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HomeMy WebLinkAbout2011-09-06 Planning Board Supplemental Materials (58) ANDERSON GEIZ L SUSAN M.ROBERTS sroberts@andersonkreiger.corn Direct phone: 617-621-6522 Direct fax: 617-621-6622 August 12, 2011 BY HAND BY HAND Joyce A. Bradshaw, John Simons, Chairman Town Clerk Planning Board Town of North Andover Town of North Andover Municipal Building 1600 Osgood Street 120 Main Street North Andover, Massachusetts 01845 North Andover, Massachusetts 01845 RE: Applicant: New Cingular Wireless PCS,LLC ("AT&T") Site: Stevens Estate, 723 Osgood Street (Map 35, Lot 23); Residential 1 ("Site") Land Owner: Town of North Andover Subject: Request for Modification of Special Permit under Bylaw § 8.9(7)to Swap Three (3)Long Term Evolution(LTE)Antennas for Existing Antennas. (All relief if and to the extent necessary, all rights reserved) Dear Mr. Simons and Members of the Board, and Ms. Bradshaw: Pursuant to Section 8.9(7) of the North Andover Zoning Bylaw,New Cingular Wireless PCS, LLC, by and through its manager,AT&T Mobility Corporation("AT&T"), supplements its application for a Special Permit—Modification("Application") filed on July 15, 2011. AT&T seeks to modify its existing Special Permit for operation of its wireless communication facility ("Facility"), last renewed on September 7, 2010, by substituting three (3) long term evolution (LTE) antennas (and related equipment) for the existing three (3) GSM and UMTS antennas (and related equipment) inside a canister on the flagpole-style structure at the existing Facility. The Facility is located within the Stevens Estate, at 723 Osgood Street in North Andover. This Facility was first permitted by the Planning Board on November 14, 2001, renewed on October 4, 2007, and most recently renewed on September 7, 2010. AT&T's Application seeks the modification of the Special Permit to accomplish the antenna swap as above-noted and for the Special Permit to extend for a three (3) year period. (A0135590.1) One Canal Park, Suite 200 • Cambridge MA 02141 • 617-621-6500 - Fax: 617-621-6501 s^i Printed nn recycled nanei Planning Board Town of North Andover August 12, 2011 Page 2 I. ENCLOSED DOCUMENTS AT&T previously submitted to the Planning Board the application fee of$1,000,00. Enclosed are three (3) copies of the following documents: 1. Town of North Andover Planning Board Application for Special Permit-- Modification [previously submitted on 7/15/11]; 2. Site Plans for Proposed Modification of Facility, prepared by Atlantis Group, dated May 31, 2011; SHEET TITLE REV. DATE T-1 Title Sheet 5/31/11 GN-1 General Notes 5/31/11 A-1 Plans and Details 5/31/11 A-2 Antenna Layout and Elevation 5/31/11 A-3 Equipment Details 5/31/11 G-1 Grounding, One-Line Diagram & Details 5/31/11 3. Report of Radio Frequency Engineer Kevin Breuer, dated June 2, 2011 with coverage maps; 4. Photographs of 2011 Existing Facility and Photosimulations of Proposed Facility; 5. FCC Licenses Applicable to Facility; 6. LTE Antenna and Related Equipment Specifications; 7. Maximum Permissible Exposure Study,prepared by SAI Communications, dated June 7, 2011; 8. Table of Compliance with Town of North Andover Wireless Service Facilities Bylaw, Section 8.9; 9. Acoustic Noise Study for Facility, prepared by Noise Control Engineering, Inc., dated June 20, 2011, including modification by the addition of antennas as shown in proposed Site Plans; 10. Letter of Authorization from TowerCo Assets LLC; 11. Table of Requested Waivers; (A0135590.1} ANDERSON KREIGERUP P,i"I'l—r""I'd-- Planning Board Town of North Andover August 12, 2011 Page 3 12. Certified Abutters' List; and 13. Insurance certificate. AT&T reserves the right to supplement this application at or before the public hearing scheduled for September 6, 2011. II. EXISTING FACILITY AND PROPOSED MODIFICATION The existing Facility consists of a 100 ft. flagpole-style structure inside a canister on which the three (3) existing GSM and UMTS antennas and associated cabling and equipment are situated at a height of 88 ft. above ground level. (See, Site Plans, Exhibit 2). The flagpole is located within a compound area containing AT&T's equipment shelter and stands on a 153 acre forested parcel known as the Stevens Estate at 723 Osgood Street, owned by the Town of North Andover.' (See, Photographs and Photosimulations, Exhibit 4). In this Application, AT&T now seeks to swap three (3) new LTE antennas (one per each of the three (3) sectors), fiber and coaxial cable, and associated equipment and appurtenances for the existing three (3) GSM and UMTS antennas and associated cabling and equipment. (See, Site Plans, Exhibit 2). The Facility will continue to be connected to standard electric and telephone utilities existing at the Facility. In order to accommodate the somewhat larger-sized LTE antennas,AT&T proposes that the 20 inch-diameter'existing canister housing AT&T's GSM and UMTS be replaced with a larger canister measuring 28 inches in diameter.2 The proposed modification will enable AT&T to add a new wireless broadband technology designed to support mobile Internet access via mobile phones and handheld devices. The modified Facility will allow AT&T's existing and future customers to connect to the Internet at significantly greater speeds with considerably improved navigability,3 thereby providing enhanced wireless services in the geographic area served by the existing Facility for the businesses, in-vehicle travelers, and residents of the area. See also, Report of Radio Frequency Engineer Kevin Breuer, Exhibit 3. As shown on the Site Plans, Exhibit 2,the specific modifications to the existing Facility are as follows: 1 A second carrier(Sprint)also operates antennas within the flagpole's interior and has an equipment shelter in the compound area. Previously,AT&T and Sprint together have sought and received Special Permit renewals. 