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HomeMy WebLinkAboutGILLEN, WILLIAM & LYNNE 09;181'2009 11:37 9733723960 CHRISTIANSEN & SEHU1 rHut Ui �fp NORTH nNDOVER 5786®89542 p. 1 _ ..__. FAX# j Marys Planning Assistant ?)1978-688-9542 - ]PHONE 4978-688-9535 your name and fill in address of premises affected, fill 4i A date, return same to fax #978-688-9542. Thank you. `� 1M FU CUNTINU�CE�9 l`l tJIS ; P F,,&S OF PREMISES ,AFFECTED: �.4�. 373 / ) TO REQUEST A CONIM,4UANCE UN's, 71-m roa ,I!T,FT)PLANNING 13OARD MEETTI`l'G, TFMR,EFORE TICONST'R A.L FOR ISSLT;Q,T `,OF ANS' 1A,DECISIONS RELATIVE TO ANy/END ALL ' u IT > OF THET�PLAN:['+TING BOARD FOR THE TOWN OF .jt. .r1J`.�'DOVER, MA, ''F:.� 11ETITIOt OR REPRESENTATIVE: Si azure fill in current date 1-6 CID M Ck eOoQ KtLE O 6 ; CEIVED TOWN r EERKS OFFICE gg Oy 1004 OCT f. PM V' 53 SAC HUS�Ay TOWN O FORTH ,A DOWER PLANNING DEPARTMENT MSSCH1T TS Community Development Division 1600 Osgood Street rsrag. /Will North Andover,Massachusetts,01845 Con/Com Health Fire Chief Police Chief Decision—Definitive Subdivision Plan Town Clerk DPW/Engineers Any appeal shall be filed Surrounding Towns within(20) days after the date of filing this notice in the office of the Town Clerk. Date: October 6,2009 Date of Hearing: July 21,2009, September 15, 2009 and October 6,2009 Date of Decision: October 6,2009 Petition of William&Lynne Gillen 54 Spring Hill Road North Andover;MA 01845 Premises Affected: Kelsey Lane,off Molly Towne Road North Andover,MA,Assessors Map 107A,Parcel 234 Referring to the above petition for Approval of a Definitive Subdivision Plan according to the requirements of the North Andover Subdivision Rules and Regulations Section 5.6 Decision: So as to construct a three-lot subdivision, including leaving existing house on existing lot, two new driveways, the installations of stormwater management infrastructure, the installation of underground utilities,connections to existing water and sewer service and substantial grading in the R-2 Zoning District. After a public hearing given on the above dates, and upon a motion by Richard Rowen and 2d by Michael Walsh to APPROVE the Application for a Definitive Subdivision Plan as amended and based upon the following conditions.A vote of 5 0 was made in favor of the application. behalf ofthe NoT Andover Planning Board John Simons,Chair Richard Rowen Michael Walsh Timothy Seibert Courtney LaVolpicelo The Planning Board herein APPROVES the Application on for a Definitive Subdivision to create three lots, including Lot 1 with 144,334 sq.ft.,Lot 2 with 64,192 sq. ft.,and Lot 3 with 46,852 sq.ft. It should be noted that Lot 1 contains the existing dwelling unit with address of 54 Spring Hill Road. The project is located at 1 Kelsey Lane Subdivision,off Molly Towne Road Map 107A,Parcel 234 off Molly Towne Road,between Spring Hill Road and Molly Towne Road in North Andover,Massachusetts, 01845, Map 107A,Parcel 234 in the Residential 2 (R-2)Zoning District. The application was filed with the Planning Board on July 1,2009. The public hearing on the above referenced application was opened on July 21, 2009, and closed by the North Andover Planning Board on October 6, 2009. The applicant submitted a complete application,which was noticed and reviewed in accordance with Section IV of the Town of North Rules and Regulations Governing the Subdivision of Land. The applicant also submitted a request for Continuance on August 18,2009. The Planning Board makes the following findings as required by section 5.6 of the North Andover Rules and Regulations Governing the Subdivision of Land: FINDINGS OF FACT: In accordance with Section 5.6 of the North Andover Zoning Rules and Regulations Governing the Subdivision of Land,the Planning Board makes the following findings: A. The Subdivision Proof Plan, dated May 19 and last revised September 15, 2009, and the Definitive,Subdivision Plan dated May 19,2009 and last revised September 14,2009 are both substantially complete and technically adequate,accept as amended herein. B. The Subdivision Proof Pian and the Definitive Plan both show a Lot layout sheet(Sheet 2 of 5)that depicts the creation of three lots with the following area and frontage: Lot 1, 144,344 sq. ft. and 150.29 ft. of frontage on Spring Hill Road; Lot 2, 64,192 sq. ft. and 196.8 ft of frontage on Kelsey Lane;Lot 3,46,852 sq. ft.and 153.58 ft. of frontage on Kelsey Lane. The Plan