSTANDING ANY REQUIREMENT, MAY BE ISSUED OR MAY PERTAIN, AND CONDITIONS OF SUCH TYPE OF INSURANCE 11 , OF INSURANCE POLICIES. Ii 1C THE and II In I: LISTED BELOW HAVE BEEN TERM OR CONDITION OF ANY INSURANCE AFFORDED BY LIMITS SHOWN MAY HAVE BEEN REDUCED MMYNUMBER ISSUED TO CONTRACT THE POLICIES BY POLICYFFF Mimi THE INSURED OR OTHER DOCUMENT DESCRIBED PAID CLAIMS. POLICY E.YP M MIDI NAMED ABOVE FOR TXE POLICY PERIOD HATH RESPECT TO WHICH THIS HEREIN IS SUBJECT TO ALL THE TERMS, UMDB A OEIANUTY NEAALL A WMMERGAL GENERAL UAMNTY pAIMSMACE OCIXIUR Nod Ander. MA 01 M5 NnFY 59M EACH OCCURRENCE f +'�'� f WO,MO 10000 MEDE%P are f JUN CNALe JUN PERBY GFHEMAGGREWTE f 10,0]O,LW Haney E. Jones VY�`� �✓\� m eeee—AnnonttnM.(MQATION. AllndhMM.emn.d. HppUCT3-COMPgPAGG f 1,000.000 A MMB21261 060112011 OBmRM2 GENLAGGREG4TEUMTAFPUESFER: X Foucc PRO LCC AU1g1ON1E UAe1utt f � B�INWEnDISINGIE UMT f 1,OM,Om B'JDILYINJURY71MI S X ANYAUTO BCDILY INJURY 1Fa ettMMp f AL-OWNEDAUTOS (PROPERTY WMADE i Maraccoam SCHEDULED AUTOS HIREDAUTCS S NCNOKNEOAIIIO$ f ween ALMB EMCESB WB OCCUR CL NMSMACE EACH OCCURRENCE f AGGREG4 E f B DEDUCTIBLE f A RETEMION 3yW WdiNERS cgIPExs.nON ANO EMKOYERSUANLITY ylR ANY FROPRIETORIPARTNEREXECIITIVE OFFILERMEMBER EXCLUNQ.' O NIA MWC 1H0T2m Mimi 06m(eO12 % CTAT } 1,M00m EL EACH ACCIDFM f E.L.IOSEA4-EAEMRME f (WnnoMAd In NX) I N -PON (Mur EL. d$EPSE-FCLICY UYIi f CESCMPTON OF OMM IONS I LOCATIONS I VENICLE9IAWHI ACORD IS, AJYXionet WmuMa ac. -M, M man syw M1 r uimd) AN FA%1010508-723ON W 1S[WMNod AnkNa M4 TMen NNMUaa,MA,ManHW 'Mot 1A Main SL Nod Mb.9, MA 01M51s MIA,Y as A,,on, lnsM unOer tln Cenral LiaHlb WI'ry W Mb null McAcct rerpumnanh NtlrewNWlhhRar Ve CwcWHAWandlha InWAN' CERTIFICATE HOLDER SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Tmm o1NOMArdartr ACCORDANCE WITH THE POLICY PROVISIONS. 120Main Street Nod Ander. MA 01 M5 AUTROa1NESdJ TATNE NWMu"lo".SAIrc. Haney E. Jones VY�`� �✓\� m eeee—AnnonttnM.(MQATION. AllndhMM.emn.d. ACORD 25 (2009109) The ACORD name and logo am registered marks of ACORD ADDITIONAL INFORMATION II6N3'20t1 PRODUCER Marnh USA Im. 701 Debt Sheet, Sub 1100 St look, MO INC 01 AM'. ATT.Cw bquee@bUUhCoM 01556TGAw CRT -1112 x INSURERS AFFORDING COVERAGE NAIC0 IN&UREO INSURER G: SONudiarke 0 AT&T Ine One AT&T Plaza USURER H INSUREA I' COS Sour Mend Sheat Dales, T% 75202 INsuRER 1 UCLUDINGPxkN IITaephone Conpany.Ne aSNTeMpta Cm any, e Cunpany The OAO Pen TNepMne Cobb, WN sin Sell, Inc., The Cobb any Wobb C.11.1.1 and Ne SOutllan Nex EnSland Taepinne Company CERTIFICATE HOLDER Tavel oI NOM Aadoar I SO Man Strom NOM Aneen,, MA 0I845 t� aIS. �^ Print Form Town of North Andover Planning Board, ,- Application for Special Permit 'Modification Please type or print clearly. liu P I i 1 A. I. Petitioner.New Cingular Wireless PCS, LLC('AT&T') do Susan M. Roberts, Esq. Petitioner's Address:Andereon & Kreiger LLP One Canal Park Ste 200, Cambridge) MA 021 41 Telephone number:617-621-6500 2. Owners of the land:Fadllly Owner. TowarCoAssets LLC Address:5DO0 Valleystone Dr. Ste. 200, Cary, NC 27519 Number of years of ownersbtp:10+ In.b. land is owned by Town. See Nos 5 & 6 below] 3. Year lot was created: Pre-exisfing lot 4. Description of Proposed Project: AT&T seeks mortification of its 922Cial Permit, Mgqt tl 915/10 tn ajl+ fnr ingt,t1laUca, no -its Wi 1 Facility nf th fit Lrtna Torm Ft�nlnt-inn ITmF) antennas as replace for three fit t' g, rSM an*cnnac nroposed crolect l ill l 1 -- 1 arvi in,tAllgtticn of rt lat.A aml ancillary cabling and equipment. 5. Description of Premises: StevensFstata Pmoaft ex atno I.Slanns T d fnraqtpd land with m ex'd'nn telecommunications tower, with numerous antennas, enclosed and secured within a fenced compounc containing anuillary equipment. 6. Address of Property Being Affected 723 Osgood St, Stevens Estate, NoM Andover Zoning District: Residential 1 Assessors: Map: 35 Lot# Registry of Deeds: Book #: 4� Page N: �- 7. Existing Lot: Lot Area (Sq. Ft) 153 acres Building Height nla Street Frontage: yes Side Setbacks: nT- Front Setback: n� Rear Setback: n a Floor Area Ratio: � Lot Coverage: nT. 6. Proposed Lot (if applicable): Lot Area (Sq. Fl) Building Height Street Frontage: Side Setbacks: Front Setback: Rear Setback: Floor Area Ratio: Lot Coverage: 9. Required Lot (as required by Zoning Bylaw): Lot Area (Sq. Fl) Building Height Street Frontage: Side Setbacks: te. Petitioner and Landowner signature(s): - Every application for a SpecialPemd0 shall be made on this form which is the official form ofthe Planning Board. Every application shall be Bled with the Town Clerk's office. Il shall be the responsibility oftbe petitioner to furnish all supporting documentation with this 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 and legal notification. Failure to comply with application requirement, as cited herein and in the Planning Board Rules and Regulations may result in a dismissal by the Planing B pard oftkis application as incomplete. Pefitloaer's Signature: Susan M. Roberts, Esq., attorney for applicant AT&T Owner's Signature: WA Pdntortyperamehen: ToveerCo Assets LLC 15. Please fist title of pious and document you will be attaching to this application. Please see letter with list of documents submitted with application. Front Setback: Rear Setback: Floor Ana Ratio: Lot Coverage: 10. Existing Building (it applicable): ,,. Gmund.Floor (Sq. Ft.) B of Floor, Total Sq. Ft. Height: Use; Type of Construction 11. Proposed Building: Ground Floor (Sq. Ft.) B of Floors: Total Sq. FL Holght: Use: Type of Comtruedon 12. Has there been a previous application for a Special Permit from the Planning Board on thou premises? You Use, when and for what type ofconstruction? On 99110, Board gamed AT&Te requestw arnew special perma to operate a Wheless CommunlcaXon Faclfily at the site. 13. Section of Zoning Bylaw that Special Permit Is Being Requested exXom 8.9 end 10.1 te. Petitioner and Landowner signature(s): - Every application for a SpecialPemd0 shall be made on this form which is the official form ofthe Planning Board. Every application shall be Bled with the Town Clerk's office. Il shall be the responsibility oftbe petitioner to furnish all supporting documentation with this 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 and legal notification. Failure to comply with application requirement, as cited herein and in the Planning Board Rules and Regulations may result in a dismissal by the Planing B pard oftkis application as incomplete. Pefitloaer's Signature: Susan M. Roberts, Esq., attorney for applicant AT&T Owner's Signature: WA Pdntortyperamehen: ToveerCo Assets LLC 15. Please fist title of pious and document you will be attaching to this application. Please see letter with list of documents submitted with application. Or NORTH" • On 1 Town of North Andover 2011 JUL -5 flW IOt 23 Office of the Planning Department Community Development and Services Division P (978) 688-9535 1600 Osgood Street F (978) 688-9542 Building 20, Suite 2-36 North Andovcr,Massachuselts01845 MASSP - 1. On DEFINITIVE SUBDIVISION EXTENSION required to take action on a Definitive Subdivision Plan I an application was received by the North Andover Planning Board submitted by -J=.1ES di&V—M 646tpKMS-LNG. (name of applicant or applicant's representative) 1679 Oseood St. for a Definitive Subdivision under (street address of subdivision) Massachusetts General Law (MGL), Chapter 41, Section 81U. 2. Pursuant to MGL, Chapter 41, Section 81U, the Board and the Applicant hereby mutually agree that the time within which the Board shall take action on said application is hereby extended to .W 4,0 end on 9/31/11 which shall he one which complies with the time - (date) period requirements of MGL, Chapter 41, Section 811.1, for the Planning Board to take final action on a Definitive Subdivision Plan. For the North Andover Planning Board By: ✓` y r�Jt/ (Plan V, g Board Chadmign or designee) i Date: zzhl �✓ Filed with Town Clerk: By: itO) 104v4 //d417? - (Name of ap' Iicant, tl*) BOARDOF APPEALS 688-9541 BURDING6884545 CONSERVATION 688-9530 HEAL711688-9540 PLANNING6d&9535 1 IN30 DEFINITIVE SUBDIVISION EXTENSION Updacd9/28110 rAlbert. Manzi III, Esq. Chairman McIntyre, V ice -Chain an Richard J Byers, Esq. Clerk RichardM vaillancourt Daniel S Braese, Esq. Town of North Andover Zoning Board of Appeals 1600 Osgood Street North Andover MA 01845 Town of North Andover ZONING BOARD OF APPEALS —6 iV NoaTM o•,.. „�% Associaze Members F' '' •e °�, Thomas D. 1ppolito ' Michael P. Liporto s e s. �JSICHUSf1 Tarn DeS Tm S� Date Please be advised that I have agreed to waive the time constraints for the North Andover Zoning Board of Appeals to make a decision regarding the granting of a _ Variance f... Special Permit Comprehensive Permit (40B) Finding for property located at: /} STREET: /�� (JS0�0/.% `S/ Sfe✓e�.fcs'f MAP: PARCEL: TOWN: North Andover. MA 01845 TO MEETING DATE(S): /- I / /,/'?., NAME OFPETITI TER: g6-Tko F'e'S ur L -LG SIGNED: Petitio & PeNloWK representative) 1600 Osgood St., Bldg 20 - Suite 2-36, North Andover, MA 01845 Phone -978-688-9541 Fax -978-688-9542 Web - www.townofiorthandovecnvm .. Town of North Andover ZONING BOARD OF APPEAL `" Albe,YP, Manzi ll/, Esq, Clealrman Ellen P. Mcinlyre, Vice-Chairma, Ge NORTH 5+ 2011 NAR 21 P1 3: 59 RiehaMJ. Byers, Esq. Clerk 3+ e` • °ot Dfadels.Brnese,&* '' ',•• a Rlehrud.M. Vn/lhmcourl NOD I Associate Membe43ys ;'e:'z,ryr MA$° rs +ncuoee Thonms D, /yyolila MichnN P. Llyorlo - 'I'oonCAttklSmcSvnp Date /O 020 Town of North Andover Zoning Board of Appeals 1600 Osgood Street North Andover MA 01845 Please be advised that I wish to: withdraw my /' Variance +/ Special Permit Comprehensive Permit (40B) Finding petition without prejudice from the North Andover Zoning Board of Appeals agenda for properly located at: �"'/ L STREET: /�d,1? O's-C100,0JC/'C� 7 dP%h MAP(S): . PARCEL(S): TOWN: North Andover. MA 01845 NAME OF PETI R: I d5A7s �CC' SIGNED: Petitioner (or petitioner's representative) 1600 Osgood Skeel, llulleing 20 -Sidle 2-86, North Aodoveq Massechusells 01845 Phano-978.688.9541 Fax -978-688-9542 Web- w""Mnornndhandovicecom From: Sent: To: Subject: Tymon, Judy Thursday, March 10, 20119:44 AM CiOfol0, Angela FW: MA2010 consent and zoning for Metro PCS From: Robert Train lmailto'RTrain(dt werrn 1 _. Sent: Thursday, March 10, 2011 9:30 AM To: SantiIli, Ray; Tymon, Judy; Rees, Mark Cc: Greg Csapo; Craig Hartman Subject: MA2010 consent and zoning for Metro PCS TowerCo has general question regarding our consent and the zoning for our pending sublease with Metro PCS. We hit a bump the road with our planned tower extension. Due to the towers proximity to the airport, the FAA will not support the tower extension. The top of the existing tower is 98 feet. The tower is occupied from 98' down to 75' (by Sprint/Nextel, AT&T, and by T - Mobile). Heights below 75' are not viable due to the tree line and RF concerns. At this point, it appears that the only possible way for us to accommodate Metro PCS would be the construction of a 2nd tower at either this site or an alternative site owned by the City. Such a tower would likely be approximately 85-90'. Of course, such a decision would require a large monetary obligation, and it would also require the City's support (by both the town management and the planning department). Before we start the process of going forward with plans, we wanted to reach out and gauge the level of support or cooperation by the City for such a project. Thank you for any feedback that you can provide, Robert Train 5000 Valleystone Drive Cary, NC 27519 Wk 919-800-2260 mob 919-637-0607 � •VYYClu)� VWW tom :ase note the Mesfer to: eas Secretary or State's office has tletermine0 that most emails to acW from munlrApel offices entl offidals ere public recoNs. For more aeseDonationt please refect.: pke Sac t� !ase Consider the environment before printing this email. Town of North Andover ZONING BOARD OF APPEALS A16em P. Mama III, Esq. Cbarmaa � L.,� —E I \/ L O ellen P. McIntyre, VimChermon saoarp . Rachael J. Byccs, Esq. Q4 pe ...• ,.,,yp Duffel S. Brwse, Esq. 3� •` g 2011 APR 20 AM 9:37 Richard M. Vaill...n ° Aasaahhl.bm s a - Thomas D. Ippolito �• Michael P. Lipa. .y' -;;,gip'—,,:,. HUTH2 ''=+caus� MASS 'roam aak Tme stamp Any appeal shall be filed within (20) Notice of Decision days after the date of filing of this Year 2011 notice in the office of the Town Clerk, oer Mass. Gen. L. ch. 40A. 817 v.aa°erw At• On n,....ed street NAME: Metro PCS HEARING(S): 8 March 2011/12 April 2011 ADDRESS: 723 Osgood Street (Map 35, Parcel 23 North Andover, MA 01845 PETITION: 2011-01 The North Andover Board of Appeals held a public hearing at the Senior Center, 120R Main Street, North Andover, MA on April 12, 2011 for application of Metro PCS, located at 723 Osgood Street (Map 35 Parcel 23). Petitioner was requesting Variances from 8.9 paragraphs 8.9.3.c.i, and 8.9.3.cii and 8.9.4(a) iii of the Zoning bylaw to extend the monopole with a 12 foot extension and to add 3 panel antennas to the existing wireless facility and also for the color of the monopole in an R -I and R-2 Zoning District. Metro PCS is now requesting to the Board to allow them to Withdraw without Prejudice. The following voting members were present: Albert P. Manzi III, Ellen P. McIntyre, Richard J. Byers, and Richard M. Vaillancourt. The following Associate members were present: Michael Liporm and Thomas Ippolito. The Chairman, Albert Manzi III recused himself from the vote and deliberation. Upon a motion by Byers and Second by Vaillancourt, the Board voted to Grant the applicant's letter requesting the Variances for 723 Osgood Street (Map 35, Parcel 23)North Andover, MA 01845 to be Withdraw without Prejudice. Voting in favor were, Ellen P. McIntyre, Richard J. Byers, Richard Vaillancourt, Thomas Ippolito and Michael P, Liporto. The motion was unanimously approved. 5-0 v North Andover Zoning Boa of Appeals Ellen P. McIntyre, Vice Acting Chairman Richard J. Byers, Esq., Clerk Richard M. Vaillancourt Michael P. Liporto Thomas Ippolito Decision 2011-01 Page 1 of 1 TOWN OF NORTH ANDOVER VARIANrgz Procedure & Requirements for an Application for a Variance Ten (10) copies of the following information must be submitted thirty M days prior to the first public hearing. Failure to submit the required information within the time Periods prescribed may result in a dismissal by the Zoning Board of an application as ind5mplete The information herein is an abstract of more speck requirements listed in the Zoning Board Rules and Regulations and is not meant to supersede them. The petitioner will STEP 1: ADMINISTRATOR PERMIT DENIAL: The petitioner applies for a Building Permit and receivers a Zoning Bylaw Denial form completed by the Building Commissioner. STEP 2: VARIANCE APPLICATION FORM: Petitioner completes an application form to Petition the Board of Appeals for a Variance. All information as required in items 1 through and including 11 shall be completed. STEP 3: PLAN PREPARATION: Petitioner submits all of the required plan information as cited in page 4, section 10 of this form. STEP 4: OBTAIN LIST OF PARTIES IN INTEREST: The petifioner requests the Assessor's Office to compile a certified list of Parties in Interest (abutters). Town Ge* Time Stamp STEP 6: SCHEDULING OF HEARING AND PREPARATION OF LEGAL NOTICE: The Office of the Zoning Board of Appeals schedules the applicant for a hearing date and prepares the legal notice for mailing to the parties in interest (abutters) and for Publication in the newspaper. The petitioner is notified that the legal notice has been prepared and the cost of the Party in Interest fee. STEP 7: DELIVERY OF LEGAL NOTICE TO NEWSPAPER The petifioner picks up the legal notice from the Office of the Zoning Board of Appeals and delivers the legal notice to the local newspaper for publication. STEP 8: PUBLIC HEARING BEFORE THE ZONING BOARD OF APPEALS: The petitioner should appear in his/her behalf, or be represented by an agent or attorney. In the absence of any appearance without due cause on behalf of the Petition, the Board shall decide on the matter by using the information it has received to date. STEP 9: DECISION: After the hearing, a copy of the Board's decision will be sent to all Parties in Interest. Any appeal of the Board's decision may be made pursuant to Massachusetts General Law ch. 40A § 17, within twenty (20) days after the decision is filed with the Town Clerk. STEP 5: SUBMIT APPLICATION: STEP 10: RECORDING THE DECISION AND PIANS. Pet'rfioner submits one (1) original and ten (10) Xerox copies aF all the required information theetlecGsionethe My�arnand any accom'pa^rnga1 cation to the Town Clerk's Office to be certfietl by the Town Clerk with the time and date at the Essex County, North Registry of Deeds, 384 Merrimack St. Suite of filing. The original will be left at the Town Clerk's Office, antl the 10 Xerox copies will be left with the #304, Lawrence MA, 01 tk33 antl and shall complete the Cerfificefion of Recording form and Zoning Board of Appeals secretary. forward it to the Zoning Board of Appeals and to the Building Department. IMPORTANT PHONE NUMBERS: 978b88-9533 _ Office of Community Dev. 8 Services 1600 Osgood SL, Bldg. 20, Suite 2-36 North Andover, MA 01845 978-688-9542 978£88-9545 fax for Community Development offices Building Department 978-688-9541 Zoning Board of Appeals office ... •• -. m„a:unua,�uaum�mw..anzmsn:.-ro,u:. IMPORTANT PHONE NUMBERS: North Andover Town Hall 120 Main Street 978-688-9501 Town Clerk's Office 978-688-9566 Assessor's Office Page 2 of 4 A�f pp A/f NORTH ANDOVER ZONING BOARD OF APPEALS application for a VMRIANC E Please complete afl items 1 - 10 on pages 2 through 4: 1. *The petitioner shall be entered on the legal noilce and the decision as a to ad above. 2- Owners of Land: Name, Address, telephone number, and number of Years under this Street3. Location of Property - IL adl$ <J—ZoningDisbict b. Assessors Map nunthr Lot Number., C. Registry of Deeds: - ' • 7� - tho rMIN itan fav fho Varimn^to —w T above desorpl n shall be used far the PaPa of fits regal notim and darisort. A reae dabled descrilAm is requaed pursvrt to the Zuitg Bond Rufen ad Regulations as Bled on pale L section a of BBs apparagon. Fwi by ftre appl nt to descrihe the request Beady oolbrrestit a deavaon thY does rpt addres the ectad W Bre appfuant. The daaswn wia be turfed fo fits request by are apptirant aritl vda rpt vdveadtliliwW i0m¢ rp[ aModed above. 6 A Difference from Zoning Bylaw requirements: Indicate the dimension(s) that will not meet current Zoning Bylaw Requirements. (Lines A and B are in case of a lot split) Lot Area Open Space Percentage Lot Frontage Parking Sq. Ft Sq. Ft. Coverage Feet Spaces Front Side A Side B Rear A- % B- % Page 3 of 4 NORTH ANDOVER ZONING BOARD OF APPEALS application for a VARIAN C E 6 B. Existing Lot: Lot Area Open Space Percent Lot Frontage Parking Minimum Lot Setback Sq. Ft Sq. Ft Coverage Feet Spaces Front Side A Side B Rear 6 C. Proposed Lot(s): Use of Number Square feet Floors Lot Area Open Space Percent Lot Frontage Parting Minimum Lot Setback Sq. Ft Sq. Ft Coverage Feet Spaces From Side A Side B Rear 6 D. Required Lot: (As required by Zoning Bylaw & Table z) Lot Area Opal Space Percent Lot Frontage Parking Minimum Lm Setback Sq. PL Sq. Ft Coverage Feet Spaces From Side A Side 8 Rear 7A. Existing Building(s): Ground Floor Number of Height Total Use of Number Square feet Floors Sq. feet Building' of Units" 'Reference Uses from the Zoning Bylaw & Table 1. 'State number of units in building(s). 7B. Proposed Building(s): Ground Floor Number of Height Total Use of Number Square feet Floors Sq. feet Building' ofUnits- .Reference Uses from the Zoning Bylaw & Table 1. "State number of units in building(s). 8. Petitioner and Landowner signature(s): Every application for a Vanance shall be made on this form, which is the official form of the Zoning Board of Appeals. Every application shall be filed with the Town ClerKs Office. It shall be the responsibility of the petitioner to furnish all supporting documentation with this application. The dated copy of this application received by the Town Clerk or the Zoning Board of Appeals does not absolve the applicant from this responsibility. The petitioner shall be responsible for all expenses for filing and legal notification. Failure to comply with application requirements, as cited herein and in the Zoning Board Rules and Regulations may result in a dismi�el�bypie , oninq Board of this application as incomplete_ 11 AA G Page 4 of 4 g. WRITTEN DOCUMENTATION Application for a Variance must be supported by a legibly written or typed memorandum setting forth in detail all facts relied upon. When requesting a Variance from the requirements of MGLA ch. 40A. Sec. 10.4 and the North Andover Zoning By-laws, all dimensional requirements shall be clearly identified and factually supported. All points, A -F, are required to be addressed with this application. A. The particular use proposed for the land or structure. B. The circumstances relating to soil conditions, shape or topography of such land or structures especially affecting the property for which the Variance is sought which do not affect generally the zoning district in which the property is located. C. Facts which make up the substantial hardship, financial or otherwise, which results from literal enforcement of the applicable Zoning restrictions with respect to the land or building for which the variance is sought. D. Facts relied upon to support a finding that relief sought will be desirable and without substantial detriment to the public good. E. Facts relied upon to support a finding that relief sought may be given without nullifying or substantially derogating from the intent or purpose of the Ordinance. F. Submit RDA from Conservation Commission when Continuous Buildable Area is applied for in ZBA application. 10. PLAN OF LAND Each application to the Zoning Board of Appeals shall be accompanied by the following described plan. Plans must be submitted with this application to the Town Cleric's Office and ZBA secretary at least thirty (30) days prior to the public hearing before the Zoning Board of appeals. A set of building elevation plans by a Registered Architect may be required when the application involves new construction/conversion/ and/or a Proposed change in use. 10. A. Major Projects Major projects are those, which involve one of the following whether existing or proposed: I) five (5) or more parking spaces, >n three (3) or more dwelling units, IIn 2,000 square feet of building area. Major Projects shall require, that in addition to the 10B & 10C features, that the plans show detailed utilities, soils, and topographic information. *10. B. *Plan Specifications: VARIANCE I) Size of plan: Ten (10 ) paper copies of a plan not to exceed 11 N17 . Preferred scale of J-.40, II) One (1) Mylar, with one block for Registry Use only, and one block for five (5) ZBA signatures & data. III) Plan shall be prepared, stamped and certfied by. Registered Professional Land Surveyor. Please note that plans by a Registered Professional Engineer, Registered Architect, and/or a Registered Landscape Architect may be required for Major Projects. *10 C. *Required Features On Plan: 1) Site Orientation shall include: 1. north point 2. Zoning district (s) 3. names of sheets 4. wetlands (if applicable) 5. abutters of property, within 300' radius 6. locations of buildings on adjacent properties within 50' from. applicants proposed structure 7. deed restrictions, easements. II) Legend & Graphic Aids shall include: 1. Proposed features in solid lines & outlined in red 2. Exisfing features to be removed in dashed lines 3. Graphic Scales 4. Date of Plan 5. Title of Plan 6. Names addresses and phone numbers of the aPPlicant,.owner or record, and land surveyor. 7. Locus 10 D. Minor Projects Minor projects, such as decks, sheds, and garages, shall require only the plan information as indicated with an. asterisk (*). In some cases further information may be required. 11. APPLICATION FILING FEES 11. A Notification fees: Applicant shall provide a check or money order to: Town of North Andover" for the cost of first class, certified, return receipt x # of all parties in interest identified in MGLA ch. 40A §11 on the abutter's list for the legal notice check. Also, the applicant shall supply first class postage stamps x the # of parties of interest on the abutter's list for the decision mailing. 11-B. Mailing labels: Applicant shall provide four (4) sets of mailing labels no larger than 1 °x2-5/&" (3 copies for the Legal, and one copy for the Decision mailing). 11-C. Applicant shall Provide a check or money order to: ?own of North Andover' per 2005 Revised Fee Schedule. ► A Variance once granted by the ZBA will lapse In 1 (ono) year If not exercised and a new Petition must be submitted. NATURE OF VARIANCE REQUEST The Applicant requests a variance from Zoning By -Law Section 8.9.3(c)(i) and 8.9.3(c)(ii)(height of ground -mounted facility) to extend the height of the existing Wireless Services Facility located at 723 Osgood Street (the "Stevens Estate"), a variance from Zoning By -Law Section 8.9.4 (axiii)(color), and any other relief the Board deems necessary to permit the proposed wireless installation as described below. Alternatively, the Applicant requests an amendment to the existing variance granted to AT&T Wireless PCS, LLC in Application No. 2003-023, filed with the North Andover Town Clerk on August 26, 2003. Zoning Bylaw Denial Town Of North Andover Building Department 400 Osgood St. North Andover, MA. 01845 O• Phone 978-688-9545 Fax 978-688-9542 Street: 723 Osgood Street Ma Lot: 35/23 Applicant: I Metro PCS Request: Extend existing monopole, 12 foot Flagpole extension. Add 3 Panel antenna's to existing wireless facility. Date: 11 November 3, Me .. . _. -- -- .: ruin ^PPncaaon anm rians mat your Application Is DENIED for the following Zoning Bylaw reasons: Zoning R-1 and R-2 Distlrirt RBmadV for the above is rhecked K.1— Item # S ecial Permits Plannin Board Item Notes Setback Variance Item Notes A Lot Area Common Drvewa S ecial Permit F Frontage Variancefor Si n 1 Lot area Insufficient Inde ardent Elder] Housin S edol Permit 7 Fronts a Insufficient Earth Removal S tial Pemih ZBA 2 Lot Area Preexistin X 2 Fronts a Com lies X 3 Lot Area Com lies 3 Preexistin fronts e 4 Insufficient Information 4 Insufficient Information B Use 5 No access over Frontage 1 Allowed G Contiguous Building Area 2 Not Allowed 7 Insufficient Area 3 Use Preexistin 2 Com lies X 4 S ecial Permit Re uired X 3 Preexistin CBA 5 Insufficient Information 4 Insufficient Information C Setback H Building Height 1 All setbacks corn I 1 Hei ht Exceeds Maximum X 2 Front Insufficient 2 Cont lies 3 Left Side Insufficient 3 Preexistin He! ht 4 Ri ht Side Insufficient 4 Insuffcient Information 5 Rear Insufficient I Building Coverage 6 Preexistin setback s X 7 Covera a exceeds maximum 7 Insufficient Information 2 Covera a Com lies D Watershed 3 Coverage Preexisting X 1 Not in Watershed X 4 Insufficient Information 2 In Watershed J Sign 3 Lot nor to 10/24/94 1 Si n not allowed 4 Zone to be Determined 2 Si n Com lies N/A 5 Insufficient Information 3 Insufficient Information E Historic District K Parking 1 In District review re wired 1 More Parkin Re uired 2 Not in district X 2 FarKling Complies 3 Insufficient Information 3 Insufficient Information NIA 4 Pre-existin Parkin RBmadV for the above is rhecked K.1— Item # S ecial Permits Plannin Board Item # variance X Site Plan Review S ectal Permit Setback Variance Access other than Froma e S ectal Permit Parkin Variance Fronta a Exce lion Lot S ecial Permit Lot Area Variance Common Drvewa S ecial Permit x Hei ht Variance Con re ate Housln S ectal Permit Variancefor Si n Continuing Care Retirement Special Permit S eclat Permits Zonin Board Inde ardent Elder] Housin S edol Permit S ecial Permit Non-Confonmin Use ZBA Lar a Estate Condo S tial Permit Earth Removal S tial Pemih ZBA Planned Development District S ecial Permit 5 ecial Permit Use not Listed but Similar Planned Residential Spec a ermit Special Permit for Sin R-6 Densily bipeciai Permit S ecial Permit pree)dPI'sting nonconformin Watershed S ecial Permit Plan Review Narrative The following narrative is provided to further explain the reasons for denial for the application/ permit for the property indicated on the reverse side: Item Reasons for Denial Reference Variance 8.9, paragraphs 8.9.3.c.i and 8.9.3.cii for relief of height requirements (12'ft extension). Amend decision petition 2003-023 dated August 18, 2003. Planning Board Decision dated October 25, 2006. Special Pennit-Site Plan Special Pennit. New England Wireless Solutions, lic February 2, 2011 North Andover Board of Appeals Town of North Andover 1600 Osgood Street North Andover, Massachusetts 01845 Re: Application for Dimensional Variance to Extend the Height of an Existing Wireless Services Facility at 723 Osgood Street, North Andover, MA (Town of North Andover Map 35 Lot 23) Property Address: 723 Osgood Street North Andover, MA (the "Property') Applicant: MetroPCS Massachusetts, LLC ("MetroPCS") BOS1400_B Dear Cbaimian and Members of the Board As agent for and on behalf of MehroPCS Massachusetts, LLC ("MetroPCS") the "Applicant," we respectfully submit the enclosed Application for a variance from Zoning By - Law Section 8.9.3(cxi) and 8.9.3(c)(ii)(height of ground -mounted facility) to extend the height of the existing Wireless Services Facility located at 723 Osgood Street (the "Stevens Estate"), a variance from Zoning By -Law Section 8.9.4 (a)(iiixcolor ), and any other relief the Board deems necessary to permit the proposed wireless installation as described below. Alternatively, the Board may prefer to consider the Application as one to amend the existing variance granted to AT&T Wireless PCS, LLC in Application No. 2003-023, filed with the North Andover Town Clerk on August 26, 2003. The Applicant seeks to co -locate and operate its Wireless Facility on the existing ground - mounted wireless facility now owned by Towerco Assets LLC (successor in interest to Sprint PCS). In order to co -locate on the existing tower structure, the structure must be increased in height by a net total of 12 feet. MetroPCS's antennas are proposed to be located at a centerline height of 106' feet, with the top of the antennas at 1 11+/-'. MetmPCS has entered into a lease agreement for antennas and equipment space with the tower owner. The Wireless Facility is shown on the plans submitted herewith and incorporated herein by reference (the "Plans"). In addition to the request for all necessary zoning approvals, MetroPCS offers the following supporting information. A. Background MetroPCS is licensed by the Federal Communications Commission to construct and operate a wireless telecommunications network in various markets throughout the country, 17 Indian Trail York, ME 03909 (207) 363-0006 w equade@eanhlink.net Chairman North Andover Board of Appeals February 2, 2011 Page 2 including the State of Massachusetts and, in particular, in the Town of North Andover. MetroPCS is in the process of designing and constructing a telecommunications system to serve all of the State of Massachusetts. One of the key design objectives of MetroPCS's system is to provide seamless coverage without gaps or dead spots. Such a system requires a grid of radio transmitting and receiving links located approximately 1.5 to 2.5 miles apart, depending on the location of existing and proposed installations in the surrounding area as well as the existing topography. The radio transmitting and receiving facilities operate on a line -of -sight basis, requiring a clear path from the facility to the user on the ground. This dynamic requires the antennas to be located above the tree line, and in a location where the signal is not obstructed or degraded by other buildings or by topographical features such as hills. B. The Facility As shown on the Plans, the existing 99' monopole will be extended in height by a total of 12 feet to make sufficient room for Me"PCS's antenna equipment. The equipment will consist of 3 panel antennas. The antennas will be connected via co -axial cable to three (3) equipment cabinets located at the base of the existing flagpole as shown on sheet Z-2 in detail. After MetroPCS's installation, the facility's existing operations will be unchanged. MetroPCS's equipment will be unmanned and will only require twice a month maintenance visits. The only utilities required to operate this facility are standard 120 -volt electrical power as well as telephone service. These are presently in place within the existing compound. The traffic generated by the facility will be about two vehicle trips per month by maintenance personnel who will inspect the facility to ensure it remains in good working order. The facility will comply with all applicable local, state and federal safety codes. C. Compliance with the Zoning Ordinance and Site Plan Review Regulations As set forth above, the Applicant believes that with the granting of appropriate variance relief as was granted to the original monopole applicant, it satisfies the requirements set forth in the Zoning Bylaw, and that the proposed site meets all of the objectives of the Special Permit criteria for a Telecommunications or Wireless Services Facility to the extent applicable, of the Town of North Andover's Site Plan Review Regulations. The Applicant trusts that the Board agrees that the Property is a sensible location for a co - location of MetroPCS's personal wireless services facility and satisfies the Town of North Andover's goal of rational siting of such facilities, as well as the Zoning Ordinance's requirements for such facilities. Dimensional Variances Chairman North Andover Board of Appeals February 2, 2011 Page 3 As with the existing facility, MetroPCS's co -location requires variances from the height limitation of the bylaw. MetmPCS submits the following arguments in support of our position that the Applicant meets the standards for grunting of variances. We submit, however, that even if the Board members believe that MetroPCS's circumstances do not strictly meet the variance conditions, MetmPCS's status as an FCC -licensed wireless services provider, and the presence of a significant gap in its existing coverage, constitute other unique conditions which the Board must consider in order to apply its bylaw in a manner that is consistent with the Telecommunications Act of 1996. The Act contains several provisions that directly affect zoning procedures for towers and other wireless communications facilities in Massachusetts. The statutory provisions of the Act are designed to ensure that wireless providers are able to build -out and operate their systems in conformance with FCC mandates that adequate wireless service, including E-911, be provided to the public. Under the Act, municipalities may not prohibit, or have the effect of prohibiting, the placement, construction, or modification of communications towers, antennas, or other wireless facilities in any particular geographic area See 47 U.S.C. §332(c)(7)(Bxi). Additionally, no municipal law or planning or zoning board action may prohibit, or have the effect of prohibiting, the ability of an entity to provide telecommunications service. See 47 U.S.C. §253(a). In Nextel v. Wa land, 231 F. Supp. 2d 396 (D. Mass. 2002), and MetmPCS Communications MB Operations LLC v. Town of Lincoln, 107 F. Supp. 2d 108 (D. Mass. 2000), the courts held that, notwithstanding a wireless applicant's inability to meet the strict requirements for a variance, a municipality must approve a variance for wireless facility if denying the petition would result in a "significant gap" in wireless services within a municipality because such denial would amount to an effective prohibition of wireless services. See 47 U.S.C. § 332(c)(7)(Bxi)(II). The court recognized that "an effective prohibition can exist even where a town allows for the erection of [wireless communications facilities] but subject to criteria which would result in incomplete wireless services within the town, i.e., significant gaps in coverage within the town." Town of Lincoln. 