Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
BELL ATLANTIC MOBILE OF MASSACHUSETTS
of.....,��o Town of Nord Andover Town Clerk Time Stamp �r ay,' Community Development and Services Division Office of the Zoning Board of Appeals RECEIVED i CLERK'S OFFICE 400 Osgood Street TOWN Raymond Santini, North Andover,Massachusetts 01845 05 SEP 2 7 PH 4. 1 Interim Community Telephone (978)688-9541 Development Director Fax (978)688-9542 TOWN O 11hO VER SA STT Any appeal shall be filed within Notice of Decision (20)days after the date of filing Year 2005 of this notice in the office of the Town Clerk,per Mass. Gen.L.ch 40A, §17 Pro at: 5 Boston Street n Hill,M107.0 P11) NAME: Bell Atlantic Mobile of Massachusetts HEARING(S): December 14,2004 Corporation,Ltd:,d/b/a Verizon Wireless, &September 13,2005 400 Friberg Parkway,Westborough,MA 01581 ADDRESS: for premises at '5 Boston Street(Boston Hill, PETITION: 2004-032 M107.0P11) North Andover,MA 01845 1 TYPING DATE: September 21,2005 The North Andover Board of Appeals held a public hearing at its regular meeting on Tuesday, September 13, 2005 at 7:30 PM in the Town Hall top floor meeting room, 120 Main Street,North Andover,Massachusetts upon the application of Bell Atlantic Mobile of Massachusetts Corporation,Ltd,,d/b/a Verizon Wireless, 400 Friberg Parkway,Westborough,MA 01581,for premises at: 5 Boston Street(Boston Hill,M107.0 P11), North Andover requesting a Special Permit from Section 9 and Paragraphs 9.1 and 9.2 of the Zoning Bylaw in order to mount additional equipment to an existing wireless communications facility;and for a Finding under Section 10,Paragraph 10.4 as party aggrieved of the Building Inspector's denial of a building permit for the additional equipment. Said premise affected is property with frontage on the Northwest side of Boston Street within the VR zoning district. Legal notices were sent to all abutters and published in the Lawrence Eagle- Tribune on November 29&December 6 2004. The hearing was opened and the applicant presented evidence at the December 14,2005 meeting. The applicant requested to be continued to the September 13,2005 meeting. The following voting members were present: Ellen P.McIntyre,Richard J.Byers,Albert P.Manzi,III,David R.Webster,and Thomas D.Ippolito. The following non-voting member was present: Daniel S.Braese. Upon a motion by Albert P.Manzi,III,and 2nd by Daniel S.Braese,the Board voted to GRANT the applicant's letter of September 12,2005 requesting that the Finding and Special Permit petitions be WITHDRAWN WITHOUT PREJUDICE. Voting in favor:Ellen P.McIntyre,Richard J.Byers,Albert P.Manzi,III,David R. Webster,and Thomas D.Ippolito. Town of North Andover Board of Appeals, g V Ellen P.McIntyre,Chair Decision2004-032. M107.CP11. Board of Appeals 978-688-9541 Building 978-688-9545 Conservation 978-688-9530 Health 978-688-9540 Planning 978-688-9535 09/13/05 15:13 FAX wjuuc Town of North Andover -Town q�=kT bow St2M 0pu Officeof the Zoning Board of AppealsTOW ECEIVED Community Devel�o t and Wed Division North Andover,mawachuseus 111M 286 SEP 15 PSS 30 5 Raymond SantiM Tclephonc (978)69"541 NORTHTO O ImcrimCommunity Fax (97S)6801 ANDOVE ; Dcvciopnwnt Director MASSACHUSE TITS Date 00 ,57 TO: Town of North Andover Zoning Board of Appeak 400 Osgood Stroet North Andover kAA 01845 Please be adviscd&I 1 wish to wi"F WAMY Varma. ecial Pe C.omprebonsive Permit(400) etitioo withoatt preju i►ee tom the Notth An Zotwag Board of Appeals agenda for property located at: STREET: PAROL: _ TOWN: NAME OF PETITIONER: a 17-o Wire le55 • L•t�l.�...��arrrro�a,�terrlcc�r signed: •etitioner , petiouc sPativa) far 1'oG fry'or1�r mPrese>rt withdow A Cwtscn'iNion g'lS(Mt•9S3t1 ttesT<h 97P 61tK•9a10 NtamiinS 9'�•!SR-9535 ' 97&Gt6 54$ ttYild Iltud at'AP("�t"973-r1t8.45a1 � E P 1 ',3 2005 ` MICHAEL S.GIMMO ROBINSON & COLELLP One Boston Place Boston,MA 02108-4404 Main(617)557-5900 Fax(617)557-5999 mgiaimo@rc.com Direct(617)557-5959 Via Federal Express and Facsimile 978-688-9541 September 12,2005 North Andover Zoning Board of Appeals 400 Osgood Street North Andover,MA 01845 Re: Petition of Bell Atlantic Mobile of Massachusetts d/b/a Verizon Wireless re: 5 Boston Street(Boston Hill). Dear Board Members: The Board opened but has not completed its hearing on this matter,and you had previously agreed to continue this matter until your September 13th meeting date in order to allow the Planning Board permitting process to be concluded. You had expressed the view that the Planning Board,and not your board,was the proper entity to hear and approve the Petitioner's request to add antennas at this site. The Planning Board has since issued a special permit approving the requested antenna installation,thereby making the question before you moot at this time, and making further relief from your Board unnecessary. Accordingly,please consider this a request to allow the Petitioner to terminate this matter by withdrawing its petition in its entirety, without prejudice. I ask that you allow the withdrawal without prejudice in order to make clear that the Petitioner would not be barred from coming back to your Board for relief if at some point in time a petition for that relief became necessary—for example if the Town were,in the future,to change its interpretation of the applicable provisions of the Bylaw with regard to this facility. However I do not otherwise anticipate a need to bring this matter back before your Board. I very much appreciate your cooperation to date in this matter,and am glad that we were able to achieve this resolution. Please do not hesitate to contact me if you require any additional Law Offices information. BOSTON Sincerely yours, HARTFORD NEW LONDON STAMFORD Michael S. Giaimo WHITE PLAINS NEW YORK CITY { R SARASOTA IIdi Si€ 1 J 2005 iw.re.com 0 /02/0 2:28 FAX 0002/002 s SSP I4ORTH RNDOVER 9789889542 P. 2 Town of North Andover Office of the Zoning Board of Appaahs :. . , ..• Con azu fty Development and Services Division w -100 Osgood stwr ldui*Andover,M,UWhuseft 01845 D.Robert Nieetta w, Ouildimg Commissioner Wephone(978)688.9541 Fax (978)688-4542 • t, o,r a TO. Town of North Andover Zoning Board of Appeals 400 Osgood Stilet North Andover MA 41845 • ' bAI Please be advised that I have agreed to rr*M the time constraints for the Norah .+L&=.Z;3 Andover honing Board of Appeals to make a decision regat�ilw,die grating of a as v pa, / ,�.•�,r vePermit(40B) for Property located st: STREET: 6 n 04.E S►�" MAP. l C ' ' 4- PARCEL: TOWN:— �JerfR, A04-over TO MEETING DAMS): NAME OF PETMONER1301 A+144194 WS4.1 Signed: �a%1,�,, • {rfL►Pe�•11n �+rftGts� Peo or Petitioner's ntative} Rnoed of ApIw:nis 771t-SAS-9$41 801141al 974-"WO Coftwwu6on 479.690-9530 Hagfth 478.690-"0 Pl*"Yv IM-M-9534 9N WlSl }+ ....... j JB2 - 2oo5i_'' .. BOARD Or APPEALS -i r TOWN OF NORTH ANDOVER ZONING BOARD OF APPEALS APPLICATION OF BELL ATLANTIC MOBILE OF MASSACHUSETTS CORPORATION, LTD.D/B/A VERIZON WIRELESS FOR A SPECIAL PERMIT OR FINDING ALLOWING THE EXTENSION OR ALTERATION OF A NON- CONFORMING USE Site Address: Five Boston Hill (1275 Turnpike) North Andover,MA 01845 Map and Parcel: Map 107 C,Parcel 11 Zoning District: Village Residential(VR) Applicant's Address: 400 Friberg Parkway Westborough, MA 01581 Subject: Application for a Special Permit Under Sections 9.1 and 9±North Andover Zoning Bylaw A. Introduction The petitioner Bell Atlantic Mobile of Massachusetts Corporation,Ltd. d/b/a Verizon Wireless ("Petitioner")has petitioned the Zoning Board of Appeals for a Finding Under Section 10.4 seeking to reverse the Building Inspector's determination that a Special Permit pursuant to Section 8.9 of the Zoning Bylaw is required for Petitioner to install certain additional antennas to an existing wireless communications facility located at Five Boston Hill in North Andover, Massachusetts (the "Site"). The Petitioner'sposition is that in light of previous decisions by this Board in 1957 and 1982,no further zoning relief is required for the addition of antennas contemplated by Petitioner. In the alternative, and with a full reservation of its rights,the Petitioner seeks a special permit from the Zoning Board of Appeals pursuant to Sections 9.1 and 9.2 of the Town of North Andover Zoning Bylaw to authorize the addition of the proposed antennas. 1. Proposed Addition The existing wireless communications facility on the Site is an 85 foot high antenna support tower, constructed in or about 1957 out of concrete. It contains numerous antennas and other types of communications equipment operated by multiple communications companies that lease space on and within the tower,including the Petitioner. The Petitioner now proposes to upgrade its existing antenna installation by the addition of three panel antennas and one dish antenna on the sides of the concrete tower,as shown on the plans submitted with the permit application to the Building Department(the"Proposed Addition"). A copy of these plans is included with this BOSTI-842090-2 Application for a Finding. The purpose of the Proposed Addition is to improve wireless communications service in North Andover. 2. Building Department Denial The Petitioner filed an application for the Proposed Addition with the Building Department on October 7, 2004. The Building P PP Department denied the application on October 8,2004 on the grounds that the Proposed Addition-required a special permit pursuant to Section 8.9 of the North Andover Zoning Bylaw(the "Building Department's Decision'). A copy of the Building Department's Decision on the Zoning Bylaw Review Form is included with Petitioner's Application for a Finding. Concurrently with the filing of this Application for a Special Permit under Sections 9.1 and 9.2 of the Zoning Bylaw,Petitioner is filing a separate Application for a Finding that the Building Department's Decision should be overturned and that the Proposed Addition should be allowed under the 1957 and 1982 decisions of this Board,without any further zoning relief required. 3. Permitting History In 1957,the North Andover Zoning Board of Appeals (the "ZBA")issued a"variance"decision with conditions, to erect and maintain,among other antenna and equipment structures on the Site,the following: "One radar antenna support tower concrete construction eighty-four(84') feet in height surmounted by a sixteen(16')foot driving mechanism upon which will rest a reflector (antenna). . .which in turn will be surmounted by an IFF antenna. . . . The total height of the structure from the ground to the top of the IFF antenna will be one hundred thirty-two(132)feet." The 1957 decision indicates that it allows"certain radar towers for research and experimental purposes to a height in excess of that permitted by"the height provisions of the zoning bylaw and clearly states that the ZBA made a motion to grant a"Variance." In 1982,the ZBA issued a decision [Petition No. 22-821 with respect to the Site in order to change certain aspects of the 1957 variance decision. The 1982 decision stated that it "essentially clarifies and confirms the variance originally granted."It stated that"attached to the concrete tower there can be antenna and transmitting dishes,not to exceed a total height of 140 feet."The Board stated in this decision that"these minimal changes would extend the rights already granted by the variance, and clarify the petitioner's rights and ability to use the variance originally granted to MIT." The effect of this decision is to authorize the addition of antennas to the concrete tower without need for further zoning relief provided that the 140 foot height limitation is not exceeded. In 1984,the ZBA granted a Special Permit[Petition No. 51-84] to the Petitioner's predecessor- in-interest for installation and use of additional equipment on the fifth floor of the concrete tower building, and the placement of certain antennas on the top of that building. 2 In 1997,the ZBA granted two Special Permits to Sprint Spectrum L.P. and Omnipoint Communications [Petition No. 024-97] in order to extend the non-conforming use on the existing structure with the installation of certain wireless communications equipment. The ZBA found compliance in both cases with Section 9,Paragraph 9.1 of the Zoning Bylaw that such change, extension or alteration shall not be substantially more detrimental than the existing non- conformity to the neighborhood. In 1998,the Town of North Andover at a Town meeting adopted an amendment to the North Andover Zoning Bylaw to add Paragraph 8.9 concerning Wireless Service Facilities. In particular,Paragraph 8.9 provides as follows: "No wireless service facility shall be placed,constructed or modified within the Town without first obtaining site plan approval from the Special Permit Granting Authority(SPGA). The Planning Board shall be the Special Permit Granting Authority for the issuance of a special permit to allow the placement, constriction and modification of wireless service facilities within the town." B. Argument The 1957 and 1982 Decisions establish that"antennas and transmitting dishes"may be added to the tower provided that there is no violation of the terms of the original 1957 variance,as amended by the 1982 Decision—the 140 foot limitation. The Petitioner's proposal would add antennas to the side of the concrete tower-well below the 140 foot elevation. With respect to the Proposed Addition,Petitioner contends as a threshold matter that the Building Department and the ZBA must abide by the prior ZBA decisions concerning the Site and permit the Petitioner to add antennas without need for zoning relief. Any imposition of additional restrictions and/or requirement of a special permit for the construction of the Proposed Addition would constitute substantive modifications of prior ZBA Decisions in contravention of Chapter 40A, Section 14 of the Massachusetts General Laws. See M.G.L. Ch. 40A, Section 14. To the extent that the Zoning Board of Appeals does not agree with the foregoing analysis, Petitioner seeks in the alternative for the ZBA to approve the additional antennas as an expansion of the lawful pre-existing non-conforming use of the Site. In accordance with Section 9,Paragraph 9.1 of the Town of North Andover Zoning Bylaw, "any non-conforming building,structure or use . . . ,which lawfully existed at the time of passage of the applicable provision of this or any prior Bylaw or any amendment thereto may be continued subject to the provisions of this Bylaw."(Emphasis added). Paragraph 9.1 further states that such non-conforming use"may be continued in the same kind and manner and to the same extent as at the time it became lawfully non-conforming"and may only be "changed, extended or enlarged . . .as may be permitted by a Special Permit or otherwise by the North Andover Board of Appeals." Finally,Paragraph 9.1 concludes that a pre-existing non- conforming use as a matter of right"may be extended or altered,provided that no such extension or alteration shall be permitted unless there is a finding by the board of Appeals that such change, extension, or alteration shall not be substantially more detrimental than the existing non- conforming use to the neighborhood." (Emphasis added). 3 Paragraph 9.2 of the North Andover Zoning Bylaw provides additional review criteria to be followed by the ZBA when presented with a proposed change,extension or enlargement of a non-conforming use, including that such change (i)shall be approved by a Special Permit or otherwise by the Board of Appeals; (ii) shall be permitted only upon the same lot occupied by the non-conforming use on the date that it became non-conforming;(iii) shall not exceed an aggregate of more than 25%of the original use with respect to volume, area or extent; and(iv) shall not be permitted if it tends to lengthen the economic life of the non-conforming longer than a reasonable period for the amortization of the initial investment. As shown in the plans submitted herewith, and as will be further demonstrated by Petitioner at the public hearing on this matter,the Proposed Addition satisfies the criteria by which the ZBA can approve extensions or alterations to non-conforming uses. First,the Proposed Addition shall not be substantially more detrimental than the existing non-conforming use to the neighborhood. Second, the Proposed Addition shall be located on the Site,which is the same lot as the pre- existing non-conforming use. Third,the Proposed Addition will not exceed the 25% limitation on expansion of its non-conforming use. Fourth,the economic life of the pre-existing and non- conforming use will not be extended, since the building exists and will not be substantially changed. Finally,the Proposed Addition is in harmony with the general purpose and intent of the Zoning Bylaw and adequate and appropriate facilities exist for the proper operation of the proposed use. C. Conclusion Therefore, with full reservation of its rights under local, state and federal law,Petitioner respectfully requests that the North Andover Zoning Board of Appeals grant Petitioner's Application for a Special Permit under Paragraphs 9.1 and 9.2 of the Town of North Andover Zoning Bylaw in order to add the Proposed Addition to the existing wireless communications facility on the Site. Respectfully submitted, Verizon Wireless By its attorney 5 Micha l S. Giaimo,Esq. Robinson& Cole LLP One Boston Place Boston,MA 02108 Date: November 5, 2004 4 G 04 08: 52a NORTH ANDOVER 9786889542 p. 2 f011T►,w TOWN OF NORTH ANDOVER SPECIAL 'PERMIT ori" �' aoP ZONING BOARD OF APPEALS NAME ADDRESS E S OF APPEAL Procedure & Requirements for an Application for a Special Permit Ten(10)copies of the following information must be STEP 6• SCHEDULING OF HEARING AND submitted thirty(3O days prior to the first public hearing, PREPARATION OF LEGAL NOTICE: Failure to submit the required information within the The Office of the Zoning Board of Appeals schedules time periods prescribed may result in a dismissal by the the applicantfor a hearing date and prepares the legal Zoning Board of an application as incomplete. notice for malting to the parties in interest(abutters)and The information herein is an abstract of more specific for publication in the newspaper. The petitioner is requirements listed in the Zoning Board Rules and notified that the legal notice has been prepared and the Regulations and is not meant to supersede them. The cost of the Party in interest fee. petitioner wits complete items that are underlined_ STEP 7: DELIVERY OF LEGAL NOTICE TO STEP 1:ADMINISTRATOR PERMIT DENIAL: NEWSPAPER The petitioner applies for a Building Permit and The petitioner picks 'up the legal notice from the Office receivers a Zoning Bylaw Denial form completed by the of the Zoning�Board of Appeals and delivers the legal Building Commissioner. notice to the local newspaper for publication. STEP 2: SPECIAL PERMIT APPLICATION,FORM STIRP V. PUBLIC HEARING BEFORE THE ZONING Petitioner completes an application form to petition the BOARD OF APPEALS: Board of Appeals for a Special Permit. All information The petitioner should appear in his/her behalf, or be as required in items 1 through and including 11 shall be represented by an agent or attorney. In the absence of completed. any appearance without due cause on behalf of the petition, the Board shall decide on the matter by using STEP 3: PLAN PREPARATION: the information it has received to date. Petitioner submits all of the required plan information as cited in Section 10 page 4 of this form. STEP 9: DECISION: After the hearing, a copy of the Board's decision will be STEP 4: LIST OF PARTIES IN INTEREST: sent to all parties in interest, Any appeal of the Board's The petitioner requests the Assessors Office to compile decision may be made pursuant to Massachusetts a certified list of Parties in Interest (abutters). General Lawch. 40A sec. 17, within twenty(20)days after the decision is filed with the Town Clerk. STEP 5: SUBMIT APPLICATION: Petitioner submits one (1)original and 10 Xerox copies STEP 10: RECORDING THE DECISION AND PLANS. of all the required information to the Town Clerk's Office The petitioner.is responsible for recording certification of to be certified by the Town Clerk with the time and date the decision;;Mylar,and any accompanying plans at the of filing. The original will be left at the Town Clerk's Essex County North Registry of Deeds, 381 Common Office, and the 10 Xerox copies will be left with the St.,Lawrence MA, and shall complete the Certification Zoning Board of Appeals secretary. of R ording'form and forward it to the Zoning Board of Appeals aniiltie Building Department. IMPORTANT PHONE NUMBERS: c. 978-688-9533 Office of Community Dev. &Services North Andover Town Hall _ 400 Osgood Street 120 MainStreet North Andover, MA 01845 North Andover, MA 01845 978-688-9542 fax for all Community Development offices i 978-688-9545 Building Department 978-688-9509 Town Clerk's,Of* e r7l, 978-688-9541 Zoning Board of Appeals Office 978-WB-9566 Assessor's Office- PAGE fficePAGE 1 of 4 Page 1 of 1 Date and Time Stamp Application for a SPECIAL PERMIT North ANDOVER ZONING BOARD OF APPEALS Nis=�x 1. Petitioner: Name, address and telephone number: Bell Atlantic Mobile of Massachusetts Corporation,Ltd.,d/b/a Verizon Wireless 400 Friberg Parkway, Westborough,MA 01581 *The petitioner shall be entered on the legal notice and the decision as entered above. 2. Owners of Land:Name,Address and Telephone number and number of years under this ownership: Benjamim G. Farnum, 397 Farnham Street,North Andover,MA 01845 978/725-4954 Years Owned Land: Kings Grant to the Farnham Family 3. Location of Property: a. Street: Five Boston Hill Zoning District VR b. Assessors:Map Number 107C Lot Number: 11 C. Registry of Deeds: Book Number 1656 Page Number: 94 (Essex Probate 350363) 4. By-Law Sections under which the petition for the Special Permit is made. Sections 9.1 and 9.2 *Refer to the Permit Denial and Zoning By-Law Plan Review as supplied by the Building Commissioner. 5. Describe the Special Permit request: See memorandum in support concerning the addition of three panel and one dish antennas to an existiniz wireless communications facility,located on the subject property. *The above description shall be used for the purpose of the legal notice and decision. A more detailed description is required pursuant to the Zoning Board Rules and Regulations as cited on page 4 of this application. BOSTI-842098-I Page 2 of 2 Date and Time Stamp Application for a SPECIAL PERMIT North ANDOVER ZONING BOARD OF APPEALS " 6.a. Existing Lot Open Percentage Lot Area Space Lot Frontage Parking * Minimum Lot set Back Sq.Ft. Sq. Ft. Coverage Feet Spaces Front Side A Side B Rear N/A N/A N/A% N/A NIA N/A N/A N/A NIA b. Proposed Lot(S): Open Percentage Lot Area Space Lot Frontage Parking * Minimum Lot set Back Sq.Ft. Sq. Ft. Coverage Feet Spaces Front Side A Side B Rear N/A N/A N/A% N/A N/A N/A N/A N/A N/A C. Required Lot: (As required by Zoning By-Law) Open Percentage Lot Area Space Lot Frontage Parking * Minimum Lot set Back Sq.Ft. Sq. Ft. Coverage Feet Spaces Front Side A Side B Rear N/A N/A N/A% N/A N/A N/A N/A N/A N/A 7.a. Existing Buildings: Ground Floor Number of Total Number Square Feet Floors Sq. Feet Use of Building* of Units N/A N/A N/A N/A *Reference Use Code numbers and Uses from the Zoning By-Law. State number of units in building. b. Proposed Buildings: Ground Floor Number of Total Number Square Feet Floors Sq.Feet Use of Building* of Units N/A N/A N/A N/A *Reference Use Code numbers and Uses from the Zoning Ordinance. State number of units in building. Page 3 of 3 Date and Time Stamp Application for a SPECIAL PERMIT North ANDOVER ZONING BOARD OF APPEALS 8. Petitioner and Landowner signature(s): Every application for a Special Permit 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 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 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 dismissal by the Zoning Board of this application as incomplete. Signature Type above names) ere Michael S. Giaimo,Esc.,as attorney for Verizon Wireless(in accordance with Paragraph 7 of the Option and Lease Agreement between Benjamin G. Farnum and Verizon Wireless dated August 8, 1984, as amended Nov O';=. 04 08: 53a NORTH ANDOVER 9786889542 P. 5 PAGE 4 of 4 SPECIAL PERMIT 9. WRITTEN DOCUMENTATION Application for a Special Permit must be supported by a *10. B. *'Plan Specifications: legibly written or typed memorandum setting forth in n Size of,pian Ten(10)paper copies of a plart not detail all facts relied upon. When requesting a Special to exceed 11"x17", preferred scale of 1°=40' Permit from the requirements of MGLA ch. 40A, and the lt) One(1)Mylar. North Andover Zoning By-laws, all dimensional tin Plan prepared by a Registered Professional requirements shall be clearly identified and factually Engineer and/or Land Surveyor,with a block for supported. Each point, 1-6 individually,is required five(5)ZBA signatures and date indicated on the to be addressed with this application. Mylar. *10 C. *Features To Be Included On Plan: 1. The particular use proposed for the land or structure. 1) Site Orientation shall Include: 2.The specific site is an appropriate location for such 1. north point use, structure or condition. 2. zoning.district(s) 3. There will be no nuisance or serious hazard to 3_ names of streets vehicles or pedestrians. 4. wetlands(if applicable) 4.Adequate and appropriate facilities will be provided 5. abutters of r for the proper operation of the proposed use. 6. locations of property, on adjacentn 300' pro yes S. The use is in harmonywith the u and intent of g 1 p purpose within from applicants proposed structure Zoning Bylaw. 7. deed restrictions, easements. 6. Specific reference and response to the criteria 11)Legend S Graphic Aids: required by the particular Special Permit for which 1, p this application is made i.e. the Earth.Removal Proposed features in solid cines&outlined in red PP 2. Existing features to be removed in dashed lines Special Permit has unique criteria and submittal 3. Grapl*c Scales requirements.). 4. Date"of Plan 5. Title of Piaci` 10. PLAN OF LAND 6. Names addresses and phone numbers of the Each application to the Zoning Board of Appeals shall applicant,owner or record, and designer or be accompanied by the following described plan. Plans surveyor• must be submitted with this application to the Town Clerk's Office and ZBA secretary at least thirty(30)days 10 D. Mine Projects prior to the public hearing before the Zoning Board of Minor projects;such as decks,sheds,and garages, appeals. shall require only the plan information as indicated with an. asterisks( )t In some rases further information may A set of building elevation plans may be required be required when the application involves new construction/conversion/and/or a pressed change 11.APPUAT10N FNJ?4 FEES in use. A. Notification fees:Applicant shall provide a check or money order to: "Town of North Andover- 10 A. Major Projects #022-1760-4841'for the cost of first class, certified, Major projects are those which involve one of the return receipt($4.42 as of November 2003)x#of all following whether existing or proposed: parties in interest identified in MGLA ch. 40A§11 on the q five or more parking spaces, abutter's fist for the legal notice check. Also,the 11)three(3)or more dwelling units, applicant shall supply first class postage stamps III)2000 square feet of building area. (currently 37¢)x the#of parties of interest on the abutter's list for the decision mailing. Major Projects shall require that in addition to the above B. Mailing labels:Applicant shall provide four(4) features, plans must show detailed utilities, soils, and sets of malting labels no larger than 1"x2-5/8"(3 copies topographic information. for the Legal mailing and one copy for the Decision mailing). C. Administrative fee of$50.00 per application. ►►►► A Special Permit once granted by the ZBA will lapse In 2(two)years if not exercised and a new petite mist be subm +d. t-4 Abutter to Abutter( x ) Building Dept. ( ) Conservation ( ) Zoning Town of North Andover Abutters Listing REQUIREMENT: MGL 40A,Section 11 states in part"Parties in Interest as used in this chapter shall mean the petitioner, abutters,owners of land directly oppositeon any public or private way,and abutters to abutters within three hundred(300)feet of the property line of the petitioner as they appear on the most recent applicable tax list,not withstanding 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 abutting city or town Subiect Property: MAP PARCEL Name Address 107.0 11 Farnum,John C. 0 Turnpike Street North Andover,MA 01845 426 Farnum Street Abutters Properties Maw Parcel Name Address 107.A 149 Boston Hilt Development,LLC 100 Andover-By-Pass#300 North Andover,MA 01845 107.A 40 John Farnum 426 Farnum Street North Andover,MA 01845 107.A 42 John Farnum 426 Farnum Street North Andover,MA 01845 107.A 249 John Farnum 426 Farnum Street North Andover,MA 01845 107.A 250 John Farnum 426 Farnum Street North Andover,MA 01845 107.A 252 John Farnum 426 Farnum Street North Andover,MA 01845 107.A 253 John Farnum 426 Farnum Street North Andover,MA 01845 107.A 254 John Farnum 426 Farnum Street North Andover,MA 01845 107.A 255 John Farnum 426 Farnum Street North Andover,MA 01845 107.0 13 Trustees of Reservation 527 Essex Street Beverly,MA 01845 107.0 68 John Farnum 426 Famum Street North Andover,MA 01845 107.D 35 Boston Hill Road Trust 68 Boston Hill Road North Andover,MA 01845 107.D 36 Boston Hill Road Trust 76 Boston Hill Road North Andover,MA 01845 107.D 37 Trustees of Reservation 572 Essex Street Beverly,MA 01915 107.D 38 Trustees of Reservation 572 Essex Street Beverly,MA 01915 107.D 39 Trustees of Reservation 572 Essex Street Beverly,MA 01915 Page 1 of 1 This certifies that the names appearing on the records of the sessors Offm as of Certified by: Date e� o ROBINSON & C O L E LLP MICHAEL S.GIAIMO One Boston Place Boston,MA 021084404 Main(617)557-5900 Fax(617)557-5999 mgiaimo@rc.com Direct(617)557-5959 Via Hand Delivery November 5,2004 Joyce A. Bradshaw, Town Clerk m, Town of North Andover 77 C -�_ 400 Osgood Street ' North Andover,Massachusetts 01845 w , C:) zD Re: Application to Zoning Board of Appeal for a Special Permit , Bell Atlantic Mobile of Massachusetts d/b/a Verizon Wireless m Five Boston Hill(1275 Turnpike),North Andover,MA J Dear Ms. Bradshaw: Enclosed pursuant to M.G.L. c. 40A § 6 and Sections 9.1 and 9.2 of the North Andover Zoning Bylaw please find the following materials for filing with the Clerk of the Zoning Board of Appeals°concerning the above referenced matter: 1. One(1)original and ten(10)copies of Application for a Special Permit; 2. Memorandum in Support of Application for a Special Permit; 3. Ten(10)copies of Plan of Land and Proposed Addition; 4. Check made payable to Town of North Andover for the Administrative Fee of$50.00; 5. Check made to Town of North Andover-#022-1760-4841 for notification fees in an amount not to exceed$500; and Law offices 6. A certified list of Parties in Interest from the Assessor's Office. BOSTON Four(4)sets of mailing labels for the Parties in Interest List will be provided HARTFORD by overnight mail for delivery to your office on Monday,November 8,2004. NEW LONDON STAMFORD GREENWICH NEW YORK SARASOTA www.rc.com BOSTI-842092-1 ROBINSON & COLELLP Town Clerk, Town of North Andover November 5, 2004 Page 2 The Petitioner is filing this petition in order to preserve its rights in light of pending litigation in Massachusetts Land Court brought by others concerning the facility that is the subject of these petitions. The petition is submitted with full reservation of all of the Petitioner's rights under federal, state and local law. Please contact me with any questions regarding the enclosed materials. Thank you. Sincerely, Michael S. Giaimo Enclosures Cc: D. Robert Nicetta, Building Inspector Zoning Board of Appeals, Clerk Amy White Francis A. DiLuna, Esq. wwom Bless ' P-f) VERRON WIRELESS 400 FRISIM PARK Wt WESTOOROLKK W 0/51}-3050 verizQn warless ANDOVER NORT#ANDOR PERMIT DRAW(8NQRTH 00 3 FOR TURNPIKE STREET AE A D,i7m .DR Ew+.. NORTH ANDOVER, MA 01845 DewbeM DewuBfr'(�ooa,litl�•Nis. 11 Di.Y+R'iUR. ; y i w�.! F� _ sm AODf7ESSt �' CESCRIPROM �!� EgRMagOrtR W o14s E+RADFORD AP \ :MILLS . E - t-i IiIEE s or o C1�1L rp J 1N7AIO4. ►-1 It1UIICIS r1.U1-1 No.33968 - �t` • NORM ANDOVER.W oxp P-E Aovlloa 4 A r-s 1 srtc ww �` 5,•� FAX rs uw �tRaeR rww.ess \� resleo�roudl-W o,at,-loam a-s wr s rrER oR,cwi 8", co { s omu4D A mm P.away PRO^CT DIRECTORY Ttm F'-5. Naga+a:wm Qlxano IS dX eR1 . LN W4tIawSUTS VIAMM CO~(400)72t-7723 WE SM W LL MOM OF AMM(7)"WE PMEL a-e NAENN+ offal! ANNt4EEs(ONE PeR�Et141010 oaamx MWNR iFWOR(D�.�:(W Ot730 i POmETI ANB TO,CB- K iilOY Cfa1410,tRDwO ..ELI.PROJLCi NUMBOa 3774-01. 11' , FAX \.a V 271-1("o 11th¢Mon INKY. CWCA"PAVOM M[G00IMM PLS. w"SNa PROJECT DESCRIPTION K, NaanONiu na,� - 91TE AODRES9 NORM AMM.!unw 0P Ioe7 Iwo �Nq OOCUNFM WAS OFYEL.OPED 70 RFFlECf A SPEC=SaE RS SRE CONDa10Nt AND B NDT 10 4E USED FOR w-S'! CENIER OF MEOPOSFa 1.FASE ARM f]t N7l"UME N�PEW ROM wnuoE+z7e+a.o3 LON UK 71os3].+o TURNPIKE STREET w�LwrE NORTH ANDOVER, MA VICINITY MAP N.T.S. CONSULTANT TEAM PROJECT SUMMARY nAoCW"Y a UNMWMM AND WT PDR Wil"NAWTATM. SHEET INDEX SNEET TRE omMoNS EROM Rosm 7A11E WE 93 NOaDi TO.E1041. TITLE SHEET MOM ONfa SR-125 NORIN POR ze.Wtx WRN MW OM NAROED PMM ROAD FM 1.5 MEA. MAN LEFT am jollia41 mora. WE AOCES�bM 71 wam Room LE FW iOaWN HU.RD. SMCer NMMERI! HALF SIM PR)NT . RAs miwalD N07FD saNE 1 is saAED�aE T, AT NUi,NE / a00'-101/ �F�-�� 1N FIIOrO[fY IR1Y •'•'`�•� M10r6RY \ a01q -� rRo1RR1Y Loa ..i�...� �..� SIO. � SOH YR�E I'••• lAIkRIM ��' tt �\ 4as sr. �"'^'�� >REe,wt 100 FRIpERO PARKWRY COOT ro�E Adt 0T38A-3656\ coN.ouR ay1p,XM 0.19. *rt t.rpt uc i \, Y A taEi 11u0 aO ,R oA �b3WMMM W WCK NORTH ANDOVER " c Y3,t NleS aei►« oA.a s,5 is�ia r°fw o,n ` AN / MIT DRAWINGS N. C3 15T. BQ 5T•\ Dewb+r,m RO \ —A OBMYEMY"000fNf{fldl \ WNW AN—.is o+,Hs � • � 1 � ` \ a�Or-ION,ryW11415 I , ' / 71 \ BRAMUsORRA "I AV w a� 3+o.to7A—u \ � arww, s .Io1-a 67Jaaa1 o , w ata rwwlw or. ` \ p$ 1' 1 ►ea 347 t _ .tee"-__ . N0.33966 MATCH UNE -.'A-.Ln!''=—'- �.. ` � IMTCH UNEP4 1 a.1 6,~wn F..Yt s.ay. car rRaloer w�uaw 4.rAMaa�i 'ASC wNaADRA� EMEM_ TURNPIKE STREET \ JOHN C.VAAM" NORTH ANDOVER, MA I 426 FARNUM ST. M62WM FRW YARD: 26 R. 375 R3 Ian"551E YARM 15". ibn 1MUM AFM i YARD. 30 Fr. 251 6T.; 5a INtt i1Eloltf: R. 70 R.# I I MMMU 1 WT FRawrm WA I I ABUTTERS PLAN — I xm A» +asw u. WA A UtTTERS PLAN a EEr igR,�R ttALF stzE rtttxt owm 691E his 2201ss 1 ATCH UNEF61 r CA r ^^ '.'�►r r _r r r �. r r rte.. r .� r �r.l. \ — MATCM 1.MA7 vmom WIGS400 FROM PARKWAY. INWISOROMM,IAA 015M-3855 t, 1 (NORTH ANDOVER \\ ►►► ►"l �1 , ik` c- 06/13104 \ l PERMIT DRAWINQt y t \ T� II/0.1011�/4 I 05 1 04 AOR OLVATTAL 40.a 0— D 05 POR 1 420 R11AAn 8L t it • FOR AL A 1 15/84 ..FOR i A a t tmwA.a sIbmaa On�wt . w x I, \ l�'1V �•al DewberzY r .,mo I Tg, � C i,�' soodkew,IRS. gym. 14 x,a,wo-o ORE)A.yc / 420 MILLS 1 I N0.33906,. y - 1 � t A1NAL 80ST0/V H/LL ROAD �42S ` ! .- ARAFAI a" ww , xlalo7aaoz5 RENLWEO!1R eeR-1 Bes6n RR Mod Tm�l w We HE INM ' i 1 xratwo-om ztaloTe-a cwcKw sn rn 1 - idoRpf K B.A./MM K Andwr, 1 1 MA 0186 I 1 ` Bostod Ms1�T w i x/afop7w5.+deeDrix�� M bs0lonsmll AaeMw / a$..1-HE,toed 1 �°�'°+ r eosr�"0 Rai. 7ARABEIt \ \ Mdh*MaswmNO Rd 1 7 X465e�ibnR 1 xlato7e-556s I \ x Anda .VA o17H5 CaAUMn.Y�ins�WAbs�7a s,a,oto-om, \ \ Flan+b J!9wW M x10.1075-61 w Meow.w Ot \ o.w,32 B.A..K 01 t oed 1 --—/ Edoa.d k A R.Mdsnr,.W 0I7N6 x1a1a7B-OWOgAy�M1d�rd M' k / 5' 0 BoMon xL &lE AooRESl MIRW 55 talon RAN Andover. � o.d so �� TURNPIKE STREET '- ------i- �„ NORTH ANDOVER, MA 9 MT TIT. owoalolw.sE75¢R,mouwAons_m"Ilescoa . ABUTTERS PLAN LEGEND Ills t®ui vROPoSEo tcAtn Y-err-o ABUTTERS PLAN — 11 MH,1M1t FRW YARD. ss FL. s7s Fr' �#---— kQ=PFADMR7 LM WIN"sm YAIIR to FE iN Rs „teD' Me*”RUR»Fa 30 rt. 751 Frt.! FiY�kRn IRK ` HALP SIZE PRW'C IIsi,uWot }. MAR now, d FR 7o sEt TREE tAK ... MMMUM IAF FRONIML. 35 R. R/A —^ SAT AWX 47,550 aF. A J00'twoFERF7 ser BACK A IktLF TI EM MO=WALE L cf+�tac ' &WES aMnSA MAY m MW '1)NMM DA%W WW M AMUMM DARN 11MI6 4+AD410 L WEOOA DAWW N WM&TO FAA-20 MOVACY. F Q V moi• µRQ 2 {J TAX E6:tTC1p7C1I ,� Std A WN LiB6/w6 iRWU� °J 91E Amemom TMXMXS Bmmloam ANDONM MA Ms* �f�7 1 SIE/CilQ.7ip y V PAVEUENr. Li / / ,. E><a11Wc�EmxoN sJ OMik a m 4 Aww �UNE N i / .A, u+1ENW.in'P�a) .2e R1NW 6N@E :. NMI"ANODAL MA OIN6 P� are 4) NNW IAO0ISA y�TOOROUCK W OINN-3956 n ExiCC 2d 20' APPf)OAN7:V14)A0900ft VIM OF MMM MAWMPROPOM N W)vu ftwomm#0 mcm wem FMA OEIO61M16 -,\�\ S"*w roP�L6oN /L)P✓N 6PGWR7e►UN N.M Y6 6'S4®1NORAI.EIEOI6TRY Oi DF6M 12J MMtavowe OOq@ vm MAN m"l ADp1RAOX +�' "" '"�No�^OATMa NORTH ANDOVER `• �>>,. ., MAWAO*fKM IAM W4 MF6 72 N01MS ANAMCE NONE DOM BY ANYGIC 144 WMIY M NP01WA11OA M COMPSO OW-1..MW AN •`moi '/�\ ACO MAIE 6pM°AMY WJWAY. • `T E"TM CONCom TOMER (.66a Ae1 ELLYATgN) + FOI6MR McAME IIgS OQaAAt WS11O6T. PERMIT DRAM 164 ALL.wAM101 Um AeE 116 mm 10 OM6 weft SENNITaA•" W vmm mmAu t %um MRUTYL CNNN UWt NWN t C"~Wm E OB t .AL am varA W P"www UP 000 Um muml cow "M MA?aw MP / NAtatC FOR iOuP W . , / FAE NYDRNM A Ot Jf FOR COMMENT W *>a / TOWER P N o„o axi aTe / M UP IC"7G +•- .;,v MIX CAN 2 MQ 0EHa1[T6 OMXW m" D caber ry a� X1.iR.O am ETLYAAW WHO sm .O p_ W"at 0"LM PENCE om me ma A{A �67�K,, y NAp�+62p� DewberTy$Datikind,uta I'I / y WNR Wf'IV6'S7.A6' .ID'dRII /�-.... c� o¢tta f wtONttXXratoo or 4rrjmocw �' >N YNo►OF COIILiM'R 70MEit IM.Y lL' SOP EM Of PAWIENT (` IOP lOMF7t 622•R OONC 0004MTE IANC Nv�L P AOD RAY� Aa 0= M16aM0 BRADfORDA. aP sw MVAC ON0.Jet Mf2T MLM lNOIANo h71TNOt1E t 10LMWY1 =^ TONER COW.TONER - a" Nw6re V QVlL H' FILE TOP.EtEY. H P12Y TOP OF FNtAM WXMI OM To- .6�7 tlGY3 I" TOP OP IWOF 51"ANK H6.JSGAB •O 1.NOT ALL COS MO MM4PM01T 2N°1M1 FOR pMNY. T0.0OWY MIOWA OEYAAdI TdMERW. ON (p W AOOF 1RNT PIE CLEV.6 'T 1 XX to MW K WIT MAW A` 1(•(, MONISB °°LL 60 MwE Sim UN0 FOMNo PROPANE 'ACE TANK _AILLAIMAEMMIAL TIRANA O'n 1NN �a EX/ST/NG CONOIT/ONS °n oswE w ME Y ro 1s.m K" TURNPIKE STREET waw REAR YAW awn 7m"A NORTH ANDOVER, MA ptco=°M _ MAX NEMOM I6 R. 70 FTA BUT6 1MiRt161 UniRONTACO $FR N/A O.C.I.PROW=NUNBCED JTJV-ot EDT ARFA a;sW SF. NIA sr"r s 70' mAr!S,t0M2 WOUND MRAT of NOROE as S7 SM?WY mN ORhE f 1 s LEGEND MM J"SAM A a MATAPR W Of= TK(617)6P1-YM19 F.o(7e1)271-1019/T'�"W1 TREE UNE 91re ADDRESS •o. UMUIT POLE aNNW AR PAIciOPNA PES MAl 6/16/2002 EOE a FdNiDUR o,MP�6.►.uwoRunuc PLs 1e1a7E TURNPIKE STREET NORTH ANDOVER, MA SITE PLAN EXISTING CONDITIONS SCAM Y-W-o' HALF SIZE PRINT XF OR 1w 6 SGEf" 5 I _ a4 ino 7 _urx �aTO i_ ,.Ear ALL Ef35,w6 oxMweME EIRIMII MR GLAROY. VGP%Z20 W'Wm a xxE ® YEWZOi7 W IM Y3= GPMW 36 Ep M M0 '. {A""x x tFnR:E fORp1 tpYEl1 ENORTHDOVER xx PERWIT DRAWIN ESSTPTGWNP ANTENNAS(TV) x x E.'u8T"W Nf ANTENNA(M.) 1 M 06 FOR 07 19 FOR V-WMG STYE7Y RAN,WG Mv-) 06' FpR. EATSTNT6 SAYETV '# 01/15/04 FOR COMNEW RN WG PIf-amE%STIHG YETN2an 0.ANTMNAS (ACTOR BxlY1r3) EYSnNG M010MAK DSM PANCL AMT&INA$ . au u uA«r,ENA Dewberry ELLwTN1N 16fi'N:G.KD. E%51MTC G@tA' x 161i N,G.YA. PMKL AMENAYI4 #'1&YblEf�E,�OOdklfld 1YR ANTENNA 4,IMEMNA hST.AMMBAK. ELEYAnGN 195.4'N:f.YD.. � ELGaKN1x 135.1 N.Gr V.G.—�,•• ��� ONf6 °� EwSTNG WCRDWAK �WRLII M�IRJIM EIUS11N6 MCRGWAKpSN OSN Im+.Z) YOEWII.IINEQIWf � �'� �: �p11�( 6ENDEM nBO.i'NAMO. C M�`MI .� Enl}yp MNG, rt Tamm MTTFIMMS ESSnNG wCRONMK pSN ® IADENNA q EL V ATON 110.4N.G:V.D. VA�N I� (MP•3) T PIpPRgEO VOY20M ELEVATION 4K.1 N.G.YA. nrR:t ANICN14% "I) a PAML MOM iRADFORD df' e mus v lam. a P 4PM$L f N9.33M < COWAETC G 4. i 8 i _EBR } � •• • E>usTPIG • 8 ` � CMEp�9 9x Ree CONCRETE ; xxTnc ootPRMrEarNYMBFAh Slot . . 1 � EMi1NG IMiNDON9 R Y . ESISi1NC SITE ADDRESS • CONCRETE M.LPNC �5N6 TURNPIKE STREET BUA DNG ENTRANCE NORTH ANDOVER, MA V • . ° • SNEET nTIE FAST & WEST CRWND ELEYAiION f 1. ` C E EVATI ELEVATIONS EAST ELEVATi N WEST ELEVATION sem" °ER wan,/v'-,-w� f O u,,p�r�•`� 1 HALE SIZE PRINT t®RRV'11C ,.Sa"pMMW WSFANEE P-I ma mu , I i TP Of MOCE WHEN TOP 9i IATRCE•WWQR euwTwn en•«.'G,v.D� tlsw`rwn exp'W.C.v.I: 1.NOT ALL Comm owipu N 3""MR OMIOTY. 100 PRRERfi PARKWlEf E9^RBOROUCN,W 0158/x+3956 MTMC ovim MERE NORTH ANDOVER x x x x PERMIT DRAMNGt EYJENNG WNW ANENNAS OTPI EziE1NG NIXP O)i Mu"; ANTENNA OPP.) 4. P EWSTNTa SAFETY EWS EXSTRIO sATETY RAWNGZR-04G P/WEElA ETNLS usft (SECTOR C)(M••-3) EXSTWG W PRZON PA44M ANTENNAS �� u (SECTOR O)(TYP._3) Dewberry EXTmNG -�I EANTENNA WAJpOW. �C ANIENNA�-�.�._. REYAtgN{BT.E'N.GN.0. , / EEEVATNXA KI.O'NF.YA. fIRAWT/E91WE. ANTFNAIA �Tt�,itjt��'7_��T'T� ANTENNA fTEWT1OY{SS♦WG.Y.0. TT—JJ—J L,TT � EtEYATNNi{ES.{' �E�� W.Y�i IN vENTEDN 4 V6r�M MO4lN/. 6EVA7gM{EO:Y NA.YA. IAN4 lNTE4N8 +UPWNGET/I E60.Y'NA.VA.. EXKTEIG vERIZBN� OSw ELEYANON{{SA N.G.YA. Imo. — EAEVAµ �3�fiNM3 pp,ADPQItD A. PROPICBm MOM 88V.LS PATO ANTENNA S N E%SINTG PNIEt PCO V AN*EN,Ng. O�raoTT N EWETWG Na 33984 ow N�Tow.YE aJa MSTN G PANEL EXSTING PANEL . • ANTENNAS(TTP.10) a _ ORAEM EPR •�• efAT.PRb3EOT NtINBENI ' +. ' • EYE ADDRESS EINSnNG " a�aGE TURNPIKE STREET ° ° Exis Nc NORTH ANDOVER, MA CONCRETE NNLOWC + • SHEET TITLE ° NORTH & SOUTH GRDu"D eTEYAnoN GROUND ELEVATXPI ELEVATIONS JET'NEVA. SEW N.4V.0: §0MELEVATION� NORTH ELEVATION SCAM t/S'-t•.-0'• I WA>i•t/r-t•-O'• '2 HALF SIM PMM TRAN.G Y.YE ERNtK NXIE ;yoniess '>Af Know W�INB om me RWAMM�/Rum YEOR WIRELESS CMMACM COUn"OF 100 FAIBEN PARKWAY C06pAN�1E�y. YESMORMOK IIA 01563-3056 'MM li1E HO11�P1AEHf qW t0 Nf1lNIMf.NO aNltl R6f0.'T ElYlIIIIO PORB AMD IKPIwR u rowilwD. EwaTPK:VERIEOfRER ) A VDMOM NORTH ANDOVER ANTENNA MOUNT(TT O REMNN) AMR)" PERMIT DR ww" ""KTOMFR FEE DewbeM ' E%fEWOR WKt EI�TWG lljIIRON . w0urnw0lPE 06 13. Fqt AL o � � e oxi cPOR .. A 01/15/� TOR Ensrinc wdzaN f1EYLA oNy�w. Dowbony-GOOCI&W.kv. pRarom wslon •� isTN5-roNER ?� y EZTEaglt wAu �:BggpPMlpRRpii, OPAL N No.33686.,:: 2 PANG AN1DW (or. vomm 1 m}EROIV SWNAL.. _ REVKMED M Aelt Mq RRM]KT rtxiECKM ft PPe •� [PSTwO t zoN NG vlftZON T-iaA E MOUNTµRA AN PMA ENIENIu NT(TOREMYN) 0.6.A PROJ[CT NUMOER 1 SECTOR B& aEVA7ION V1fW RWFon A MRE11N1 hvP.-T) SECTOR 6&C SITE ADDRESS ANTENNA MOUNTING DETAIL SECTOR A TURNPIKE STREET NTa ANTENNA MOUNTING DETAIL 2 NORTH ANDOVER, MA WA-:MXX MEET"n- ANTENNA MOUNTING DETAILS aNEcr mum HALF ME PRIME.. a DRIIRN<f TRf lWlA X P-6 AT NMHE MMWAX i WW"Ilk = If ROBINSON & C O L E LLP MICHAEL S.GIAIMO One Boston Place Boston,MA 02108-4404 Main(617)557-5900 Fax(617)557-5999 mgiaimo@rc.com Direct(617)557-5959 Via Hand Delivery November 5,2004 Joyce A. Bradshaw,Town Clerk Town of North Andover 400 Osgood Street North Andover,Massachusetts 01845 Re: Application to Zoning Board of Appeal for a Finding Bell Atlantic Mobile of Massachusetts d/b/a Verizon Wireless Five Boston Hill(1275 Turnpike),North Andover,MA r-iF Dear Ms. Bradshaw: e � ~ Verizon Wireless applied for a Building Permit with the North Ando r Pp g � �.�^,��: ' Building Department on October 7,2004 and received a Zoning Bylaw Denial foga ` from the Building Commissioner on October 8, 2004. Enclosed pursuant totAl.G. c. 40A § 8 and Section 10.4 of the North Andover Zoning Bylaw please find-the following materials for filing withthe Clerk of the Zoning Board of Appeals concerning the above referenced matter: 1. One(1)original and ten(10)copies of Application for a Finding; 2. Memorandum in Support of Application for a Finding; 3. Ten(10)copies of Plan of Land and Proposed Addition; 4. Check made payable to Town of North Andover for the Administrative Fee of$50.00; Law offices 5. Check made to Town of North Andover #022-1760-4841 for notification BOSTON fees in an amount not to exceed$500; and HARTFORD 6. A certified list of Parties in Interest from the Assessor's Office NEW LONDON s TA M F O R D Four(4)sets of mailing labels for the Parties in Interest List will be provided by overnight mail for delivery to your office on Monday,November 8,2004. GREENWICH NEW YORK SARASOTA. www.rc.com BOSTI-842066-1 r+ ROBINSON & COLELLP Town Clerk, Town of North Andover November 5, 2004 Page 2 The Petitioner is filing this petition in order to preserve its rights in light of pending litigation in Massachusetts Land Court brought by others concerning the facility that is the subject of these petitions. The petition is submitted with full reservation of all of the Petitioner's rights under federal, state and local law. Please contact me with any questions regarding the enclosed materials. Thank you. Sincerely, Michael S. Giaimo Enclosures Cc: D. Robert Nicetta, Building Inspector Zoning Board of Appeals, Clerk Amy White Francis A. DiLuna, Esq. Law Offices BOSTON HARTFORD NEW LONDON STAMFORD GREENWICH NEW YORK SARASOTA www.rc.com TOWN OF NORTH ANDOVER ZONING BOARD OF APPEALS APPLICATION OF BELL ATLANTIC MOBILE OF MASSACHUSETTS CORPORATION,LTD.D/B/A VERIZON WIRELESS FOR A FINDING Site Address: Five Boston Hill (1275 Turnpike) North Andover,MA 01845 Map and Parcel: Map 147 C,Parcel 11 . Zoning District: Village Residential(VR) Applicant's Address: 400 Friberg Parkway - Westborough,MA 01581 C= Subject: Section 10.4—Application for a Finding A. Introduction The petitioner Bell Atlantic Mobile of Massachusetts Corporation,Ltd. d/b/a Verizon Wireless ("Petitioner") seeks a finding that the Town of North Andover Building Department(the "Building Department")erroneously denied Petitioner's application for a building permit for certain equipment additions to an existing wireless communications facility located at Five Boston Hill in North Andover,Massachusetts(the"Site"). 