thus conforms to all applicable zoning requirements. C. The Planning Board finds that the proposed Definitive Subdivision Plan showing the creation of two driveways, off the existing Right-of-Way,for Lots 2 and 3 is less-intrusive than that of a conventional subdivision road and that the design is more in keeping with the character of the neighborhood. The applicant has provided a Subdivision Proof Plan with a conventional subdivision road that would have been more intrusive and would have had much greater impact on the natural topography and site features of the neighborhood and the surrounding environment. D. The proposed driveway layout provides for adequate access to the two new lots off Molly Towne Road that will be safe and convenient for travel. E. The roadway layout and stormwater management systems as depicted in Sheet 4 of 5 (site Grading Plan within definitive Subdivision Plan) has been found to provide a_design that is compatible with the surrounding neighborhood, that provides for adequate drainage and stormwater management. F. The Definitive Plan has been prepared to.lessen congestion in such ways and in the adjacent .public ways. G. The roadway depicted on the Definitive Plan reduces danger to life and limb in the operation of motor vehicles. H. The Definitive Plan secures safety in the case of fire, flood, panic and other emergencies. The new roadway will provide adequate access for emergency situations. I. The Definitive Plan secures adequate provisions for water, sewerage, drainage, underground utility services, fire, police and other similar municipal equipment, and street lighting and other requirements where necessary in a subdivision. J. The Definitive Plan has been reviewed by the Department of Public Works, and the Fire Department and has been found to be acceptable. K. The Definitive Plan conforms to the design and construction standards described in these Rules and Regulations,with the exceptions of waivers granted in Condition 2. 2 Kelsey Lane Subdivision, off Molly Towne Road Map 107A,Parcel 234 Upon reaching the above findings,the Planning Board approves this Special Permit based upon the following SPECIAL CONDITIONS: 1) Permit Definitions: A) The "Locus"refers to the approximately 5.7 acre parcel of land with land fronting on Spring Hill road and on Molly Towne Road as shown on a portion of Assessors Map 107A,Parcel 234, and also known as 54 Spring Hill Road.,North Andover,Massachusetts. B) The "Plans"refer to the plans prepared by Christiansen& Sergi 160 Summer St., Haverhill, MA 01830 dated May 19, 2009, revised to August 11, 2009, August 21, 2009, August 24, 2009, September 14, 2009 and September 15, 2009 consisting of Sheets 1 - 5, titled "Definitive Subdivision Plan for Kelsey Lane" and"Subdivision Proof Plan for Kelsey Lane", located in North Andover, Mass, record owner and applicant William and Lynne Gillen, 54 Spring Hill Road,North Andover,MA 01845. C) The "Project" or"Kelsey Lane" refers to the construction of a three-lot subdivision, including a lot containing an existing dwelling unit, two new driveways, the installations of stormwater management infrastructure,the installation of underground utilities, connections to existing water and sewer service and grading in the R-2 Zoning District D) The "Applicant"refers to William and Lynne Gillen, the applicant for the Definitive Subdivision Plan Approval. E) The"Project Owner"refers to the person or entity holding the fee interest to the title to the Locus fio:n time to time, which can include but is not limited to the applicant,developer,and owner. 2) The roadway, utilities and stormwater management systems will be constructed according to the Plans, with the following waivers granted by the Town of North Andover Planning Board, according to the provisions of the Town of North Andover Rules and Regulations Governing the Subdivision of Land. These waivers are hereby granted in consideration of the fact that the design of the roadway was changed from that of a conventional subdivision road to the less intrusive roadway design as presented on the approved Definitive Subdivision Plan • Section 6.8.1 Table IA.Minimum pavement width for a local residential street is 26 ft.Two 12' wide driveways are proposed. • Section 6.8.1 Table IA. Minimum intersection corner curb radius is 40 ft. 5 ft.radius at the driveways is proposed. • Section 6.8.1 Table IA.A 50 ft.vertical curve is proposed,instead of the required 100 ft." • Section 6.8.1 Table IA.No cul-de-sac is proposed. • Section 6.9.No curbing is proposed. • Section 6.11.No sidewalks are proposed. • Section 6.15.2.No fire hydrants are proposed. There is a fire hydrant within 200 ft.of the current driveway entrance to 166 Salem St. • Section 6.18.1. No street trees are proposed. • Section 6.21.No street lighting is proposed. • Appendix I. "Driveway"construction will consist of an 8' gravel base,topped by a 2 '/z' binder course. The requirement is for 12' gravel base,with a 4' sub-base of crushed stone,a 4' binder course and 1 %'top course. 