107 F. Supp. 2d at It 7. The Wayland court held that the need for closing a significant gap in coverage constitutes another unique circumstance when a zoning variance is required (emphasis added). Id. at 406-407. While municipalities have discretion in deciding where telecommunications installations may be allowed, they must also provide the appropriate areas for such installations. In National Tower v. Frey, 2002 US App. LEXIS 14465 (1' Cir., July 18, 2002) the Court, citing the District Court decision of Omnipoint v. Town of Lincoln, 107 F. Supp.2d 108 (D. Mass. 2000), observed that "Several courts have held that local zoning decisions and ordinances that prevent the closing of significant gaps in the availability of wireless service violate the statute. Chaimtan North Andover Board of Appeals February 2, 2011 Page 4 Consequently, a municipal Zoning Board is under a legal duty to interpret their Ordinance in a manner that avoids violating the Act. Under Massachusetts case law, statutes must be interpreted in such a manner to be legal and to give reasonable and sensible effect to other statutory provisions. Goldsmith v. Reliance Insurance Co. 353 Mass. 99, 228 N.E.2d 704 (1967); Everett v. Revere 344 Mass. 585, 183 N.E.2d 716 (1962); Manning v. Boston Redevelopment Auth.. 400 Mass. 444, 509 N.E.2d 1173 (1987). The Massachusetts Supreme Judicial Court acknowledges the duty to construe statutes to avoid constitutional issues and attributes to municipalities the intention to enforce ordinances to the extent constitutionally permissible to do so. Attorney General v. Colleton. 387 Mass. 790, 444 NE2d 915 (1982); Beeler v. Downey. 387 Mass. 609, 442 NE2d 19 (1982); Lopes v. Pea 417 Mass. 299, 629 N.E.2d 1312 (1994). The Board has an express legal duty to interpret the Ordinance to prevent a violation offederal law. Based on the legislative framework of the Act, it is clear that "Congress intended to develop a first-rate, effective framework, not one marked by gaps, dead spots, and areas without coverage." See 360 Communications Company v. Board of Supervisors, 50 F.Supp.2d 551, 562 (W.D. V ir. 1999). If the Ordinance is interpreted in such a manner that even an existing wireless communications facility located in a permitted zoning district is not entitled to such modest variance relief, MetmPCS's network will have a significant gap and dead spot, effectively prohibiting it from providing adequate telecommunications services to the public as provided in the Act. MetroPCS's Significant Gap in Coverage As this Board is aware, on March 3, 2009, MetmPCS was granted a special pemtit from the Planning Board for an interior antenna installation at the Trinitarian Congregational Church on Elm Street. During that hearing process, MetroPCS stated that the wireless location at the Stevens Estate was a supplement, not an alternative, to the Elm Street location. The town's wireless consultant, Mark Hutchins, examined MelroPCS's data and reached the same conclusion. A copy of Mr. Hutchins' report will be submitted into the record. As is evidenced by the radio frequency coverage plots and MetroPCS's Affidavit of RF Engineer, the wireless coverage provided by the Elm Street facility is not sufficient to provide reliable in-home or in -vehicle coverage to the area of North Andover containing Great Pond Road and Osgood Street. This area contains a significant clusters of residential housing and a major arterial roadway, Route 125. As was anticipated before, the logical means of addressing that service gap is the use of Chairman North Andover Board of Appeals February 2, 2011 Page 5 the town's Stevens Estate property. It is an existing facility, the modest increase in height will be minimally intrusive, and it does not result in the building of a new tower. On the basis of this information, it is apparent that a dimensional variance is the least intrusive means of addressing MetroPCS's coverage gap, and therefore, the Board should grant its request consistent with the TCA. Circumstances Especially Affecting the StructureA of Unlike other land and structures in the zoning district, this site has unique radio frequency characteristics due to the topography of the land, the height of the existing tower, and the absence of any other available existing structures of equivalent height within the narrow, search area specified by MetroPCS's modeling. When seeking to locate a wireless communications site, MetmPCS first searches for existing buildings or structures that provide sufficient height for antennas to achieve the necessary reliable signal coverage. The purpose of this exercise is to minimize visual impact and avoid, wherever possible, the necessity of introducing a new tower structure to the community. These goals are consistent with the wireless bylaw's intent not impair the character and appearance of the neighborhood and to produce facilities in a manner harmonious with surrounding land uses and protecting open space. As there are no other less intrusive alternative structures or buildings in the vicinity, special conditions and circumstances exist which especially affect the proposed property and do not generally affect the district as a whole. Where the critical element in the development of each facility is its ability to integrate with a network of surrounding sites, and subsequently, for each cluster of sites to function within a regional network, there is an underlying premise that each site chosen by MetmPCS for a facility possesses a unique location and topographic characteristics. MetmPCS has demonstrated in its application, using propagation maps and engineering data that the Site is unique in that it possesses the confluence of conditions necessary to allow MetroPCS to eliminate one of its coverage gaps in the Town of North Andover. The unique conditions of topography and the existing structure at the Site make the site an acceptable location for telecommunications facilities. That desirable relief may be granted without substantial detriment to the Public Good; MetroPCS's proposed facility will enhance the public good by providing communications services to the residents of the Town of North Andover and the surrounding area. Wireless Chairman North Andover Board of Appeals February 2, 2011 Page 6 communications have been cited repeatedly as valuable aid in emergencies, during natural disaster relief efforts and in locations where conventional land -line telephone service is not available. A motorist stranded in her car in a rural, wooded section of Wales, Massachusetts used her wireless phone to initiate assistance from 911. Police Chief Kevin Gleason credited her wireless service for leading rescuers to her. According to the Worcester Telegram & Gazette (3/5/03), Chief Gleason said that if Andrea Driscoll "didn't have a cell phone ... no one would have found her until spring." This facility would not pose a nuisance or a hazard to vehicular or pedestrian traffic. It would not result in an increase to traffic. A technician will visit the site once to twice a month with an SUV type vehicle. The requested facility will not generate air, ground, or water pollution. It will not generate fumes, odor, dust, or glare. It will not require or place stress on any municipal services. And it is minimally intrusive to the neighborhood. Desirable relief may be granted without nullifying or substantially derogating from the intent or purpose of such ordinance. As Section 1.1 of the Town of North Andover Zoning Bylaws states, among the purposes of the Zoning Bylaw are "encouraging the most appropriate use of land, preventing overcrowding of land, conserving the value of land and buildings, providing adequate light and air, reducing the hazards from fire and other danger, assisting in the economical provision of transportation, water, sewerage, schools, parks and other public facilities, and preserving and increasing the amenities of the Town." The proposed placement of a Wireless Communications facility on an existing wireless communications tower supports each of these stated purposes, and does not represent even a modest derogation of any of them. As noted above, the supply of effective wireless service to the residents of the Town of North Andover enhances the safety of the residents and provides added public requirements (for who today can claim that access to a wireless telephone is not a requirement?) to the citizens of North Andover. The requested facility will lessen the danger from fire, congestion and other hazards, as well as improve access to public services by residents and visitors alike. The increased availability of, and competition in, wireless communication services will benefit residents of the Town of North Andover and provide them with added amenities. Finally, the proposed placement of this facility within the existing location promotes the appropriate use of land. Chairman North Andover Board of Appeals February 2, 2011 Page 7 For all of the above reasons, the Applicant requests that its variance request be granted. D. Conclusion MetroPCS is one of a limited number companies licensed by the FCC to provide service to the residents and businesses of North Andover. As a licensee of the FCC, MetroPCS is mandated to build out and operate its systems such that adequate wireless service is provided to the general public. Based upon the radio frequency studies and computer models, MetmPCS has determined that the proposed co -location is needed to provide reliable wireless technology to the Town of North Andover. Accordingly, MetroPCS respectfully requests that the requested Special Permit be granted pursuant to the submitted application. Please feel free to contact me regarding any questions concerning the application at 207- 837-0127. V owl, Bt c e%/'fin_ New England Wireless Solutions Agent for MetroPCS BWPP BOS1400_B Attachments Application for Variance with Fees Zoning Bylaw Denial Variance(s) Decision granted to AT&T Wireless PCS, LLC in Application No. 2003-023, filed with the North Andover Town Clerk on August 26, 2003 Deed North Andover, MA Wireless Facility Analysis (Hutchins Report) Noise Study Radio Frequency Coverage Plots Chairman North Andover Board of Appeals February2, 2011 Page 8 RF Affidavit FCC License Letter of Authorization Certified Abutters List Photo Simulations Plans �L�OS%I'CQO b7 21 FAr Oil 688 9556 TOWN OF NORTH ANDOVRR Town of North Andbver Office of the Zordug Board of Appeals Community Development and services Divi 27 Charles Street . North Andover, M095achusetts 01845 - D, Robert Nicetta Building Commissioner Any appeal shall be Hied within (20) days ager the data offitmg If this notice in the ofi3os of the Tom Clerk. Member Noticeof lirelsisv Year 2003 Property at III North Andover BoardofAppeals held apublie hewing at itsregtdar fleeting m 7:30 PM inthe Savior Coma, 12OR Main Sheet, Narth Andover, MA noun the aoPlii .pCS, LLC by and through Its Memba AT&T Andes Services' Enc. and print SO i PCS for l�i'es aBrsned at the Stevens Estate, 723 o"pwi Section 8.9, Pmngnphs 8.9.3.ai and 8.9.3.c.ii for reliefofbeightrequirements m Did antenna,monopole; end regnestingrelidof oolcrrequaemems from Section It% Para complywith FAA Advisory Cacu1a70/7460-IK. ThOmidpremiseaffectedis Prop' side of Osgood Street within the R-1 and R-2 waning districts. The following members was proxnt: WOli®J. Sullivan, Walter F. Soul% John M. and Joseph D. LsOnsse, Upon a motion made by Joseph D. Leer ossa and 2°a by John M. Palloo' door Swim. 8.9, Paragraphs 8.9.cJ for 13'mlief*ow the requirements height to Ip above the avenge building height within 30(y or, ifno and height) to PaInit the construction, opersHem, Maintenance and we of a'. antennas, plus the required FAA lighting to the hbight of 102' and then ,11 1, acaordmhce with the Plans referenced below; and relief for a color 8.9.4.a.iii.2 (restricting color churn V09dalimto light gray or blue) to t canstructon, operehm, maintenance and nae of 100 two-earriermm, required FAA light atop the monopole, in accordance with FAA Advisc FAA's determination for 111c Proposed facility. Therho's are titled Sin Andover, MA 01845, Cascade Number: IIS54XCO60A by James R. Bo #34332, Coto & CUlmlania, Int, 101 Accord Perk Drive, Norwell, M Osgood 12, 2003 Wireless mantemal t in order to igeonthe East days on. filed O eYarimce u'1 ricting. se canopy w nternal'_ A True Copy aof 104`, —_ o.pehmitt3e Town Clerk I ludingthe " a � to in the N Street, North Engineer, 0 A'PTEBT: Paget of ro 2 H ymco:r� A True Copy Town Clerk I Y' " a � N .o -Hood of Alryulw 9]Bfi88-9341 PuiWin6a]8d8&934r Coaeervehim Y/8 -688A330 HwIN Yl8fi6&93 Fleming a]8i88A335 09/1,2/200$ 07:21 FAX 978 688 9558 TO{rN OF. NORTB,ANDOVER - Town of North Andover Office of the Zoning Board of Appeals Community Development and Services Divi 27 Charles Street North Andover, Massachusetts 01843 M Robert Nicetfa Building Commissioner 'Plans" 688-9342 and the fallowing Plein praparod by Greanman-Pedotean,lnn, dated Jwe ] 1, 003: SBERT DESCRIPTION DH ON xgFvrn; ATI -2 SanikLils Title about Dizgmm ATM AT&TANeoae Sabemmic&Oao-Lmo arDC ' > ATT4 AT&T C®stn+dim Notes Site Pian & Nates N TE�2toE4 Pertiat Site lana&Elevation Naim & Draft Dennis 'Gramdm lan&Elevation - (Iroan ' &Elearic DemBi E-5 . Poww & Amman Scberanbc N/A ShaherJ% Poundhtim Details TracbtC, bio. AT&T NIA McRer & Famdatim MMUS- 'h Kld0, Ino. NIA AT&T shelter &FotmdatimaDdails TkAchle.- and the fallowing Plein praparod by Greanman-Pedotean,lnn, dated Jwe ] 1, 003: SBERT DESCRIPTION r_ y�09 ATTl AT&T Cumd Plan xgFvrn; ATI -2 SanikLils Dizgmm ATM AT&TANeoae Sabemmic&Oao-Lmo arDC ' > ATT4 AT&T C®stn+dim Notes The above are collectively referred to a8 the "Plans". Companedto the decision 2002-001, the current Plans were revised to accommodate the connection with the aviation safety lighting required by the Federal Av coosWction details. Voting in favor: William I Sullivan, Walter F.S Joseph D. l:&Cr e. The Board finds that the v public good and without n applicants submitted 12 dr FbmApproval, the previa Alacocnice, and ncnarizad Page2 of3 Ruadof AppvlzM488.9541 BWWU978689A545 Camemeon978-688-95re Huah979499.9540 ry the previous and gmentor in to include certain a P. McIntyre, and detriment to the ng Bylaw. The Mit with Site _o r_ y�09 G] xgFvrn; arDC ' > N .a 09/,12/2.003 07:22 FAX 978 683 9556 TOWN OF. NORTH,ANDOVSR 9004 i gaRtN Town of North Andover � _, ,...+,, Office of the Zoning Board of Appeals -' 4 Community Development and Services Divisio 8 r 27 Charles Street +ge'w...:�o North Andover, Massachusetts 01845 ^�""' Telephone(978). 884541 D. Robert Nicetta Fax (978) 88-9542 Bidlding CommhWnrzer ' Fm1h.cre,if&e rights authaizad by the vmiencaero not exercised wi0rm we (1) of data offfie great. it shall lapse, and maybe re,estabiisbed only offarnotice, and a new hearing. Furthecssmssifa8 ml Permit granted tmderthe provisims mntainad berem shell be de®ed to have lapid attm a two (2) yeast eri from the date m. Which the Special Permit xas g=rad unless eubstmttial usa m (:enstrntdion has c®mmced. it t lapse and may be reestablished only site notice, and anew hearing. 1 Town ofNorth Andover �. Bond ofAppeals, william.i. 8 ivon` Chairman I -Decision 2003-023. i Page 3 of3 I` o c ti [7 i` N y�znl D �y X -a: N Bwrd of A,. -N 978-688-9541 8a,Whg9]8588 9545 Comvivion 9'18-6 889510 RmIN 9]&68&950 Plmiag 978.688-M ESSEX NORTH REGIS] Y O nDEEDS LAWRENGE, MASS. A TRINE COPY: A'"Wr! 1 tcrmm-RcF NOTICE OF DECISION Any appeal shall be Sled within (20) days after the date of filing this Notice in the office of the Town Clerk. Date: October 25, 2006 Date: July 18 thru October 3, 2006 Petition of. Omnipoint Communications, Inc. 15 Commerce Way, Suite B, Norton, MA Premises Affected: Stevens Estate, 723 Osgood Street, North Andover, MA 01845 Map 35, Parcel 23 Referring to the above petition with provision of M.G.L., Chapter 40A, Section l l & Section 8.3, 8.9 & 10.3 of the zoning bylaw for a Site Plan Special Permit in order to allow to co -locate 3 panel antennas concealed within the existing monopole owned by Sprint, one extemal 15” GSM antenna, one external 7" GPS antenna, the construction of 3 equipment cabinets enclosed within Sprint's lease area at the base of the facility, and the expansion of the existing stockade fence to approximately 9'x22'. Premises affected is located within the R-1 and R-2 Zoning District. At a public hearing given on the above date, the Planning Board voted to APPROVE a Site Plan Special Permit with a unanimous vote of 5-0 based on the following conditions: cc: Applicant Engineer Abutters Town Departments Signed: w .0 Lincoln Daley, Tovfm Planner Richard Nardella, Chair John Simons, Vice Chair Richard Rowen, acting Clerk Alberto Angles Jennifer Borax-Kusek ATTEST: A True Copy p `4.",4, Town Clerk „011TH +. ..� EI RECEIVED Town of North Andover 2006 OCT 27 Planning Department PH 0: L9 1600 Osgood Street, Bldg. 20, Suite 2-36 North Andover, Massachusetts 01845 KoRTH ' This is to certiy that twenty (20) days" phone: 978-688-9535 Fax?. R7$ y f+S ,�, 5- - =202-20 hawselapsed from date of decision, filed withw Ming of an appeal X16-29-2007 & 02=450 Date. idd/L,g �n07 Joyce A. Bradshaw Town Glen NOTICE OF DECISION Any appeal shall be Sled within (20) days after the date of filing this Notice in the office of the Town Clerk. Date: October 25, 2006 Date: July 18 thru October 3, 2006 Petition of. Omnipoint Communications, Inc. 15 Commerce Way, Suite B, Norton, MA Premises Affected: Stevens Estate, 723 Osgood Street, North Andover, MA 01845 Map 35, Parcel 23 Referring to the above petition with provision of M.G.L., Chapter 40A, Section l l & Section 8.3, 8.9 & 10.3 of the zoning bylaw for a Site Plan Special Permit in order to allow to co -locate 3 panel antennas concealed within the existing monopole owned by Sprint, one extemal 15” GSM antenna, one external 7" GPS antenna, the construction of 3 equipment cabinets enclosed within Sprint's lease area at the base of the facility, and the expansion of the existing stockade fence to approximately 9'x22'. Premises affected is located within the R-1 and R-2 Zoning District. At a public hearing given on the above date, the Planning Board voted to APPROVE a Site Plan Special Permit with a unanimous vote of 5-0 based on the following conditions: cc: Applicant Engineer Abutters Town Departments Signed: w .0 Lincoln Daley, Tovfm Planner Richard Nardella, Chair John Simons, Vice Chair Richard Rowen, acting Clerk Alberto Angles Jennifer Borax-Kusek ATTEST: A True Copy p `4.",4, Town Clerk T -Mobile USA, IncJOmnipoint Communications, Inc. 723 Osgood Street, Stevens Estate Map 35, Lot 23 Site Plan Special Permit The Planning Board herein approves the Site Plan Special Permit to co -locate 3 panel antennas concealed within the existing monopole owned by Sprint, one external 15" GSM antenna, one external 7" GPS antenna, the construction of 3 equipment cabinets enclosed within Sprint's lease area at the base of the facility, and the expansion of the existing stockade fence to approximately 9' x 22'. The premise affected is located at 723 Osgood Street, Map 35, Parcel 23 within the Residential I and 2 Zoning Districts. This Special Permit was requested by Omnipoint Communications Inc, 15 Commerce Way, Suite B, Norton, MA, This application and additional documentation as cited herein was filed with the Planning Board on June 16, 2006 with subsequent submittals on file. The Planning Board makes the following findings as required by the North Andover Zoning Bylaw Section 8.9: FINDINGS OF FACT: I. The specific site is an appropriate location for the project as it is being co -located on an existing wireless location. 2. The use as developed will not adversely affect the neighborhood as indicated by the analysis conducted by Kemal R. Johari, certified engineer - Radio Frequency Analysis, Marc Chretian, certified engineer -Acoustical Noise Impact Statement (6/12/06), and Semum Engineering Solutions - Flagpole Structural Analysis (12/30/03). 3. The carrier has demonstrated that the facility is necessary in order to provide adequate service to the public. 4. The plan meets the requirements of the Wireless Service Facilities By-law section 8.9. 5. Adequate and appropriate facilities will be provided for the proper operation of the proposed use. Given the majority of work will reside within the existing monopole structure, the visual impacts of the project will be diminutive and preserves the character and integrity of the area. 6. The terata and conditions of this special permit will only become binding upon the successful conclusion of an executed lease agreement with the Town of North Andover for the installation and construction of said project. Finally the Planting Board fords 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) Discontinuance Abandonment O H a) At such time that a licensed carrier plans to abandon or discontinue opemtiorbjfavirelefi�er%4z equipment, such carder will notify the Town by certified US mail of th '5'r�sed-'9ate'- abandonment or discontinuation of operations. Such notice shall be given n6'Rs-hanNO digs[ cco ={< 2 w O m T -Mobile USA, IneJOmnipoint Communications, Inc. 723 Osgood Street, Stevens Estate Map 35, Lot 23 Site Plan Special Permit prior to abandonment or discontinuation of operations. In the event that a licensed carrier fails to give such notice, the wireless service equipment shall be considered abandoned upon discontinuation of operations. b) Upon abandonment or discontinuation of use, the carrier shall physically remove the wireless service equipment placed on the site by the carrier within 90 days from the date of abandonment or discontinuation of use. "Physically remove" shall include, but not be limited to: i) Removal of antennas, mount, equipment shelters and security barriers installed by the tamer (unless the same will continue to be used by the owner) from the subject property. ii) Proper disposal of the waste materials generated by the carrier from the site in accordance with local and state solid waste disposal regulations. c) As a condition of any special permit for the placement, construction or modification of wireless service equipment at the site, "this douse only binding upon successful conclusion of lease agreement with the Town of North Andover^, the tamer shall place into escrow a sum of money to cover the costs of removing the facility from the subject property. Said amount shall be certified by an engineer, architect or other qualified professional registered to practice in the Commonwealth of Massachusetts. Said funds shall be held by an independent escrow agent to be appointed by the carrier and the SPGA. The carrier shall authorize and, as necessary, shall obtain the authorization of the owner of the property to allow the escrow agent to enter upon the subject property to remove the facility when the facility has been abandoned or discontinued. In the event the posted amount does not cover the cost of demolition and/or removal the Town may place a lien upon the property covering the difference in cost. (1) The equipment shall be deemed to be abandoned or discontinued if it has not been used for the purpose for which it was originally constructed for a period of six (6) months or more. Once abandonment or discontinuance has occurred, the carrier shall remove the equipment placed by the carrier from the subject property within ninety days. In the event that the carrier fails to remove the equipment, the town shall give notice to the carrier and the independent escrow agent that the equipment shall be removed by the escrow agent forthwith and the escrow agent, after affording written notice seven days in advance to the carrier, shall remove the facility. 2) Term of Special Per suit. a) A Special Permit issued for any wireless service facility shall be valid for three (3) years, The special permit may be renewed under the same criteria as the original special permit, provided that the application for renewal of the special permit is made prior to the expiration date of the original or any renewed special permit. Additional measures governing the administration of the special permit are found in Section 10.3 of the Zoning Bylaw. b) After the equipment on the facility is in operation, the applicant shall submit to the SPGA, within 90 days of beginning operations and at annual intervals from the date of issuance of the Special Permit, preexistent and current RFR measurements. Such measurements shall be signed and certified by an RF engineer, stating that RER measurements are accurate and are in compliance T -Mobile USA, Inc./Omnipoint Communications, Inc. 723 Osgood Street, Stevens Estate Map 35, Lot 23 Site Plan Special Permit or why the measurements fail to comply with all applicable FCC Guidelines as specified in Section 8.9(4)(c)(1) RFR Filing Requirements of this Bylaw. The measurements shall be submitted for the equipment proposed on this facility. This condition shall he in effect until such time as an additional carrier proposes equipment on this facility. At that time, this obligation will fail upon the proponent of the additional equipment so as to obtain a better measure of the cumulative effect of the facility. c) The applicant and co -applicant or their successor in interest shall maintain the wireless service equipment in good condition. Such maintenance shall include, but shall not be limited to, painting, structural integrity of the equipment. 3. Prior to the endorsement of the plans by the Planning Board, the applicant must comply with the following conditions: a) The applicant shall provide a map indicating the intended locations for testing as required above. b) A bond in the amount of one thousand dollars ($1,000.00) shall be posted for the purpose of insuring that a final as -built plan showing the location of all on-site stmctures. The bond is also in place to insure that the site is constructed in accordance with the approved plan. This bond shall be in the form of a check made out to the Town of North Andover. This check will then be deposited into an interest bearing escrow account. 4. Prior to the start of construction: a) A construction schedule shall be submitted to the Planning Staff for the purpose of tracking the construction and informing the public of anticipated activities on the site. 5. Prior to FORM U verification (Building Permit Issuance): a) The final site plan mylar must be endorsed and three (3) copies of the signed plans must be delivered to the Planning Department. b) A certified copy of the recorded decision must be submitted to the Planning Department. c) The applicant shall adhere to the following requirements (if applicable) of the North Andover Fire Department and the North Andover Building Department: 1. All structures must contain a commercial fire sprinkler system The plans and hydraulic calculations for each commercial system shall be submitted for review and approval by the North Andover Fire Department. Plans and hydraulic calculations for each commercial system must also be supplied to the Building Department. 6. Prior to verification of the Certificate of Use and Occupancy: a) The applicant most submit a letter from the architect or engineer of the project stating that the construction and operetions substantially comply with the plans referenced at the end of this decision as endorsed by the Planning Board. T -Mobile USA, IncJOmnipoint Communications, Inc. 723 Osgood Street, Stevens Estate Map 35, Lot 23 Site Plan Special Permit b) All lighting (if applicable) placed by the carrier on the subject property shall have underground wiring and shall he so arranged that all direct rays from such lighting falls entirely within the site and shall be shielded or recessed so as not to shine upon abutting properties or streets. The Planning Office most approve any changes to the approved lighting plan as submitted by the applicant. c) The commercial fire sprinkler systems (if applicable) must be installed in accordance with referenced standard NFPA 13D and in accordance with 780 CMR, Chapter 9 of the Massachusetts State Building Code. Certification that the systems have been installed property in accordance with the above referenced regulations must be provided from both the North Andover Fire Department and the North Andover Building Department to the applicant. The applicant must then provide this certification to the North Andover Planning Department. 7. Prior to the final release of security: a) A final as -built plan showing final construction and location of the wireless hardware shall he submitted to and reviewed by the Planning Staff. S. Any stockpiling of materials (dirt, wood, construction material, etc.) must be shown on a plan and reviewed and approved by the Planning Staff. Any approved piles must remain covered at all times to minimize any dust problems that may occur with adjacent properties. Any stockpiles to remain for longer than one week must be fenced off and covered. 9. In an effort to reduce noise levels, the applicant shall keep in optimum working order, through regular maintenance, any and all equipment that shall emanate sounds from the structures or site. 10. No equipment or other equipment that will emanate noise -exceeding levels cited herein shall be placed on the exterior of the structure. Such equipment shall be enclosed as shown on the plans. 11. All site lighting shall provide security for the site and structures however it must not create any glare or project any light onto adjacent residential properties. 12. The contractor shall contact Dig Safe at least 72 hours prior to commencing any excavation. 13. 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. 14. Any action by a Town Board, Corunfssion, or Department that requires changes in the plan or design of the building as presented to the Planning Board, may be subject to modification by the Planning Board. 15. Any revisions shall be submitted to the Town Planner for review. If these revisions are deemed substantial, the applicant must submit revised plans to the Planning Board for approval. 16. This Special Permit approval shall be deemed to have lapsed after three years from the date permit granted unless substantial use or construction has commenced Substantial use or construction will be determined by a majority vote of the Planning Board. T -Mobile USA, IncJOmnipoint Communications, Inc. 723 Osgood Street, Stevens Estate Map 35, Lot 23 Site Plan Special Permit 17. The following waivers were granted in determining this decision: a) 8.9.5(d)(ii)(4) — Location Filing Requirements. A map showing the other preexistent and approved wireless service facilities in North Andover and outside North Andover within one mile of its boundary. b) 8.9.5(d)(iii) Siting Filing Requirements. A one -inch -equals -40 feet plan prepared by a Registered Professional Engineer in the Commonwealth of Massachusetts. c) 8.9.5(d)(iii)(3) Siting Filing Requirements. Tree cover on the subject property and all properties directly abutting the subject property, by dominant species and average height. d) 8.9.5(d)(iii)(9) Siting Filing Requirements. Contours at each 2 feet AMSL for the subject property and adjacent properties within 300 feet. e) 8.9.5(d)(iii)(12) Siting Filing Requirements. Lines representing the sight line showing viewpoint (point from which view is taken) and visible point (point being viewed) from 'Sight Lines" subsection below. Q 8.9.5(d)(iv)(1) Site Line Representations. 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 one (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. g) 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. h) 8.9.5(d)(iv)(4) Siting elevations or views at -grade from the north, south, east and west for a 50 - foot radius award the proposed wireless service facility plus from all preexistent public and Private roads that serve the subject property. Elevations shall be at either one-quarter inch equals one foot or one -eight inch equals one -foot scale and show the following: i) 8.9.5(d)(iv)(4)(d) Preexistent trees and shrubs at current height and proposed trees and shrubs at posed height at time of installation, with approximate elevations dimensioned. j) 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. k) 8.9.5(dxv)(5) Appearance shown by at least two photographic superimpositions of the wireless service facility within the subject property, The photographic superimpositions 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. T -Mobile USA, Inc./Omnipoint Communications, Inc. 723 Osgood Street, Stevens Estate Map 35, Lot 23 Site Plan Special Permit 1) 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. m) 8.95(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. n) 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. 18. The following information shall be deemed part of the decision: Plan titled: Sprint Stevens Estate 723 Osgood Street North Andover, MA 01845 Site Number. 4BS-0658-D Site Type: Colocate / Unipole Prepared for: Omnipoint Commtmications, Inc Report: Affidavit of Radio Frequency Expert & Preexistent and Maximum Power Measurements Prepared for. Omnipoint Communications, Inc. / T -Mobile USA, Inc. 50 Vision Boulevard East Providence, RI 02914 Prepared by: Kamal Johari, RF Engineer Omnipoint Communications, Inc. / T -Mobile USA, Inc. 50 Vision Boulevard East Providence, RI 02914 15 Commerce Way, Suite B Norton, MA 0276614 Prepared by: Coler & Colantomio 55 Bobala Road Holyoke, MA 01040 Dated: June 14, 2006 Sheets: Tl, Zl and Z2 Report: 100 ft EE1 Flagpole Monopole Structural Analysis Prepared for: Sprint Sites USA 535 East Crescent Ave Ramsey, NH 07446 Prepared by: Semaan Engineering Solutions 1047 N. 204' Avenue Elkhorn, NH 68022 December 30, 2003 Report: Affidavit of Radio Frequency Expert & Preexistent and Maximum Power Measurements Prepared for. Omnipoint Communications, Inc. / T -Mobile USA, Inc. 50 Vision Boulevard East Providence, RI 02914 Prepared by: Kamal Johari, RF Engineer Omnipoint Communications, Inc. / T -Mobile USA, Inc. 50 Vision Boulevard East Providence, RI 02914 T -Mobile USA, Inc./Omnipoint Communications, Inc. 723 Osgood Street, Stevens Estate Map 35, Lot 23 Site Plan Special Permit Report: Acoustical Noise Impact Statement Prepared for: Omnipoint Communications, Inc. / T -Mobile USA, Inc. 50 Vision Boulevard East Providence, RI 02914 Prepared by: MAC Engineering Inc. 31 Trowbridge Drive North Kingstown, RI 02852 June 12, 2006 M Applicant Engineer DPW Building Department o � � 0 L N� n prn ^ rc 3 �0 W -n o n: P BK 4197 FG 670 .nti0 MUST685 OP BOSTON C,IVERSITy, a Nassachueetta nonprofit educational corporation having an address of eel Coanonwealth Avenue, Boston, Massachusetts 02215 ("Grantor") for consideration of Four million Collar. ($4,000,000.00) paid grants to THE INHABITANTS OF THE TOWN OF NORTH ANOOVBR, having a mailing address of North Andover Town Nall, 120 Main Street, North Andover, Massachusetts 01645 with QUITCLAIM COVENANTS that certain Parcel of land, together with the buildings located thereon, in North Andover, Bases County, maseachusetta as more particularly described as follows A certain tract of land, with the buildings thereon situated, on the Easterly side of Osgood Street in North Andover, Essex County, Maa.achusett., and shown as Parcel "A" on "Plan of a portion of the land of Trustees u/w Nathaniel Stevens located in North Andover, Nass.' dated Cecember 16, 1952, Ralph B. Brasseur C.B. recorded with the Essex North Registry of Deeds as Plan No. 2606, hounded and described as follow., Beginning on the Easterly aide of said Osgood Street on land now or formerly of Saltonstall and at the Southwest corner of the premises hereby conveyed and thence running in Northerly course$ by Osgood Street to land of Greenwood; thence by the Greenwood land and a wall Southeasterly 395 feet; thence more Easterly by the wall 440 feet; thence Southeasterly again 135 feet to the end of the wall in the water of the lake and on the same course in the water 180 feet to the and of another wall also in the water; k, thence following the wall and the shore and then the wall again Southerly and Southwesterly across a smell bay to the shore of �+ the lake (the water so far named being the artificial flowage of the lake); thence Northeasterly, Southeasterly, Northeasterly, On Southeasterly and Southerly by the shore of the lake to a N monument by the shore; thence Southwesterly in a straight line 1879.38 feet to the Northerly turner of Parcel 'B', as shown on sp said plan; thence Southwesterly, more Westerly, 600 feet by said Parcel 'B' to a stake; thence Southeasterly by said Parcel 'B" 160 feet to the Northerly corner of land now or fornerly of said Saltonstall; thence Southwesterly by said Saltonstall land 311.90 feet to Parcel 'C', an shown on said plan, thence Northerly by said Parcel 'C' 42.75 feet; thence Southwesterly by the same 60 feet; thence Southeasterly by the sees 45.45 feet; thence Southwesterly 117.75 feet to Osgood Street and the point of beginning. Also including all Grantor's rights in any land under the waters of the lake adjoining the above-described premia.. co far as Grantor -s title extend.. Q �Dr�e NANOL �Soa IN ruiClv��d BK 4197 F6 Containing 153.15 acre., more or lase, and being a portion of the promisee conveyed to Nathaniel Stevens by Sam D. Stevens at al dated April 17, 1908 and recorded with the Essex North Registry of Deeds in Nock 262, Page 6. Together with the right to maintain the town water pipes through other lands of Abbot Stevens and Horace N. Stevens, Jr., as Trustees under the will of Nathaniel Stevens (the "Trustees of Nathaniel Steven's Estate.) and lands of Abbott Stevens as the .ace ars now laid and used, as described in the Deed to the Grantor hereunder dated December 26, 1952 and recorded with said Deeds in Book 771, Page 178. Reserving to the Txuetse. of Nathaniel Stevens's Estate a right and easement over, through and under a right of way 40 feet in width throughout its entire length along and adjacent to the entire Southerly boundary of the herein described premises from the lake to Osgood Street with the right to lay and maintain water pipes and electricity lines along said right of way and with the right to use the said way for all purposes for which such ways are commonly used in said North Andover, as described in the Deed to the Grantor hereunder dated December 26, 1952 and recorded with said Deeds in Book 771, Page 178. For Grantor'. authority, see Assistant Secretary's Certificate dated January L, 1995 and recorded with the Base. North Registry of Deed. herewith. For Grantor's title reference, see Deed from Abbot x$tsvens and Horace N. Stevens, Jr., Trustee. under the will of Nathaniel Stevens, dated December 26, 1952 and recorded with said Deeds in Rook 711, Page 178. witness my hand and seal this f day of January, 1995. vA rh Y.. 4 a.ee_y E. O1/t�/p5 rig _2_ TRUSTEES OF BOSTON UNIVERSITY Jq,wph V. Nemuriu Ito, Assistant Treasurer J E4 BK 4197 PG 65 COMMOMwE m OF MASSACHUSETTS Suffolk County, as. 9fA In rmaid County and State, on the %2 day of January, y, 199 1994 before me Treasurer Trustees Joseph P. Mercurio, the Maietant Treasurer of Truateee of Soston me University, to known and known by me to be p the person ofexecutingBoston the foregoing instrument acknow for and on behalf of Trustees of Boston University and he acknowledged said instrument, by him executed,to be his free act and deed In his capacity as aforesaid and the free act and dead of Trustees of Boston University. -3- ota Stephen A.w My. expfe, AlewK 1.1 Essex North Registry of Deeds Robert F. Kelley RG300R 7/27/09 15:04:57 Page 1 Selected by Public Inquiry Book: 4197-63 Recorded: 01-13-1995 ® 8:55:00a Inst #: 645 z Chg Y6Vfy:Y Grp: 1 Type: DEED Doc$: 4,000,000.00 Desc: OSGOOD ST PCL A PL 2606 Town: NORTH ANDOVER Addr: OSGOOD ST Gtor: TRUSTEES OF BOSTON UNIVERSITY Gtor: BOSTON UNIVERSITY TRUSTEES OF Gtee: NORTH ANDOVER TOW OF Ref By:12-16-1998 RESTNRESTRICTION In book:5279-24 Recording Fee: .00 State excise: .00 Surcharge: .00 -------------------------------------------------------------------------------- NORTH ANDOVER, MASSACHUSETTS WIRELESS FACILITY ANALYSIS MetroPCS Massachusetts, LLC d/b/a MetroPCS Proposed Site #BOS0380C at Trinitarian Congregational Church, 70 Elm Street Prepared by Mark F. Hutchins Radiofrequency Engineer January 19, 2009 www.MarkHutchins.org Brattleboro, VT 05302-6418 02009 Mark F. Hutchins Broadcast Services, Inc. Copyright claimed in the Analysis. Report copying is allowed by the Town, Applicant, and federal/state reviewing agencies for planning and permitting procedures. Brief quotations are allowed by other parties with proper attribution. 