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HomeMy WebLinkAbout2011-09-20 Planning Board Supplemental Materials (9) Special Permit Renewal & Modification 723 Osgood Street, AT&T Town of North Andover Office of the Planning Department Community Development and Services Division 1600 Osgood Street North Andover, Massachusetts 01845 NOTICE OF DECISION Any appeal shall be filed within (20) days after the date of filing this notice in the office of the Town Clerk. Date: September 20, 2011 Date of Hearings: September 6, 2011, September 20, 2011 Date of Decision: September 20, 2011 Application of: New Cingular Wireless PCS, LLC (“AT&T”) Premises Affected: 723 Osgood Street (Stevens Estate) Map 35 Parcel 23 Referring to the above petition for a renewal and modification of a Wireless Special Permit, in accordance with the requirements of the North Andover Zoning Bylaw, Sections 8.9 Wireless Service Facilities and Section 2.65 Special Permit Granting Authority, in order to renew said Special Permit and to allow for installation on its Wireless Services Facility three (3) Long Term Evolution (LTE) antennas as replacements for three (3) existing GSM antennas. The petition also includes removal and installation of related and ancillary cabling and equipment. So as to allow the renewal of a Special Permit to continue operation of 3 wireless service antennas with associated coaxial cabling and other related equipment on an existing wireless service tower located at 723 Osgood Street (a/k/a Stevens Estate) and a 10 ft. X 20 ft. equipment shelter for ancillary equipment. The applicant is also asking for a Modification of the Special Permit to replace three (3) GSM antennas with three (3) LTE antennas and related equipment at the same location. The Special Permit was originally granted by the North Andover Planning Board on November 14, 2001, renewed October 4, 2007, and most recently renewed on September 7, 2010. This petition seeks the modification of the Special Permit to accomplish the antenna swap as above-noted and for the Special Permit to extend for a three (3) year period. nd , the Planning Board Upon a motionby R. Glover and a 2 by T. Seibert hereby APPROVES Wireless Special Permit, the renewal and modification of a including the replacement of three existing antennas with three LTE antennas and related equipment on an existing structure by a vote of 5 in favor and 0 against. ___________ ___________ On behalf of the North Andover Planning Board John Simons, Chairman Timothy Seibert Michael Colantoni Richard Rowen Rickey Glover 1 Special Permit Renewal & Modification 723 Osgood Street, AT&T The Planning Board herein approves the renewal and modification of the Special Permit to continue operation of the Wireless Facility, which consists of 3 antennas on an existing wireless service tower located at 723 Osgood Street. (a/k/a Stevens Estate) and a 10 ft. X 20 ft. equipment shelter for ancillary equipment and replace three (3) GSM antennas with three (3) LTE (Long Term Evolution) antennas, plus ancillary equipment at the same location. The renewal of the Special Permit was requested by Susan Roberts, Esq., Agent for New . This applications and additional documentation as Cingular Wireless PCS, LLC (“AT&T”) cited herein were filed with the Planning Board on August 12, 2011, with subsequent submittals on file. The applicant submitted a complete application which was noticed and reviewed in accordance with Sections 8.3, 10.3, and 10.3.1 of the Town of North Andover Zoning Bylaw and MGL c.40A, Sec. 9. The Planning Board finds that the applicant has met the following requirements as required by the North Andover Zoning Bylaw Section 8.9: FINDINGS OF FACT: 1.The renewal and modification application meets the filing requirements of the Wireless Service Facilities By-law Section 8.9.12. The applicant has demonstrated that the existing wireless facility, with the addition of the LTE antennas is in compliance with FCC regulations regarding Maximum Permissible Exposure (MPE) limits, as indicated by the report provided by the applicant dated June 7, 2011 authored by SAI Communications. The conclusion stated in the reports is that the applicant’s Wireless Facility installation contributes a maximum RF exposure of less than four-tenths of one percent of the current State and Federal permissible exposure guidelines. The Telecommunications Act of 1996 prohibits this Board from taking health effects of RF transmissions into account beyond FCC requirements. 