3 Kelsey Lane Subdivision, off Molly Towne Road Map 107A,Parcel 234 The following waivers have been granted for the Subdivision Proof Plan: • Section 5.2.5.2.11. Requires proposed houses and grading be on lot layout sheet. All proposed houses and grading to be shown on sheet 4 Site Grading Plan. • Section 6.8.9.Requires flax grade for the first 100&of roadway. A waiver is requested for a steeper grade to accommodate site conditions. The Board deems that each of the foregoing waivers is in the public interest and consistent withthe intent and purpose of the Subdivision Control Law and the Rules and Regulations and.such waivers are hereby granted. 3) The rain gardens will be maintained by a homeowner's association, with the terms of ownership and maintenance to be documented in the respective deeds for each lot in the subdivision. 4) All existing trees that are noted on the plan to remain will be maintained in perpetuity. 5) The Town Planner shall approve any changes made to these plans. Any changes deemed substantial by the Town Planner would require a public hearing and modification by the Planning Board. 6) In consideration of the approval of the Plan,there is to be no further division or subdivision of a part or portion of the parcel. This restriction is to be documented in the respective deeds for each lot in the subdivision. PRIOR TO ENDORSEMENT OF THE PLAN 1) Prior to endorsement of the .plans by the Planning Board the applicant shall adhere to the following: a. A covenant(FORM I) securing all lots within the subdivision for the construction of ways and municipal services must be submitted to the Planning Board. Said lots may be released from the covenant upon posting of security as required in Condition 5 under`PRIOR TO START OF. CONSTRUCTION". b. A Site Opening Bond in the amount of one thousand ($1,000) dollars to be held by the Town of North Andover. The Site Opening Bond shall be in the form of a check made out to the Town of North Andover that will be placed into an interest bearing escrow account. c. A notation must be placed on the plan noting that the driveways will be considered private driveways,not a public road. d. Deed restrictions must be placed on Lots 2 and 3 regarding the fact that the private driveways will never be maintained by the Town and that will never be accepted as a public road. - e. Deed restrictions must be placed on all lots regarding the further subdivision of the lots,as noted in Special Condition#6. f. Easement documents and maintenance agreements concerning the private driveway must be .submitted and reviewed and approved by Town Counsel. g. The applicant must submit to the Town Planner a FORM M for all utilities and easements placed on the subdivision. h. All drainage, water and sewage facilities designs shall be approved by the North Andover Division of Public Works. i. The location of all test pits should be noted on the plan,demonstrating that a minimum of 2 feet of soils exist between the bottom of the rain gardens and the maximum high groundwater table, as required by the Town ofNorth Andover Subdivision Regulations,Appendix V, Section 5.c. 4 Kelsey Lane Subdivision, off Molly Towne Road ' Map 107A,Parcel 234 j. The applicant must meet with the Town Planner in order to ensure that the plans conform to the Board's decision. These plans must be submitted within ninety(90) days of filing the decision with the Town Clerk. k. The Subdivision Decision for this project must appear on the mylars. 1. A Development Schedule must be submitted for signature by the Town Planner. The schedule must show building permit eligibility by quarter for all lots. in. All documents shall be prepared at the expense of the applicant, as required by the Planning Board Rules and Regulations Governing the Subdivision of Land. PRIOR TO THE START OF CONSTRUCTION 1) The record plans must be endorsed by the Planning Board and recorded by the applicant at the Registry of Deeds. 