1. Proposed Addition The existing wireless communications facility on the Site is an 85 foot high antenna support tower, constructed in or about 1957 out of concrete. It contains numerous antennas and other types of communications equipment operated by multiple communications companies that lease space on and within the tower, including the Petitioner. The Petitioner now proposes to upgrade its existing antenna installation by the addition of three panel antennas and one dish antenna on the sides of the concrete tower,as shown on the plans submitted with the permit application to the Building Department(the"Proposed Addition"). A copy of these plans is included with this Application for a Finding. The purpose of the Proposed Addition is to improve wireless communications service in North Andover. 2. Building Department Denial The Petitioner filed an application for the Proposed Addition with the Building Department on October 7, 2004. The Building Department denied the application on October 8,2004 on the grounds that the Proposed Addition required a special permit pursuant to Section 8.9 of the North Andover Zoning Bylaw(the`Building Department's Decision"). A copy of the Building BOSTI-841982-2 Department's Decision on the Zoning Bylaw Review Form is included with Petitioner's Application for a Finding. 3. Permitting History In 1957,the North Andover Zoning Board of Appeals (the "ZBA")issued a"variance"decision with conditions,to erect and maintain, among other antenna and equipment structures on the Site,the following: "One radar antenna support tower concrete construction eighty-four(84') feet in height surmounted by a sixteen(16')foot driving mechanism upon which will rest a reflector(antenna) . . which in turn will be surmounted by an IFF antenna . . . . The total height of the structure from the ground to the top of the IFF antenna will be one hundred thirty-two(132)feet." The 1957 decision indicates that it allows "certain radar towers for research and experimental purposes to a height in excess of that permitted by"the height provisions of the zoning bylaw and clearly states that the ZBA made a motion to grant a"Variance." In 1982, the ZBA issued a decision [Petition No. 22-82] with respect to the Site in order to change certain aspects of the 1957 variance decision. The 1982 decision stated that it "essentially clarifies and confirms the variance originally granted."It further stated that"attached to the concrete tower there can be antenna and transmitting dishes,not to exceed a total height of 140 feet."The Board stated in this decision that"these minimal changes would extend the rights already granted by the variance, and clarify the petitioner's rights and ability to use the variance originally granted to MIT." The effect of this decision is to authorize the addition of antennas to the concrete tower without need for further zoning relief provided that the 140 foot height limitation is not exceeded. In 1984,the ZBA granted a Special Permit [Petition No. 51-84] to the Petitioner's predecessor- in-interest for installation and use of additional equipment on the fifth floor of the concrete tower building, and the placement of certain antennas on the top of that building. In 1997,the ZBA granted two Special Permits to Sprint Spectrum L.P. and,Omnipoint Communications [Petition No.024-97]in order to extend the non-conforming use on the existing structure with the installation of certain wireless communications equipment. The ZBA found compliance in both cases with Section 9,Paragraph 9.1 of the Zoning Bylaw that such change, extension or alteration shall not be substantially more detrimental than the existing non- conformity to the neighborhood. In 1998,the Town of North Andover at a Town meeting adopted an amendment to the North Andover Zoning Bylaw to add Paragraph 8.9 concerning Wireless Service Facilities. In particular,Paragraph 8.9 provides as follows: "No wireless service facility shall be placed,constructed or modified within the Town without first obtaining site plan approval from the Special Permit Granting Authority(SPGA). The Planning Board shall be the Special Permit Granting 2 Authority for the issuance of a special permit to allow the placement, constriction and modification of wireless service facilities within the town." B. Argument The 1957 and 1982 Decisions establish that"antennas and transmitting dishes"may be added to the tower provided that there is no violation of the terms of the original 1957 variance, as amended by the 1982 Decision—the 140 foot limitation. The Petitioner's proposal would add antennas to the side of the concrete tower—well below the 140 foot elevation. With respect to the Proposed Addition, Petitioner contends that the Building Department and the ZBA must abide by the prior ZBA decisions concerning the Site and permit the Petitioner to add antennas without need for zoning relief. The Building Department's requirement that Petitioner obtain a special permit for the construction of the Proposed Addition would constitute a substantive modification of prior ZBA Decisions in contravention of Chapter 40A, Section 14 of the Massachusetts General Laws. C. Conclusion Therefore, with full reservation of its rights under local, state and federal law,Petitioner respectfully requests that the North Andover Zoning Board of Appeals grant Petitioner's Application for a Finding that the Building Department's Decision should be overturned with respect to requiring a special permit under Paragraph 8.9 of the Town of North Andover Zoning Bylaw in order to add the Proposed Addition to the existing wireless communications facility on the Site and that no further zoning relief is required for the Proposed Addition. Respectfully submitted, Verizon Wireless By its attorney . S Micha S. Giaimo,Esq. Robins6n& Cole LLP One Boston Place Boston,MA 02108 Date: November 5, 2004 3 11/0104 MON 13:04 FAX 978 688 9573 NORTH ANDOVER DPW ljj003 NOR1q TOWN OF NORTH ANDOVER FINDING ZONING B F APPEALS _�,. • Z G ARD O O _ �BagCN►f+tS NAME: ADDRESS OF APPEAL: Procedure & Requirements for an Application for a Finding Ten (10)copies of the following information must be STEP 6: SCHEDULING OF HEARING AND submitted thirty (30) days prior to the first public hearing. PREPARATION OF LEGAL NOTICE: Failure to submit the required information within the The Office of the Zoning Board of Appeals schedules time periods prescribed may result in a dismissal by the the/ scant fora hearing date and prepares the legal Zoning Board of an application as Incomplete. no& or mailing to the parties in interest(abutters)and The information herein is an abstract of more specific for publication in the newspaper. The petitioner is requirements listed in the Zoning Board Rules and noted that the legal notice has been prepared and the Regulations and is not meant to supersede them. The cwt of the Party in Interest fee. petitioner will complete items that are underlined STEP T' DELIVERY OF LEGAL NOTICE TO STEP 1: ADMINISTRATOR PERMIT DENIAL: NEWSPA The petitioner applies for a Building Permit and The petitioner picks up the legal notice from the Office receivers a Zoning Bylaw Denial form completed by the of the Zoning Board of Appeals and delivers the legal Building Commissioner. notice to the local newspaper publication. STEP 2: FINDING APPLICATION FORM: STEP 8: PUBLIC HEARING BEFORE TIME ZONING Petitioner completes an application form to petition the BOARD OF APPEALS: Board of Appeals for a Finding. All Information as The petitioner should appear in his/her behalf, or be required in items 1 through and including 11 shall be represented by an agent or attorney. In the absence of completed. any appearance without due cause on behalf of the petitioner, the Board shall decide on the matter by using STEP 3: PLAN PREPARATION: the information it has otherwise received. Petitioner submits all of the required plan information as STEP 9: DECISION: cited in section 10, page 4 of this form. .After the hearing, a copy of the Board's decision will be STEP 4: OBTAIN LIST OF PARTIES 14 INTERM: sent to all Parties in Interest. Any appeal of the Board's The petitioner requests the Assessor's Office to compile decision may be made.pursuant to Massachusetts a certified list of Parties in Interest(abutters). General Law ch. 40A§17,within twenty(20)days after the decision is filed with the Town Clerk. STEP 5: SUBMIT APPLICATION: STEP 1Q. RECQ DINt,THE QECISION AND PLANS. Petitioner submits one(1)original and ten(10)Xerox The is responsible for recording certification of copies of all the required information to the Town Clerk's the decision and any accompanying plans at the Essex Office to be certified by the Town Clerk with the time County, North Registry of Deeds, 381 Common St., and date of filing. The original will be left at the Town Lawrence MA, and shall complete the Cert cation of Clerk's Office, and the 10 Xerox copies will be left with Recording form and fonnrard it to the Zoning Board of the Zoning Board of Appeals secretary. Appeals and to the Building Department. uuurre�nuixninutnunu��tiu�n ` :..:. . IMPORTANT PHONE NUMBERS: 978-688-9533 Office of Community Dev. &Services North Andover Town Hall 400 Osgood Street 120 Main Street ^; North Andover, MA 01845 North Andover, MA 01845= 978-688-9542 fax for Community Development offices 978-688 9501 Town Clers Offi 978-68&9566 Assessor'SDff+c 978-688-9545 Building Department 978-688-9541 Zoning Board of Appeals Office PAGE 1 of 4 _ U, k�v N Page 2 of 4 Date & Time Stamp Application for a FINDING NORTH ANDOVER BOARD OF APPEALS 1. Petitioner: Name, address and telephone number: Bell Atlantic Mobile of Massachusetts Corporation Ltd. d/b/a Verizon Wireless 400 Friberg Parkway, Westborough,MA 01581 *The petitioner shall be entered on the legal notice and the decision as entered above. 2. Owners of Land: Name,Address and Telephone number and number of years under this ownership: Benjamin G. Farnum, 397 Farnham Street,North AndoverMA 01845 978-725-4954 Kings Grant to the Farnum Family Years Owned Land: 3. Location of Property: a. Street: Five Boston Hill (1275 Turnpike) Zoning District.VR b. Assessors: Map number 107C Lot Number: 11 C. Registry of Deeds: Book Number 1656 Page Number: 94 (Essex Probate 350363 4. Zoning Sections under which the petition for the Finding is made. Section 10.4 *Refer to the Permit Denial and Zoning By-Law Plan Review as supplied by the Building Commissioner 5. Describe the Finding request: We request a finding that the Building Department erroneously denied Peritioner's application for a building permit to add three panel and one dash antennas to an existing wireless communications facility,located on the subject property and that no further zoning relief is required for such additions.: See attached memorandum in support. *The above description shall be used for the purpose of the legal notice and decision. A more detailed description is required pursuant to the Zoning Board Rules and Regulations as cited on page 4 of this application. Failure by the applicant to clearly describe the request may result in a decision that does not address the intent of the applicant. The decision will be limited to the request by the applicant and will not involve additional items not included above. *NOT APPLICABLE 6. a. Difference from Zoning By-LAW requirements:* Indicate the dimensions that will not meet current Zoning By-Law Requirements.(A and B are in the case of a lot split) Open Percentage Lot Area Space Sq. Lot Frontage Parking * Minimum Lot set Back Sq. Ft. Ft. Coverage Feet Spaces Front Side A Side B Rear A. B. 6. b. Existing Lot: NOT APPLICABLE BOSTI-841969-1 Open Percentage Lot Area Space Sq. Lot Frontage Parking * Minimum Lot set Sq. Ft. Ft. Coverage Feet Spaces Front Side A Side B Back* Rear C. Proposed Lot(S): NOT APPLICABLE Open Percentage Lot Area Space Sq. Lot Frontage Parking * Minimum Lot set Back Sq. Ft. Ft. Coverage Feet Spaces Front Side A Side B Rear d. Required Lot: (As required by Zoning By-Law) NOT APPLICABLE Open Percentage Lot Area Space Sq. Lot Frontage Parking * Minimum Lot set Back Sq. Ft. Ft. Coverage Feet Spaces Front Side A Side B Rear 7. a. Existing-Buildings: NOT APPLICABLE Ground Floor Number of Total Square Feet Floors Sq.Feet Use of Building* *Reverence Use Code numbers and uses from the Zoning By-Law State number of units in building. b. Proposed Buildings: NOT APPLICABLE Ground Floor Number of Total Square Feet Floors Sq.Feet Use of Building* *Reverence Use Code numbers and uses from the Zoning By-Law State number of units in building. 8. Petitioner and Landowner signature(s): Every application for a Finding 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 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 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 dismissal by the Zoning Board of this application as Incomplete. Signature Type above names her ichael S. Giaimo Esq.,as attorney for Verizon Wireless in accordance with Para a h 7 of the Option and Lease Agreement between Benjamin G.Farnum and Verizon Wireless dated August 8, 1984,as amended.) 11/01/04 MON 13:06 FAX 978 688 9573 NORTH ANDOVER DPW 006 PAGE 4 of 4 FINDING 9. WRITTEN DOCUMENTATION Application for a Finding must be supported by a legibly written or typed memorandum setting forth in detag.ail facts relied upon. When requesting a Finding from the *10 C. *Feaftwes To Be Included On Plan: requirements of MGLA ch. 40A, and the North Andover 1) Site Ori ntatkm shad include: Zoning By-laws, all dimensional requirements shaft be 1. north poW clearly identified and factually supper Each poink 2. zoning district(s) A-C individually, is required to be addressed with 3. manes of streets this application. 4. wetlands(if applicable) 5. abutters of property,within 300'rada>s A. The particular use proposed for the land or 6. locations of buildings on admit properties structure. within 50from applilcatft proposed structure B. Fact(s) relied upon to support a Finding that the 7• deed restrictions, eat. proposed extension or alteration shall not be more M I.Agend&Graphic Aids: substantially detrimental than the existing non- 1. Proposed features in solid lines&outlined in red conforming use. 2. 'Existing features to be removed in dashed lures C. Address all appropriate details of the Wilding 3. Graphic Scales Commissioner's denial. 4. Date of Plan 5. Tide of Plan 6. Names addresses and phone nurnbers of the 10. PLAN OF LAND applicant, owner or record,and des9w or Surveyor- Each application to the Zoning Board of Appeals shad be accompanied by the following described pian. Pians 1.0 D. Mlnor Projects must be submitted with this application to the Town Minor projects,such as docks,sheds,seal gam, Clerk's Office and ZBA secretary at least thirty(30)days shall require the plan ie�far'tnadion as indicated with prior l the public hearing before the Zoning Borequire only (*). In some uses further information may appeals. be required A set of building elevation plans by a Registered Architect may be required when the application involves. 11.APPLICATION FILING FEES new constnaction/conversion/and/or a proposed change in tlse. A Notification fees:Applicant shall provide a check or money order to: "Town of North Andover- 10 A. Major Projects X12-1760-4841"for the cost of first class, certified, Major projects are those which involve one of the return receipt($4.42 as of November 2003)x#of all following whether existing or proposed: parties in interest identified in MGLA.ch._40A§11 on the I)five or more parking spaces, abutter's W for the legal notice check. Also,the applicaernt shall supply first class postage stamps IM 2000 squar3)ore three( more dwelling units, (cxurently 370)x the#of parties of interest on the sre feet of building area. alxttet's list for the decision mailing. Major Projects shall require that in addition to the 108& S. Mailing labels:Applicant shall provide four(4) C features, plans must show detailed utilities,soils,and sets of ding labels no larger than 1"x2 5J8"(3 copies topographic information. for the Legal mailing and one copy for dw Deasion mailing). *10. B. *Plan Specifications: C. Administrative fee of$50.00 per application. 1) Size of plan: Ten (10)paper copies of a plan not to exceed 11"x17", preferred scale of 1" ' M One(1) Mylar. 1H) Plan prepared by a Registered Professional Engineer and/or Land Surveyor,with a block for five (5)ZBA signatures and date indicated on the Mylar. a Abutter to Abutter( x ) Building Dept. ( ) Conservation ( ) Zoning ( ) J luu4 itUV -C o r'tt Town of North Andover Abutters Listing REQUIREMENT: MGL 40A,Section 11 states in part"Parties in Interest as used in this chapter shall mean the petitioner, abutters,owners of land directly oppositeon any public or private way,and abutters to abutters within three hundred(300)feet of the property line of the petitioner as they appear on the most recent applicable tax list,not withstanding 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 abutting city or town." Subject Property: MAP PARCEL Name Address 107.0 11 Farnum,John C. 0 Turnpike Street North Andover,MA 01845 426 Farnum Street Abutters Properties Map Parcel Name Address 107.A 149 Boston Hill Development,LLC 100 Andover-By-Pass#300 North Andover, MA 01845 107.A 40 John Farnum 426 Farnum Street North Andover,MA 01545 107.A 42 John Farnum 426 Farnum Street North Andover,MA 01845 107.A 249 John Farnum 426 Farnum Street North Andover,MA 01845 107.A 250 John Farnum 426 Farnum Street North Andover,MA 01845 107.A 252 John Farnum 426 Farnum Street North Andover,MA 01845 107.A 253 John Farnum 426 Farnum Street North Andover,MA 01845 107.A 254 John Farnum 426 Farnum Street North Andover,MA 01845 107.A 255 John Farnum 426 Farnum Street North Andover,MA 01845 107 C 13 Trustees of Reservation 527 Essex Street Beverly, MA 01845 107.0 68 John Farnum 426 Farnum Street North Andover,MA 01845 107.D 35 Boston Hill Road Trust 68 Boston Hill Road North Andover,MA 01845 107.D 36 Boston Hill Road Trust 76 Boston Hill Road North Andover,MA 01845 107.D 37 Trustees of Reservation 572 Essex Street Beverly,MA 0 19 15 107.D 38 Trustees of Reservation 572 Essex Street Beverly, MA 01915 107.D 39 Trustees of Reservation' 572 Essex Street Beverly, MA 01915 Page 1 of 1 This certifies that the names appearing on the records of the ssessors Office as of ib Certified by: Date trS a Vo17M Wifeless - VERIZON WIRELESS 400FRIBERG PARKWAY WESTSOROUGK MA 01581-3956 veri w NORTH ANDOVER NORTH ANDOVER PERMIT DRAWINGS 08/13/04 FOR SUBMMAL 08 FOR 0719 MOM TURNPIKE STREET FOR COMWff B 08 28 04 FOR SUOMAL '. NORTH ANDOVER, MA 01845 A Ot/15/04 FORCOMMENi 10 Dewberry Dowb9rry-OoodWnd,Wso, - SPm.rxF¢wve. A MOOR' easrON.w mw P,qK:a7.�ss,00 sNe Rnrsus .�� �, a,� e_nr AOnasta. OESCRWiK)N �'Z yy O. i \ r.^^'• 1tR9su¢ER� 6RADFORD A. m m °' `� .;✓' NpR1/.ANDOJ6l MORIN Ni0R+9L 1iA on" .MILLS -a r-1lmc DAMo CML w auADE Do1lEa P-1 AEU7RR4 PUN..I No.39988 Kam NRMYR919 hm-9 S70 nLE1 ` p"M6 P-_ I&lnF16 • !, 11 UPMA w f-a snE W,w 005-3400 PAAUNWFM 40-ator P-4 tA4I t wsr tuvAnoRs OItAWN 9r: as f 1 cmmoy F w o+aa PROJECT DIRECTORY 1Nti NOMMswm P-D Nom k 90UM a2mn NB MENEMED 9Y: 99R, P-9 M M.MOUMM DaAE2 aim=Pn PP9 fto �Sow SLW&Y OM nib ra ,ns ascRrR wwAxf(eoM -37xs nle ms wu.oDNWN sf Aoao ry) M PMrL 9Ea9ROr W 0/72D mEaalMrc lR+rn. ANI 1(ONE pE11 OOSiM9 vwEDN MDUmS. 1E1uTON ) TENDO 9E iilRlOOMM f%IY1M0 BNII{WD D.Q.L PROJECT NUMB[it f (7/1)271-1019 �I�.S` RNfFTr \'1` omwn F.L& PR CT DESCRIPTION MORIA AMF19f%Ei OAIUM OF 1981(WDOJ) THM OOCUYFM NAS. 10 Alam A SPMM SIM VIE ADDRESS MID IIE 91E AND tE NOT 10�,USED fat CFNM df PROPOM LEASE AREk ANONO ERE OR 4OIIRR Ca9Ji1gIA PERfA7N.REU6E f IAMLMM4r3W4&9r tAMMPM 7r96.37.1N of 1M S AT ttx aaE lI®c of ax 17901. TURNPIKE STREET VICINITY MAP M.fi CONSULTANT TEAM PROJECT' SUMMARY FACM a eR»Awxm Mor rOR«uav+Iue DB o1L SHEET INDEX NORTH ANDOVER, MA MEET Hilae aRocrau FROM eoarow DEtE Rn:a 1gIR11 m aoa N. TITLE SHEET 1RRac oMm9s-tE9 Nonni NOR u Mats. 1ORM OmO OR=Raw MR Is NESE. m man i o ML lam wA ra iNe t wn sNCEt NUMotw HALF SIZE PRINT nfs aww.90NFN12 T-1 AT NMF M[MOIm!(UIE s l LfOEND R1F � p p� / WPIS —s—-__ LOCA PPUPOW GNE verlmo VITf�lG7�S ———_ ZIM107M262 --'—"— PROPERTY --—_ 1_ ———— \ dZM.FMNNM U ^"�'''�'� TREE L NE VERIZON WIRELESS unux POLE WES400 FRIBERG PARKWAY TBOROUGH,MA 01581-3956 Y A o' TREE 4MRR NO D..**R M ILC iD RNGE O Rn GW V / NOIp¢ s W axF K. z,o.,o7A-o,�9 ROA \\ "e o NORTH ANDOVER O1N soak Is72 Pall 0127 \ P5 NN DsnBp" LLC / 1W8ru�1C=A R/2fN \ >k 11 ORPd Book�F72 Ps"0127 2/0.107A-256JA"m r- 494 \ M/ � I PERMR DR4NlIt�_S ✓sm iMPN17isH 1 CT1 '��tL Syr.. Ts+, E.05100104 05/13/0484 FF8 AL AAEC sAB/C SCOAAAENT M ` C 07/19/04 FOR COMMENT 2t0.1DfA-26i li'l ® 06 04 FOR SUBMITTAL �F A. A.of/T Of FOR toIIAENT BppK Dewberry R 2/O.tHg9•-0W8 \ �+�. C DOWbWIy�a00dK61d. �a-slOrftOm9Atw a ss elk � z L T 1 ;2P tt,R,rl. tlrryRlwn �L .10M10. \ `t R72 c BRAMILLS t y ORR"W NWILg 87Y '#�� ^'�` 12E FANP N \ No.3M ` ►nR 717 � .....-�'-'" � � I �' .. - - - - --- T - - - — — — — " — MATCH UNE M12 w.TQ1UNEH'NY, �l. t1 1 \ \ —cmAMn 9Y: MLI Rcvwww W" 7RW27i10. MIRw6leF CHECKED HF&.; M \\ MoIRp[s 4 _— S ` D.a.L PROJECT I IIIILIBFIC. P34-01�" \ SfD:107A-219 SITE ADM= \ NE iNtl11M SF TURNPIKE STREET \ mt�iaD7°rAabN NORTH ANDOVER, MA MIMMN FROIi 26.fT. 778 J2 FAMPst!f. '1 lINI1sN!OE WPW is m 1HR is"m IEa YAW 20 Fa. 2" rt.: 1 1 ABUTTERS PIAN — 1 NNL.mmm Ort.. 72 rEt mm"LDT lIIOIRMs6 72'R. N/A , ♦ _ , tbT 43MO 2I• /MB�JT Eft PLAN^1 1 mKEr ePPMeu t � HALFS[ZEPRINT i P-1 011RC sBLE. veriZWwkeless ATCH UNE0.1 MATCH 101EP-t VERIZON WIRELESS 400 FRIBERG PARKWAY WESTBOROUGH.OUOM.MA 01581-3956 \ \ NORTH ANDOVER \ 1 \ 424 C�Fm3wm 70430 r—DL 1 'k, - PERMIT DRAWI Q OB 73 FOR @UBMITTAL 08 08 FOR C07 19 FOR T 08 28 04 i0RAL01/18/04 FOR T a .1070-1 , « j \ °°F Dewberry ro VIA was � yo Dowberry•OoodMod.Im atn aM"Aw. Ol>STOK OZI14 \ Q) !, ten- 4II0 1-4t ' xmtofC.tt Q U I y,S� �y JONN C. .BRADFORD N MILLS GINAL 1 \ y I o No.33966 I !Jahn�'Gitwm BOSTONROAD �. ! �474 FwnMo 4f. - CRAWN AYc MW 4a IIW�nW ileal TM�1 �. I ` ' f AENEN19 GYi 44R 4!8wimf KR ftm i 1 , E10.1070-OOSB II/0.10A-4D I 4rECKEo Ye: FM t M.aw 74 1.21 1m UK Anlewry 1 ee4tel lM Rse/ltwl CtIMKr I fd"-A t ohne oaW14t , W OtMi f I w MiYn M IMM 1p_p�_y�ylpp Ea brlen!L / ..b al.PROSECT NUM8M 3A401 f \ MdIInG»MrMs Nr ot«s 1 Ca1M/ 1 sta \ M wwe. MA I K K IaOW0.s.N46M1 \ 011 Be"Rae4 1 - 1 \ I llm R xII JI W 4T—� td i tyy II10.1070-81 K M/wwr,-1N wMB 1 t10.0.�y W 6 9"l 0 Y J�a."% ..E17E AOOREIt Oa41an R M. $Miemr.. y I o�"i� ' TURNPIKE STREET ----^-- 307'63[11*--- NORTH ANDOVER, MA I v*ZT ARL "11 'R`VAUM mmomct ed6rro K1e ABUTTERS PLAN mm J WAM I%W-o'. ABUTTERS PIAN — ii MawM wl as FLa —a- —— wEus wt9eaRr ue Mt1eMW a9E Wuo< H FT m FrA Jnr tuc e• 4C ter MNIANI 1198 Wm >0 A. YR"A omr t Aim WX momtm fachv 9. aME►�E 70 n* rwvv� rte uME HALF SIZE PRINT ?. 1m MEk 441140 AF 300 F11plRIY 4Cf BACK t°Mv",t1E°TIE IC1®eDYL P-2 GENERAL NOTES N H 1.)FEUD"VEY:MAY 15.2002 Z)1RwZ DATUM"MTN AMMAN DATUM 1863(NAD63) SPEP VEIBiON 33 VAIMAL DAME NOW2e.To FM-2D ACCURACY. (Raw. ape 1.�Fac AD RES&TURN wriMawihilew w Ra3TRlc v-e a MTE ADOTEss;7uwM A STREET PAAYEMENi % /f�' S Eµ1mNG vE1RZON NORM ANDOVER,NA 01as TREE UNE y / ` a TENNA(TVP.-3) a)DwRot Ata FARNUM STREET NORM ANDOVER.MA meta 400 FRIBFRG PARKWAY %r v° / '•\` 7.)BTE:NcaTN ANDOVER WESfBOROUGH.MA 01561-3956 \ ".d EXIS—UO'Qo' \• 6)APPUCMT IERQDN PROPOSED �' 'rte / EOU—C.T l' 8.)ABm3TICT0M:TOWN OF NORTH ANDOVER TETa2DR1 ANTENNA I `/\ ROOM ON la) RD SUE R6S/R/CES NO DEED RECOFOUND. EXBONO ON PPE N01NF TOP ROOK 11.)PIAN REFERENCES,PLAN PNB B"A MORIN ANDKOIS RY NA DEEDS. 12)DEVA710N4 ANo COCRIIIAlE6 MTM FM-2C ACCURACY. 13.)IRIOEACICMR \a MUTS WERE NOT NVESTICA10. NORTH ANDOVER YNI8 73 HOURS ANOTICE TO NTUT MASSACHUSETTS D SAFE i-6o0-CC-SAYE S / 14.>PROPERTY UNE INFORMATION 1a CCMYID oMlr.NOT M %N ACCURATE IWUMDMY SURVEY. .\. EXI3TNC CONCRETE TOR. �"(` fA66.3'AGA.ELEVATION) 1a)ALLURE SMUDGE REm=AREµ01311aCL PERMIT DRAWINGS 104 ALL BEARNO3 tRSRD ARE RVEPDIC®TO(aD NORTH. - " SEEURTT u�, �. LEC>EI9P UN /' WRON AMIRIM t OUPµ UTUTY POLE.Woom a"W" E 08/13/04 FOR SUSMFTTAL FENIX /te t .P�,LONR® CTeE 70.PHONE MANNCE D 00/06M FOR COMMENT p 111' � 0" WMER MANNgd 07/19/04 FOR COMMENT UP g$$ / "MO DRAM REGURG NNIZZ A 06/281" i3 FOR SUBMITTAL W T>, / CEMM VUE NIC MAN /04 FOR COMNEM' BAR' TOWERE LAN 06 WATER DATE UP » / seAT7A,-.FC-o• MScomalm SOUND FOUND Dewberry � X13W SPO MEVAVON wow SCFE -or SEO- B•NIDD CMN UMN FENCE �..4 y° Av —O"W^ Om MEAD ow Dewberry-Goodkind.Inc. VP/ TOP alloom mm —�IE4— CONTOUR :LV,=ASE. °e UT, eAoe] PPORTONO .11. aw(TYPO1NRNR.RZiRN.aw. °0 �' 7Bs/Bo C(1ty IMF BnUE1NOUe .assNe 3. t DaMaLEi01E To�wER Oen iC tav EDGE v vAATDLDIr 1A Too TAMtsr Mania- oxaR a2Y sw COXCKrz t+ SIXONAUK MRe MAc W4 C rWIt"AM Y o�E i a1►. aaDe BRADFORD A.yC' aha 3S METT NEB ENGLAND TF!l0Mom 0 TEUMRAPH a MILS 011 ORM aMaTE u OMI y TOWER CONC.TOM FACETOP.CFV. %2T FOP W PARAPET 6EVAIRN T� Mss R1t3' TDP OF ROOF D VATON. .X0.3 1.NOT ALE bOSIM16;bwmwT T10YN no CNUTK 8123• GROUND ELEVATpN I TO.E iWM.E M ROOF W?PPE EEC• ' y e'�:5' RD ROOF.MAN FONDUE 30' M-R K WIT FAN TOWER BaN/se oRRE RiOIE sToeE BaRxo TrouMo FACE PRWANE <g 'R I 1. DRAYN BY: YRY PROLUM EXIST/NG COMMONS �R DRRsas Pt Lu M ax TARIk Is m ns PE TURNPIKE STREET RE neBED sr BRR 1.aaw NEAR rAIIIIII aD 1t mall R•s NORTH ANDOVER, MA MAX VX" am 70 ru ���� Mrs"wr"MTI IAM 3B.k. WA SGEL 11+10• MAY F4"M 'If a1.PR6I[CT MUNBOe 373R-O, II J DAT ARFX :SF. N A. ARVFY<D SRC.+D ARRAr OF NEMEC BAS/SYM,ZY COMMUNICATORS NI LEGEND Mu j=Jmw M44 WaVVA%IN 0,7J0 _ s Tw4un 801-2316 F.F.f7B1)171-1018 "Sit UNE LTE ADDRESS q, WIlUlY POLE ATNM B PA/.CORMACN PES aVR 6/16/2002 ebaovl nFRY®IN►Ak00Bpd{. 1s1MTc TURNPIKE STREET PER, ,NOr F NORTH ANDOVER, MA s/EBr,01E SITE PLAN rYwv-r'v-yY' i i, EXISTING CONDITION MEET M IMSETe tIGIC.t'�27-D' I HALF SIZE FARM' } >° RSWRP-3 I 5 { , TOO CE IrcE TOWER Do Di I—E TOWER €LCYAON-Szs'C.E.o.- '4'.LE4ATron siv N.c-v"b� T.NOT ALL EIOSEN6 BDUPMEHT S1DwN FOR CLARRY. x veli im `w Elis X REF. 2 X X e VFRON WIRELESS F 100 RIBERO PARKWAY _ WESTSOROUCH.MA 01581-3956 M'.'. eMKnNc EM • LATTICE �CE TOWER TOWER NORTH ANDOVER xx PERWr DRAWINGS ANTCNMA$(� EM15Twc WHIV ANTETMA(TRO.) 08 13 04 FOR SUPARTAL :0 08/06 FOR COMMFNT -C 07/19/04 FOR COMMENT EXKT,NG sffm"LmO('W') 08/28/04 FOR Al EXKTWC S4FETV aAWN+D A 01/I5/04 i0R COMMENT EL fXKVERp'OM - E%KTmO VERIECN FN+EL ANTENNAS OANp,ANTetmA3 (6E.CTOR WK ,3) EXKDNC MICROWAVE MM (SECTOR C)(1VO.-3) 4.-Ew,A 0(� O F AYTENNA � Dewberry E1.zwom 461.6'NA.YA. PANft EtEW1gN 161.f N.C.V.D. ONTEL N ` ""NTEOS Dewberry.Goodkhd,Mc. EUANiEtAlA C)-,T., f ANIE,RIA —_•_ DMIbN Sf NGY:D. MICROWAVE it 6i.JAwE6 ATR. ELEVATgN{55:4''N.G.V.D. 3RDmmR aSN(TW.2) 6CBTCIt MA UEtte y`w_1NdTDN PROEMS( [XISTIND 41CWDWFVE aSN ILL VERDGII ANIENMU YNDTaE.m�3a0! _—• ^^' �N Z E%KTIIO.FANEL ® UET111TI011 4 veMaWA. E FnT,QN (TV.3)tArnDr.AVE asN F-a 4 TNTENNA BRADFORD A. 4NTE1mAS EIEVA 4a44 N.C.Y. BNId A16 i PANM ANNNNA CLEVFIYa1 N6.{'p.G.V.O._ G �� e N MH MTNO ftmm (� n1 v CML w ANTENNAS '. oE6RNc J 1. No.s.Tso CONCRETE CONAL svUm L ( °a . •• °.. .< !PRAWN Bny' wW y Br. BNI L , 4 EwSTMG :CHECIQLCONCRETE Bn APD i • wLDK ° 8 r y 'D.6,L PROJECT NMMBERI W34-0T wmoows • a+. .:NTE ADDRE 4 Y 4 CCONCRRESS ETE BuROmC eaaLmw TURNPIKE STREET e NORTH ANDOVER, MA A*eT wnz •,. � EAST & WEST TpN 361 ND. .A ,ELEVATIONS' EAST ELEVATION i�EST ELEVATIO NuwBaL Ba6N 1/f'�Y4 Em18 E/6•t•-0' HALF SIZEPRM is mm P-4 TOP Of IATCCE TOWER TOP OE TACE W.E. -----------' --_ __c ELEVATION Ste'N.C.YA. ELLVAnON 329'N.G.V.O. �I /.NOT ALL COMM W MMENE SHOWN FOR E AM. 11 a ,Zgg I recess x IIET. m z-x VERIZON WIRELESS 400 FRIBERG PARKWAY WESTBOROUGH.)AA 01581-3956 LIMDE ExSNNC WWTTrcERTO CN NORTH ANDOVER .PERMIT DRAWING:. ExISnNC VAMP ANIEHNYS(n'R) - E-03/13/04 FOR ,..1.04106/04 FOR COMMENT 14' xISTWc Wiles C 07 9 04..FOR C ExISTYHO S.9W ANTENNA(TVP.) 9 06 8 FOR SEAL RAx1NG afXlS INAAJNG SAFM EMSTWG.. VmN SAFETY A OIAIS104 FOR COAMANT Exmxw MOBIOa MICROWAVE PANEL ANipWB CIsNE3 (sECia1 C)RW'••,U EANL ANTENNAS TEN AS PANEL ANTENN.9 Dewberry (SECTOR.�:3) � `ExTSnNO O WWDOq _� ELEVA OO.6.6'N.O.VA. [LEYAigN 161.6'NAALB. ��✓/ Dnw6BHrpOOotlWNd,hTO. SH sT.aAMu nx. ANIEMY _.iN1ifNNA_ _.___ T<IE67ON ANTENNAS 9NDROOR ELLWRW 456.4'N.C.YA. I LJ Lj I_J I REVATION N3.4'N.O.VA. --_—�—� ♦ - 7E- PAREL NNC PANEL IOETON.NA @fM lrV—IJ�IJ E{QWnON 4el A'NAY. V6tl7St4 ANIFJg4 PROPOSD Vii ♦i M�2011 MIIQINA ANTCNNAs —A. NIpE:alf i6al90 �•SLYMpI 4588'NAPA.-- PANEL ANIENNAB EtEYMION K�O.Y=NAVA MICIIOWAVE 1 EwSnNO VENZON 048N IATTTAINA SECTOR. ELEVATION 446.4 NAV.9. ELE'/Anom 14eA'NAVA. - (*W�4 ��-9RADFORDA. N 2 c MILLSANCN"s r-e E>,MG o CIVIL �+ NTENBfa MICROWAVE NO.33888 o6N �rLO NAL 4 Ew5TW6 TMNEI � C%4n AN PANEL 4 ANTENNAS(TVP.10) < ANTENNAS M 1 ORAWN BIk +e.WW t • 't.' • 9EMV%lW 4r. 1 eRR) TM.. t • •S• iyj. 4 ewom ilh PPB W • • ^ a s � O.W.PRBiCTNLNABSF. i7bE-Oi • •4 n I-ffiTE ADDRESS • ro CONCRETE TURNME STREET •- NORTH ANDOVER MA CONCRETE *RMT ll;� 77777771 A NORTH & SOUTH BxwrHo uEwlnaN cRoulHoELcvAlpw a ELEVATIONS 391'NAVA RQNTN E1.EVAT� 261'NAME; NO 4 ` VA TION NORTH �wwwL sou>B TfE.T-e' 6oNa EM�Y.diuiu FRINT P-5 vers gawireless 1)COMnACM SNARL VERIFY COtOWNS OF EA VERIZON WIRELESS MOUNT TO mAom OONNEC m"NPROXE/R[PMR 400 FRIBERG PARKWAY As NUDW, VIESTBOROUGH.MA 01381-3986 E1 COAKWL CABLE MALL VM ZE DOSIIRO NAM MW PORE FROM THE EOU MEW ROOM M TNe M nW"COMRA010R SU"M6PMT EXISRNG POMB AXV RPM AS RECUMEO. NORTH ANDOVER TES VERIZ(T T-fRMIE PaNO..lMIF1RIA ANTENNA MWM(TO RENMN) PERMIT DRAWINGS EMNG TOWER _ EXTERIOR Wµ6 e T v oN OB T7 G4 FOR SUIIWffAL moLknWPOE 0 06/06,104 FOR C '.0 07/IV04 FOR COMMENT B 06/26,'04 FOR SUBMITTAL A 01/15/04 FOR COMMENT [aniwc wxiax FIFVAtTnu VIEW 10 IMBA�A iDlM -_ - Dewberry Dewberry-Goodkind,Mo. a:n.JaMHMAVE N10NE:etYmq.MOT Waves H '� ENISTm TOWER EATERgR wAu BRADFORD A GN MILLS " CML N n )')0.33B5g owp. EED1Mo a10RA DRAWN BY. WW - REVIEWED BY. BeR PROPDI[D TDUMI6IM BFTCI¢T .WECMW M vPe 01►.^EJ E.`CM A EWsnNC W:WiZON r-FRAME PMWLSW.A M)1ENTM YOUM(TD REYNN) (M-3) D.F6 PROJECT NUMBER: 3a-O7 SECTOR B&C 'WWN F1 EVATON VIEW iA FDMn SECTOR B&C .BITE ACCRESS ANTENNA MOUNTING DETAIL SE=CTOR A TURNPIKE STREET ANTENNA_ MOUNTING DET' 2 NORTH ANDOVER. MA Bene R.T.S. - � .. G mMYL ANTENNA MOUNTING DETAILS -RNEET Tam om HALF SIZE PRINT AT NVC SM p-6 (I Town of North Andover „°RTH , Office of the Zoning Board of Appeals F - ° Community Development and Services Division 400 Osgood Street °j►4Too .(4 North Andover,Massachusetts 01845 ?�snc►ws�� D. Robert N icetta Building Commissioner Telephone(978)688-9541 Fax (978)688-9542 Date O TO: Town of North Andover Zoning Board of Appeals 400 Osgood Street North Andover MA 01845 b�r.� whrc4 Please be advised that I have agreed to the time constraints for the North Andover Zoning Board of Appeals to make a decision regarding the granting of a Variance- Special ariance Spe is a Permit = Co`mfr re Permit(40B) C Finding for property located at: STREET: ®S�60--TIL MAP: 07 L PARCEL: TOWN: 00rf� A d0Ve-r TO MEETING DATE(S): ,, o�,,�✓a�-N ( Zd�S' NAME OF PETITIONER: &M itc-Ko�i.teo(�M�-s54 d6.n.Ks. d16� WC ZL Signed: t CX—"-C' WrreteS titi r(or petitioner' representative) 4(� 4 24d Appeals 978-688-9541 Building 978-688-9545 Conservation 978-688-9530 Health 978-688-9540 Planning 978-688-9535 BOARD OF APPEALS 2 �e> - Gt 3 f Dec 23 04 01 : 52p NORTH ANDOVER 9786889542 p. 2 Town of North Andover < µOR7y , Office of the Zoning FP Board of Appeals Community Development and Services Division _ 400 Osgood Street sr.!.. North Andover,Massachusetts 01845 '1SAC1. Fi1S� D. Robert N icetta Building Cvn,missione,. Telephone(978)6W9541 Fax (978)688-9542 Date 1-3 /OS- TO: Town of North Andover Zoning Board of Appeals 400 Osgood Street North Andover MA 01845 C_ Please be advised that I have agreed to vmi*e the time constraints for the No Andover Zoning Board of Appeals to make's decision regarding the granting of a J = iv Variance CSpeiPermit pt am ernut(40B) Finding for property located at: STREET: d MAP: PARCEL: C TOWN: Nh4t 4.j o x.' TO MEETING DATE(S): 11-b r✓u r SS 2 v o 5" NAME OF PETITIONER: Be-11 kt l c,^4 c Mcg d c J M a s SQ L t.yse'flj Signed: ' Peti o er(or petition 's representative) WarElpeals 978-088-9541 Building 978-688-9-545 Conservation 978-68$-9530 Health 978-6RR-9540 Planning 97R-63N-9535 JAN - 2005 0 BOARD OF APPEALS Town of North AndoverNGRTI Of st�ao .`1q� Office of the Zonin Board of Appeals Community Development and Services Division r 400 Osgood Street �.,y'��,Ho•�,�,� North Andover,Massachusetts 01845 '$SwcauS�` D.Robert Nicetta Building Commissioner Telephone(978)688-954'.1 Fax (978)688-9542 Legal Notice North Andover,Board of Appeals Notice is hereby given that the Board of Appeals will hold a public hearing at the Senior Center, 120R Main Street,North Andover, MA on Tuesday the 10 of December, 2004 at 7:30 PM to all parties interested in the appeal of Bell Atlantic Mobile of Massachusetts Corporation,Ltd.,d/b/a Verizon Wireless,400 Friberg Parkway, Westborough, MA 01581,for premises at: 5 Boston Street,North Andover requesting a Special Permit from Section 9 and Paragraphs 9.1 and 9.2 in order to mount additional equipment to an existing wireless communications facility;and for a Finding under Section 10, Paragraph 10.4 as party aggrieved of the Building Inspector's denial of a building permit for the additional equipment. Said premises affected is property with frontage on the Northwest side of Boston Street within the VR zoning district. Plans are available for review of the office of the Building Department, 400 Osgood Street, North Andover, MA Monday through Friday from the hours of 8:30 to 4:30PM By order of the Board of Appea Ellen P. McIntyre, Chair r- 77 Published in the Eagle Tribune on November 29&December 6, 2004. Legalnotice 2004-032. M107CP11. Board of Appeals 978-688-9541 Building 978-688-9545 Conservation 978-688-9530 Health 978-688-9540 Planning 978-688-9535 JOVE BRADS�}tiAW kV WN CLERK WORTH ANDOVER JUL 1Z 10 02 AM '9 >M 1f 10 AM -July 22, 1997 Town Clerk Zoning Board of Appeals Building Inspector 146 Main Street North Andover, MA 01845 RE: SPECIAL PERMIT APPLICATION ON BEHALF OF for TWO ANTENNA ARRAYS FOR OPERATING A PERSONAL COMMUNICATION SYSTEM (PCS) Wireless Telecommunications Network Dear Members of the Zoning Board and Mr. Nicetta, On behalf of the applicant,Omnipoint Communications,Inc.,I am pleased to submit herewith this cover letter a completed special permit application and sets of plans proposing two an- tenna arrays to be placed on an existing six-story concrete tower on the Ben Farnum property located on Route 114 in North Andover. Included with this cover letter are the following: 1) Original and ten copies of the completed application. 2) A certified abutter list signed by Mr.John Spiedel, dated, 7/17/97. 3) Ten copies of the five-sheet-set of plans. 4) One set of mylars. (Additionally,one wet-stamped set of mylars are to be submit- ted prior to the public hearing.) 5) One wet-stamped vellum set of plans with original RIS and PE signatures. 6) Filing fee check for$25.00 made out to the Town of North Andover. 7) Authorization letter from the property owner,Benjamin Farnum. Discussion On behalf of the applicant,Omnipoint Communications,Inc.,we seek the Board's action on a petition filed under Section 9,Paragraph 9.2 of the North Andover Zoning Bylaw. The plans accompanying this letter show equipment and antenna arrays proposed for the ex- isting six-story concrete tower on the Benjamin Farnum property on Route 114 in North Ando-. ver. The existing,85 foot tall, six-story concrete tower is a pre-existing,non-conforming use located in the VR-Village Residential zone. Page 2 As the plans show in detail, two arrays are proposed (Sector A and Sector B antennas, Sheets A-1, A-2 & A-3) consisting of two antennas each attached to two different sides of the build- ing. The BTS (Base Transceiver Station)unit will be located within the existing structure on the 4th floor, as shown on the plans. The petitioner seeks a Special Permit to install and use said equipment for operating a Personal Communication System(PCS)Wireless Telecommunications Network. The proposed site is currently used for telecommunications purposes,a non-conforming use in a residential zone. As referenced in the Board's February, 1997 Sprint decision, the land and structures located thereon have a history of use for telecommunications purposes. The site has been the subject of at least five previous Board decisions,including the 1997 Sprint decision. Notably, the Board issued a 1982 decision upon the application of Benjamin Farnum confirming the non-conforming use of the site for telecommunications purposes. Subsequently, Special Permits were issued to WNK NYNEX Mobile Communications,and most recently, Sprint. With respect to provision #3(the 257o question)in Section 9.2, the antennas proposed are mod- est in dimension with respect to the 85f foot high and 26t foot wide tower. Each antenna is 53 inches tall x 8.7 inches wide x 2.7 inches deep. The BTS unit is 4.25 feet wide x 5.8 feet tall x 2.33 feet deep and is to be located within the existing structure on the 4th floor. Should the Board or Building Inspector require any further information to support our applica- tion, please do not hesitate to both, call me directly at (617) 861-8932,and, contact Attorney Domenic Scalise at his office, (508) 682-4153. We look forward to meeting with the Board to present the plans and discuss any issues or con- cern the Board may have regarding our petition. We thank you for your cooperation and ef- forts in this matter. Respectfully Submitted, Markus Pinney,Land U onsultant w/ JM Consulting Group,Inc. cc: Attorney, Mr. Domenic Scalise Mr.Benjamin Farnum Received by Town Clerk: TOWN OFNORTHANDOVER, MASSACHUSETTS BOARD OF APPEALS APPLICATION FOR RELIEF FROM THE ZONING ORDINANCE Applicant 0MM1r0tkT -C0MMU9jC,41ibN1719(Address V. M;(e* {�y� ��Vd. c�im�'o„ HA Tel. No. 500 6A 210 f JT- 1 . ' 1 . Application is hereby made �l�l8q 32 a) N/A For variance from the requirements of Section Paragraph and Table of the Zoning Bylaws .- Q b) For a special Permit under Section Paragraph t•Z of the Zoning Bylaws c) N/A As a Party Aggrieved, for review of a decision made by the Building Inspector or other authority. 2 . a) Premises affected are land and building (s) numbered Street . b) . Premises affected are property with frontage on the North ( ) South ( ) East ( ) - West (-)e "side of T' ! Street . _ Street, and known as No. Street . c) Premises affected are in Zoning District , and the premises affected have an ,area of 1.0 0.00 square feet and frontage of feet �` l�jo�-t.�G✓!A t d?Yt1/{d ,�ro� r LAiJ ®� L�h�� �� . N oK aNt7d� 1 J MAS S u2vEY�TJ �o�,. �CNAM W FnJz4,JVM L d4-t4 r-e6Ya4r I°l� Igq?i 5 2 c I h CI ou � �{-arlrovr � J 1 ?(AA &,Oc.�Kc,*Ae, 5 of- 8 Rev. 06 . 03 . 96 3 . Ownership : a) Name and address of owner (if joint ownership, give all names) : FA2.t4u M Date of Purchase 141A Previous Owner �S�2�C of Tohh f:2rnUM. b) 1 . If applicant is not owner, check his/her interest in the premises : Prospective Purchaser' Lessee Other ✓2 . Letter of authorization for Variance/Special Permit required. 4 . Size of proposedbuilding: N p front; feet deep Height stories; feet. a) Approximate date of erection b) Occupancy or use of each "floor: c) Type of construction: 5'. Has there be n a previous appeal, under zoning, n these premises? --Itt If so, when? M recemf1w[ Jecig,04 2 91 6 . Description of elief sought on this petition C-AyKd riDY 1�OV�- oh oY .% 7 . De d recorded iA the legistry of Deeds in 'Book Page Land Court Certificate No. Book Page "g,o3or: ----> * E A-re of \7-9+4 t-I r-AR t-v m The principal points upon which I base my application are as follows : (must be stated in detail) hee cover lekkeY', e I agree to pay the filing fee, advertising in newspaper, and incidental expenses* 010\ 621J o 0,0AA1 01'14 f C0MPAvn l c.z�i'ovty Signature of Pe itioner(s) 6 of 8 ,ev. 06 . 03 . 96 I /r OF tMRrtEB OF INTEREST: p f y a OF,j SUOJECr PROPERTY T MAP PAR # NAME lo�c 11 _ u044A n vn� ADDREgg A8tli7ERS: I07A C/o R°bert VlJ ok40 1078 7 Jol,,, C. � FurnvM x•!26 +�+r,soft S�nee� 0 r� lo�� to os'Cr�s„ ; Sid• S y�'� c ect T�rh earre�t -�-',,,, S Twn • e 0 0 tr g 0 C 3 T stc er es`orv��oK M to r Ji " / • re S7Z Estex .5 y'/,r eel S''tL.. te'rrr CERT. BY: DATE: LO _ f MURTHA CULLINA 600 UNICORN PARK DRIVE ROCHE CARENS & DEGIACOMO WOBURN,MASSACHUSETTS 01801-3343 A L I M I T E D L I A B I L I T Y P A R T N E R S H I P TELEPHONE(781)933-5505 FACSIMILE (781)933-1530 www.murthalaw.com January 31, 2002 BY HAND o c Zoning Board of Appeals �a�-, , Municipal Building w z rn � �rn 120 N. Main Street q�n< North Andover, MA 01845 c =d ry m RE: Application for a Finding: cn Dear Sir/Madam: Enclosed please find one original and ten (10)copies of the following: 1. Application for a Finding; 2. Building Inspector's Denial and Decision of the State Building Code Appeals Board; 3. Required Plan information including Plan of Land and a typical detail of the proposed installation; and 4. Filing Fee of$50.00. Kindly file and process as your usual course. Ve rul yds --' Fran ' A. u a FAD/mjf Enclosures • B O S T O N H A R T F O R D N E W H A V E N W 0 B U R N I ABUTTER'S LIST MAP 107A & 107B Boston Hill Development,LLC 231 Sutton Street North Andover,MA 01,845 Sharon M. Devon Francis T. Devon 32 Boston Hill Road North Andover,MA 01845 Dorothy A. Letizio Michael T. Letizio 45 Boston Street North Andover, MA 01845 Mary Letizio Calder 45 Boston Street North Andover, MA 01845 Mary L. Salois 10 Boston Street North Andover,MA 01845 Trustees of Reservations 572 Essex Street Beverly,MA 01915 Estate of John C. Farnum 426 Farnum Street North Andover,MA 01845 yr �r �����u�riri���►i r� _ II�Ilr1� �r ti JAN-28-2002 10 :02 PM d P. 03 "OWN OF NORTH ANpOVLR LMR OF PAA71E8 pF 8116JECT pgppEpn, CRs: 400 ,v a y 007 A N I ' � AP D t or h / I CERT.BY: DATE; 0 JAN-28-2002 10 :03 PM tam , 267 "it aw � v' r•.., P- 04 ao 171 746 1a �.:. OWN A t 274 160 yor 0 y, 247 3Mw' - ?n 273 >� a t� wo do Lon 321141 243 • g 281 URN • s 249 � 83 4 8Q • ft a �. . j y 256 250 �y,r 67 so +aM 61 �mK �.w 1.037N 40 vsow 42 �» 3 J0 254' m ,w i .00 253A62 57 2510 148 �:: uw uMr a,. rk gillsWill �• 4 :+, ,� ''' '7 62 71 149 107A mpONE #VMS �' • WNW 103 �Ah as " .i• „%. I 'r,✓ ' •--•-.�._ _.- _.a.0 35 ..._�•.rte ..v' "• _ 37. x! V 36 IS i S .13 38 MW let AW 39 33 JAN-28-2002 10 :03 PM P. 05 All 4 41 / �3 ✓�/�acr, /b� o/sry��-" TOWN OF NORTH ANDOVER ZONING BOARD OF APPEALS IN RE: Building Permit Denial Map 107C,Parcel I 1 Boston Street North Andover,MA WRITTEN DOCUMENTATION (As required pursuant to Item 9 of Application for a Finding) Pursuant to Item No. 9 of North Andover's Application for a Finding; please be advised of the following: 1. The particular use proposed for this land or structure; The current land use includes provisions and equipment for telecommunication services the same as the proposed antenna installation. 2. Facts: A. The particular use proposed for the land or structure; The microwave dish and existing mount is similar if not identical to other installations currently existing on the existing grandfathered tower. B. Fact relied upon to support a Finding that the proposed extension or alteration shall not be more substantially detrimental than the existing non-conforming use; The tower has constantly been used as a telecommunication facility since 1954. C. Addressing all details of the Building Commissioner's denial when appropriate; The installation is subject to a variance allowing the use. The Building Commissioner's denial is not only untimely but also wrong. Respeotfrtl�submitted,,, Beamin Farnum y his Attorney Dated: January 31, 2002 i Francis A.Di una B.B.O. No. 5. Roche,Carens& eGiacomo,P.C. 600 Unicorn Park Drive Woburn,MA 01801-3343 (781)933-5505 i . JAN-07-2002 10 :58 PM P. 03 Town of North Andover Office of the Budlding Department Community Development and Services Division • 27 Charles street • ,. North Andover,Massar OMS D. Robert N4cetla Telephone(978)688-9545 Building C6mmiesioner Pax(978)688-542 January 2,.2002 MJ301 elmue Fammum 397 Farnum Street • North Andover,MA 01843 RE: �C ermk 1 State Build�,g Code Appeals Board M-10Docket Number: 01-133 Boston Street Date:mer 20,2001 North Andover,MA • Dear Mr. Farnum: The putpose of this cottrspottdtace is to deny your application for a Bnddiag Perna to add and erect two(2)11Terowave Antennas at the referred location pursuant to 780 CMR, the'State BUH29 Code—Sixth Eelhaiem,s.111.hand s.111.2. The denial is based on the applicant not compl*g wi4h zoning issues,appearing in the SPLCYAL COMMONS,as noted in the Planning Board.SpecW Pmmk dated Aptil 21, 1999, specific*,Items 1c,2a,2b,4b,5a,5cg5d,3a, Correspondence"m EkM Griffin to Atty. Francis Mum,eking the items is m dosed for your review. Thanking you for y ow cooperadou in tWS matter,I relnon�m, Yom a*, • � )% ;Cg= D.Rbbeut Nt4 Building Couwamie+e CC: Thomas UdWk Tows Counsel Heidi Grffb ,DhWw CD&S Enclosure CERTIFIED MAIL.NO. 7000 0520 00215970%S9 90ARO OF APPEALS 698-9341 ilt" •DMG 699--01 5 •CONSERVATION 698-9570 MALT11688-9540 PLANMNO 6SO-9535 DEC- -q-2001 Pc(Cqq- ^q-200 1 04 : 10 AM P. 02 r �e � ` . we Fmcr v 0.2�f08 chdm" 9�eraneyTlIQMASLa008Rs TEL(617)7274132 PAX(617)227-1734 Admlai�ascor STATE BU LIMG CODE A"EA M BOAS Date: Dw mbcr 20,2001 Name ofAppellatrt; Service Address. Mr.Benjamin Famum 3r F.aMmum Street N Andover,MA 01845 �! r' Docket rltunbm. 