HomeMy WebLinkAbout2011-12-20 Planning Board Supplemental Materials (2)
Special Permit - Wireless
5 Boston Road, Sprint
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: December 20, 2011
Date of Hearings: December 6, 2011,
December 20, 2011
Date of Decision: December 20, 2011
Application of: Eric Kallio, As Agent on Behalf of Sprint Spectrum LP
Premises Affected: 5 Boston Road (5 Boston Street)
Map 107C Parcel 11
Referring to the above petition for a Wireless Service Facility Special Permit and
modification to a pre-existing facility, 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 modify the pre-existing wireless services facility
located at roof top level, on three sides of the building located at 5 Boston Road.
Modification consists of removal of six (6) CDMA antennas and replacement with seven
(7) network vision antennas & nine (9) Radio Head units, plus removal of two (2)
existing cabinets and replacing with three (3) cabinets located in a room on the second
floor of the building.
nd
, the Planning BoardAPPROVES
Upon a motionby X and a 2 by X hereby the
Wireless Service Facilities Special PermitModify
issuance of a and to the pre-existing
,
wireless service facility including the removal of six (6) CDMA antennas and
replacement with seven (7) network vision antennas & nine (9) Radio Head units and
related equipment on an existing structure by a vote of X in favor and 0 against.
___________
___________
On behalf of the North Andover Planning
Board
John Simons, Chairman
Timothy Seibert
Michael Colantoni
Richard Rowen
Rickey Glover
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Special Permit - Wireless
5 Boston Road, Sprint
The Planning Board herein approves the Special Permit to continue operation of the
Wireless Facility, and the modification of that facility, by the replacement of six (6)
CDMA antenna with seven (7) network vision antennas & nine (9) Radio Head antenna,
plus removal of two (2) existing cabinets replacement with three (3) cabinets located in a
room on the second floor of the building.
Eric Kallio, As Agent on Behalf of Sprint Spectrum LP, requested the Special Permit.
This application and additional documentation as cited herein were filed with the
Planning Board on November 2, 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 Special Permit 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 December 6, 2011
authored by EBI Consulting. The conclusion stated in the reports is that the
applicant’s Wireless Facility installation contributes a maximum RF exposure of
less than six-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 coverage without the activation of the
proposed Network Vision antennas’ advanced broadband capability at data speeds
competitive with cable/wireless services. He also concludes that the location and
distance of neighboring sites rule out their use to cover this gap.
3.The applicant will also demonstrate that the site is in compliance with the Noise
Standards as set forth in section 8.9.8(b).
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 providedthe following conditions are met:
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Special Permit - Wireless
5 Boston Road, Sprint
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 8.4.f.ii) Structural Report. Section 8.9.5.d) Application Filing Requirements,
ii) Location Filing Requirements sections (4), and (5), iii) Siting Filing Requirements
sections (1), (3, (4), (9), (10), and (12), iv) Site lines and photographs as described
below: sections (1), (3), (4), (4a), (4b), (4c), (4d), and (4e), v) Design Filing
Requirements sections (2), (3) (4), (6), and (7).
3)Annual Certification:
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Special Permit - Wireless
5 Boston Road, Sprint
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.
4)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. 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.
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.
5)Prior to the endorsement of the plans by the Planning Board, the applicant must
comply with the following conditions:
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Special Permit - Wireless
5 Boston Road, Sprint
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)A Noise Report shall be submitted to the Planning Department for review.
The Town Planner will determine if the report meets the requirements of the
Town’s Bylaw as set forth in Section 8.9.5.vi).
c)The applicant shall provide the necessary certification as required in the above
sections 3a.
6)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.
7)Prior to FORM U verification
(Building Permit Issuance):
a) The final site plan mylars must be endorsed and three (3) copies of the
signed and recorded plans must be delivered to the Planning Department.
b) A certified copy of the recorded decision must be submitted to the
Planning Department.
8)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.
9)
In an effort to reduce noise levels, the applicant shall keep in optimum working order,
through regular maintenance, any and all equipment that shall emanate sounds from
the structures or site.
10)
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.
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Special Permit - Wireless
5 Boston Road, Sprint
11)
The following information shall be deemed part of the decision:
Application Titled
a): Application for Special Permit
Eric Kallio, As Agent on Behalf of
Sprint Spectrum LP
PO Box 73
154 Glenallen St. Winchendon, MA 01477
Prepared for
: Sprint Spectrum LP
b)Documentation Submitted:
1Town of North Andover Planning Board Application for Special Permit-
Modification to Existing Wireless Communication;
2 Site Plans for Proposed Modification of Facility, prepared by
Hudson Design Group, Site Number BSO3XC188 and Site Address
5 Boston Hill Road, North Andover, MA 01845, dated 8/9/2011, and
revised 9/7/2011 and 10/18/2011, including Sheet T-1, C-1, A-1, A-2,
A-3;
3Radio Frequency Emission Survey, dated December 6, 2011,
prepared by EBI Consulting;
4Certified Abutters’ List;
5RF Engineering Affidavit, prepared by Ryan Monte de Ramos, RF
Engineer, Alcatel-Lucent, dated October 18, 2011;
6Product Data Sheets;
7Building Lease Agreement, between Benjamin G. Farnum, as Lesser, and
Sprint Spectrum L. P., as Lessee dated September 23, 1996, including
Exhibit A and Exhibit B;
8Letter of Authorization from Benjamin G. Farnum, dated August 15,
2011
9Copy of FCC license, Expiration date November 13, 2025;
10Existing/Proposed Conditions, dated October 20, 2011;
11Existing and Proposed Indoor Reliable Coverage for BSO3XC188
12Review Report, dated December 2, 2011, Prepared by Mark F. Hutchins.
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Special Permit - Wireless
5 Boston Road, Sprint
Cc: Applicant
Abutters
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