2.The town’s consultant has reviewed the RF Reports and has found that the applicant has shown a clear gap in LTE coverage without the activation of the proposed LTE antennas. He notes that AT&T seeks to deploy the LTE spectrum to enable advanced broadband capability at data speeds competitive with cable/wireline services. He also concludes that the location and distance of neighboring sites rule out their use to cover this LTE coverage gap. 3.The applicant has also demonstrated that the site is in compliance with the Noise Standards as set forth in section 8.9.8(b). 4.The applicant has provided a structural report, dated August 2, 2011 and authored by Vertical Solutions, Inc., that demonstrates that the existing structure does have the capacity for installation of the three new LTE antennas. 2 Special Permit Renewal & Modification 723 Osgood Street, AT&T Finally the Planning Board finds that this project generally complies with the Town of North Andover Zoning Bylaw requirements as listed in Section 8.9 with exception but requires conditions in order to be fully in compliance. The Planning Board hereby grants an approval to the applicant providedthe following conditions are met: SPECIAL CONDITIONS: 1)Discontinuance Abandonment a)At such time that a licensed carrier plans to abandon or discontinue operation of wireless service equipment, such carrier will notify the Town by certified US mail of the proposed date of abandonmentor 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 fromthe site in accordance with local and state solid waste disposal regulations. iii)Restoring the location of the wireless service facility in its condition before the installation, except that any landscaping and grading shall remain the after-condition. c)The equipment shall be deemed to be abandoned or discontinued if it has not been used for the purpose for which it was originally constructed for a period of six (6) months or more. Once abandonment or discontinuance has occurred, the carrier shall remove the equipment from the subject property within ninety days. 2) Waivers: The installation will be constructed according to the Plans, with the following waivers granted by the Town of North Andover Planning Board, according to the provisions of the Town of North Zoning Bylaw. These waivers are hereby granted in consideration of the installation as a pre-existent installation and a co-location: Section 8.9.5.d Application Filing Requirements, ii) Location Filing Requirements sections (3), (4), and (5), iii) Siting Filing Requirements sections (3), (4), (9), (10), and (12), iv) Sight lines and photographs as described below: sections (1), (2), (3), (4), (4a), (4b),(4c), (4d), and (4e), v) Design Filing Requirements sections (4), (6), 3 Special Permit Renewal & Modification 723 Osgood Street, AT&T and (7). 3)Upgrades: Pursuant to Section 8.9.7 of the Town of North Andover Bylaws, any upgrades to the equipment to be installed on the tower would require a new structural report to be submitted to the Planning Board for review. 4)Annual Certification: a)Annual certification demonstrating continuing compliance with the standards of the Federal Communications Commission, Federal Aviation Administration and the American National Standards Institute shall be filed with the SPGA by the Special Permit holder. 5)Term of Special Permit: a)Pursuant to Section 8.9.12.a of the Town of North Andover Zoning Bylaw, a three (3) SpecialPermit issued for this wireless service facility shall be valid for years from the date of the decision for the Special Permit renewal and modification. The special permit may be renewed under the same criteria as the original special permit, as modified herein, provided that the application for renewal of the special permit is made prior to the expiration dateof the original or any renewed special permit. Additional measures governing the administration of the special permit are found in Section 10.3 of the Zoning Bylaw. b)Pursuant to Section 8.9.8.a of the Town of North Andover Zoning Bylaw, the applicant shall submit to the SPGA at annual intervals from the date of the decision for the Special Permit renewal, preexistent and current RFE measurements. Such measurements shall be signed and certified by an RF engineer, stating that RFE measurements are accurate and are in compliance or why the measurements fail to comply with all applicable FCC Guidelines as specified in Section 8.9(5)(d)(vii) RFE Filing Requirements of this Bylaw. The measurements shall be submitted for both the applicant and all co-locators. If the applicant fails to comply with this requirement, the Special Permit will be revoked, until such time that the installation is brought into compliance with FCC Guidelines. c)Pursuant to Section 8.9.8.b of the Town of North Andover Zoning Bylaw, the applicant shall submit to the SPGA at annual intervals from the date of decision of the Special Permit renewal, preexistent and current measurements of acoustic noise from the wireless service facility. Such measurements shall be certified and signed by an acoustical engineer, stating that noise measurements are accurate . and meet the Noise Standards sub-section 8.9.