01-153 Map 1070 Property,AddrViSs: parcel 11,Boston Sttrxt N.Andover,MA 01845 Date of Hearltlg: Deoember 18,2001 We are plc&ged to mdose a dopy of the decision relative to the. above case wherein curtain variances f-om the State$adding Code had been requaated. Sinoerelys STATE BUILDINO CODE APPEALS BOARD 3effm Palm,Clerk CC: State Building Code Appeals Board r . Building.ofaai This cormspondence has been Imued from the Board of Building Regulations and Standards Taunton district office located at 1380 Buy Street, C•ERC Bldg,.fiaunton, MA 02780 BEC-28-2001 04: 11 AM P. 03 I1+i M" 1 Y STATE BU"ING CODE APPF"SOARU Doolodt Nwbw: 01-153 _ Date: Deoornber 20,2001 All •hwings are audio-mcorded and the audio tape (which is on file-at the office of the Board of Building Regulations and SWdards)serves as the official record of the hearing. Copies of the audio •tape ane available from the Board for a fee of$5.00 per copy. Please make requests for copies in writing • and attach a check made payable to the Commonwealth of Massachusetts for the appropriate fee. Requests may be addmnod to: Patricia A.Brennan,Program Manager State Building Code Appeals,Board MRS/Department of Public Safety P. O.Box 871 Taunton,MA 027$0 IMMM bgdag,'. All parties were duly sworn prior to offering testimony. Attendees: Benjamin 0.Franunt, Appellant BeWamin S.Frenum, Appellant's Rept five(Son) Acis A Dff una, Appellant's Representative Robert Mca ta, Municipal Building Official-Town of N.Andover Backgmad: 1n W Jester,daubed August 15,2001,Francis DiLi na,attorney for the appellant,served a D letter to'Mr.D.Robert Nicene,Building Official,Town;of N.Andover,in reference to the following Section_of 780 MAX,Sixth Edition(the State Building Code), 111.1 for property located at Parcel 11, Boston Strut,N.Andocer. A copy of said letter is made part of this decision. Relief Requested:The Appellant requested relief in the form of order to mandate the building official to take action on a building permit application for Parcel 11,Boston Street,N. Andover. Appellant: Tbe appellant'sepresentativc tesdRW that there is a proposal to construct an antenna for which a building Permit was applied for on June 22,2001,and the local Building official has not taken any action on the pmInit. 'The sppcllant's rePmSenWhve testified flan they have tried to solve the situation with different letters and aorncspondences m the building official but have not vail 8 � ed II Pre DEC-2$-2001 04 : 11 AM P. 04 STATE BUILDING CODS ALl1 BARD Do"Number.01-153 Dead: December 20,2001 Mankipal Building Ofthil: The building official was present at the hoaxing and was in opposition to the requested relief. The building official testified that he made a mistake of not writing a denial letter based on zoning issues, and will issue one immediately. The building official thought a letter from the Town stating that the conditions of the special permit were not achieved was Proper notice. Deieiaion: Following testimony,and based upon relevant information provided,Board members voted as indicated below. ❑ ........Granted [3..........Denied 0..........Rendered interpretation 30=...Granted with conditions(see below) ❑ .......Other(List action) Thewote was: XXXX............._ Majority fist My conditions,provisos,coma"or interpretive actions,if ady: The Bound ordered the Building Official to take adon forth with in Section 111.1 ofthe state building code,and issue a letter of denial based on the appellant not complying with the zoning issues. The hHowing members voted in the above manner Chairman-Maurice Pilette Alexander MacLeod tbtli Hoyle �. bE'C=28-2001 04 : 12 AM P. 05 .I 9 �k.. TATL$UIIDIIiIG.C tAPPULS HOARD Docket Number 01-153 Ddr.Leoembor 20 2001 A complete ads Watrative record is on file at dw offtc ofthe Hosed of Building Regulations and Standards. A cue OoPY attest,dated: UU Jeffrey Putnam,Clerk Any Person aggrieved by a decision of the State Building Code Appeals board may appeal to a court of oomPettnt jurisdietion in accordance with Chapter 30A, Section 14 of the Massachusetts General Laws. j TOWN OF WORMAZOOV G AGFA err AM%MATKO ro c r I"aM.MovATJL CgAM=TJM UM neo r ar, OR=CMMM ANY - art�tTae�t w cas at Twn re#mti►l�rawtz - ;ti Sccfm tear armid law S-,e BiJ1LDII+AG T Nom: DAZE ISSUED: . fl SIG MTORE ME Dale Ll PAd&== LZ AwmwoesllfapadpmvAlases so$ -SST 1,07 11 Norttf Andover, MA 01845•. J&PIII P Now" 1.3 Zas��iac L4 l&m0i*Dia�aior� vR Existing 'Cell Tower c.-AS I A 2350.1 Pisan Yasd Side Yard Rear Yazd Prow& 25 25+ 15 L7VlAw 9s�i�r3ltG�t.C�w sy �.5 Ls Mmml� ORAN> mgrs II Prima 0 _ rarr. Zen ou�ii��lantzo•. Xi Namdor Toupioao rrad,a Adaftnjws. Z Tdepbmss 3.1 Li =mi cash wim&Wwmw WmApplaibb xi Installation will beer armed by mmo Adkm v Lweisslii�ai+ar 7.ioemr�coa�iioa Sapatisoc Drrs 3.2 mad Hoew c caskaftc n p Installation will be ��,Obv-ane campmyl- A r • Fspi m"Drs 'ZQ Taiepia�s - - ire i t 1 Y� VNIMA W, i ' _J ♦ F .AM9 Owmedr`d H=bY&Cimc that the loom3cm=d imohmadon on the �and brief S n ane tree aed to the best of= nmdrs nbePains=1400aities aePal�7► _ PdIt NOW 'Nigmaom ofOwindAs= Daft Estimated cast(om)to be 1. Bwldmg-- �a) -BoddingEee 2 (b) TOW Cant of 3 F'tuniting Ccwmtractfae A— Building te t :ty 4 M=Wnical(H(HVAC) 5 Face Pro�edica� 6 Tadd (1-12+3+4+� NO cw slugs Existing Structure SIM BASEWNT tvt SLAB SIZE OF MOM 1 SPAN � � amF sass of Mm Tg15 t�Cs�g � Sm cr % MA1II33A1,CF C DAWY LS BUTf,��5�m�1�ZID L.41+ID ���{'T�3)T7D NATQIaAZ CsA3 Lll� Yy ((7�wsoructwu r } .n •fir 3 , y 0 D iti s ,ty sea description -- of Peed Wixom - Add Two Ni rgmM 2=8 OOSTBl A=ON TM DSS GROITP(C�dc 9a 3 AA=Cmbiy n A-I 13 A-2 ❑ A-3 G IA Q - A-t u A-S- Q U3 Q B Q 2a G 2B Q C Edowinow G ZC Q F F - 13 F-I Q R.2 Q • 3A Q l3 Ham Q �3 f7 . 3B C ! Il�tiot�al t I-i Q I-2 Q d Q M m rcautile Q SA Q R Q R-i ❑ A-2 Q R-3 EI S Q 3-1 Q 8.2 Q 5B Q u R Spedfr. 780 CM-132-1 =r ssnry Character not classified in amiSn_�iC us MMixed use G . Specw. - ------QTOUp $Special use u COMP'L8'n TRIS SZCnION IF X=MG BCHAMG IINDBRGtHNrG RVWVA'TIPM AMff RM AND OR CBMGR IN IISR E Use Group--------=it i l i tar- Proposed Use GrowUt i l l tY Existing Fh I and inert 780 CMR 34. K/A Proposed AAM d Ldeu 780 CMR 34. K/A BU91)MG AREA F,X73TS7Cr if Numbs of Fara or 3t000a hKieft BOSMeat levels Floor Aum Hoar(A 1296 Todd Avco TOW ' 8 Struc�uai Structatdl Plxr$awiew Yes ❑ No ❑ SZCTWN lea Owww Am&w dw- TO W COP WET . OWPMS AGENT OR ON't'Ii;ACTOR AMwU 4 pM RSG Benjamin Farnu>e ,ae tea d'�r s�jax�ao¢riy Hueby=ffiudzz myself loam an be3swf, is an=an=wb&C tw f b!►this of Daft , REV1510NSe� r� PTifllt cNAN RESIDENTIAL DISTRICT 6. - N/F 30STON HILL N/P SKI AREA INC. JOHN C. FARNUM ESTATE C/o ROBERT W.330UNN �O/� 426 FARNUM ST. eP.O. V N. ANDOVER, MA 01845 20 w RYE BEACH, N.H. 03871 Z PROJECT nllf N/F BOSTON HILL - SKI AREA INC. C/O ROBERT W. DU NN A6 E 6�, S� l� P.O. BOX 330 .11.09 1 u g'09 Ji' BOSTON HILL RYE BEACH, N.H. 03.471 N 96 OD -0, S Ae6 00 �� Aos sT9 �� NORTH ANDOVER - o?mss yrDE'iTlAL DISTRICT 6 MASSACHUSETTS 1�\$Go - E 424.2 REST �h ti6� _ q ' N/F .:._ 4� coNsuLrANrs rBENJAMIN FARNUM 397 FARNUM STREET ,Q NORTH ANDOVER. MA 01845 % PROBATE DOGUMENT/350383A4 9>j N/F y / DATED 9/26/80 y6$'5y4.5a� j�iy � Oy JOHN C.FARNUM ESTATE 426 FARNUM ST. RS�1 p1�9 S` N. ANDOVER. MA 01845 a`� 'S `�.. Y. j, ,�--cE� HES � •�0• y"'m � `�� �� s� Ilk ( 9 uro o+ Q c�9 61 N/F TRUSTEES /S 5 72 €SSEX ST. C j BEVERLY, MA. 01915 �js Otis O. J J• - Z ♦ - .ENGINEER DATE PROPOSED ANTENNAS TO BE p o� MOUNTED TO EXISTING STEEL LATTICE TOWER. SEE SHEET A2 �� �� G� .Qcipi, \ `P�. L69 5 O t j d� 21 � N F Z! ��; �� s F GRltilfAN—PEDi, INC. TRUSTEES OF PUBLIC y A c�. Cr7r151iLSIIPG IItCS sp. yo V RESERVATIONS 572 ESSEX ST. yuy scam PUT am .\ Iy 1L tS�OtiC1 BEVERLY. MA. 01915 \ CTS \t *Arse <J �� il DRAWM6 TITLETa ell�e� PROJECT GENERAL NOTES 56� yi4 1. THE WIRELESS EQUIPMENT FACILITY IS AN UNOCCUPIED SPECIALIZED PCS ,,. >3s s o PROPERTY PLAN WIRELESS FACILITY. d� �o� ,. a c�� 2. REPAIR ANY AREAS DAMAGED DURING CONSTRUCTION TO MATCH EXISTING. A L SCALE 3. KEEP GENERAL AREA CLEAN, HAZARD FREE, AND DISPOSE OF ALL DIRT, ` �i1 i" = 80' DEBRIS, RUBBISH AND REMOVE EQUIPMENT NOT SPECIFIED AS REMAINING ON THE PROPERTY. LEAVE PREMISES IN CLEAN CONDITION. i '--- — PROJECT TEAM --- DATE 01/13/99 4. CONTRACTOR TO PROVIDE SET OF AS BUILT DRAWINGS WITHIN 10 WORKING PROJ.MGR. C.J.S. DAYS OF PROJECT COMPLETION. DESIGN C.J.S. 5. FACILITY IS UNMANNED AND NOT FOR HUMAN HABITATION. HANDICAPPED a Z`s0 O\cjR\Lj 56937 5 w CHECK R.H.W. ACCESS REQUIREMENTS NOT REQUIRED. O�� � ' SSR\p\ Z04 P JOB NO. 96207_45 6. ANTENNA CONFIGURATION IS SUBJECT TO CHANGE. 6�6 N1LL 7. THE DESIGN, SPECIFICATIONS, PERFORMANCE AND LOCATION OF RADIOW y6 168 E 424.2 EQUIPMENT AND RELATED ELECTRICAL ITEMS WITHIN THE RADIO EQUIPMENT 28A1� 15 N F SHELTER ARE BY THE RADIO EQUIPMENT VENDOR. THE CONTRACTOR SHALL 5?O ;� rg MICHAEL J. AND DOROTHY A. LETEZIA sHEEr NUMBER BE RESPONSIBLE FOR COORDINATING HIS WORK WITH THE WORK OF OTHERS. AND MARY LEnzIA CALDER X855 W 8. ALL BROCHURES, OPERATING MANUALS, CATALOGS, SHOP .DRAWINGS, 45 BOSTON ST, 575'1a NSF N. ANDOVER, MA 01845 ETC. SHALL BE TURNED OVER TO OWNER AT JOB COMPLETION. FRANCIS J. DEVAN �R 213 9. CONTRACTOR SHALL COORDINATE WITH OWNER THROUGHOUT CQNSTRUCTION. AND SHARON M. DEVAN32 BOSTON HILL RD. \C� N. ANDOVER, MA 0184 \S 7 Al ONE10/20/98PLAN MAND PROM A PLAN FROM A RENTITLED "PLAN OF TIAL SITE SURVEY B LANDED�ONE BYAN DC OUGH,I HARBOUR & ASSOC. DATED 02/19/97. THE SITE IS NOT WITHIN THE 500 YEAR FLOOD PLAIN. RE SHEET 2 OF 12 - BASE_4504W. 2� °N vim• ISN w f QQAG�?� _ i IST Rai f�Po�v 2' nisN ,1 ►► � a N 1 MKT.&We t is.rti , co � �' �cf�'{�R-Cc7•tha�lcES �o?, gk��w+� rrIf •' Kc(LS n 1 S-ro, 1�11� I I . . SE C T I o�.1 ------------ X .�lTt�� �zra�rY,�1c-115 Ag3ovE I''R�oP v�s�A Mac' �1 �5 �Ic7T oxo cry 2-/ M lc-?-oA, o F02: ce DATE. �/� 'F,W H -FOW F4Z-- Jaz-rQ,l ��I -,LL D_s, MD BY, �V►slom DATE 1, a v PU!$ELLI GW-Gr--c>By. REVISION DATE Z. STRUCTUM Dolsla �lnear$ Inc. .4OT3Ea • I Eost RNac Ploca D_I-:75 NO., SKETCH NO.- Methuen,MA 01644-3518 VC12F21 976 682 1748 a_I=n'• NO., rvww.dal9lopo.com 976 682 6421 (fox) SI TL ► 1� �-° C DEI 1996 Town of North Andover ,4Oa=>f ffice of the Zoning Board of Appeals +C00j)� city Development and Services Division ;s 27 Charles Street ,,p , rs:? orth Andover,Massachusetts 01845 '�s�c„us�` �2 P 2. 3t D. Robert Nicetta Telephone(978)688-9541 Building Commissioner Fax(978)688-9542 Any appeal shall be filed Notice of Decision within(20)days after the Year 2002 date of filing of this notice in the office of the Town Clerk. Pro at: for premises located at:5 Boston Street NAME: Benjamin Farnum,397 Farnum Street HEARING(S): 8/13/02, 9/10/0.2,&10/8/02 ADDRESS: for premises located at:5 Boston Street PETITION: 2002-034 North Andover,MA 01845 TYPING DATE: 10/15/02 The North Andover Board of Appeals held a public hearing at its regular meeting on Tuesday, October 8,2002 at 7:30 PM upon the application of Benjamin Farnum,397 Farnum Street, North Andover,MA,for premises located at:5 Boston Street North Andover,MA requesting a Finding as a party aggrieved of the Building Commissioner's Decision on Building Permit#605, within the Village Residential zoning district. The following members were present: William J.Sullivan,Walter F.Soule,John M.Pallone, Scott A. Karpinski,Ellen P.McIntyre,George M.Earley,and Joseph D.LaGrasse. Upon a motion by George M.Earley and 2"d by Ellen P.McIntyre,the Board voted to DENY the Finding requested by the Party Aggrieved of the Building Commissioner's notation on Building Permit#605,dated May 17,2002 on the basis that the applicant should comply with the North Andover Planning Board's Special Permit conditions,dated April 21, 1999 and as indicated in the letter from Heidi Griffin,then Town Planner,written to Atty.Francis A.DiLuna,dated August 21, 2001. Also,for the reason that the North Andover Zoning Board of Appeals is not authorized to change the conditions of a North Andover Planning Board decision. Under the circumstances,the Board refers the petitioner back to the Planning Board for their review. Voting in favor: William J. Sullivan,Walter F.Soule,John M.Pallone,Scott A.Karpinski,and Ellen P.McIntyre. Town of North Andover Board of Ap eal \(/ William J. ullivan,Chairman Decision 2002-034. Board of Appeals 688-9541 Building 688-9545 Conservation 688-9530 Health 688-9540 Planning 688-9535 r Town of North Andover °< 40RY#i ,M Office of the Zoning Board of Appeals Community Development and Services Division 27 Charles Street °R1n0 North Andover,Massachusetts 01845 SS+�cr+u5¢t D. Robert Nicetta Telephone(978)688-9541 Building Commissioner Fax(978)688-9542 Any appeal shall be filed Modification of Decision within(20)days after the Year 2002 date of filing of this notice in the office of the Town Clerk. Property at: Boston Street NAME: Benjamin Farnum,397 Farnum Street DATE: 4/26/02 ADDRESS:for premises at: Boston Street PETITION: 2002-011 North Andover,MA 01845 HEARING(s): 3112/02 Modification hearing: 4/24102 The North Andover Board of Appeals held a meeting on Wednesday,April 24,2002 for modification of decision on Petition 2002-011,Dated 3/22/02,the application of Benjamin Farnam,397 Farnum Street for premises at: Boston Street,North Andover. The modification of decision is to change the clerical error from the words"Special Permit"to the words "BuiUngy Permit". The remainder of the decision remains in effect as written. The following members were present and voted in favor: Robert P.Ford,John M.Pallone,Ellen P. McIntyre and George M.Earley. Town of North Andover Board of Appeals, RZ P.F orgA Cha' � Decision2002-011 Modif atlm 42402 CD --t-� _ CD C--) Cr- x>r, >< CD M fV M > W BOARD OF APPEALS 688-9541 BUILDING 688.9545 CONSERVATION 688-9530 HEALTH 688-9544 PLANNING 688-9535 v Town of North Andover Of pORTil ice of the Zoning Board of Appeals p ; inity Development and Services Division i o # 27 Charles Street - -�• u OR G r P 3. 0 North Andover,Massachusetts 01845 D. Robert Nicetta Telephone(978)688-9541 Building Commissioner Fax(978)688-9542 Any appeal shall be filed Notice of Decision within(20)days after the Year 2002 date of filing of this notice in the office of the Town Clerk. Property at: Boston Street-00ANEW' NAME: Benjamin Farnum,397 Farnum Street DATE: 4/10/02 re-4w of '3/22/02 ADDRESS: for premises at: Boston Street PETITION: 2002-011 North Andover,MA 01845 HEARING(s): 3/12/02 The North Andover Board of Appeals held a public hearing at its regular meeting on Tuesday,March 12, 2002,at 7:30 PM upon the application of Benjamin Farnum,397 Farnum Street for premises at: Boston Street,North Andover,requesting a Finding as a Party Aggrieved of the Building Commissioner's Decision denying a Building Permit for the erection of two microwave antennae on an existing tower within the Village Residential zoning district. The following Board members were present: Robert P.Ford,John M Pallone,Ellen P.McIntyre,George M.Earley,&Joseph D.LaGrasse. Upon a motion made by John M.Pallone and 2nd by Ellen P.McIntyre the Board voted to GRANT the FINDING of the applicant as a Party Aggrieved of the Building Commissioner's decision and instruct the Building Commissioner to issue a Building Permit for the erection of two microwave antennae on the existing tower. Voting in favor:Robert P.Ford,John M.Pallone Ellen P.Mchityre,George M.Earley,& Joseph D.LaGrasse. The Board finds that the petitioner has satisfied the provisions of Section 10,paragraph I OA of the Zoning Bylaw and that the granting of this finding will not adversely affect the neighborhood or derogate from the intent and purpose of the Zoning Bylaw. Town of North Andover d of Appeals Ro For Actin irman Decision2002-011 revisiondelotApeeWPond ter iiB PwtNit. BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535 Town of North Andover o40RTH 4y pyo Eby tiQ Off-ice of the Zoning Board of Appeals Community Development and Services Division Heidi Griffin, Division Director 27 Charles Street CHus D. Robert Nicetta North Andover,Massachusetts 01843 Telephone(978)688-9541 Building Commissioner Fax(978)688-9342 Any appeal shall be filed Notice of Decision within(20)days after the Year 2002 date of filing of this notice in the office of the Town Clerk. Property at: Boston Street NAME: Benjamin Farnum,397 Farnum Strut DATE: 3/22/02 ADDRESS:for premises at: Boston Street PETITION: 2002-011 North Andover,MA 01845 HEARING(s): 3/12102 The North Andover Board of Appeals held a public hearing at its regular meeting on Tuesday,March 12, 2002,at 7:30 PM upon the application of Benjamin Farnum,397 Farnum Street for premises at: Boston Street,North Andover,requesting a Finding as a Party Aggrieved of the Building Commissioner's Decision denying a Special Permit for the erection of two microwave antennae on an existing tower within the Village Residential zoning district. The following Board members were present: Robert P.Ford,John M.Pallone,Ellen P.McIntyre,George M.Earley,&Joseph D.LaGrasse. Upon a motion made by John M.Pallone and T4 by Ellen P.McIntyre the Board voted to GRANT the FINDING of the applicant as a Party Aggrieved of the Building Commissioner's decision and instruct the Building Commissioner to issue a Building Permit for the erection of two microwave antennae on the existing tower. Voting in favor:Robert P.Ford,John M.Pallone,Ellen P.McIntyre,George M.Earley,& Joseph D.LaGrasse. The Board finds that the petitioner has satisfied the provisions of Section 10,paragraph 10.4 of the Zoning Bylaw and that the granting of this finding will not adversely amt the neighborhood or derogate from the intent and purpose of the Zoning Bylaw. Town of North Andover ': d afAp , Robert P.Ford,Acting Chairman N -C C-- Decision2002-011 o m G-- rTi >< CDMCDM BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9534 HEALTH 688-9540 PLANNING 60535- sV A C:) Cr PALMER & DODGE LLP One Beacon Street,Boston,MA 02108-3190 SI-M L.FORGtT TELEPHONE:(617)573-0100 (617)573-0482 FACSDAnZ:(617)227-4420 sfo%et@pLnadodge.com February 16, 1999 By Courie Amy Chongris, Clerk North Andover Planning Board 27 Charles Street North Andover,MA 01845 Re: 424/Application for Special Permit/Boston HiP R^a,�=North Andover,- �A_ Dear Amy: On behalf of AT&T Wireless Services enclosed for filing are one(1)original and two (2) copies of AT&T's Application package for Special Permit for the wireless communications facilities that AT&T Wireless proposes to construct and install on the existing lattice tower located at 5 Boston Hill Road. The Special Permit sought by the enclosed application is required under the newly approved Section 8.9 of the North Andover Zoning By-Laws- The application package consists of the following specific items: 1. One(1)original and two (2)copies of a small binder containing the actual application,detailed memorandum in support of the application,and a number of additional supporting materials,including checks for the Special Permit Project Review fee, as well as the Special Permit filing fee; and 2. Nine (9)copies(full size as well as reduced-plus one(1)additional copy simultaneously being forwarded to Town's Outside Consultant,John Chessia)of the site plans for the facilities. It is my understanding that you will transmit forthwith the enclosed Application package for Special Permit (including attached plans) to Planning Board's Town Planner, Kathleen Bradley Colwell. Accordingly, this is to respectfully request that the Board consider this application at its meeting scheduled for Thursday,March 16, 1999 of 12:00 noon.. I will call you within the next few days to confirm both that the application is complete and the exact time of the Board hearing at which the application will be considered. Thank you. Amy Chongris, Clerk -- Planning Board _ February 16, 1999 Page 2 Sincerely yours, Sheri L.Forget Legal;Assistant Enclosures cc: w/o encl.: Kathleen Bradley Colwell,Planning Board(via fax to 978-688-9542) Mr. Sam El-Khairi(via e-mail) Thomas G. Schnorr,Esq. (via e-mail) APPLICATION TO PLANNING BOARD III TOWN OF NORTH ANDOVER, MASSACHUSETTS BY AT&T WIRELESS SERVICES I� FEBRUARY 16, 1999 I Premises: 5 Boston Hill Road, North Andover, MA Materials Submitted in Support of Application 1. Application for Special Permit to North Andover Planning Board; 2. Memorandum in Support of Special Permit Application; 3. Copy of executed Lease Agreement between owner of Premises and AT&T Wireless Services.; 4. Color copies of photographs of Premises showing computer-generated depiction of existing views (3) and anticipated views(3) of wireless facilities; 5. Copy of AT&T Wireless Services' FCC License; 6. Report of RF engineer pertaining to FCC compliance of proposed facilities; 7. Copy of application to, and approval letter issued by, Massachusetts Department of Public Health with respect to proposed installation; 8. Phase I Environmental Site Assessment and NEPA Environmental Evaluation prepared by SAGE Environmental, Inc., dated as of February, 1999; 9. Copy of report of Alactronics, dated as of February 10, 1999, with respect to acoustical impact of proposed installation; 10. Report of certified Electromagnetic Compatibility engineer with respect to evaluation of signal strengths; 11. Report of certified Structural engineer regarding structural integrity of proposed facility; 12. Radius map prepared by RF engineer depicting location of pre-existing wireless facilities within one mile radius of proposed installation 13. Color transparency coverage maps, prepared by certified Radio Frequency engineer, depicting proposed site and several adjoining sites; 14. Copy of Certificate of Liability Insurance; 15. Copy of executed surety bond issued by St. Paul and Marine Insurance Company, dated as of February 11, 1999; 16. Report of civil engineer, dated as of February 9, 1998,regarding anticipated costs of removal of antennas and ancillary wireless communications equipment; 17. Copy of North Andover zoning map; 18. Certified abutters list(including postage stamps for 4 abutters listed,plus 2,times 2, per Planning Board postage policy, effective March 3, 1998); 19. Plans (19 sheets— some sheets misidentify Premises as being within an Industrial zoning district, correct zoning district of Premises being Village Residential) and drawings of proposed Wireless Communications Facility, including floor plans, elevationsandcertified plot plan signed and stamped by registered professional engineer(9 full size sets and 9 reduced sets) (one additional set forwarded to Town's Outside Consultant,John Chessia); 20. Check for Project Review fee ($2,000.00); and 21. Check for Filing fee ($100.00). �s JOYCE FSA[' dkAW TOS' CF E'RK ANDOVER Town of North Andover Planning Boarc��" i - FEB 16 lel 46 AM 'S Please type orprint clearly. AT&T Wireless PCS, acting by and through its agent, Wireless PCS, Inc., 1. Petitioner• d/b/a AT&T Wireless Services Address: •400 Blue Hill Drive, Suite 100, Westwood, MA 02090-2161 Telephone number: 781-407-4588 (Sam E1--Khairi) • 2. Owners of the Land:.(and co-applicant) : Benjamin Farnum, LLC Address: 397 Farnum Street, North Andover, MA 01845 Telephone number: (978) 682-3817 Number of years of ownership: dating back to 1800's • If applicant is not the owner, please state interest in property: Lessee 3. Request for a Special Permit under Section 8.9 of the North Andover Zoning Bylaw to install and operate, on a parcel of privately owned land at 5 Boston Hill Roz wireless communications facilities consisting of an gntenna array (to be mounted to existing steel lattice tower) and certain radio electronic and'telephone equipment (t �be installed on second floor of existing building that serves as the base of the lattice tower) . The Project is defined in further detail in the accompanying memorandum in support of this Application. • 4. Location of Property: 5 Boston Hill Road Zoning District: Villa e Residential Assessors: Map: 107C Lot Registry of Deeds: Book 9:: 1656 Page r:: *94 *See Essex County Registry of Deeds probate Document No. 350363 • 5. Existing Lot: Lot Area(Sq.Ft.): 413,384 S.F.(9.49 -Building Height: 89.2' (+65' tower) acres) Side Setbacks: 187' Street Frontage: 1,479' Front Setback: 844' Rear Setback: 443' Floor Area Ratio: .0052 Lot Coverage: less than the maximum allowable • 6. Proposed Lot (if applicable): . Lot Area(Sq.Ft.): 413,384 S.F. (9.49 acres) Building Height: 89.21 (+65' tower) Street Frontage: 1,479. Side Setbacks. ' 443' Front Setback: 844 Rear.Setback: • ® Floor Area Ratio: .0052Lot Coverage: less than the maximum allowable ■ • • 1 7.- Required Lot(as required by Zoning Bylaw).:Lot Area(Sq:Ft:): - ,000 (minimum) Building Height: exempt-preexistent structur a ._ Street Frontage, 85. (minimum) Side Setbacks: 1:5 ' (minimum) Front Setback: 25 ' (minimum) Rear Setback: 30 , (minimum) Floor Area Ratio: NtA Lot Coverage: IVA S. - Eilsting'Building(if applicable). -- ^ Ground Floor(Sq. Ft.):1099.6 S.F. _.-9 of Floors: 6 Total Sq.Ft.: 6.597.6 S.F. Height: 89.2t (+65! tower) Use: Wireless Telecommunications Type of Consuruction:reinforced concrete Equipment Facillty • 9. Proposed Building: Ground Floor(Sq. Ft.); N/A of Floors: N/A Total Sq.Ft.: N/A Height: N/A Use: N/A Type of Construction: N/A 10. Has there been a previous application for a Special Permit from the Planning Board on these premises? No . If so, when and for what type of construction? 11. Petitioner and Landowner signature(s): 46 Every application for a Special Permit shall be made on this form which is the offffcial form of the Planning Board. Every application shall be filed with the Town Clerk's Office. It shall be the responsibility of the petitioner to fiunish-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 requirements, as cited herein and in the Planning Board Rules and regulations may result in a dismissal by the Planning Board of this application as incomplete. Petitioner's Signature: Print or type name here: Thomas G. Schnorr, as attorney for AT&T Wireless Services Owner's Signature: 4z. Benjamin Farnum Print or type name here: I'I 7 a _ r PALMER & DODGE up THOMAsG.SCHNORR ONE BEACON STREET, BOSTON, MA 02108-3190 (617)573-0363 TELEPHONE:(617)573-0100 tschnorrCaVWmerdodge.com FACSIMILE:(617)227-4420 MEMORANDUM TO: North Andover Board of Appeals FROM: Thomas G. Schnorr 7d5 RE: Memorandum in Support of Application submitted on behalf of AT&T Wireless Services For Zoning Relief to Install Wireless Telecommunications Facilities (lattice-tower mounted antennas with interior equipment cabinets)on Existing Telecommunications Tower,Boston Hill,North Andover DATE: February 16, 1999 I. Introduction The applicant, AT&T Wireless PCS,Inc., acting by and through its agent Wireless PCS, Inc. d/b/a AT&T Wireless Services ("AWS"or"AT&T Wireless")is filing herewith an application with the North Andover Board of Appeals(the"Board") for the special permit and related findings and determinations required to install wireless communications facilities on an existing telecommunications tower located on Boston Hill in North Andover(the"Premises"). The special permit and findings are required under the newly enacted Section 8.9 (Wireless Services Facilities) of the North Andover Zoning Bylaw(the"Bylaw"). IL Backg ound AT&T Wireless AT&T Wireless, a wholly owned subsidiary of AT&T Corporation, is the nation's leading provider of wireless telecommunication services and operates the nation's largest digital "PCS"network. In 1995, Federal Communications Commission("FCC")issued to AWS,after a competitive bidding process,licenses to provide the next generation of wireless services called broadband"personal communications services"or"PCS"throughout five New England States (the so-called Boston"Major Trading Area"or"MTA''). PCS is a family of wireless services that includes voice,messaging and data communications. PCS is also the natural evolution of the cellular concept;but unlike most existing cellular phone systems which operate using an analog technology,PCS works on advanced digital communication technologies. Through its fully digital network,AT&T Wireless' PCS will provide, in addition to superior voice telephone service,wireless caller ID, integration of a wireless phone with an office or home phone, authentication to reduce fraud, encryption for secure calling for business in ryp g ss and law:enforcement,two.way text messaging and Y wireless data applications for transmitting telemetry/EKG and laptop computer applications such-- - as e-mail and fax. This technology,because of its ease of use,better quality and security will greatly assist emergency medical,police and fire officials as well as businesses and individuals and will better serve the public. The broadband PCS being offered by AWS is the newest entrant in wireless communications services. In 1994 the Federal Communications Commission("FCC")decided to allocate additional spectrum space on the radio frequency to broadband PCS. In the Matter of Amendment of the Commission's Rules to Establish New Personal Communications Services, GEN Docket No. 90-314, Memorandum and Order FCC 94-144(June 1994). The FCC explained that it was taking that action"to foster rapid creation of a competitive market to deliver these new mobile digital voice and data services." Broadband PCS "will provide a variety of mobile services competitive with existing cellular,paging and other land mobile services as well as new services offering communications capabilities not currently available. Issuance of the new PCS licenses is intended to enhance competition"not only on price,but also on quality and the types of new products and services"that can be offered. The FCC specifically found that"rapid deployment"and"wide-area coverage"of new PCS services are important and necessary for this new competition in the field of wireless telecommunications. AT&T Wireless has invested millions of dollars for its FCC license to provide broadband PCS in Massachusetts and elsewhere within the Boston MTA. Under the terms of its FCC license,the Federal Telecommunications Act of 1996(the"1996 Telecom Act")and the FCC's implementing regulations,AT&T Wireless has the express obligation to build out and operate a PCS network that is capable of providing PCWS services to one-third of the population of the Boston MTA by the year 2000 and to two-thirds of the population by the year 2005. To achieve that market penetration, AT&T Wireless must compete head-on and effectively with the incumbent cellular telephone services providers in Massachusetts(Cellular One and Bell Atlantic Mobile). AT&T Wireless is building out a PCS system that will be competitive with other telephone service providers in terms of both capacity and coverage. AT&T Wireless cannot compete with the existing cellular and other telephone service providers in the Boston MTA without installing the antennas and transmitters necessary to support a seamless and robust wireless network. In calendar year 1997 alone AT&T Wireless Services sited and built out over 200 radio links in Massachusetts and Rhode Island,and will be building more sites as its network needs grow. Over the course of the next few years,AT&T Wireless Services will be making a substantial investment in, and bring significant new employment opportunities to,the Massachusetts economy. PCS Radio Links Like walkie-talkies,wireless telephones work by sending and receiving low power radio signals. The wireless telephone's other"cousins"from the radio family include citizens band radios, HAM radios, police and fire radios,remote control toys,baby monitors and televisions. When someone places a call on his or her wireless telephone,the radio signal it sends is received 2 by the nearest wireless "radio link". Each radio link is equipped with transmitting and receiving antennas operating non-continuously at very low power, Once the call reaches the radio link,it is routed to a mobile switching center and finally to the public telephone network. In other words, each radio link functions much like a combination telephone exchange and relay station. As the telephone customer moves from the area covered by one radio link to a neighboring area covered by a different radio link, the original radio link will pass the signal along,without interruption,to the radio link that covers the area just entered. In this way- as long as there is a "seamless"network of available radio links-the telephone customer can stay on the phone for as long as he or she wishes and move around as much as he or she wants. Thus, to provide seamless communications services(i.e.,to prevent"dead zones"and "dropped calls") for its wireless phone customers,AWS must locate its radio links throughout the region in a patchwork-quilt-like pattern that provides complete coverage to each area being served. Since these radio links use digital radio technology characterized by low power antennas, each radio link can only serve a limited geographic area,typically one to three miles in diameter(and sometimes less) depending in large part on the neighboring topography. , The low power antennas send signals which cannot penetrate many substances,for example, concrete, hills, trees and the like. Therefore,the antennas must be located at a height sufficient to provide an unobstructed,direct, line of sight window for the area covered by the radio link. Typically antennas must be 20 to 40 feet above the surrounding hills,trees and buildings in order to achieve the "line of sight"required for clear transmission. Because low powered transmitters are an inherent characteristic of cellular radio and broadband PCS, as more subscribers are added to the system, the effective radiated power of the cell site transmitters is reduced. Channels must be reused at closer intervals to increase the subscriber capacity of the system and,therefore,more transmitting facilities are needed. Additionally,because broadband PCS operates at a higher frequency than cellular,more antenna structures are required than for other cellular services in order to provide equivalent coverage to service areas. In short, a PCS network,when fully operational,will require a number of radio links within and/or nearby towns such as North Andover at a heightwhichis 20 to 40 feet above the surrounding buildings, trees and hills. AT&T Wireless' experience to date shows that adequate service for the corridors along Routes 128, I93, I95 and I495 typically requires radio links to be located at intervals occasionally as short as one-half mile apart,but more typically 1 to 1'/2 miles apart. In an effort to minimize the number of new monopoles and new tall structures that will be needed for AWS' network,AT&T Wireless actively pursues two complementary siting policies. First, in seeking to site a particular radio link,AWS will initially attempt to site the link on top of or inside the roof top of an existing tall building or other structure, such as a church steeple, a 'For example,portable wireless telephones generally operate at six tenths of a watt(0.6 watts)or,at the maximum, l watt-about the same power as a walkie talkie. Radio links function at a maximum of 120 watts per channel. Wireless radio equipment is extremely low power compared to other familiar radio systems,such as AM,FM,and television broadcast stations which operate upwards of 50,000 watts. 3 office water t or an f e buildin T le behind fiberglass tank g. he antennas can m some cases be installed g screening or can be mounted on the facades of buildings and painted to blend into the building facade. AT&T Wireless prefers to find steeples,clock towers,buildings,signs, other tall structures- ideally those owned by nonprofit and governmental organizations-on which to install its antennas. Second,if no such tali building or other structure is available,AWS will seek a"co-location"opportunity; i.e., locating its antennas and transmitters on existing monopoles, lattice towers power transmission poles,and other telecommunications and/or radio structures. Thus wherever an existing building or structure, or an existing telecommunications facility can accommodate a proposed AWS' wireless site from both structural engineering and radio frequency engineering perspectives,AT&T Wireless will use reasonable efforts to locate or co-locate, as the case may be,on such existing facility before AWS will propose construction of a new wireless installation nearby. III. Description of the Existing Premises The Premises consist of a parcel approximately 9.45 acres in size, located off of the west , side of Route 114 and Boston Street. The Premises have been used for telecommunication purposes since the late 1950's; several pre-existing buildings and structures sit on the Premises. The pre-existing buildings include an approximately 85-foot tall concrete tower on which an approximately 62 foot tall triangular lattice-style antenna tower sits, and several smaller one story wood and steel structures. Multiple panel, whip, cone, dish and other style antennas are attached to the tower building and the lattice tower. These antennas serve the owner's lessees, including Rollins Cablevision,NYNEX,WNEV-TV,Mitre Corporation,North Andover Civil Defense, Sprint Spectrum and Omnipoint Communications. The land and structures in question have been the subject of at least six prior decisions of the Town's Zoning Board of Appeals("ZBA"). The ZBA granted a variance in 1957 to permit the construction of a structure exceeding the height limitation then in effect under the Bylaw. The use of the Premises for telecommunication towers was apparently a permitted use at that time. The present structures on the Premises were built in the late 1950's and were originally utilized for radar research and telecommunication purposes by MIT Mitre Corporation. In 1982, the ZBA issued a special permit confirming the non-conforming use of the Premises for telecommunication purposes, and permitting the owner to add antenna and transmitting dishes to the existing concrete tower not to exceed a total height of 140 feet. In February, 1984, the ZBA allowed a special permit to WNEV-TV to extend the height of the tower and antenna by 30 feet, specifically finding that this extension was within the 25%limitation on expansion of the prior non-conforming use imposed under the Bylaw. In December 1984,the ZBA allowed a special permit to NYNEX Mobile Communications, allowing NYNEX to construct an approximately 20 foot by 20 foot interior room within the existing concrete building to house NYNEX's equipment, and to attach and use five antennas on the top of the building. In approving the NYNEX special permit,the Board specifically found that"the site is in an appropriate location for the use [and] [t]he height of Boston Hill is appropriate for installation of cellular mobile equipment." Early in 1997, the ZBA granted a special permit to allow Sprint Spectrum,in connection with the buildout of Sprint's PCS network,to install up to eight antennas on the exterior of the building and radio telecommunications equipment on the inside of the second floor of the building. Later in 1997,the ZBA granted to Omnipoint Communications a special permit to allow Omnipoint to install its wireless communications antennas on the building. 4 The Premises are located in the Village Residential Zoning District under the Bylaw. IV. Description of Proposed Facilities The Wireless Facilities will consist of three elements: antennas mounted on the sides of the lattice tower; radio electronics equipment installed in an existing room on the second floor of the concrete tower building; and coaxial cables running from the antennas on the side of lattice tower and the concrete tower building that connect to the equipment via a window entry port. Each of these elements is briefly described below. Antenna s. AT&T Wireless proposes to install nine(9)panel-style antennas in three arrays (at 30°, 150° and 270°), each array to contain three antennas. Each antenna panel is approximately 4 to 5 feet tall, 6"wide and 3Y2"deep. Each array is approximately twelve feet in width. The top of the antennas will be approximately 20 feet below the top of the lattice tower. ui ment. The equipment will consist of radio transmitters and receivers,back-up battery power supply, landline telephone interconnection equipment and air conditioning , equipment). The proposed equipment room on the second floor of the concrete tower building is designed to accommodate all projected equipment needs for the site. Cable . The antennas will be connected to the equipment cabinets by coaxial cables (approximately 1%2"to 2"in diameter)that will run down the lattice tower and the side of the concrete tower building; the cables will be painted or otherwise finished to match the color of the lattice tower and the tower building. Since the top of the antennas will be approximately 20 feet below the top of the lattice tower,the regulations of the Federal Aviation Administration("FAA") do not require AT&T Wireless to notify or obtain a"no hazard"clearance from the FAA. Please see the accompanying Memorandum of Regulatory Compliance(the"Compliance Memo") for a further discussion on this point. The Wireless Facilities will comply in all respects with all federal, state and local regulations concerning radio frequency emissions. The Wireless Facilities will also satisfy the radio frequency signal regulations adopted by the Massachusetts Department of Public Health ("DPH"). Please see the accompanying Compliance Memo for a more detailed discussion of the compliance of the Wireless Facilities with applicable State and Federal Law. Copies of the submission of AT&T Wireless to, and the approval letter from,the DPH are included as part of the Application. AT&T Wireless expects the maximum power density of the radio signals from the Wireless Facilities to be approximately 1/1000th of the maximum limit permitted under DPH regulations. The Wireless Facilities willp roduce minimal noise from air conditioning equipment in the equipment cabinets, similar to the sounds made by a small residential room air conditioner. The sound levels from such air conditioning equipment is expected to be no greater than 65dB above ambient sound levels within 15 feet of the equipment,but drops to 5ldB above ambient at a distance of 60 feet. The Wireless Facilities will not produce any other noise, or any dirt,dust, glare, odor, fumes, smoke, gas, sewage, refuse, vibration or danger of explosion or fire and will 5 therefore not be detrimental or offensive to the neighborhood;nor will the Facilities pose any hazard to health or safety. Once constructed, the Wireless Facilities will be unmanned. Thus, other than periodic inspections and maintenance,AWS anticipates that the Wireless Facilities will generate no vehicular or pedestrian traffic(AWS currently estimates that routine maintenance inspections will be conducted not more frequently than once a month). V. Zoning Approvals Being.Requested AT&T Wireless respectfully requests from the Board approval under,or relief from the following provisions of the Bylaw: • Special Permit(Section 10.3)and Wireless Service Facilities(Section 8.2) Section 8.9(3)(a) of the Bylaw provides that the Board may issue a special permit for a wireless services facility use, defined in Bylaw Section 8.9(2),in any zoning district in North Andover, provided that the proposed facility satisfies all of the requirements set forth in Section 8.9. Since—as discussed below-the Wireless Facilities constitute a"wireless service facility" as defined in Section 8.9(2), satisfy the standards and criteria of Section 8.9.,and meet the general requirements of Massachusetts General Laws Chapter 40A, Section 9 and Bylaw Section 10.3.,AT&T Wireless is requesting that the Board grant such special permit to allow AWS to construct, operate and maintain the Wireless Facilities at the Premises. AT&T Wireless believes that no relief under the Bylaw is necessary other than the foregoing special permit. VI. Summary of Bylaw Requirements A. Chapter 40A,Section 9 of the Massachusetts General Laws provides that a special permit may be issued only if the Board finds: • That the proposed use is in harmony with the general purpose and intent of the Bylaw; and • That the proposed use is subject to[i.e., complies with] other general or specific provision of the Bylaw. B. Section 10.3.1 of the Bylaw provides that the Board may only issue a special permit if it determines that"(a)the specific site is an appropriate location for such use, structure or condition; (b)the use as developed will not adversely affect the neighborhood; (c)there will be no nuisance or serious hazard to vehicles or pedestrians;(d)adequate and appropriate facilities will be provided for the proper operation of the proposed use;and(c)the use is in harmony with the general purpose and intent of the Bylaw. In making those findings,the Board must give due consideration to any specific standards that the Bylaw describes as applicable to the proposed use. 6 C. Section 8.9 of the Bylaw requires that any special permit must satisfy all applicable standards and conditions set forth therein and must be issued in accordance with Section 10.3 of the Bylaw. VII. Reasons Justifying Zoning Relief To be eligible for a special permit under Section 8.9 of the Bylaw,the Wireless Facilities must constitute facilities used for"commercial or public wireless communications uses"as defined in the Federal Telecommunications Act of 1996(the"1996 Telecom Act'); and can consist of towers, antennae, antenna support structures,panels,dishes and accessory structures. The Wireless Facilities satisfy these conditions. First,the Wireless Facilities themselves consist of antennae mounted on the sides of a lattice tower and interior installed accessory equipment that will provide PCS services. Second,the 1996 Telecom Act defines"commercial mobile services,"to include personal communications services regulated under Part 24 of the FCC's rules. AT&T Wireless holds alicense from the FCC to provide"broadband personal communications services"in the Boston MTA.