1. EXECUTIVE SUMMARY 1.a. The proposal, by MetroPCS Massachusetts, LLC d/b/a MetroPCS ("MetroPCS"), to con- struct a personal wireless communications facility at Trinitarian Congregational Church ("Church") is based on a reasonable expectation to establish its network. Technical studies supplied by the applicant, and corroborated by independent modeling, indicate that the pro- posed facility is a necessary network component within the Town of North Andover. 1.b. The proposal meets Town of North Andover Zoning Bylaw' goals and requirements re- lating to RF engineering issues, as discussed herein. Infrastructure of the type being pro- posed is necessary for Personal Wireless Services2 ("PWS"); in particular, Advanced Wire- less Services ("AWS") spectrum has been allocated by the Federal Communications Com- mission ("FCC") in response to "explosive growth in the demand for both voice and data ser- vices."' This is coupled with an expectation of continuous service not only along roads and in vehicles but also within buildings. Even with utilization of other existing structures as planned by the applicant for its new network, there will still be an area in the vicinity, primarily east, of the Church with inadequate coverage unless the proposed facility (or cell with substantially similar location) is employed. t.c. The Church steeple will enable placement of 6 transmit -receive antennas, concealed within the structure. All antennas would be placed behind fiberglass RF -transparent re- placement louvers with the exception of a small GPS antenna mounted externally below the louvers. Radiofrequency ("RF") interference to abutters is unlikely; however, local control of interference is preempted by the FCC. Cumulative RF radiation is certain to be within FCC guidelines for human exposure, as long as antenna access is restricted. The Federal Avia- tion Administration ("FAA") requirements for obstruction marking and lighting generally apply to structures exceeding 200' (feet) above ground level ("AGL"), which is not the case. There- fore, it can be assumed that applicant will comply with FAA/FCC height and marking regula- tions. 2. INTRODUCTION 2.a. According to the Telecommunications Act of 1996 ("TCA"), "the term 'personal wireless services' means commercial mobile services, unlicensed wireless services, and common car- rier wireless exchange access services."' The services examined in this analysis are a sub- set of Commercial Mobile (Radio) Services ("CMRS"). According to the FCC, "[t]he primary components of CMRS are currently the Specialized Mobile Radio Service (operating in the 800MHz and 900MHz bands and authorized under Part 90 of our ' Town of North Andover Zoning Bylaw, 118.9: Wireless Service Facilities; Bylaw amended 7/13/08. ' Conventional cellular operates in the 800MHz range. Most paging is below 1,000MHz, which is 1 Gigahertz ('GHz"). Of all Personal Wireless Services, the subsets known as broadband PCS (Personal Communica- tions Services, operating just below 2GHz) and AWS -1 (Advanced Wireless Services, operating at 1710- 1755MHz and 2110-2155MHz) are more difficult from the standpoint of RF propagation. 3 The FCC, regarding AWS. See http://wireless.fm.gov/s wimsrindex.htm?job=service_home&id=aws 4 The Global Positioning System (GPS) antenna is approximately 5" high by 3.2" diameter, see Site Plan Z-2, Elevation; and Z-3, GPS and Antenna Detail. 5 47 U.S.C. § 332(c)(7). The relevant language of TCA Section 704 is attached as Appendix 1. rules), the Cellular Radiotelephone Service (800MHz band, Part 22), and the Broadband Personal Communications Service (1900MHz band, Part 24).e8 Under this definition fall the vast majority of wireless telephony and data services; other per- sonal wireless services include traditional commercial paging services and wireless broad- band (Internet) services. 2.b. The TCA preempted some local regulation, but most land -use jurisdiction was specifi- cally preserved by the Act for local bodies such as the Town of North Andover Planning Board. While it is acceptable to require demonstration of need and to employ rigorous re- view, the TCA requires action without undue delay, and forbids discrimination among provid- ers or decisions that would effectively prohibit personal wireless services. Additional federal preemption is discussed in the RF Interference and Radiation section. 2.c. According to the application with accompanying engineering submissions, MetroPCS is establishing service in the Town of North Andover to meet the requirements of its FCC li- cense. 2.d. The Church enables radio "sight"' along Chickering Road and Osgood Street over a two-mile section that is also Routes 125/133 as it passes through the area intended to be served by the proposed facility. 2.e. The proposed facility includes placement of 6 transmit -receive antennas in the steeple behind fiberglass RF -transparent replacement louvers, along with a small external GPS an- tenna. Given the antenna model proposed, the center -of -radiation (or centedine "C/L") height would be approximately 80' AGL. A secure area for ancillary equipment is proposed inside the church. 3. APPLICATION SUBMISSIONS 3.a. The MetroPCS application material included site plan, RF coverage discussion and pre- dicted -coverage plots, RF radiation statement; additional information was subsequently pro- vided in response to my 12/5/08 request.' 3.b. Figure 1 shows the location of the proposed facility in relation to neighboring applicant cells, as well as three alternative sites and a traffic count discussed later in the analysis. 3.c. The MetroPCS RF engineering submission included predicted -coverage plots that showed 1.) the proposed -site performance alone; 2.) the area of inadequate service resulting if all the other sites were used without the proposed facility; and, finally, 3.) the aggregate of coverage from all sites. The applicant plots used the desired signal (coverage) level that MetroPCS considers the minimum for adequate service. Regarding the signal -strength val- ues shown on the submissions, neither Congress nor the FCC has directly defined what con- stitutes an adequate level; threshold levels will be discussed later in the analysis. 6 FCC WT Docket No. 02-353, "In the Matter of Service Rules for Advanced Wireless Services in the 1.7 GHz and 2.1 GHz Bands", Footnote 6, 11!7/02. 7 The analogy between radio coverege and visible light is discussed in the "Demonstration of Need — General Considerations" section. e Mark F. Hutchins email to Judy Tymon, 12/5/08. 4. DEMONSTRATION OF NEED — GENERAL CONSIDERATIONS 4.a. Personal wireless services are considered "line of sight" because coverage at these higher radio frequencies is generally limited to the area where the antenna could be seen were it not for trees and buildings. While sight is not a literal requirement (the signal does considerable bending — known as diffraction — around obstacles), RF propagation is impaired by hills, buildings, and trees, particularly when the base -station antenna is lower. Shadowing, blockage and, particularly, distance from the transmitter are generally even more critical with proliferation of low-power hand-held transmitters (phones) operating at high frequencies. 4.b. Signals that graze treetops and blocked paths do not mean affected areas will have no communication, but ideally will be avoided. As previously mentioned, MetroPCS uses higher - frequency AWS spectrum, which means terrain and foliage impact will be more severe. Therefore, providers generally seek antenna placement at sufficient height to minimize foli- age losses. Signal strength deteriorates rapidly with increasing distance from the base sta- tion and, particularly with AWS, we may see solid coverage of only a mile or so. Another consideration is that there must be enough overlap of coverage to allow handing off mobile users as they travel from one cell to another. 4.c. In attempting to illustrate how radio waves travel to the desired destination, the analogy is often made between RF propagation and visible light. Preferable to shining a test light is the utilization of "real-world" computer modeling, which calculates signal attenuation and bending caused by the particular terrain and ground cover. The analyses herein employed the widely accepted Okumura9 RF propagation model, with 30 -meter -resolution terrain data. "The Okumura approach is probably the most widely quoted of the available models. It takes into account not only urban, suburban, and rural environments, but also describes the effects of different kinds of terrain. All phenomena and effects can be computed well in practice."10 An empirical model with decades of utilization and refinement, Okumura is particularly sensi- tive to the impact of irregular terrain. The model performs pertinent reliability factoring, which takes into consideration seasonal variation due to foliage. Longley -Rice" and Bullington72 propagation models were also employed; among other uses, the Bullington model has com- puted field strengths in the protected Table Mountain quiet zone near Boulder, Colorado. Questions are sometimes raised regarding prediction versus actual measurements from what is known as a drive test. Both have advantages and limitations. While a drive test indicates the "real world", it is a snapshot — generally on a particular day — that may not sufficiently re- flect seasonal (foliage) and user -traffic variations or even variations in user devices. As a practical matter it is often unrealistic to test indoors or areas inaccessible to vehicles, so the drive test is normally limited to highway/street coverage, which then can be extrapolated to predict overall area coverage. 4.d. Adequate Coverage, as previously noted, has not been directly defined by Congress or in the FCC Rules and Regulations. In adopting PWS siting regulations, some communities ° "Field Strength and Its Variability in VHF and UHF Land -Mobile Radio Service," Yoshihisa Okumura, at al., Review of the Electrical Communications Laborstory, Vol. 16, No. 9-10, Sept. -Oct., 1968. 10 Rada Propagation in Cellular Networks, p. 261; Nathan Blaunslein, Ph.D.; Artech House Publishers, 2000. " "Prediction of Tropospheric radio transmission over irregular terrain, A Computer method -1968", A. G. Long- ley and P. L. Rice, ESSA Tech. Rep. ERL 79 -ITS 67, July, 1968. ""Radio Propagation for Vehicular Communications", Kenneth Bullington, IEEE Transactions on Vehicular Technology, vol. VT -26, no. 4, Nov., 1977. have included coverage definitions. In its objection to the -9500' adequacy level set by the Town of Concord, T -Mobile's predecessor stated in relevant part: "For VoiceStream's network our receiver sensitivity specification for phone makers is -102dBm with 0 gain/loss at the antenna. Then 8db is accounted for with fading losses and 3dB is applied for head/body user loss. After factoring in the variables, this results in a value of-91dB[m] signal strength, which VoiceStream uses for on -street cover- age "14 This is indicative of industry practice employing a reliability margin; Omnipoint/T-Mobile, for instance, more recently has utilized a 9dB fade margin, resulting in a -90dBm on -street goal. This -90dBm (or Concord's-95dBm) level in a yard or outside a vehicle almost always means an even lower signal inside a vehicle and even less inside most buildings. MetroPCS cover- age plots show its desired -88dBm level. In addition to the MelroPCS goal, I also show the previously mentioned -90dBm "on -street" level on my plots, as well as -95dBm which may also provide street service, albeit somewhat less reliably. Failure to achieve MetmPCS's minimum level does not mean there will be no coverage, but rather means there will likely be decreased reliability. 4.e. Adequate Capacity should be considered to the extent that it relates to coverage. While we are initially concerned about the ability of one user to establish and maintain a connection, increasing numbers of users may tax the ability of the cell to handle additional traffic. A sys- tem at maximum capacity would result in a situation comparable to getting a busy signal on a wired phone. In the dynamic wireless environment, the practical outcome of heavier traffic is that the cell size may effectively shrink. A method taken by some providers uses a 10dBm differential to illustrate what is tensed "soft measure of capacity" due to cell "breathing" of the network from increased user access. In other words, coverage at the -88dBm level may ef- fectively shrink to -78dBm coverage under heavy loading, so base station coverage can be quite dynamic as the number of users varies. 41 Coverage plots are for reception of the signal transmitted from the tower, known as the forward -link coverage. In the case of communication between a base station and a hand- held phone, signal from the phone (the reverse link) presents a greater challenge. Keep in mind that the links must work in both directions in order to have successful communication. However, calculating and mapping the reverse link is more difficult due to variability in user devices, so forward -link study parameters are chosen to accurately predict the overall two- way situation. In addition to continuous service along principal roads, the expectation of in- building/in-residence service is increasingly taken for granted. While original cellular custom- ers in North Andover employed higher -power portable phones, proliferation of pocket phones and digital devices challenges communication with base stations. 4.g. Adequacy of other providers should be examined, but not used as reason to deny. The TCA limitations include the provision that local "regulation... shall not prohibit or have the at - "The dBm is a power level expressed as decibels ('dB") above one milliwatt. The dB is a logarithmic unit used to characterize a ratio (difference). In the case of RF power, if the second level is twice as much power as the first, it is 3dB higher; if the second level is ten times that of the first, it is 10dB higher; if the second is a million times the power of the fret, it is 60dB higher. As can be seen, the use of decibels enables describing very large power ratios with modestly sized numbers. Note the use of negative numbers, so that -90dBm is 5dB stronger than-95dBm. 14 "VoiceStream's Protest Memorandum Relative to §7.8.2.2. 'Adequate Coverage' as Defined in its Bylaw." Submitted to the Town of Concord, 5117101. fed of prohibiting the provision of personal wireless services."" (Emphasis added.) This is consistent with the underlying basis for the TCA to encourage service competition. 4.h. Where there must be adequate coverage is another point of FCC and Congressional ambiguity. Court decisions originally indicated there must at least be adequate coverage on principal roads. The Third Circuit Court offered this guideline in its Ho-Ho-Kus decision: "We think it matters a great deal, however, whether the'gap' in service merely covers a small residential cul-de-sac or whether it straddles a significant commuter highway or commuter railway. Unlike a utility such as electrical power, cellular service is used in transit, so a gap that covers a well -traveled road could affect large numbers of travelers— and the people who are trying to communicate with them. Over the course of a year, the total disruption caused could be quite significant. "16 At a minimum, the Route 125/133 travel corridor is a principal highway, as evidenced by traf- fic data,'' and it should enjoy coverage without a significant gap. Although "significant gap" may seem somewhat subjective, consider that to a user, even a small gap might cause a call to be dropped that will not automatically re-establish itself even when the caller exits the gap. Importantly, tremendous subscriber growth since the Ho-Ho-Kus decision means users ex- pect more widespread coverage than just along principal highways. A 2005 decision in the U. S. District Court for New Hampshire'8 was instructive in confirming that in-building/in-home service is also an important consideration: "In evaluating the extent of a gap in coverage, courts have considered the availability of both in -vehicle and in -building service. See, e.g., Sprint Spectrum. L.P. v. Willoth, 176 F.3d 630, 643 (2d Cir. 1999). Therefore, the [Dunbarton] ZBA's conclusion, based on town counsel's representation, that in-home service was not pertinent for purposes of satisfying the requirements of the TCA was legal error and was also inconsistent with the evidence of record.t9 4.i. The issue of whether cellphones should be used by driver subscribers clouds the ques- tion of in -vehicle service. Many drivers employ hands-free phones and some devices can re- ceive data without any interaction with the driver; furthermore, passengers often are the in - vehicle users. Therefore, in -vehicle service should be considered a valid MetroPCS goal. 4.j. Questions are often asked regarding alternatives, such as satellite phones and roaming coverage. The former is useful for those who must have coverage virtually anywhere in the world, but satellite phones and rates are expensive. Moreover, TCA provisions must be met without regard to availability of satellite service. Roaming coverage allows users to maintain and initiate wireless service when they leave the coverage area of their home provider, albeit at possibly higher cost. Often, the licensee for the subscriber's operating frequencies will change between different geographical areas, and roaming allows seamless — usually auto- matic — coverage for the mobile user without regard to who holds the license. Being able to 1647 U.S.C. § 332(c)(7)(S)Umitafions:(i)(II). See Appendix 1 for the entirety, of TCA Section 704. 16 Cellular Tel. v. Zoning Bd. of Adj. of Ho-Ho-Kus, 197 F.3d 64 (3rd Cir. 1999). 17 Merrimack Valley Planning Commission, History of Average Daily Traffic shows 16,955 daily on Osgood Street during May, 2007. The counter point is indicated in Figure 1. 16 U.S.C.O.C. v. Dunbarton, 04 -CV -304 -JD; 04/20/05. 1B Decision, Footnote 2: "It is true, however, that'[w]here holes in coverage are very limited in number or size (such as the interiors of buildings in a sparsely populated rural area, or confined to a limited number of houses or spots as the area covered by buildings increases) the lack of coverage likely will be de minimis so that denying applications to construct towers necessary to fill these holes will not amount to a prohibition of service.' Willoth, 176 F.3d at 643-44. In this case, the ZBA rejected all evidence of gaps in service to homes and did not find that any such gaps were merely de minimis." take your phone on a cross-country trip is a benefit of roaming, and is also likely to be seen near state lines as outlined in the Pelham case20 in New Hampshire. (A customer in Pelham may receive roaming service from a Lowell provider due to her or his proximity to the state border.) Another type of roaming — switching between spectrum blocks licensed to different providers within the same area, known as in -market roaming — is not always seamless. It is contingent on two important factors, the first being that the customer has a phone that is multi -mode in a way that ensures compatibility with the other system. According to the FCC, "Another technical consideration in the context of roaming is that, in order for roaming on digital networks to be successful, a customer must have a handset that employs the same digital standard (e.g., GSM or CDMA) as the carrier on whose network the cus- tomer is roaming. Thus, a carder that uses GSM would not be expected to enter into an agreement with a carrier that uses CDMA, because the customers of each carrier would not be able to access the other carriers network. This, of course, limits the number of carriers in a given geographic area that can enter into roaming agreements. However, if, in the future, handsets become available that employ multiple digital technologies or software -defined radio capabilities, this may reduce or eliminate technical impediments to the subscribers of any carrier roaming on any other carrier's network. "21 In view of the above FCC technical consideration, It is my opinion that roaming should proba- bly not be considered a viable alternative for adequate coverage. 4.k. Finally, in spite of any power increase from the base station, return signal from hand- held phones can only be increased a small amount,' so the base station's ability to "hear" or receive adequate signal limits the usefulness of increasing base station forward power. 5. DEMONSTRATION OF NEED — SPECIFIC CONSIDERATIONS 5.a. Figure 1 is a shaded -relief map showing the planned and alternate North Andover sties, along with the proposed facility location. 5.b. For the propagation study (Figures 2-8), a grid of 14,257 equally -spaced study points (each one 50 meters23 from the next) was employed over the 13.8 square -mile study area consisting of the northern portion of North Andover. Resulting coverage plots are for signal transmitted from the lower, known as the forward link. Industry practice is to employ suffi- cient loss margins to reliably guarantee useful signal. In this case, the supposition was that results are indicative of 95% of the locations at that point.24 Percent -of -locations is a reliabil- ity indication, meaning that it can be assumed that the majority of locations (at the particular study "square") will receive that signal level. 5.c. Each coverage plot displays three signal levels25 and the weakest/lightest (-95dBm) is the minimum considered useable by many providers for coverage under good conditions. 20 second Generation Properties, LP v. Town of Pelham, 2002 WL 31819852 (1 at Cir. 2002). 21 See Reexamination of Roaming Obligations of Commercial Mobile Radio Service Providers, WT Docket No. 05-265, Notice of Proposed Rulemaking, 147; 8/24/05. In many areas of poor coverage, the base station may already be setting the handsel to full power output. "A 50 -meter distance is approximately 164 feet. This distance was used for graphing purposes; note that for the study, the terrain data was sampled every 30 meters for greater accuracy. Grid spacing of 50 meters means each study point represents an area of 0.618 acres; there may be some signal variation within an area that size. Remember the earlier discussion of negative numbers: -88dBm is 10dB weaker than-7BdBm. The legend parenthetical number indicates the number of study points that meet the specified signal threshold. The middle level is for -9OdBm and will work well in out-of-door and most vehicle situations. The strongest/darkest (-88dBm) level corresponds to the MetroPCS goal shown on its maps. Remembering the discussion at 4.d., failure to meet any threshold does not mean there will be no service, but makes it likely that calls will be more difficult to place and maintain with quality acceptable to most users. 5.d. Figure 2 shows AWS coverage from neighboring sites; this plot shows only the -88dBm level used by MetroPCS and for the most part is comparable with the applicant prediction of coverage without the proposed facility.26 Figure 3 shows existing coverage with addition of the -9OdBm and -95dBm levels. Keeping in mind the discussion of capacity at 4.e., indicated -95dBm coverage may effectively shrink 'to the -88dBm coverage (or possibly even less) when there is heavy user traffic. So while Figure 3 doesn't look as unfavorable, areas with lighter shading cannot be considered to have consistently reliable coverage, particularly in- side buildings and when there is heavy network traffic. Therefore, it can be concluded that there are significant gaps along Routes 125/133 as claimed by the applicant and indicated on its mapping. 5.e. A valid question is whether neighboring cells can be adjusted to close the gaps. One method almost always impractical is to increase transmit power at the other sites; while this might improve outbound signal, the talk -back situation remains unchanged, plus there may be an issue of interference to other cells. Coverage and interference both become issues if the sector antenna gain and orientation are changed; in other words, we might modestly help some areas with an antenna change, but at some cost to the system elsewhere. Therefore, I conclude that the other MetroPCS cells cannot be adjusted to help. 51 Figure 4 shows the coverage of only the proposed facility, which covers the problem area well. Figure 5 shows the aggregate of proposed coverage along with that of the other cells, and for the most part this closes the coverage gaps. Note that the legend indicates how many study points (of the 14,257 total) meet the particular signal -strength threshold. 5.g. Figure 6 shows the coverage likely from a facility at the Stevens Estate (ALT1). There is already a collocation flagpole facility there which, as pointed out in an applicant submission, appears unable to accommodate additional antennas. The supposition was that a second structure would be located approximately 500' east of the flagpole and high enough to give adequate tree clearance. Although ALT1 has favorable ground elevation, it is almost a mile from the proposed site and unable to adequately fill the coverage gap. Indeed, its coverage footprint is far enough away that it might prove to be a good location for a second facility, al- lowing the applicant to completely close the gap along Route 125 in the northern portion of the Town. 5.h. Figures 7 and 8 show coverage from using the 1 High Street smokestack (ALT2), and the 21 High Street smokestack (ALT3), respectively. The latter has about a 20' height advan- tage, although both would provide comparable coverage. Due to being higher and closer than the Church, both would more effectively close the Routes 125/133 coverage gap south of the Sutton Street intersection. However, there are two problems with either smokestack: 'Proposed Coverage Without BOS0380C'submitted with the application. The signal strength does not literally decrease; rather, the effective area of useful communication shrinks. Although how this works depends on the modulation scheme, capacity -challenged coverage reduction is common to all systems and providers. First, it isn't clear that either is available. Second, both would require surface -mount anten- nas — perhaps with standoffs to allow sector aiming — which would be more visible than the antennas hidden in the steeple. 6. RADIOFREQUENCY INTERFERENCE & (NON -IONIZING) RADIATION 6.a. The FCC has requirements relating to RF interference, primarily between licensees. In- terference is unlikely beyond the calculated blanketing zone, which is just a few feet for power levels anticipated. Interference is always possible, particularly with poorly designed consumer electronics equipment, but unlikely. Nonetheless, it is impossible to state with ab- solute certainty that there will never be interference to nearby electronic equipment. Signifi- cant to this proceeding is that Town authority to regulate regarding interference was effec- tively preempted by the refusal of the U. S. Supreme Court to hear the Freeman case." 6.b. Each licensee must also comply with FCC RF radiation exposure requirements for the general population, as well as for employees and contractors with antenna access. The ap- plicant submitted an analysis by Dr. Donald L. Haes, Jr.29 to demonstrate likely compliance with FCC guidelines regarding Maximum Permissible Exposure ("MPE") to RF radiation. Dr. Haes made ambient measurements and then calculated the additional exposure likely from activation of the proposed facility. (Some of his assumptions are addressed by the Local Of- ficial's Guide30 published by the FCC.) Note that if we were to directly face one of the trans- mitting antennas, MPE would normally be exceeded only within 5 or 10 feet; otherwise, expo- sure on the ground and other public areas will continue to be substantially below the FCC guidelines after activating the proposed facility. Accessibility is the key to MPE compliance, so restrictive measures are important and, in the case of a steeple (concealed) facility, a pro- cedure must be in place to make sure no worker approaches the area immediately outside the antennas during painting or other maintenance. The applicant should engage the land- lord to ensure adoption of a worker -safety program. 6.c. The Massachusetts Department of Public Health discontinued its notification and ap- proval requirement for RF sources in 2002. Beyond addressing the above -referenced safety issues, the Town cannot regulate the placement of the facility on "environmental" or health grounds, although it can seek demonstration of compliance using guidelines of the FCC Of- fice of Engineering Technology Bulletin 65. 0 Freeman, at al., v. Burlington Broadcasters, Inc. at al.. Petition for Writ of Certiorari to the U. S. Court of Ap- peals for the Second Circuit, denied October 2, 2000. 1B RF exposure study by Donald L. Haes, Jr., Ph.D., CHP, dated 11/11/08. 90 A Local Official's Guide to Transmitting Antenna RF Emission Safety. Rules, Procedures, and Practical Guid- ance (June 2, 2000), available at hftp:/Aweless.fm.gov/sifing[FCC_LSGAC_RF—Guide.pdf (The LSGAC is a body of elected and appointed local, State, and tribal government officials appointed by the Chairman of the FCC. It provides advice and information to the Commission on key issues that concern local and State gov- ernments and communicates State and local government policy concems regarding proposed Commission actions) 7. CONCLUSIONS AND PROPOSED FINDINGS OF FACT 7.a. MetroPCS is not able to provide adequate coverage along Routes 125/133, and areas near the Trinitarian Congregational Church, using spectrum for which it is licensed by the FCC. 7.1b. MetroPCS is unable to use nearby sites to provide coverage to its inadequately -served area(s). Roaming, or the use of services that might be available from competing providers, is not a viable coverage alternative for MetroPCS customers. Repeaters and small-scale an- tenna systems are unable to address such a large area of inadequate coverage, since they are primarily intended to provide fill-in of small gaps. 7.c. MetroPCS has proposed use of the existing Church steeple to mount its antennas, re- sulting in almost no visual impact. Other than a small GPS antenna, the main panel -type an- tennas will be mounted inside, and hidden by, the steeple louvers. The existing louvers will be replaced by new ones which, while visually the same, are transparent to RF signals. 7.d. MetroPCS has examined three alternate sites: The Stevens Estate is too far away to close the southern -most coverage gaps along Routes 125/133, and would require a new sup- port structure. The two smokestacks appear viable from the standpoint of RF issues. How- ever, it is unclear that either is available. Furthermore, both would require antennas which would be more visually obtrusive than the proposal for panel antennas concealed inside the church steeple. 7.e. MetroPCS will be in compliance regarding RF radiation exposure as long as it is able to restrict access to the antennas, primarily with regard to construction or maintenance person- nel who might work on the steeple. MetroPCS needs to outline how it will demonstrate com- pliance if and when the facility is activated. 8. STATEMENT OF MARK F. HUTCHINS 8.a. I am a Radiofrequency Engineer and a former broadcast station owner and communica- tions site landlord. I obtained my first FCC license in 1965, and currently hold lifetime FCC General Radiotelephone Certificate PG0111356. 1 am a 37 -year Senior Member of the Soci- ety of Broadcast Engineers ("SBE"), Certified (#1098) as a Senior Broadcast Engineer by the SBE since 1977; 1 have served as Vice -Chair and Secretary -Treasurer of the Boston Chap- ter. I am an 11 -year Member of the Institute of Electrical and Electronics Engineers ('IEEE") and the IEEE Microwave Theory & Techniques Society. 8.b. Over more than 40 years I have prepared numerous FCC applications. Well versed in facility collocation and interference issues, I am an Accredited Frequency Coordinator for FCC Part 74 spectrum below 2 Gigahertz for the State of Vermont — a position I have held for the past 16 years. I am experienced in RF design and analysis, and my clients have included many FCC licensees and government entities. 8.c. I chaired the engineering panel for the 1996 Vermont Law School international RF/Microwave Conference, and was one of two independent engineers who assisted the 1997 FCC radiation study of the multiple -emitter Mount Mansfield communications site. The Vermont Environmental Board submitted results of my RF studies—crucial to land use permit decisions — to the FCC in two Rulemaking proceedings. The National League of Cities and the National Association of Telecommunications Officers and Advisors cited my comments in one of these FCC proceedings to support their reply comments. I authored the chapter on RF exposure prediction and measurement for the book "Cell Towers: Wireless Convenience? Or Environmental Hazard?" published in 2001 (ISBN 1-884820-62-X). 