HomeMy WebLinkAbout2011-09-06 Planning Board Supplemental Materials (70) Town of North Andover C�
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Office of the Planning Department
Community Development and Services Division "t
27 Charles Street
North Andover, Massachusetts 01845 .
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Telephone (978)688-9535
Fax(978)688-9542
Notice Of Decision o
Any appeal shall be filed �-
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Within (20) days after the
Date of filing this Notice
In the Office of the Town C zmo
Clerk may
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Date: November 14, 2001 Cn
Date of Hearing: September 18,
2001, October 2, 2001 &November 13,
2001
Petition of, AT&T Wireless PCS LLC by and through its Manager AT&T Wireless Services,
Inc. d/b/a AT&T Wireless and Sprint Spectrum L.P. d/b/a Sprint PCS
Premises Affected: Stevens Estate 723 Osgood Street.
Referring to the above petition for a Special Permit with Site Plan Approval. The
application was noticed and reviewed in accordance with Sections 8.9, 9.9, 103 and 10.3.1
of the North Andover Zoning Bylaw and M.G.L. c.40A, see. 9.
So as to allow: to construct, operate and co-locate on a 100' tall two-carrier wireless
telecommunications service facility in the Residential 1 Zoning District
After a public hearing given on the above date, the Planning Board voted to APPROVE,
the Special Permit with Site Plan Approval, based upon the following conditions:
Signed:
Jeerto
ons, Chairman
Cc:. Applicant Angles, Vice Chairman
Engineer Richard Nardella, Clerk
Abutters Richard Rowen
DPW
Building Department Felipe Schwarz,Associate Member
Conservation Department
Health Department
MA
BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535
2. The use as developed will not adversely affect the neighborhood as
indicated by the submittals and reports referenced at the end of this
decision in Condition#11.
3. The use will not result in any nuisance or serious hazard to vehicles or
pedestrians.
4. The carriers have demonstrated that the facility is necessary for each to
provide adequate service to the public as indicated by the submittals and
reports referenced at the end of this decision in Condition#11.
S. The plans meet the requirements of the Wireless Service Facilities By-law
Section 8.9, with the exception of the waivers granted hereby and listed in
Condition#10.
6. Adequate and appropriate facilities will be provided for the proper
operation of the proposed use. The proposed 100' flagpole-style
monopole, antennas cables,equipment shelter and equipment area are
described in detail on the plans and reports referenced herein. Each
carrier's proposed equipment shelter will be an unoccupied, unmanned,
specialized area for the wireless communications equipment.
7. The Board finds that, because this particular flagpole-style installation
constitutes a camouflaged facility under Sections 8.9.2.d, 8.9.3.b.2,
8.9.3.c.i, 8.9.4.a.ii and 8.9.4.d.ii, the requirements for dense tree growth to
screen views under Sections 8.9.3.c.ii, 8.9.4.a.ii and 8.9.4.d.ii do not
apply. In any event, the proposed installation is situated in an area of
dense natural tree growth on the Stevens Estate property, so that the
requirements for dense tree growth to screen views are satisfied.
8. Accordingly, the Planning Board finds that the project is in harmony with
the general purpose and intent of the Town of North Andover Zoning
Bylaw and generally complies with the requirements of the Bylaw as
listed in Sections 8.3, 8.9 and 10.3, but requires conditions in order to be
fully in compliance. The Planning Board hereby grants the Special
Permits with Site Plan Approvals to the carriers provided the following
conditions are met:
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d) 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 by both carriers has occurred,
the carriers shall remove the equipment placed by the carriers from the subject property
within ninety days. In the event that the carriers fail to remove the equipment, the town
shall give notice to the carriers and the independent escrow agent that the equipment shall
be removed by the escrow agent forthwith and the escrow agent, after affording written
notice seven days in advance to the carriers, shall remove the facility.
2. Performance Guarantees
a) Insurance in a reasonable amount(determined and approved by the SPGA
after consultation with Town Counsel or, at the expense of the carriers,
after consultation with one (1) or more insurance companies) shall be in
force to cover damage from the equipment on the structure, damage from
transmissions and other site liabilities. Annual proof of said insurance
must be filed with the SPGA. /
b) Funds, sufficient in the opinion of the SPGA to cover annual maintenance
of the equipment on the facility, shall be placed into escrow and shall be
held by the independent escrow agent who shall be authorized to expend
the funds for the maintenance of the equipment on the facility on terms to
be agreed upon by the carriers and the SPGA as a condition of approval of
the special permit.
c) 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.