` A. Findings Required under Chapter 400Section 9: 1. Special Permit Finding• The Wireless Facilities are in harmony with the general ,purpose and intent of the ZoninZ Bylaw. Section 1 of the Bylaw states that the purpose of the ByLaw is to promote the health, safety, convenience, morals and welfare of the inhabitants of North Andover, as provided by Chapter 40A. Section 1 further identifies the following specific purposes of the Bylaw to include: 1. encouraging the most appropriate use of land; 2. preventing overcrowding of land; 3. conserving the value of land and buildings; 4. lessening congestion of traffic; 5. preventing undue concentration of population; 6. providing adequate light and air; 7. reducing the hazards from fire and other danger; 8. assisting in the economical provision of transportation,water,sewerage, schools, parks, and other public facilities; 9. controlling the use of bodies of water, including watercourses; 10. reducing the probability of losses resulting from floods; and 11. preserving and increasing the amenities of the Town. Permitting the installation of the Wireless Facilities will clearly promote the specific purposes of the ByLaw and the general objectives of Chapter 40A listed above: Specific P=ose How the Facilities are in Harrnonv (a) to promote health, safety and convenience; Permitting the installation of the Wireless Facilities will clearly promote the safety and convenience of the inhabitants of the Town and facilitate the provision of a valuable public resource. In particular,the installation of the Wireless Facilities will enable AWS to build its PCS network and better serve the public in accordance with the 1996 Telecom Act. The Town and its residents and businessgs will receive the benefits of the expanded scope and better quality of wireless services provided by AT&T Wireless PCS system. The wireless communications services to be delivered by AWS will increase productively, save time and lives and make communications easier for families, businesses and municipalities. Everyone in the Town benefits from wireless communication services when emergencies, automobile accidents, neighborhood watch groups and disasters are reported by wireless technology. Everyone in the Town benefits from wireless being a strong and viable back-up to the landline network and when wireless becomes the critical communications link for helping public safety and emergency relief workers coordinate information,personnel and supplies. (1) to encourage the most appropriate use of land; The Facilities have been designed to be compatible with the character of the Premises, and the Facilities will provide the Town with a valuable public resource. From a site planning perspective,co-locating the Wireless Facilities on an existing lattice telecommunications tower strikes AWS as an appropriate use of land. Indeed, siting the Facilities here furthers the explicit policy of Bylaw Section 8.9(3)(b)(i)that encourages wireless facilities to locate on pre- existent telecommunications facilities. 8 i Specific P=ose How the Facilities are in (2) to prevent overcrowding of land; and(5)undue The Wireless Facilities are a"low-density"use of concentration of population; land. Since they are unmanned,they will have no effect on overcrowding. (3) to conserve the value of land and buildings; AWS has been installing and providing wireless services across the country for many years. As a result of those years of experience,AWS can state with conviction that there exists no credible evidence that the installation of wireless facilities results in any downward pressure on property values in the affected neighborhood. That should particularly be the case for the Premises, since the Facilities are to be located on an existing lattice telecommunications tower currently occupied by other antenna users. (4) to lessen congestion of traffic; Since the Wireless Facilities will generate only one vehicle round trip per month,they will have no effect on traffic congestion on the Town's streets. (6) to provide adequate light and air; Since the Wireless Facilities are located near the top of the existing lattice tower they will have no effect whatsoever on light and air. (7) to reduce hazards from fire and other danger; The Wireless Facilities pose no increase in hazards to the neighborhood from fire, flood, panic or other dangers. The Facilities themselves contain no flammable materials (except for the radio,computer and air conditioning systems located inside the self-contained concrete equipment shelter);have been designed to withstand hurricane force winds; and are not located in a flood prone area of the Town. Indeed, in times of natural disaster and danger,a strong wireless communications infrastructure(such as AWS'PCS)becomes a strong and often life- saving back-up to the "landline"telephone network; in such times wireless becomes the critical communications link for helping public safety and emergency relief workers coordinate their efforts. 9 -_ -- _ - Specific _ _ _- - __- -- --- How the Facilities are in-____-_-- �ur��s _ _ --=--- Harmonv (8) to assist in the economical provision of The Wireless Facilities will help the Town transportation, water, sewage,schools,parking develop the wireless technology infrastructure and other public facilities; necessary for it to enter the next century and to make the Town an attractive place for residents to live and businesses to expand. (9) to control the use of bodies of water; and(10)to The Wireless Facilities are not located near any reduce the possibility of losses resulting from body of water and pose no increase whatsoever of floods; flood damage. The Facilities will cause no increase in surface water runoff in the neighborhood. The Facilities themselves are non- polluting and will utilize no potable water or sanitary sewage disposal systems. Too, the Facilities are located on top of Boston Hill, meaning the Facilities themselves will not be exposed to flood damage. (11) to preserve and increase amenities. The American Heritage Dictionary defines "amenity"as "anything that increases physical or material comfort." The Wireless Facilities will do just that. Indeed, some experts predict that 40% of all Americans will be using wireless services by the year 2005. The PCS network will enhance the ability of people in the Town to use wireless phones for telecommuting and personal and public safety. When natural disasters strike and landline telephones are knocked out,wireless becomes the communications tool of choice. 2. SSnecial Permit-Finding: The Wireless Facilities meet the other general and sneci fi reduireme its of the Bylaw. As described below and elsewhere in this memorandum,the Facilities will meet all other general and specific requirements of the Bylaw. B. Findings Rewired under Section 10.3.1 . For the reasons set forth below,AWS believes that the Wireless Facilities will support the required findings under section 10.3.1: 10 1. The specific site is an gI212M riate location,fpr such a use structure or condition The Premises is a large parcel,located off of the west side of Route 114 and Boston Street. The Premises have been used for telecommunications purposes since the late 1950's and at least seven other telecommunications users are currently co-located on the existing lattice tower. Since AWS' antennae will be mounted on the lower portion of the existing lattice tower, and its equipment installed inside the existing 85 foot tall concrete tower building on the Premises, there will be no noticeable visual impact resulting from the installation of the Wireless Facilities at the Premises. Since the Wireless Facilities are unmanned,the use of the Wireless Facilities will not cause an increase in vehicular or pedestrian traffic,other than monthly routine maintenance visits. 2. The use as developed will not advers-ely aoict the neighborhood. The Wireless Facilities are a completely passive telecommunications installation and,as , noted above, will not produce dirt, dust,glare,odor, fumes, smoke, gas,sewage, refuse,noise, vibration or danger of explosion or fire. The Wireless Facilities will effectively not be visible to passersby on Route 114 and Boston Street. Since the facilities are located below the top of the existing lattice tower, the FAA will not require any lights on the Antennas. In light of the foregoing, the Wireless Facilities will not adversely affect the neighborhood. 3. There will be no nuisance or serious hazard to vehicles or pedestrians The Premises are a large, 9.45 acre parcel,with the existing lattice tower and other structures located well back from all public ways. There is a private driveway into the Premises from Boston Street, which is blocked with a gate. Accordingly,the Wireless Facilities pose no hazard to vehicles or pedestrians on the public ways abutting the premises. See the discussion above in this memorandum regarding the fact that the Wireless Facilities will not create a nuisance. 4. Adequate and app�priate facilities will be provided-&r the proper operation of the proposed use. See the discussion above in this memorandum regarding the continuing use of the Premises as a telecommunications facility since the 1950's. 5. The Wireless Facilities are in harmony with the general purpose and intent of the By-Law. See the discussion above in this memorandum regarding the Facilities' compliance with the letter and spirit of the Bylaw. C. Standards and Conditions of Section 8.9 11 As outlined below, the Wireless Facilities meet the specific standards and conditions enumerated in Section 8.9 for the installation of a wireless service facility. 1. District Regulations. (a) Use Regulations (i) See provisions above in this Memorandum regarding the necessity of constructing the Wireless Facilities in order to provide adequate service to the public. In addition, included with the Application is a coverage map,prepared by AT&T Wireless' radio frequency engineer. At the public hearing on the Application,AT&T Wireless' RF engineer will explain how that coverage map demonstrates that unless the Facilities are sited on(or Y=near to) the Premises,the serious"coverage gap"experienced by AWS customers on Route 114 and large portions of North Andover will ' remain, and AWS will continue to be unable to provide its , subscribers with an acceptable level of service in this area. (ii) Although the Premises are being located on an existing lattice tower, this Section is not applicable, since the existing lattice tower was not erected under a special permit under Section 8.9. (iii) See the provisions elsewhere in this Memorandum providing that the proposed Facilities satisfy all of the requirements set forth in the Bylaw. (b) Location (i) To eliminate the need for an additional tower in the Town, AWS has decided to co-locate the Wireless Facilities on an existing lattice tower which has been used for telecommunications purposes since 1957. The character and integrity of the preexistent structure will be preserved. (ii) Not applicable;since the Wireless Facilities will be located on a preexistent structure. (iii) Included as part of the Application a copy of AT&T Wireless lease with the owner of the Premises, documenting AWS's legal right to install and use the proposed facility mount. (c) Dimensional Requirements (i) Height, general. The antennas to be installed by AT&T Wireless on the preexisting lattice tower will not project above the top of the existing tower, and,in fact, are to be installed approximately 20 12 feet below the top of the existing lattice tower. As noted above in this memorandum, AT&T Wireless understands that although the existing lattice tower and concrete tower exceed the Bylaw's current height restrictions,the existing structure was constructed in the 1950's with the benefit of a height variance. All electrical equipment will be installed within an existing equipment room on the second floor of the concrete tower building located at the Premises. Accordingly,the proposed installation of the Wireless Facilities will comply with the general height requirements of this subsection of the By-law. (ii) Not applicable; since the Wireless Facilities will not be ground- mounted. The Facilities will,however,include one small ground mounted HVAC condenser unit approximately 4 feet in height. (iii) Not applicable, since the Wireless Facilities are structure-mounted, not side-mounted, (iv) As noted above, there will be no increase in height of the existing structure as a result of the installation of the antennas on the . existing lattice tower. Accordingly, the installation of the antenna is exempt from the height restrictions of the Bylaw. (v) Setbacks. Pursuant to Section 8.9(3)(v)(2), since the antennas are to be installed on a preexisting structure, the setback provisions of the applicable zoning district apply. The existing facility at the Premises complies with the building setback provisions of the zoning district in which the facility is located, either as of right or as pre-existing nonconforming structures. The antennas are to be installed approximately 20 feet below the top of the existing lattice tower and the equipment will be installed inside the existing concrete tower building rather than in a separate equipment shelter. Although no "fall zone"calculation is formally included in the plans accompanying the Application,please note that the existing tower is already set back from the nearest property lines by a distance greater(but not two times greater)than the tower's height; in particular,the closest southerly property line is approximately 200 feet from the existing tower and the closest northerly property line is approximately 250 feet from the tower; all other property lines satisfy the"two-times"requirement of this Section. Since the Wireless Facilities promote the Bylaw's preference for co-location, AWS requests that the Board approve this reduced setback as contemplated by the last sentence of Section 8.9.3(c)(v)(3). Similarly,the installation of the Wireless Facilities will have no effect whatsoever on the existing building setbacks on the Premises. As the sight line representations and property plans included as part of the Application indicate, there exists no 13 habitable dwelling or business within 300 feet of the existing - ------ -----tower -- _ ------ - --- - _ --- ------ - 2. Design Standards (a) Visibility/LamoUQZC. The Premises on which the Wireless Facilities are to be installed is currently planted with vegetation which camouflages the existing lattice tower and existing concrete tower building with substantial mature tree growth and vegetation in all directions. Since the Wireless Facilities will not extend above the height of the existing lattice tower on the Premises, the existing vegetation should serve to camouflage the Wireless Facilities. Indeed the sight line representations and the computer-generated photographs of the Facilities include as part of the Application both show that the existing tree growth provides substantial screening. Since the preexistent structure is a telecommunications tower and not a commercial building, the design features and materials of the building are consistent with the installation of antennas and other types of equipment on the exterior of the building. Accordingly the Wireless Facilities will blend with the preexisting building's architecture. To the extent that any of the antennas extend above the height of the vegetation immediately ' surrounding the existing tower, they will be painted or otherwise finished to match the color of the lattice tower and the concrete tower building. Finally,there will be no separate equipment shelter, since all equipment will be installed inside the existing concrete tower building. (b) Lighting and Signage. Since the top of the antennas will be less than 20 feet above the top of the existing concrete and lattice tower structure,FAA regulations will require no obstruction marking or lighting of the Wireless Facilities.. The only sign used by AT&T Wireless Services will be limited to one needed to identify the presence of AWS in the Premises and to provide an emergency telephone number accessible 24 hours a day. At the moment, the entire Premises is surrounded by a security barrier which protects both the concrete tower building and the existing lattice tower against unauthorized climbing or other access by the public. (c) Historic Buildings. This section is not applicable, since the Premises are not located in a historic district nor do any of the existing structure constitute a historic structure. In that regard, please look at the NEPA Environmental Evaluation included as part of the Application. (d) Scenic Landscapes and Vistas. This section is not applicable, since the Premises are not located within 300 feet of a Scenic Road and the Wireless Facilities will not be located within open areas that are visible from public roads,recreational areas or residential development. As mentioned above,the Premises are currently planted heavily with vegetation and is surrounded by a substantial buffer of mature tree growth. (e) Environmental Standards. The Wireless Facilities are not located in a Wetlands Resource Area. No hazardous waste will be discharged on the site of the Wireless Facilities, and no hazardous materials are used on the site, so no containment is necessary. In that regard, please also look at the Phase I Site Assessment of the Premises included as part of the Application. Storm water runoff at the Premises will not be increased as a result of the installation of the Wireless Facilities on the existing site, since the equipment will be installed 14 inside the existing concrete tower and not in a separate equipment shelter. The Wireless Facilities will produce minimal noise from air conditioning equipment in the-equipment cabinets.- as abinets;as discussed in more detail above. As indicated by the report of the acoustic engineer included as part of the Application, the sound levels from the air conditioning equipment is expected to be no greater than 22dB,but in any event substantially below ambient levels. Accordingly,the Wireless Facilities will not generate noise in excess of 50db at ground level at the base of the building closest to the antenna. (f) SQ&tv Standards. As indicated by the report of AT&T Wireless' RF engineer included as part of the Application, all equipment proposed for the Wireless Facilities has been authorized by the FCC Guidelines for Evaluating the Environmental Effect of Radio Frequency Radiation or some other applicable FCC guideline and regulation. Included as part of the Application is a certification by a structural engineer that the existing lattice tower and concrete tower building are both structurally sound and sufficient for the installation of the proposed Wireless Facilities. 3. Application Procedures. (a) The applicant is aware that the Special Permit Granting Authority ("SPGA") for Wireless Facilities is the Planning Board of the Town of North Andover. (b) A preapplication conference took place on the evening of Tuesday, January 19, 1999 to discuss the proposed Wireless Facilities in general terms and to clarify the filing requirements. (c) Prior to the preapplication conference AT&T Wireless' attorney met with the Planning Director and delivered to the SPGA a set of plans indicating the location, scale and general design of the proposed Wireless Facilities. (d) AT&T Wireless believes that the Application and all supporting plans and materials submitted as part of the Application(including this Memorandum and the Compliance Memo) substantially and materially comply with all of Section 8.9's technical General Filing Requirements, Location Filing Requirements, Siting Filing Requirements, Site Lines and Photographs as described in the Bylaw,Design Filing(including the measurement by a qualified engineer of pre-existing radio frequency emissions from the Premises and an analysis of the additive effect of the wireless Facilities)Requirements,Noise Filing Requirements,Radio Frequency Radiation Filing Requirements and Federal Environmental Filing Requirements. The accompanying Compliance Memo certifies to AWS' compliance with FCC,FAA,DPH and other federal and state regulations and requirements. 4. Co-location. As indicated above,the Wireless Facilities are to be co-located on an existing lattice towerand existing concrete tower building. Accordingly,the requirements of this Section of the Bylaw have been satisfied. 5. Modifications. Not applicable since the Application is for a new special permit. 6. Monitoring and Maintenance. AT&T Wireless will maintain the Wireless Facilities in good order and repair. AT&T Wireless currently estimates that the facilities will be 15 inspected approximately once each month. AT&T will comply with the RFR filing requirements and noise standards requirements of the Bylaw and will submit the evidence of the necessary measurements to the SPGA within ninety days after the Wireless Facilities are in operation, and annually thereafter. 7. Abandonment or Discontinuation of Use. AT&T Wireless will comply with the requirements of this Section of the Bylaw,in the event that AT&T Wireless ever elects to abandon or discontinue operation of the Wireless Facilities at the Premises,by removing its antennas and mounts from the existing lattice tower and by removing its equipment from within the existing concrete tower building. AT&T agrees that it will remove the Wireless Facilities within 90 days after use of the Facilities for FCC licensed wireless communications purposes ceases at the Premises. In that regard,please note that the lease between AT&T Wireless and the owner of the Premises requires AWS to remove the facilities upon termination of the lease. In addition, included as part of the Application is a propose bond to the Town of North Andover to cover the cost of removal of the Wireless Facilities from the existing lattice tower and existing concrete tower building,together with a report of a civil engineer certifying the removal costs. 8. Reconstruction or Replacement of Existing Towers and Monopoles. This section is not applicable, as AT&T is not constructing,its own tower or monopole for the installation of the Wireless Facilities, but is co-locating its Wireless Facilities on an existing lattice tower. 9. Performance Guarantees. AT&T shall maintain insurance in a reasonable amount to be determined and approved by the SPGA, and will deliver annual proof of said insurance to the SPGA. If required by the Board,AT&T will post a bond into escrow in an amount sufficient to cover the cost of the maintenance of the Facilities. AT&T will deliver an annual certification demonstrating continuing compliance with the standards of the FCC,the FAA and the American National'Standards Institute to the SPGA. 10. Term of Special Permit. AT&T acknowledges that any special permit issued for the Wireless Facilities will be valid for three years, and may be renewed as set forth in more detail in this Section of the Bylaw. VIII. Conclusion As discussed above, the Wireless Facilities are in harmony with the general intent and purposes of the By-Law. For reasons described elsewhere in this memorandum,AWS believes the Wireless Facilities will have no appreciable adverse effect whatsoever on the Premises or surrounding neighborhood,particularly when the minimal visual effect of the Facilities is compared to the benefits that will flow to the Town,neighborhood and region as a result of the buildout by AWS of its PCS network in this region. Permitting the installation of the Wireless Facilities will clearly promote the safety and convenience of, and be in the best interests of the inhabitants of the Town of North Andover and facilitate the provision of a valuable public resource. In particular,the installation of the Wireless Facilities will enable AWS to build its PCS network and better serve the public in accordance with the Federal Telecommunications Act of 1996. North Andover and its residents and businesses will receive the benefits of the expanded scope and better quality of wireless services provided by AT&T Wireless PCS system. 16 1 As discussed above,the Wireless Facilities are in harmony with the general purpose and intent of the By-Law and the Wireless Facilities themselves meet or otherwise comply with the applicable - conditions, requirements and findings for issuance of a special permit under Section 8.9. For the reasons herein stated, AWS respectfully requests that the special permit be granted. 17 PALMER & DODGE LLP THOMAS G.SCHNORR - - -ONE BEACON STREET,-BOSTON,-MA 02108-3190 -. - -- - - - - (617)573-0363 TELEPHONE:(617)573-0100 tschnorr@palmerdodge.com FAcSimim(617)2274420' MEMORANDUM of REGULATORY COMPLIANCE TO: North Andover Board of Appeal FROM: Thomas G. Schnorr 7,1 RE: Compliance with Federal and State Regulations Applicable to Proposed Wireless ' Telecommunications Facilities(North Andover(lattice-tower mounted antennas with interior equipment cabinets)on premises located at Boston Hill,North Andover DATE: February 16, 1999 By application dated on or about the date hereof, AT&T Wireless PCS, Inc.,acting by and through its agent Wireless PCS,Inc. d/b/a AT&T Wireless Services,has applied to the North Andover Board of Appeal(the`Board") for the special permit and findings necessary to install and operate wireless telecommunications facilities(the"Wireless Facilities")on an existing telecommunications tower located on Boston Hill in North Andover(the"Premises'). The special permit and findings sought by the Application are required under the recently enacted Section 8.9 of the Zoning Bylaw(the"Bylaw")of the Town of North Andover. This memorandum is submitted to satisfy the requirements of Sections 8.9(4) and(5)of the Bylaw. In particular, as attorney for and on behalf of AT&T Wireless, I hereby certify to the Board that AT&T Wireless has complied fully with,and upon the construction and operation of the Wireless Facilities as described in the Application, the Wireless Facilities will be compliance with, all federal and state regulations,applicable to the Wireless Facilities. Set forth below in this memorandum is a brief description of the several state and federal licenses and approvals necessary for the lawful construction and operation of the Wireless Facilities and an explanation of how the Wireless Facilities comply with or are exempt from such regulations. FEDERAL LICENSES AND APPROVALS • FCC License. On June 23, 1995,the Federal Communications Commission("FCC") issued to AT&T Wireless PCS,Inc. [a Delaware corporation that does business under the trade name AT&T Wireless Services] a license to provide so-called broadband personal communications services ("PCS Services")on Channel Block A(the 1850 MHz- 1865 MHz and 1930 MHz- 1945 MHz bandwidths)in the Boston-Providence market. A copy of that license is included as a part of the Application. Under FCC regulations and the terms of that license, AT&T Wireless is considered to be a provider of so-called"commercial mobile radio services" ("CMRS") and"personal wireless services."' • FAA No Hazard Clearance/FCC Antenna Stn�cture Registration. The regulations of the FCC at 47 C.F.R. Part 17 (which govern the construction of antenna structures)provide that the owner of any proposed antenna structure(defined to include not only the actual antennas,but also the tower, pole or other supporting structure on which the antennas are mounted)must- prior to construction thereof- give prior notice of construction of such antenna structure to the Federal Aviation Administration("FAA") and the FAA must have issued a"no hazard" clearance determination for the structure. The FAA's companion regulations at 14 C.F.R, Part 77 lay out the technical standards used by the FAA to determine whether a proposed structure would be an obstruction that poses a hazard to air navigation. Prior to construction of any such antenna structure, but after receipt of the FAA's"no hazard"clearance,the owner must register the antenna structure with the FCC. Part 17 of the FCC's regulations,however,expressly exempts from the FCC registration requirements and such FAA notice and clearance requirements (i) any antenna structure that extends a height of less than 20 feet above the existing landscape or the top of an existing building or non-antenna structure and(ii)any antenna structure less than 200 feet in height above ground level so long as the antenna site is more than 6.1 kilometers [approximately 3.8 miles] away from an airport having a runway longer than 3,200 feet or more than 3.05 kilometers [approximately 1.9 miles] away from an airport having a runway less than 3,200 feet. Each of the three airports nearest to the Premises-Logan Airport, Lawrence Municipal Airport and Hanscom Field=is more than four miles away. In other words,both FCC and FAA regulations expressly exempt a federally-licensed provider of PCS Services from the requirement of any prior filing, approval or clearance for the construction and operation of two different categories of antenna structures: those less than 200 feet above ground level that are not located near airports and those structures that do not exceed a height of 20 feet above the existing landscape or an existing building? The antennas that AT&T Wireless intends to install on the existing lattice tower at the Premises meet both of those independent tests. The Antennas are approximately 135 feet above ground level; and they are approximately 20 feet below the existing height of the lattice tower on the site. Thus the t 47 U.S.C. §332(c)(7)(C)(i)specifically defines"personal wireless services"to include commercial mobile services. Commercial mobile services are further defined in the FCC rules to include PCS Services regulated under Part 24 of the FCC's rules. Z See, e.g.FCC Fact Sheet(April 23, 1996),and the World Wide Web at http://www.fcc.gov/wtb/wirehome.html. -2- proposed AT&T Wireless' antennas at the Boston Hill location are exempt from the FAA no hazard clearance determination and the FCC antenna structure registration requirements.------------- • National Environmental Protection Policy Act f` A"). NEPA requires all agencies of the federal government to prepare an"environmental impact statement"with respect to"major federal actions significantly affecting the quality of the human environment". The only federal permits, approvals or other federal actions in connection with the Wireless Facilities are the FCC license described above. Pursuant to the FCC's regulations at 47 C.F.R. §1.1306,all actions of the FCC (such as issuing a PCS license to AT&T Wireless) are categorically excluded from the requirements of NEPA unless the FCC action or the site of a FCC-licensed activity involves one of the sites or activities identified in the regulations as requiring a NEPA environmental assessment to be performed under the FCC's regulations. As attorney for and on behalf of AT&T Wireless, I certify that the Wireless Facilities do not involve any of the sites or activities that would require a NEPA environmental assessment to be performed. Thus,the construction and operation of the Wireless Facilities do not require the filing of an environmental assessment or any other filing, review or approval under NEPA. The conclusion is confirmed in the NEPA Environmental Evaluation included as part of the Application. MASSACHUSETTS LICENSES AND PERMITS - DPH Approval. The regulations of Massachusetts Department of Public Health ("DPH") at 105 C.M.R. Part 122.000 provide that any person who operates a facility or equipment that generates electromagnetic fields in the frequency range of 300 kHz to 100 GHz must - prior to operating the facility or equipment-notify the DPH and obtain its approval under §122.021.4 Copies of AT&T Wireless' application to and approval letter from the DPH for the Wireless Facilities are included as part of the Application. • DTE License. Massachusetts General Laws Chapter 159 confers on the Massachusetts Department of Telecommunications and Energy("DTE") [formerly known as the Department of Public Utilities ("DPU")]jurisdiction and control over, and the authority to supervise and regulate, "common carriers"having business within the Commonwealth. Section 12(b)of Chapter 159 defines common carrier to include,among other things, corporations that transmit intelligence by means of telephone lines"or any other method or system of communication." In 1973 CMRS providers became explicitly subject to the DPU's jurisdiction when Sections 12A through 12D were added to Chapter 159. Among other things,those sections 3 These sites or activities are: (x)one of the environmentally sensitive site locations listed in 47 C.F.R. §1.1307(a)(i)(7);(y)high intensity white lights located within a residential neighborhood;or(z)if the FCC licensed facilities would emit radio frequency power in excess of the power output limits set forth in§1.1310. 4 Section 704 of the Federal Telecommunications Act of 1996(the"1996 Telecom Act")expressly preempts state and local governments from exercising any regulatory authority over the radio frequency emissions of FCC-licensed PCS carriers so long as the PCS license complies with the FCC's radio frequency regulations. Notwithstanding that federal preemption,AT&T Wireless has voluntarily adopted the policy of notifying and obtaining the approval of the DPH under§122.021 for each of its wireless communications facilities located in Massachusetts. -3- required every CMRS provider to obtain from the DPU a"certificate of public convenience and - necessity"before the provider could lawfully engage in the business of providing mobile -- telephone services in Massachusetts. That DPU licensing requirement remained in effect until it was preempted by enactment of the Federal Omnibus Budget Reconciliation Act of 1993,5 which prevents the DPU from exercising its authority under Chapter 159 to require CMRS providers such as AT&T Wireless to obtain a license or satisfy any other DPU requirements before being able to operate lawfully within Massachusetts.6 The interplay of Chapter 159 and the 1993 Federal Budget Act thus has created two categories of CMRS providers in Massachusetts. The first category consists of all CMRS providers who entered the Massachusetts mobile telephone service business prior to adoption of the 1993 Federal Budget Act and who obtained the then required certificate of convenience and necessity from the DPU; this category of"DPU-licensed"CMRS providers includes, for example, the incumbent cellular telephone companies, such as Cellular One and Bell Atlantic Mobile. The second category consists of all CMRS providers-particularly the new PCS Service providers such as AT&T Wireless-who have entered Massachusetts after 1993 and who did not obtain a certificate of convenience and necessity from the DPU. Although the older CMRS providers are technically DPU-licensed and the new CMRS providers are not,both categgries are still considered common carriers subject to the same degree of control, supervision and regulation by the DTE- - Massachusetts Aeronautica Commission. The Massachusetts Aeronautics Commission ("MAC") regulates the location and height of structures that may obstruct the safe flight of aircraft in the navigable air space within the Commonwealth. In particular,Massachusetts General Laws Chapter 90, Section 35B requires a permit from the MAC for the construction, or the increase in height of, any structure(a)located within the rectangular area lying 1500 feet on either side of the centerline of an airport runway/landing strip and extending for a distance of two 5 In particular,Section 6002 expressly prohibited state and local governments from exercising any authority to regulate the entry of any CMRS provider into such state or locality or the rates charged by such provider. To ensure that mobile radio services would nevertheless remain a regulated industry,the 1993 Budget Act also required CMRS providers to be treated as"common carriers"under the Federal Telecommunications Act of 1934 and thereby subject to regulation by the FCC. Congress took these actions in 1993 to further the policy of fostering"the growth and development of mobile services that,by their nature,operate without regard to state lines as an integral part of the natural telecommunications infrastructure";and to eliminate the disparate federal,state and local regulatory hurdles that were impeding the entry of CMRS providers into local markets,thereby interfering with the federal goal of advancing a"seamless national network"of telecommunication services. 6 But Section 6002 further stipulates that nothing in the 1993 Budget Act would preclude or preempt states from regulating other terms and conditions of commercial mobile radio services. In other words,although AT&T Wireless does not need a"license"from the DPU to provide its PCS services in Massachusetts,AT&T Wireless nevertheless remains subject to the authority of the DPU to regulate other terms and conditions of the services provided by AT&T Wireless. 'Indeed,due to the 1993 Federal Budget Act's preemption of the DPU's licensing authority,arguably the DPU could not have issued such certificates(licenses)to these"new"entrants to the wireless telephone market in Massachusetts even if the"new"wireless carriers had applied for certificates. -4- miles from the end of such runway(landing strip and(b)having a height more than 150 feet above the level of such runway/landing strip.$ As discussed above with respect to FAA compliance matters, the proposed AT&T Wireless' antennas at the Boston Hill location are not only well below the height limitation that would trigger a permit requirement,but also not located within two miles of any airport. As a result,the AT&T Wireless' antennas are exempt from the MAC's permit requirements. • Massachusetts Environmentalficy�t(�VI'[.E_PA'1. MEPA requires state agencies, boards and authorities involved in the permitting, licensing or financing of certain private projects to evaluate such projects and recommend what,if any,mitigation measures shall be taken to avoid or minimize damage to the environment. As discussed above,the only state agency approval obtained(or required to be obtained)by AT&T Wireless for the Wireless Facilities is the approval of the Massachusetts DPH's Radiation Control Program described above. Even though such"state action"is involved in the Wireless Facilities, as attorney for and on behalf of AT&T Wireless, I certify that the construction and operation of the Wireless Facilities do not exceed any of the categorical inclusion thresholds set forth in the MEPA regulations that require the filing of an Environmental Notification Form or any other review or approval under MEPA. a Such 150 foot height limitation is reduced for structures located within 3000feet of the end of the runway/landing strip. See also 720 C.M.R.Part 2.00 for the MAC's regulations,including those with respect to fixed obstructions in the vicinity of airports/landing strips. PROPERTY: Five Boston Hill Road CELL ID#: E-424.2 N.Andover,MA [ABOVE FOR TENANT USE ONLY] THIS LEASE AGREEMENT ("Lease"), dated as of the date below, is entered into by B. FARNUM, LLC, a Massachusetts Limited Liability Company,.with a Tax ID# of C� having its principal office/residing at 397 Farnum Street,North Andover,_Massachusetts 01845 ("hereinafter referred to as "Landlord")and AT&T WIRELESS PCS, INC., a Delaware corporation, by and through its agent, WIRELESS PCS, INC., a Delaware corporation, d/b/a AT&T WIRELESS SERVICES,having an office at 15 East Midland Avenue, Paramus, New Jersey 07652(hereinafter referred to as "Tenant"). BACKGROUND Whereas,Landlord leases certain property and improvements,including a structure,located at 5 Boston Hill Road, North Andover,Massachusetts 01845;Deed Recorded in Massachusetts North Essex Registry of Deeds,Book 1656,Page 94(See Essex Probate No.350363)_(collectively,"Property"). Tenant desires to use a portion of the Property as described below for an Antenna Facility(defined below)in connection with its federally licensed wireless communications business. Whereas, Landlord has the right, under a certain lease and an Owner's Consent form attached hereto as Exhibit 6, between Benjamin Farnum, an Individual as Lessor("Owner"), and Landlord, as Lessee, dated November 20, 1998, ("Overlease") for a term expiring on November 20,2048, to sublease that portion of the Property to Tenant as described below. NOW THEREFORE,the parties agree as follows: 1. LEASE OF PREMISES. Landlord leases to Tenant portions of the Property consisting of (a) a room/cabinet space of approximately 400 square feet and(b) space on the structure and such easements as are necessary for the antennas and initial installation as described on attached Exhibit1 (collectively, "Premises"), together with unrestricted access for Tenant's uses from the nearest public right-of-way along the Property. 2. USE. (a) Tenant may use the Premises to construct,install,operate,maintain, repair,replace,protect and secure, its radio fixtures and related equipment, cables, accessories and improvements (collectively, the "Antenna Facility"). Tenant is entitled to install on the structure up to nine(9)antennas,and any other accessories appropriate to the successful and secure operation of the Antenna Facility. Landlord's execution of this Lease shall signify Landlord's approval of Exhibit 1 and the location of the Premises(including initial antenna space,if less than the maximum allowed). Landlord also grants to Tenant rights to (i) install and operate transmission cables from the equipment to the antennas, electric lines from the main feed to the equipment, and telephone lines from the main telephone entry point to the equipment; and (ii) erect, construct or make Property improvements, alterations or additions ("Tenant Installation") appropriate for Tenant's use. Tenant's Installation, if permitted by law, may include enclosing or sheltering equipment, capping or modifying any sprinkler system in the equipment space, adding HVAC, and storing sealed batteries in the equipment room/cabinet, on the structure, or at another location mutually agreed upon by the parties. All portions of the Antenna Facility brought onto the Property by Tenant will be and remain Tenant's personal property and, at Tenant's option,may be removed by Tenant at any time during the Term. Tenant agrees to comply with all applicable governmental laws,rules, statutes and regulations, relating to its use of the Antenna Facility on the Property. (b) Landlord will allow Tenant to make reasonably appropriate alterations to the Property in order to accomplish Tenant's Installation in accordance with plans and specifications("Plans") to be submitted to Landlord for review and approval. Landlord's approval will not be unreasonably withheld or delayed(and in no event delayed beyond fifteen(15)days). After Landlord's(i)acceptance of any Plans;or(ii)failure to respond in writing to Tenant's proposed Plans within fifteen(15)days of their receipt;or(iii)failure to provide a written response within five(5)days of receipt of Plans revised by Tenant after comment from Landlord in accordance with this paragraph, the Plans will be deemed approved. After approval, the Plans will be considered incorporated in the Lease as Exhibit 2. In the event Landlord disapproves of Tenant's Plans upon a second (2nd) submission, Tenant may terminate this Lease. Any subsequent Tenant's changes to the Premises or the Property, except for the number of antennas and Tenant's changes regarding t 11/17/98 CAW INDOwSWEMPWaratan.doe routine maintenance, will require the same approval process,provided,Tenant may not terminate this Lease if Landlord's failure to approve subsequently proposed changes is not unreasonable. Notwithstanding the above, in the event Landlord requests changes from the approved Plans and such changes are not for the purpose of compliance with governmental rules or regulations, Landlord will pay for the costs of such changes. Landlord agrees that all Plans are and will remain the sole property of Tenant and will be treated as confidential trade secret material of Tenant. Landlord will not knowingly permit or suffer any person to copy or utilize the Plans for any purpose other than as provided in this Lease and will return the Plans to Tenant promptly upon request. 