8.d. Numerous local, regional and state planning bodies have employed me to review facility applications and conduct workshops. I have submitted evidence and been qualified to testify before municipal bodies, district environmental commissions, the Vermont Environmental Court, and state and federal courts. U. S. Senator James Jeffords invited me to meet with FCC Chairman William Kennard and Vermont leaders prior to 1998 meetings in that state on tower siting, and subsequently to brief Congressional staff in Washington on siting issues. I regularly assist in development of regulations, and perform wireless telecommunications planning. I work primarily for municipalities, reviewing wireless facility applications. Neither myself individually, nor my corporation, have any business or financial relationship with MetroPCS or any affiliate. I no longer accept site -acquisition work on behalf of any PWS pro- viders or tower developers, and have not done so for over nine years. 8.e. This analysis was prepared personally or under my direct supervision. [ORIGINAL SIGNED] F. Hutchins 10 eµee��pti G 1 `+. a c r r W m N mE � rn a it Nfll N v � W a c �t ,ry o 0 0 0 LL ■. c r ITIO r ITIO r W 7 LL APPENDIX 1 Section 704 of Telecommunications Act of 1996: Text from 47 U.S.C. § 332(c)(7) (7) PRESERVATION OF LOCAL ZONING AUTHORITY. (A) GENERAL AUTHORITY. Except as provided in this paragraph, nothing in this Act shall limit or affect the authority of a State or local government or instrumentality thereof over decisions regarding the placement, construction, and modification of personal wireless service facilities. (B) LIMITATIONS (i) The regulation of the placement, construction, and modification of personal wireless service facilities by any State or local government or instrumentality thereof (1) shall not unreasonably discriminate among providers of functionally equivalent services; and (ll) shall not prohibit or have the effect of prohibiting the provision of personal wireless services. (ii) A State or local government or instrumentality thereof shall act on any request for authorization to place, construct, or modify personal wireless service facilities within a reasonable period of time after the request is duly filed with such government or instrumentality, taking into account the nature and scope of such request. (iii) Any decision by a State or local government or instrumentality thereof to deny a request to place, construct, or modify personal wireless service facilities shall be in writing and supported by substantial evidence contained in a written record. (iv) No State or local government or instrumentality thereof may regulate the placement, construction, and modification of personal wireless service facilities on the basis of the environmental effects of radio frequency emissions to the extent that such facilities comply with the Commission's regulations concerning such emissions. (v) Any person adversely affected by any final action or failure to act by a State or local government or any instrumentality thereof that is inconsistent with this subparagraph may, within 30 days after such action or failure to act, commence an action in any court of competent jurisdiction. The court shall hear and decide such action on an expedited basis. Any person adversely affected by an act or failure to act by a State or local government or any instrumentality thereof that is inconsistent with clause (iv) may petition the Commission for relief. (C) DEFINITIONS.— For purposes of this paragraph (i) the term "personal wireless services" means commercial mobile services, unlicensed wireless services, and common carrier wireless exchange access services; (ii) the term "personal wireless service facilities" means facilities for the provision of personal wireless services; and (iii) the tens "unlicensed wireless service" means the offering of telecommunications services using duly authorized devices which do not require individual licenses, but does not mean the provision of direct -to -home satellite services (as defined in section 303(v)). This final page is intentionally blank. m O m O W m 0 m C) O G m D O m metro'�ICS. Unlimit Yourself. STATEMENT OF RAKESH GOEL, RADIO FREQUENCY ENGINEER I, Rakesh Goal, state as follows I am a Radio Frequency (RF) Engineer employed by MetroPCS in the New England Region, with an office at 285 Billerica Road, Chelmsford, Massachusetts. I am a Radio Frequency (RF) Engineer for the New England Region of metroPCS, with an office at 285 Billerica Road, Chelmsford, Massachusetts. I have a degree in Electronics and Communication and have worked as an RF Engineer for the past 15 years and for the past nine years in the New England Region, in that capacity, I am responsible for the network design in Massachusetts, including the town of North Andover. I have testified as a Radio Frequency Expert in Superior Court, various Planning and Zoning Boards in the states of MA, ME, NH, NJ. MetroPCS is an FCC licensed provider of Advanced Wireless Services (AWS) throughout New England including the Town of North Andover, Massachusetts. In order to meet its obligations under the Code of Federal Regulations 47 C.F.R. 6 27.14(a) , MetroPCS must have in place a network of "cell sites" to serve mobile telephones or portable wireless devices throughout its license areas which includes the Town of North Andover. As shown in the attached application, a typical "cell site" consist of equipment cabinets installed on the ground, roof, or in a room connected to antennas mounted on a tall structure such as a tower, a building or other structures. The antennas are connected to the equipment cabinet via thick coaxial cables, and the equipment cabinet is then connected to regular telephone lines from which calls will be routed to their intended destinations. Cell sites are a vital and necessary part of the infrastructure in MetroPCS network. To maintain effective, uninterrupted service to a mobile device user in a given area, there must be a continuous interconnected series of cell sites that overlap slightly in a grid pattern. Additionally, each cell site must be located within a limited area so that it can adequately interact with all surrounding cell sites and, thereby, provide reliable coverage throughout the cell. In compliance with the requirements of the FCC license, MetroPCS is actively building its PCS network to provide coverage throughout New England. in order to meet its responsibility of providing seamless, uninterrupted service, MetroPCS must continue to acquire interest in sites for additional facilities, and is applying for and obtaining local governmental zoning approvals to construct the sites in order to eliminate gaps in service coverage. Any delays severely curtail MetroPCS ability to satisfy both mandated time requirements, and to achieve a market position that will allow it to compete for customers with other similar companies also issued licenses to operate in this area. Using precise computer prediction models, MetroPCS has determined that a wireless transmission facility at I am a Radio Frequency (RF) Engineer for the New England Region of metroPCS, with an office at 285 Billerica Road, Chelmsford, Massachusetts. I would facilitate MetoPCS communications within the local area and have analyzed the potential benefits this site would represent to the MetroPCS wireless network and its users. I employ a propagation modeling software called Planet EV to determine the RF coverage for the MetroPCS wireless network and identify gaps in the network. This software is finely tuned by empirical data obtained from live drive test measurements. This site was determined to be a suitable location within a narrow search limit specified by MetroPCS propagation software to provide coverage along Route 125, Route 133 and the surrounding areas due to its geographical location, height, topography, and its relation to the surrounding structure and foliage heights. The absence of a telecommunications facility at or near this location would adversely impact MetroPCS' ability to provide the FCC mandated quality of wireless communications services in the area, and would require MetmPCS to locate a different telecommunications facility else where closer to this location. An evaluation of the proposed site has indicated that a wireless facility at this location is required to satisfy the coverage requirements in the area. Any reduction in the proposed antenna height or antenna configuration will result in coverage shrinkage and limits the site's effectiveness to connect to the surrounding sites. This will severely impact the level of service MetroPCS is trying to provide. The proposed telecommunications facility will not interfere with public safety communications, commercial television and/or radio signals and other licensed forms of radio frequency communications. All MetroPCS equipment operating at the proposed location will be compliant with Federal Communications Commissions requirements as well as health and safety standards. Chelmsford, August OS'" 2010 RAKESH GOEL Sr. RF Engineer, IHC1►O 285 Billerica Road, Chelmsford, MA (978) 244 7255 .. Py " Federal Communications Commission Pag e , of 2 a t Wireless Telecommunications Bureau 93 II• ,I, T, r'.. •r Radio Station Authorization LICENSEE NAME: Mat^OPCS AWS, LLC MARK A. STACHIW WETROPCS AAS. LLC 4144 WALNUT H1LL LANE, SUITE B00 DALLAS T% 75231 FCC Registration Number (FRN) 0015005598 Call Sign File Number WOGA731 0002773870 Radio Service AW - AWS, 1710-1755/2110-2155 MHz bands Grant Date ENec1Ne Date Expiration Date Print Date 11-29-2006 11-29-2006 11-29-2021 11-30-2006 Market Number Channel Block Sub -Market Designator REA001 0 0 Markel Name: Northeast Build -out Date I 2nd Buikl-out Date I 3rd Build -out Data SPECIAL CONDITIONS OR WAIVERS/CONDITIONS This authorization is conditioned upon the licensee. prior to initiating operations from any base or fixed station, making reasonable efforts to coordinate frequency usage with known co -channel and adjacent channel incumbent federal users operating in the 1710-1755 MHz band whose facilities Could be affected by the proposed operations. See, e.g.. FCC and NTIA Coordination Procedures in the 1710-1755 MHz Banc. Public Notice, FCC 06-50, WTB Docket No. 02-353, rel. April 20. 2006. AWS operations must not cause harmful interference across the Canadlan or Mexican Border. The (-Special Conditions or Waivers/Conditions" continued on next page ...) Conditions: Pursuantto Section 309(h) of the Communications Act of 1934, as amended, 47 U.S.C. Section 309(h), this license is subject to the following conditions: This license shall not vest in the licensee any tight to operate the station nor any right in the use of the frequencies designated in the license beyond the tens thereof nor in any other manner than authorized herein. Neither the license not the right granted thereunder shalt be assigned or otherwise transferred In violation of the Communications Act of 1934, as amended. See 47 U.S.C. Section 31 Old). This license is subject In terms to the fight of use or control conferred by LTo view the geographic areas associated with the license, go to the Universal Licensing System (ULS) homepage at http:llwireless.fcc.gov/uls and telect "license Search'. Follow the instructions on how to search for license information. :ahr�n:. oma Page 2 of 2 LICens" Name: MetrOPCS AWS, LLC Call Sign File Number Print Dale WOGA731 0002773910 11-30-2006 Special Conditions Or Waivers/Conditions authority granted herein is subject to future international agreements with Canada or Mexico, as applicable. FCC 6D1 -Me TOWN OF NORTH ANDOVER OFFICE OF TOWN MANAGER 120 MAIN STREET NORTH ANDOVER. MASSACHUSETTS 01845 0 Mark H. Rees Town Manager . 4�as... ✓✓B xx•` September 23, 2010 Mr. Robert Train TowerCo 5000 Valleystone Drive Cary, NC 27519 RE: LETTER OF AUTHORIZATION FOR PERMITTING TOWERCO/METRO PCS STEVENS ESTATE Dear Mr. Train: Telephone (978) 688- 9510 FAX (978) 688-9556 Please be advised that TowerCo and/or Metro PCS, and their successors, agents, and assigns (the Applicants), are hereby authorized to apply for all permits and approvals required to collocate an additional antenna on the site at the Stevens Estate in North Andover (the "Site's currently leased by the Town of North Andover to Sprint Spectrum Realty Company pursuant to a Lease Agreement dated October 8, 2002. The granting of this authorization does not constitute any guarantee or commitment whatsoever that the duly authorized granting authorities will in fact grant such permits and approvals and is given for the sole purpose of allowing the applicant to submit and pursue the necessary applications. If said permits and approvals are granted, then before carrying out said permits and approvals, the Applicant shall be required to enter into a Consent Agreement with the Town of North Andover before collocating on the Site, the terms of which Agreement have not yet been determined. 4Sincey,lA� -Q. Rees Town Manage cc: Matthew Boles New England Wireless Solutions, LLC 87 Snowberry Drive South Portland, ME 04106 Attorney Thomas Urbelis, Town Counsel TOWERCO SITE NO:MA2010 NAME: Steven's Estate ADDRESS: 723 Osgood Street North Andover, MA 01845 County of Essex LETTER OF AUTHORIZATION Metro PCS NO: BOS1400B NAME: N. Andover Steven's Estate 1, TowerCo Assets LLC, owner of the above described property, authorize Metro PCS and/or their agent, to act as my non-exclusive agent for the sole purpose of consummating any land -use or building permit application(s) necessary to obtain approval of the applicable jurisdiction for Metro PCS installation of its antennae and related telecommunications equipment on the premises located on the above described property. I understand that this application may be denied, modified or approved with conditions, and that any such conditions of approval or modifications will be the sole responsibility of Metro PCS and will be complied with prior to issuance of a building ermit. Print ame: Grego P. �Capo TowerCo Position: Collocation Project Manager Northeast SWWIryw-Dr. 9@1695559 91916955ID info@m mo.com rca.an Sui m Cv ,, W2)519 Abutter to Abutter( ) Building Dept, ( ) Conservation ( x ) zoning ( ) REQUIREMENT: MGL 4th Seeman tt sated.,pal'Fedn'm Ind. as thea in 'is chapter star mean the pervr alMmes. wren of land dlxq op urs. any core or pnvale wry, and ebteers M 3uMn in ,tree rundred 1300) IM M IM pmpemy line 0 she(91i11arse ae dr. sous M rte mml xenlappkade IY lot nN vatsmWnB tam Me laid of any such am,M le aceto] an another city or learn. the planning MN of to dry a twm, and the plannlry beard of awry access city or toi Interact Pro MAP PARCEL Names 35 23 TOWNOFNORTHANDOVER STEVENS ESTATE Abutters Propmrles Mee Parcel's Name 35 23/2425'331441110 Town of North Andover 35 32 Douglas Keith 35 20, 2B, 38,4B, 7B Great Pond Creasing LLC 35 20.18 BVAS Realty Trust 35 20.SB R. Jude Realty, LLC 35 20.6B Pet, Devlin, OMD 35 19 Willie. Chepulis M 29 Them Realty, LLC 35 50 Osgood Pmperfes 35 26 Douglas Howe 35 16 Airport Commission M 4 George Ouster 74 3815 China Blossom Really Trost 74 4 Patrick Duffy 74 5 John Femmes 74 6.1,6.3,6.4 Landers Family Trust 74 6.2 Dennis Ddnkwater 74 7 850 Osgood Street Trust 74 12 Gail Oja 74 11 Dorothy O'Connor 74 43 Annina Famci 74 22 Kirk Olaen 74 53 Michael Ryan 74 62 James Thoomb 74 23&S4 Knighls of Cloumbus Association, Inc 74 28 David Smolag 74 29 Grain Gilligan 74 30 Armence Va. 74 31 Chadwick Street Nominee Trust 75 1 Law+ence Airport Commission 91 1 North Andover Housing Authenty 91 3 Michael Walsh 91 4 Blair Roberts 91 5 Mary Machado 91 6 Vincent McAloon 91 7 Prince Curtin 91 8 Orchid Casabunl 91 14 Nina Barney 91 15 Jeanette Sutton 91 19 Henry Her 92 B Prescott Nursing Home Address 120 MAIN STREET, NORTH ANDOVER, MA 01845 Addres 120 Main Street, North Antlover, MA 01845 605 Odii Street, North Andover, MA 01845 865 Turnpike Street, North Andover 1019 Osgood Street, North Andover, MA 01845 1007 Osgood Street, North Andover, MA 01845 1009 Osgood Street, North Andover, MA 01845 1018 Osgood Street, North Andover, MA 01845 7 she, Hit Way, Antlover, MA 01810 865 Turnpike Strae4 North Andover, MA 01845 665 Osgood Street, North Andover, MA 01845 492 Su sed Street, North Andover, MA 01845 623 Osgood Street, North Andover, MA 01845 946 Osgood Street, With Antlover, MA 01845 59 Sidney Drive, North Andover, k1A 01845 980 Osgood Street, North Andover, MA 01845 1000 Osgood Street, North Antlover, MA 01845 13 Old Salem Path, Magnolia MA 01930 850 Osgood Street, North Andover, MA 01845 177 Chadwick Street, North Andover, MA 01845 165 Chadwick Street, North Andover, MA 01845 838 Osgood Street, North Andover, MA 01845 159 Chatlwick Street, NoM Andover, MA 01845 880 Osgood Street, North Andover, Mat 01845 870 Osgood Sheet, North Andover, MA 01045 505 Sutton Street, North Antlover, MA 01 a45 67 Surrey Ore, NoM Andover, MA 01845 75 Surrey Drive, North Andover, MA 01845 83 Surrey Drive, North Andover, MA 01845 79 Lacy Street, Nor Andover, MA 01845 505 Sutton Street, Nor Andover, MA 01845 310 Greene Street, Nor Andover, MA 01845 000 Osgood Smash, North Andover, MA 01845 814 Osgood Shared, With Andover, MA 01845 826 Osgood Street, North Andover, MA 01845 790 Osgood Street, North Andover, MA 01845 864 Chickering Road, North Andover, Ma, 01845 30 Foulds Terrece, North Andover, MA 01845 15 Colgate Drive, North Antlover, MA 01845 14 Colgate Drive, North Andover. MA 01845 25 Stacy Drive, Nor Andover, MA 01845 101 Fast State Street, KenneB Square, PA 19348 Page: f chi This certifies that the names appearing on the records of the Asse T Office as of Certified by Date Abutter to Abutter( ) Building Oept. ( ) Conservation ( ) zoning ( ) REQUIREMENT, 11400, all in states F w'PeiM C Interest as used ie his chapter shall hard the annus r. xMN Vapandst lira ouch P>Mmmaamer apnearocly ryear,Me�tapplicaele in— lad.(dlinoerecur 1a, de,afie Iddorpm'atewar.ped-IthysN decay Ninet had�adarcena IY Ib4 ra¢Mtlan6q NTNhI story a no pr10/m, Nadannin9 mansard actergIocateE it Vvdr,' MarE Was cXy ortwm, add he penning Ecard W every aWXing city or twn' o su WProDe . MAP PARCEL Name Address 35 23 TOWN OF NORTHANDOVER 120 MAIN STREET, NORTH ANDOVER, MA 01845 STEVENS ESTATE Abutfers Proaerdes Mea Parcel's Name Assassins 94 3 North Andover High Schrooll" A 120 Main Street, North Andover, MA 01805 99 1 Douglas Daher 841 Chickedng Road. Nom, Andover, MA 01845 100 1 676 Osgood Street Threat 676 Osgood Street North Andovm, MA 01545 100 4 Stephen Adiconis 190 Physical Street, North Ancican r 100 5 Town of Nom, Andover 120 Main Stmet, North Andover, MA 01845 100 6 Thomas Rockwell 6%Osgootl Street, Hand Andover, MA 01845 100 7 Thomas Rackwell, Jr. P.O. Boa 512, NOM Agell MA 01845 100 8 Allen Tarin 661 Osgood Surest. North Andover, MA 01845 100 9 Yuthlra Galinay 657 Osgootl Sheol Nom, Andover, MA 01845 Page 2 of 2 This certifies that the names appearing on the records of the Assesso Ce as of Certified by: Date! T- Q MetroPCS do New England Douglas Howe Dorothy O'Connor Wireless Solutions, LLC 665 Osgood Street 165 Chadwick Street 17 Indian Trail North Andover, MA 01845 North Andover, MA 01845 York, ME 03909 Town of North Andover Airport Commission Annina Faraci 120 Main Street 492 Sutton Street 838 Osgood Street North Andover, MA 01845 North Andover, MA 01845 North Andover, MA 01845 Douglas Keith George Ousler Kirk Olsen 605 Osgood Street 623 Osgood Street 159 Chadwick Street North Andover, MA 01845 North Andover, MA 01845 North Andover, MA 01845 Great Pond Crossing LLC China Blossom Realty Trust Michael Ryan 865 Turnpike Street 946 Osgood Street 880 Osgood Street North Andover, MA 01845 North Andover, MA 01845 North Andover, MA 01845 BVAS Realty Trust Patrick Duffy James Titcomb 1019 Osgood Street 59 Surry Drive 870 Osgood Street North Andover, MA 01845 North Andover, MA 01845 North Andover, MA 01845 R. Jude Realty, LLC John Ferreira Knights of Columbus Ass., Inc 1007 Osgood Street 980 Osgood Street 505 Sutton Street North Andover, MA 01845 North Andover, MA 01845 North Andover, MA 01845 Peter Devlin, DMD Landers Family Trust David Smolag 1009 Osgood Street 1000 Osgood Street 67 Surrey Drive North Andover, MA 01845 North Andover, MA 01845 North Andover, MA 01845 William Chepulis Dennis Dnnkwater Gregg Gilligan 1018 Osgood Street 13 Old Salem Path 75 Surrey Drive North Andover, MA 01845 Magnolia, MA 01930 North Andover, MA 01845 Tiam Realty, LLC 850 Osgood Street Trust Armando Vera 7 Ridge Hill Way 850 Osgood Street 83 Surrey Drive Andover, MA 01810 North Andover, MA 01845 North Andover, MA 01845 Osgood Properties Gail Oja Chadwick Street Nominee Trust 865 Turnpike Street 177 Chadwick Street 79 Lacy Street North Andover, MA 01845 North Andover, MA 01845 North Andover, MA 01845 Lawrence Airport Commission Henry Har Yuthica Galiney 505 Sutton Street 25 Stacy Drive 657 Osgood Street North Andover, MA 01845 North Andover, MA 01845 North Andover, MA 01845 North Andover Housing Authority 310 Greene Street North Andover, MA 01845 Michael Wash 800 Osgood Street North Andover. MA 01845 Blair Roberts 814 Osgood Street North Andover, MA 01845 Mary Machado 826 Osgood Street North Andover, MA 01845 Vincent McAloon 790 Osgood Street North Andover, MA 01845 Patricia Curtin 864 Chickering Road North Andover. MA 01845 Onofrio Casaburri 30 Foulds Terrace North Andover, MA 01845 Nina Gafney 15 Colgate Drive North Andover, MA 01845 Jeanette Sutton 14 Colgate Drive North Andover. MA 01845 Prescott Nursing Home 101 East State Street Kennett Square, PA 19348 North Andover High School TNA 120 Main Street North Andover, MA 01845 Douglas Daher 841 Chickering Road North Andover, MA 01845 676 Osgood Street Trust 676 Osgood Street North Andover, MA 01645 Stephen Adiconis 190 Prescott Street North Andover. MA 01845 Town of North Andover 120 Main Street North Andover. MA 01845 Thomas Rockwell 696 Osgood Street North Andover, MA 01845 Thomas Rockwell, Jr. PO Box 512 North Andover, MA 01845 Allen Tarro 661 Osgood Street North Andover, MA 01845 Noise Control 799 MIDDLESEX TNPK. f BILLERICA MA 01821-3445 PHONE: 978fi70-5339 Engineering, Inc. FAX 976.667-7047 Eanall: nonoise@noisecontrol.m NOISE STUDY TO: Andrey Tsikanovsky, Senior Project Manager COMPANY Hudson Design Group, LLC FROM: Michael Bahtiarian {mikeb(a)noisecontrol.com} DATE: August 25, 2010 SUBJECT: MetroPCS Antenna Site Noise Evaluation, Revision I BOS1400B Stevens Estate 723 Osgood Street North Andover, MA 01845 INTRODUCTION Noise Control Engineering (NCE) has been retained by the Hudson Design Group to perform a site evaluation for a proposed MchoPCS Antenna Site. The proposed equipment is to be located on the ground at/near 723 Osgood Sheet North Andover, Massachusetts. The location is on the grounds of the Steven's Estate. The proposed equipment consists of various MetroPCS equipment including: battery cabinet and Mod Cel] cabinet, cell & GPS antennas as shown on Hudson Design Group drawing, reference [1], sheets 2r1 and Z-2. BACKGROUND NOISE SURVEY NCE performed a background noise survey on the site near the proposed tower installation. The position was located just in the wooded area off the driveway at the hairpin tum as shown in Figure 1. Noise measurements were taken continuously from the morning of September 0 to the morning of September 9a, 2009. The overall results for the four full days measured given in Table 1. The levels are given in decibels Ldn, a logarithmic scale accounting for greater sensitivity at night. NCE also calculated a theoretical minimum Ldn by taking the lowest overall noise level for each five minute sampling period between the three days and re- computing the Ldn using those values. TARI.F 1' Summ Data. All values in Ldm dB(A). Met PCSAntenn SlleEv Iuation_7230s,o Str etNArdovenMA_Rel Date Ldn. dB A 09/04/2009 51.9 09/05/2009 53.7 09/06/2009 49.3 09/07/2009 50.6 09/08/2009 54.1 Met PCSAntenn SlleEv Iuation_7230s,o Str etNArdovenMA_Rel Noise Control August 25, 2010 Engineering, Inc. NOISE LIMIT The "Zoning Bylaws" for the Town of North Andover, Section 8.9(4).e.iv, reference [2] states that ground -mounted personal wireless equipment cannot produce a noise level in excess of 50 dB(A) at the security barrier. The ordinance also requires a measurement of existing noise levels and a prediction of the noise levels with equipment installed in Ldn', but puts no limits on the allowable increase. NOISE EVALUATION; RESULTS NCE used measured noise data from the manufacturer of the wireless equipment cabinets given in reference [3]. Sound Pressure Levels (SPL) were measured at a distance of 5 feet as given in Table 2. TABLE 2: Wireless Equipment Source Sound Pressure Levels (SPL) at 5 feet. Cabinet Axes I Front Ri ht Back Left Measured SPL A 5ft, dB(A) 59 60 65 61 To calculate the noise levels at the security barrier, NCE used the above source SPL with further attenuation for spherical spreading (20xlogR). Table 3 summarizes the results. Figure 2 shows the locations of the north, south, east and west locations for the calculated noise levels. TABLE 3: Calculated SPL at the Security Barrier in dB(A). Direction North South East West Orientation ofEquipment from reference 3 Left Right Back Front Measured SPL 5Q dB(A) 61 60 65 59 Horizontal Distance to Securit Barrier, feet 4 24 5 32 North Andover Limit for Personal Wireless Equipment, dB(A) 50 Excess to Noise Limits, dH 14 1 16 For the Ldn prediction, the same formula for spherical spreading was used as above, except the distances were chosen for the property line as shown in Figure 1. The calculated noise levels were then added to the minimum noise level for each five minute period between the three days and the combined levels were used to calculate an Ldn with the equipment. Table 4 summarizes the results. Although the Town of North Andover imposes no criteria, the Federal Aviation Administration (FAA) considers an increase of 1.5 dB to be significant. 1 Day -Nigh Average Sound Level (Mi -a Ldn) which includes 10 d.M penalty for sounds during night periods (7am to 10pn). 0 Page 2 Noise Control August 25, 2010 Engineering, Inc. FABLE 4: Calculated Ldn at the Property Lines to dB A . I lonm Dismncc m Pro aiv Linc. (t 2040 760 1570 930 Emstin Minimum Theoretical Ldn 48 Calculated t.dn (d Pro Line with rations 48 48 48 48 lnc�e in Ldn. dB 1111 0.0 CONCULSION The proposed cellular equipment to be installed on the grounds of 723 Osgood Street in North Andover, Massachusetts will not comply with the requirements of the Zoning Bylaws of the Town of North Andover. Excess was determined for the North and East sides of the wireless compound due to the fact that the subject equipment is located in the Northeast corner. However, the cell tower compound is located in relatively remote area on the Steven's Estate. The closest property line is 760 feet. Further, noise levels at the four property lines are well below ambient noise and will have no impact on Day -Night Average Sound Levels, Ldn. NCE concludes that the subject wireless cell site should have no impact from noise standpoint on adjacent properties or abutters. REFERENCES 1. Hudson Design Group drawing, `BOS1400B Steven's Estate" drawing numbers C-1, Z-1, Z-2, Revision 0, dated August 14, 2009. 2. Town of North Andover Zoning Bylaw, Section 8 `Supplementary Regulations", Heading 8.9 "Personal Wireless Service Facilities", pages 94-105, Revised July 10, 2006. 3. Lucent Technologies Letter, "Modcell 4.0/4.OB Outdoor Macrocell: Distance Based Noise Attenuation", dated April 28, 2006. .w.r. 1.:rq: r go IL— fir Wwir-- war 0 Page 3 Noise Control Engineering, Inc. August 25, 2010 FIGURE 1: Background noise monitoring location and property line noise calculation locations. mwurLmwe ... tea. Y2Oi 496 �% �-sne�:sem. ate'' ----------- - t sw.n.[au Rw•+vum • e.xprwdrm.reanune w.m, ■ O nd.. c.Wm Logi. waeq Faw w,ores awW�ia.um hi.. CakuWlm L��. R qny lrw • Page 4 Noise Control Engineering, Inc. FIGURE 2: Noise calculation location at Security Barrier. August 25, 2010 • Page 5 LOCUS MAP FOR VISUAL REFERENCE ONLY. ACTUAL VISABILITY IS DEPENDANT UPON WEATHER CONDITIONS, SEASON, SUNLIGHT, AND VIEWER LOCATION SrrE NO Bosl400e SrM NAME: STEVENS ESTATE ADDRESS: 723 OSGOOD STREET NORTH ANDOVER, MA 01845 SITE LOCATION OPHOTO LOCATION PHOTOTOSCALE LOCATIONS NOT metroPCS. SITE TYPE: FLAGPOLE DATE: Mr.M,.MM ve,,.,,�M. 08/26/10 285 BILLERICA ROAD -THIRD FLOOR CHELMSFORD, MA 01824 DRAWN BY: DB SCALE: NTS EXISTING CONDITIONS PHOTO LOCATION 01 VIEW WEST FROM SITE ACCESS DATE OF PHOTO: 08/26/10 SITE NO: eos1400e �yY �y C SITE NAME: STEVENS ESTATE `at V1 V(` '` SITE TYPE: FLAGPOLE DATE: ADDRESS: na OSGOOD STREET 08/26/10 NORTH ANDOVER, MA 01845 285 BIL ERICA ROAD -THIRD D FLOOR DRAWN BY: DB SCALE: NTS PROPOSED CONDITIONS PHOTO LOCATION # 1 VIEW WEST FROM SrrE ACCESS DATE OF PHOTO: 08/26/10 XISTING LIGHTING PENSION bllt NOS BOS14008 ��y� SITE NAME: STEVENS ESTATE ■� e OPCS. SITE TYPE: FLAGPOLE DATE: ADDRESS: 723 OSGOOD STREET u w„x va....e. O8/26/10 NORTH ANDOVER, MA 01845 285 BILLERICA RDAD-THIRD FLOOR CHELMSFORD, IAA 01024 DRAWN BY: DB SCALE: NTS PHOTO LOCATION # 2 VIEW NORTH FROM PRESCOTT ST DATE OF PHOTO.08/26H0 SITE NO: 130S1400B SITE NAME: ESTATE STE TYPE: FLAGPOLE DATE: ADDRESS: na o STEVENSS O STREET 0e/26/10 NORTH ANDOVER, MA 01845 285 cIHBYSFOR W� 018 RD FLOOR DRAWN BY: DB SCALE: NTS EXISTING CONDITIONS PHOTO LOCATION # 4 VIEW SOUTH FROM SUTTON ST/OSGOOD ST INTERSEC110N DATE OF PHOTO: 08/26/10 SITE NO: eosl400e SITE NAME STEVENS ESTATE nit" CS. SITE �E' FIACPotF DATE: ADDRESS: 723 OS000D STREET urden,....x. 08/26/10 NORTH ANDOVER, MA 01845 285 BILLERICA ROAD -THIRD FLOOR CHELMSFORD, MA 01824 DRAWN BY: DB SCALE: NTS PROPOSED CONDITIONS RELOCATED EXISTING OBSTRUCTION LIGHTING PHOTO LOCATION # 4 VIEW SOUTH FROM SUTTON STJOSC.00D ST. INTERSECTION DATE OF PHOTO: 08/26/10 SITE NO BOS1400B DATE: .netmpcs. SITE TYPE: FLAGPOLE SITE NAME STEVENS ESTATE ���CN Vr VJ 08/26/10 ADDRESS: 723 OSGOOD STREET NORTH ANDOVER, MA 01845 285 BILIERICA ROAD -THIRD FLOOR CHELMSFORD, MA 01824 1 DRAWN BY: DB SCALE: NTS n LEASE AGREEMENT THIS LEASE AGREEMENT ("Agreement") dated as of the last date below, is entered into by the TOWN OF NORTH ANDOVER, Municipal Building, 120 Main Street, North Andover, MA 01845 (hereinafter refemed to as "Town") and Sprint Spectrum L.P., One International Boulevard, Suite 800, Mahwah, New Jersey 07495, Alternate Lease Management (hereinafter referred to aa'Tenant"). BACKGROUND The Town owes that certain plot, parcel or tract of land, together with all rights and privileges arising in connection therewith, known as Stevens Estates at Osgood Hill, located at 723 Osgood Street, North Andover, MA (Assessor's Map 35, Parcel 23; Essex North Registry of Deeds Book 4197, Page 63) (collectively "Property"). Tenant desires to use a portion of the Property in connection with its federally licensed communications business. The parties agree as follows: LEASE OF PREMISES. The Town leases to Tenant a certain portion of the Property containing approximately 1,600 square feet as described on attached Exhibit 1, together with a non- exclusive easements) for masoneble access thereto and to the appropriate, in the discretion of Tenant, source of electric and telephone utilities, in the locations approximately shown on Exhibit 1 (collectively, the "Premises"). 2. PERMITTED USE. (a) Tenant may use the Premises for the transmission and reception of communications signals and the installation, maintenance, operation, repair and replacement of its communications fixtures and related equipment, cables, accessories, back-up power sources (including generators and above -ground fuel storage tanks) and related improvements (collectively, the "Communication Facility"); such use includes the right to test, survey and check title on the Property and the right to construct a monopole, associated antennas, an equipment shelter or cabinet, and fencing and any other items reasonably necessary to the successful and seem, operation of the Communication Facility. The Tenant has the right to install and operate transmission cables from the equipment shelter or cabinet to the antennas, electric lines from the main feed to the equipment shelter or cabinet and communication lines from the main entry point to the equipment shelter or cabinet, and to make Property improvements, alterations, or additions appropriate for Tenant's use ("Tenant Changes"). Tenant Changes include the right to construct a fence around the Premises and undertake any other reasonably appropriate means to secure the Premises. Tenant agrees to comply with all applicable gc emonental laws, rules, statutes and regulations, relating to its use of the Communication Facility on the Property. Tenant will be allowed to make such alterations to the Property in order to accomplish Tenant's Changes or to mature that Tenant's Communication Facility complies with all applicable federal, state or local laws, rules or regulations. Tenant shall not install any lighting on the Tower (defined below) unless required by the Federal Aviation Administration ("FAA"). In the event the FAA requires Lighting on the Tower, all lighting installed on the Tower will comply with applicable FAA tales, regulations and requirements and such lighting will not be materially greater in number or intensity than that required by the FAA. Tenant shall not use the Premises for any other purpose without the written consent of the Town. (b) The Communications Facility will consist of the installation of one free-standing monopole, not to exceed 100 feet in height without the Town's prior written consent, with internal antennas capable of accommodating one or more federally licensed carriers (the "Tower"). Any additional structures, including swerves to house equipment and utility connections necessary for operation of the Communications Facility, shall be designed and located to have (1) minimal impact on the existing use of the Property and (2) minimal visual impact on the surrounding land and (3) shall be no greater than 480 square feet in sin and one story in height, as approximately shown on Exhibit 1, without Town's prior written consent. Existing vegetation, suitable landscaping or other means to the maximum extent feasible most screen the monopole and equipment arca, as approximately shown on Exhibit 1. 3. TERM. (a) The initial lease term will be five (5) years ("Initial Term"), commencing upon the Commencement Date, as, defined below. The Initial Term will terminate on the last day of the month in which the fifth annual anniversary of the Commencement Date occurred. (b) This Agreement will automatically renew for five (5) additional years (the "Extension Tenn") unless Tenant provides the Town with notice of its intention not to renew not less than ninety (90) days prior to the expiration of the Initial Term, upon the same terns and conditions. (c) The Initial Term, and the Extension Tenn are collectively referred to as the Term ("Term"). 4. COMMENCEMENT DATE. The Initial Term of this lease shall commence thirty (30) days following Tenant's notice to the Town in writing that Tenant bas obtained all permits and approvals necessary for Tenant to be legally entitled to construct a facility for providing cellular telephone services at the Premises, which permits and approvals shall be pursued with due diligence; provided, Tenant shall not be obligated to commence any litigation in connection with such permits or approvals. 