2) Three (3) copies of the signed, recorded plans and two copies of the following recorded documents must be delivered to the Planning Department: Subdivision Approval Form M; Easement documents, homeowners' agreement and maintenance documents referred to in Condition 3 under"Special Conditions". 3) Yellow"Caution"tape must be placed along the limit of clearing and grading as shown on the plan. The Planning Staff must be contacted prior to any cutting and or clearing on site. 4) All applicable erosion control measures must be in place and reviewed and approved by the Planning Department. 5) A Performance Guarantee in an amount of four thousand dollars ($4,000), shall be posted to ensure completion of the work in accordance with the Plans approved as part of this conditional approval. The bond must be in the form acceptable to the North Andover Planning Board. Items covered by the Bond may include,but shall not be limited to: a. as-built drawings; b. sewers and utilities; c. roadway construction and maintenance; d. lot and site erosion control; e. site screening and street trees; £ drainage facilities; g. site restoration; h. final site cleanup. 6) A pre-construction meeting must be held with the developer,their construction employees,Planning Department and Building Department (and other applicable departments) to discuss scheduling of inspections to be conducted on the project and the construction schedule. 7) In lieu of constructing sidewalks, the applicant has agreed to make a contribution to the sidewalk fund. The DPW will determine the amount of the contribution and evidence of DPW's determination and a receipt for the contribution must be submitted to the Town Planner. PRIOR TO THE ISSUANCE OF A BUILDING PERMIT 1) The private driveway must be constructed to binder paving with stabilized shoulders and the rain gardens in place. 2) A Plot Plan for the lot in question must be submitted to include the following: 5 Kelsey Lane Subdivision,off Molly Towne Road Map 107A,Parcel 234 a. Location of the structure b. Location of the driveway c._ Location of all water and sewer lines d. Any graded called for on the lot e. Location of drainage,utility and other easements. 3) All appropriate erosion control measures for the lot shall be in place. 4) All catch basins shall be protected and maintained with hay bales to prevent siltation into the drain line during construction. 5) The lot in question shall be staked in the field. The location of any major departures from the plan must be shown. 6) Lot numbers,visible from all roadways must be posted on all lots. DURING CONSTRUCTION 1) Any stockpiling of materials(dirt, wood, construction material, etc.) must be shown on a plan and reviewed and approved by the Planning Staff. Any approved piles must remain covered at all times and fenced off to minimize any dust problems that may occur with adjacent properties. 2) It shall be the responsibility of the developer to assure that no erosion from the site of construction shall occur which will cause deposition of soil or sediment upon adjacent properties or public ways, except as normally ancillary to off-site sewer or other off-site construction. Off-site erosion will be a basis for the Planning Board making a finding that the project is not in compliance with the plan; provided, however, that the Planning Board shall give the developer written notice of any such finding and ten days to cure said condition. 3) In an effort to reduce noise levels, the developer shall keep in optimum working order, through regular maintenance,any and all equipment that shall emanate sounds from the structures or site. PRIOR TO THE ISSUANCE OF A CERTIFICATE OF OCCUPANCY 1) House numbers for each lot must be posted so as to be seen from the street. 2) All slopes shall be stabilized, as determined by the Planning Board, with regard to erosion and safety. 3) All lots must be raked, loamed and seeded, sodded or mulched, if the weather does not permit seeding or sodding. 4) It shall be the developer's responsibility to assure the proper placement of the driveways regardless of whether individual lots are sold. The Planning Board requires any driveway to be moved at the owner's expense if such driveway is at a catch basin or stone bound position. 