3. TERM. Subject to Paragraph 5 below,the initial Lease term will be five (5) years, commencing upon the later of(i) when the lease contingency in Paragraph 5 below is satisfied or waived and a building permit issued or(ii) the date Tenant begins construction of the Antenna Facility ("Commencement Date"), provided, notwithstanding the foregoing,unless Tenant gives Landlord written notice by April 15, 1999 that Tenant has chosen not to proceed with the Lease, the Commencement Date shall be no later than May 1, 1999. In the event that Tenant chooses not to proceed, the Lease will terminate and be null and void and no monies willbeowed to Landlord. The Term, which will include the initial term and any exercised renewal term(s),("Term")will terminate on the last day of the month in which the fifth(5h) anniversary of the Commencement Date occurs. Tenant may terminate the Lease for any or no reason at any time provided:(i)Tenant gives written notice to Landlord of such termination; (ii)the notice sets forth a termination date which is at least 30 days after the date the notice is sent; (iii) Tenant includes with such notice a payment of any unpaid rent including rent to the termination date; and(iv) Tenant includes with such notice a payment to Landlord equal to six (6) months of the then applicable rent. In the case of a casualty or an eminent domain taking that renders the Premises unsuitable for Tenant's purposes, the Lease will terminate and Tenant will owe rent only to the date of the casualty or taking. Tenant will have the option of renewing this Lease for three(3)successive periods of five(5)years each,upon the same terms and conditions which were in effect during the initial term. This Lease will automatically renew for each renewal period unless,at least sixty(60)days prior to the termination of the then-existing period,Tenant notifies Landlord of its intention not to permit the Lease to renew. If Tenant provides Landlord with such notice,the Term(s)then remaining will be rendered null and void and this Lease will terminate at the end of the then-current period. 4. RENT. Commencing on the Commencement Date,Tenant will pay Landlord,by the fifth(51)calendar day of the month,monthly rent in advance of$2,150.00,pro rated for any partial month(s)("Rent"). Rent will be payable to Landlord at the address set forth above.The annual rent for year 2 and each succeeding year throughout the initial term and any exercised option terms, shall be the greater of the previous year's rent increased by 4% of such rent or the amount calculated by a formula as follows: New Rent = (original rent) + ((IR-IL)/IL x original rent) Definitions: IR is the Consumer Price Index for the month preceding by sixty (60) days the month in which the new rent is due to be increased. IL is the Consumer Price Index for the month immediately preceding by sixty (60) days the month in which is found the Commencement Date. "Consumer Price Index" shall mean the Consumer Price Index published by the Bureau of Labor Statistics of the United States Department of Labor for Urban Wage Earners and Clerical Workers for All Items for the Boston, MA area, or shall mean the successor thereto. In the event the Consumer Price Index is converted to a different standard reference base or otherwise revised, the determination of New Rent shall be made with the use of such conversion factor, formula or table for converting the Consumer Price Index as may be published by the Bureau of Labor Statistics, or if the Bureau should fail to publish same, then with the use of such conversion factor, formula or table for converting the Consumer Price Index as may be published by Prentice Hall, Inc., or any other nationally recognized publisher of similar statistical information. If the Consumer Price Index ceases to be published and there is no successor thereto, such other index as Landlord and CTC may agree upon shall be substituted for the Consumer Price Index. If they are unable to agree, then such matter shall be submitted to arbitration. 5. APPROVALS CONTINGENCY. (a) Landlord agrees that Tenant's ability to use the Premises is contingent upon Tenant's ability to obtain all governmental licenses, permits, approvals or other relief required of or deemed 2 11/17/98 CAW1ND0WS\TEMP\ amum.doc necessary or appropriate by Tenant for its use of the Premises as depicted in Exhibit 1 including without limitation applications for zoning variances, zoning ordinances, amendments, special use, permits, and construction permits (collectively referred to as "Governmental Approvals"). Tenant will have the right, without obligation, to appeal any denial of Governmental Approvals. Landlord specifically authorizes Tenant to prepare, execute and file all necessary or appropriate applications to obtain Governmental Approvals for its use under this.Lease. If this contingency is not satisfied or expressly waived by Tenant in writing, and if Tenant has diligently attempted to secure such Governmental Approvals, then Tenant will have the right,without obligation to cancel this Lease Agreement and render it null and void upon written notice to Landlord given by Tenant prior to the Commencement Date. (b) Tenant has the right to obtain a title report or commitment fora leasehold title policy from a title insurance company of its choice. If,in the opinion of the Tenant,such title report shows any defects of title or any liens or encumbrances which will adversely affect Tenant's use of the Premises,then Tenant will have the right to cancel this Lease Agreement and render it null and void upon written notice to the Landlord given by Tenantpriorto the Commencement Date. Tenant has the right to have the Property surveyed,and,in the event that any defects are shown by the survey which, in the opinion of Tenant, may adversely affect Tenant's use of the Premises,then Tenant will have the right to cancel this Lease Agreement and render it null and void upon written notice to the Landlord given by Tenant prior to the Commencement Date. (c) Tenant may also obtain, prior to the Commencement Date, at Tenant's own expense, soil boring,percolation or other tests or reports on the Premises as are deemed appropriate by Tenant to determine the physical characteristics and conditions thereof. Any such tests or reports must indicate, to Tenant's absolute satisfaction, that the Premises are suitable for Tenant's use. If, in Tenant's sole discretion,the Premises are not suitable for Tenant's use,then' Tenant will have the right to cancel°this Lease Agreement upon giving written notice to Landlord prior to the Commencement Date.. 6. INTERFERENCE. (a) Based upon the information provided by Landlord in the attached Exhibit 3, Tenant has evaluated the possibility of interference from or to the existing wireless communication uses on the Property and Tenant's Antenna Facility. Tenant has determined that no such interference should occur if these existing other uses and Tenant's Antenna Facility are properly and lawfully installed and operated. If any interference is caused by Landlord or anyone now or in the future holding a property interest from or under Landlord due to improper or unlawful operation of existing communications equipment or any subsequent change or addition of equipment or improvements by Landlord or any such holder on the Property,Landlord agrees to eliminate same in a prompt and timely manner. If such interference by Landlord or other holder, or interference by Tenant's Antenna Facility with existing wireless communications equipment, cannot be eliminated within a reasonable length of time,but not to exceed thirty(30)days after notice thereof,Landlord or Tenant, as the case may be, will cause the interference to cease except for brief tests necessary for the elimination of the interference. (b) Landlord warrants that any subsequent or contemporaneous leases or agreements with Landlord on the Property will contain a provision,which may be comparable to this Paragraph 6,that the other party will not interfere with Tenant's operation on the Property. 7. INSURANCE. (a) Tenant will carry during the Term, 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 commercial general liability endorsement having a minimum limit of liability of$2,500,000 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. (b) Tenant will name the Landlord as an additional insured under its general liability policy and loss payee under its property policy. Tenant will require its insurance company to endeavor to give at least thirty(30) days prior written notice of termination or cancellation of the policy to the additional insured, except for termination or cancellation for non-payment of premium, which notice will be fifteen(15)days. Such endorsement will be delivered to the additional insured within thirty(30)days from the execution of this Lease. (c) Notwithstanding anything in this Lease,with respect to all loss,damage,or destruction to the insured party's property (including rental value and business interruption) occurring during the term of this Lease, each of Landlord and Tenant hereby releases and waives all claims against the other party, and each of the other party's, 3 11/17/98 C W1NDOW,S\TF,MPVFarnum.doc employees, agents, officers, and directors. Landlord and Tenant will make a reasonable effort to include in their property insurance policy or policies a waiver of subrogation provision whereby any such release does not adversely affect such policies or prejudice any right of the insured party to recover thereunder. Each party's insurance will include such a provision so long as it is obtainable without extra cost,or if extra cost is charged,so long as the party for whose benefit the clause or endorsement is obtained pays such cost. Each party will advise the other of the amount of any extra cost charged, and the other party may elect whether to pay same. 8. TENANT'S WARRANTIES. Tenant represents and warrants that it will not cause or permit to occur: (i) any violation of any environmental Laws (as defined below),related to environmental conditions on, under, or about the Premises, arising from Tenant's use or occupancy of the Premises, including, but not limited to, soil and groundwater conditions; or (ii) the use, generation, release, manufacturing, refining, production, processing, storage, or disposal of any Hazardous Materials(as defined below)on,under,or about the Premises,or the transportation to or from the Premises of any Hazardous Materials, except for the use of sealed batteries for emergency back-up, any fire suppression system and small quantities of cleaning products ordinarily used by commercial businesses. Tenant will be responsible for compliance with all Hazardous Materials Laws (including for any required clean- up) pertaining to its operation on the Property and Tenant will defend, indemnify.and hold harmless Landlord from and against any and all direct liabilities, damages, losses, costs, assessments, penalties, fines, expenses and fees, including reasonable legal fees,to the extent of Tenant's obligations to comply with or breach of, this Paragraph 8. This indemnity specifically includes reasonable costs, expenses and fees incurred by Landlord in connection with any investigation of Property conditions or clean-up, removal or restoration of the Property related to Hazardous Materials of Tenant required by any governmental authority. This indemnification will survive the expiration or earlier termination of this Lease. 9. LANDLORD'S WARRANTIES. Landlord warrants that: (i) Landlord leases the Property and has rights of access thereto; (ii) Landlord has full right to make and perform this Lease; and (iii) the attached Schedule A signed by Landlord and dated September 23, 1998 describing hazardous materials on the Property is true and accurate. Landlord covenants and agrees with Tenant that upon Tenant paying the Rent and observing and performing all the terms, covenants and conditions on Tenant's part to be observed and performed, Tenant may peacefully and quietly enjoy the Premises. Landlord will indemnify and hold harmless Tenant from and against any and all liabilities, damages, losses, costs, and assessments, penalties, fines,expenses and fees,including reasonable legal fees,arising from Landlord's breach of the above warranties and covenant or from any Hazardous Materials (as defined hereinafter) generated by Landlord on the Property or from any Hazardous Materials known to Landlord at the time of the Landlord's signing of this Lease, including any Hazardous Materials listed in Schedule A, where "Hazardous Materials" shall mean hazardous substances or hazardous wastes, products or pollutants as defined and regulated under any applicable laws, rules or regulation, including the Comprehensive Environmental,Response, Compensation and Liability Act(42 U.S.0 Sec. 9601 et. sea), the applicable state law, or any modifications or amendment to any such law. This indemnification will survive the expiration or earlier termination of this Lease.. 10. MUTUAL WARRANTIES. (a) Tenant and Landlord each acknowledges and represents to the other that no broker or other person was used by it in connection with this transaction. If any claims, actions or proceedings are brought against either party ("Indemnitee")by reason of any broker, finder or other person claiming to have dealt with the other party("Indemnitor") in connection with this transaction and/or the Premises,then the Indemnitor hereby agrees to indemnify,hold harmless and defend the Indemnitee from and against all liabilities arising from such claims, and all reasonable costs and expenses incurred in connection therewith (including,without limitation,reasonable legal fees and disbursements). The provisions of this Article will survive the termination of this Lease. (b) Tenant and Landlord each acknowledge and represent that it is duly organized, validly existing and in good standing and has all rights, power and authority to make this Lease and bind itself thereto through the party set forth as signatory for the party below. 11. ACCESS TO LEASED PREMISES. Landlord will be permitted access to the Premises: (i) for emergencies without prior notice to Tenant,so long as Tenant is notified as soon thereafter as reasonably practicable;and (ii) with reasonable prior notice to Tenant to make necessary repairs; in all cases provided that Tenant's equipment, 4 11/17/98 CAW tNDOWSITBMP\Famum.doc' technology and proprietary interests remain secure and the Antenna Facility's operation is not adversely affected. Notwithstanding the above,at no time will Landlord be permitted to access the equipment shelter. 12. MAINTENANCE;UTILITIES. (a) Tenant will perform all repairs necessary to keep its Antenna Facility in good condition,reasonable wear and tear and damage from the elements excepted. Landlord will maintain and repair the Property and access thereto, in good and tenantable condition,subject to reasonable wear and tear and damage from the elements. (b) Tenant, at its sole expense, will arrange for its own metered electrical supply from the local utility company and will pay for all electric and other utility charges consumed by Tenant. During the application period for electric service from the local utility company,Tenant will have the right to temporarily use Landlord's electricity and pay Landlord for the electricity consumed by Tenant at the current local utility company,rate. In the event Tenant cannot secure its own metered electrical supply from the local utility company, Tenant will have the right, at its own cost and expense, to submeter from the Landlord on a monthly basis for the electricity consumed by Tenant. Tenant will pay monthly the current local utility company rate for submetered electric,after the meter is read by the Landlord and billed to Tenant. Landlord will not be responsible for interference with, interruption of or failure,beyond the reasonable control of Landlord,of such services to be furnished or supplied by Landlord. 13. DEFAULT AND RIGHT TO CURE. The following will be deemed a default by Tenant and a breach of this Lease: (a) non-payment of Rent if remaining unpaid for more than fifteen(15)days after receipt of written notice of such failure to pay Landlord;or(b)Tenant's failure to perform any other agreement under this Lease within thirty (30)days after receipt of written notice from Landlord specifying the failure. No such failure,however,will be deemed to exist if Tenant has commenced to rectify same within such period and provided such efforts will be prosecuted to completion with reasonable diligence, provided, however, that in no event will Tenant's time to cure any such default hereunder be extended beyond such thirty(30)days if such extension will(i)subject Landlord to the possibility of criminal or civil liability,or(ii)create a default under any mortgage or other financing arrangement affecting the Property. Delay in rectifying same will be excused if due to causes beyond the reasonable control of Tenant. Landlord's failure to perform any agreement under this Lease within thirty(30)days after receipt of written notice from Tenant specifying the failure shall be deemed a default by the Landlord and a breach of this Lease. No such failure, however, will be deemed to exist if Landlord has commenced to rectify same within such period and provided such efforts will be prosecuted to completion with reasonable diligence. Delay in rectifying same will be excused if due to causes beyond the reasonable control of Landlord. 14. ASSIGNMENT/SUBLEASE. Landlord may assign this Lease provided said assignee will assume, recognize and also become responsible to Tenant for,the performance of all of the terms and conditions to be performed by Landlord under this Lease. Tenant may assign or sublet all or any part of this Lease,and all or any rights,benefits, liabilities and obligations hereunder, to (i) any person or business entity which controls Tenant, is a parent of Tenant, or purchases a majority or controlling interest in the ownership or assets of Tenant,or (ii) is a subsidiary or affiliate of Tenant, is controlled by or under common control with Tenant,is merged or consolidated with Tenant,or is licensed by the FCC to operate a wireless communications business, provided that any such assignee or sublessee under this subparagraph 14 has a net worth of at least ten million dollars($10,000,000.00)as determined according to commonly accepted accounting practices and there is no indication such proposed sub-tenant or assignee will be unable or unwilling to perform Tenant's obligations under this Lease Agreement. Upon notification to Landlord by Tenant of any such action, Tenant will be relieved of all future performance, liabilities and obligations under this Lease to the extent of such assignment or sublease. Tenant may not otherwise assign or sublet this Lease without Landlord's consent. 15. NOTICES. Unless otherwise provided herein, any notice of demand required or permitted to be given hereunder will be given by first class certified or registered mail,return receipt requested,or by recognized overnight mail, postage prepaid, to be effective when properly sent and received, refused or returned undelivered. Notice will be addressed to the parties at the addresses set forth above(as to Tenant,Attn.: System Development Manager;copy to same address,Attn.: Legal Department). Either party hereto may change the place for the giving of notice to it by written notice to the other as provided herein. 5 WPM CAW INIDQWSUEM KI'amumADc 16. SEVERABILITY. If any term or condition of this Lease is found unenforceable, the remaining terms and conditions will remain binding upon the parties as though said unenforceable provision were not contained herein, provided, however, that if the invalid, illegal or unenforceable provision materially affects this Lease, the Lease may be terminated by either party on ten(10)days prior written notice to the other party hereto. 17. SUBORDINATION/NON-DISTURBANCE. This Lease will be subordinate to any mortgage by Owner which from time to time may encumber all or part of the Property;provided,however,that every mortgagee now existing or hereafter created intending to be superior in right must:(a)recognize the validity of this Lease and be bound(or bind any successor in foreclosure) in the event of a foreclosure of Owner's interest;and(b)not affect or disturb Tenant's peaceful and quiet use and enjoyment of the Premises so long as Tenant is not in default of this Lease. The parties agree to execute, and Landlord agrees(i)to make best efforts to furnish promptly as to any existing mortgagee and(ii)will furnish immediately to Tenant as to any future mortgagee of the Property,in properly executed form,a non-disturbance agreement in the form attached hereto as Exhibit 4. 18. REMOVAL/RESTORATION. Landlord covenants and agrees that no part of the Antenna Facility constructed,erected or placed on the Premises will become,or be considered as being affixed to or a part of,the Property, any and all provisions and principles of law to the contrary notwithstanding, it being the specific intention of the Landlord that all improvements of every kind and nature constructed, erected or placed by Tenant on the Premises will be and remain the property of the Tenant. No later than or prior to the termination of this Lease, Tenant will remove all such improvements. Furthermore, Tenant agrees, at Landlord's request, to remove footings, foundations, and concrete to a depth of one foot below grade. Tenant shall, to the extent reasonable, restore the Premises to its condition at the commencement of the Lease, reasonable wear and tear and loss by casualty or other causes beyond Tenant's control excepted. Such restoration includes removing any above ground improvements made by Tenant. 19. TAXES. Tenant,upon presentation of sufficient and proper documentation, will pay, within thirty(30) days, an amount equal to any increase in real estate taxes levied against the Property which are directly attributable to the improvements to the Property constructed by Tenant on the Premises,provided Tenant will be entitled to appeal any such increase payable by it. Landlord agrees that it will cooperate with an appeal of such taxes. 20. CONDEMNATION. If a condemning authority takes all of the Property, or-a portion sufficient, in Tenant's determination,to render the Premises unsuitable for Tenant,this Lease shall terminate as of the date the title vests in the condemning authority. Each party shall have the right to make a claim for,its own damages resulting from any condemnation of the Property. 21. MISCELLANEOUS. A) AMENDMENT; WAIVER. No Lease revision will be valid unless made in writing and signed by an authorized agent of Landlord and Tenant. No provision may be waived except in writing signed by the party waiving said right. B) SHORT FORM LEASE. Either party will, at anytime upon.fifteen (15) days prior written notice from the other, execute, acknowledge and deliver to the other a recordable Memorandum of Lease in the form attached hereto as Exhibit 5. Either party may record this memorandum at any time,in its absolute discretion. C) BIND AND BENEFIT. The terms and conditions contained in this Lease will run with the Property and inure to the benefit of and be binding upon Landlord and Tenant and each of their respective heirs, executors, administrators,successors and permitted assigns. D) ENTIRE AGREEMENT. This Lease and the exhibits attached hereto,all being a part hereof,constitute the entire agreement of the parties hereto and will supersede all prior offers,negotiations and agreements. E) GOVERNING LAW. This Lease will be governed by the laws of the state in which the Premises are located,without regard to conflicts of law. F) INTERPRETATION. Unless otherwise specified, the following rules of construction and interpretation apply: (a)captions are for convenience and reference only and in no way define or limit the construction of the terms and conditions hereof;(b)use of the term"including"will be interpreted to mean"including but not limited to';(c)whenever a party's consent is required under this Lease, except as otherwise stated in the Lease or as same may be duplicative,such consent will not be unreasonably withheld or delayed; (d)exhibits are an integral part of the Lease; (e) use of the terms 6 11/17/98 CAWiNDOWSUEMPTWnum.doc "termination"or"expiration"are interchangeable,and(f)reference to a default will take into consideration any applicable notice,grace and cure periods. G ESTOPPEL. Eitherparty will,at any time upon fifteen(15)days prior written notice from the other,execute, acknowledge and deliver to the other a statement in writing(i)certifying that this Lease is unmodified and in full force and effect(or, if modified,stating the nature of such modification and certifying this Lease,as so modified, is in full force and effect) and the date to which the rent and other charges are paid in advance,if any,and(ii)acknowledging that there are not,to such party's knowledge,any uncured defaults on the part of the other party hereunder,or specifying such defaults if any are claimed. Any such statement may be conclusively relied upon by any prospective purchaser or encumbrancer of the Premises. Failure to deliver such a statement within such time will be conclusive upon the requesting party that(i)this Lease is in full force and effect, without modification except as may be properly represented by the requesting party, (ii) there are no uncured defaults in either party's performance, and (iii) no more than one month's rent has been paid in advance. H) COUNTERPARTS. This Lease may be executed in one or more counterparts,each of which will be deemed an original. 1) MARGIN CHANGES. Both parties agree that any margin changes will be effective only when initialed by both parties. J) NO OPTION. The submission of the Lease for examination or consideration does not constitute a reservation of or option for the Premises. This Lease will become effective as a Lease and Agreement only upon the legal execution,acknowledgment and delivery hereof by Landlord and Tenant. t� IN WITNESS WHEREOF, the undersigned has caused the Lease to be executed on this day or 199 . WITNESS/ATTEST: Landlord: B.Farnum,LLC a Massachusetts Limited Liability Company `ma BY: ;z1z [SEAL] Name: enjam Farnum Title: Manager WITNESS: Tenant: AT&T Wireless PCS,Inc.,a Delaware Corporation, by and through its agent,Wireless PCS, Inc., d/b/a AT&T Wireless Services, a Delaware Corporation BY: g' 4Sy7stemevelopment Manager Date: 7 11/17/98 CAWIND0WSITEM1\Fa m n.doe STATE OFy ,,:, 5 ss: COUNTY OF v,t- of ) On thea of&Q02 1998 Sam J.Sim nY , Simons,personally came before me and acknowledged under oath that he is the System Development Manager of AT&T Wireless PCS,Inc.,by its agent,Wireless PCS,Inc., d/b/a AT&T Wireless Services,the corporation named in the attached instrument,and as such was authorized to execute this instrument on behalf of the corporation and executed the instrument as the act of the corporation. Notary Public My Commission Expires: STATE OF MASSACHUSETS,COUNTYOF ss: I CERTIFY that on 199__, Benjamin Farnum personally came before me and acknowledged under oath that he or she: (a) is the Manager of B.Farnum,LLC,the limited liability company named in the attached instrument, (b) was authorized to execute this instrument on behalf of the company and (c) executed the instrument as the act of the company. [Notary Public)[Attorney-at-Law 8 11/17/98 CAWNDOWSWEMPTamm-doc _ - T yi SIM REMOTER • 4 i - E-424 Boston Hill, -North _-Andover, -NIA as vie«ed dooking%%esttiNard)(tom a place��jthin -ne fenced area on top of Boston Hill (5 0 mm lens] 1 t, n � 4 x tife , n r EryJ '�h%f 7^�l wp i z E-424 Boston Hill, Worth Andover, MA #2m Existing conditions as viewed(looking northwestward)from the intersection of Boston Street and Pasture Circle sura--a1-1 ° XP '9�O Of w r r .. _5. .w MWi., ,Y,iYr►r r�' ! Prepared by K.Lineban Pt. • is f ` i' r NP r E-424 Boston Hili, North Andover, -NIA =-.fil 'Installation as viewed t lookin;westward)from a place �, thin the fenced area on top of Boston Hill [50 mm tens] R ' W �R P i P .W. r E-424 Boston Hill, North Andover, MA M2:Proposed AT&T installation as viewed(looking northwestward)from the intersection of Boston Street and Pasture Circle hp r s „yY h 1Mlaiu~ I 7 eNJNF w8yN41 +mpM �,..yF,. il!I a 4 AL E-424 Boston Hill, North Andover, MA 9#3. Proposed A"1'&.'h installation as viewed(looking southwestward) along Brook Street 471 l r:,,,.«,1--1 caMM�y� United States of America Federal Communications Commission RADIO STATION AUTHORIZATION scOMMtCommercial Mobile Radio Services Personal Communications Service- Broadband AT&T WIRELESS PCS INC. Call Sign: KNLF216 1150 Connecticut Avenue, N.W., 4th Floor Market: M008 Washington, DC 20036 80STON-PROVIDENCE Channel Block: A Fie Number: 00013-CW-L-95 ............................ ................ ......................................_..........................-----....... .. ---............................... ......... The licensee hereof is authorized,for the period indicated,to construct and operate radio transmitting,facilities in accordance with the teras and conditions hereinafter descn1YA This authorization is subject to the provisions of the Communications Act of 1934,as amended,subsequent Aar of Congress.international treaties and agreements to which the United States is a signatory,and all pertinent rules and regulations of the Federal Communications Commission.contained in the Title 47 of the U.S.Code of Federal Regulations. Initial Grant Date . . . . . . . . . . . . . . . . . . . . June 23, 1995 �► Five-year Build Out Daze . . . . . . , . _ . . . . June 23, 2000 Expiration Date . . . . . . . . . . . . . . . . . . . . . June 23, 2005 CONDITIONS Pursuant to Section 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 does not nest in the licensee any right to operate a station nor any right in the use of frequencies beyond-the term thereof nor in any other manner than authorized herein. `'either this licersc nor the right granted thereunder shall be assigned or otherwise transferred in violation of the Communicadons Act of 1934.as amended(s 7 U.S.C. 151,et seq.). Thislicense is subject in terms to the right of use or control conferred by Section 706 of the Communications Act of 1934,as amended t7 U.S.C. 606). Conditions c tri on Page 2. 1/� ` t, A'Al VERS No wai x s associated with this authorization. !�stte Pate June 33. 1995 PCS SPECTRUM 150 MHz ALLOCATED BY THE FCC AMPS PCs Camila 124 N9 W9 894 944 952 1850 1910 1130 1990 2110 2150 2160 2200 2310 2100 M1tr Wt MHz MHz halt Nla MHz Wit M3@ Aft hft Alit lift hft hft Aft Ii1ME IE7. ' ins 25 20 25 1 0 1 60 20 i0 120 00 l0 00 190 19 MHz MHz MHz MHz MHz MHz MHz MHz MHz. MHz MHz MHz MHz 0.8 0.91.85 1 2.40 t♦ 1 GHz 2 civ 3 GHz 4 UMS cru 6 cab frequency (GHz) XToo long- FCC PCS Ruling on Docket 90-314 on June 9, 1994 allocated: *q�-* goes too far • 30 MHz of Unlicensed PCS Spectrum X Too short -20 MHz for data products(1910-1920 MHz,2390-2400 MHz) -signal - 10 MHz for voice products(1920-1930 MHz) attenuated AMPS- Advanced Mobile • 120 MHz of Licensed PCS Spectrum Phone service - For"Public"Service Providers -Six Licenses will be auctioned e 2 at 30 MHz each covering a Major Trading Area - 1 at 30 MHz covering a Basic Trading Area e 3 at 10 MHz each covering a Basic Trading Area -A company may accumulate up to 40 MHz of licensed spectrum within an area 2541 • Shared with incumbent Microwave (Fixed,Point-to-Point) Gig% Licensees for a transition period of up to 5 years 5-7 DETAIL ON BROADBAND LICENSED SPECTRUM ALLOCATION 1850 1865 1870 1885 1890 1895 1910 MHz MHz MHz MHz MHz MHz MHz Q 1 I I® 1930 .1945 1950 1965 1970 1975 1990 MHz MHz MHz MHz MHz MHz MHz Q Q 1..�. frequency 1850 1910 1930 1990 (MHz) Channel Block Frequency(MHz) Service Area Total Licenses A(30 MHz) 1850-1865/1930-1945 MTA 51 B (30 MHz) 1870-1885/1950-1965 MTA 51 C (30 MHz) 1895-1910/1975-1990 BTA 492 D(10 MHz) 1865-1870/1945.1950 BTA 492 MTA-TredinMeiw p E(10 MHz) 1885-1890/1966.1970 BTA 492 Base F(10 MHz) 1890-1895/1970-1975 BTA 492 erA=riding 11497 1 1 aRk 1 i Totals/120 MHz I 2070 Ot9" P«u.a7 aa-. 5-8 A1�T AT&T Wireless Services 400 Blue Hill Drive Suite 100 Planning Board Westwood,MA 02090-2161 Town Hall North Andover,MA RE: Boston Hill Radio Site North Andover,MA FCC Compliance Statement. This statement is in reference to AT&T's application for a special permit for use to operate a wireless communications base station at the former Boston Hill radar facility near Boston Street in North Andover. AT&T is licensed to broadcast radio frequency(RF)emissions in the 1850-1865 MHz and 1930- 1945 MHz frequency ranges. Our license allows us to transmit up to 2000W ERP before addition filing and measurements are required by the FCC. As is discussed below,physical and practical limitations in equipment and engineering design limit this facility to 1500 Watts ERP. The equipment used at this facility is FCC type accepted and complies to all industry and governmental manufacturing and operational standards. The facility has three faces which are mounted at 120 degree intervals around the existing lattice tower on top of the radar facility. Because of the design of the panel antennas the power from the other two sectors will not impact the calculation of the of the total output power at any point around the facility.Likewise, if the point is half way between two of the sectors. The power from each sector will contribute less than half of the total power to that point. For each face the minimum power needed from each of the transmitters to cover the needed area is 100 Watts ERP. The proposed facility is limited to 15 transmitters per face.Each transmitter has a 30 KHz bandwidth. The total transmit band is 15 MHz wide.To minimize interference the 15 channels are evenly distributed through the entire transmit band.The total output power from our facility within our transmit band at any point around the facility would not exceed the sum of the power from each transmitter or(15 * 100) 1500 Watts ERP.This assumes that each of the radios in the site has a call in progress at the instant this power is calculated.This is extremely unlikely since at that point no more calls would be able to be processed by this facility. Thank You. Tim Wysocki SR. RF Engineer-New England �& Recycled Paper 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 ARGEO PACCI GOVERNORERNOR 617 727-6214 617 727-2098-Fax WILLIAM D.O'LEARY SECRETARY 'HOWARD K.KOH,MD,MPH COMMISSIONER October 29, 1998 Taylor Whiteside AT&T 400 Blue Hill Drive Westwood, MA 02090 RE: PCS Dear Mr. Whiteside; Pursuant to your notification of October 14, 1998,this is to advise you that approval,under the provisions of 105 CMR 122.021 has been granted to maintain the personal communication services facility located at Boston Hill in North Andover,Massachusetts. Should you have any questions,please contact Robert T. Watkins at(617)727-6214. Sincerely, l Robert M.Hallisey,Director Radiation Control Program cc: North Andover Board of Health RMH/RTW/j c 'r SRS ENGINEERING APPLICATIONS, INC. Applying Technology 75 Clark Lane,Colchester,CT 06415 Phone:(860)537-6647 Fax: (860)537-6647 E-mail: stan_s@cyberzone.net V-mail: (860)722-3398 * October 14, 1998 Letter Ser.No.: 1014-003 Robert Watkins Senior Radiation Scientist Executive Office of Health and Human Services Department of Public Health Radiation Control Program 174 Portland Street Boston, MA 02114 Dear Mr. Watkins: - I am pleased to submit form MCRP 122.021-1 for the Wireless Radio Link PCS Station located at Boston Hill Road, North Andover,MA. This site is AT&T site number E- 424.2. If you have any questions or comments, please don't hesitate to contact me at (860) 537- 6647. Thank you again for your assistance. Sincerely, Stan Sherman NARTE Certified EMC Engineer cc: Taylor Whiteside(AT&T, Westwood) M► • s THE COMMONWEALTH OF MASSACHUSETTS DEPARTMENT OF PUBLIC HEALTH RADIATION CONTROL PROGRAM 305 SOUTH STREET,JAMAICA PLAIN,MA 02130 NOTIFICATION OF NONIONIZING RADIATION SOURCE Fixed Communication Installations 1~6r1ael ation Conttoi;Use Date Recd Ite�ver .........A.... pprov ..... .. ..... .... p LJL . PRQISIQAIAI....:. Combined request for approval under 105 CMR 122.000 and employer notification under 453 CMR 5.000. A. Owner of the structure on which the antenna is located and the location of the antenna: Name of owner of the structure on which the antenna is located: Benjamin Farnum Address of structure owner: 397 Farnum Street, North Andover, MA 01845 Telephone number: 508 682-3817 Date of installation of the structure: Existing Cit /town of antenna location: North Andover Local name of location (i.e. street name and number): Boston Hill, off Boston Hill Road Latitude: 42-38-45 N Longitude: 71-05-40 W Are there other transmitting antennae located on the same structure? Z yes Multiple carriers ❑ no Are there other transmitting antennae located within 300 feet? yes Whips ❑ no Anticipated date of installation of antenna: Fall, 1998 B. Owner of the antenna: Name of the owner of the antenna: Wireless PCS Inc. dba AT&T Address of antenna owner: Taylor Whiteside, AT&T 400 Blue Hill Drive,Westwood, MA 02090 Telephone number: 781 407-4550 l C. Owner of the location on which the transmitter is located and the location of the transmitter: : ® same as antenna Complete.only if transmitter location is different than antenna location Name of owner of the structure on which the transmitter is located: Address of structure owner: Telephone number: Local name of location i.e. street name and number • Cit /town of transmitter location: Latitude: Longitude: rAnticipated date of installation of transmitter: D. Owner of the transmitter: : ® same as antenna Com Tete only if transmitter owner is different than antenna owner. Name of the owner of the transmitter: Address of transmitter owner: -Telephone number: E. Technicalspecifications: FCC class ort e of service: PCS A-BLOCK FCC call letters: KNLF216 -Operating frequency of transmitter: 1930-1945 MHz Type of modulation: D PSK Avera e power output of transmitter: N/A Peak power output of transmitter: 30W Power into the antenna: 30W Maximum Antenna manufacturer: Allgon Antenna model: Sectors Model: Dn. Tilt Gain dBd Allgon 30 deg. AWS9016.02D 0 deg. 14 Allgon 150 deg AWS9016.02D 0 deg. 14 Allgon 270 deg.. AWS9016.02D 0 deg. 14 Antenna type: PANEL ANTENNA Antenna radiating pattern: See attached Beam Patterns Polarization of radiation from antenna: VERTICAL Effective radiating ower: 1560 W ERP per sector 2 F. Power density information: The power density values presented in F.1 were: calculated using; E] measured using; 0 FCC Tech Bulletin Instrument(manufacturer): M Other: (specify): model: probe: SRS Engineering Date of most recent calibration: Applications Spread Sheet F.1 ................ . ............. C �114- .. ........ met the intent�sl:tb� ......... . .. ........... ................... Y W U1 ... ....................... . ..... .. ..... P .. .... ................. .................. ............. . .... ............... .. ........... ...... ... .......... .. ... ...... .. ................. ......... A: Horizontal distance to nearest place 0 (0) NA where faeility empleyees wer-k anyone can congregate: A: Radial distance to nearest place 36 (119) 0.17 where faeifit-y empleyees wer-k eT- anyone can congregate: B: Horizontal distance to nearest location 53 (175) NA on the property boundary: B: Radial distance to nearest location on 65 (212) 0.38 the property boundary: C: Horizontal distance to the location on 58 (190) NA the pr-epei4y beundaf-j-where the highest power density level is anticipated: C: Radial distance to the location en the 69 (225) 0.59 pfepefty betind where the highest power density level is anticipated: D: Horizontal distance to nearest location 305 (1000) NA regularly occupied outside the property boundary: type of facility ❑ home R school ❑ office El manufacturing facility Z other(specify): Nothing w/in 1000 ft D: Radial distance to nearest location 307 (1007) 0.18 regularly occupied outside the property boundary: type of facility El home F] school office E] manufacturing facility other(specify): Nothing w/in 1000 ft 3 F.2 Attach all assumptions and calculations used to determine the values listed in F.1. G. Attach a layout drawing showing the various areas in which employees associated with the nonionizing source work and the predicted or measured RF (power density)levels at these locations. N/A H. List the areas in which employees have been classified as nonionizing radiation(NIR)workers: ® There are no areas that have been classified for NIR workers. ❑ There are areas that have been classified for NIR workers. Such areas are listed below. :.;:.;:.;:.;; ;;:.:. .... ;;:;:.;:.;;.:.::::;:.>;:: mat.: .::::::::::::::::::::::::::::::::::::::::::.:::::::::: .: ::.: :::::::::::::::: .::::::::::::::::. >. :: <:X.> l I. All workers that are classified as NIR workers have been instructed in nonionizing radiation health and safety policies and procedures? ❑ yes ❑no ® N/A Date that the most recent NIR safety training was provided: N/A 4 I� I'# # I CERTIFY THAT: 1. I have read, understand and will comply with the requirements of 105 CMR 122.000 and 453 CMR 5.000 2. To the best of my knowledge, the statements made and information disclosed in this registration application are true, complete, and correct. 3. If any of the disclosed information changes, I will provide updated written information to the Radiation Control Program of the Department of Public # Health within 30 days of the change. 4. I will provide additional information as may be required by the Radiation Control Program of the Department of Public Health. SIGNED UNDER THE PAINS AND PENALTIES OF PERJURY, 10/14/1998 Date Signature of Registrant Applicant (Owner or person duly authorized to act on behalf of the owner). Stanley Sherman, Principal Engineer SRS Engineering Applications NARTE Certified EMC Engineer # Print Name and Title Date Signature of Registrant Applicant Designee (If applicable) Print Name and Title • 5 ............. ............. ............... ........... ........... ................................. MA-1 2U ..... of M MM ..................... .. :xj:: off MA; VOID ...................... ...7 .......... ................. A. FOR . . ........ ......... SM .. ............ . . ........................ ............. x:, 21 ................ x: ..... ........ .. ...... .... .......... x noMM: �x�wff: KI: ..v .............. - .. :-, 9........ a 6�,";WS:t I�,'1311 wil 0 ............ ............... ................. ... .......... ......... w i ...... ..... ..... ......... ...... ............... .............. . ... ................ .......... ....... ...... .................. ............... 10-5 . ... ... . .. . . .. ....... w: MO 0 'Woo ........... ..........................: .......... INN Dili 1 ..... lot i ! * ! 0 1r # • f 6 0 M-.'�: f77 } ::t. ..':.:..::..::. :::: . >84 . q 7� �: ; � o . . -,-------------.........................::.-i.0,20.�. ��i�;:�:��i �.... ... I.. - .., -'......., � ' .1. I**. ?�7.1 ..:,:::--.-- ....-...-.......-.... , , ........ .....- ..:. r _A. f ., ... .:::.,........: ::....::.....:..:::f.:.:: S .,} 4, .. ..;.} :.:..: .......::.... .. . ::::: ::..:.. .f _ k : > { .. .....:}...:. u �•Y..:.: {. } K� 75;��t . :: , } : :. : ; : : . .! I ......$ .. . .... . .!.M : : . : ;. : . .. .,.........r. bn.........4...............:..r ...: v../...} ,.7.. ..{ r.'•Y....•.•.:::f%f•'.f'}< 4} .f.?^.:r..v w.'.. ? .x r:.. f.,.�•Yr•r•+Y•r:+•Y:•:•}y,Y.... :.:,;>:::;>::::°^;% .. ::.,,,,}..,;. a.. �� 'ry',.3.: f .rY.., ..Y:r ..YY' .'IW:: f .l. :•...,. .... ... .,. .. T: ... ... 7 - Angle from Correction Vertical antenna Height Main Beam Attenuation Degrees Attenuation Factor for gain+Horizontal Antenna Horizontal Radial Offset From Building 10`LOG(1!