5. RENT. (a) Beginning on that date (the "Rent Commencement Date") which is the earlier of (i) six (6) months after execution of this Agreement by both Town and Tenant or (ii) the Commencement Date, Tenant will pay the Town a monthly rental payment of $2,300, plus any applicable tax, to the Town, at the address set forth above. Rent will be payable semi-annually, in advance, and prorated for any partial month. (b) On each anniversary of the Rent Commencement Date, the monthly rent will increase by three (3%) percent over the previous year's monthly rent. 6. IMPROVEMENTS/MARVTENANCE. (a) The Tenant shall be responsible for the construction and installation of all equipment necessary to operate the Communications Facility, including necessary utility and telecommunications connections. (b) The Tenant shall be responsible for the maintenance and operational costs of the facility. (c) The Town makes no representations of any kind with respect to the Premises, its adequacy to support the equipment, or its appropriateness for the intended use. Tenant will be permitted to inspect any plans, and other records relating to the property in the possession of the Town, and will have access to the Property to make inspections, perform engineering surveys and tests at its own expense and with the prior approval of the Town, such approval not to be unreasonably withheld, conditioned, or delayed, and otherwise to assure itself that the Premises will be suitable for the proposed use. Tenant will be responsible for determining the suitability of the Premises for its intended purposes, and agrees to indemnify the Town for any damage to the property of the Town or to any person arising out of its inspection or testing of the Premises. (d) The Town shall have a right of access to the Premises at al I limes, to inspect the Communications Facility, to take necessary actions to protect the property or persons on the Property, to enforce the terms of the Lease Agreement, or for any other purpose, provided, in no event shall the Town touch or interfere with Tenant's antennas, base station equipment or related equipment. The Town will give the Tenant at least twentydour bouts prior written notice of any request for access to the Premises, except in the event of an emergency posing imminent risk of injury or death to persons or damage to property, in which case the Town will provide notice to Tenant describing the purpose and scope ofsuch access within twenty-four (24) hours after such access. (e) The Tenant agrees that the installation of its equipment and its use will not interfere with use of the Town's property for any purpose for which the Property is being used as of the date the Lease has been executed by both parties. The Tenant also agrees that its use of the Premises will not interfere with use of the Property for 2 wireless communications by other lessees and will make such reasonable changes or modifications to its equipment as may be required by the Town to eliminate or minimize such interference; provided, however, that in no event shall Tenant be required to make any changes or modifications to its equipment that would adversely affect the propagation characteristics of Tenant's Communications Facility or otherwise adversely affect the quality of service provided by the Communications Facility. Tenant and the Town acknowledge that Tenant will be leasing space on the Property to AT&T Wireless PCS, LLC, by and through its Manager, AT&T Wireless Services, Inc. ("AWS") for installation of AW S's communications facility. AWS will pay rent directly to the Town for its use of the Property, in the amounts and with the annual escalation set forth in Section 5 above, and shall be subject to the same terms and conditions with respect to lease term and termination rights and penalties as set forth in Sections 3 and 11 of this Agreement; provided, SSLP and AWS have entered into or will enter into a separate agreement(s) providing for the sharing of site development costs for the Tower and/or related improvements at the Property and such other terms and conditions as are mutually acceptable to SSLP and AWS and not otherwise inconsistent with the terms and conditions of this Lease (including, without limitation, SSLP's and AWS's mutual obligations with respect to interference caused to or by each party's equipment). (f) If the Tenant fails to apply for any permits or approvals necessary to construct or install its facilities within six (6) months after execution of the Lease, and to proceed to concoct or install such facilities within three months after obtaining all such permits and approvals, the Town may terminate the Lease upon written notice to Tenant and, upon termination, the Town shall be free to lease or otherwise dispose of the Premises as it may determine. (g) The Tenant shall not be permitted to begin construction or instal Nation of equipment before obtaining all necessary permits. (h) Rent of the Tenant shall be payable semi-annually in advance. (i) The Tenant shall obtain all necessary permits, licenses, and approvals (collectively, "permits') from the United States, the Commonwealth of Massachusetts, and the Town, necessary for the location and operation of its Communications Facility at the Premises and shall furnish the Town with copies of such permits before commencing construction or installation of equipment at the Premises. The Tenant shall comply with all statutes, regulations and by-laws relating to the maintenance and operation of the Communications Facility. 7. INSURANCE. Tenant will carry during the Tern, at its own cost and expense, the following insurance: (i) "All Risk" property insurance for its property's replacement cost; (ii) commercial general liability insurance with a minimum limit of liability of $5,000,000 combined single limit for bodily injury or death/property damage arising out of any one occurrence; and (iii) Workers' Compensation Insurance as required by law. The Tenant will have the Town named as an additional insured on all policies. 8. INDEMNIFICATION. (a) Tenant agrees to indemnify, defend and hold the Town and its employees and officials harmless from and against any injury, loss, damage or liability (or any claims in respect of the foregoing), costs and expenses (including reasonable anomeys' fees and wort costs) arising out of the installation, use, maintenance, repair or removal ofthe Communication Facility or the breach of any provision of this Agreement, except to the extent attributable to the negligent or intentional act or omission of the Town, its employees, agents or independent contractors. (b) The Tenant shall indemnify, defend and hold harmless the Town, and any and all employees, or elected or appointed officials against any and all claims, whether acted upon prior to or during the lease, arising from any persons or corporation who make claims against the Town, and/or any and all employees, and/or elected or appointed officials, for action wising from the Tenant's failure to full obligations and perform their full due diligence, whether written or implied, to the person or corporation with which the Tenant had made agreements, or proposals, to locate on the property of the person or corporation making the claim. Such indemnification shall include any and all costs for the defense of such claim including reasonable anomey's fees. 9. NON-DISCRLMNATION. The Tenant shall not discriminate against any qualified employee or applicant for employment because of race, color, national origin, ancestry, age, sex, religion, or physicallmental handicap. The Tenant agrees to comply with all applicable Federal and State statutes, rules and regulations prohibiting discrimination in employment. If a complaint or claim alleging violation by the Tenant of such statutes, rules, or regulations is presented, the Tenant agrees to cooperate in the investigation and disposition of complaint or claim. The Town shall impose such sanctions as it deems appropriate for noncompliance with this section. 10. MAINTENANCE; UTILITIES. (a) Tenant will keep and maintain the Premises in good condition, reasonable wear and tear and damage from the elements excepted; provided, however, if any such repair or maintenance is required due to the acts of the Town, its agents or employees, the Town shall reimburse Tenant for the reasombto costs incurred by Tenant to restore the damaged areas to a condition which existed immediately prior a thereto. The Town will maintain and repair the Property (other than the Premises) and access thereto, in good and tenantable condition, subject to reasonable wear and tear and damage from the elements. (b) Tenant will be solely responsible for and promptly pay all utilities charges for electricity, telephone service or any other utility used or consumed by Tenant on the Premises. The Town will cooperate, at no cost to the Town, with Tenant in Tenant's efforts to obtain utilities from any location provided by the Town and/or the servicing utility company, including signing any license or permit (but not to include an easement) required by the utility company. 11. TERMINATION. A. The Town may terminate this Lease upon occurrence of any of the following: (a) Failure by Tenant to pay any rent required hereunder when due, if such failure shall continue for more than ten (10) calendar days after delivery to Tenant of written notice of such failure to make timely payment, or (b) Failure by Tenant to comply with any material term, condition or covenant of Lease, or the failure to comply with any condition of any permit, license, special permit or approval granted to Tenant, or its agents or assigns authorizing and permitting the intended use and/or structures necessary therein, other than the payment of Rent, if such failure is not cured within thirty (30) days within after written notice thereof to Tenant, or in the event of a cure which requires in excess of thirty (30) days to complete, if Tenant has not commenced such ewe within thirty days of such notice and is not diligently prosecuting said cure to completion. B. Tenant may terminate this Lease by written notice to the Town, without further liability, upon occurrence afany of the following: (a) if Tenant docs not obtain all permits or other approvals (collectively, "approval') required from any governmental authority or any easements required from any third parry b operate the Communications Facility, or if, through no fault of Tenant despite Tenant's commercially reasonable effens to maintain the same, any such approval is canceled, expires or is withdrawn or terminated; (b) If the Town fails to have proper ownership of the Premises or authority to enter into this Lease; (c) If Tenant reasonably determines that, based upon an environmental site assessment performed on Tenant's behalf at Tenant's sole cost, the Premises are unsuitable for Tenant's intended use; (d) The Town is in default under this Lease for a period of ten (10) days following mccipt of notice from Tenant with respect to a default which may be cured solely by the payment of money; (c) The Town is in default under this Lease for a period of thirty (30) days following receipt of notice from Tenant with respect to a default which may not be cured solely by the payment of money; or (f) After the Initial Term, if Tenant, for any other reason, in its sole discretion, elects to terminate this Lease. Upon termination, all prepaid rent will be retained by the Town unless such termination is due to the Town's failure of proper ownership or authority, or such termination is a result of the Town's default Upon termination pursuant to subsection (f) above after the Commencement Date, then in addition to the Town's right to all prepaid rent. Tenant shall pay to the Town a termination fee equal to fifteen (15) times the monthly rental payment in effect on the date notice of such termination is given. In the event of termination under this Section 11, Tenant will restore the Premises in accordance with the provisions of Section 14, below. 12. WARRANTIES AND COVENANTS. A. Tenant warrants and covenants that throughout the term of this Lease, Tenant shall maintain insurance in the amounts and forms specified in Section 7 of this Lease. In addition, Tenant shall famish and maintain a Tenant's (construction) liability policy with a single combined limit or $5,000,000 against claims arising out of and in connection to its construction activities on the Premises and Property. Tenant shall furnish the Town with a certificate indicating applicable coverage, which identifies the Town a; an additional insured, prior to the Commencement Date and annually thereafter. Tenant shall maintain the Premises in a clean, safe and sanitary condition throughout the Lease Term. B. The Town represents and agrees (a) that the Town has received no notices that the Property (including the Premises), or any improvement located thereon, arc in violation of any building, lifelsafety, disability and other laws, codes and regulations of applicable governmental authorities; and (b) that Tenant is entitled to access to the Premises at all times and to the quiet possession of the Premises throughout the Term (including any renewals or extensions) an long as Tenant is not in default beyond the expiration of any core period. 13. LIABILITY AND INDEMNIFICATION. Tenant shall at all times comply with all laws and ordinances, and all nils and regulations of municipal, state and federal governmental authorities relating to the installation, maintenance, height, location, use, operation, and removal of improvements authorized herein, and shall fully indemnify the Town against any loss, cost or expense which may be sustained or incurred by the Town as a result of the installation, operation or removal of such improvements. Except for the acts of the Town and the Town's agents or employees the Town shall not be liable to the Tenant for any loss or damages arising out of personal injuries or property damages to the Premises. 14. SURRENDER. Within thirty (30) days following expiration or earlier termination of this Lease, the Tenant shall remove all its personal property and equipment installed at the Premises, and shall, at the request of the Town, remove the tower to be erected by Tenant at the Premises and any accessory building erected by it at the Premises, including any utility connections, and shall restore the Premises to its pre-existing condition, ordinary wear and tear and casualty loss excepted. If the Town does not require removal of the tower or buildings installed by or through the Tenant, it may, by written notice given within five (5) business days of the effective date of such expiration or termination, require the Tenant to transfer such building, structures and connections (but not Tenant's antennas, cables or related equipment), without representation or warranty of any kind, to the Town, or its designee, unless such termination is the result of the Town's default or failure to have proper ownership of the Premises or authority to enter into the Agreement. In the event of termination of this Lease as the result of the Town's default or failure to have proper ownership of the Premises or authority to enter into this Agreement, Tenant shall remove its equipment and improvements (including the Tower) and will restore the Premises to substantially the condition existing on the date the Lease has been executed by both parties, except for ordinary wear and mar and casualty lass. Tenant shall, on the Commencement Date of the Lease, provide the Town with a bond in favor of the Town in the amount of $5,000 to secure the completion of the restoration of the Premises. Upon Tenant's surrender of the Premises any equipment and/or structures mmaining on the Premises shall become the property of the Town, without representation or warranty of any kind by Tenant. 15. ASSIGNMENT AND SUBLETTING, Tenant shall not assign,sublet or otherwise transfer or encumber all or any part of Tenant interest in this Lease without prior written consent of the Town, which consent shall not be unreasonably withheld, conditioned or delayed. The Town's failure to respond to Tenant's request for approval to any assignment, sublease or other transfer within forty-Eve (45) days of written request from Tenant shall be deemed to signify the Town's consent to such assignment, sublet or transfer. The Town hereby expressly acknowledges and consents to (a) Tenant's sublease of space at the Premises to AT&T; provided, in no event shall such sublease be inconsistent with the terms and conditions of this Lease; and (b) Tenant's assignment of this Lease to its affiliate, Sprint Spectrum Realty Company, L.P., a Delaware limited partnership; provided, such assignment shall not relieve Tenant of its obligations under this Lease. 16. NOTICES AND OTHER COMMUNICATIONS. Every notice required by this Lease shall be delivered by postage prepaid return receipt requested certified mail addressed to the party for whom intended at the address appearing in the first paragraph of this Lease or at such other address as the intended recipient shall have designated by written notice. 17. HAZARDOUS SUBSTANCES. The Town represents that it has received no notice of any violations of applicable federal, state or local laws or regulations with respect to the presence of any substance, chemical or waste, oil or hazardons material (collectively, "Hazardous Substance") on the Premises or Property that is identified as hazardous, toxic or dangerous in any applicable federal, state or local law or regulation. Tenant agrees that it will not use, generate, store or dispose of any Hazardous Substance on, under, about or within the Premises in violation of any law or regulation. The Town hereby agn es that it will not use, generate, stare or dispose of nor permit the use, generation, storage or disposal of any Hazardous Substance on, under, about or within the Premises or Property in violation of any law or regulation. 18. WAIVERS. Any waiver of any right under this Lease most be in writing and signed by the waiving party. 19. REQUEST FOR PROPOSAL. All of the terms and conditions of the Town's request for Proposal and the Tenant's response thereto are incorporated by reference into Lease. 20. WRITTEN AGREEMENT TO GOVERN. This Lease is the entire understanding between the parties relating to the subjects it covers and it is further agreed by all parties that this agreement shall be governed by the laws of the Commonwealth of Massachusetts. 21. SUBORDINATION AND NON-DISTURBANCE. This Lease is subordinate to any mortgage or deed of trust now of record against the Premises. However, promptly after the Lease is fully executed, the Town will cooperate with Tenant, at no cost to Town, in Tenant's efforts to obtain a non-disturbance agreement reasonably acceptable to Tenant from the holder of any such mortgage or deed of trust. 22. MEMORANDUM OF LEASE. Neither party shall record this Agreement or any copy thereof; provided, if requested by Tenant, the Town agrees to promptly execute and deliver a recordable Memorandum of Lease in the form attached hereto as Exhibit 2, which such Memorandum may be recorded by Tenant. 23. FORCE MAJEURE. If by reason offorce majcare, either party is unable in whole or in part to carry out any of its obligations under this Lease, said party shall not be deemed in violation or default under this Lease as a result of such an inability during the continuance of such inability, and the time otherwise specified for performance of the subject obligation shall be extended by the actual period of delay caused by the farce mayeure event. The subject party must, however, complete the subject obligation by such time as so extended. The foregoing shall not apply, and there shall be no such extensions, for failure to pay any required amounts under this Lease when due or to obtain and maintain any insurance required under this Lease by and during the time specified. The tens"xm maieure' mused herein shall mean the following: acts of God; acts of public enemies; shortage of materials; orders of any kind of the government of the United Stales of America or of the Commonwealth of Massachusetts or of their departments, agencies, political subdivisions, or officials or any civil or military authority; insurrections; riots; epidemics; landslides; lightning; earthquakes; fires; hurricanes; storms; floods; washouts; weather that makes construction of the Tower impractical; droughts; arrest; civil disturbances; explosions; partial or entire failure of utilities; or any other cause or event not within the control of the disabled party. 24. TENANT'S CERTIFICATIONS. Tenant warrants the continuing truth, accuracy and completeness of the following certifications previously filed with the Town in connection with the Request for Proposals issued for the Property, copies of which are attached hereto as Exhibit 3: Certificate of TaxeslTax Attestation and Certificate of Non -Collusion. IN WITNESS WHEREOF, the undersigned has caused this Agreement to be executed this 1? day of 0 C+ , 2002. WITNESS/ATTEST 4L Print Name WITNESS Print Name 10 TOWN OF NOATH ANDOVER MASSACHU S 1 By re,W. Name: Wk Rees Its: Town Manager SPRINT SPECTRUM L.P. By: 'f�.:� Name: Michael W. Lodcy Its: Director, Site Development—Northeast Region EXHIBIT 1 Legal Description/Site Plans Site situated in the Town of North Andover, County of Essex, Commonwealth of Massachusetts, located at 723 Osgood Street and shown on No. Andover's Assessor's Map No. 35 as Parcel 23, and being more particularly described as follows: Legal Description: A portion of that certain parcel of real property described in an instmment recorded with the Essex (North District) Registry of Deeds at Book 4197, Page 63. Sketch of Site: SEE PLANS/DRAW INGS ATTACHED HERETO AND INCORPORATED HEREIN. Iowa Initials /sk� 7 - Tenant Initials �( \\ �` '�'|�|• � :�; Ln + m z of k � q� 2 kf ' z Q,. . • ® a �@! e § go n.}\ /m)§§�\ �� , � � [ l;,•;!! � ` | § :0 90� , m | ••�!;!;!!! � � §� H its ƒ \ ) `W@ #!� ] •m§W Ub•• # �F | ! � & ®!§), ) t� k % § fill;|)`®| G ' 1x 4` ; EXHIBIT 2 Memorandum of Lease Agreement [See attached Memorandum of Lease Agreement] 12 Site Nam: Steven's Estates, No. Andover, MA Site l.D.: BSUXC86D Memorandum of Lease Agreement This mlmwantlu(n evitlences that a lease was made and entered into by written Lease Agreement dated orf" O. LOG 42002 between the Town of North Andover ('LANDLORD'), a Massachusetts municipal corporation with an address at Municipal Building, 120 Main Street, North Andover, MA 01845 and Sprint Spectrum L.P. (TENANT') a Delaware limited partnership having an address at One International Boulevard, Suite 800, Mahwah, NJ 07495, Attention: Lease Management. Such Agreement provides in pan that LANDLORD leases to TENANT a certain she ('Sita') located at 723 Osgood Street, in the Tam of North NXbver, County of Essex, Cmenormeash of Massadiusetls, within the property of LANDLORD which site is described in Exhibit attached hereto, with grant of easement for unrestricted rights of acres End _ . electric and telephone utility service thereto joy arylnitlal Term of five (5) years, commencing End and terminating on,� p,q Iwm shall be renewed to one (1) adtlition I fv year a ewal Term unless TENA T pro 'des LAN LORD notice of its intention not to renew not less than 90 days prior to the expiration of the Initial Term or any Renewal Tenn. IN WITNESS WHEREOF, the parties have executed this Memorandum as of the day and year first above written. "LANDLORD" Town of NoAh Andover, a Massachusetts Municipal rporatlon By: Name: Mark Rees Title: Town Manager Address: Municipal Building 120 Main Street Norm Andover, MA 01845 13 "TENANT" Sprint Spectrum L.P., a Delaware limited partnership 1 By: Name: Michael W. Loucy Tide: Director, Site Development, Northeast Region Address: 1 International Drive, Suite 800 Mahwah, NJ 07495 Attention: Lease Management OWNER NOTARY BLOCK: COMMONWEALTH OF MASSACHUSETTS COUNTY OF ESSEX The foregoing instrument was acknowledged before me thisday of 4Gr e.2 2002, by Mark Rees, as Town Manager of the Town of North Andover, a Massachusetts municipal corporation, an behalf of said town, and he/she acknowledged sold instrument by him/her executed to be his/her free act and deed In Said capacity and the free act and deed of said Town of North Andover. (AFFIX NOTARIAL SEAL) My commission expires: 1%e1-NS-;70Ay SPRINT SPECTRUM L.P. NOTARY BLOCK: STATE OF NEW JERSEY COUNTY OF :Z5/rle"n 1' (OFFICI�MOTARV SIGNATURE) NOTARY PUBLIC—STATE OF 141.£SACBLO'r �yCf A• �Al1SNAtt� (PRINTED, TYPED OR STAMPED NAME OF NOTARY) COMMISSION NUMBER:C1&-0!N 5; &qOSG The foregoing instrument was acknowledged before me this _,L day of _I JZJ--,4 2002, by Michael W. Loucy, Director, Site Development — Northeast Region of Sprint Spectrum L.P., a Delaware limited partnership, who executed the foregoing instrument on behalf of such limited partnership, and he acknowledged said Instrument by him executed to be his free act and deed in said capacity and the free act and deed of said Sprint Spectrum L.P.-�/�//J�, (AFFIX NOTARIAL SEAL) �toFFIc1AL NOTARY SIU R� NOTARY PUBLIC�TA /ti Mycommissionexpires'. OSIOI/04 (PRINTEO, TYPED OR STAMPED -NAME OF NOTARY) SUSAN M. GRAHAM NOTARY PUBLIC STATE OF NEW JERSEY No.2188937 My Commission Expires May 1, 2006 EXHIBIT 3 Tenant's Certifications, [Attach copies of executed Certificate of Taxes fax Attestation and Certificate of Non -Collusion.] a50115395N6-no55t9 -N 61.0 -8Q5532327 15 CERTIFICATE OF TAXES/TAX ATTESTATION Pursuant to M.G.L. Chapter 62C, 4 49A, I certify under penalties of perjury, Sprint Spectrum, L.P., a Limited Parmersbip, and any and all parties to this proposal, have filed all state tax returns and paid all state taxes required by law and have complied with the laws of the Commonwealth of Massachusetts relating to reporting of employees and contractors and withholding and remitting of child support. Sprint Spectrum, L.P. Federal Tax Identification Number: (O — 1165 p7 of 7 Sprint Spectrum, L.P., by: f MCE.1 W. Lousy, AutWzed R esentative CERTIFICATE OF NON -COLLUSION The undersigned certifies under penalties of perjury that this bid, or proposal, has been made and submitted in good faith and without collusion or fraud with any other person. As used in this certification, the work "person" shall mean any natural person, business, partnership, corporation, union, committee, Nub or other organization, entity, or group of individuals. n".&,I� Michael W. Loney, Autho ed R sentative SSLP By: Sprint Spectrum, L.P. Date: On behalf of Sprint Spectrum L.P. d/b/a Sprint PCS ("Sprint PCS") and New Cingular Wireless PCS LLC by and through its Manager AT&T Mobility Corporation ("AT&T") (Sprint PCS and AT&T collectively may be referred to as "Applicants" herein) please accept this letter, application and enclosed materials as Applicants' request to renew the special permit originally granted pursuant to a decision filed with the North Andover Town Clerk on November 14, 2001 as renewed by the decision filed with the North Andover Town Clerk on October 4, 2007 (the "Special Permit") for the above -referenced wireless communications facility (the "Facility") located at the above reference site (the "Site"). We look forward to presenting our request to the North Andover Planning Board (the "Board") at an upcoming public hearing. Additionally, as with the previous renewal of the Special Permit pursuant to the written decision of the Board filed on October 4, 2007, we respectfully request certain waivers be granted by the Board from the North Andover Zoning Bylaw with respect to the renewal of the Special Permit for the Facility. Applicants respectfully request the following waivers: 1. Sections 8.9(5)(d)(iii)(3) & (4) if and to the extent the plans do not provide sufficient information to show tree cover on the subject property and all properties directly abutting the subject property, by dominant species and average height, and an outline of all existing buildings and uses on the subject property and all abutting properties. The Board previously granted such waivers because, given the detailed information submitted, any additional information regarding tree cover and the use of distant buildings was not needed for a thorough Brown Rudnick LLP an international law firm Boston I Dublin I Hartford I London I New York I Providence ! Washington : "OWKRUDNICK TV" In Edward D. Pam, Jr. ...;:p,l<crfFICE South Main em amt l<atl 2mae39Street 2010 JUL —9 PI1 1: 13 Providence em6amenmanu as. m Rhode Island July 9, 201 - g aoeitN Al.ou'rE;; 02903 ml 401.226.2600 roa401.226.2601 HAND DELIVERED Town of North Andover Town of North Andover Town Clerk Planning Board 120 Main Street c/o Judith M. Tymon, AICP, Town Planner North Andover, MA 01845 1600 Osgood Street North Andover, MA 01845 RE: Renewal of Special Permit — Sprint Snectrum L.P. d/b/a Sprint PCS and New Cineular Wireless PCS LLC by and throueh its Manager AT&T Mobility Corporation for a Wireless Services Facility Located at Stevens Estate, 723 Osgood Street, North Andover, Massachusetts Dear Town Clerk and Ms. Tymon: On behalf of Sprint Spectrum L.P. d/b/a Sprint PCS ("Sprint PCS") and New Cingular Wireless PCS LLC by and through its Manager AT&T Mobility Corporation ("AT&T") (Sprint PCS and AT&T collectively may be referred to as "Applicants" herein) please accept this letter, application and enclosed materials as Applicants' request to renew the special permit originally granted pursuant to a decision filed with the North Andover Town Clerk on November 14, 2001 as renewed by the decision filed with the North Andover Town Clerk on October 4, 2007 (the "Special Permit") for the above -referenced wireless communications facility (the "Facility") located at the above reference site (the "Site"). We look forward to presenting our request to the North Andover Planning Board (the "Board") at an upcoming public hearing. Additionally, as with the previous renewal of the Special Permit pursuant to the written decision of the Board filed on October 4, 2007, we respectfully request certain waivers be granted by the Board from the North Andover Zoning Bylaw with respect to the renewal of the Special Permit for the Facility. Applicants respectfully request the following waivers: 1. Sections 8.9(5)(d)(iii)(3) & (4) if and to the extent the plans do not provide sufficient information to show tree cover on the subject property and all properties directly abutting the subject property, by dominant species and average height, and an outline of all existing buildings and uses on the subject property and all abutting properties. The Board previously granted such waivers because, given the detailed information submitted, any additional information regarding tree cover and the use of distant buildings was not needed for a thorough Brown Rudnick LLP an international law firm Boston I Dublin I Hartford I London I New York I Providence ! Washington 0 review of the proposed facilities. Additionally, the Facility has been constructed and operating for almost six (6) years. 2. Section 8.9(5)(d)(vii)(3) which requires the submission of a copy of the letter from the Massachusetts Department of Public Health approving the Site for the Facility. Applicants have previously provided the "New Policy Regarding Radiofrequency Facility Installation Approval" issued by the Massachusetts Department of Public Health (the "Department") which states that the Department no longer requires notification from companies that install radiofrequency antennas or facilities or approval of the Department because the FCC requirements are identical to the Department's requirements. 3. Section 8.9(5)(d)(viii)(1) which requires an Environmental Assessment ("EA") that meets FCC requirements for each wireless service facility that requires such an EA to be submitted to the FCC. Applicants are not required to submit such an EA to the FCC for the Facility. 4. Applicants respectfully request that the Board, to the extent necessary, grant or renew the waivers granted in the Special Permit. Applicants respectfully suggest that such information is not needed for a thorough review of the existing Facility which has been operating for almost six (6) years. If you have any questions, please do not hesitate to contact me at (401) 276-2639. Very truly yours, BROWN RUDNICK LLP Edward D. Pare, Jr. F EXHIBITS Exhibit A Application for Renewal of Special Permit Exhibit B Affidavit of Radio Frequency Engineer — Sprint PCS Exhibit C Certificate of Insurance — Sprint PCS Exhibit D RF Compliance — Sprint PCS Exhibit E Affidavit of Radio Frequency Engineer — AT&T Exhibit F Report of Radio Frequency Compliance — AT&T Exhibit G Certificate of Insurance — AT&T Exhibit H Noise Study Exhibit I Plans Exhibit J North Andover Zoning Map with Steven's Estate parcel identified with an "x'. Exhibit K Letter from engineering firms Greenman — Pedersen, Inc. dated September 14, 2001 and Vanasse Hangen Brustlin, Inc. dated September 7, 2001 confirming that no wetlands exist within 100' of the Facility Exhibit L Copy of "New Policy Regarding Radiofrequency Facility Installation Approval" issued by the Massachusetts Department of Public Health (the "Department") stating that the Department no longer requires notification and approval from companies that install radiofrequency antennas or facilities because the FCC requirements are identical to the Department's requirements Exhibit M Copy of Renewed Special Permit Exhibit N Copy of Structural Letter Exhibit O Photographs of Site Exhibit P Lease Agreement F TOWN OF NORTH ANDOVER Compliance with Zoning Bylaw Pursuant to Section 8.9(12) of the Town of North Andover Zoning Bylaw (the `Bylaw'), a 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 renewed special permit. Pursuant to special condition 15 of the Special Permit, the Special Permit expires October 2, 2010. Applicants have provided evidence with this application to demonstrate that Applicants still satisfy the criteria for approval of a Special Permit pursuant to Sections 8.9 and 10.31 of the Bylaw. Additionally, as noted below, Applicants respectfully request waivers from certain of the application filing requirements in light of the fact that the Facility has been constructed and operational for almost six (6) years. 8.9(5)(d) Application Filing Requirements (t) General Filing Requirements Applicants have provided the required information on the application form. Additionally, signs are posted at the Facility with the required emergency contact information. Original signatures of the attorney for two licensed carriers are contained on the application forth. We have attached a copy of the Lease Agreement with the Town of North Andover. (ii) Location Filing Requirements The plans previously approved and endorsed by the North Andover Planning Board (the `Board") are included as part of the application package which provides all of the identifying information. Applicants have also included a copy of the Town zoning map with the Stevens Estate parcel identified. In light of the existence of the Facility, Applicants respectfully request a waiver from the Board with respect to requirements (4) and (5) of this section of the Bylaw which require a map showing all other preexistent and approved wireless service facilities in North Andover and outside North Andover within one mile of its boundary and located by latitude and longitude. Applicants respectfully suggest that such information is not needed for a thorough review of the renewal of the Special Permit. Applicants have provided evidence with this application which demonstrates the ongoing need for the Facility. (iii) Siting Filing Requirements The plans previously approved and endorsed by the Board are included as part of the application package which provides all of the required information. (iv) Sight Lines and Photographs as Described F As the Board is aware, this Facility has been operating for a significant period of time, almost six (6) years. The flagpole style monopole has been located at the Site and Applicants respectfully suggest that the information in this section of the Bylaw is not needed for a thorough review of the existing Facility. Applicants have provided evidence with this application which demonstrates the ongoing need for the Facility. (v) Design Filing Requirements As the Board is aware, this Facility has been operating for a significant period of time, almost six (6) years. The flagpole style monopole has been located at the Site and Applicants respectfully suggest that such information is not needed for a thorough review of the existing Facility. Applicants have provided evidence with this application which demonstrates the ongoing need for the Facility. (A) Noise Filing Requirements We have provided a recent noise study attached as Exhibit H. (vii) Radiofrequency Radiation (RFR) Filing Requirements We have provided updated reports and information with respect to radiofrequency emissions at Exhibits B, D, E & F. (viii) Federal Environmental Filing Requirements No Environmental Assessment is required to be submitted to the FCC. Applicants respectfully suggest that such information is not needed for a thorough review of the existing Facility. Applicants have provided evidence with this application which demonstrates the ongoing need for the Facility. 