5) The Planning Board reserves the right to review the site after construction is complete and require additional site screening as it deems necessary and reasonable. 6 Kelsey Lane Subdivision, off Molly Towne Road Map 107A,Parcel 234 6) The applicant must submit a letter from the architect and engineer of the project stating that the building and site layout substantially comply with the plans referenced at the end of this decision as endorsed by the Planning Board. 7) The homes built on lots 2 and 3 must be equipped with a home sprinkler system that will be installed according dm to current g building code standards. The:sprinkler systems must be inspected and approved by the North Andover Fire Department. PRIOR TO THE FINAL RELEASE OF ALL SECURITY AND ESCROWED FUNDS 1) A final as-built plan showing final topography, the location of all on- site utilities, structures and drainage facilities must be submitted to the Planning Department. 2) The Planning Board must by a majority vote make a finding that the site is in conformance with the approved plan. 3) The Town Planner shall ensure that all Planning, Conservation, Board of Health and Division of Public Works requirements are satisfied and that construction was in strict compliance with all approved plans and conditions. 4) The private driveway and all stormwater management systems must be constructed according to the plans approved by the Planning Board GENERAL CONDITIONS 1) The contractor shall contact Dig Safe at least 72 hours prior to commencing any-excavation. 2) Gas, Telephone, Cable and Electric utilities shall be installed underground as specified by the respective utility companies. 3) The hours for construction shall be limited to between 7:00 a.m. and 5:00 p.m. Monday through Friday and between 8:00 a.m.and 5:00 p.m. on Saturday. 4) The provisions of this conditional approval shall apply to and be binding upon the applicant, its employees and all successors and assigns in interest or control. 5) Any action by a Town Board, Commission, or Department,which requires changes in the plan or design of the building, as presented to the Planning Board, may be subject to modification by the Planning Board. 6) Any revisions shall be submitted to the Town Planner for review. If these revisions are deemed substantial,the developer must submit revised plans to the Planning Board for approval. 7) The following information shall be deemed part of the decision: Plan titled: Definitive Subdivision Plan for"Kelsey Lane",located in North Andover,MA Subdivision Proof Plan for"Kelsey Lane",located in North Andover,MA Prepared for: William&Lynne Gillen 54 Spring Hill Road North Andover,MA 01845 Prepared by: Christiansen&Sergi 7 t Kelsey Lane Subdivision,off Molly Towne Road Map 107A,Parcel 234 160 Summer St. Haverhill,MA North Andover,MA 01845 Scale: 1"=40' Date: May 19, 2009, revisions August 11, 2009, August 24, 2009, August 21, 2009, September 14,2009 and September 15,2009. Sheets: 5 Application for Definitive Subdivision Plan Received: July 1,2009 Narrative Received: July 1,2009 Stormwater Management Report: Received: July 1,2009,updated August 11,2009,August 21,2009 and September 15,2009. cc: Town Departments Applicant Engineer gmeer Abutters Assessor crs� G C:)a n w n 8 „oerw RECEIVED Town of North ...�e o Andover TO ” �° F'l 'S OFFICE A Office of the PlanningDepartment 2009ERCT -7 PM 3. 52 Community Development and Services Division Awry° � 5 "SSACHus��< 1600 Osgood Street TOWN 0 r North Andover, NORTH ANDOVER Massachusetts 01845 1RRSS OIS ;�i NOTICE OF DECISION Bldg' ZBA Con/Com Health Any appeal shall be filed Fire Chief Police Chief within(20)days after the Town Clerk DPW/Engineers date of filing this notice in Surrounding Towns the office of the Town Clerk. Date: October 6,2009 Date of Hearings: September 15, 2009, October 6,2009 Date of Decision: October 6,2009 Application of: New Cingular.Wireless PCS, LLC ("ATU") Premises Affected: 0 Chestnut St. (a/k/a 300 Chestnut St) Map 98C,Parcel 2 Referring to the above petition for a renewal of a Wireless Special Permit from the requirements of the North Andover vo:ung Bylaw, Sections 8.9 Wireless Service Facilities and Section 2.65 Special Permit Granting Authority; So as to allow the renewal of a Special Permit to continue operation of 12 coaxial cable antennas on an existing wireless service tower located at 0 Chestnut St.