(4Pi r^2)1: antenna gain+Building Power Height above From Radial Including From Maximum Distance from Distance Horizontal Attenuation Propogation Loss attenuation+Reflected Density (Feet) ground Antenna (cm) Main Lobe (dB) (dB) wave (UW/CMA 2) (Feet) Down Tilt Offset Offset Reflected (degrees) (CCW) Wave(dB) correction+Propogation loss(dB) meters feet meters feet 125 6 0 0 36.31 119.01 3627.1 -90.0 -25.5 0.0 0.0 0.0 6.0 -82.2 101.7 0.1736 125 6 53.4 175 64.5 211.61 6450.4 -34.2 -17.1 0.0 0.0 0.0 6.0 -87.2 -98.3 0.3798 125 6 58.1 190 68.51 224.61 6844.7 -32. -14.7 0.0 0.0 0.0 6.0 -87.7 -96.4 0.5862 125 6 305 1000 307.01007.1 30695.1 -6.8 -6.8 0.0 0.0 0.0 6.0 -100.7 -101.5 0.1797 Total Watts EIRP/Sector: 2558 Antenna Model: aws901602 H=Antenna height Assumptions: d=Horizontal distance from the Antenna I=Height above the ground power density is determined 1. Ground Wave is negligible r=Radial distance from the antenna=(d^2+(H-I)^2)".5 2. Worst case contribution from reflected wave is+6 dB a=angle from antenna mast to point at which power density is determined 3.Clear path between antenna and point of interest and between reflected wave and b=90-a=angle from horizontal from antenna to point at which power density is point of interest(ie.no obstructions)Except 10 dB attenuation through building exterior determined wall or roof. 4. Structure is a 6 story concrete building used as an antenna facility.The site and buildings were used for testing radar and microwave equipment by defense contractors. Presently the site is available to clients seeking to lease space for communications equipment. H Power Density Calculation: Pd=(EIRP"Losses)/(4•PI"r"2) Where: Pd=Power density --� EIRP=Effective Isotropically Radiated Transmitted Power it 8 I� T lim 9*t 3,nRLIAM VNN3LN► TJ33-4sV s � ON � r ( E i III' -ho <� � � gill fill MOM PROPOSED ATMT M MAATfON SHOWN 6 ONLY Af PRO1fM"M E70M LOCAMONS mo DMLS ML BE OETERWAto w "INk 00NEE"M DESON. PROPOSED AT&T EOumo f AM VMM 120 34 _LOCATED N M OMER ON TOO SFDOND nMA AS MOM AM WU 9E FpIC£1D- . �� Sk4AR TO M EXCIN0 WBTN1AT10N Voufpmv f ANEA ON THE SEODND i1AOR PROPOSED AMT AIMMS (AMYS A, 8.=AND MUNTED ON stm W#M ON Rooftop A4EW►�A ! ow"O EXR4tfM0 ! ! RoadPROPOSED V"SI STEEL YVM ON .4 L—=090 ROQrTw COM ARRAY 9 srArOa+rArMAYOR] ream vim" (+aar) Pftmm Ma COX fVJ[ !A1DW PROPOSED AT&T 00"A vrm mm Ol om OF Im Musa"tom THE WINDS Of Im EJtN, " mu TM UP low TO mfoom IM W I"TO AMthVZ 6-STORY CONCRETE BLDG N.T.S. 6-STORY CONCRETE BLDG N.T.S. 2ND FLOOR PLAN ROOF PLAN 10 SAGE - - - ENVIRONMENTAL February 9, 1999 Mr. Sam El-Khairi AT&T Wireless 400 Blue Hill Drive Suite 100 Westwood,MA 02090 RE. Phase I Environmental Site Assessment S Boston Hill Road North Andover,Massachusetts Site #E-424.2 Dear Mr. El-Khairi: Per the AT&T Wireless request of January 19, 1999, SAGE Environmental, Inc. (SAGE) has completed a Phase I Environmental Site Assessment for the above referenced Site. The results of assessment activities follow in this report. Our findings are presented below: 1.) The Site of proposed development is on an existing tower located near the center of Lot 11 on Assessor's Map 107.C. The remainder of the 9.49-acre parcel contains a storage warehouse, two sheds, approximately six communications towers, multiple satellite dishes, a power station, two steel structures, grassy areas, woodlands,and a paved access road. 2.) SAGE conducted a radius search review of surrounding geocoded properties of potential environmental concern, as outlined in ASTM E-1527-97 guidelines, utilizing software provided by New England Data Map Technologies. The Site was not identified in any of the databases. However, one State site located within '/z-mile of the Site, one ERNS site located adjacent to the Site, and one Spill site located adjacent to the Site, were identified on the database. No additional properties within the designated ASTM radii were identified in any database. This information is summarized in the following table. The DataMap report is included in the DataMap Appendix. 44 East Avenue Connecticut Pawtucket, Rhode Island 02860 Massachusetts 401-723-9900 New York FAX 401-723-9973 Rhode Island sage@ids.net Virginia 3 DataMap Summary NPL CERCLIS ERNS RCRIS RCRIS STATE UST LUST Spills Landfllls I mile 1/2 mile Site/ Site/ TSDF SITES Site/ SITES Site/" 1/2 mile abutter abutter 1 mile ' 112 mile abutter 'f mile abatfer NI NI Boston Hill NI NI ABC Bus Co. NI NI Boston Hill NI Ski Area 0.37 mi.NW Ski Area Abutter to NE Abutter to NE NI=None Identified N=North S=South E=East W=West NA=Not Available 3.) The Massachusetts Department of Environmental Protection (MADEP) Central Regional Division was visited in an effort to further review information pertaining to reported spills, responses, and investigations for the Site and neighboring properties. The MADEP correspondence for the Boston Hill Ski Area indicates that two USTs were removed from the property in 1988, but apparently no confirmatory samples were collected at that time. Soil borings and groundwater monitoring wells were advanced at this property in January 1997, and conditions requiring 120-day notification was discovered. ENPRQ prepared a Release Abatement Measure (RAM) and proposed to remove up to 200 cubic yards of impacted soil during which groundwater would be pumped and treated. Following removal of impacted soil and groundwater, downgradient groundwater samples were proposed to determine effectiveness of remedial activities. No additional information was available regarding conditions at this property. However, based on the downgradient topographic location of this property with respect to the subject property, this release does not appear to present significant risk of environmental impairment to the Site. The MADEP correspondence for ABC Bus Co. indicates that Total Petroleum Hydrocarbons (TPH) were detected in subsurface soil and groundwater samples in the area of four existing 10,000-gallon fuel oil USTs in 1990. Foster Wheeler determined that the property presented."No Significant Risk" to human health or the environment but that an Activity and Use Limitation (AUL) would be necessary in order to protect human health from future indoor inhalation exposures. Additional investigations were performed at the property. CSE determined that a condition of "No Significant Risk" was achieved by demonstrating that the conditions at the disposal site were below Massachusetts Contingency Plan (MCP) Risk-Based Standards. Due to the topographically downgradient location of this property with respect to the subject property and the SAGE ENVIRONMENTAL r . 4 northeasterly direction of groundwater flow, this property does not appear to present significant risk of environmental impairment to the Site. 4.) According to Mr. Ben Farnum, one out of service UST is located on the subject property. Two propane ASTs are also located on the subject property. No indications of releases or recognized environmental concerns were noted during the Site inspection. Based upon the data reported during the course of this assessment, no information was made available to indicate that releases of oil and/or hazardous materials have been reported for the Site. Recognized environmental conditions, as defined by ASTM, include UST and transformer use. Additionally, city directories reference "radioactivity" during the period of Marine Corp usage. Based upon this information, further Phase II study (soil and groundwater testing) is advised if excavations are planned during PCS development. Should you have any questions pertaining to this information, please do not hesitate to contact the undersigned. We appreciate the opportunity to have provided our services. Sincerely, SAGE Environmental, Inc. C Barbara Brakenwagen IVn McDermott, C.P.G.,L.S.P. Environmental Scientist Principal BB/KM:ec Attachment SAGE ENVIRONMENTAL • • PHASE I ENVIRONMENTAL SITEASSESSMENT 5 Boston Hill Road North Andover, Massachusetts SITE # E-424.2 • Prepared for: Mr. Sam El-Khairi AT&T Wireless • 400 Blue Hill Drive Suite 100 Westwood, MA 02090 • Prepared by: SAGE Environmental, Inc. 44 East Avenue Suite 209 Pawtucket,RI 02860 0 SAGE Project#5773 February 1999 • • February 11, 1999 • Mr. Sam El-Khairi AT&T Wireless 400 Blue Hill Drive Suite 100 Westwood, MA 02090 • RE: Phase I Environmental Site Assessment 5 Boston Hill Road North Andover, Massachusetts Site#E-424.2 • Dear Mr. El-Khairi: Per the AT&T Wireless request of January 19, 1999, SAGE Environmental,Inc. (SAGE) has completed a Phase I Environmental Site Assessment for the above referenced Site. • The results of assessment activities follow in this report. Should you have any questions pertaining to this information, please do not hesitate to contact the undersigned. We appreciate the opportunity to have provided our services. Sincerely, SAGE Environmental, Inc. • Barbara Brakenwagen Ken McDermott, C.P.G., L.S.P. Environmental Scientist Principal BB/KM:ec r Attachment • February 9, 1999 Mr. Sam El-Khairi AT&T Wireless 400 Blue Hill Drive Suite 100 Westwood, MA 02090 RE: Phase I Environmental Site Assessment 5 Boston Hill Road North Andover,Massachusetts Site#E-924.2 Dear Mr. El-Khairi: Per the AT&T Wireless request of January 19, 1999, SAGE Environmental, Inc. (SAGE) has completed a Phase I Environmental Site Assessment for the above referenced Site. The results of assessment activities follow in this report. Our findings are presented below: 1.) The Site of proposed development is on an existing tower located near the center of Lot 11 on Assessor's Map 107.C. The remainder of the 9.49-acre parcel contains a storage warehouse, two sheds, approximately six 'communications towers, multiple satellite dishes, a power station, two steel structures, grassy areas, woodlands, and a paved access road. 2.) SAGE conducted a radius search review of surrounding geocoded properties of potential environmental concern, as outlined in ASTM E-1527-97 guidelines, • utilizing software provided by New EnglandData Map Technologies. The Site was not identified in any of the databases. However,one State site located within '/2-mile of the Site, one ERNS site located adjacent to the Site, and one Spill site located adjacent to the Site, were identified on the database. No additional properties within the designated ASTM radii were identified in any database. This r information is summarized in the following table. The DataMap report is included in the DataMap Appendix. • DataMap Summary �......::.:::::::1 : : ..:::::.:::. . . ::..::.:::::::. ..::::::::::•. '.iiJii:;.:::.::::. .:.: .....:biii::.: ::..:::::::;:: .:.:::::.:::.:.:. : •.:::.i v.iv:.- ............................ ...........��Et::.:::;:::.::.:;•::•:is .j.;:.;:.::.:.;;:.:: ::x•>;::-::.>;:.::. ..::.: '. '.;:.;;:.;;:.;:;;:.:;: ..:::::.;::.; ah :.: .:: . .... . ie< WI NI NI Boston Hill NI NI ABC Bus Co. NI NI Boston Hill NI Ski Area 0.37 mi.NW Ski Area Abutter to Abutter to NE A NI=Non Identified N=North S=South E=East W=West NA=Not Available 3.) The Massachusetts Department of Environmental Protection (MADEP) Central Regional Division was visited in an effort to further review information pertaining to reported spills, responses, and investigationsfor the Site and neighboring properties. The MADEP correspondence for the Boston Hill Ski Area indicates that two USTs were removed from the property in 1988, but apparently no confirmatory samples were collected at that:time. Soil borings and groundwater monitoring wells were advanced at`this-property in January 1997, and conditions requiring 120-day notification was discovered. ENPRO prepared a Release Abatement Measure (RAM) and proposed to remove up to 200 cubic yards of impacted soil during which groundwater would be pumped and treated. Following removal of impacted soil and groundwater, downgradient groundwater samples were proposed to determine-effectiveness of remedial activities. No additional information was available regarding conditions at this property. However, based on the downgradient topographic location of this property with respect to the subject property, this release does not appear to present significant risk of environmental impairment to the Site. • The MADEP correspondence for ABC Bus Co. indicates that Total Petroleum Hydrocarbons (TPH)were detected in subsurface soil and groundwater samples in the area of four existing 10,000-gallon fuel oil USTs in 1990. Foster Wheeler determined that the property presented "No Significant Risk" to human health or the environment but that an Activity and Use Limitation (AUL) would be necessary in order to protect human health from, fixture indoor inhalation exposures. Additional investigations were performed at the property. CSE determined that a condition of "No - Significant Risk" was achieved by demonstrating that the conditions at the disposal site were below Massachusetts Contingency Plan (MCP) Risk-Based Standards. Due to the topographically downgradient location of this property with respect to the subject property and the northeasterly direction of groundwater flow, this property does not appear to present significant risk of environmental impairment to the Site. » 4.) According to Mr. Ben Farnum, one out of service UST is located on the subject property. Two propane ASTs are also located on the subject property. No indications of releases or recognized environmental concerns were noted during the Site inspection. Based upon the data reported during the course of this assessment, no information was made available to indicate that releases of oil and/or hazardous materials have been reported for the Site. Recognized environmental conditions, as defined by ASTM, include UST and transformer use. Additionally, city directories reference "radioactivity" during the period of Marine Corp usage. Based upon this information, further Phase II study (soil and groundwater testing) is advised if excavations are planned during PCS development. Should you have any questions pertaining to this;information, please do not hesitate to contact the undersigned. We appreciate the opportunity to have provided our services. Sincerely, M SAGE Environmental, Inc. Barbara Brakenwagen Ken McDermott, C.P.G., L.S.P. Environmental Scientist Principal BB/KM:ec Attachment i TABLE OF CONTENTS 1.0 INTRODUCTION................... .............. ...........................................1 1.1 Purpose.............. ......... ........: ......... ............. . . ......... ...................................1 1.2 Assessment, Scope,Terms, Conditions and Limitations....... .........................1 2.0 SITE DESCRIPTION....................... ................................................2 • 2.1 Site Location and Parcel Legal Description................ ......... .........................2 2.2 Site and Vicinity Characteristics.... ......... ........................... .........................2 2.3 Site Description . ....... .................. ............ ....... ..............................................3 2.4 Reported User Information Regarding Environmental Liens........................3 2.5 Current Uses of the Property................................................. .........................3 2.6 Past Uses of the Property 2.6.1 Ownership......................... ... ............. ...... ................... .........................4 2.6.2 Building Department......... ......... ...............4 2.6.3 Board of Health....... ......... ...................................... ......._...........................4 2.6.4 Town Clerk's Office ......... ......... ............................ ...................................4 2.6.5 Sanborn Map Review........ ......... .............. ... ................... .........................4 2.6.6 Historical Address Directories..... ......... .......5 2.7 Aerial Photograph Review.... .........,..................................... .........................5 2.7.1 Historical Land Use Narrative.... ....... .................. ......... ...................... 5 2.7.2 Adjoining Land Use Description.. .................. ......... ......... ......................... 5 3.0 RECORDS REVIEW............ ............................................................6 3.1 Fire Prevention Office........... ................... .................. ...................................6 • 3.2 Radius Search for Properties of Environmental Concern ............................6 3.3 Massachusetts Department of Environmental Protection Review.................7 I � 3.4 Physical Setting........... ................... ......... ...................................... ...............8 t 3.4.1-3.4.2 .Historical Use Information/Additional Record Resources.... ............... 9 4.0 SITE RECONNAISSANCE INFORMATION.................................9 4.1 Site Exterior Inspection....... 4.2 Interior Inspection.............. .................. ......... ............................ ................10 4.3 Hazardous Substances................... ................................................................ 10 • 4.4 Storage Tanks............ ......... ...... ........... ......... ............................ ................11 4.5 Indications of Polychlorinated Biphenyl's (PCBs)............. ..........................11 4.6 Solid Waste Disposal........... .................. .......................................................11 • 4.7 Surrounding Lot Features... ............................................... ..........................11 5.0 SUMMARY OF FINDINGS... ........................................................12 i 6.0 LIMITATIONS ................................................................................14 FIGURES DATA MAP APPENDIX PHOTOGRAPHS lid I Boston Hill Road,North Andover,MA February 1999 1.0 INTRODUCTION 1.1 Purpose The purpose of conducting this environmental assessment was to evaluate the potential for surficial releases of oil or hazardous materials to the soil and/or groundwater within the subject Site located at 5 Boston Hill Road in North Andover, Massachusetts. 1.2 Assessment, Scope, Terms, Conditions and Limitations The assessment was conducted per the AT&T Wireless request of January 19, 1999. This assessment was performed with respect to standard industry practice and in consideration of the ASTM E-1527-97 site assessment standard entitled "Environmental Site Assessments for Commercial Real Estate". The purpose set forth was accomplished by completing the following tasks. I. A field investigation, including a limited visual surficial inspection of the property 0 and a review of neighboring sites, was conducted by SAGE Environmental, Inc. (SAGE). 2. The following agencies were contacted and inquiries were made in reference to past ownership, complaints, or violations concerning the environmental quality of the Site. • The North Andover Assessor's Office • The North Andover Clerk's Office • The North Andover Building Department • The North Andover Board of Health • The North Andover Highway Department • The Massachusetts Department of Environmental Protection(MADEP) • The Sanborn Map Company • The New England DataMap Technology Corporation • The property contact,Mr. Ben Farnum, Site Owner Inherent limitations relative to this practice are contained in the limitation section of this report and ASTM standard E-1527 entitled "Environmental 'Site Assessments for Commercial Real Estate." 0 c:\ sage\_jobs\s\s773\s773rep.doc 1 Boston Hill Road,North Andover,MA February 1999 2.0 SITE DESCRIPTION 2.1 Site Location and Parcel Legal Description The property is located on the north side of Boston Hill Road, approximately 0.01 mile north of the intersection of Boston Hill Road and Boston Street. A Site location diagram is included as Figure 1. The Site is located near the center of Lot l l`which is a 9.49-acre parcel as shown on the North Andover Assessor's Map 107.C. A storage warehouse, two sheds, approximately six communications towers, multiple satellite dishes, a power station, two steel structures, grassy areas, woodlands, and a paved access road comprise the rolling topography of the property. Information provided indicates the Site longitude and latitude are 71°05'35" and 42°38'47", respectively. A plat plan diagram is included as Figure 2. A Site sketch is included as Figure 3. 2.2 Site and Vicinity Characteristics The property is located in an area zoned for residential use. Surrounding properties consist of woodlands, vacant land, farmland, and residential properties. The surrounding properties are also zoned residential. Table 1 summarizes area land usage. Table l Area Land Usage 5 Boston Hill Road North Andover, Massachusetts North The former Boston Hill Ski Area Undevelo able Residential Land South Trustees of Reservations Undevelo able State Land West Undevelo able Residential Land East Residential/Farmland East Productive Woodlands • Undevelo able Residential Land i c:\—Sage\jobs\s\s773\s773rep.doc 2 • Boston Hill Road,North Andover,MA February 1999 to 2.3 Site Description The Site of the proposed communication equipment is on the existing communications tower building located near the center of Map 107.C,Lot 11. The Site is located at a high point on the subject property and is generally surrounded by grassy areas and woodlands. The remainder of the property contains a storage warehouse, two sheds, approximately six communications towers, multiple satellite dishes, a power station, two steel structures, grassy areas, woodlands, and a paved access road. • 2.4 Reported User Information Regarding Environmental Liens There was no information reported over the course of this investigation by "users" with respect to environmental liens pertaining to the Site. Users are defined by ASTM as "the party seeking to use Practice E 1527 in the environmental site assessment process." 2.5 Current Uses of the Property « The Site is currently occupied by multiple communications antennas. Multiple satellite dishes, approximately six communications towers, a storage warehouse, two sheds, a power station, two steel structures, grassy areas, woodlands, and a paved access surround the Site, a seven-story communications tower building. According to Mr. Ben Farnum, the communications tower building contains associated communications equipment and • the storage shed contains personal items in storage. 2.6 Past Uses of the Property Research regarding historical land usage of the Site and surrounding properties was conducted using data obtained from the following agencies: • The North Andover Assessor's Office • The North Andover Building Department • The North Andover Clerks Office • The North Andover Board of Health • The Sanborn Map Company Historical data obtained during these reviews is summarized in the sections that follow. • • c:\_sage\jobs\s\s773\s773rep.doc 3 • Boston Hill Road,North Andover,MA February 1999 2.6.1 Ownership The North Andover Assessor's Office was visited to review historical ownership information for the Site. This data was reviewed for the purposes of land use • determination. No deed reference was available at the Assessor's Office for the subject property. However, according to Mr. Frank Dushame of the Assessor's Office, the subject property has been owned by the Farnum family since before North Andover was incorporated in 1855 and is deeded under a King's Grant. Also according to Mr. Dushame, the subject property has been used as a communications site since at least the • 1950s. An old tax map for the town of North Andover, dated approximately 1980, indicates that the subject property was owned by Famum at that time.- 2.6.2 Building Department • The Building Department was contacted in order to review documents that related to Site history. No records were available regarding the Site. 2.6.3 Board of Health r The North Andover Board of Health with questioned concerning any violations pertaining to the Site and/or Lot 11. No'records were available regarding the Site. 2.6.4 Town Clerk's Office The North Andover Clerk's Office was consulted concerning UST registrations and closures. The North Andover Clerk's Office indicated that UST records are maintained by the Fire Department. 2.6.5 Sanborn Map Review Inquiries were made January 20, 1999 to the Sanborn Mapping and Geographic Information Services concerning historic map coverage of the subject Site. The Sanborn Map Company has historically mapped areas for fire insurance purposes. There was no map coverage for the Site area. • • c:\—Sage\jobs\s\s773\s773rep.doc 4 r Boston Hill Road,North Andover,MA February 1999 2.6.6 Historical Address Directories Historical address directories for the Town of North Andover were reviewed at the North • Andover Public Library for information regarding historical usage for the Site. Historical address directories from 1928-1963 indicate that Boston Hill Road was residential in use at that time; 5 Boston Hill Road was not listed in these directories. The directory dated 1969 indicated that Boston Hill Road was not yet present. Directories dated 1974, 1978 and 1984 indicate that Boston Hill Radar Site, Mitre Corp. Oprs., was present on Boston • Hill Road (no street number was listed). This appears to be the subject property. The directory also made reference to "radioactivity". The directories dated 1989 and 1994 indicate that Wang Communications Cable TV Relay was present at 5 Boston Hill Road. This directory also indicated that the remainder of Boston Hill Street and Boston Street were residential in use. • 2.7 Aerial Photograph Review There was no readily available aerial photograph coverage for the Town of North • Andover. 2.7.1 Historical Land Use Narrative Map 107.0 Lot 11 appears to have alwaysbeen undeveloped woodlands prior to • construction of the communications tower and assorted communications equipment on the property in the 1950s. 2.7.2 Adjoining Land Use Description A description of current abutting land uses is summarized in the following table. • c:\_sage\_jobs\s\s773\s773rep.doc 5 • Boston Hill Road,North Andover,MA February 1999 • Table a Abutting Land Uses 5 Boston Hill Road North Andover, Massachusetts • ..{%:iiijii;:}•:Ki::i:ry'i:;:i::iiy,:}i;i:' g 107.D/37 South Trustees of Reservations Undevelo able State Land 107.0/10 North Former Boston Hill Ski Area • Undevelo able Residential Land 107.C/68 West Undevelo able Residential Land 107.A/42, 107.A/253 East Residential/Farmland 107.A/249 East Productive Woodlands Undevelo able Residential Land 3.0 RECORDS REVIEW • 3.1 Fire Prevention Office SAGE requested information from the North Andover Fire Department regarding the Site with respect to the usage of oil and/or hazardous materials (OHM). SAGE has not yet received a response from the fire department. • 3.2 Radius Search for Properties of Environmental Concern SAGE conducted a radius search review of surrounding geocoded properties of potential • environmental concern, as outlined`in ASTM E-1527-97 guidelines, utilizing software provided by New England Data Map Technologies. The Site was not identified in any database. However, one State site located within '/a-mile of the Site, one ERNS site located adjacent to the Site, and one Spill site located adjacent to the Site, were identified on the database. No additional properties within the designated ASTM radii were • identified in any database. This information is summarized in Table 4. The DataMap report is included in the DataMap Appendix. • 0 c:\ sage\_jobs\s\s773\s773rep.doc 6 Boston Hill Road,North Andover,MA February 1999 Table 4 DataMap Summary 5 Boston Hill Road North Andover, Massachusetts ::.:1 'L.:::::::::::!ll .::::::...::.ERNS:;:.;;::.»;;;1 €"1�.;:.:;:1 :: .. .:.::......... >:>::.::: ' `::::.<::::«:::>:::: .....s.:......... .............:.::::..... ............................. ............................................................................:::.................... ...:..: t .....:.::::W ::..::.:: .....:..... ...............................................::::.::::::::::.:.:::.::::.:, ...: ....:..::. <> NI NI Boston Hill NI NI ABC Bus Co NINI Boston Hill NI Ski Area 0.37 mi.NW Ski Area Abutter to Abutter to NE I NE NI=None Identified N=North S=South E=East W=west NA=Not Available • 3.3 Massachusetts Department of Environmental Protection Review The Massachusetts Department of Environmental Protection (Northeast Region) was visited in an effort to further review information pertaining to reported spills, responses, and investigations for the Site and neighboring properties. No information was available regarding the subject property. The MADEP correspondence for the Boston Hill Ski Area includes a Release Abatement Measure Plan (RAM) prepared by ENPRO Services, Inc. (ENPRO) in July 1997. The RAM indicates that two underground storage tanks (USTs) were removed from the • property in 1988, but apparently no confirmatory samples were collected at that time. Rizzo Associates, Inc. advanced soil borings and groundwater monitoring wells at this property in January 1997 and discovered a situation requiring 120-day notification. ENPRO was hired to perform a Limited Removal Action (LRA). After approximately 50 cubic yards of petroleum impacted soil had been removed from the area of the former • USTs, ENPRO determined that the extent and volume of impact to soil would exceed the 100 cubic yard limit for a LRA. Thus, ENPRO prepared a RAM to address the newly discovered conditions at this property. The RAM proposed the removal of up to 200 cubic yards of impacted soil.during which groundwater would be pumped and treated. Following removal of impacted soil and groundwater, downgradient groundwater samples • were proposed to determine effectiveness of remedial activities. No additional information was available regarding conditions at this property. However, based on the downgradient topographic location of this property with respect to the subject property, this property does not appear to present significant risk of environmental impairment to the Site. • c:\_sage\_jobs\s\s773\s773rep.doc 7 • Boston Hill Road,North Andover,MA February 1999 The MADEP correspondence for ABC Bus Co. includes a MCP Method 3 Risk Characterization prepared by Foster Wheeler Environmental Corporation (Foster Wheeler) in May 1997 for this property. This report,indicates that Total Petroleum Hydrocarbons (TPH) were detected in subsurface soil and groundwater samples in the • area of four existing 10,000-gallon fuel oil USTs in 1990. A nearby,unnamed stream was impacted by this release. However, groundwater samples collected from 1990 through 1997 indicated a strong decreasing trend in TPH concentrations during this time period. Surface water and sediment samples collected in March 1997 detected low levels of petroleum-related material in sediment. Surface water samples collected at this time were • non-detect for volatile and extractable petroleum hydrocarbons (VPHIEPH), volatile organic compounds (VOCs), and polycyclic aromatic hydrocarbons (PAHs). Tank overfill protection equipment was installed on the tanks, and the tanks and lines tested negative for leaks during annual testing from 1990 to 1997. Foster Wheeler determined that conditions at this property presented "No Significant Risk" to human health or the environment. However, Foster Wheeler indicated that an Activity and Use Limitation (AUL)would be necessary in order to protect human health from future indoor inhalation exposures. Foster Wheeler also indicated that a Class B-2 Response Action Outcome (RAO)would be required due to the AUL in the absence of remedial activities. ! Clean Soils Environmental, Inc. (CSE) completed an RAO Statement for this property in May 1997. CSE performed additional investigations at the property, including a survey of monitoring wells, observations of light non-aqueous phase liquid (LNAPL) in groundwater, observations of surface water (stream), groundwater, soil and sediment sampling and analysis, and UST tank testing. CSE determined that the release was likely • due to tank overfills and that the LNAPL was generally contained to the tank bed. CSE determined that a condition of"No Significant Risk" was achieved by demonstrating that the conditions at the disposal site were below MCP Risk-Based Standards. Due to the topographically downgradient location of this property with respect to the subject property and the northeasterly direction of groundwater flow from this property, this • property does not appear to present significant risk of environmental impairment to the Site. 3.4 Physical Setting The subject Site is located on the Lawrence, Massachusetts Quadrangle according to the United States Geological Survey (USGS) topographical map. Field reconnaissance, performed by SAGE personnel, indicates that subject Site topography is generally level in the immediate area of the Site, then sloping downward moderately in all direction beyond the immediate area. Soils at the subject Site consist predominantly of Paxton, very stony, fine sandy loam. • c:\_sage\jobs\s\s773\s773rep.doc 9 Boston Hill Road,North Andover,MA February 1999 According to the Flood Insurance Rate Map (FIRM) for the area, Map # 250098-0008C dated June 2, 1993, the subject Site is located within a zone (X) area of minimal flooding. Wetlands, located within 1/2-mile in all directions of the subject property, are the only surface waterbodies located within one mile of the Site. According to the Massachusetts Geographic Information System (MAGIS) map for the subject property, the subject property is not located in the area of a potentially productive aquifer or in an area of critical environmental concern. An area of protected open space is • located adjacent to the south and west of the Site and wetlands are located within 1/2-mile in all directions of the subject property. 3.4.1-3.4.2 Historical Use Information/Additional Record Resources • Historical use information has been summarized in Section 2.0. In addition, historical maps were reviewed at the North Andover Public Library. A Map of the Town of Andover dated 1830 indicates that the subject property and surrounding area were undeveloped at that time. A map dated 1852 indicates that the subject property was owned by Joseph Farnham and undeveloped at that time. No other credible record sources were made available over the course of this study. • 4.0 SITE RECONNAISSANCE INFORMATION On February 2, 1999, SAGE'personnel conducted an on-Site inspection. The inspection consisted of a visual surficial examination of the subject Site, surrounding lot and abutting • properties. Areas were examined for surficial indications of releases of oil and/or hazardous compounds. A field sketch depicting features observed is included as Figure 3. 4.1 Site Exterior Inspection The Site is currently occupied by a communications tower and various communications antennas. The communications tower building contains equipment associated with the • antennas. A storage warehouse, two sheds, approximately six communications towers, c:\_sage\jobs\s\s773\s773rep.doc 9 i Boston Hill Road,North Andover,MA February 1999 f multiple satellite dishes, a power station, two steel structures, grassy areas, woodlands, and a paved access road comprise the remainder of the subject property. The Site is generally surrounded by grassy areas and woodlands. Two above ground propane tanks were observed in the vicinity of the communications tower building. M According to Mr. Ben Farnum, the storage building located approximately 30 feet to the southeast of the tower building is used for storage of personal items. According to Mr. Farnum, no chemicals are stored in this building. Also, according to Mr. Farnum,,a UST is located along the northern side of this building. Mr. Farnum stated"that this tank, installed in approximately 1957, is`no longer in service and has been emptied. This building is no longer heated. Located to the north of the tower building is an electric substation containing three transformers, which appeared to be in good condition. However, snow covering the surface of the ground prevented a thorough examination of the ground for staining. One pole-mounted transformer was observed on a utility pole located to the east of the tower building. This transformer appeared to be in good condition. Again, snow covering the surface of the ground'prevented a thorough examination of the ground for staining. • Two steel structures were observed to the east of the storage building. These structures appear to be used as bases for communications equipment. Two sheds are located on the subject property. ,According to Mr. Farnum, these sheds are essentially empty. Access to the buildings could not be provided. No additional tanks were observed near the Site. No indications of a release or`additional storage of oiland/or hazardous materials were noted during the Site inspection. 4.2 Interior Inspection There are two buildings and two sheds on Lot 11. SAGE was unaccompanied on the site inspection. Therefore the interiors of these buildings were not inspected. 4.3 Hazardous Substances d us S t s c:\—Sage\jobs\s\s773\s773rep.doc 10 f Boston Hill Road,North Andover,MA February 1999 • No indications of oil and/or hazardous materials storage, in addition to those previously indicated, were noted on the proposed tower Site. 4.4 Storage Tanks Two aboveground propane tanks are located in the vicinity of the communications tower building. According to Mr. Farnham, one heating oil UST, of unknown size, is located along the northern side of the storage warehouse building. Mr. Farnham stated that this tank was installed in approximately 1957. He also stated that this tank is,no longer in use and has been emptied. No evidence of any additional storage tanks was observed on the Site. 4.5 Indications of Polychlorinated Biphenyl's (PCBs) A pole-mounted transformer was observed on a utility pole located to the north of the proposed tower location. This transformer appeared to be in good condition, with no evidence of leakage. However, snow covering the surface of the ground prevented a thorough examination of the ground for staining. An electric substation containing three transformers is located on the subject property. These transformers appeared to be in good condition. However, snow covering the surface of the ground prevented a thorough examination of the ground for staining. No additional visual evidence of PCB-containing objects or features labeled as containing PCB materials were observed during the inspection. • 4.6 Solid Waste Disposal No visual evidence of suspect solid waste disposal was observed during the Site inspection. • 4.7 Surrounding Lot Features • c:\_sage\;obs\s\s773\s773rep.doc 11 • Boston Hill Road,North Andover,MA February 1999 • The area of the proposed communication tower is located near the center of Lot 11. The remainder of the property contains a storage warehouse, two sheds, approximately six communications towers, multiple satellite dishes, a power station, two steel structures, grassy areas, woodlands, and a paved access road. • 5,0 SUMMARY OF FINDINGS 0 SAGE Environmental, Inca performed a Phase I Environmental Assessment, with consideration to the AT&T Wireless request dated January 19, 1999 and the scope and limitations of ASTM practice E1527-97, at the property situated at 5 Boston all Road, North Andover, Massachusetts. Any exceptions to or deletions from this practice are described in Sections 1.20 and 5.10 of this report. The findings of this investigation are presented below. 1.) The Site of proposed development is on an existing tower located near the center of Lot 11 on Assessor's Map 107.0. The remainder of the 9.49-acre parcel contains a storage warehouse, two sheds, approximately six communications towers, multiple satellite dishes, a power station,two steel structures, grassy areas, • woodlands, and a paved access road. 2.) SAGE conducted a radius search review of surrounding geocoded properties of potential environmental concern, as outlined in ASTM E-1527-97 guidelines, utilizing software provided by New England Data Map Technologies. The Site • was not identified in any of the databases. However, one State site located within 1/2-mile of the Site, one ERNS site located adjacent to the Site, and one Spill site located adjacent to the Site, were identified on the database. No additional properties within the designated ASTM radii were identified in any database. This information is summarized in the following table. The DataMap report is included • in the DataMap Appendix. • • c:\_sage\jobs\s\s773\s773rep.doc 12 Boston Hill Road,North Andover,MA February 1999 • DataMap Summary :.:::..:::..:.....................................:...:.::..:..:..:.:::.:....................... ..................... ................................,. .�.... ............. .................. ......................... :.......:....:::::::.:::...................................:...... ....::::..::::::. p................. .':.:::::.i.::::::::.:.::.::::•::::i::::::::.::i{:��: .. ........ ........ . ..... ..i.'v..i.i.ii. ;.+ ti1 .Iei..l .. : : :; : ...is..�....:..�..j..i..:.:::.::i...:.:i.:::::..:i.. :.i..:.i:.�....i..i....i.i..i..i.i...i.i..i.i.i..i..i.:.:.::::..:i.. • > e'`< NI NI Boston Hill NI NIABC Bus Co. NI NI Boston Hill NI Ski Area 0.37 mi.NW Ski Area Abutter to Abutter to NE NE NI=None Identified N=North S'=South E=East W=West NA=Not Available 3.) The Massachusetts Department of Environmental Protection (MADEP) Central Regional Division was visited in an effort to further review information pertaining to reported spills, responses, and investigations for the Site and neighboring properties. The MADEP correspondence for the Boston Hill Ski Area indicates that two USTs were removed from the property in 1988, but apparently no confirmatory samples were collected at that time. Soil borings and groundwater monitoring wells were advanced at this property in January 1997, and conditions requiring 120-day notification was discovered. ENPRO prepared a Release Abatement Measure (RAM) and proposed to remove up to 200 cubic yards of impacted soil during which groundwater would be pumped and treated. Following'removal of impacted soil and groundwater, downgradient groundwater samples were • proposed to determine effectiveness of remedial activities. No additional information was available regarding'conditions at this property. However, based on the downgradient topographic location of this property with respect to the subject property, this property does not appear to present significant risk of environmental impairment to the Site. • The MADEP correspondence for ABC Bus Co. indicates that Total Petroleum Hydrocarbons (TPH) were detected in subsurface soil and groundwater samples in the area of four existing 10,000-gallon fuel oil USTs in 1990. Foster Wheeler determined that the property presented "No Significant Risk" to human health or • the environment but that an Activity and Use Limitation (AUL) would be necessary in order to protect human health from future indoor inhalation exposures. Additional investigations were performed at the property.' CSE determined that a condition of "No 'Significant Risk" was achieved by demonstrating that the conditions at the disposal site were below Massachusetts • Contingency Plan (MCP) Risk-Based Standards. Due to the topographically 0 c:\ sage\_iobs\s\s773\s773rep.doc 13 Boston Hill Road,North Andover,MA February 1999 • downgradient location of this property with respect to the subject property and the northeasterly direction of groundwater flow, this property does not appear to present significant risk of environmental impairment to the Site. 4.) According to Mr. Ben Farnum, one out of service UST is located on the subject property. Two propane ASTs are also located on the subject property. No indications of releases or recognized environmental concerns were noted during the Site inspection. Based upon the data reported during the course of this assessment, no information was made available to indicate that releases of oil and/or hazardous materials have been reported for the Site. Recognized environmental conditions, as defined by ASTM, include UST and transformer use. Additionally, city directories reference "radioactivity" during the period of Marine Corp usage. Based upon this information, further Phase Ii study (soil and groundwater testing) is advised if excavations are planned during PCS development. • 6.0 LIMITATIONS Data obtained from public agencies, site inspections and data mapping sources was used in the characterization of this Site. The accuracy of the conclusions derived form the data is based solely on the accuracy of the data reported and or supplied. Should data be made • available concerning the Site which is not included in this report, it should be reported to SAGE Environmental, Inc. so that findings, conclusions and/or recommendations can be altered and modified (if necessary). Events occurring on the Site after on site inspections are beyond the scope of this report. Any qualitative or quantitative information regarding the Site which was not available to SAGE Environmental Inc. at the time of this assessment may result in a modification of the representations made in this report. Under the terms of the agreement no attempt was made to determine the compliance or • regulatory status of present or former owners or operators of the Site with respect to federal, state, or municipal environmental or land use laws or regulations. Due to the fact that geological and soil formations are inherently random, variable and indeterminate (heterogeneous) in nature, the professional services and opinions provided • c: s \ e\ 'obs\s\s 73 _ a g 7 \s773re .doc 14 Boston Hill Road,North Andover,MA February 1999 • by SAGE Environmental under our agreement are not guaranteed to be a representation of complete Site conditions, which are variable and subject to change with time or the result of natural or man-made processes. Although our services are extensive, opinions findings and conclusions presented are limited to and by the data supplied, reported and obtained. • As analytical testing is not part of the Phase I process, no analytical testing was conducted during this assessment. Additionally, this study did not include (unless specifically stated in the proposal) testing for radon,lead, asbestos, radioactivity, electromagnetic fields, or formaldehyde. SAGE Environmental, Inc. makes no expressed or implied representations, warranties or guarantees regarding any changes in condition of the premises after the date • of the on-Site inspection(s). SAGE Environmental, Inc. has retained a copy of this report. No deletions or additions are permitted without the written consent of SAGE Environmental, Inc. Data, maps and figures contained within this report are not suitable for use in its present form, for any ongoing or pending litigation. Use of this report in whole or in part,by parties other than • those authorized by SAGE Environmental, Inc. is prohibited. • • • • • c:\—Sage\e\ obs\ \s773\s773ra .doc 15 hXr F PN a �a yt n � �A F j t NEPA ENVIRONMENTAL EVALUATION j, Boston Hill y 1� � Boston Hill Road North Andover, Massachusetts ` C� , Site No. E-424.2 ` + +� 44 East Ave. MTV': Y agp, r f- # tx Pawtucket � Rhode Islands# { g - 02860 z # r + FOR: M� Mr. Sam El-Khairi You x . t x AT&T Wireless ' A SAGE 400 Blue Hill Drive s v i ENVIRONMENTAL Westwood MA 02090 At SAGE Project No. N662 r��, zti February 1999 } gz7 X K x ¢ h 4"'a *41 az— �f d f"x� C NEPA Checklist Site Reference Number: E-424.2 Site Type Site Address: Boston Hill (SSLP Tower/collocated Tower/Rooftop/Other) Boston Hill Road North Andover,Massachusetts Yes No Unk 1. Is the proposed facility located in an officially designated wilderness area. X 2. Is the proposed facility located in an officially designated wildlife preserve. X 3. Will the proposed facility likely affect threatened or endangered species or X designated critical habitats. 