10.31 Conditions for Approval of Special Permit 1. The Special Permit Granting Authority shall not approve any such application for a Special permit unless it finds that in its judgment all the following conditions are met: a. The specific site is an appropriate location for such a use, structure or condition; As evidenced by the materials provided with this Application, specifically the Affidavits of Radio Frequency Experts, the Facility is still necessary for use by P Applicants to provide adequate wireless telecommunications service to this area of the Town of North Andover. The renewal of the Special Permit will not be detrimental to the public good and will, in fact, promote additional safety and convenience to the public by maintaining enhanced means of everyday communications to the residents and businesses in the arca as well as emergency communications. It has been shown that wireless communications have been very valuable in times of severe weather. in some cases, as in the devastating ice storms in northern New England in recent winters, wireless telephones were the only means of communications for both emergency personnel and non- emergency communications. In many locations police, fire, EMS, hospital, electric utilities and other government employees rely on wireless communications to expedite work, reduce response time and handle situations more quickly with wireless telephones. According to published reports, over 100,000 911 calls are made via cell phones on a daily basis in the continental United States. In addition, wireless data services are use by millions of consumers and businesses. As evidenced by Applicants' Affidavits of Radio Frequency Experts, this Facility fills a substantial gap in coverage and allows Applicants to link up with neighboring sites. b. The use as developed will not adversely affect the neighborhood. As evidenced by the use of the Site, the use has not adversely affected the neighborhood and has enhanced communications in the area. As noted in the original Special Permit, the Site is well suited for the Facility and avoids the need for a tower to be located on a less suitable site. Additionally, see response to item 10.31(t)(a) above. c. There will be no nuisance or serious hazard to vehicles or pedestrians; The Facility is not a nuisance or serious hazard to vehicles or pedestrians. The Facility does not produce any significant adverse noise, dust, smoke or hazardous waste. Neither water nor air quality is affected by this Facility. The Facility does not create any safety or environmental hazards as demonstrated by the materials provided with this application. There will be no change in circulation or traffic patterns and the Facility will not affect pedestrian movement. The Facility is unmanned and does not generate significant additional traffic. Traffic is limited to one trip per carrier, per month, on average, by maintenance personnel. The Facility does not adversely affect surrounding neighbors' use and enjoyment of their property. R d. Adequate and appropriate facilities will be provided for the proper operation of the proposed use; As evidenced by the ongoing use of the Site, adequate and appropriate facilities are provided to the Site. The Facility does not require municipal resources. The Facility has no effect on water, sewer, DPW, police or fire services and has no impact on the North Andover school system. e. The Special Permit Granting Authority shall not grant any Special Permit unless they make a specific finding that the use is in harmony with the general purpose and intent of this Bylaw. As originally approved, the Facility is located within an appropriate zoning district pursuant to the Bylaw. The Facility does not produce any significant adverse noise, dust, smoke or hazardous waste. Neither water nor air quality is affected by this Facility. The Facility does not create any safety or environmental hazards as demonstrated by the materials provided with this application. The RF engineers for Sprint PCS and AT&T have, in their respective Affidavits and studies, confirmed that the RFR emissions from their respective equipment comply with all applicable federal standards. There will be no change in circulation or traffic patterns nor will the Facility affect pedestrian movement. The Facility is unmanned and will not generate significant additional traffic. Traffic will continue to be limited to one trip per carrier, per month, on average, by maintenance personnel. Pursuant to the Board's "Findings of Fact" with respect to the Special Permit, the use continues to be in harmony with the general purpose and intent of the Bylaw. For the foregoing reasons, as well as to satisfy the mandate of the Federal Government to facilitate competition in the telecommunications industry as set forth in the Telecommunications Act of 1996, Applicants respectfully request that the Board grant the renewal of the Special Permit to authorize the continued use of the Facility. This Application and all supporting materials are submitted with full reservations of each of the Applicants' rights under all applicable law. 0 SOMS490-PAREED-OSO563=27 e PLANNING DEPARTMENT Community Development Division Special Permit — Site Plan Review Application 11 Please type or print clearly. Sprint Spectrum LP d/b/a Sprint PCS and New Cingular Wireless PCS LLC by and I. Petitioner: through its manager, AT&T Mobility Corporation Petitioner's Address: c/o Edward D. Pare, Jr., Brown Rudnick LLP, 121 South Main Street, Telephone number: 401-276-2639 Providence, RI 02903 2. Owners of the Land: Town of North Andover Address: 120 Main Street, North Andover, MA 01845 Number of years of ownership: N/A 3. Year lot was created: 4. Description of Proposed Project: Renewal of special permit for wireless communications facility and associated 5. Description of Premises: Large town—owned parcel 6. Address of Property Being Affected: 723 Osgood Street Zoning District: Residential R-1 Assessors Map: 35 Lot#: 23 Registry of Deeds: Book #: 4197 Page #: 63 7. Existing Lot Lot Area(Sq.Ft): 150+ acres Street Frontage: 3,, 4601 Front Setback: 899± Floor Area Ratio: N/A 8. Proposed Lot Of applicable): N/A Lot Area (Sq. Ft): Street Frontage: Front Setback: Floor Area Ratio: Structure BWldBog Height: 100' Side Setbacks: 749 Rear Setback: 1.688± Lot Coverage: N/A Building Height: Side Setbacks: Rear Setback: Lot Coverage: 1600 Osgood Street, North Andover, Bldg.20, Suite 2-36 Planning Dept., Mosso<huselts DI 845 Phone 978.688.9535 Fax 978.688.9542 Web www.townolnorlhandover.rom 9. Required Lot (as required by Zoning Bylaw( Lot Area (Sq. FQ: 87.120 Street Frontage: 175' Front Setback: 30' Floor Area Ratio: N/A 10. Existing Building (if applicable): N/A Ground Floor (Sq. Ft.): Total Sq. Ft.: 11. Proposed Building: N/A Ground Floor (Sq. Ft.(: Total Sq. Ft. Building Height: 35' Side Setbacks: 30' Rear Setback: 30' Lot Coverage: N/A # of Floors: Height: Type of Construction: # of Floors: Height: Type of Construction: 12. Has there been a previous application for a Special Permit from the Planning Board on these premises? Yes If so, when and for what type of construction? November 4, 2001 — same use October 4, 2007 — renewal of special 13. Section of Zoning Bylaw that Special Permit Is Being permit Requested 8.9 14. Petitioner and Landowner signature(s): Every application for a Special Permit shall be made on this form, which is the official form of the Planning Board. Every application shall be fled with the Town Clerk's office. It shall be the responsibility of the petitioner to furnish all supporting documentation with this application. The dated copy of this application received by the Town Clerk or Planning Office does not absolve the applicant from this responsibility. The . ioner shall be responsible for all expenses for filing and legal notification. Failure to comply with applicatio ments, as cited herein and in the Planning Board Rules and Regulations may result in _afisfitissal b an Board of this application as incomplete. Petitioner's Signature Brown Rudn P Print or type name here: Edward D e, Jr., Attorney for Applicant Owner's Signature: sea Tease Print or type name here: Town of North Andover 15. Please list title of plans and documents you will be attaching to this application. See attached list 1600 Osgood Street, North Andover, BIdg10, Suite 236 Planning Dept., Massachusetts 01845 Phone 978.688.9535 Fox 978.688.9542 Web www.townofnarthandover.com AFFIDAVIT of RADIO FREQUENCY ENGINEER The undersigned, being first duly sworn, hereby states the following in support of the application (the "Application") by Sprint Spectrum L.P. d/bla Sprint PCS ("Sprint PCS") to renew the special permit relating to operation of wireless telecommunications antennas and associated equipment on the property owned by the Town of North Andover located at Stevens Estate, 723 Osgood Street, North Andover, Massachusetts 01845 (the "Site"): I. I am a Radio Frequency Engineer for Sprint PCS responsible for radio frequency design and operation in Massachusetts. 2. The list of my qualifications attached to this affidavit is true, accurate, and complete in all material respects. 3. I have thoroughly reviewed the Application as well as all radio frequency engineering studies, reports, and computer models prepared by Sprint PCS with respect to the Site. 4. Sprint PCS is a communications venture committed to providing a single integrated offering of wireless personal communications services ("PCS") by building a national wireless network using PCS technology. PCS technology is a new generation of wireless service that uses digital transmission to improve the services available. It provides a clearer connection and fewer dropped calls for its users, and better accommodates the requirements of computer and telecopier transmission. 5. In order to provide adequate coverage, Sprint PCS must have in place a system of "cell sites" to serve portable wireless communication handsets and mobile telephones. These cell sites consist of an antenna mounted on a pole, building or other structure, connected to a small equipment cabinet located near the antenna. The antenna feeds the low power radio signal received from mobile communications devices through electronic devices located in the equipment cabinets and, ultimately, into an ordinary phone line from which the call can be routed anywhere in the world. 6. Cell sites are integral to Sprint PCS's network. To maintain effective, uninterrupted service to a PCS telephone user traveling in a given area, there must be a continuous interconnected series of cells, which overlap in a grid pattern approximating a honeycomb. Additionally, each cell site must be located within a limited area so that it can properly interact with the surrounding cell sites and thereby provide reliable coverage throughout the cell. 7. The Site remains critical to the overall engineering and technical plan of Sprint PCS's network. The Site connects to adjacent sites in Lawrence, and Haverhill and provides coverage to the residents of North Andover as well as the surrounding towns of Lawrence and Boxford 8. The Site is the only existing structure sufficient for antenna attachment purposes in the area. Accordingly, if Sprint PCS is not granted the renewal of the special permit, then Sprint PCS will have to construct a new tower facility in order to provide adequate service coverage to the Town of North Andover. 9. in my professional opinion, without a wireless transmission facility located at the Site, there will be a substantial gap in Sprint PCS's wireless PCS coverage. This gap would adversely impact the service Sprint PCS is able to provide to the citizens of North Andover and the commuters traveling on the main roads through and around North Andover, including Osgood Street (Rt. 125) and Great Pond Road (Rt. 133) 10. The result of such a gap will be an abrupt and complete loss of signal at the time that an individual enters the gap area. Unlike other wireless technologies, in which diminished coverage may result merely in a weaker, or less clear, transmission, PCS technology simply cuts off when encountering such a gap. The transmission is not restored when the gap is over. Rather, the individual must reinitiate the communication. 11. The radio frequency exposure levels generated by the facility at the Site are substantially below the applicable safety standards established by the Federal Communications Commission (the "FCC"). Additionally, the Site complies with the applicable standards of the Federal Aviation Administration and the American National Standards Institute. 12. Sprint PCS commenced operations from the Site in October of 2004 (the "Commencement Date"). 13. Since the Commencement Date through the date of this Affidavit, the radio frequency exposure levels generated by the facility at the Site have been and continue to be substantially below the applicable safety standards established by the FCC. 14. Since the Commencement Date through the date of this Affidavit, the Site complies with the applicable standards of the Federal Aviation Administration and the American National Standards Institute. Executed this 2 " dad of J U r , 2010. "EPA- COW,tONWEWOF MASSACHUSETTS COUNTY OF Yh t ��Q9eX In /—.Q Y I> y 4 o � in said County and State on the a 4 -1` day of S U vie_, , 2010, before me personally appeared SoSP O h S�j t.,rrt o "L , to me known and known by me to be the person(s) executing the foregoing instrument, and he/she/they acknowledged said instrument to be his/herit4eir free act and deed. Notary Public My Commission Expires: u 1 S/Zero WILLIAM M. HASTINGS Nctery Public Commonwealth of Mese.INIeas My Commission Expires November 5, 2010 .,, Attach Schedule of Qualifications Joseph T. Sutherland 43 Main Street Byfield, MA 01922 EMPLOYMENT: Ericsson Services Inc, Bedford, MA, August 2009 to Present RF EngineerlH, • Primary responsibilities include RF Design for CDMA and MEN cell sites in New England and Upstate NY • Special Project design and support • RF lead for MEN portion of Central Artery Distributed Antenna System (DAS) project Sprint Nextel Corporation, June 2005 to August 2009 RF Engineer111, May 2001 to Present • RF Design for CDMA and MEN cell sites • Special Project design and support • RF lead for iDEN portion of Central Artery Distributed Antenna System (DAS) project • Designed Micro and Macro sites to support the Democratic National Convention • Temporary capacity sites to support City of Boston • Market lead for Automatic Cell Planner (ACP) related network optimization • Assist engineering group with mapping projects Senior RF Engineer NHQ, March 1999 to May 2001 Primary responsibility for managing software development projects for NEXTEL. • Work with vendors to define technical requirements • Track project deliverables to ensure timelines are met • Coordinate efforts of Nextel personnel MSO Engineer, October 1998 to March 1999 • Calculate MSO equipment needs to support cell site additions. • Performed TI tests using T -BERT analyzer. • Made T I cross connects using Tellabs 532L & 5500 DACS equipment. • Assigned and built frame relay resources on the Newbridge 3600 Bandwidth Manager. • Assisted Network engineering group with future MSO planning. • Monitored network element statistics for MSO forecasting needs. • Provided 24 hr support to switching facility. Radio Frequency (RF) Engineer, September 1996 m October 1998 • Designed new cell sites based on capacity and coverage requirements • Determined potential locations and configurations using RF Propagation modeling software • Direct supervisory responsibility for Associate RF and System Performance Engineers.. • Coordinated candidate testing with System Performance engineers. • Frequency planning for new sites • Supported site acquisition group at zoning and planning board hearings. • Assisted network engineering with configuring and connecting new cell -sites into the switching network. • Provided 24hr support for 200+ cell -sites • Designed and configured layouts for Base Site Controllers (BSC) and Dispatch Application Processors (DAP). Associate RF Engineer, October 1995 to September 1996 • Supported BE engineer with evaluation of drive test results • Trained System Performance engineers on Drive test set-up and data collection • Trained System Performance engineers on RF modeling software • Gained experience with the iDEN network from the BE interface down to the network elements including BSCs, DAPS, and MPS. System Performance Engineer, September 1994 to October 1995 • Helped design and test the initial Nextel cellular network in New England • Performed BE propagation testing at candidate locations, tasks included antenna setup, configuration and data collection using various test equipment. • Used network and spectrum analyzers to perform system sweep -test of coaxial cable and antenna assemblies at cell -sites. • Investigated and corrected system performance issues including BE interference, dropped calls and blocked calls. • Created and modified Base Station software to correct system performance issues. Detection Sciences, Inc., Carlisle, MA Feld Engineer, February 1989 to September 1994 Coordinated and performed Ground Penetrating Radar (GPR) surveys. Responsibilities included equipment set- up, calibration, and electronic data gathering on surveys throughout the United States. Skilled in the interpretation of GPR data. Experienced in the use of computer databases, spreadsheets, and CAD programs used to generate final reports for clients. Experience includes geological, archaeological, and hazardous waste surveys. Nelson Engineering Company, Concord, MA Land Surveyor, September 1987 to January 1989 Transit operator with experience performing construction and as built surveys, roadway and subdivision layouts, property line and mortgage surveys. Prepared contour maps from data collected on surveys. Performed soil perk tests. Job required accurate equipment setup, data collecting and now taking. Also performed title searches at the Registry of Deeds. EDUCATION: Merrimack College, North Andover, MA Bachelor of Science Electrical Engineering, May 1992 GPA 3.52 Northern Essex Community College, Haverhill, MA Associates Degree Engineering Science, May 1990 GPA 3.80 Software Skills Planet EV, Option Wizard, Agilent E6474A, Windcatcher, Actix Analyzer, MapInfo Microsoft Word, Excel, Powerpoint, Access ACORO® CERTIFICATE OF LIABILITY INSURANCE 2011 DA'�'"L"°°"Y"" 324/2010 PRODUCER LOcklnn Companies, LLC-1 Kansas City 444 W. 47th SDEM Now 900 KBnSN City MO" 112.1%6 (816)960-9000 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE NAIC % NSIIPED SPRINT NEXTEL CORPORATION INSUREPA. Continental CUI COR an 20443 14411 6480 SPRINT PKWY., m4URERB. Amencdn CNUN1 Com an of Rcedln,PA 20427 KSOPHM0516.513720 OVERLAND PARK KS 66251 INSURER Trans nationlnsarance Coman 20494 e1SURERD. Great AOellcanlnsumnee Coof New York 22136 ;;7 SHE COVERAGES SPRCO01 ofut`w llu"onFixiiF°ONrirniov rnaoocix"Ew°I"mi tFnxiFiCile`"FOLuin'xo THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT. TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. ]HSR LTR SR TYPE OF INSURANCE POLICY HUMBER POLICY EFFECTNE DATE NUDESPWY POLICY EVIMTION DAM MWOmV name GENEMLLIABIII}Y A VRgENCE 2000 WO FPEMSSEe uaTEmw S XXXXXXX A X OOMMERCIUGENERALLIANNITY CUIM$MADE E] OCCUR GL 2098357006 4/1/2008 4/1/2011 MEDEXROPywwpmonl f XXXXXXX PERSCI a AW INJURY f 2,008000 X CONTRACTUAL LIAB. X 'TENANTS LEGAL LIAB GEERALAGGREGATE $ 10,0001000 GENT AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMMIPAGG f 3,0(0,000 X POLICY PEd LCC A AUTOLNIBRE X LABILITY ANY AUTO BUA 209356986 4/112008 4/IQO11 COMBINE ISINGLELIMIT (EB.1) f 2,Op0,p0p NI., YI—NI) S XXXXXXX ALL OWNED AUTOS $CHEWLEDAUTOS BODILY INNRY f IPareaiJmll XXXXXXX NIREDAVTO$ IgNOWNEDPVT04 % GARAGEKEEPERS LIAB. 'PROP DAMAGE s XXXXXXX G RAGELABILRY AU(OIXIY-EAACCIDENT f XXXXXXX ANYAUTO NOT APPLICABLE OTHERTHAN EAACC f XXXXXXX AUTO CM-Y: AGG f XXXXXXX D EXCEBSIVMBRELULMBIIITY X ac.OR E ..a MADE UMB8783139 4118010 4/18011 EACHOCCURRENCE $ 1(000(00 AGGREGATE f 10000000 f XXX%XXX UMBRELLA $ XXXXXXX DeoucrlBLE XOFORM S XXXXXXX RETENTION S B C B WORKERS COMPENSATION AND EMPLOYERS LIANLRY YIN My PROPRIETowPARTNERRxECUTIW OFFICEWMEMBER ECOWOEO"I N BOOP Ory In NH1 WC2098356972(AOS) WC 2098356938(AZ,OR,WI) WC 208356941 (CA) 4/112008 4/18008 M1/2008 4/IQ011 4/12011 4/12011 X. I WCSTATU-OTN- ELEACHACODENT E 1,000,000 E- OSEASE -EA EMPLOYEE $ 1,000,000 B n w, de:UEe-.P, SP ECIALPROVSION$wW N/A M MONOPOLISTIC STATE E L. DISEASE POLICY LIMIT f OTHER DESCRIPTION OF OPERATORS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS FFINE DAMAGE IS INCLUDED IN BROADER TENANTS LEGAL LIABILITY FORM WITH LIMITS OF EI,000,000 PER OCCURRENCE. 3394937 I SHCULB ANY OF THEABOVE DESCRIBED POLICIES BE CANCELLEOBEFORE THE EXPIRATION TO WHOM IT MAY CONCERN GATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRIT N NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO OO S09NA L IMPOSE NO OBLIGATION OR I-MENUTT OF ANY FUND UPON THE INSURER ITS AGENTS OR FOPRESENTATFES, The ACORD name and logo are registered marks of ACORD F>—P... IPM.Pi m. POHNI.. 1—Il1.-11.—.. emwm...... m...na lw.M— al„I wa avnewl. Netww# Operations Spnnt Nextel 6125 Lakeview Road, Suite 100 Charlotte, NC 28269 Town of North Andover Planning Department Osgood Landing 1600 Osgood Street - Big #120, Suite 2-36 North Andover, MA 01845 Arlin: Ms. Mary Ippolito Sprint Nextel Site Reference: Property Address: Installation Type: Dear Ms. Ippolito: January 14, 2010 VIA - UPS 2"o DAY AIR Tracking #IZ 212 67A 02 9449 3329 BS54XC860-A / STEVEN'S ESTATE 723 Osgood Street, Essex MA 01845 Tower Communications Pursuant to the Town of North Andover's Annual requirement. Please find enclosed a 2010 NEPA RF Compliance Certification verifying continued compliance with our conditions of approval as well as with the most current FCC Safety Standards. Respond in writing that you have received the report and whether the information submitted has been reviewed and found to be in compliance with all applicable statues, local laws, ordinance, codes, rules and regulations. Send all future notices, correspondence, and inquiries regarding this Site to the following address: Property Services I Zoning Compliance Sprint Site ID: BS54XCO60-A Mailstop KSOPHT0101-72650 6391 Sprint Parkway Overland Park, Kansas 66251-2650 If you have any questions do not hesitate to contact us via our toll free Hotline at (800) 357- 7641. SiIrly, Denise Scott Sprint/Ericsson Network AdvantagelZoning & Permitting )0 Sprint Nextel- NEPA RF Compliance Sprint Tagdhnwlth Ntxtrt 6220 Sprint Parkway, Overland Park Kansas 66251- OJjlce (913) 315-1878 - Fax (913) 523-0436 Date: January 4, 2010 To: Town of North Andover Attn: From: David Kirk Site Address: 723 Osgood Street, North Andover, MA 01845 Site Description: Flagpole Site Owner: Sprint Nextel The purpose of this letter is to demonstrate compliance with Federal Communication Commission ("FCC') standards in regard to the electromagnetic emissions from the antennas located on the flagpole at site BS54XC860 at the following address: 723 Osgood Street, North Andover, MA 01845. The FCC, in regulating electromagnetic radiation, applies a modified version of the standards developed by the American National Standards Institute ("ANSI') and the Institute of Electrical and Electronics Engineers ("IEEE") to include the National Council on Radiation Protection and Measurements ("NCRP") standard for Speck Absorption Rate ('SAR"), for Personal Communication Service ('PCS") bands. These standards, when converted to the more familiar power density specification, set a maximum power density level for ppblic areas at 1.00 mW/cm2 (milliwatts per square centimeter) for general population exposure and 5.00 mW/cmr for occupational exposure. This level is set 50 times lower than levels the standards committees felt could potentially be harmful for constant exposure. Our antennas are designed to concentrate the majority of their signal power out of the front of the antenna in a very thin beam. Signal strength coming from the back of an antenna and from positions well below an antenna is typically hundreds of times lower than the signal in the main beam at the front of the antenna. Through software modeling techniques, we can calculate the power density from a Sprint Nextel installation at a variety of locations around the proposed site. Once a site goes on -air, routine evaluations are conducted to ensure on-going compliance with FCC regulations. We have developed several proprietary software programs to Y determine power density levels and to compute Maximum Permissible Exposure I ("MPE") limits. When a site is altered in such a way that would impact exposure levels, a new analysis is performed. The following contains information on the current FCC standards, the type of modeling Sprint Nextel uses to ensure compliance to the standards, and the results of the study for this particular site. Current FCC -adopted Exposure Limits The FCC guidelines are given in terms of mW/cm2 and the maximum limits are termed MPE for both occupational and general cases. Because these guidelines are based upon the same SAR limits as those in the IEEEtANSI and NCRP guidelines, they also include the factors of 10 and 50 for occupational and general public scenarios. The graph in Figure 1-1 shows the current FCC MPF guidelines. The two arrows indicate the cellular (-850 MHz) and PCS (-1900 MHz) frequencies. The exposure limits for PCS, expressed in terns of "power density", are 1.0 and 5.00mW/cm2 for general public and occupational cases, respectively. CS E dE E �v "o K N RX br ure Limns rrequenrY, MHz Figure 1-1: FCC Exposure G'mits FCC Rules and Regulations The pertinent regulations are contained in Sections 1.1307 and 1.1310 of the FCC rules. Spherical Modeling The concept of the spherical model is to assume that the Equivalent Isotropically Radiated Power ("EIRP") of the actual antenna is being applied to a point source (true isotropic radiator). This is valid in the center of the main beam of the antenna but it presents a worst-case scenario. The power density is then calculated by dividing the EIRP by the surface area of the sphere (4arx), for the distance r away from the antenna. In general, we will consider the shortest distance between the antenna and a six (6) foot area above the roof or ground where a person might stand. Additionally, we must multiply the EIRP by a power reflection coefficient to account for the fact that reflections from the roof or ground could add constructively with the incident wave at the point in question. The equation for power density is the following: EIRP PRC S 40sr R,' Where: S is power density in mw/cm2 EIRP is in watts PRC is the power reflection coefficient (we will use 2.56 for most applications, as specified by the EPA) Rd is the radius, direct distance from antenna (bottom) to point of interest, meters Cylindrical Modeling The concept of the cylindrical model is to take the power actually delivered to the antenna and assume it is equally distributed over the surface of a cylinder of the same length as the antenna. If the antenna is a directional antenna then we reduce the surface area of the cylinder by BW/360 (BW is the 3 -dB beam -width in degrees). This is a good near -field model. Additionally, if the antenna is mounted above the level, the average power density in a 6 -foot tall area immediately above the flag pole level (or where a person might be standing or located), is reduced according to how far above/below the person is in relation to where the antenna is mounted. The equation for the power density is the following: JITr S= P 0., 4) 20x4 Rj 30 S is the power density in mw/cm2 Pi is the actual (or worst case assumed) power delivered to the antenna, watts K(H L) is the correction factor for antenna mounting height H, is the antenna mounting height, feet L is the length of the antenna, meters Rs is the horizontal distance along roof from antenna to point of interest, meters BW is the 3 -dB beam -width of antenna K(H.,L.) 0.99013-0.14656•H. 0 <= H. < 6 0.17532-0.01076•H. 6 <= H. < 10 0.06772 10 <= H. K(Hmf„) makes corrections for amennas mounted lower than the roof level and for antennas shorter than 6 feet. Analysis Using Spherical and Cylindrical Modeling, Sprint Nextel performs an analysis on each site to ensure that it complies with FCC's rules and regulations. Sprint Nextel proprietary software is used to model radio frequency ('RF") exposure conditions on flag poles and in any other areas that our antennas are used. The followine are a summary of the results obtained from our in-house modelim tools for this site: Antenna #1: Front of Antenna Cylindrical Model Transmit Power 32 Watts Frequency 1900 MHz Alere Pa Podar�prdllad Analysis Using Spherical and Cylindrical Modeling, Sprint Nextel performs an analysis on each site to ensure that it complies with FCC's rules and regulations. Sprint Nextel proprietary software is used to model radio frequency ('RF") exposure conditions on flag poles and in any other areas that our antennas are used. The followine are a summary of the results obtained from our in-house modelim tools for this site: Antenna #1: Front of Antenna Cylindrical Model Transmit Power 32 Watts Frequency 1900 MHz Antenna Height 0 Feet Length of Antenna 4.25 Feet Beam -width 65 Degrees General Occupational Exposure f 5 mw/cm2 Limit Percent Distance 100% 5.0603 1.0121 Feet 50% 10.1206 2.0241 Feet 33% 15.181 3.0362 Feet 5% 101.2064 20.2413 Feet Figure 1-2: Result for BS54XC860 (Front of Sprint Nextel's Antennas) Cylindrical Model 1 2 3 e S B i . I It 11 12 IJ 11 15 ti V 18 nisi m ((t.) Figure 1-3: Percent of MPB vs. Horizontal Distance for BS54XC860 (Front of Sprint Nextel's Antennas) The results of the analysis show in Figure 1-3 that to incur 100% of the WE levels, an individual would have to be directly within 5.0603 feet of the front of the antenna in its main beam. Figure I-3 shows how rapidly the power density levels fall off (in percent of FCC maximum) as the distance increases. Back of Sprint Nextel's Antennas Cylindrical 5 Cylindrical Model 1u 6. Y v�, gm a9E6 Ong i F F. Oc�waaforaz a w a6 z6�'bxS y t- I 1 - ] 6 6 ) ! 9 U Il i2 10 l{ U 16 11 M 11 36 Dis m (rt) Figure 1-5. Percent of MPE vs. Horizontal Distance for BS54XCS60 (Back of Sprint Nextel's Antennas) The results of Figure 1-5 show that to incur 100% of the MPE levels an individual would have to be directly within 0.0157 fat of the back of the antenna Maintenance Safeguards Model Transmit Power 0.1 Watts Frequency 1900 MHz Antenna Height 0 Feet Length of Antenna 4.25 Feet Beam -width 65 Degrees General Occupational Exposure 1 5 mw/cm2 Limit Percent Distance 100% 0.0157 0.0031 Fat 50% 0.0314 0.0063 Fat 33% 0.0471 0.0094 Fat 5% 0.3138 0.0628 Fat Figure 1-4: Result for BS54XC860 (Bock of Sprint Nextel's Antennas) Cylindrical Model 1u 6. Y v�, gm a9E6 Ong i F F. Oc�waaforaz a w a6 z6�'bxS y t- I 1 - ] 6 6 ) ! 9 U Il i2 10 l{ U 16 11 M 11 36 Dis m (rt) Figure 1-5. Percent of MPE vs. Horizontal Distance for BS54XCS60 (Back of Sprint Nextel's Antennas) The results of Figure 1-5 show that to incur 100% of the MPE levels an individual would have to be directly within 0.0157 fat of the back of the antenna Maintenance Safeguards If the antennas need to be moved or handled, please notify the Sprint Nextel Regional RF Manager. You may also call the Sprint Nextel's Network Operation Center a 1-888-859- 1400 to facilitate a power down. Sincerely, David Kirk Regulatory Compliance OIOl/bl/[ "'dWa8edAmuud 3uud—�edm8upuogayLaleada/dnisa/moo•sdn•dtgssndmea•AvAm//:sduq 3a3H alod 'lensn se (s)luawdlys moA dnO!d 111M ianup moA o doho!d Al!e0 a 41Im wowolsno Sdn Pales pue dl4Ssndwe o ewe sewnosa a 'suoilmol OI H 4N!s!n aseald'noA {sweau uopeool 041 pull 01 0 'sang dwa is paldame Osla WE (punwxj WA Bu!pnpui) nssm!maS wn{aH Sdn e!n was swap 'noA ieou lallno Bu!dd!gS pazuo4wV io (®saldWs io alodoo m1yo) uwueply Sdn 'jewoo iewolsno Sdn'xoe dw0 Sdn 'SOJOIS Sdn ey1)o uopeool Aue of Owed moA a>lel o 'ease noA u! ianup Sdn Aue of aft ped aW pueH o sefimpd!ySsndwe moA adn !d xnnu 'appaced O II ep P Sdn a eney of dn�!o!d Aep anlnl io Aep ewes a alnpayed o dnjOld AIIVU 01no41pn vawOlsno Sdn 011N3WdlHS enoA ONina) 'E 'lagel ougua ayl lana adel 6u!ddlys opseld leap Bulsn!ege! peplol eyl xp)e'Lpnod a eney lou op noA;! 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Ipnod 6ulddl4S Sdn a ul ImI81841 meld -molaq aull pllos a4l le lage! paluud a4l plod 'Z 'lapel ayl luud of nuaw al!d 041 ww) luud Pales uo!Pwy slyl 4Oddns lou scop lesmwq noA 11 :04ON 'ejeedde logl xoq Bole!D loud 041 uo uounq luud eql IoalaS :(s)legel a47 W pd 1 lagel 4uud/mayl :dlggandweo Sdn I3o l abed loge? luawdniS :digSsndulep Sdfl AFFIDAVIT of The undersigned, being first duly swom, hereby states the following in support of the application (the "Application') by New Cingular Wireless PCS LLC through its manager AT&T Mobility Corporation ("AT&T) to renew the special permit relating to operation of wireless telecommunications antemas and associated equipment on the property owned by the Town of Nath Andover located at Stevens Fstate, 723 Osgood Street, North Andover, Massachusetts 01945 (the "Site"): I. I am a Radio Frequency Engineer for AT&T responsible for radio frequency design and operation in Massachusetts. 2. The list of my qualifications attached to this affidavit is true, accurate, and complete in all material respects. 3. 1 have thoroughly reviewed the Application as well as all radio frequency engineering studies, reports, and computer models prepared by AT&T with respect to the Site. 4. AT&T is a commtmications venture committed to providing a single integrated offering of wireless personal communications services ("PCS") by building a national wireless network using PCS technology. PCS technology is a new generation of wireless service that uses digital transmission to improve the services available. It provides a clearer connection and fewer dropped calls for its users, and better accommodates the requirements of computer and telecopier transmission. 5. In order to provide adequate coverage, AT&T most have in place a system of "cell sites" to serve portable wireless communication handsets and mobile telephones. These cell sites consist of an antenna mounted on a pole, building or other structure, connected to a small equipment cabinet located near the mtema. The antenna feeds the low power radio signal received from mobile communications devices through electronic devices located in the equipment cabinets and, ultimately, into an ordinary phone line from which the call can be muted anywhere in the world. 6. Cell sites are integral to AT&T's network To maintain effective, uninterrupted service to a PCS telephone user traveling in a given area, there most be a continuous interconnected series of cells, which overlap in a grid pattern approximating a honeycomb. Additionally, each cell site must be located within a am arwr ®tet f1a pp�M W YW tlai� Mp+Fa M plp AFFIDAVIT of The undersigned, being first duly swom, hereby states the following in support of the application (the "Application') by New Cingular Wireless PCS LLC through its manager AT&T Mobility Corporation ("AT&T) to renew the special permit relating to operation of wireless telecommunications antemas and associated equipment on the property owned by the Town of Nath Andover located at Stevens Fstate, 723 Osgood Street, North Andover, Massachusetts 01945 (the "Site"): I. I am a Radio Frequency Engineer for AT&T responsible for radio frequency design and operation in Massachusetts. 2. The list of my qualifications attached to this affidavit is true, accurate, and complete in all material respects. 3. 1 have thoroughly reviewed the Application as well as all radio frequency engineering studies, reports, and computer models prepared by AT&T with respect to the Site. 4. AT&T is a commtmications venture committed to providing a single integrated offering of wireless personal communications services ("PCS") by building a national wireless network using PCS technology. PCS technology is a new generation of wireless service that uses digital transmission to improve the services available. It provides a clearer connection and fewer dropped calls for its users, and better accommodates the requirements of computer and telecopier transmission. 5. In order to provide adequate coverage, AT&T most have in place a system of "cell sites" to serve portable wireless communication handsets and mobile telephones. These cell sites consist of an antenna mounted on a pole, building or other structure, connected to a small equipment cabinet located near the mtema. The antenna feeds the low power radio signal received from mobile communications devices through electronic devices located in the equipment cabinets and, ultimately, into an ordinary phone line from which the call can be muted anywhere in the world. 6. Cell sites are integral to AT&T's network To maintain effective, uninterrupted service to a PCS telephone user traveling in a given area, there most be a continuous interconnected series of cells, which overlap in a grid pattern approximating a honeycomb. Additionally, each cell site must be located within a ®awawn aw err rau limited area so that it can Properly interact with the surrounding cell sites and thereby Provide reliable coverage throughout the cell. 7. The Site remains critical to the overall engineering and technical plan of AT&T's network. The Site connxn' to adjacent sites to tawrence and provides coverage to the residents of North Andover as well as the surrounding town of Lawrence. S. The Site is the only existing structure sufficient for antenna attachmeut purposes in the area. Accordingly, if AT&T is not granted the renewal of the special Permit, then AT&T will have to construct a new tower facility in order to provide adequate service coverage to the Town of North Andover. 