(a/k/a 300 Chestnut St.)and an 12 ft. by 20 ft. equipment shelter for ancillary equipment. The Special Permit was originally granted by the North Andover Planning Board on May 31,2006 and was recorded on June 30, 2006. After litigation with the North Andover Board of Appeals was decided in favor of AT&T by a Federal Court Judgment issued on September 25, 2006, the facility was constructed according to a Building Permit issued by the Town of North Andover Building Inspector on July 24,2007. Upon a motion by Michael Walsh and a 2nd by Tim Seibert, the Planning Board hereby APPROVES the renewal of a Wireless Special Permit for an installation of a Wireless Facility on an existing structure by a vote of 6 in/layor and 0 against. On be of the North A over Planning Board John Simons,Chairman Richard Rowen Timothy Seibert Michael Walsh Courtney LaVolpicelo Michael Colantoni 1 The Planning Board herein approves the renewal of the Special Permit to continue operation of the Wireless Facility, which consists of 12 coaxial cable antennas on an existing wireless service tower located at 0 Chestnut St. (a/k/a 300 Chestnut St.) and an 11 ft. by 26 ft. equipment shelter for ancillary equipment. The renewal of the Special Permit was requested by Stephen Anderson, Esq., Agent for New Cingular Wireless PCS, LLC ("AT&T"). This application and additional documentation as cited herein was filed with the Planning Board on August 3, 2009, with subsequent submittals on file. The applicant submitted a complete application which was noticed and reviewed in accordance with Sections 8.3, 8.9, 10.3, and 10.3.1 of the Town of North Andover Zoning Bylaw and MGL c.40A, Sec. 9. The Planning Board finds that the applicant has met the following requirements as required by the North Andover Zoning Bylaw Section 8.9: FINDINGS OF FACT.- 1. ACT.1. The renewal application meets the filing requirements of the Wireless Service Facilities By-law Section 8.9.12. The applicant has demonstrated that the proposed wireless facility is in compliance with FCC regulations regarding Maximum Permissible Exposure (MPE) limits, as indicated by the submittals and reports provided by the applicant, authored by Donald L. Haes, PhD. The reports are dated September 16, 2008 and September 7, 2009, with addendums dated September 25,2009 and September 26, 2009. The conclusion stated in the reports is that the applicant's Wireless Facility installation contributes a maximum RF exposure of less than one-tenth of one percent of the current State and Federal permissible exposure guidelines. The Telecommunications Act of 1996 prohibits this Board from taking health effects of RF transmissions into account beyond FCC requirements. 2. The applicant had also.demonstrated Ahat,the site is in compliance with the Noise Standards as set forth in section 8.9.8(b). 3. The Planning Board received input and answered questions from residents. However, the Planning Board believes that the applicant has demonstrated compliance with the Town of North Andover Zoning Bylaw requirements for this application. Finally the Planning Board finds that this project generally complies with the Town of North Andover Zoning Bylaw requirements as listed in Section 8.9 but requires conditions in order to be fully in compliance. The Planning Board hereby grants an approval to the applicant provided the following conditions are met: SPECIAL CONDITIONS: 1) Discontinuance Abandonment 2 a) At such time that a licensed carrier plans to abandon or discontinue operation of wireless service equipment, such carrier will notify the Town by certified US mail of the proposed date of abandonment or discontinuation of operations. Such notice shall be given no less than 30 days prior to abandonment or discontinuation of operations. In the event that a licensed carrier fails to give such notice, the wireless service equipment shall be considered abandoned upon discontinuation of operations. b) Upon abandonment or discontinuation of use, the carrier shall physically remove the wireless service equipment placed on the site by the carrier within 90.days from the date of abandonment or discontinuation of use. "Physically remove" shall include, but not be limited to: i) Removal of antennas, mount, equipment shelters and security barriers installed by the carrier(unless the same will continue to be used by the owner) from the subject property. ii) Proper disposal of the waste materials generated by the