(5)(d)(vi) of this BylawThe applicant shall forward to a separate consulting engineer, selected by the Town, the above materials for review. The applicant shall pay for such review. 4 Special Permit Renewal & Modification 723 Osgood Street, AT&T d) The applicant and co-applicant or their successor in interest shall maintain the wireless service equipment in good condition. Such maintenance shall include, but shall not be limited to, painting and structural integrity of the antennas. 6)Prior to the endorsement of the plans by the Planning Board, the applicant must comply with the following conditions: five thousand dollars5,000) a)A bond in the amount of ($ shall be posted for the purpose of insuring that the applicant will file with the Planning Staff a final as-built plan showing the location of all on-site structures. The bond is also in place to insure that the site is constructed in accordance with the approved plan. This bond shall be in the form of a check made out to the Town of North Andover. This check will then be deposited into an interest bearing bond account. b)The applicant shall provide the necessary certification as required in the above sections 3a. 7)Prior to the start of construction: a)A construction schedule shall be submitted to the Planning Staff for the purpose of tracking the construction and informing the public of anticipated activities on the site. 8)Prior to FORM U verification (Building Permit Issuance): a) The final site plan mylars must be endorsed and three (3) copies of the signed plans must be delivered to the Planning Department. b) A certified copy of the recorded decision must be submitted to the Planning Department. 9)Prior to the final release of security: a)A final as-built plan showing final construction and location of the wireless hardware shall be submitted to and reviewed by the Planning Staff. 10) In an effort to reduce noise levels, the applicant shall keep in optimum working order, through regular maintenance, any and all equipment that shall emanate sounds from the structures or site. 5 Special Permit Renewal & Modification 723 Osgood Street, AT&T 11) The provisions of this conditional approval shall apply to and be binding upon the applicant, its employees and all successors and assigns in interest or control. 12) The following information shall be deemed part of the decision: Application Titled a): Request for Modification of Special Permit New Cingular Wireless PCS, LLC (“AT&T”) c/o Susan M. Roberts, Esq. Anderson & Kreiger LLP One Canal Park Suite 200 Cambridge, MA 02141 Prepared for : New Cingular Wireless PCS, LLC (“AT&T”) b)Documentation Submitted: 1Town of North Andover Planning Board Application for Special Permit- Modification; 2 Site Plans for Proposed Modification of Facility, prepared by Atlantis Group, dated May 31, 2011, including Sheet T-1, GN-1, A-1, A-2, A-3, and G-1; 3Report of Radio Frequency Engineer Kevin Breuer, dated June 2, 2011 with coverage maps; 4Photographs of 2011 Existing Facility and Photo simulations of Proposed Facility; 5FCC Licenses Applicable to Facility; 6LTE Antenna and Related Equipment Specifications; 7Maximum Permissible Exposure Study, prepared by SAI Communications, dated June 7, 2011; 8Table of Compliance with Town of North Andover Wireless Services Facilities Bylaw, Section 8.9; 9Acoustic Noise Study for Facility, prepared by Noise Control Engineering, Inc., dated June 20,2011, including modification by the addition of antennas as shown in proposed Site Plans; 6 Special Permit Renewal & Modification 723 Osgood Street, AT&T 10Letter of Authorization from TowerCo Assets LLC 11Table of Requested Waivers; 12Certified Abutters’ List; and 13Insurance Certificate; 14Structural Analysis dated, August 2, 2011, Prepared by Vertical Solutions, Inc.; 15Review Report, dated September 5, 2011, Prepared by Mark F. Hutchins. Cc: Applicant Abutters 7