9. In my professional opinion, without a wireless transmission facility located at the Site, there will be a substantial gap in AT&T's wireless FCS coverage. This gap would adversely impact the service AT&T is able to provide to the citizens of North Andover and the commuters traveling on the main roads through and around North Andover, including Routes 125 and 133. 10. The =oil of such a gap will be an abrupt and complete loss of signal at the time that an individual enters the gap area Unlike other wireless technologies, in which diminished coverage may result merely in a weaker, or less char, transmission, FCS technology simply cuts off when encountering such a gap. The transmission is not restored when the gap is over. Rather, the individual must reinitiate the communication. 11. The radio frequency exposure levels generated by the facility at the Site are substantially below the applicable safety, standards established by the FCC. Additionally, the Site complies with the applicable standards of the Federal Aviation Administration and the American National Standards Institute. 12. AT&T commenced operations trout the Site in November of 2004 (the "Commencement Dam"). 13. Since the Commencement Date through the dam of this Affidavit, the radio frequency exposure levels generated by the facility at the Site have been and continue to be substantially below the applicable Safety standards established by the Federal Communications Commission. 14. Since the Commencement Dam through the dam of this Affidavit, the Site complies with the applicable standards of the Federal Aviation Administration and the American National Standards Institute. ® aw R4 ww w. Biu. w.ry.a w mm Fxecutcdihis 20 dayof Aotil ,2010. COMMONWEALTH OF MASSACHUSETTS COUNTY OF Ijn;ca�pcp,f TO in said County and Slate on the aCi"'^ day of 2010, before me personally appeared a` i'fo J , to me Immvn h ackn o iy me to be the persons) executing the fomgomg msttument, and hdsheJthey eclmowledged said insbutneot to be his/her/their fige act and deed Expires a §RN p •V Mie rtn onus aw ra.rr a.s s.w• nau• r.wy.r, w am Attach Schedule of Qualifications JOSE ROBERTO G. MARBWO Rada Fmgcency Engineer 15.1.1. I.SUMMAR Y OF EXPERIENCE • Design expansion and capacity sites for celkdar/TDMA/GSMNMTS carriers • Design repeater site location for satellite radio coverage • Design two way paging system for paging carrier • Evaluate candidate sites utilmng drive test data analysis • Area inspections of proposed sites. overseeing that technical requirements such as RF isolations; radiation centers, proper grounding and antenna orientations are mel • Evaluate candidate sites utiliang Gine latest RF propagation tools • Drive data interpretation and incorporation to the propagation model Atoll and W ¢ard • Provided Zoning support to the site acquisition teams by Providing documentation, Mapinfo Pots and attending zoning hearings • Review site co nsbuctio n drawings for antenna, cable and equipment configurations • Evaluate cable sweep results for upcoming sites and cable changes • System optimization dump new site tum on and network parameter changes •Project radio and trequency, regnwamanis. - - - • Simulcast analysis for two way paging systems. • Simulcast analysis rte satellite radia coverage • Traffic analysis • System optimization dump network parameter Gorges • Site inspection and evaluation for build out of cellular base station equipment • Coordinate frequency charges with neighboring carriers • Manage a team of engineers waking on the paging prolects • Interfacing with PageNet's regional and corporate engineering teams, overseeing design activities. managing workflow, and coordinating activities between RF engineering and site acquisition teams • Design the Voice Stream Portland PCS system based on GSM technology using Notei equipment • Determine cellular systems coverage area for design implementation and expansion through field strength survey • Linked all AMPS base stations to the cellular switch by planning a cost effective microwave backbone system • Sibs selection, base station equipment installation designscellular and microwave antenna configuration • Equipment selection and Purchase necessary to maintain and operate the network aw7]p CnQR•V MY sw ,ah. wry.., ns aeon 15. EMPLOYMENT Cingular Now AT&T Wireless- May 2006 - Present RF Enginmr LCC International, Inc. - McLean, VA June 1995 - May 2006 Senior Principal Engineer Market E perlence: • Cingular AMPSrrDMAIGSM - Boston, MA June 2001 - May 2008 Design expansion of Cingulals Bostm market Design GSM joint von ure with ATBT's Boston Market • Nextel Men System - Boston, MA April 2001- June 2001 Design expansion of Nextel's South Boston Market • XM Radio - Seattle. Portland. Sett lake City May 2000- March 2001 _ Team 18ader. responsible for XM Radio SafeYila Seattle, WA, PonfeM: OR.. and Salt Lake City, UT markets Nextel Iden System - South Florida July 1999 - April 2000 Design exyansion of Nextel's South Fbnda market • Ball South Mobility - Southwest Florida Sept. 1997 - May 1999 Team leader for Bell South's IS -136 Southern BTAs along Southwest Florida • Pa9eNe1 guy 1996 - Sept. 1997 Team leader, responsible for the design and buitout of six PageNet Two- Way Paging based on InFLEXlon technology, and the optm¢ation of the five P89eNet One Way Paging based on FLEX technology for the Atlantic Region (Washington DC, Baltimore, Upstate New York. Virginia, Pittsburgh, and Kentucky) • Voke Stream - Portland, OR July 1995 - June 1996 15.1. Design of the Voice Stream Portland, OR PCS Market EXTELCOM - Manila, Philippines May 1989 - May 1995 15.1.1. Cellular Systems Design Engineer AM WY ao c.•rw r•r sr rw• rn.n✓++. . arm • Member of the RF engineering team that designed one of the two original cellular carriers in the Philippines. • Frequency planning, capacity analysis, link budget analysis, and interface analysis on EXTELCOM's AMPS nett/ k IS. L L /.ADDITIONAL TRAINING AND TECHNICAL SKILLS • Antennas for Cellular and PCS • LCC Hardware Tools Workshop • Link Budget Analysis • Introduction to Cell CAD • TECC Wizard Training Course • Introduction to Xtel Data Collection too# • Introduction Field Measurement Tools • Design Workshop 1811 • Introduction to OSM/DC51g00 • into to CDMA • Motorola AMPS System Design • Motorola AMPS System Frequency Planning • Cell Prolocds: AMPS, IS -54, IS -136 • LCC Equipment Cell CAD 4.0 propagation package, Cell Ouesl software Package _ _.. • TX -1500. drive lest transrrriOer, RSAT20008 EXP 2001 drive lest expermm ctrassis • Ceaumate hardware Celumale Analyst software • Introduction to UMTS Network training by LCC • UMTS Basic Introduction by Ericsson • W CDMA Au Interface and Ran Protocols 8 Procedures by Ericsson I5JJ.2.EDUCATION Don Boeco Technical College - Mandaluyong City, PNkppines Bachelor of Science in Electronics Communication Engineering June 1982 - April 1988 Donald L. Haes, Jr., A.D., CHP Radiation Safety Specialist MA Radiation Control Program Health Physics Services Provider Registration 865-0017 PO Ban 368, Hudson, NH 03051 Voice: 603-303-9959 Fax: 603-386-6315 Email: donald_haes_chp@myfairpuint.net April 26, 2010 Re: AT&T personal wireless services panel antennas mounted on the existing 100' monopole located at 723 Osgood Street in N. Andover, MA. PURPOSE I have reviewed the information pertinent to the Personal Wireless Services (PWS) facility at the above location (See Figure 1). The following sections of the Town of North Andover Massachusetts Zoning Bylaws are addressed by this report: Section 8.9 Wireless Service Facilities, 5)Application Procedures, vii) Radiofrequency Radiation (RFR) Filing Requirements, subsections (1-3). In order to determine regulatory compliance, theoretical calculations of maximal radio- frequency (RF) fields have been prepared in addition to obtaining ambient RF field measurements. The physical conditions are that AT&T panel antennas are mounted within a radome on the existing monopole at a centerline of 88' above ground level (AGL) (see top inset, Figure 1). Other PWS providers have antennas mounted within the monopole as well. The calculated and measured values of power density are presented m a percent of current Maximum Permissible Exposure values (%MPE) as adopted by the Federal Communications Commission (FCC)',', and those established by the MDPH' (With 100% an acceptable amount). SUMMARY The measured ambient RF field levels indicate the maximum level to be about six -tenths of one percent (0.6% MPE) of the current RF exposure guidelines. These results indicate the site is well within compliance with regulatory guidelines for RF exposure. These RF field measurements are accurate and meet FCC Guidelines as specified in the Radiofrequency Radiation Standards subsection of the Town of North Andover Zoning Bylaws. The theoretical RF field calculations, performed in accordance with the guidelines specified by the FCC in their Office of Engineering and Technology (GET) Bulletin number 65, indicate the AT&T RF contributions of the existing RF field levels are about one-tenth of one percent (0.1% MPE) of the guidelines. This result means that there could be about 1,000 similar additional AT&T installations at this location, and still be within guidelines for RF exposure. Based on my extensive experience with personal wireless services facilities, and the theoretical RF fields I have calculated and measured, it is my expert opinion that the AT&T installation of personal wireless services antennas complies with the aforementioned sections of the Town of North Andover Bylaws. 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 Massachusetts Department of Public Health (MDPH)'. At frequencies licensed to personal wireless services providers by the FCC, the values of the RF exposure standards listed above are analogous. 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 bands of the PWS industry. Table 1: Maximum Permissible Exposure Values in Uncontrolled/Public Areas For Emissions from Personal Wireless Services Facilities Frequency Bands Maximum Permissible Exposures' 300 - 1500 MHz f / 1.5 in ltW/cm' 1500 - 100,000 MHz 1,000 µW/cm' Note: 1 mW = 1,000 pW =0.001 W For equivalent plane -wave power density, where f is the frequency in MHz. Page 3 of 16 MEASUREMENT PROTOCOL RF field measurements were obtained on April 24, 2010, using accepted scientific procedures." The temperature was 68°F with sunny skies. The measuring equipment included a Narda model 8715 Electromagnetic Radiation Meter with model B8742D Broadband Isotropic Probe. The probe of choice in a mixed -frequency environment is the broadband type - that is, it responds to a wide range of frequencies. The Narda model B8742D probe provides a meter read-out in %MPE (percent FCC 1997 Maximum Permissible Exposure) for members of the general public within the frequency band of 300 kHz to 3 GHz (NOTE: 1 kHz = 1,000 cycles per second,l MHz = 1,000,000 cycles per second, and 1 GHz = 1,000,000,000 cycles per second). The measurements were obtained at several locations in the general vicinity of the existing PWS facility (See map, Figure 2). At each location, measurements were obtained by continuously scanning an area from the ground plane up to a height of six feet above ground level, referred to as the "Spatial Average". The spatial average readings at each location were recorded as %MPE. In addition, the highest reading during the spatial average was recorded as the "peak' reading. The results are listed in Table 2, with the locations depicted in Figure 2. NOTE: These locations are the same as those in my RF report performed for AT&T dated January 31, 2007. The accuracy of the measurement system is a combination of the following` : instrument accuracy, ± 1.0%; calibration uncertainty, +0.5 dB (1. 122), - 0.5 d13 (0.891); and probe isotropy error, + 0.75 dB (1.189), - 0.75 dB (0.841). A conservative approach is to obtain the root -sum - square (RSS) of the three factors as follows: If the meter reads high, RSS = [ (0.01)'+ (0.122)'+ (0.189)']', or 22.5 % higher than true value; the correction factor is 1/1+RSS = 0.816. If the meter reads low, RSS = [(0.01)'+ (1-0.891)'+ (1-0.841)']', or 19.3 % lower than true value; the correction factor is 1/1-RSS = 1.24. For this RF exposure analysis, the readings were multiplied by 1.24 to be conservative. The NARDA Microwave Corporation, 435 Moreland Road, Hauppauge, NY, 11788. Page 4 of 16 RESULTS Table 2: Results of Broadband RF Field Measurements Vicinity of Existing Flagpole -Styled Monopole Located at the Stevens Estate 723 Osgood Street in N. Andover, MA Location, See Figure 2 Spatial Average Reading Peak Meter Reading Corrected %MPE ' Corrected %MPE t 1 0.32 0.57 2 0.28 0.53 3 0.30 0.58 4 0.30 0.56 5 0.33 0.53 6 0.47 0.53 7 0.35 0.43 8 0.31 0.42 9 0.45 0.57 10 0.52 0.59 Table Notes: Readings multiplied by 1.24 to correct for instrument uncertainty. Page 5 of 16 0 THEORETICAL RF FIELD CALCULATIONS - GROUND LEVELS These calculations are based on what are called "worst-case" estimates. That is, the estimates assume 100% use of all transmitters simultaneously. Additionally, the calculations make the assumption that the surrounding area is a Flat plane. The resultant values are thus conservative in that they over predict actual resultant power densities. s The calculations are based on the following information: 1. Effective Radiated Power (ERP). 2. Antenna height (centerline, above ground level (AGL)). 3. Antenna vertical radiation patterns; the source of the negative gain (G) values. "Directional" antennas are designed to focus the RF signal, resulting in "patterns" of signal loss and gain. Antenna vertical radiation patterns display the loss of signal strength relative to the direction of propagation due to elevation angle changes. The gain is expressed as "G a Note: G is a unitless factor usually expressed in decibels (dB); where G = 10 For example: for G = 3, dB = 10'v10' = 2; for G = -3, dB = 10 t -"10t = 0.5. To determine the magnitude of the RF field, the power density (S) from an isotropic RF source is calculated, making use of the power density formula:' S =-P • G Where: P - Power to antenna (watts) 4 • 7r • RZ G - Gain of antenna R � Distance (range) from antenna source to point of intersection with the ground (feet) R'= (Height)' + (Horizontal distance)' Since P • G = EIRP (Effective Isotropic Radiated Power) for broadcast antennas, the equation can be presented in the following form: S = EIRP 4.7r-RZ In the situation of off -axis power density calculations, apply the negative elevation gain (G a) value from the vertical radiation patterns with the following formula: S= EIRP•GE 4.7r•RZ Page 7 of 16 Ground reflections may add in phase with the direct wave, and essentially double the electric field intensity. Because power density is proportional to the square of the electric field, the power density may quadruple, that is, increase by a factor of four (4). Since ERP is routinely used, it is necessary to convert ERP into EIRP; this is readily done by multiplying the ERP by the factor of 1.64, which is the gain of a half -wave dipole relative to an isotropic radiator. Therefore, downrange power density estimates can be calculated by using the formula: S=4• [ERP •1.641• GE=ERP•1.64• E=A.522. ERP. GE 4•a•RZ n•R' R2 The theoretical power density calculations for the existing AT&T contributions are listed in Table 3 for each three degree increment of depression angle (90° being straight down at the base of the monopole, and 0° being straight out from the antenna). The values have been calculated for a height of six feet above ground level in accordance with regulatory rational. To calculate the % MPE, use is made of the formula: % MPE= S • 100 MPE The theoretical %MPE calculations for the AT&T RF contributions are listed in Table 3 for the same angle and height conditions. The theoretical % MPE calculations for the existing PWS RF contributions excluding AT&T are depicted in Figure 3 as plotted against linear distance from the base of the monopole. In addition to the six foot height, and depicted for reference only, values have been plotted for a height of 16 feet above ground level for comparison with a typical two-story structure. Note that a logarithmic scale is used to plot the calculated theoretical % MPE values in order to compare with the MPE of 100%, which is so much larger that it would be off the page in a linear plot. The theoretical% MPE calculations for the existing PWS plus AT&T RF contributions are similarly depicted in Figure 4. The difference between the two figures represents the theoretically -predicted RF field contributions from AT&T only. NOTE: The curves in Figures 3 & 4 resemble a straight-line on the log -linear plot at distances beyond about two thousand feet. Within about two thousand fee4 the curves are variable due to the application of the vertical radiation patterns. Page 8 of 16 Page 9 of 16 Table 3: Theoretical RF Field Calculations AT&T GSM PCS Contribution 723 Osgood Street in N. Andover, MA ERP = 1600 Watts (maximum, per sector) @ f = 1930 - 1945 MHz Kathrein 800-10121 Antenna (existing), Height = 88 feet [AGL, centerline] General Population MPE = 1,000 µW/cm' @ J > 1500 MHz Depression Angle de ees Gain dB Power Density Distance from (µW/cm) Base (feet) @ 6' AGL Percent MPE @ G AGL -90 -41.06 0 0.010 0.001% -87 -42.69 4 0.007 0.001% -84 45.26 9 0.004 0.000% -81 -38.72 13 0.018 0.002% -78 -34.50 17 0.045 0.005% -75 -30.68 22 0.107 0.011% -72 -26.63 27 0.263 0.026% -69 -23.22 31 0.555 0.056% -66 -20.98 37 0.890 0.089% -63 -20.08 42 1.042 0.104% -60 -20.50 47 0.894 0.089% -57 -22.13 53 0.576 0.058% -54 -24.91 60 0.283 0.028% -51 -28.76 66 0.107 0.011% -48 -31.52 74 0.052 0.005% -45 -28.39 82 0.097 0.010% -42 -24.48 91 0.213 0.021% -39 -22.39 101 0.305 0.031% -36 -22.61 113 0.253 0.025% -33 -26.23 126 0.094 0.009% -30 -28.56 142 0.047 0.005% -27 -20.91 161 0.223 0.022% -24 -17.15 184 0.426 0.043% -21 -16.63 214 0.373 0.037% -18 -20.72 252 0.108 0.011% -15 -27.90 306 0.015 0.001% -12 -12.43 386 0.330 0.033% -9 -6.34 518 0.760 0.076% 1-2.80 780 0.767 0.077% -3 -0.78 1565 0.306 0.031% 0 0 0 0% Page 9 of 16 I 0 1 ,I` e 1 1 1 � o 1 1 1 1 1 1 1 1 1 1 1 1 1 I 1 1 1 1 1 _ 1 1 .I 1 1 1 1 1 � / 1 1 1 1 i i I 0 ,I` e � o I 0 8 Ni C t Fi o Y i Q Ni C t Fi o Y Ni C t Fi BYLAWS The sections of the Zoning Bylaw for the Town of North Andover (as last amended in May 2004) relating to RF emissions in the application procedures are as follows: THE ZONING BYLAW, TOWN OF NORTH ANDOVER, Inst Amended May 2004 Section 8.9 Wireless Service Facilities 5) Application Procedures vii) Radiofrequency Radiation (RFR) Filing Requirements: (1) All telecommunications facilities shall be operated only at Federal Communications Commission (FCC) designated frequencies, 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 shal I provide a statement listing the preexistent and maximum future projected measurements of RFR from the proposed wireless service facility, including all co -locators, for the following situations: (a) Preexistent or ambient: the measurement of preexistent RFR. (b) Preexistent plus proposed wireless service facilities: maximum estimate of RFR from the proposed wireless service facility plus 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. (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 105 CMR122.000 requires that the Department of Public Health approve all sites for wireless facilities with respect to emissions. Page 12 of 16 FINDINGS (1) AT&T telecommunications facilities operate only at Federal Communications Commission designated frequencies and power levels. The theoretical RF field calculations data for the AT&T RF contributions indicate a maximal potential RF field level at ground level to be an additional one-tenth of one percent (0.1% MPE) of the current FCC RF exposure guidelines (See Table 3 results). This result means that there could be about 1,000 similar additional installations at this location, and still be within Federal (FCC) and State (MDPH) guidelines for RF exposure. (2) (a) The measured ambient RF field levels indicate the maximum level to be less than six - tenths of one percent (0.6% MPE) of the current exposure guidelines. The results are listed in Table 2, with the locations depicted in Figure 2. These RF field measurements are accurate and meet FCC Guidelines as specified in the Radiofrequency Radiation Standards subsection of the Town of N. Andover Zoning Bylaws. (b) The theoretical RF field calculations data for the AT&T RF contributions indicate a maximal potential RF field level at ground level to be an additional one-tenth of one percent (0.1 % MPE) of the current FCC RF exposure guidelines (See Table 3 results). This result means that there could be about 1,000 similar additional installations at this location, and still be within Federal (FCC) and State (MDPH) guidelines for RF exposure. (c) These RF field measurements are accurate and meet FCC Guidelines as specified in the Radiofrequency Radiation Standards subsection of the Town of North Andover Zoning Bylaws. (3) Subsection (3) has been preempted by the Commonwealth of Massachusetts Department of Public Health (MDPH) Radiation Control Program. "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." Page 13 of 16 CONCLUSION The measured ambient RF field levels indicate the maximum level to be about six -tenths of one percent (0.6% MPE) of the current RF exposure guidelines. These results indicate the site is well within compliance with regulatory guidelines for RF exposure. These RF field measurements are accurate and meet FCC Guidelines as specified in the Radiofrequency Radiation Standards subsection of the Town of North Andover Zoning Bylaws. The theoretical RF field calculations, performed in accordance with the guidelines specified by the FCC in their Office of Engineering and Technology (OET) Bulletin number 65, indicate the AT&T RF contributions of the existing RF field levels are about one-tenth of one percent (0.1 % MPE) of the guidelines. This result means that there could be about 1,000 similar additional AT&T installations at this location, and still be within guidelines for RF exposure. Based on my extensive experience with personal wireless services facilities, and the theoretical RF fields I have calculated and measured, it is my expert opinion that the AT&T installation of personal wireless services antennas complies with the aforementioned sections of the Town of North Andover Bylaws. Feel free to contact me if you have any questions. Sincerely, Donald L. Haes, Jr., .D Certified Health Physicist Note: The analyses, conclusions and professional opinions are based upon the precise parameters and conditions of this particular site; 723 Osgood Street in N. Andover, MA. Utilization of these analyses, conclusions and professional opinions for any personal wireless services installation, existing or proposed, other than the aforementioned has not be sanctioned by the author, and therefore should not be accepted as evidence of regulatory compliance. Page 14 of 16 Donald L. Haes, Jr., A.D., CHP Radiation Safety Specialist MA Radiation Control Program Health Physics Services Provider Registration k65-0017 PO Box 368, Hudson, NH 03051 Voice: 603-303-9959 Fax: 603-386-6315 Email: donald_hms_ch @m ai p yf rpnint.neI STATEMENT OF CERTIFICATION 1. I certify to the best of my knowledge and belief, the statements of fact contained in this report are true 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. I have no present or prospective interest in the property that is the subject of this report and I have no personal interest or bias with respect to the parties involved. 4. My compensation is not contingent upon the reporting of a 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 (ABHP) statement of standards of professional responsibility for Certified Health Physicist. April 26. 2010 Donald L. Hoes, Ir., .D Date Certified Health Physicist Page 15 of 16 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 1; Federal Communications Commission]. 2 . Telecommunications Act of 1996, 47 USC; Second Session of the 100Congress of the United States of America, January 3, 1996. 3 .105 CMR 122.000: Massachusetts Department of Public Health, Non -Ionizing Radiation Limits for: The General Public from Non -Occupational Exposure to Electromagnetic Fields, Employees from Occupational Exposure to Electromagnetic Fields, and Exposure from Microwave Ovens. 4. ANSYMEE C95.1-1999: American National Standard, Safety levels with respect to human exposure to radiofrequency electromagnetic fields, from 3 KHz to 300 GHz (updated 2005). 5. National Council on Radiation Protection and Measurements (NCRP); Biological Effects and Exposure Criteria for Radiofrequency Electromagnetic Fields, NCRP Report 86, 1986. 6. ANSMEEE C95.3-1999: American National Standard, Recommended Practice for the Measurement of Potential Electromagnetic Fields - RF and Microwave. 7 . NCRP Report No. 119: National Council on Radiation Protection and Measurements, 1993; A Practical Guide to the Determination of Human Exposure to Radiofrequency Fields. 8 . Petersen RC and Testagrossa PA: Radio -Frequency Electromagnetic Fields Associated With Cellular -Radio Cell -Site Antennas. Bioelectromagnetics, 13: 527-542; 1992. 9 .OET Bulletin 65: Federal Communications Commission Office of Engineering and Technology, Evaluating Compliance with FCC Guidelines for Human Exposure to Radiofrequency Electromagnetic Fields; Edition 97-01, August 1999. Page 16 of 16 CERTIFICATE OF LIABILITY INSURANCE Y.1111°ATEIM 1 "i raooucER Marsh USA Inc. 701 Markel SlreaI Suite 1100 St. Louie, MO 63101 THIS CERTIFICATION IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Town of North Andovr e EVIMTION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL AM: ATT.CertRequesedSMrsh.LORT 01856&GAW-cd-10-11 X INSURERS AFFORDING COVERAGE NAIC0 INSURED AT&TTBT Inc. and Subsitliades INSURER A Old Republic Insurance Co P 24147 Plaza 208 South Ak 208 INSURER B' . Hatay E. Jones V11 IE. 15 Y msuRER c: Dallas, TX ]52200 2 INSURER O'. INSURER E'. COVERAGES -'--- - -10 THE POLICIES OF INSURANCE LISTED BELOW HAVE SEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWRHSTANDING MY REQUIREMENT, TERM OR CONDITION OF MY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERM., EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MY HAVE BEEN REDUCED BY PAD CLAIMS. LT0.�INSR TV>E OF INSURANCE gLICY NUMBER Fp11CV ViECM[ pATEMMuwmp vEXFWTpn oiE IMMpPYvvn LIYRS A JURRITY MERC VLGFNERKL4HILITY CWMS AYOE OCCUR MWZY58820 WI01/20/0 06/01/2011 OCCURRENCE 0 PREMISES E7an„erce S 1.000.000 MED EM IMYr^e 1—) .4 10.000 kGEW�AGGFEGATEUEATAFFUESPEF PE0.5IX14.SAOV ei b' 1,000.000 G"i AGGRFWTE E 10,000,000 PROGNACTS-COMWOPADD 1000000 1CV JET LOC LMBNry AUTO MWT820965 W/01I2010 08!01/2011 COMBINED Ee.&SUslNGlBUMrzS 1.000,000 OVMED AUTOS EONEDeum. .IN. Aurrm BODILY INJVRY .4LWNEDAU 4AMOMMILE OS (Pr vadmi) PROPERTY DHMGE WBILITYWTOCNLY-EAACCIDENT b'AUTO FAgCC AUTOONLY AIROOMY: AGG f E%CESS/UMBRELLALIA&IITY OCCUR � CL,uM$MIDE EACH K $ pOGREGAIE E DEDUCTIBLE s RETENTION S A ANO WORKER LIABILITY ERS' LIABILITY MWCII668100 06/01/2010 06/01/2011 X wcai 07R My PR gVYPROPNETOR/PARTNDEiD%ECVIIVE Y/N 1OFFICEWryMEMBERyE%CWOE01 O $FFCIAL PROVI�IONSEelgv ne urvk, .L. EACXACCICENT 1,000,000 LNEEASE - EA EMPLOYE $ 1,DOD.000 Lp15EASE �PCUCY LIMIT S 1.000,000 OTHER DESCRIPIIOX OF OPEMPDXSLOCA11.14.EXILLENE%CLV810XS ADDED BY EHOORSEMENT/BFELNL rRON810N8 Re: Installation, Operation and maintenance of a cellular lelecommunicalions facility located at 723 Osgood Street, Stevens Estate, N. Andover, MA Town of North Andover is included as an Additional Insured under the General Liability policy but Only with respect to the requirements of the wnlrad belween Me Certificate Holder and AT&T Inc. and Subsidiaries. CERTIFICATE HOLDER CHI -002358586-10 CANCELLATION I 1 01998 -NOB ACORD CORPORATION. All Rights Reserved The ACORD name and logo are registered marks of ACORD SHOULD ANY OF ME ABOVE OE.B'.ED FOIJCIES BE CANOELLEO BEFORE THE Town of North Andovr e EVIMTION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 120 Malo Street North Andover, MA 01845 -30..$ WRITTEN NOTICE TO THE CERTIMCATE HOLDER WLMEO TO ME LER, BUT FAILURE TO 00 80 SHALL INFUSE NO OBLIGATION OR LIABILITY OF ANY KIND U:N TME INSURER, ITS AGENTS OR REPBESEMA S. NManA USAEx Amg Hatay E. Jones V11 IE. 15 Y I 1 01998 -NOB ACORD CORPORATION. All Rights Reserved The ACORD name and logo are registered marks of ACORD IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies In require an endorsement. A statement on this certificate does not confer rights to the certificate ay holder in lieu of such endorsement(s). DISCLAIMER This Certificate of Insurance does not constitute a contract between the issuing insuregs), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. /r 4 .rel Rosati Acoustics + Multimedia, Inc June 10, 2010 Ben Revette Dewberry 280 Summer Street, 10th Floor Boston, MA 02210-1131 brevette®dewberrv.com RE: Sprint Nextel Project, North Andover, MA Project #: 50002877, Job#: 50023503 Cell Site Noise Measurement Report v1 Rlp vl - Pagel 013 Subsequent to a visit to the cell tower site, located at 723 Osgood Street, North Andover, MA, on June 8, 2010 per your request, sound measurements were performed and the results are tabulated within this document. The objective was to measure the noise produced by the equipment supporting the cell tower operation. The measurement equipment utilized is as follows: a B&K (BrOel and Near) 2236 digital sound level meter, with a B&K 4188 reference test microphone. The meter was calibrated on-site by means of a B&K 4231 sound level calibrator. The B&K 2236 and microphone meter conformed to applicable performance specifications. All B&K devices were recently calibrated by the manufacturer's accredited calibration laboratory. A heavy-duty tripod supported and positioned the meter during the capture of each of the sound levels. The cell tower site is rural and the tower's equipment is completely surrounded by a wooden fence, constructed with 1x4 -engineered lumber, and is eight feet in height. The fence is in very good condition and does not present any significant acoustical leaks. It encompasses two telecommunication equipment huts, a generator, tank, antenna mast, and various electronic cabinets, as well as electrical panels. The equipment huts are cooled via through -wall, self-contained, air conditioning units, model number V24A05A1 FDPG-NF, manufactured by Factions. The two air conditioning equipment are the exclusive source of mechanical noise generation. Eight (8) sound level measurements were recorded at points surrounding the perimeter of the fenced - in area. They were captured at a distance of twenty-four (24) feet from the fence. Each of the measurement positions are depicted on the attached drawing, titled "Noise Test Plan." Additional measurements were recorded within the fenced -in area at a distance of ten (10) feet from the air conditioning units. The additional measurements, tabulated herein, were recorded with a unit on, and then with the unit off (thermostatically controlled). These measurements established the maximum noise generated by the air conditioning equipment. The weather conditions did not influence the measurements. The air temperature was approximately 66°F, with an intermittent breeze. The temperature and wind were virtually stable for the extended 123 sow' Street measurement period of sound level capture. Sound measurements were captured between periods of Boston. MAA 02111 elevated wind behavior. 617-240-3153 rCC®rosetie W LL4ties.com w3,rosetisuoustios.oxn Rlp vl - Pagel 013 @Rosati Acoustics + Multimedia, Inc In addition to the noise produced by the air conditioning units, several supplemental noises were clearly audible as well. The ambient noise level, without the air conditioners operating an supplemental noises audible, except for the intermittent low-level rustle of leaves, avereeled 58dBs, a a distance of twenty-four(24) feet from the main entrance. The supplemental noises, and their approximate contribution to the overall noise floor, are listed below A. Roadway vehicle traffic — intermittent, +3dB: over ambient noise B. Air traffic (planes & helicopter) — intermittent, yet frequent, +4-6dBz over ambient noise C. Leaves rustling on trees — intermittent, yet frequent+2-3dB: over ambient noise D. Flag pulley against the antenna mast — intermittent, +2d B: over ambient noise E. Train whistle — highly intermittent, +3dB: over ambient noise The captured measurements from the eight locations, surrounding the fence, are listed following. Refer to the attached drawing, Noise Test Plan, for location coordination: Ref. # Location SPL —Slo SPL --Leq 123 South Street Boston, x 02111 617-240-3153 rob®msaiiacounics.com 1 East Side 62.7dB 62.9dB 2 Southeast Corner 61.3dB 60.9dB 3 South Side 60.00 59.1dB 4 Southwest Corner 61.3dB 62.1dB 5 West Side 60.5dB 60.2dB 6 Northwest Comer 60.7dB 61.9dB 7 North Side 61.5 dB 61.1dB 6 Northeast Comer 59.6dB 60.ldB Leq AVE 61.03dB The eight (8) measurements were captured with one air conditioning unit operating, and the test microphone at a height of five (5) feet above the ground. All measurements are unweighted (not filtered). The SPL Slow measurements were captured in the absence of the five (5) supplementary noises (A—E) listed previously. The Slow meter response imparts a time average of one second. The equivalent sound level measurement, Leq, is the steady sound level that, over a five-minute period, would produce the same energy equivalence as the fluctuating sound level actually occurring. The five-minute period was sufficient due to the consistent spectrum and level generated by the air conditioner. The measurements captured at the interior location, labeled INT on the Noise Test Plan, were ten (10) feet from the AC units, at a height of four (4) feet above the ground, and without wind. Levels are listed following: Report v1 - Page2 o13 Fan Status SPL Sic w Note #1 OFF, #2 OFF 62sdB Ambient level (within quasi -reflective fenced -in area) #1 OFF, #2 ON 75.6dB Fan status used for the (8) exterior measurements (#1 ON, #2 ON' 78.6dB' Fan noise status not available — calculated total) 123 South Street Boston, x 02111 617-240-3153 rob®msaiiacounics.com The noise level generated by the air conditioning unit was measured at an angle of approximately +15° off -axis from the center of the fan unit, at a height of four (4) feet. An independent thermostat controls the operation of the each unit. The units did not exhibit any excessive vibrations or other conditions that may indicate the need for maintenance or modification. Units were rarely operating simultaneously. w3.rosatiacoustiu.com Report v1 - Page2 o13 �Rosati Acoustics + Multimedia, Inc W=j/ 'Please note: although the sound levels were measured with one AC unit operating, the mathematical sum of the two units operating together is approximately 3dB greater than only one operating. Theoretically, all measurements would read a maximum of 3dB greater with the second unit functioning. However, the second unit would only be a significant contributor to a measurement if its physical orientation was able to generate sound in a particular direction with an unimpeded path. Therefore, the overall sound contribution of the second unit does not pose a significant impact on this series of measurements. CONCLUSION The equipment huts and the wood fence together provide an adequate barrier which minimize the propagation of direct sound energy from either air conditioner to the surrounding area. The two (2) air conditioners are the exclusive noise source on the premises. The Leq measurements, averaging 61.03dB, indi c-Vpe-seat' ion of the air conditioner noise to the overall ambient noise, was approxi sly 3dB above the ambleOise level. The second unit operating may increase that to perhap dB above the Ambi " e level. The wind and other reoccurring sounds can sufficiently mask the noise produced by the cell tower support equipment (all equipment functioning properly). Due to the absorption of sound energy by the air, noise levels will diminish as the distance increases away from the site. The maximum attenuation by the air is -6dB for each doubling of distance from the source, and typically will range closer to 3-5dB. From this law of sound behavior, the sound level would diminish to a level well below ambient at less that fifty feet from the fence. Please call if any questions arise. Sincerely, i/40 '� Robert A. Rosati Acoustics Engineer ROSATI ACOUSTICS+MULTIMEDIA, INC ATTACHMENTS: Noise Test Plan, Dated 06/10/10 Site Photograph 123 South Street Boston. MA 02111 611-260-3153 robOresatiacou tics.