carrier from the site in accordance with local and state solid waste disposal regulations. iii) Restoring the location of the wireless service facility in its condition before the installation, except that any landscaping and grading shall remain the after-condition. c) The equipment shall be deemed to be abandoned or discontinued if it has not been used for the purpose for which it was originally constructed for a period of six (6) months or more. Once abandonment or discontinuance has occurred, the carrier shall remove the equipment from the subject property within:ninety days. 2) Term of Special Permit. a) A Special Permit issued for this wireless service facility shall be valid for three (3) years from the date of the decision for the Special Permit renewal. The special permit may be renewed under the same criteria as the original special permit, provided that the application for renewal of the special permit is made prior to the expiration date of the original or any renewed special permit. Additional measures governing the administration of the special permit are found in Section 10.3 of the Zoning Bylaw. b) The applicant shall submit to the SPGA at annual intervals from the date of the decision for the Special Permit renewal, preexistent and current RFR measurements. Such measurements shall be signed and certified by an RF engineer, stating that RFR measurements are accurate and are in compliance or why the measurements fail to comply with all applicable FCC Guidelines as specified in Section 8.9(5)(d)(vii) RFR Filing Requirements of this Bylaw. The measurements shall be submitted for both the applicant and all co-locators. If the 3 A applicant fails to comply with this requirement, the Special Permit will be revoked, until such time that the installation is brought into compliance with FCC Guidelines. c) The applicant shall submit to the SPGA at annual intervals from the date of decision of the Special Permit renewal, preexistent and current measurements of acoustic noise from the wireless service facility. Such measurements shall be certified and signed by an acoustical engineer, stating that noise measurements are accurate and meet the Noise Standards sub-section 8.9.(5)(d)(vi) of this Bylaw. The applicant shall forward to a separate consulting engineer, selected by the Town,the above materials for review. The applicant shall pay for such review. d) The applicant and co-applicant or their successor in interest shall maintain the wireless service equipment in good condition. Such maintenance shall include, but shall not be limited to,painting and structural integrity of the antennas. 3) In an effort to reduce noise levels,the applicant shall keep in optimum working order, through regular maintenance, any and all equipment that shall emanate sounds from the structures or site. 4) The provisions of this conditional approval shall apply to and be binding upon the applicant, its employees and all successors and assigns in interest or control. 5) The following information shall be deemed part of the decision: a) Application titled: Application for Special Permit Renewal New Cingular Wireless PCS,LLC ("AT&T") c/o Stephen Anderson Anderson&Kreiger One Canal Park Suite 200 Cambridge,MA 02141 Prepared for: New Cingular Wireless PCS,LLC ("AT&T) b) Documentation Submitted: 1 Original Special Permit Decision, date May 8, 2006. 2 Court Judgment,New Cingular Wireless PCS LLC, Defendants, dated October 4, 2006. 3 Certificate of Amendment of a Foreign Liability Company. 4 4 Building Permit, dated July 24, 2007. 5 Original Site Plan titled,ed, "North Andover-SBA COLO, Site No: BOS-020 (855)". 6 RF Emissions Report prepared by Donald L. Haes,dated September 16,2008 and September 7, 2009. 7 Addendum to RF Emission Reports, prepared by Donald L. Haes, dated September 26, 2009 and September 25, 2009. 8 Engineer Final Affidavit, prepared by Bradford Mills. P.E., dated October 1; 2009. CZ 5 CHRISTIANSEN & SERGI, INC. PROFESSIONAL ENGINEERS AND LAND SURVEYORS 160 SUMMER STREET,HAVERHILL,MA 01830-6318 (E Please time stamp both Copies and return one copy to Mary Ippolito. Thank you. I Me o X '�G To: NORTH ANDOVER PLANNING BOARD " From: LOIS CHRISTIANSEN CC: .. .-.. Date: 7/30/2009 Re: WILLIAM GILLEN DEFINITIVE PLAN ON BEHALF OF WILLIAM GILLEN, I REQUEST THAT THE HEARING OF THE DEFINITIVE SUBDIVISION FOR KELSEY LANE BE CONTINUED TO THE AUGUST 18 BOARD MEETING. THANK YOU