4. Will the proposed facility likely jeopardize the continued existence of any X proposed endangered or threatenedspecies. i 5. Will the proposed facility likely result in the destruction or adverse modification X of proposed critical habitats(as determined by the Endangered Species Act of 1973). 6. Will the facility affect districts,sites,buildings,structures or objects,significant X in American history,architecture,archeology,engineering or culture,that are listed(or eligible for listing)in the National Register of Historic Places. 7. Will the facility affect Indian religious site(s). X 8. Is the facility located in a flood plain. X 9. Will the construction of the proposed facility involve significant change in X surface features(e.g.wetland fill,deforestation or water diversion). 10. Is the proposed facility located in a residential neighborhood and is required to X be equipped with high intensity white lights(as defined by local zoning laws). If any of the above questions result in a"Yes"answer,an Environmental Assessment must be prepared and filed • with the FCC. Construction may not start on any of the sites prior to receipt of a finding of no significant impact by FCC. RF Exposure Screening Under NEPA 1. Will the proposed NON-ROOFTOP facility equal or exceed total power (of all channels)of 2000 Watts ERP(3280 Watts EIRP)and have antennae S located less than 10 meters above ground,level. 2. Will the proposed ROOFTOP facility equal or exceed total power (of all channels)of 2000 Watts ERP(3280 Watts EIRP). If"Yes" is the answer to either of the two RF Exposure questions,an evaluation must be performed to determine if + AT&T Wireless Services exceeds the FCC's RF exposure limits. Corrective action as prescribed by AT&T Wireless Services procedures shall be taken whenever such limits are found to be exceeded. For purposes of determining"total power of all channels",the sum of all cellular(Part 20), (Part 24)and SMR(Part 90)channels operating on the same collocated site shall be used in the calculation. A copy of this checklist.and any EAs, evaluations and/or corrective measures shall be documented to the MTA file on each site. The undersigned have taken the appropriate steps to screen this site for the NEPA criteria.above. Signed: MTA Director Date: Print Name: MTA Name: • C:sage J obs\n\n662\nepack 4 SAGE • ENVIRONMENTAL NEPA Environmental Evaluation • of Boston Hill Boston Hill Road North Andover, Massachusetts • Site No. E-424.2 • Prepared for. Mr. Sam:El-Khairi AT&T Wireless • 400 Blue Hill Drive Westwood, Massachusetts 02090 • Prepared by: SAGE Environmental,Inca • 44 East Avenue Suite 209 Pawtucket,Rhode Island 02860' SAGE Project No.N662 • February 1999 • 44 East Avenue Connecticut Pawtucket, Rhode Island 02860 Massachusetts 401-723-9900 New York FAX 401-723-9973 Rhode Island sage@ids.net Virginia- • • TABLE OF CONTENTS 1.0 INTRODUCTION..................... ........... ............................. .................. 1 2.0 EXECUTIVE SUMMARY............................. .............2 2.1 Wilderness Areas.............................. ......... ......... ..............................................2 2.2 Wildlife Preserves.................... ......... .................. .................... .........................2 2.3 Proposed,Threatened or Endangered Species/Critical Habitats....................3 2.4 Historic Places...... .................... ......... .......... ..... . .................. ......... ...............3 • 2.5 Indian Religious Sites •••4 2.6 Flood Plains....................... ...... ................. .. ......... ..............................................4 2.7 Construction Activities and Alterations to Surface Features .........................4 2.8 Lighting............................ ......... ........... ..... ............ ...... ....................................4 3.0 FINDINGS .................................................... .........................................4 • APPENDIX A REFERENCES APPENDIX B MASSACHUSETTS HISTORICAL COMMISSION • CORRESPONDENCE APPENDIX C MASSACHUSETTS GEOGRAPHIC INFORMATION SYSTEM (GIS) SEARCH • APPENDIX D PROPOSED SITE DEVELOPMENT PLANS • • i • SAGE ENVIRONMENTAL • NEPA Environmental Evaluation Boston Hill Boston Hill Road North Andover,Massachusetts Site No. E-424.2 1.0 INTRODUCTION All antennae structures must comply .with the National Environmental Protection Act (NEPA) as a component of FCC licensing 'requirements. The FCC's rules place the responsibility on each applicant to investigate all potential environmental effects. i SAGE Environmental, Inc. (SAGE) was retained by AT&T Wireless to evaluate a portion of Boston Hill, Boston Hill Road, North Andover, Massachusetts (see Figures) for the presence of, and potential significant impact to, environmental and/or'cultural issues as specified in 47 CFR Ch. 1 §1.1307 sections(a) and (b). These issues include but are not limited to: (1) Facilities that are to be located in an officially designated wilderness area. (2) Facilities that are to be located in an officially designated _S wildlife preserve. (3) Facilities that: (I) May affect listed threatened or endangered species or designated critical habitats; or (ii) are likely to jeopardize the continued existence of any proposed endangered or threatened species or likely to result in the destruction or adverse modification of proposed critical habitats, as determined by the Secretary of the Interior pursuant to the Endangered Species Act of 1973. (4) Facilities that may affect districts, sites, buildings, structures or objects significant in American history, architecture, archeology, engineering or culture, that are listed, or eligible for listing in the National Register of Historic Places. (See 16 U.S.0 4704v; 36 CFR 60 and 800). (5) Facilities that may affect Indian religious sites. (6) Facilities to be located in a flood plain (see Executive Order 11988). (7) Facilities whose construction will involve significant change in surface features (e.g., wetland fill, deforestation or water diversion): (In the case of wetlands on Federal property, see Executive Order 11990). (8) Antenna towers and/or supporting structures that are to be equipped with high intensity white lights which are to be located in residential neighborhoods, as defined by the applicable zoning law. SAGE ENVIRONMENTAL cAsage\jobs\N662\N662fu11 1 • • 2.0 EXECUTIVE SUMMARY SAGE reviewed data made available and/or interviewed agency personnel regarding environmental and cultural issues specified in 47 CFR Ch. 1. §1.1307 sections(a) and(b) • which may be significantly impacted from the planned site development activities. Based on data reviewed and/or agency personnel interviewed, proposed site development activities do not appear to present a significant impact relative to noted environmental and/or cultural issues. • 2.1 Wilderness Areas SAGE contacted the following agencies and/or reviewed information or interviewed personnel with respect to known Federal, State or Locally designated wilderness areas. • US Fish&Wildlife Service Massachusetts Fish& Wildlife Service Massachusetts Natural Heritage Atlas(1997-98 ed.) Based on our review of data made available and/or interviews with agency personnel, the site does not appear to be located in or adjacent to an officially designated wilderness area. 2.2 Wildlife Preserves i SAGE contacted the following agencies, interviewed personnel and/or reviewed data made available by same with respect to Federal, State= or Locally designated wildlife preserves. • > US Fish& Wildlife Services ➢ Massachusetts Division of Fish& Wildlife ➢ Massachusetts Department of Environmental Protection Massachusetts Natural Heritage Atlas(1997-98 ed • Based on our review of data made available and/or interviews with agency personnel, the site does not appear to be located in or adjacent to an officially designated wildlife preserve. SAGE ENVIRONMENTAL c:\sage\jobs\N662\N662fu11 2 • 2.3 Proposed, Threatened or Endangered Species/Critical Habitats SAGE contacted the following agencies and/or reviewed data made available by same with respect to known Federal, State or Locally designated, proposed, threatened or endangered species or critical habitats. • ➢ US Fish& Wildlife Services ➢ Massachusetts Division of Fish& Wildlife ➢ Massachusetts Department of Environmental Protection ➢ Massachusetts Natural Heritage Atlas (1997-98 ed.) A review of data made available and/or interviews with agency personnel revealed that the site does not appear to be located in or adjacent to an officially designated proposed, threatened or endangered species or critical habitat. Proposed site development activities are unlikely to jeopardize the continued existence of any proposed endangered or • threatened species nor are activities likely to result in the destruction or adverse modification of proposed critical habitats, as determined by the Secretary of the Interior pursuant to the Endangered Species Act of 1973. 2.4 Historic Places SAGE contacted the following agencies, interviewed personnel and/or reviewed data made available by same relative to Federal, State and Local locations significant in American history, architecture, archeology, engineering or culture. ➢ Massachusetts Register of Historical Places, 1996 including: National Register of Historic Places which includes the National Register District, National Register Individual Property, National Register Multiple Area, National Register Multiple Resource Area, National Register Thematic Resource Area, National Register ! Multiple Submission, Determination of Eligibility; Massachusetts Archeological/Historical Landmarks; Local Landmarks; Local Historic District; Regional Historic District and Preservation Restriction ➢ Massachusetts Historic Inventory Based on our review of data made available and/or interviews with agency personnel, proposed site development activities do not appear to objectionably impact districts, sites, buildings, structures or objects significant in American history, architecture, archeology, engineering or culture, that are listed, or eligible for listing in the National Register of Historic Places. (See 16 U.S.C. 470w; 36 CFR 60 and 800): SAGE ENVIRONMENTAL cAsage\jobs\N662\N662fu11 3 - 0 2.5 ndian Religious Sites I 0 SAGE contacted and/or reviewed data made available by the Massachusetts Historical Commission with respect to Indian religious sites. Based on our review of data and/or interviews with Commission personnel, the site does not appear to reside in or be adjacent to an Indian religious site and therefore does not appear to affect same. 2.6 Flood Plains SAGE re%iewed the Federal Emergency Management Agency (FEMA) Flood Insurance Maps relative to the site's proximity to known flood plains. Based on our review of this 0 map,the site is situated in an area of minimal flooding. 2.7 Construction Activities and Alterations to Surface Features SAGE was provided with proposed site development plans by AT&T Wireless' • representatives. Planned site development activities reportedly include minimal clearing and grubbing resulting in minimal deforestation. Reportedly, no filling of wetlands or water diversions are planned for site development activities. M 2.8 Lighting SAGE was provided with proposed site development plans by AT&T Wireless' representatives. The site is not located in or adjacent to a residentially zoned area. According to site development personnel, no high intensity white lights are planned for • the structures proposed at the subject site. The proposed site is located in an area zoned (LI) Limited Industry. Abutting properties are commercial. Zoning requirements suggest that the use of high-intensity white lights may be necessary. 0 3.0 FINDINGS SAGE reviewed available data and/or interviewed agency personnel regarding environmental and/or cultural issues specified in 47 CFR Ch. 1. §1.13 07 sections (a)and (b) as detailed above to determine whether site development activities would 0 objectionably impact the noted issues. Based on a review of data and/or interviews with agency personnel, proposed site development activities do not appear to present a significant threat relative to noted environmental and/or cultural issues. • SAGE ENVIRONMENTAL c:\sage\jobs\N662\N662fu11 4 • REFERENCES • Executive Office of Environmental Affairs,MassGIS DatalMer Descriptions and Guide to User Services, Boston, MA. Executive Office of Environmental Affairs, Massachusetts Geographic Information System (GIS), (see attached). • Massachusetts Division of Fisheries and Wildlife,Natural Heritage&Endangered Species Program, Westborough, MA. National Geographic Society, Federal Lands in the Fifty States,Washington, D.C., October 1996. U.S. Department of the Interior,National Park Service, Massachusetts Historical Commission. State Register of Historic Places 1996, Washington,D.C. • U.S. Department of the Interior, U.S. Fish and Wildlife Service,Endangered Species, Washington, D.C. U.S. Department of the Interior,U.S. Fish and Wildlife Service, Endangered Species, General Information, Washington, D.C. • U.S. Department of the Interior, U.S. Fish and Wildlife Service,National Wildlife Refuges Washington, D.C. U.S. Department of the Interior, U.S. Fish and Wildlife Service,Placing Animals and Plants on the List of Endangered and Threatened Species, Washington,D.C. • U.S. Department of the Interior, U.S. Fish and Wildlife Service, The National Wildlife Refuge System, Washington, D.C. U.S. Department of the Interior, U.S. Fish and Wildlife Service, Why Save Endangered • Species?, Washington,D.C. U.S. Government, Code of Federal Regulations, Washington, D.C. • i SAGE ENVIRONMENTAL c:\s age\jobs\N 662\N 662 fu 11 • SAGE • ENVIRONMENTAL January 20, 1999 Ms. Karen Parker ti £C • Massachusetts Historical Commission 220 Morrissey Boulevard Boston, Massachusetts 02125 RE. Telecommunications Project . . -�, • Section 106 Review � .. r Boston Hill Boston Hill Road JAN 2 5 ' North Andover, Massachusetts ASS. HIST. CONJI11 • Dear Ms. Parker: Attached to this correspondence, please find a site map and a site development plans associated with the referenced telecommunications project. SAGE forwards this information to you seeking your review of potential, objectionable impact to historic . sites,historic districts or archaeological sites resulting from proposed site development. We understand that your office will respond in writing within thirty days. Please feel free to contact either of us should you have any questions or concerns. Thank you for your time and efforts in these matters. • Sincerely, SAGE Environmental, Inc. Cathy A. Co,4n Sean Carr Administrative Scientist NEPA Specialist Afrer review of MHC files and the matorlai you submitted, it has been daten-nine-d that Attachments this project is unlikely to affect si5oi icant historic r archaeological resources. Karen A. Parker Date Preservation Planner • Massachusetts Historical Commission tLFTC 44 East Aven �,[ tftC6tt4F«-`. Pawtucket, Rh island 0286u ' rV�� Massachusetts awtuc ode 401-723-9900 New York FAX 401-723-9973, Rhode Island • CAsage\jobs\n\at&t\rnhc\mhc 1-20-99N662sageC�ids.net Virginia SAGE Environmental, Inca Full AEPA Evaluation 100 Y ear Rood Rain, Landuse, &Qpen Space Site : Boston Hill Boston Hill Road North Andover, MA loo-ywPmVai, W Ref. No. E424.22 R Fared Water • N Corlservedw —� HstaicaUQ#tral bon • Subject Site with 500 foot Source: MASS Exec. Office • and 1/2 mile radii. of Env. Affairs, MASSGIS 400 0 400 800 Meters Coords: State Plane Meters NAD 83 Date: 1/29/99 _J • • q Y • sAGEEn,dronnwnta1,, Inc. Full AEPA Evaluation Rare& Enda ed S 'es Habitat Site : Boston Hill �r Boston Hill Road State Routes North Andover, MA High ways Ref. No. E424.2 Roads Areas of Critical Env. Concern * - N Rare Wetland Wildlife Priority Habitat Certified Vernal Pods # Subject Site with 500 foot Source: MASS Exec. Mice • and 1/2 mle radii. of Env.Affairs, MASSGIS 400 0 400 800 Meters Coords: State Plane Meters NAD 83 Date: 1/29/99 f � .. Ln -� i e 1 ST 9l p O Boston Hill Road, North Andover, MA T ST J APPL �t O M e mac College BPS • Jv FO�� BOXF R > RE b la N Woodchuck Hill �m N Cla it y � W I o �u cf tCCD x Pine pAAR�N �Q o° s9 G O 12 A E TA N 5 O 1p _I' 38.819' TURr E a o I W71°05.412' eordaStatio� ABbstoata ,t. 9 ngalls Station a q T R 125 Holt Hill � Z � Farn i amums Mill Pond Dam g1lNSON �� � BLUE RRY ILL Mag 14.00 EBERR w Fri Jan 29 14:18 1999 B GRAY A Scale 1:31,250(at center) A f s9l DEL s $ 0 200 i 0 1 ETE y M �.n `" <x mo 1000 Meters O 6 R At B 0 �O Y Harold P eP�o o ° bio �0 5 o Secondary SR,Road,Hwy Ramp PIN C ST S L G �State Route PQ ga O (gal n r N Primary State Route \G� B and ■ Point of Interest a ' A Summit I o e Park or Reservation co ° Locale o Br c rackett Pond Dam yt . HA OLD PARKE �j $udd and C 1995 eLorm 02/10/1999 20:16 7814318710 ALACTRONICS PAGE 02 • 4 `MI. . t 92 �Nca , 1A.0181 Fe. ruary 10, 199 Sam E1 0 -AT&T Wirewss.Services . 4AO Blue:Hill trive,«sine West'c�Vood, :MA _ Dear.Sam,. Herr]are the t'esitlts of my noise ii�hpact s€udy f©r the North Ant peer.lsostvt Hill Il r ad:site. 1'was able ta'acgwire .. good.field data.:at ppr x�mately S 30PM oiltt Febfugry 10, 1999 Thea iei�t avise;levels were.mea nred and are shown below; The slid lane represeicts the ove thrid Octave banrd leve ls.of-the.ainbiwit noi%-90rcected for�tstance tvpproxiniate the ctilalttions at the nearest prvperCy ltne: ..T dashed line repxcsents`the predicted wars case noise>l vels t17at will be eox tributed by the A'I 4T equiprtsent.st" • the nearest .pitoprcy Titre Sound, Pre$sure .evel:..26 . • 3i.5 ._4Q' :. 50 i 83 '$0 fpp !?!f' ..169 . 200 �$0 31b 4fl0' SOQ. 84 r$49 . ik Fni9u9r►cy' AmbiantLd�. - Prddiatod.NorseImpact from AT&T - As--can bee seetx,there is�a si.grii�cant difference bf 15 dB:W22 et*ceii the ambient and the ptecitcted.,noise itiipact from tle'AT+&T.equrptnent: Under:these cindtttciisx ibe1' `&T equipment naYse wilt be sigrrificantly"lower than the ambit cOndiflon .. . Please feel free to call.if you.:h i any yueation' or.if I can be of further assistance. Sincerely, • :Bob Alach FEB 10 199 20:44 7814318710 PAGE.02 • SRS ENGINEERING APPLICATIONS, INC. Applying Technology 75 Clark Lane,Colchester,CT 06415 Phone:(860)537-6647 Fax: (860)537-6647 E-maA: stan—s@cyberzone.net V-mail: (860)722-3398 February 12, 1999 Letter ser.: 0210-001 Sam EI-Khairi AT&T Wireless Services, Inc. 400 Blue Hill Drive Suite 100 Westwood, MA 02090-2161 • Dear Mr. EI-Khairi: am pleased to forward the attached copy of the analysis report on "Evaluation of the Electromagnetic Signal Profile near the Proposed PCS Wireless Radio Link Located at Boston Hill Road,North Andover, MA." If you have any comments or questions, please feel free to contact me. Sincerely, • Stanley Sherman NARTE Certified Electromagnetic Compatibility Engineer • • I• • Prepared for AT&T Wireless Services, Inc., February 12, 1999 • f Evaluation of the Electromagnetic Signal Profile near the Proposed PCS Wireless Radio Link Located at Boston Hill Road, North Andover, MA a * Prepared by Stanley Sherman NARTE Certified EMG Engineer SRS Engineering Applications, Inc. Introduction: This report documents the electromagnetic signal level analyses performed for the `0 PCS wireless radio link AT&T Wireless Services, Inc. proposes to install at Boston Hill Road, North Andover, MA. In addition, this report documents baseline Radio Frequency (RF) measurements taken near the proposed facility. Executive Summary: When AT&T Wireless Services designs and operates a Wireless PCS radio link, all applicable Federal and State regulations must be met. The Federal Communications Commission (FCC) and the Massachusetts Department of Public • Health (MDPH) are the agencies that regulate radio frequency emissions in Massachusetts. The results of the analyses documented in this report attest.that the electromagnetic signals to be broadcast from the transmitting antennae will be well within the safety limits established by the MDPH and the FCC. The'predicted maximum power density of the signals to which people could be exposed from the • proposed installation will be less than 0.07% of these safety limits. Electromagnetic energy measurements were conducted at several locations near the proposed installation. The results of the measurements attest that the sums of the power densities of the RF signals measured at each of the locations evaluated were • less than 4% of the MDPH and the FCC safety limits; moreover, when the predicted maximum power density level from the proposed AT&T Wireless facility is added to the highest combined sum of all the locations measured at the site, the result is still less than 4% of these safety limits. • Background: In recent years, controversy in the news media regarding electromagnetic energy and health concerns has been eye catching. It is comforting not to be able to find • any repeated and validated studies that have shown conclusively(either statistically or through a cause-effect relationship) that electromagnetic energy of the type and magnitude resulting from the operation of a PCS or cellular radio link is related to adverse health issues. • On July 10, 1996, the National Cancer Institute published a press release that cited a National Academy of Sciences Study. The press release disclosed a 20-year follow-up study of 20,000 US Navy personnel to determine whether sailors exposed to RF signals from radar installations were more likely to get cancer than 20,000 sailors with no or minimal radar exposure. The press release stated that the study • "... found no association between radar exposure and cancer."' I ® 1 i The Institute of Electrical and Electronic Engineers (IEEE) has published position papers addressing the issue of health and electromagnetic energy of the type we are considering. In one paper the text specifically addresses cellular base station • antennae. In this paper it is stated, "...the power densities associated with cellular radio cell-site antennas to which the public maybe exposed are not significantly different from RF background levels in urban areas which are produced by radio and television broadcast stations based on this comparison, cellular communications base station emissions are safe for the general population."Z' Another paper 0 addresses Radio Frequency Electromagnetic(RFEM)fields in general; it states, "There is no scientific evidence to support the proposition that continuous exposure to low intensity RFEM fields results in damage, irreversible or otherwise, to biological molecules and tissues.»s r The International Committee on Non-Ionizing Radiation Protection (ICNIRP) published a statement in April 1996, which contained the following statements°: • "The scientific literature on the biological effects of RF fields (including microwaves) has been reviewed extensively (Saunders et al. 1991; NRPB ! 1992,1993; UNEP/WHO/IRPA 1993)." • "The scientific evidence indicates that exposure to RF fields is not mutagenic and is therefore unlikely to act as an initiator of carcinogenesis (IEEE 1992; NRPB 1992; Cridland 1993; UNEP/WHO/IRPA 1993),» • "Review groups evaluating the state of knowledge about possible links between RF exposure and excess risk of cancer have concluded that there is no clear evidence for this (IEEE 1992; NRPB 1992; UNEP.IWHO/IRPA 1993)." • "The United Kingdom NRPB advisory group on non-ionizing radiation concluded ! that there is no firm quantitative evidence of a carcinogenic hazard from electromagnetic field exposures for the general public and workers in the electrical, electronics, and telecommunications industries(NRPB 1992)." Even as late as 1996, a report published by Lai & Singhs suggested there may be a link between low level Radio Frequency (RF) energy and changes to DNA in rats. A- direct attempt to repeat their findings was unsuccessfull6; moreover, three other subsequently published studies''6,&9 have resulted in conclusions that there is no evidence of genetic damage as a result of low lever RF energy. ! Section 704 (b) of the Telecommunications Act of 1996 required the FCC to prescribe and make effective rules regarding the environmental effects of radio frequency emissions. The result of this requirement is documented in FCC report 96-32610. Included in the report are the Maximum Permissible Exposure limits of the power density of signals that the public can safely be exposed to in uncontrolled ! areas. The FCC based these limits on those established by the National Council on Radiation Protection and Measurements (NCRP), The IEEE, and The American National Standards Institute (ANSI). Furthermore, these limits are based on ! 2 • recommendations made by health and safety agencies such as the Environmental Protection Agency (EPA) and the Food and Drug Administration (FDA). • Presentation of Predictive Analysis: Assumptions: • Of the antennae proposed for this installation, three will be three transmit antennae that will be mounted approximately 125 feet above ground level to an existing steel tower attached to the roof top of an existing building; these antennae are proposed to be Algon AWS9016.02D sectored transmitireceive antennae. Each of these three transmit/receive antennae will be directed in a different 120-degree direction (one will be pointed toward 300 True North {TN), one will be pointed toward 1500 TN, and the third will be pointed at 2700 TN). The maximum power transmitted by each antenna will be no more than 1,560 W Effective Radiated Power (ERP). Contribution. of the ground wave to the direct space wave and the ground-reflected space wave will be negligible due to the height of the antenna and the frequency of the broadcast • signal. It was assumed that the wave reflecting off the ground would add linearly, unattenuated, and in phase with the wave arriving directly from the antenna (a worst- case condition). It was further assumed that there would be no obstructions to attenuate the signal broadcast from the antenna and that the position of interest is within horizontal main beam of the antenna. The results of these approximations • and assumptions make the predicted signal levels much more conservative (higher) than the actual signal levels will be from the operating installation. Results: • The power densities were calculated for flat terrain horizontal distances from the installation at heights of 6 feet (head height) and 16 feet (height of a second floor residence). Figure 1 illustrates the maximum power density levels one could expect in the main beam (H-plane) of the transmit antennae 6 feet and 16 feet above the ground as one moves away from the installation. As can be seen in figure 1, the theoretical maximum signal level that the general public could ever be exposed to from the antennae is approximately 0.7 µW/cm2; this value is 0.07% of the 1000 µW/cm2 level established as safe by the MDPH and the FCC10. Also, it can be seen from Figure 1, the peak signal strength will actually vary significantly up to approximately 900 feet from the proposed installation. The variation is a result of the change of the downward angle from the antennae as one moves away from the installation, the attenuation of Radio Frequency (RF) signals with distance, and the focusing or "beam" pattern of the antennae. The maximum signal level is predicted to occur approximately 190 feet from the proposed installation within the main horizontal beam of each of the three transmit antennae: • • 3 o ► 1 b GS .:i. 1 . i3 3 4 34� 1�+€5 p �D$S b #� QU A a Q , , Figure 1 — Predicted Signal Strengths for Flat Terrain • Presentation of Measurements: Narrow-band measurements using a dual-band omni-directional antenna (vertical antenna pattern data are included as attachment A) and spectrum analyzer were taken from 800 — 900, 900 -1000 MHz, and 1,000—2,500 MHz to characterize signals detected in the measurement locations. The noise floor of the analyzer was —69 dBm,and only those readings that were-66 dBm or higher were recorded. For each measurement the 'peak hold''function of the spectrum analyzer was utilized to ensure a maximum worst-case reading. The values were sampled, and the display was watched to make sure the peak values had stopped rising before the measurements were recorded, thus ensuring the highest values reached would be the ones to be recorded. Location 1 was as close as possible the test equipment could be practically placed near the building on which the antennae are proposed to be mounted. Location 2 was as close as possible to the closest point from the proposed installation on the boundary that the test equipment could be practically placed. Location 3 was chosen as a point within the main horizontal beam of the antennae proposed to be facing 30 degrees TN. Location 4 was chosen at • approximately 190 feet and 30 degrees TN from the building on which the antennae are proposed to be mounted; this is where calculations predict the highest power densities from the proposed antennae will occur. Position 5 was at the first locked gate one encounters when traveling to the site on the access road. • Tables 1 through 5 summarize the results of the measurements and the data reductions. In keeping with standard practice, the net relationship of all the signals to their limits was found by calculating the percentage of the limit at each frequency and then summing all the individual percentages and comparing the summed • 4 • percentage to 100%. As can be seen from the tables, the highest summed percentage occurred at Location 3. For comparison purposes, figure 2 depicts the percentage of the appropriate limit for signal levels one could expect from common electronic devices currently found in every-day life and compares them with the predicted maximum levels from the proposed antennae. Although there are differences in frequency of PCS signals from these other sources, it is still informative to review the relative percentages to • develop an understanding of the relatively small signal levels that will be added by the proposed installation, it i Y �• f } Y / }y � 41af} :: S } {. }F h ..,.,':. . r r s o r • $baa , : •.;,.;:: •.::. ... ,::,}... .} ..:::... :.... .? . y+ x ti } } } } Y ? a l}'lP ?.. }w } t .; ,yam p } y { x}•111IU1� '4- '1�WIr\K r P1 ix r? r x 'a: i tL '�f.. T ,yFd �•{` w � � � ♦! '� # { - V Yt}.�T y+�{ +tet�.5 :, }yL}r }, }$ 1 0 Figure 2 - Comparisons Conclusion: 0 The combination of the existing measured RF electromagnetic energy withthe predicted maximum electromagnetic energy from the proposed PCS radio link at Boston Hill Road, North Andover, MA is well below the limits the MDPH and the FCC have established for safe continuous exposure to the general public. Based on the results and the references documented in this report, it is concluded that the • electromagnetic signal levels resulting from this installation will be well under the levels established as safe. • 0 5 , • • • • • • • • Center Frequency of Antenna(MHz) 859 Gain of antenna used(in dBd): 0 dB(cellular)&3 dB(PCS) Wavelength of center frequency(Meters): 0.35 From Effective area of 1/2 wave dipole: 0.0159181 Formula: 1.64"((wavelength)2)/(4*PI()) Approx. Angle- Measured Measured Frequency Approx. Approx. Analyzer Analyzer Distance Frequency Adjusted Ant. Power Power Adjusted Percent of from Angle to Angle from of Source Gain of Reading Reading Effective Density Density Limit Limit: dBm Source: Source: Vertical Antenna (mW) (W) Area(M) z 2 ( ) (W/M ) (uW/M ) (uWlcm2): -37 22 73 17 1979.0 -3.5 0.0002 2E-07 0.00711 2.81 E-05 0.002806 1000 0.0003% -561 22 73 171 1293.0 -3.5 2.51 E-061 2.51 -091 0.007111 3.53E-07 3.53E-05 862 0.0000% -56 22 73 171 952.5 -3.5 2.51 E-06 2.51 E-09 0.00711 3.53E-07 3.53E-05 635 0.0000% -58 22 73 171 940.7 -13.5 1.58E-06 1.58E-09 0.000711 2.23E-06 0.000223 627 0.0000% -63 22 73 171 937.7 -13.5 5.01 E-07 5.01 E-10 0.000711 7.05E-07 7.05E-05 625 0.0000% -58 22 73 17 936.0 -13.5 1.58E-06 1.58E-09 0.000711 2.23E-06 0.000223 624 0.0000% -24 22 73 17 931.5 -13.5 0.003981 3.98E-06 0.000711 0.005599 0.559699 621 0.0902% -17 22 73 17 930.2 -13.5 0.019953 2E-05 0.000711 0.028061 2.806143 1 620 0.4525% -44 22 73 17 893.8 -13.5 3.98E-05 3.98E-081 0.000711 5.6E-05 0.005599 1 596 0.0009% -34 22 73 17 892.0 -13.5;0.0003 3.98E-071 0.000711 0.00056 0.05599 595 0.0094% -34 22 73 17 891.3 -13.5 0.000398 3.98E-07 0.000711 0.00056 0.05599 594 0.0094% -45 22 73 17 883.0 -13.5 3.16E-05 3.16E-08 0.000711 4.45E-05 0.004447 589 0.0008% -34 22 73 17 880.8 -13.5 0.00039 3.98E-07 0.000711 0.00056 0.05599 587 0.0095% -49 22 73 17 876.5 -13.5 1.26E-05 1.26E-08 0.000711 1.77E-05 0.001771 584 0.0003% 47 22 73 17 875.8 -13.5 2E-05 2E-08 0.000711 2.81 E-05 0.0028061 584 0.0005% 45 22 73 17 875.0 -13.5 3.16E-05 3.16E-08 0.000711 4.45E-05 0.004447 1 583 0.0008% -46 22 73 17 872.0 -13.5 2.51 E-051 2.51 E-08 0.000711 3.53E-05 0.003533 581 0.0006% 41 22 73 171 870.0 -13.5 7.94E-05 7.94E-08 0.000711 0.000112 0.011171 580 0.0019% -51 22 73 171 868.0 -13.5 7.94E-06 7.94E-09 0.0007 11 1.12E-05 0.001117 579 0.0002% -36 22 73 17 866.0 -13.5 0.000251 2.51 E-07 0.0007111 0.000353 0.035327 577 0.0061% -33 22 73 17 864.8 -13.5 0.000501 5.01 E-07 0.00CY7 11 0.000705 0.070487 577 0.0122% -25 22 73 17 864.0 -13.5 0.003162 3.16E-06 0.0007111 0.004447 0.444744 576 0.0772% -23 22 73 17 862.3 -13.5 0.00501 5.01 E-06 0.000711 0.007049 0.704871 575 0.1226% -35 22 73 17 860.3 -13.5 0.00031 3.16E-07 0.000711 0.000445 0.044474 574 0.0078% -48 22 73 17 858.8 -13.5 1.58E-05 1.58E-06 0.000711 2.23E-05 0.002229 573 0.0004% -56 22 73 171 853.3 -13.5 2.51 E-06 2.51 E-09 0.000711 3.53E-06 0.000353 569 0.0001% -481 22 73 17 852.0 13.5 1.58E-05 1.58E-08 0.000711 2.23E-05 0.002229 568 0.0004% Sum: 0.8042% Table 1 location 1 6 Center Frequency of Antenna(MHz) 859 Gain of antenna used(in dBd): 0 dB(cellular)&3 dB (PCS) Wavelength of center frequency(Meters): 0.35 From Effective area of 1/2 wave dipole: 0.0159181 Formula: 1.64*((wavelength)')/(4*PI()) Approx. Angle- Measured Measured Frequency Approx. Approx. Analyzer Analyzer Distance Frequency Adjusted Ant. Power Power Adjusted Percent of from Angle to Angle from of Source Gain of Reading Reading Effective Density Density Limit Limit: dBm Source: Source: Vertical Antenna (mW) (W) Area(M)M' z 2 uW/cm2 ( (W/M ) (UW/M') ( ): -34 139 27 63 1975.0 -7.51 0.000398 3.98E-07 0.002831 0.000141 0.014064 1000 0.0014% -601 139 27 63 1293.0 -7.5 0.000001 1 E-09 0.002831 3.53E-07 3.53E-05 862 0.0000% -36 139 27 63 952.2 -7.5 0.000251 2.51 E-07 0.002831 8.87E-05 0.008874 635 0.0014%° -57 139 27 63 940.5 -10 2E-06 2E-09 0.001592 1.25E-06 0.000125 627 0.0000% -64 139 27 63 935.7 -10 3.98E-07 3.98E-10 0.001592 2.5E-07 2.5E-05 624 0.0000% -24 139 27 63 932.0 -10 0.003981 3.98E-06 0.001592 0.002501 0.250098 621 0.0403% -9 139 27 63 930.2 -10 0.125893 0.000126 0.001592 0.079088 7.908786 620 1.2753% -241 139 27 63 893.7 =10 0.003981 3.98E-06 0.001592 0.002501 0.250098 596 0.0420% -28 139 27 63 890.2 -10 0.001585 1.58E-06 0.001592 0.000996 0.099566 593 0.0168% -30 139 27 63 880.2 -10 0.001 0.000001 0.001592 0.000628 0.062822 587 0.0107% -30 139 27 63 876.2 -10 0.001 0.000001 0.001592 0.000628 0.062822 584 0.0108% -44 139 27 63 874.7 -10 3.98E-05 3.98E-08 0.001592 2.5E-05 0.002501 583 0.0004% -28 139 27 63 871.2 -10 0.001585 1.58E-06 0.001592 0.000996 0.0995661 581 0.0171°k -271 139 27 63 870.0 -10 0.001995 2E-06 0.001592 0.001253 0.1253461 580 0.0216% -19 139 27 63 865.5 -10 0.012589 1.26E-05 0.001592 0.007909 0.790879 577 0.1371% -19 139 27 63 864.7 -10 0.012589 1.26E-05 0.001592 0.007909 0.790879 576 0.1372% -16 139 27 63 863.7 -10 0.025119 2.51E-05 0.001592 0.01578 1.57801 576 0.2741% -13 139 27 63 861.7 -10 0.050119 5.01E-05 0.001592 0.031485 3.148544 574 0.5481% -27 139 27 63 860.2 -10 0.001995 2E06 0.001592 0.001253 0.125346 573 0.0219% -461 139 27 63 858.5 -10 2.511E-05 2.51 E-08 0.001592 1.58E-05 "0.001578 572 0.0003% -61 139 27 63 856.5 -10 7.94E-07 7.94E-10 0.001592 4.99E-07 4.99E-05 571 0.0000% -63 139 27 63 853.5 -10 5.01 E-07 5.01E-10 0.001592 3.15E-07 3.15E-05 569 0.0000% -46 139 27 63 852.0 -10 2.51 E-05 2.51 E-08 0.001592 1.58E-05 0.001578 568 0.0003% Sum: 2.55666A- Table .5566%Table 2 - Location 2 7 Center Frequency of Antenna(MHz) 859 Gain of antenna used (in dBd): 0 dB (cellular)& 3 dB(PCS) Wavelength of center frequency(Meters): 0.35 From Effective area of 112 wave dipole: 0.0159181 Formula: 1.64*((wavelength)2)/(4•PlO) Approx. Approx. Approx. Angle- Analyzer Analyzer Measured Measured Frequency Distance Frequency Adjusted Ant. Power Power Adjusted Percent of from Angle to Angle from of Source Gain of Reading Reading Effective Density Density Limit Limit: dBm Source: Source: Vertical Antenna (mW) (W) AreaMZ 2 z ( ) (W/M ) (UW/M2) (uW/cm2): -37 69 45 45 1975.0 -4.4 0.0002 2E-07 0.005779 3.45E-05 0.003452 1000 0.0003% -54 69 45 45 1300.0 -4.4 3.98E-06 3.98E-09 0.005779 6.89E-07 6.89E-05 867 0.0000% -53 69 45 45 952.2 -4.4 5.01 E-06 5.01 E-09 0.005779 8.67E-07 8.67E-05 635 0.0000% 56 - 69 45 45 940.5 -15 2.51E-06 2.51 E-09 0.000503 4.99E-06 0.000499 627 0.0001% -63 69 45 45 937.5 -15 5.01 E-07 5.01E-10 0.000503 9.96E-07 9.96E-05 625 0.0000% -54 69 45 45 935.5 -15 3.98E-06 3.98E-09 0.000503 7.91E-06 0.000791 624 0.0001% -16 69 45 45 931.5 -15 0.025119 2.51E-05 0.000503 0.049901 4.9901071 621 0.8036% -12 69 45 45 929.7 -15 0.063096 6.31E-05 0.000503 0.125346 12.534581 620 2.0224% -45 69 45 45 893.7 -15 3.16E-05 3.16E-08 0.000503 6.28E-05 0.006282 596 0.0011% -33 69 45 45 891.5 -15 0.000501 5.01 E-07 0.000503 0.000996 0.099566 594 0.0168% -391 69 45 45 890.7 -1510.000126 1.26E-07 0.000503 0.00025 0.02501 594 0.0042% -49 69 45 45 883.0 -151 1.26E-05 1.26E-08 0.000503 2.5E-05 0.002501 589 0.0004% -36 69 45 45 878.2 --15 0.000251 2.51E-07 0.000503 0.000499 0.0499011 585 0.0085% -43 69 45 45 876.0 -15 5.01 E-05 5.01 E-08 0.000503 9.96E-05 0.009957 584 0.0017% -44 69 45 45 871.7 -15 3.98E-05 3.98E-08 0.000503 7.91E-05 0.007909 581 0.0014% -47 69 45 45 869.7 -15 2E-05 2E-08 0.000503 3.96E-05 0.003964 580 0.0007% -25 69 45 45 865.5 -15 0.003162 3.16E-06 0.000503 0.006282 0.628217 577 "0.1089% -20 69 45 45 862.5 -15 0.01 0.00001 0.000503 0.019866 1.986597 575 0.3455% -22 69 45 45 860.2 -15 0.00631 6.31 E-06 0.000503 0.012535 1.253458 573 0.2186% -49 69 45 45 858.5 -15 1.26E-05 1.26E-08 0.000503 2.5E-05 0.002501 572 0.0004% -61 69 451 451 853.2 -15 7.94E-07 7.94E-101 0.000503 1.58E-06 0.000158 569 0.0000% -531 69 45 451 852.0 -15 5.01E-06 5.01E-09 0.000503 '9.96E-06 0.000996 568 0.0002% 1-1 Sum: 3.53480/6 Table 3- Location 3 8 Center Frequency of Antenna (MHz) 859 Gain of antenna used(in dBd): 0 dB (cellular) &3 dB (PCS) Wavelength of center frequency (Meters): 0.35 From Effective area of 1/2 wave dipole: 0.0159181 Formula: 1.64*((wavelength)2)/(4*PIQ) Approx. Angle- Measured Measured Frequency Distance Approx. Approx. Frequency Adjusted Analyzer Analyzer Ant. Power Power Adjusted Percent of Angle to Angle from Reading Reading Effective DensityDensity from Source: Vertical of Source Gain of (mW) (W) 2 tY Limit Limit: dBm Source: Antenna Area (M ) (W/M2) (uW/M ) (uW/cm2): -381 190 20 70 1971.0 -10 0.000158 1.58E-07 0.001592 9.96E-05 0.009957 1000 0.0010% -15 190 20 70 931.2 -5 0.031623 3.16E-05 0.005034 0.006282 0.628217 621 0.1012% -8 190 20 70 929.7 -5 0.158489 0.000158 0.005034 0.031485 3.148544 620 0.5080% -23 190 20 70 890.7 -5 0.005012 5.01 E-06 0.005034 0.000996 0.099566 594 0.0168% -29 190 20 70 880.0 -5 0.001259 1.26E-06 0.005034 0.00025 0.02501 587 0.0043% -30 190 20 70 879.2 -5 0.001 0.000001 0.005034 0.000199 0.019866 586 0.0034% -45 190 20 70 876.0 -5 3.16E-05 3.16E-08 0.005034 6.28E-06 0.000628 584 0.0001% -48 190 20 70 874.5 -5 1.58E-05 1.58E-08 0.005034 3.15E-06 0.000315 583 0.0001% -48 190 20 70 871.5 -5 1.58E-05 1.58E-08 0.005034 3.15E-06 0.000315 581 0.0001% -39 190 20 70 869.5 -5 0.000126 1.26E-07 0.005034 2.5E-05 0.002501 580 0.0004% -22 190 20 70 865.2 -5 0.00631 6.31 E-06 0.005034 0.001253'0.125346 577 0.0217% -26 190 20 70 864.2 -5 0.002512 2.51 E-06 0.005034 0.000499 0.049901 576 0.0087% -26 190 20 70 863.5 -5 0.002512 2.51 E-06 0.005034 0.000499 0.049901 576 0.0087% -24 190 20 70 862.7 -5 0.003981 3.98E-06 0.005034 0.000791 0.079088 575 0.0138% -18.4 190 20 70 862.2 -5 -0.014454 1.45E-05 0.005034 0.002872 0.287151 575 0.0500% -33 190 20 70 860.0 -5 0.000501 5.01 E-07 0.005034 9.96E-05 0.0099571 573 0.0017% -48 190 20 70 858.2 -5 1.58E-05 1.58E-08 0.005034 3.15E-06 0.000315 572 0.0001% -57 190 20 70 857.2 -5 2E-06 2E-09 0.005034 3.96E-07 3.96E-05 571 0.0000% -63 190 20 70 856.2 -5 5.01 E-07 5.01 E-10 0.005034 9.96E-08 9.96E-06 571 0.0000% -52 190 20 70 851.7 -5 6.31 E-061 6.31 E-09 0.005034 1.25E-06 0.000125 568 0.0000% -64 190 20 70 848.2 -5 3.98E-07 3.98E-10 0.005034 7.91 E-08 7.91 E-06 565 0.0000% Sum: 0.7398% Table 4 - Location 4 9 Center Frequency of Antenna(MHz) 859 Gain of antenna used (in dBd): 0 dB (cellular) &3 dB (PCS) Wavelength of center frequency(Meters): 0.35 From Effective area of 1/2 wave dipole: 0.0159181 Formula: 1.64*((wavelength)2)/(4*PIO) Est. Angle- Measured Measured Frequency Est. Angle Analyzer Analyzer Distance Est. Angle Frequency Adjusted Ant. Power Power Adjusted Percent of from to Source: from of Source Gain of Reading Reading Effective Density Density Limit Limit: dBm Source: Vertical Antenna (mW) (W) Area(M) (W/M2) (UW/M2) (uW/cm2): -67 400 10 80 940.5 -2 2E-07 2E-10 0.010044 1.99E-08 1.99E-06 627 0.0000% -63 400 10 80 937.5 -2 5.01 E-07 5.01 E-10 0.010044 4.99E-08 4.99E-06 625 0.0000% -59 400 10 80 935.5 -2 1.26E-06 1.26E-09 0.010044 1,25E-07 1.25E-05 624 0.0000% -55 400 10 80 932.0 -2 3.16E-06 3.16E-09 0.010044 3.15E-07 3.15E-05 621 0.0000% -55 400 10 80 931.2 -2 3.16E-06 3.16E-09 0.010044 3.15E-07 3.15E-05 621 0.0000% -43 400 10 80 929.7 -2 5.01 E-05 5.01 E-08 0.010044 4.99E-06 0.000499 620 0.0001% -62 400 10 80 890.0 -2 6.31 E,07 6.31 E-10 0.010044 6.28E-08 6.28E-06 593 0.0000% -63 400 10 80 880.0 -2 5.01 E-07 5.01 E-10 0.010044 4.99E-08 4.99E-06 587 0.0000% -66 400 10 80 865.5 -2 2.51 E-07 2.51 E-10 0,010044 2.5E-08 2.5E-06 580 0.0000% -62 400 10 80 865.2 -2 8.31E-07 6.31E-10 0.010044 6.28E-08 6.28E-06 577 0.0000% -66 400 10 80 861.5 -2 2.51 E-07 2.51 E-10 0.010044 2.5E-08 2.5E-06 574 0.0000% -64 400 10 80 860.0 -2 3.98E-07 3.98E-10 0.010044 3.96E-08 3.96E-06 573 0.0000% -64 400 10 80 858.5 -2 3.98E-07 3.98E-10 0.010044 3.96E-08 3.96E-06 572 0.0000% -58 400 10 80 845.7 -2 1.58E-06 1.58E-09 0.010044 1.58E-07 1.58E-05 564 0.0000% Sum: 0.0001% Table 5- Location 5 10 References 1) "Cancer Facts," National Cancer Institute/National Institute of Health Press Release, July 10, 1996 (The study was published in the July 1980 issue of the American Journal of Epidemiology) 2) "Human Exposure to RIF Emissions From Cellular Radio Base Station Antennas," IEEE Entity Position Statement As Approved by the IEEE United States Activities Board, May 1992 3) "Human Exposure to Microwaves and Other Radio Frequency Electromagnetic Fields," IEEE Entity Position Statement As Approved by the IEEE United States Activities Board, August, 1990 4) ICNIRP statement, "Health Issues Related to the Use of Hand-Held Radiotelephones and Base Transmitters, Health Physics, April 1996, Volume 70, Number 4 5) " Single- and Double-Strand DNA Breaks in Rat Brain Cells After Acute Exposure to Radio Frequency Electromagnetic Radiation," H Lai & N. Singh, Int J Radiat Biol 69:513-521, 1996 6) "Measurement of DNA Damage by the Alkaline Comet Assay in Rat Brain Cells After In Vivo Exposure to 2450 MHz Electromagnetic Radiation," R. S. Malyapa, 2"d World Congress; Bologna, 1997 7) "Frequency of Micronuclei in the Peripheral Blood and Bone Marrow of Cancer-Prone Mice Chronically Exposed to 2450 MHz Radio Frequency Radiation," Vijayalaxmi, Radiat Res 147:495-500, 1997 8) "Proliferation and Cytogenetic Studies in Human Blood Lymphocytes Exposed In Vitro to 2450 MHz Radio Frequency Radiation," Vijayalaxmi, Int J Rad Biol 72:751-757, 1997 9) Focus Formation of C3H/10T1/2 Cells and Exposure to a 836.55 MHz modulated Radio Frequency Field," C. D. Cain, Bioelectromag 18:237-243, 1997 10) "In the Matter of Guidelines for Evaluating the Environmental Effects of Radio Frequency Radiation," Action by the Commission August 1, 1996 by Report and Order (FCC 96-326) i 11 Attachment A 800 MHz Vertical Pattern: 1900 MHz Vertical Pattern: i Degree Gain De rees Gain 0.0 -20.0 0.0 -17.0 2.0 -20.0 2.0 -15.0 4.0 -20.0 4.0 -13.5 6.0 -20.0 6.0 -12.0 8.0 20.0 8.0 -7.0 10.0 -20.0 10.0 -5.0 12.0 -20.0 12.0 -4.5 14.0 -15.0 14.0 4.0 16.0 -13.5 16.0 -31 18.0 -12.0 18.0 -3.3 20.0 -11.3 20.0 -3.0 a 22.0 -10.8 22.0 -3.0 24.0 -10.01 24.0 -3.0 26.0 -9.81 26.0 -3.0 28.0 -9.51 28.0 -3.0 30.0 -9.31 30.0 -3.0 32.0 -9.0 32.0 -3.2 34.0 -9.3 34.0 -3.4 36.0 -9.5 36.0 -3.6 38.0 -9.8 38.0 -3.8 40.0 10.0 40.0 -4.0 42.0 -15.01 42.0 -4.2 44.0 -15.01 44.0 -4.4 46.0 -15.01 46.0 -4.6 48.0 -15.01 48.0 -4.8 50.0 -20.01 50.0 -5.0 52.0 -20.01 52.0 -5.3 54.0 -20.01 54.0 ` -5.5 56.0 -20.0 56.0 -6.0 58.0 -20.0 58.0 -6.5 60.0 -15.0 60.0 -7.0 62.0 -10.0 62.0 -7.5 64.0 -8.0 64.0 -8.0 66.0 -7.0 66.0 -9.0 68.0 -6.0 68.0 -9.5 70.0 -5.0 70.0 -10.0 72.0 -4.0 72.0 -9.0 74.0 -3.0 74.0 -7.0 76.0 -2.0 76.0 -5.0 78.0 2.0 78.0 -3.0 80.0 -2.0 80.0 -2.0 82.0 -1.0 82.0 -1.0 84.0 -1.0 84.0 0.0 86.0 -1.0 86.0 1.0 88.01 0.0 88.0 2.0 90.0 - 0.01 90.0 3.0 • 12 - PEDERSEN INC. GREENMAN , Engineers, Architects, Planners, Construction Engineers&Inspectors GPI February 11, 1999 Kathleen Bradley Colwell la Offices Town Planner Town of North Andover Throughout the T 27 Charles St. United States. North Andover,MA 01845 Reference: Boston Hill,North Andover,MA—(Site E-424.2) Dear Ms. Colwell: We have reviewed the existing structure during our field visits. We also have reviewed the existing drawings, calculations and other available information. Based on our visual inspection of the structure and our review of the loads,we feel that the structure is adequate to support the proposed wireless equipment. Very truly yours, Greenman-Pedersen,Inc. • ck CR- � arrick Goldenberg, .E. Chief Structural Engineer I:\96207\96207 45\990211.doc 33 BOSTON POST ROAD WEST, MARLBOROUGH, MA 01752 TEL:(508)481-7200 FAX; (508)'480-0645 www.gpinet.com —� — { F provqai , Wireless sites in and around X Andover r *. J I + , } , ti J x." „m f: r % " k 1 i porgetc J h "o' c n k Lawrence uni ; t Boxford ~'4 ^ F 4d p r z v i s 3 i z+ „'..a: i t` 4dO.V ia„ '.....