2 The Site Plans,Exhibit 2,indicate that the diameter of the existing canister is 26". However, subsequent to the Site Plans' generation,AT&T learned that this figure is incorrect. AT&T will change the Site Plans to indicate in its final plans to be submitted to the Planning Board prior to obtaining the building permit the correct diameter of 20". 3 See, AT&T website 8-8-11:hitp://www.wireless.att.com//Ieam/wby/technology/4g-Ite.jM. (A0135590.1} ANDERSON KREIGERLLP Planning Board Town of North Andover August 12, 2011 Page 4 • One (1) LTE Antenna per sector (x 3 sectors)to be located inside the flagpole canister • Twin TMAs (x 3 sectors)to be located inside the flagpole canister • One (1) surge arrestor attached to the equipment shelter wall (x 3 sectors) • One GPS antenna attached to the equipment shelter • Raycap DCX-48-60-0-RM equipment cabinet • Associated fiber trunk and DC cables in flex conduits • Additional LTE-related radio and other telecommunications equipment to be located in AT&T's existing equipment shelter at the Facility. III. AT&T'S NETWORK AT&T is the premier wireless company in the United States, with more than 95 million subscribers who use the nation's fastest 3G and expanding 4G networks. AT&T is dedicated to providing customers with wireless technology designed to enrich their lives. AT&T continually raises its performance to meet and exceed customer expectations. AT&T is licensed by the Federal Communications Commission to provide wireless phone service across the country and throughout Massachusetts, including the Town of North Andover and surrounding communities. Wireless coverage for voice and data is provided by placement of a number of low power antenna sites within a given area. In order to build out its LTE network and meet customer demand, AT&T must have in place a system of low power "cell sites"to serve portable wireless communication handsets and devices. The sites are spaced so that the coverage from each location overlaps with its neighboring sites. When a connection is established on a certain site,the wireless device monitors the signal from the serving site, as well as the signal of all of the adjacent sites. When the wireless device receives a stronger signal from an adjacent site, it requests a transfer from the site it is currently using to the stronger site. If there is seamless coverage provided by the carrier, the connection will transfer without interruption. If there is a lack of appropriate signal strength at the transfer point, the quality of the connection will degrade and possibly drop. IV. FEDERAL TELECOMMUNICATIONS ACT AT&T's application is governed by the provisions of the Federal Telecommunications Act of 1996, which the United States Supreme Court has explained as follows: Congress enacted the Telecommunications Act of 1996 (TCA) ... to promote competition and higher quality in American telecommunications services and to "encourage the rapid deployment of new telecommunications technologies." ... One of the means by which it sought to accomplish these goals was reduction of the impediments imposed by local governments upon the installation of facilities for wireless communications, such as antenna towers. To this end,the TCA amended the Communications Act of 1934, ... to include § 332(c)(7), Which imposes specific limitations on the traditional authority of (A0135590,1 J ANDERSON&KREIGERLLP Planning Board Town of North Andover August 12, 2011 Page 5 state and local governments to regulate the location, construction, and modification of such facilities, ... 47 U.S.C. § 332(c)(7). Under this provision, local governments may not"unreasonably discriminate among providers of functionally equivalent services," § 332(c)(7)(13)(i)(I),take actions that"prohibit or have the effect of prohibiting the provision of personal wireless services," § 332(c)(7)(13)(i)(11), or limit the placement of wireless facilities "on the basis of the environmental effects of radio frequency emissions," § 332(c)(7)(B)(iv). They must act on requests for authorization to locate wireless facilities "within a reasonable period of time," § 332(c)(7)(B)(ii), and each decision denying such a request must"be in writing and supported by substantial evidence contained in a written record," § 332(c)(7)(B)(iii). City of Rancho Palos Verdes, Cal. v. Abrams, 544 U.S. 113, 115-116, 125 S.Ct. 1453, 1455 - 1456 (2005) (internal citations omitted). The TCA was intended to provide for a pro-competitive, de-regulatory national policy framework designed to accelerate rapidly private sector deployment of advanced telecommunications and information technologies to all Americans. The proposed Facility will help bring advanced and improved wireless telecommunication and information technologies to North Andover. V. COMPLIANCE WITH THE TOWN OF NORTH ANDOVER'S WIRELESS TELECOMMUNICATIONS SERVICES BY-LAW AND DESIGN REVIEW PROCESS As outlined in the attached Table of Compliance (Exhibit 8), the proposed Facility complies with all applicable provisions of the Town of North Andover Wireless Service Facilities Bylaw. V. CONCLUSION AT&T respectfully requests that the Planning Board grant its request for modification of its Special Permit to allow AT&T to substitute three (3) LTE antennas within the flagpole structure's interior, and any other zoning relief required for the proposed modification. If we can provide any further information regarding this application, please let us know. Sin ely, ,P Susan M. Roberts (A0135590.1} ANDERSON&KREIGERLLP .. 1.._111 .-..,.- Planning Board Town of North Andover August 12,2011 Page 6 Enclosures cc: Judith M. Tymon, AICP, Town of North Andover (by email) Taylor Whiteside (by email) Kristen Smith(by email) Carri Preble (by email) Jim Albiani (by email) Stephen D. Anderson, Esq. (by email) [A0135590.1) ANDERSON KREIGERLLr n P';�,'A„n re",W none,