= w3.rosetlacoustics.com Re 0 - Pege3 d3 32'3 GENERATOR 1 X4 WOOD FENCE @ 8'-0"H ' WOODEN DOORS @ 6'-O"W EA.,.ice TEST DISTANCE EQUALS 24' ±4"� (COMPLETELY CLOSED DURING TESTS) 1 f (DISTANCE FROM FENCE FOR ALL 8 LOCATIONS) SPRINT NEXTEL CELL TOWER NOISE TEST PLAN ACOUSTICS T1ACOUSTICS + MULTI DESIGN NORTH INC SITE: 723 OSGOOD STREET NORTH ANDOVER, MA 01845 DATE: 06/10/10 PROJECT #: 50002877 123 SOUTH STREET J BOSTON, MA SCALE: 3/16"-1'-0" JOB #: 50023503 617-240-3153 J rob@rosatiacoustics.Com GREENMAN - PEDERSEN. INC. Engineer; Architects. Planners, ConsfruCticn Engineers & Inspectors September 14, 2001 Mr. Steve Awl rsob Anderson & Kreiger 47 Thorndike Street Cambridge, MA 02141 Reference_ AT&T Sit, 445.7 Stw n's Estate 723 Osgood Street, North Andover, MA GPI Project No. 20002092A. Dear Mr. Anderson: As requesied, we Lave looped at the above -referenced site to determine the proximity of the nearest wedded area and the lAe located to the East/North-East. The base plans ohlained from the Toon of North Andover indicate flagged wetlands located along 1. intermittent stream to the vest of the site. These 11,99 are located approximately 700ft ,way from the proposed wireless site. Also, the take located to the East/North-East is approximately 1700ft away from the wireless facility. No wetlands are shown within of the site. 1170- have any questions, please contact our office. Very truly yours, - GREENMAN_PEDERSEN, INC. Cl`� Project Manager CJsleis 1 ill W 0209 121J20010914A.. 26 LORD ROAD, M LBOROUGH. MA 01752 TEL (508) 461-7200 FAX: 1508) 480-0645 w .gpinef.eom C WIRY 11-R00011 COMIN"S 1MP120VEMEN)' 1 Transportation Land Development Environmental ServIC, i rmagmatlonlmnovarnnl energ7 Creatug resoles for our<Bmaand benefits for our mmmw,ines September 7, 2001 Vanacca Flangvll Rrndlin, Inr Ref number: 40263 Brendan Kaisershot, Paralegal Brown, Rudnick, Freed & Gesmes, Ltd. One Providence Washington Plan Providence, Rhode Island 02903 Re: Wetland Inspection Sprint Site BS54XC860A Steven's Estate 723 Osgood Street North Andover, Massachusetts Dear Mr. Kaisershot. Sprint is proposing to build a 100 -foot monopole, with related equipment cabinets at the base of the pole, at 723 Osgood Street in North Andover, Massachusetts. As part of the National Environmental Policy Act (NEPA) assessment for the proposed Sprint site, Vanasse Hangen Brustlin, Inc. (VHB) has completed on- site investigations to determine if wetlands and/or watercourses are located on or in the vicinity of the Site. I inspected the Site on September 7, 2001. We relied upon the accuracy of information provided by Sprint PCS and its contractors regarding the proposed site locations. We were provided with a Bay State Design lease exhibit dated August 17, 2001. NEPA Categorical Exclusion Checklist: • Because no federal wetlands will be filled by the proposed work, the work does not constitute a "significant change in surface features" as listed on the Federal Communication Commission's Categorical Exclusion Checklist. State and Local Wetland Permits: • The site was inspected for regulated wetland resources under the Massachusetts Wetlands Protection Act and the North Andover Wetlands By-law. No wetland resources were observed within 200 feet of the proposed work. Due to the absence of any Welland resources within 200 feet, there are no wetland -related permits required for the proposed work. If you have any questions, please call me at (617) 924-1770, ext 1503, or Kim Kingston at ext. 1816. Very truly yours, VANASSE HANGEN BRUSTLIN, INC. acKnomental Tin Scientist 101. Walnut Street Post Office Box 9151 Wuertox, Massachusetts 02471-9151 mnwrarnev�wzurspa.�naoovewnrvePn�we,we�ewnonn.ma... 617.924.1778. FA%617.924.2286 email: info®vhb.com . vhb.com The Commonwealth of Massachusetts Executive Office of Health and Human Services Department of Public Health Radiation Control Program 174 Portland Street, 5th Floor, Boston, MA 02114 JANE SWIFT (617) 727-6214 (617) 727-2098 - Fax OOVERNO ROBERT P. GITrENS BECRUAW HOWARD K. KOH, MO, MPH CONtl188gNM NEW POLICY REGARDING RADIOFREQUENCY 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. Aguide 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: rfsafetv(mfcc eov). Bulletin 65 can also be accessed and downloaded from the FCC's "RF Safety" website: httG://www.fcc.soc/oet/rfsaferi. 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 617-624-5757. 3/15102 °• °"'" Town of North Andover 3• '�,tl 4O e Office of the Planning Department Community Development and Services pivisaon rrcl? t,• - .''"•... Osgood Landing .... 1600 Osgood street 2001OCi -4 t,1111: 16 Building a20, Suite 2-36 Lincoln Daley North Andover, Massachusetts 01845 Toon Planner 1,10 P (978) 688-9535 MAS F (978) 688-9542 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: October 3, 2007 Date: September 4, 2007, Sept. 18, & October 2, 2007. Petition of Sprint Spectrum LP d/b/a Sprint PCS ("Sprint PCS") and New Cingular Wireless PCS LLC ("Cingular") One International Boulevard, Suite 800, Mahwah, NJ 07495 Premises Affected: Stevens Estate, 723 Osgood Street, North Andover, MA 01845 Map 35, Parcel 23 Referring to the above petition with provision of M.G.L., Chapter 40A, Section I 1 & Section 8.3, 8.9 & 10.3 of the zoning bylaw for a Site Plan Special Permit in order to allow for the (previously constructed) operation of a 100' tall wireless communications facility & associated equipment located on Stevens Estate at 723 Osgood Street, North Andover, MA within R-1 zoning district. At a public hearing given on the above date, the Planning Board voted to APPROVE a Site Plan Special Permit with a unanimous vote of 4-0 based on the following conditions: Signed: Lincoln Daley, Tow Tanner cc: Applicant Engineer Richard Nardella, Chairman Abutters John Simons, Vice Chairman Town Departments Jennifer Borax-Kusek, regular member Timothy Seibert, alternate member WARo OFAPPEAM688--9541 BURDINO688-9545 CONSERVATION 688.9530 HEAL'111688-9540 P6ANNINn688-9535 723 Osgood Street Sprint Spectrum L.P. Renewal of Special Permit— Wireless Service Facility The Planning Board herein approves the Special Permit Renewal so as to allow the applicants to operate and maintain a 100' tall wireless service facility (monopole) containing two wireless service carriers located at 723 Osgood Street in the Residential 1 Zoning District. This renewal is granted pursuant to Massachusetts General Law, Chapter 40A, Section 8.9.12 of the North Andover Zoning Bylaw, and will extend the above referenced Special Permit for a period three years. This Special Permit Renewal was requested by Sprint Spectrum LP, Crossroads Corporate Center, Suite 800, One International Boulevard, Mahwah, NJ 07495. The application and additional documentation as cited herein was filed with the Planning Board on July 25, 2007 with subsequent submittals on file. The Planning Board makes the following findings as required by the North Andover Zoning Bylaw Section 8.9: FINDINGS OF FACT: I. The specific site is an appropriate location for the project as the site is extremely large (153 acres), topographically higher than the surrounding area, contains significant and extensive forested land owned by the Town within which the flagpole -style facility will blend for an aesthetic and understated wireless communication installation. 2. The use as developed will not adversely affect the neighborhood as indicated by the submittals and reports referenced at the end of this decision in Condition #17. 3. The carrier has demonstrated that the continuation of the facility is necessary in order to provide adequate service to the public as indicated by the submittals and reports referenced at the end of this decision in Condition #17. 4. The plan meets the requirements of the Wireless Service Facilities By-law section 8.9, with the exception of the waivers granted hereby and listed in Condition #16. 5. Adequate and appropriate facilities will be provided for the proper continued operation of the proposed use. The monopole, antennas cables and equipment area are described in detail on the plans and reports referenced herein. Each carrier's proposed equipment shelter will be an unoccupied, unmanned, specialized area for the wireless communications equipment. 6. The Board finds, that because this particular flagpole -style installation constitutes a camouflaged facility under Sections 8.9.2.d, 8.9.3.6.2, 8.9.3.c.i, 8.9.4.a.ii, and 8.9.4.d.ii, the requirements for dense tree growth to screen views under Sections 8.9.3.c.ii, 8.9.4.aii, and 8.9.4.d.ii do not apply. In any event, the proposed installation is situated in an area of dense natural tree growth on the Stevens Estate property, so that the requirements for dense tree growth to screen views are satisfied. 7. The Radio -Frequency emissions of the facility meet applicable FCC guidelines and regulations. 8. The application is for the renewal of the Special Permit and as such, no new snvetures, antennas, cables, or equipment will be constructed or installed. Finally, Planning Board find that the project is in harmony with the general purpose and intent of the Town of North Andover Zoning Bylaw and generally complies with the requirements of the Bylaw as listed in Section 8.3, 8.9, and 10.3, but requires conditions in order to be fully in compliance. The Planning Board hereby grants an approval to the applicant provided the following conditions are met: 723 Osgood Street Sprint Spectrum L.P. Renewal of Special Permit - Wireless Service Facility r -o SPECIAL CONDITIONS: Discontinuance Abandonment 20010CT-4 Al.11�?7 B) At such time that a licensed carrier plans to abandon or discontinue opeKq(-ml pPWiielGcs service equipment, such carrier will notify the Town by certified US mail M9te. date of abandonment or discontinuation of operations. Such notice shall be given no less than 30 days prior to abandonment or discontinuation of operations. In the event that a licensed carrier fails to give such notice, the wireless service equipment shall be considered abandoned upon discontinuation of operations. b) Upon abandonment or discontinuation of use, the carrier shall physically remove the wireless service equipment placed on the site by the carrier within 90 days from the date of abandonment or discontinuation of use. `Physically remove,, shall include, but not be limited to: i) Removal of antennas, mount, equipment shelters and security barriers installed by the carrier (unless the same will continue to be used by the owner) from the subject property. ii) Proper disposal of the waste materials generated by the carrier from the site in accordance with local and state solid waste disposal regulations. c) As a condition of any special permit for the placement, construction or modification of a wireless service equipment at the site, the carrier shall place into escrow, a sum of money to cover the costs of removing the facility from the subject property. Said amount shall be certified by an engineer, architect or other qualified professional registered to practice in the Commonwealth of Massachusetts. Said funds shall be held by an independent escrow agent to be appointed by the carrier and the SPGA. The carrier shall authorize and, as necessary, shall obtain the authorization of the owner of the property to allow the escrow agent to enter upon the subject property to remove the facility when the facility has been abandoned or discontinued. In the event the posted amount does not cover the cost of demolition and/or removal the Town may place a lien upon the property covering the difference in cost. d) The equipment shall be deemed to be abandoned or discontinued if it has not been used for the purpose for which it was originally constructed for a period of six (6) months or more. Once abandonment or discontinuance has occurred, the carrier shall remove the equipment placed by the carrier from the subject property within ninety days. In the event that the carrier fails to remove the equipment, the town shall give notice to the carrier and the independent escrow agent that the equipment shall be removed by the escrow agent forthwith and the escrow agent, after affording written notice seven days in advance to the carrier, shall remove the facility. 2. Performance Guarantees a) Insurance in a reasonable amount determined and approved by the SPGA after consultation at the expense of the applicant with one (I ) or more insurance companies shall be in force to cover damage from the equipment on the structure, damage from transmissions and other site liabilities. Annual proof of said insurance must be filed with the SPGA. 723 Osgood Street Sprint Spectrum L.P. Renewal of Special Permit- wireless Service Facility b) Funds, sufficient in the opinion of the SPGA to cover annual maintenance of the equipment on the facility, shall be placed into escrow and shall be held by the independent escrow agent who shall be authorized to expend the funds for the maintenance of the equipment on the facility on terms to be agreed upon by the carrier and the SPGA as a condition of approval of the special permit. c) Annual certification demonstrating continuing compliance with the standards of the Federal Communications Commission, Federal Aviation Administration and the American National Standards Institute shall be filed with the SPGA by the Special Permit holder. Said information shall be submitted by July I of each year. 3. Term of Special Permit a) A Special Permit issued for any wireless service facility shall be valid for three (3) years. The special permit may be renewed under the same criteria as the original special permit, provided that the application for renewal of the special permit is made 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 SPGR, within 90 days of beginning operations and at annual intervals from the date of issuance of 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(4)(c)(1) RFR Filing Requirements of this Bylaw. The measurements shall be submitted for the equipment proposed on this facility. This condition shall be in effect until such time as an additional carrier proposes equipmenn this facility. At that time, this obligation will fall upon the proponent of the additional eqt o uip so as to obtain a better measure of the cumulative effect of the facility. ment c) The applicant shall submit to the SPGA within 90 days of the issuance of the Special Permit renewal, and at annual intervals from the date of issuance of the Special Permit, preexistent and current measurements of acoustic noise from the wireless service facility. Such measurements shall be certified and signed by an acoustical engineer, stating that noise measurements are accurate and meet the Noise Standards of this Bylaw. This condition shall be in effect until such time as an additional carrier proposes equipment on this facility. At that time, this obligation will fall upon the proponent of the additional equipment so as to obtain a better measure of the cumulative effect of the facility. d) The applicant and co -applicant or their successor in interest shall maintain the wireless service equipment in good condition. Such maintenance shall include, but shall not be limited to, painting, structural integrity of the flagpole -style monopole and maintenance of the buffer and landscaping, as applicable. e) Failure to obtain the information required in subsection 8.9(8) of the Zoning Bylaw shall result in a fine of not more than $300.00 dollars for each offense. Each day that such violation continues shall constitute a separate offense. 723 Osgood Street Sprint Spectrum L.P. Renewal of Special Permit- Wireless Service Facility t) A certified copy of the recorded decision must be submitted to the Planning Department. g) The applicant must submit a letter from the architect or engineer of the project stating that the construction and operations substantially comply with the plans referenced at the end of this decision as endorsed by the Planning Board. 8. Prior to the fast release of security: a) A final as -built plan showing final construction and location of the wireless hardware shall be submitted to and reviewed by the Planning Staff. 9. In an effort to reduce noise levels, the carriers shall keep their respective equipment in optimum working order, through regular maintenance, any and all equipment that shall emanate sounds from the structures or site. 10. The original Special Permit granted on November 14, 2001 and approved site plans referenced in Condition #17 by the Planning Board are herein incorporated by reference. The applicant and its successors shall comply with any/all terms and conditions of the said Special Permit. 11. The provisions of this approval shall apply to and be binding upon the applicant, its employees and all successors and assigns in interest or control. 12. The applicant shall immediately infocom the Planning Department in writing of any/all changes in name, company ownership, and contact information. 13. Any action by a Town Board, Commission, or Department that requires changes in the plan or design of the building as presented to the Planning Board, may be subject to modification by the Planning Board. 14. Any revisions shall be submitted to the Town Planner for review. If these revisions are deemed substantial, the applicant must submit revised plans to the Planning Board for approval. 15. In accordance with Section 8.9.12 of the Zoning Bylaw, this Special Permit approval shall be deemed to have lapsed after three (3) years from the date permit granted, that date being October 2, 2010. Prior to the expiration date of the renewed special permit, the applicanl and its successors shall file a Renewal application. 16. The following waivers were granted in determining this decision: a) Section 8.9(5)(d)(iii)(3) to label tree cover on the subject property and all properties directly abutting the subject property, by dominant species and average height on the plan. b) Section 8.9(5)(d)(iii)(4) to outline all existing buildings, including purpose on subject property and all properties adjacent to the subject property on the plan. e) Section 8.9(5)(d)(vii)(3) to submit a copy of the letter from the Massachusetts Department of Public Health approving the site for the facility. 723 Osgood Street Sprint Spectrum L.P. Renewal of Special Pemtit— Wireless Service Facility d) Section8.9 (5)(d)(viii) requiring 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. 17. The following information shall be deemed part of the decision: a) Plan titled: Sprint Steven's Estate 723 Osgood Street North Andover, MA 01845 Prepared for: Sprint Spectrum L.P. Crossroads Corporate Center, Suite goo One International Boulevard, Mahwah, NJ 07495 Prepared by: COler & Colamonio, Inc. 101 Accord Park Drive Norwell, MA 02061 Dated: 03/28/03 Sheets: T-1, A-1, A-2, D-1, D-2, E -I through E-5, AT&T Shelter & Foundations Details Sheet 3 sheets. b) Plan titled: Sprint Spectrum LP C) Report: Application for Wireless Services Facility S PP pedal Permit Renewal, July 18, 2007 Prepared for: Sprint Spectrum LP d/b/a Spring PCS and New Cingular Wireless PCS LLC Prepared by: Brown Rudnick Berlack Israels LLP 121 South Main Street Providence, RI 02903 cc. Building Inspector Applicant Engineer Site Plan 723 Osgood Street Prepared for: Sprint Spectrum L.P. Crossroads Corporate Center, Suite 800 One International Boulevard, Mahwah, NJ 07495 Prepared by: Color & Colamonio, Inc. 101 Accord Park Drive Norwell, MA 02061 Dated: 03/04/03 Sheets: y3 C) Report: Application for Wireless Services Facility S PP pedal Permit Renewal, July 18, 2007 Prepared for: Sprint Spectrum LP d/b/a Spring PCS and New Cingular Wireless PCS LLC Prepared by: Brown Rudnick Berlack Israels LLP 121 South Main Street Providence, RI 02903 cc. Building Inspector Applicant Engineer N D�j v r� :J C�} Q) 1• � •. ;�, �; t f .�ii ,ate _.____. +s;tc . s �:t iY. ___. f � • r �.: -r;�; ►�~'��_ !.. Wil. C a. ,. s? �,. Wit' e 1 �_ � � - ' 15 A � �� Taj r i � y t�. 1 .} � �� ,�CC i i s`��_a'��„ � � � . ���•� � �� , f c `�'� . 'c ., K 1 1 �`Ns at > r i� �,.�s f_ � � � n 1� ",y, . S�Lyz:_ Y.f:i.�`�3+� � a�, // 1 . a 'a , • ,M �, . Pii-: r �.T / l _�: mork ,oftmftwft�., t_. F L l C`�ICI , .a_; ► �� fill 1111�� �. ��� � :' arrarrrwaruiri 1 yyy 1 yy v �VII.-y1L� , v f 1 } h 4 i l t' �t j Yi 1,' 1 Y _,�Im ED Town of North Andover TC o� Office of the Planning Department 2010 SEP 8 PM 2100 -, Community Development and Services Division 1600 Osgood T'A CP �°s+taus g HOHTHA? Ql';vL, . North Andover, Massachusetts 01845 MASSACMSEiT3 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: September 7, 2010 Date of Hearings: August 17, 2010, September 7, 2010 Date of Decision: September 7, 2010 Application of: SPRINT Spectrum LP d/b/a Sprint PCS and New Cingular Wireless PCS LLC by and through its manager, AT&T Mobility Corporation Premises Affected: 723 Osgood St., Steven's Estate Map 35, Parcel 23 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 a 100' tall wireless communications monopole (previously constructed) and related panel antennas and associated equipment located at 723 Osgood St. The Special Permit was originally granted by the North Andover Planning Board on November 14, 2001 and was renewed on October 4, 2007. Upon a motion by T. Seibert and a 2"^ by C. LaVolpicelo, the Planning Board hereby APPROVES the renewal of a Wireless Special Permit for the installation of the above Wireless Facility by a vote of 4 in favor and 0 ainst O halt of the No th Andover Planning Board John Simons, Chairman Michael Colantoni Timothy Seibert Courtney LaVolpicelo The Planning Board herein approves the Special Permit Renewal so as to allow the applicants to operate and maintain a 100' tall wireless service facility (monopole) containing two wireless service carriers located at 723 Osgood Street in the Residential 1 Zoning District. This renewal is granted pursuant to Massachusetts General Law, Chapter 40A, Section 8.9.12 of the North Andover Zoning Bylaw, and will extend the above referenced Special Permit for a period of three years. This Special Permit Renewal was requested by New Cingular Wireless PCS, LLC by and through its manager AT&T Mobility Corporation and Sprint Spectrum LP, Crossroads Corporate Center, Suite 800, One International Boulevard, Mahwah, NJ 07495. The application and additional documentation as cited herein was filed with the Planning Board on July 9, 2010 with subsequent submittals on file. The Planning Board makes the following findings as required by the North Andover Zoning Bylaw Section 8.9: FINDINGS OF FACT: 1. The specific site is an appropriate location for the project as the site is extremely large (153 acres), topographically higher than the surrounding area, contains significant and extensive forested land owned by the Town within which the flagpole -style facility will blend for an aesthetic and understated wireless communication installation. 2. The Radio -Frequency emissions of the facility meet applicable FCC guidelines and regulations. According to the report issued by Dr. Hues, dated April 26, 2010, the installation contributes 0.1% of the MPE as determined by the FCC. 3. The monopole has been determined to be structurally sound, as evidenced by the report from Semaun Engineering Solutions, dated March 17, 2008 and the report of Dewberry-Goodkind, Inc., dated June 17, 2010. The applicant has also complied with all FCC guidelines regarding scheduled structural inspections. 4. The use as developed will not adversely affect the neighborhood as indicated by the submittals and reports referenced at the end of this decision in Condition # 16. 5. The carrier has demonstrated that the continuation of the facility is necessary in order to provide adequate service to the public as indicated by the submittals and reports referenced at the end of this decision in Condition #16. 6. The plan meets the requirements of the Wireless Service Facilities By-law section 8.9, with the exception of the waivers granted hereby and listed in Condition # 15. 7. Adequate and appropriate facilities will be provided for the proper continued operation of the proposed use. The monopole, antennas cables and equipment area are described in detail on the plans and reports referenced herein. Each carrier's proposed equipment shelter will be an unoccupied, unmanned, specialized area for the wireless communications equipment. 8. The Board finds, that because this particular flagpole -style installation constitutes a camouflaged facility under Sections 8.9.2.d, 8.9.3.b.2, 8.9.3.c.i, 8.9.4.a.ii, and 8.9.4.d.ii, the requirements for dense tree growth to screen views under Sections 8.9.3.c.ii, 8.9.4.aii, and 8.9.4.d.ii do not apply. In any event, the proposed installation is situated in an area of dense natural tree growth on the Stevens Estate property, so that the requirements for dense tree growth to screen views are satisfied. 9. The application is for the renewal of the Special Permit and as such, no new structures, antennas, cables, or equipment will be constructed or installed. Finally, Planning Board find that the project is in harmony with the general purpose and intent of the Town of North Andover Zoning Bylaw and generally complies with the requirements of the Bylaw as listed in Section 8.3, 8.9, and 10.3, but requires conditions in order to be fully in compliance. The Planning Board hereby grants an approval to the applicant provided the following conditions are met: SPECIAL CONDMONS: 1. Discontinuance Abandonment a) At such time that a licensed carrier plans to abandon or discontinue operation of wireless service equipment, such carver will notify the Town by certified US mail of the proposed date of abandonment or discontinuation of operations. Such notice shall be given no less than 30 days prior to abandonment or discontinuation of operations. In the event that a licensed carrier fails to give such notice, the wireless service equipment shall be considered abandoned upon discontinuation of operations. b) Upon abandonment or discontinuation of use, the carrier shall physically remove the wireless service equipment placed on the site by the carver within 90 days from the date of abandonment or discontinuation of use. "Physically remove" shall include, but not be limited to: i) Removal of antennas, mount, equipment shelters and security barriers installed by the carrier (unless the same will continue to be used by the owner) from the subject property. ii) Proper disposal of the waste materials generated by the carrier from the site in accordance with local and state solid waste disposal regulations. c) The equipment shall be deemed to be abandoned or discontinued if it has not been used for the purpose for which it was originally constructed for a period of six (6) months or more. Once abandonment or discontinuance has occurred, the carrier shall remove the equipment placed by the carrier from the subject property within ninety days. In the event that the carrier fails to remove the equipment, the town shall give notice to the carrier and the independent escrow agent that the equipment shall be removed by the escrow agent forthwith and the escrow agent, after affording written notice seven days in advance to the carrier, shall remove the facility. 2) Performance Guarantees a) Insurance in a reasonable amount determined and approved by the SPGA after consultation at the expense of the applicant with one (1) or more insurance companies shall be in force to cover damage from the equipment on the structure, damage from transmissions and other site liabilities. Annual proof of said insurance must be filed with the SPGA. b) Annual certification demonstrating continuing compliance with the standards of the Federal Communications Commission, Federal Aviation Administration and the American National Standards Institute shall be filed with the SPGA by the Special Permit holder. Said information shall be submitted by July I of each year. 3) Term of Special Permit. a) A Special Permit issued for any wireless service facility shall be valid for three (3) years. The special permit may be renewed under the same criteria as the original special permit, provided that the application for renewal of the special permit is made 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, within 90 days of beginning operations and at annual intervals from the date of issuance of 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(4)(cxl) RFR Filing Requirements of this Bylaw. The measurements shall be submitted for the equipment proposed on this facility. This condition shall be in effect until such time as an additional carrier proposes equipment on this facility. At that time, this obligation will fall upon the proponent of the additional equipment so as to obtain a better measure of the cumulative effect of the facility. c) The applicant shall submit to the SPGA within 90 days of the issuance of the Special Permit renewal, and at annual intervals from the date of issuance of the Special Permit, preexistent and current measurements of acoustic noise from the wireless service facility. Such measurements shall be certified and signed by an acoustical engineer, stating that noise measurements are accurate and meet the Noise Standards of this Bylaw. This condition shall be in effect until such time as an additional carrier proposes equipment on this facility. At that time, this obligation will fall upon the proponent of the additional equipment so as to obtain a better measure of the cumulative effect of the facility. d) The applicant and co -applicant or their successor in interest shall maintain the wireless service equipment in good condition. Such maintenance shall include, but shall not be limited to, painting, structural integrity of the flagpole -style monopole and maintenance of the buffer and landscaping, as applicable. e) A certified copy of the recorded decision must be submitted to the Planning Department. f) The applicant must submit a letter from the architect or engineer of the project stating that the construction and operations substantially comply with the plans referenced at the end of this decision as endorsed by the Planning Board. 8. In an effort to reduce noise levels, the carriers shall keep their respective equipment in optimum working order, through regular maintenance, any and all equipment that shall emanate sounds from the structures or site. 9. The original Special Permit granted on November 14, 2001 and approved site plans referenced in Condition # 16 by the Planning Board are herein incorporated by reference. The applicant and its successors shall comply with any/all terms and conditions of the said Special Permit. 10. The provisions of this approval shall apply to and be binding upon the applicant, its employees and all successors and assigns in interest or control. 11. The applicant shall immediately inform the Planning Department in writing of any/all changes in time, company ownership, and contact information. 12. Any action by a Town Board, Commission, or Department that requires changes in the plan or design of the building as presented to the Planning Board, may be subject to modification by the Planning Board. 13. Any revisions shall be submitted to the Town Planner for review. If these revisions are deemed substantial, the applicant must submit revised plans to the Planning Board for approval. 14. In accordance with Section 8.9.12 of the Zoning Bylaw, this Special Permit approval shall be deemed to have lapsed after three (3) years from the date permit granted, that date being September 7, 2013. Prior to the expiration date of the renewed special permit, the applicant and its successors shall file a Renewal application. 15. The following waivers were granted in determining this decision: a) Section 8.9(5)(d)(iii)(3) to label tree cover on the subject property and all properties directly abutting the subject property, by dominant species and average height on the Plan. b) Section 8.9(5Xd)(iiiX4) to outline all existing buildings, including purpose on subject property and all properties adjacent to the subject property on the plan. c) Section 8.9(5Xd)(viiX3) to submit a copy of the letter from the Massachusetts Department of Public Health approving the site for the facility. d) Section8.9 (5)(d)(viii) requiring 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. 16. The following information shall be deemed part of the decision: a) Plan titled: Sprint Steven's Estate 723 Osgood Street North Andover, MA 01845 Prepared for: Sprint Spectrum L.P. Crossroads Corporate Center, Suite 800 One Intematinal Boulevard, Mahwah, NJ 07495 Prepared by: Coler & Colantonio, Inc. 101 Accord Park Drive Norwell, MA 02061 Dated: 03/28/03 Sheets: T-1, A-1, A-2, D-1, D-2, E-1 through E-5, AT&T Shelter & Foundations Details Sheet 3 sheets. b) Plan titled: Sprint Spectrum LP c) Report: Application for Wireless Services Facility Special Permit Renewal, July 9, 2010 Prepared for: Sprint Spectrum LP d/b/a Spring PCS and New Cingular Wireless PCS LLC Prepared by: Brown Rudnick LLP 121 South Main Street Providence, RI 02903 d) Affidavit of Radio Frequency Engineer — Sprint PCS & AT&T e) Certificate of Insurance — Sprint PCS & AT&T f) RF Compliance — Sprint PCS & AT&T g) Affadavit of Radio Frequency Engineer — Sprint PCS & AT&T h) RF Emissions Report by Dr. Donald Haes, dated April 26, 2010. i) Structural Report prepared by Serum Engineering Solution, dated March 17, 2008. j) Structural Letter by Dewberry-Goodkind, dated June 17, 2010. M Building Inspector Applicant Site Plan 723 Osgood Street Prepared for: Sprint Spectrum L.P. Crossroads Corporate Center, Suite 800 One Intematinal Boulevard, Mahwah, NJ 07495 Prepared by: Coler & Colantonio, Inc. 101 Accord Park Drive Norwell, MA 02061 Dated: 03/04/03 Sheets: Z-3 c) Report: Application for Wireless Services Facility Special Permit Renewal, July 9, 2010 Prepared for: Sprint Spectrum LP d/b/a Spring PCS and New Cingular Wireless PCS LLC Prepared by: Brown Rudnick LLP 121 South Main Street Providence, RI 02903 d) Affidavit of Radio Frequency Engineer — Sprint PCS & AT&T e) Certificate of Insurance — Sprint PCS & AT&T f) RF Compliance — Sprint PCS & AT&T g) Affadavit of Radio Frequency Engineer — Sprint PCS & AT&T h) RF Emissions Report by Dr. Donald Haes, dated April 26, 2010. i) Structural Report prepared by Serum Engineering Solution, dated March 17, 2008. j) Structural Letter by Dewberry-Goodkind, dated June 17, 2010. M Building Inspector Applicant Town oJNorth Andover ZONING BOARD OFAPPEdLS e Albert P. Maui77l, Esq. Chairman Associate MembersEllen P. McIntyre, Vim -Chairman Thomas D. Ippolito RichardJ Byers, Esq. Clerk Michael P. Liporto Richard M VaillancourtDaniel S. Braese, Esq. Town Qak T. Sm Date Town of North Andover Zoning Board of Appeals 1600 Osgood Street North Andover MA 01845 Please be advised that I have agreed to waive the time constraints for the North Andover Zoning Board of Appeals to make a decision regarding the granting of a .. Variance. f . Special Permit Comprehensive Permit (40B) Finding for property located at: ' — L� STREET: '711 (J^SO( o0zJ �Jfee)1&,-7r J� MAP: 15 PARCEL: 23 TOWN: North Andover. MA 01845 TO MEETING DATE(S):r�f NAMEOFPETITI, iER: N,ETR� PLS of IW,A'�JAZEit'S�("T,S /i LG SIGNED: 'a -\n 41l4� PetitickerWr peil'horlr'., representative) 1600 Osgood St., Bldg 20 - Suite 2-76, North Andover, MA 01845 Phone -978-688-9541 Fox -978.688-9542 Web- www.townofnonhmdover.com Albert P. Manzi III, Esq. Chairman Ellen P. McIntyre, Vice -Chairman Richardi. Byers, Esq. Clerk Richard M Vaillancourt Daniel S Braese, Esq. Town of North Andover Zoning Board of Appeals 1600 Osgood Street North Andover MA 01845 Town of North Andover CEIVED ZONING BOARD OFAF' f No RTM , F ° - • =! a > 20I I omas.Ilppolito r r i iMohael P. Liporto • a, • • r:al�r ss�cHusfl Date C/C rwn �7— Suen, Please be advised that I have agreed to waive the time constraints for the North Andover Zoning Board of Appeals to make a decision regarding the granting of a ._Variance. �.. Special Permit Comprehensive Permit (40B) Finding for property located at: /^� STREET: / � � (J aO O /i �� / S�e✓e�.T J7� MAP: PARCEL:?j JJ TOWN: North Andover, MA 01845 j �I TO MEETING DATE(S): NAME OFPETITI R: q6T1� D S 6� M,R' AZkivS�/7S Ii LG SIGNED: Pefitiolunlf&p ition ' representative) 1600 Osgood Sl., Bldg 20 - Snilc 2-36, North Andover. MA 01845 Phone -978-688-9541 Fax -978-688-9542 Web-www.town°inorthandover.com