� a q .f , y s�'', �1,�5.,, .'• r t`' .i ..,... s ,� tc., rg >5 TrSr tY f, ei„�yY a^ x __ ( kn y r` _ ° :i,'"• V ....... rr � k a k • 3 5 ; 'Se" p � }s a � t tir i 'a x 4 + i k ,_� �`�� � f ,- oxford 4"�- Vel �i. �'�Y. ,,.. y , a. ' t S„.,..„. �.�� w,.i `�,. ,4 � �*.. ��'%-� � r` ;..� 4 ^€t. r � rrry� •, tf -., ,"4 „/'� •,, � d Y } hM Si ) x , J. A8, a } x Methuen N Georgetown p� tim e• �a t 't� r West Boxford q, wrence` ` � `�s''fiv&1�•'�+-�snfY%y;;+ t � ' y s x �4�y � �� o-..y � , �* �; t a.h 3 ➢ r9 ' • r`' X 1 �I 1 �4 1 II 1 f� x,f r IIS r Y y t . , „s: }',,.., '}, '.� •v z' ,�, .• .;fir mar -- - x' r z A r � " f I J' s FEB 10 '99 16:35 FR ATT WIRELESS SERU I CES201 986 8742 TO 917814074656 P.02/04 61918 r W. .,........._ PROWCRR TMS ClKnnCA=n nSULD ASA MATTSIL OP IN100"TION ONLY AND COM-RICA marsh a McLennan, 111Corporated NOMCM4lCVrONTum cxKY1t1C.AM"MRS aMRRTNANTM099ftf"VgnIN 1166 Avenue of the Americas 7}JQ701=.TWC8 r0r.AUDOESNOTAMM.1XV aOawTMTIM New York, NY 10036-2774 COVZL a A00700 VY na r0UCIS5 LWO 112112K COMPANIES AFFORDING COVERAGE A AMRICAN RIDGE INSDRMCE CO. , r�waiD =NY Cellular Telephone Company D.H.A. AT&T Wireless '# Services, Inc. C 15 East Midland Avenue Paramus, NJ 07652 =mPAw p ................... -- THIS IS TO CERTIFY THAT POUCIES OF INSURANCE LISTED HEREIN MAVE k 14STJEO TO TML 1N9URE0 NAMEb HEREIN FOl1 TtIE POLICY PEA100 INOICATEO. NOTWITHSTANDING ANY REOUTAEMENT.TEW OR CONDITION OF ANY CONTRA&OR OTHER DOCUMENT WITH RESPECT YO WHICH THE CERTIFICATE MAY BE ISSUED OR MAY PERTAIN.THE INSURANCE AFFORDED BY THE POLICIES LISTED HEREIN IS SUBJECT TO ALL THE TERMS.CONDITIONS AND EXCLUSIONS OF SUCH POuCIES LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIM co Y r OMRMN T/re Or 1NlStlpeMtfi rOUCV NUMBER DATE PWPO/ MATE ITS D UAMLoa"YM) amm una GL 6 01 01 95 10/-15/9 10/15/98 C *NL AGMEc,AT1: S X COMMEACJAI.GaAMft Ui4a1UTV PRODUCi&GOWMp Ax $ - 5000000 aAm mwr;x]OCCUA. PERSONALR ADV INAMY S 2500000 OW*W$Oamnucmn IM CM BACK OOCURFOM S 2500000 FVP-DAMNGE ft wwan) S • HIED.o0'E14SE(Piny on.PonImII S AUTOMONS IIA110Y COMBINED SINCIF U14T ANY Auto "&44 0 AUTOS 9001LY 1 L my ow anon) S SCHEOULEO AUTOS 90OLY OUJPY P*ackknq S HIFED AUTOS NON.OWNEDAUTOS PRO?ERrYOAMACE $ OARAQE WBYAIT AUTO ON(.Y.rA ACCIDENT $ ANY AUTO OTMER THW AUTO ONLY EAC"ACCOW excess NABIim FACH OCCMAENOE S UMBAELLA FOAM ASREGATE $ orrIER THAN UMBF 1A FORM WCPXEFS COMPOU1101 AND STATUTORY UMTPS 08"YEAS UAwrl EACIi ACCIDENT S • DkSFASE•PM=LIMIT s OdEW-14CH EMPLOYEE $ CIfIER DE9CWMN OF 0FMTI0N$A=T10WND11CLE8/9PE0IAL.ITEMS Location. .s L E Uz CERMFICATE HOLDER CANCELLATION SHOULDANY OF THE POLICIES LISTED HEREIN BE CANCELLED BEFORE THE qPIRAMON DATE THERSOR THE 04UP ER AFFORDING COMAGE WILL ENOEAVOR TO IAAIL 30 OAYS VAUT17EN NOTICE TO THE CERTIFICATTd HOLOEIt NAMED HEREIK BUT FAILURE TO HAAS SUCH NOTICE Town Hall, 12U main Street SHALL IMPCsSE MD oweAmow OR umuff OF ANY K >v TH9 INsum AA:ROAOING :North Andover, Ma 01845 .;nsA Ts CO AEPRESENY TIVES.-4 Is ER o-TM TE At to: Town Manager MLgsh a MCUDOW .WCORPOMM HY: •�W/T+�) ` wngAao� 10/07/97 PAGE: 1 OF 1 TOTAL P.6s • OCT 07 197 17:36 PAGE 03 FEB 10 199 16:23 ATT WIRELESS SERUICE PAGE.02 Z0'godd SSL1 VW 806+ Lt7:VT 66, IT H3d ST. PAUL FIRE AND MARINE 11M '�111� INSURANCE COMPANY St.PAUL Minnesota Bund No.Jx.0998_ A Capital Stock ComDarly LICENSE OR PERMIT BOND KNOW ALL MW BY THESE 1aMENTS,That we,Wireless PGS. tae.WWA AT&T Wireteu Serrieer tUo Blue Hill Drive„Su to too,Westwood.MA 02NO-2161 Of .as Prindpal, Will St.Paul Firc and Marine Insurance Company,a Minnesota Corporation,and having its principal office in the City of St Paul, Minnesota,as Surety,are held and finnlybound unto Tows of North Andover.MA 120 Main Steals; North An4mr.MA 01845 ,hereinafter celled the ObiiM its the penal sum of Fifty Thoutartd and 00/100 Dollars (SSOLN0.60 } lawful money of the United States of America to be paid to said Obligee, for which paymetu well and truly to be made.we bind ourselves,our heirs,executors,administrators,sueecasots and assigns,jointly and severally,firmly by these presents. Signed with our hands and sealed with our seals tlris,the 11th,.,_day of February .A.D. 192 — WHEREAS,a LICENSE or PERMIT has been granted by the Obligee to die above bounden Principal authwiring the Principal * Retnuval and 1tWnten&Ace of Antennas,Coastal Cables,Power and Tticoequipment And associated foundation, AC Unit and Condenser, and More property to original condition hereto within 3 mouths cessation of active nae of the site as a Telecommanicafloa Facility Now therefore, the Condition of this Obligation is such,that if the said Principal shall faithfully observe the provisions of the Laws, Ordinances, and Resolutions,governing the issuance of this License or Permit, then this Obligation shalt be null and void, otherwise to remain in full force and effect. The Surety may cancel this bond at any time by filing with the Obligee thirty(30)days written notice of its desire to be relieved of liability. The Surety shall not be discharged from any liability already aecrhled under this bond, or which shall accrue heieuttder before the expiration of the thirty day period. Wireless P",Ire.DIWA AT&T Wireless Smiees jll• AAAA . J& ), • Principal James P. Li Treasury ST.PAUL FIRL AND MARINE iNSURAN..Pe 009"-Ak- Y TramyD.W Atioroeyin- act y tOT!Rev.5.84 Printed to U.S.A.. S0/z0'd LD6V SPE ZTZ NdNN3MW 2 HSbUW 02:VT 6661–TT-83d 900/Z00d 902'ON 9S9rL0bI8LT E 30Ndws I --iW9W NSI 8 'd803 ISIU LV:t'1 66/T T20 20'79dd SSLZ t70E 806+ Lb:bT 66, IT H3d STATE OF NEW J.trRSEY COUNTY OF rsiddlesex On this 1 ITH day of ' February 19 9_ 9� before me personally came James P. Li to me known and who, being duly sworn by me, did depose and MY that (he)(she) resides at * Basking Ridge ; and that(he)(she)is the Treasury Manager/ Assistant secretary Of the corporation described in and that executed the foregoing instrument. (Notary Public) Brian E. Stunt My Commission E*res 04-01-2001 900i200d 902'ON 9S9PL0PT8LT f 30NU8nSN I '1WSW AS I a 'dNoo Ald Lt?:t?S 66 Z Z 20 b0'39dd SSLT b0Z 806+ LV:VT 66, TT Had 7haslapaut ST.PAUL FIRE AND MARM INSURANCE COMPANYCERTWICA'fCOP Surrey 385 Washington Sli tet,St.Paul,Minnru,ta S5102 AUTHORITY ivo. POWER OF Yor rraiticaduo of the audAeotkIly of this Puwer ur Atturoacy,you tray ultpbode IOU lest I.800421.3880 add ask lot AI rORNnV NO. ,h..r...z..,r we,.—y cask.rum=reretto ow f-*- s or d%um t:y stn.rnd utc eamcd tnttivld4etd(3). F-16328 GENERAL POWER OF ATTORNEY•CFRTMED COPY 2126207 (Original(m File at Horne Office orCoInpa ty. Sus Certification.) KNOW AI,L MFN 8 V'1'HiS1KVits:SIVNI S:net SL Awl Fire and Mntiac insu ratti Comgtoy.u curper,d6n ur of MinnemtL having In principal office in the CityorSL Pual.Miaeestaa,does hereby to tstitute and appoint: gaoiactl sial rttiadiug under lire laws of the State Migdalia Otero,Paula Yip-Ping,Hillary Baylor,L Holland,Shirley Aevrely,Jeremy Wilder,Kelly R.Bratton, Vincent Moy,Tilemm Giraldo,Ana W.Otivctas,Traaey D.Watson,Sheilah McGuckia,Terry Ann Gonatiit:s-Sehu". Kimberly A.Bruno,Jennifer Caldarella,Robyn Walsh,Bevcdy Woolford.Rosemarie Foley,individually, r New York,New York in true and iawrw aILmcy(s)-is-Ltct to rAct:uIt,seal and deliver esu and on its behalf as surely,any acrd all bonds and uodcnslriapa,nceognisAnee.,contracu of indcrtutity :and utltcr writing.:obligatory in iiw aanvo thereof, which are or may be allowed,requited or permltted by law,statute,Rule,tegnladon,contract or otherwise. NOT TO EXCEED IN PENALTY THE SUM OF FWry MILLION DOLLARS($50,000,000)EACH and ft"ecutiun of all sut:h iaytrurneol(s)ie pocguaace of these presents,shall be as biading uppn staid SL Yanl Sire and Matioe Inuaran�Cum my,of fatty and -imply.to all iattxnta and ptuyosea.as if the sartt<had bt:en duly executed and a, by trM regularly elected offices at iia principal office. This Puwcr of A(Mmv is executed.and my be eetf)AC4 TO and May be tevolred,pursuarts to and by authority of Anick V.-Seodua&C),of tht By-I.twa adopted by Use Sue transcript r9 t o saiT.PAUL FiRE AND MA B1Nl;IPMMANCF COMPANY�I1 t,tasting called;nd held wt the 28th day of April.197B.of wbich the following is a true transcript M said.section 6(C): • 'I)w President on any Vice President.Aaslatant Vice Pe+tsident,SotMtVy Or Service Center General Manager shall have power and autharity (1) Tu appuint Akweneys-in-fort.and to authOlire them to exxuw an behalf of the Company.and attach the Sea!of the Company tetanal,bends and unden.48inps.reengni tnecs,caavwtx of Indemnity and other wrddab-a abl,q MuNy in the ttatsue thereof.and (1) To appoint Apeall Altatneys-ia,fttet,who at hereby nulhwinal to testify td copits of any powawof-atromty i""mrd In pw+ranee of th;"section and/or any at the BZ.Lows of the Company.and 1I) To remove.at tiny umc,say web Attomay-in-fact or Spacial Attorney-in-fact and revoke the authority given him.,, Pu 11kr,tris Power of Attorney is si ed and sealed by fuidmile putauattt to trsolution.of the Board of D irairors of said Company adopted at a meeting duly called and held an the 5th day of May.1959.of which the following is a true cxarper . "Now therc(orc the.dgnatutts of such drfuwt and the sea of 4A Gottipany stay be afftxcd to any tach power of attorney of any catificute relhtting Jaaetu by facsimile.and any such power of attorney Of certificate beadng*.ntch f3eumile aignanttt t or facs mi1c avid shalt be valid and binding upon the Cuwpany and any suu:h power so cxcemld slid certified by famimile tignaturca and faetimite oval shall be valid and binding upun the Company in the rututrC with respect to lay bond of undertaking to which it is 31=kd." IN TESTIMONY WHPJtFAF..%Mout tnft And MAXIM in%WW%=Corapoay hun t_uuW itis iaminaWt to be signed and its corporate re„1 to be JGxcal by its autlwrixod OIIiCer,des 2nd day of September.A.D. We. 't► r vi'.PAUL FIRE AND MARINE INSUAANCE COMPANY v..' y SfA'li:OF MARYLAND[,as. catty of Baltimore j R AN GE WCHAEL 0.It.CCOAN.Viacc Pm*lcnt On this Ind day of Septetnbar.A.D. 1998,before me came the individual who executed the preceding Instrument to enc perstnwllY known.and,being by me duty swum said that ht/the is the therein dtsafted end authorized atTicer of St.PkW Vire sed Martie lan rratue Company;that the seal afAxcd m acid instrument is the . Corporate Seal of sdd company:that the astd Corponuo Seal and hidJbw signal=were duly dExed by ardor of the Roard of Dirccu-of"aid Company. IN TESTIMONY WHEREOF,t rove hcrcunta act tett hand and aFflxrd any Official Seal.at flu City of tbst imwe,Maryland.rhe day and ytarfim allow wridtcn. 9§43rxpl, RRIMCC'.A F.ASLEY oNOKALA.Notary Putltlie My Ga mnisnion kxptnes July 13.2002 CERTIFICATION 1,the undersigned ofrMcr of St.Pout Fire and MAtKMe Ituwt Avtet COMOW.do hercay certify that I have camparad the€ONgoingg cr►Isy ret the:Foyer of Anornc�yy and aldavit.and the copy of t Section of the 8y-Lyra of testi Compuny as ret Leah lit told lower of Attorney,with the 02011VAU ON FILE IIMP TIM 80bM MCE OF SAID COMPANY.surd that the same afe covert wastxipts tber+eof,and of tdia whole of the Maid offaioela.and that the Meld Power of Attotney ha not been revoked and it now in full force and cffmt. , e IN TESTIMONY WHPIRli F.l have hereunto set aye bund this t: .PEB 11 '!'�!!f MAW day or „ 19 MICK&IM R.MCKIBBEN.Atavistant ataaetay . Only u certified copy of Power of Attorney hotting the Certificate of Authority No.prlitrerl In red on the upper tight comer 6 binding.Photwopies,catbna copies or iuhet repmductiona of Italia document arc invaitd and not bidding upon the Coanpsny. S ANY INSTRUMENT iSStls p ria EXCh'MS OF'M PENALTY AMOUNT STATED ABOVE LS'rOTALLY VOID AND WfMOUT ANY VALMITY. SO/£0'd 4b6V SVC ZTZ N"3-10t.1 2 HSMW 12:01 666T-tt-62U 900ib00d 90£'ON 90VLOVIBLT F 3ONts8nsNi -*iwsw xsi8 'd600 L,814 L17:VT 66/TT/EO SO*35dd SSLT b0Z 806+ BP:Pl 66, TT Had • • STATE OF NEW YORK SURETY ACKNOWLEDGMENT-NY COUNTY OF NEW YORK On the 11 th of February in the year 19_.M_. ,before me personally came Tracey D. Watson to me known, who, being by me duly 3"M did depose and say that he/she resides in New York NY,that he/she Is the Attorney-in-Fact of the • ST. PAUL FIRE AND MARINE INSURANCE COMPANY, the corporation described In and which executed the above instrument that he/she knows the seal of sold corporation that the seal affixed to said Instrument Is such corporate seen that it was so affixed by order and the affiant did further depose and say that the Superintendent of Insurance of the State of New York has pursuant to Section 327 of the Insurance Law of the State of Nov York issued to ST. PAUL FIRE AND MARINE INSURANCE COMPANY his/her certificate of qualification of • said Company and its sufficiency under any law of the State of New York as surety and guarantor and the propriety or accepting and approving it as such and that such certificate has not been revoked. per.t^-�5rC► 00/ Notary Public • • 1 So/re'd 4D6V SVC FTE WNNTOW 8 HSNt%4 12:a1 6661-11-H3d 900/9004 90£'ON 999VL0bT8LT F 33NV8MNI --'1W9W SISId 'd8OO Alt) Bb:bT 66/T120 90'.9oud SSL Z t7OZ 806+ 8t7:t7T 66, TT Had S0'd '10101 i A�.tttg • Linit, 1 15.Snrn1 to A.f% Honda ' S 8.770."5.599Losses Stocks 2.646.643.661 $6,906,414,402 Mortgage Loans Reins.Payable on Paid Losses 20.562,976 • Real Estate 191000,000 561Loss Adjustment Expense 1,469.758,287 Cash on Hand/Deposit .907.400 Contingent Commissions 42,923.795 Short Term Investments 14,327.084 OtherExpeasas 160,489,607 406,136,134 Taxes,Licenses and Arcs 33,SI5,237 Other ,Bal n Asseu 413,896,227 Federal&Foreign income Taxes Agents,Balancr� 1.018,962,138 Unearned Premiums 238,645.244 * Funds held dep.with Reins Co. 17,611,790 Divide U _ 1.723.919,543 Reinsurartce Recoverable �� Policyholders 40.300.427 53,749,536 Fuad klcld-.Reins.Trraties I6.528,?.45 EDP Equipment 37,977,867' Rinds Withheld -Accrued Inter=&Dividends 160,335,805 117,926,964 Due From Affiliates Re�Unaut6.Cos.Loss Funds Field 86,246,146 ur /De osits/Pools&Assoc. 12,042.960 Eaccess of Stat Reserves 4,?57.509 Eq .ty P 40,485,014 Adjustment for Foreign Exchange 76 • Receivable for Securities 10,080,S57 oafs p in ,888,296 Other Assets ,.51 A"-9Tt B 80,300,423 Payable fear Securities 32,608,271 Other Liabilities 456,267,123 Special Reserve-Guaranty Fund I-Roh.e,on TOTAL LIABIII'Tff.S S 11.509.052.445 Gyusca>tty Sutplus Fund S 1,000,000 Capitol Paid Up 20,000,000 Surplus70-103 744.E Surplus as Regards Policyholders 2-124-244-251 TOTAL ASSETS a .4.233�6,14Z T rrAL L1A8II.IT M&SUMttS Securities carved at 5394,443,867 in the foregoing statemen;arc d eposited as rrsluit+ed bylaw. STATE OF MINNESOTA SS COUNTY OF RAMSi+Y John Treaty, F'utsaeial Reporting O11icef of the SL Paul Fur and Mrtdt a]Gasraance CompuW.being duly swan,deposes and says that be is the above desafbW officer of said company;that said company Is a corporadon duly orgad zA existing and engaging in bulineas u a svraY company under and by virtue of the tam of the Stim of Mianeseta,and has duly complied with ali requimmems of tha laws of mid•state applicabla to Bald company and is duly gnaMed to a<x as su%V under such laws;that du above b a true statement of the assess and liabilities of said company of the 3 est logy of Detembcr,1997. Subscribed and sworn to belbre me thio W day of Muck 1998 a John-rceaacy,Fictsad Ot6eoc M M DUBOIS • aa+rru®uc-tarrAo*a av•s�•uao� t+o�r tyo �Eto�s�st.�a► S0�S0'd Lfl6b Sc1= ZTZ NtJNNB-OW I HS6'dW ZZ:PT 66ST-IT-93:1 900i900d 902'ON 9S9t?400T8LT F 30NUWSN I •1WSW ASI 8 'd30O l'81d 81':vT 66/T T2@ GREENMAN - PEDERSEN, INC. Engineers,Architects, Planners, Construction Engineers & Inspectors GPI February 9, 1998 Offices Throughout the Sam El-Khairi United States AT&T Wireless Services 400 Blue Hill Drive Westwood, MA, MA 02090 i Reference: Boston Hill - Site E424 North Andover, MA As requested, we have prepared an estimate for the future removal costs of the following AT&T i equipment and related work for the subject site: 1. Antennas and stand-off mounts. 2. Wireless Equipment located on 2nd floor Estimated cost$30,000. If costs are to be brought forward 25 years from now, an inflation rate needs to be applied; at 3% annual inflation, the factor is approximately 2.1. 0 Please contact us if you have any questions or need additional information. Very truly yours, 0 GREENMAN-PEDERSEN, INC, A.,/ C/, c4z// Louis F. Bruno, P.E., P.L.S. 0 / Chief Civil Engineer LFB:cjs 0 I:\96202\CORRE S\L980209•SAM i 33 BOSTON POST ROAD WEST, MARLBOROUGH,MA 01752 TEL`.(508)481-7200 FAX: (508)480-0645 www.gpinet.corn QUAL7Y THROUGH CONTINUOUS IMPROVEMENT NorthAndover _ Zoning ftwe Mw�Jpat .lfr7Mort � x I y: I _ j j 1 \ ,I r �+ � I �-� C, ;Legend !'Roads VTown Boundary t p _�Rail Line(abandoned) w E ', \. $I Airport 1 - Rivers.Lakes,and Pond9 reattr J St j Watershed DIS1rtGa Zoning .► 1. F—', Business District i ,. Bwsirrcxa District 2 I' w Business District 3 I11 =B U91r1e9.4 District 4 General Business District r-1 Industrial District i (--j Industrial District 2 Industrial District 3 I Industrial S District p Residential District I Residential District 2 I; Residential District 3 , j Restdetttial District 4 Residential District 5 Residential District 6 c• t r -Village Comriwmial District Village Residential District \ 0 3X10 40i0 6000 Feet j 4 ~ t !'4Ditty Sources: The data for this map wa+'Supplied by the"fawn of North Andover. llydrography R II information supplied by the Executive Office of !) Environmental AffairwMMOGIS, The I mforu at m depicted on this map is for planning s only not be adequate for Pum Y It may 9u legal B Mtrexi.w4t k (11 definition or regulatory P vhinrxt boundary gu text'rruerpretmtan, uwlon(et Haverhill MA 6183 CfLN tIYSrU' ii - Prepared Merrimack Valle Planning C9mmuswn MVPC'), 160M Septerber 17.1497 lltr TOWN OF NORTH ANDOVER UST OF PARTIES OF INTEREST: PAGE 1 OF..rL_ SUBJECT PROPERTY MAP PAR #t NAME ADDRESS 107C 011 Farnum, John C. 1426 Farnum St. North Andover, MA 01845 ABUTTERS: 1 1.07B D014 Farnum John C. Estate 426 Farnum St. North Andover, MA 018 5 , 2 107B D013 Farnum, John C. Estate 426 Farnum St. North Andover, MA 01845 3 107A D249 Farnum, John C. Estate 426 Farnum St. North Andover, MA 01845. • 4 107A 250 Farnum, John C. Estate 426 Farnum St. North Andover, MA 01845 5 107A 00421Farnum, John C. Estate 426 Farnum St. North Andover, MA 018 5 6 107 0253 Farnum, John C. Estate 426 Farnum St. North Andover, MA 01045 7 107A 0254 Farnum, John C. Estate 426 Farnum St. Norah Andover, MA 018 5 8-71-03-7 A 255 John G. Estate 426 Fatnum St. North Andover, MA 01 45 9 107A 040 Farnum, John C. Estate 426 Farnum St. North Andover, MA 01 5 10 107A 0252 Farnum John C. Estate 426 Farnum St. North Andover, MA 01845 11 107A 0149 Boston Hill Ski Area C/6 P.O. Box 330 Rye Beach, NH 038/1 Robert W. Dunn 12 107C 0068 Farnum, John C. 426 Farnum St. North Andover, MA 01845 13 107C 0013 Trustees of Reservations 521 Essex St. Beverly, MA k1494-5LU 14 107C 0010 Boston Hill Ski Area C/O P.O. Box 330 Rye Beach, NH 03871 Robert W. Dunn 15 107B 00 7 Farnum, John C. 426 Farnum , MA 01645 16 107D 0037 Trustees of Reservations 572 Essex St. Beverly, MA LD4� 17 s of Reservations 572 Essex St. Beverly, MA 01915 18 191 20 CER DATE: /-z Postage Policy As of Tuesday March 3, 1998, all applications before the Planning Board must include postage stamps. This will replace the previous policy of the Planning Department billing the applicant directly for the cost of postage. Number of stamps=(number of abutters+2)x 2 This will cover the cost of mailing the legal notice and the decision to the abutters, the applicant and the engineer. *Ucjss�u 40 we � USAH UsAH nw Fkst-ClassRate n, Fits[-CI-Rate Pi--Q—Raw usAH USAH USA H • Fwst-Ct=Ratt First-aassltate Fiest-Class Rate 00 Wgo USAH USAN ORUSAH!I • nn F-wt-ClassRate Pint-ClassRate Pitst-CI.Raii • • • • • • (SEE PLANS ATTACHED HERETO) s • • II' • PALMER& DODGE LLP NO. 002585 INVOICE NO. DESCRIPTION• 12/09/98 PROJECT REVIEW FEE $2, 000.00 • • • PALMER& DODGE LLP NO, 002585 DESCRIPTION 12/09/98 PROJECT REVIEW FEE $2, 000.00 • • . 2, 000.00 • PALMER& DODGE LLP k _ Al2, Date 12 j ONE BEACON STREET.BOSTON,MA0210&3190 ,` .' '- _. ,,.. _, 09/98. a 1 PAY **EXACTLY******2000* DOLLkARS `AND 400*6ENTS — Z 000.00 TO TOWN. OF NORTH ANDOVER m i', a £� �' 7'ct y -.vY "'SE iyyj--�2 j'_"s��—�' ry ::•fir THE ORDER �� PALMER BDODGE UO ` • OF _ AUTH.SIG. BankBoston �Li:� �. - �� 8 BankBoston Maine N.A. South Portland,ME SII• _ 0900 2 S8 SO 1:01120 & 5391: 0580 057 20911' PALMER& DODGE LLP No. 002584 3 INVOICE NO. DESCRIPTION 12/09/98 FILING FEE $100.00 • • $100. 0.0] • PALMER& DODGE LLP No. 002584 • �, • • DESCRIPTION 12/09/98 FILING FEE $100.00 • • 100.00 • -1 PALMER& DODGE LLP No 002584 53 x�x ONE BEACON STREET.BOSTON.MA 02108-3190 _ D'd6'i2/09: 9 Y • PAY **EXACTLY*******100* DOLLARS AND *00*CENTS ` 100:00 TO TOWN OF NORTH ANDOVER 43 _ 9 m r THE _ .�z .a '�", t-"�'i-. Nil' €}tj —I�,utr } }si �'� °i'a-" 7'� ORDER OF z M • = - AUNER DODGE LLP m AUTH.SIG. BankBoston BankBoston Maine N.A. B South Portland,o d ME • 11200 2 58 4n' 1:01120 & 5391: 11580 0 5 ? 209,1' i TOWN OF NORTH ANDOVER FINDING ss g ZONING BOARD_ OF APPEALS _ Procedure & Requirements For an Application for a Finding Ten (10) copies of the following information must STEP 6: SCHEDULING OF HEARING AND be submitted thirty (30) days prior to the first public PREPARATION OF LEGAL NOTICE: hearing. Failure to submit the required information The Office of the Zoning Board of Appeals schedules within the time periods prescribed may result in a the applicant for a hearing date and prepares the legal dismissal by the Zoning Board of an application as notice for mailing to the parties in interest(abutters)and incomplete. for publication in the newspaper. The petitioner is notified that the legal notice has been prepared and the The information herein is an abstract of more specific . requirements listed in the Zoning Board Rules and Cost Of the Party in Interest fee. Regulations and is not meant to supersede them. Items that STEP 7• DELIVERY OF LEGAL NOTICE TO are underlined will be completed by the Town. NEWSPAPERIPARTY IN INTEREST FEE: The petitioner picks up the legal notice from the Office STEP 1:ADMINISTRATOR PERMIT DENIAL: of the Zoning Board of Appeals and delivers the legal The petitioner applies for a Building Permit and receives notice to the local newspaper for publication. a Permit Denial form completed by the Building Commissioner. STEP 8: PUBLIC HEARING BEFORE THE ZONING BOARD OF APPEALS: STEP 2: FINDING APPLICATION FORM: The petitioner should appear in his/her behalf, or be Petitioner completes an application form to petition the represented by an agent or attorney. In the absence of Board of Appeals for a FINDING.All information as any appearance without due cause on behalf of the required in items 1 through and including 11 shall be petitioner,the Board shall decide on the matter by using completed. the information it has otherwise received. Step 3: PLAN PREPARATION: STEP 9: DECISION: Petitioner submits all of the required plan information as After the hearing,a copy of the Board's decision will be cited in item 10 page 4 of this form. sent to all parties in interest. Any appeal of the Board's decision may be made pursuant to Massachusetts STEP 4: SUBMIT APPLICATION: General Laws ch.40A sec. 17,within twenty(20)days Petitioner submits one (1) original of all the required after the decision is filed with the Town Clerk. information and 10 xerox copies to the ZBA Secretary, The original will be stamped by the Town Clerk Step 10: RECORDING CERTIFICATE OF DECISION certifying the time and date of filing.The remaining ten PLANS. copies will remain at the office of the Zoning Board of The petitioner is responsible for recording certification of C Appeals secretary. the decision and any accompanying plans at the Essex County North Registry of Deeds, Lawrence STEP 6: LIST OF PARTIES IN INTEREST: Massachusetts, and shall complete the Certification of Once the petitioner submits all of the required Recording foram and forward it to the Zoning Board of information, the petitioner requests from the Assessors Appeals and the Building Department Office. Office a certified list of Parties in Interest (abutters). IMPORTANT PHONE NUMBERS: 978-688-9541 Zoning Board of Appeals Office 978-688-9501 Town Cleric's Office 978-688-9545 Building Department Page 2 of 4 Date&Time Stamp Application for a FINDING NORTH ANDOVER BOARD OF APPEALS 1. Petitioner: Name, address and telephone number. Benjamin Farnum, 397 Farnum StrPPt,,.North Andover, NaG-ga huQptty ii Tel: (978) 725-4954 'The petitioner shah be entered on the tem rake and the dec om as entered sbm. 2. Owners of Land: Name, Address and Telephone number and number of years under this ownership: Bewi amin Farnum 397. E= rpet, North AWover.,, Mas. sachi;setts Tel:Te 978) 725-4954. Years Owned Land: 3. Location of Property: a. Street: Boston Street Zoning District b. Assessors: Map number t az Lot Number: > > c. Registry of Deeds: Book Number Page Number. 4. Zoning Sections under which the petition for the Finding is made. Denial of the Building Commissioner of an Avulication for a Buildinrr Permit. 'Refer to the Permit Denial and Zoning By4.aw Pin Review as uq*ed by the BeiWM Commissioner 6. Describe the Finding request: The Petitioner reguests the Board to overtUrn the decision 'ld`ng Commission-- denying o s'odenying a Building Permit for the erection of a two Microwave Antenannae on an existing tower. i -The above description shag be used for the purpose of the legal notice and decision. A more detailed description to required pursuant to the Zoning Board Rules and Regulations as cited on page 4 of this application.Failure by the applicant to dearly describe the request may result In a dedsion"M does net address the intent of the applicant. The decision will be lr-AW to the requed by the applicant and wl8 not imroive a*ftdonni Items not included above 6a,. Difference from Zoning By-LAW requirements: Indicate the dimenebm;that will not meet current Zoning By-Law Requirements. (A and B are in the case of a lot split) NONE Lot Area Open Space Percent Lot Frontage Parking —1Vlinimurn Lot set Back" Sq. Ft. Sq. Ft. Coverage Feet Spaces Front Side A Side B Rear A % j a .a E I f Page 3 of 4 Application for a FINDING NORTH ANDOVER ZONING BOARD OF APPEALS 6. b. Existing Lot: Lot Area Open Space Percent Lot Frontage Parking * Minimum Lot set Back M. Sq. Ft. Coverage Feet Spaces Front Side A Side B Rear 9.49A . % 1350 - 25+ 15+ - 15+ 30+ i c. Proposed Lot (S): No subdivision required. Lot Area Open Space Percent Lot Frontage Parking * Minimum Lot set Back• Sq. Ft. Sq. Ft. Coverage Feet Spaces Front Side A Side B Rear % d. Required Lot: (As required by Zoning By-Law) Lot Area Open Space Percent Lot Frontage Parking Minimum Lot set Back Sq. Ft. Sq. Ft. Coverage Feet Spaces Front Side A Side B Rear 43.560 N/A N/A % 250 25 15 15 30 7. a. Existing Buildings: Ground Floor Number of Total Use of Square feet Floors Sq,feet Building* 1,296 7 9,072 Communication Tower *Reference Use Code numbers and Uses from the Zoning By-law State number of units in building. b. Proposed Buildings: Ground Floor Number of Total Use of Square feet Floors Sq.feet Building* 1.9 The attachment of a 6' diameter microwave dish to the existing tower structure. *Reference Use Code numbers and Uses from the Zoning By-Law State number of units in building. 8. Petitioner and Landowner signature(s): Every application for a Finding 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 corripy with application requirements,as cited herein and in the Zoning Board Rules and Regulations may result in a di I by the Zoning Board of this on as incomplete. Signature Type above na a (s) h6/re PAGE 4 OF 4 FINDING North Andover Zoning Board of Appeals 9. WRITTEN DOCUMENTATION Application for a Finding must be supported by a legibly written or typed memorandum setting forth in detail all 10 C. FEATURES TO BE INDICATED ON PLAN facts relied upon. This is required in the case of a finding when the following points based on MGLA ch. A. Site Orientation shall include: 40A sec. 6 and 9 and the North Andover Zoning By-Law 1. North point Section 9.0 a request for a FINDING shall be clearly 2. zoning district (s) identified and factually supported: Addressing each of 3. names of streets the below points individually is required with this 4. wetlands to be shown on plan(if applicable) application- 5. abutters of property,within 300 foot radius 6. location of buildings of adjacent properties within 50' A. The particular use proposed for the land or from applicants proposed structure structure. 7. deed restrictions, easements B. Legend i Graphic Aids: • B. Fact relied upon to support a Finding that the 1. Proposed features in solid lines&outlined in red proposed extension or alteration shall not be more 2. Existing features to be removed in dashed lines substantially detrimental than the existing non- 3. Graphic Scales conforming use. 4. Date of Plan 5. Title of Plan C. Addressing all details of the Building 6. Names addresses and phone numbers of the Commissioner's denial when appropriate. applicant, owner or record, and designer or surveyor. 10. Plan of Land Each application to the Zoning Board of Appeals shall 10 D. FURTHER REQUIREMENTS: be accompanied by the following described plan. Plans Major Projects shell require that in addition to the above must be submitted with this application to the Town features, plans must show detailed utilities, soils, and Clerk's Office and ZBA secretary at least thirty(30)days topographic information. A set of building elevation and prior to the public hearing before the Zoning Board of interior of building plans shall be required when the Appeals. application involves new construction,conversion and/or a proposed change in use. Elevation pians for minor 10 A. Major Projects projects include decks,sheds,&garages shall be Major projects are those which involve one of the included with a side view depicted on the plot plan, following whether existing or proposed: a)five or more which include a ground level elevation. parking spaces, b)three or more dwelling units, c)2000 square feet or more of building area. 11- APPLICATION FILING FEES Minor projects that are less than the above limits shall A. Notification Fees:Applicant is to send by certified require only the plan information as indicated with an mail all legal notices to all abutters, and then supply asterisks (*). In some cases further information may,be proof of mailing to the ZBA secretary. Applicant is to required. supply stamps(appropriate current postage)for mailing of decisions to all parties of interest as 10. B. Plan Specifications: identified in MGLA ch. 40A, sec. 11 as listed on the a) Size of plan: Ten 00) copies of a plan not to application. ZBA Secretary will compute number of exceed 11"x17"preferred scale of 1" =40'. b) Plan prepared by a Registered Professional B. applicant is to supply one(1)set of addressed labels of abusers to ZBA Secretary who will mail Engineer and/or Land Surveyor, with a black for five decisions to abutters and parties in interest. ZBA signatures and date on mytar. C. Administrative fee of$50.00 per application. ---------------- • TOWN OF NORTH ANDOVER FINDING0', g5 ZONING BOARD OF APPEALS Procedure & Requirements For an Application for a finding Ten (10) copies of the following information must STEP 6: SCHEDULING OF HEARING AND be submitted thirty (20) days prior to the first public PREPARATION OF LEGAL NOTICE: hearing. Failure to submit the required information The Office of the Zoning Board of Appeals schedules within the time periods prescribed may result in a the applicant for a hearing date and prepares the legal dismissal by the Zoning Board of an application as notice for mailing to the parties in interest(abutters)and incomplete. for publication in the newspaper. The petitioner is notified that the legal notice has been prepared and the The information herein is an abstract of more specific Cost ofthe Party in Interest fee. requirements listed in the Zoning Board Rules and Regulations and is not meant to supersede them. Items that STEP 7: DELIVERY OF LEGAL NOTICE TO are underlined will be completed by the Town. NEWSPAPERIPARTY KINTEREST FEE: The petitioner picks up the legal notice from the Office STEP 1:ADMINISTRATOR PERMIT DENIAL: of the Zoning Board of Appeals and delivers the legal. The petitioner applies for a Building Permit and receives notice to the local newspaper for publication. a Permit Denial form completed by the Building Commissioner. STEP 8: PUBLIC HEARING BEFORE THE ZONING BOARDOF APPEALS: STEP 2: FINDING APPLICATION FORM: The petitioner should appear in his/her behalf, or be Petitioner completes an application form to petition the represented by an agent or attorney. In the absence of Board of Appeals for a FiNDING.All information as any appearance without due cause on behalf of the required in items 1 through and including 11 shall be petitioner,the Board shall decide on the matter by using completed. the information it has otherwise received. Step 3: PLAN PREPARATION: STEP-9: DECISION Petitioner submits all of the required pian information as After the hearing, a copy of the Board's decision will be cited in item 10 page 4 of this form. sent to all parties in interest. Any appeal of the Board's decision may be made pursuant to Massachusetts STEP 4: SUBMIT APPLICATION: General Laws ch.40A sec. 17,within twenty(20)days Petitioner submits one (1) original of all the required after the decision is fled with the town Clerk. information and 10 xerox copies to the ZBA Secretary. The original will be stamped by the Town Clerk Step 10: RECORDING CERTIFICATE OF DECISION certifying the time and date of filing.The remaining ten PLANS. copies will remain at the office of the Zoning Board of The petitioner is responsible for recording certification of Appeals secretary. the decision and any accompanying plans at the Essex County North Registry of Deeds, Lawrence k STEP 5: LIST OF PARTIES 1N INTEREST: Massachusetts, and shall complete the Certification of Once the petitioner submits all of the required Recording form and forward it to the Zoning Board of information, the petitioner requests from the Assessors Appeals and the Building Department Office. Office a certified list of Parties in Interest (abutters). C IMPORTANT PHONE NUMBERS: N CD 978-688-9541 Zoning Board of Appeals Office � rnt � 978-688-9501 Town Clerk's Office N a ) 978-688-9545 Building Department Cr C-) C-3 m C1-;10vyp D ��v W Ln Page 2 of 4 Date&Time Stamp Application for a FINDING _. . NORTH ANDOVER BOARD OF APPEALS 1. Petitioner: Name, address and telephone number: Benjamin Farnum, 397 Farnum Strut North Andmirpr Massachusetts (978) 725-4954 'The petitioner shall be entered on the legal notice and the decieiat as entered above. 2. Owners of Land: Name, Address and Telephone number and number of years under this ownership: RP„ m;,, Farn„m, 397 Farnum Street, North Andover, Massachusetts (978) 725-4954 Years Owned Land: Kings Grant to the Farnum Family 3. Location of Property: a. Street: Five Boston Street Zoning District R-2 b. Assessors: Map number, iQ Lot Number. 11 c. Registry of Deeds: Book Number 1656 Page Number: 94 (See Essex Probate No. 350363) 4. Zoning Sections under which the petition for the Finding is made . Denial of the Building Commissioner of an Application for a Building Permit. 'Refer to the Permit Denial and Zoning By-Lear PWn Review as st"M by the Bung Commisdorm �. Describe the Finding request: The Petitioner requests the Board to overturn the decision of the Building Commissioner denying a Building Permit for the erection of a Microwave Antenannae*on an existing tower. *Dish 'The above dendptlon shah be used for the punwee of lire legal nal and decision. A more detabed 18 MOM purararM to the Zoning Board Rubs and Regubdo w as died on page 4 of dit appel Failure by the appYcard to dearly describe the request msy result in a dedsion that does not address the inteM of the applicant. The decision will be limbed to the request by the appkwd and ww not Mvol addinonai Not not irM*xW above. 6a, Difference from Zoning By4-AW requirements: Indicate the dimensions that will not meet current Zoning By-Law Requirements. (A and B are in the case of a lot split) Lot Area open Space Percent Lot Frontage Parking Minimum Let stn Back" Sq. Ft. Sq. Ft. Coverage Fed Spaces Front Side A Side B Rear A. N/A ----- ----- % ------ ---- -- --- - - ------ B. -- --B. N/A T- --- % ----- ---- ---- ----- ---- ------- a i f f Page 3 of 4 ' Application for a FINDING NORTH ANDOVER ZONING BOARD OF APPEALS f 6. b. Existing Lot: r Lot Area Open Space Percent Lot Frontage Parking * Minimum Lot set Back Sq. Ft. Sq. Ft. Coverage Feet Spaces Front Side A Side B Rear 9.49A N/A N/A % _1350 _1a.._ 25+ 15+ r c. Proposed Lot(S): Lot Area Open Space Percent Lot Frontage Parking * Minimum Lot set Back Sq. Ft. Sq. Ft. Coverage Feet Spaces Front Side A Side B Rear N/A ----- ----- % ----- --- ---- ---- ---- - iN/A ----- -- % --- ---- ---- -- -- - -- d. Required Lot: (As required by Zoning By-Law) Lot Area Open Space Percent Lot Frontage Parking * Minimum Lot set Back' Sq. Ft. Sq. Ft. Coverage Feet Spaces Front Side A Side B Rear 43.560 N/A N/A % 250 0 25 15 15 30 7. a. Existing Buildings: Ground Floor Number of Total Use of Square feet Floors Sq.feet Building" 1.296 7 9072 Communication Tower N/A ------ ----- -------------------------------------- N/A ---------- - ----- - --- --------- N/A ------- ----- --------------------------------- *Reference — -- -----------------------*Reference Use Code numbers and Uses from the Zoning By--Law State number of units in building. b. Proposed Buildings: Ground Floor Number of Total Use of Square feet Floors Sq.feet Building* 0 0 1.9 The attachment of a 2.4` diameter microwave di§h tote existing tower s ruc ure. N/A ------ ----- ------------------------ ---------- N/A ------ ----- --------------- ----------------- ------ *Reference Use Code numbers and Uses from the Zoning By-Law State number of units in budding. 8. Petitioner and Landowner signature (s): Every application for a Finding shall be made on this form which is the official form of the Zoning Board of Appeals. Every application shad be filed 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 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 r Regulations may result in missal by the Zoning BoargQfft application as incomplete. Signature - r " ` ° Type above name here Beni aurin Farnum PAGE 4OF4 FINDING North Andover Zoning Board of Appeals 9. WRITTEN DOCUMENTATION Application for a Finding must be supported by a legibly written or typed memorandum setting forth in detail all 10 C. FEATURES TO BE INDICATED ON PLAN facts relied upon. This is required in the case of a finding when the following points based on MGLA ch. A. Site Orientation shall include: 40A sec. 6 and 9 and the North Andover Zoning By-Law 1. North point Section 9.0 a request for a FINDING shall be clearly 2. zoning district(s) identified and factually supported: Addressing each of 3. names of streets the below points indlWdually is required wffh this 4. wetlands to be shown on plan (if applicable) application. 5. abutters of property,within 300 foot radius 6. location of buildings of adjacent properties within 50' A. The particular use proposed for the land or from applicants proposed structure structure. 7. deed restrictions, easements B. Legend&Graphic Aids: B. Fact relied upon to support a Finding that the 1. Proposed features in solid lines&outlined in red proposed extension or alteration shall not be more 2. Existing features to be removed in dashed lines substantially 3. Graphic bs ly detrimental than the existing non- p Scales conforming use. 4. Date of Plan 5. Title of Pian C. Addressing all details of the Building 6. Names addresses and phone numbers of the Commissioner's denial when appropriate. applicant, owner or record, and designer or surveyor. 10. Plan of Land Each application to the Zoning Board of Appeals shall 10 D. FURTHER,REQUIREMENTS: be accompanied by the following described plan. Plans Major Projects shall require that in addition to the above must be submitted with this application to the Town features, plans must show detailed utilities, soils, and Clerk's Office and ZBA secretary at least thirty(30)days topographic information. A set of building elevation and prior to the public hearing before the Zoning Board of interior of building plans shall be required when the Appeals. application involves new construction, conversion and/or a proposed change in use. Elevation plans for minor 10 A. Major Projects projects include decks,sheds,&garages shall be Major projects are those which involve one of the included with a side view depicted on the plot plan, following whether existing or proposed:a)five or more which include a ground level elevation. parking spaces, b)three or more dwelling units, c) 2000 square feet or more of building area. 11. APPLICATION FILING FEES Minor projects that are less than the above limits shall A. Notification Fees:Applicant is to send by certified require only the plan information as indicated with an mail all legal notices to all abutters, and then supply asterisks (*). In some cases further information may be proof of mailing to the ZBA secretary. Applicant is to required. supply stamps(appropriate current postage)for mailing of decisions to all parties of interest as 10. B. Plan Specifications: identified in MGLA ch. 40A, sec. 11 as listed on the a) Size of plan: Ten (10) copies of a plan not to apication. ZBA Secretary will compute number of exceed 11"x17°preferred scale of 1 a=40'. tamps. b) Plan prepared by a Registered Professional B. Applicant is to supply one(1)set of addressed Engineer and/or Land Surveyor, with a block for five labels of abutters to ZBA Secretarywho will mail ZBA signatures and date on mylar. decisions to abutters and parties in interest. C. Administrative fee of$50.00 per application.