3. Term of Special Permit.
a) A Special Permit issued for any wireless service facility shall be valid for
three (3)years. 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) After the equipment on the facility is in operation, the carriers shall submit
to the SPGA, within 90 days of beginning operations and at annual intervals from the
date of issuance of the Special Permit,preexistent and current RFR measurements. Such
measurements shall be signed and certified by an RF engineer or other qualified person,
stating that RFR measurements are accurate and are in compliance or why the
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surrounding noise and therefore a baseline condition from which the carriers determine
their increases. The noise levels shall not increase the broadband level by more than
lOdb(a) above the ambient levels or produce a"pure tone" condition as set forth in
DAQC Policy 90-001, the guideline for 310 CMR 7.10. The carriers may use relevant
professional sound emitting data from the prior building use to build a baseline based on
prior use of the building and grounds. References to sources for data must be included in
the material.
6. 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.
C) The carriers must have obtained a variance from the Zoning Board of
Appeals for the height of the proposed facility to be constructed at 100' above ground
level,plus the height of any necessary lightning rod and FAA light. A recorded copy of
the Zoning Board Decision certifying that the variance has been received must be
provided to the Planning Department as proof of such.
7. Prior to verification of the Certificate of Occupancy:
a) The carriers must submit a letter from the architect or engineer of the
project stating that the construction and operations substantially comply with the plans
referenced at the end of this decision as endorsed by the Planning Board.
b) With the exception of any aviation warning lighting required by the
Federal Aviation Administration, which shall be installed and maintained in accordance
with applicable FAA guidance, all lighting placed by the carriers on the subject property
shall have underground wiring and shall be so arranged that all direct rays from such
lighting falls entirely within the site and shall be shielded or recessed so as not to shine
upon abutting properties or streets. The Planning Office must approve any changes to the
approved lighting plan as submitted by the carriers.
S. 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,reviewed and approved by the Planning Staff.
9. Additional Conditions
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The following waivers were granted in determining this decision in accordance
with the authority designated by Section 8.9.3.c.v.3 of the Zoning Bylaw and Section
8.9.5.d.ix:
a. Man of Other Preexistent/Approved Wireless Services Facilities:
Each carrier's RF report each contains a map showing the carrier's
respective preexisting and approved wireless facilities in North Andover and
outside of North Andover within one-mile of its boundary. If and to the extent
Section 8.9.5.d.ii.4 requires a map showing facilities owned or operated by other
wireless service providers, the carriers have requested a waiver of that filing
requirement, pursuant to Section 8.9.5.d.ix. The SPGA has granted that waiver
because such information is not needed for a thorough review of the proposed
facilities and is not readily available to the carriers from their competitors.
b. Siting Filing Requirements
The carriers' Site Plans provide the information required by Section
8..9.5.d.iii (Siting Filing Requirements) and.Section 8.3.5 (Information Required
for Site Plan Review) of the Zoning Bylaw. If and to the extent the plans do not
provide sufficient information to meet the requirements of Section 8.9.5.d.iii.3
(requiring the plans to show tree cover on the subject property and all abutting
properties, by dominant species and average height) and Section 8.9.5.d.iii.4
(requiring the plans to show an outline of all existing buildings and uses on
subject property and all abutting properties), the carriers have requested a waiver
of those filing requirements,pursuant to Section 8.9.5.d.ix. The SPGA has
granted that waiver because, given the detailed information submitted, any
additional information regarding tree cover and the use of distant buildings is not
needed for a thorough review of the proposed facilities.
C. Color Board
Unless otherwise specified by the SPGA or the Massachusetts Historical
Commission ("MHC"), the carriers'proposed equipment shelter will be sided
with clapboard and painted white. The surrounding wooden fence will be left as
natural wood. Unless otherwise specified by the FAA, the carriers propose to
color the pole gray. Accordingly, the SPGA has granted a waiver of the "color
board"requirement in Section 8.9.5.d.v.3 pursuant to Section 8.9.5.d.ix, because a
"color board" is not needed for a thorough review of the proposed facilities.
d. Balloon or Crane Test
The SPGA has granted a waiver of a balloon or crane test at the proposed
site required by Section 8.9.5.d.(v)7. The plans and visibility study provided by
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impervious surfaces near the proposed facilities relative to the 153 acre site, there
will not be any material storm water runoff generated.
j. Siens
The SPGA has granted a waiver from subsection 8.3.5.e.xii, which
requires that all signs be identified. Pursuant to section 8.9.4.b.ii of the Wireless
Service Facilities by-laws each carrier will provide a security sign that identifies
the facility owner and warns against trespassing. However, this sign must be in
accordance with the provisions of Section 6 , Signs and Outdoor Lighting
regulations, of the Town of North Andover Zoning Bylaw. Permission from the
North Andover Planning Board is only for the aesthetic and site plan review
put-poses of the signage and does not exempt the applicant to obtain a sign permit
if determined by the Building Commisioner_
k. Landscape Plan
The SPGA has granted a waiver from subsection 8.3.5.e.xv and subsection
8.3.6.a.ii.e, which require that a full landscape plan to be filed with the
Application. Due to the dense woods in the area surrounding the proposed
facilities, as well as the carriers' intention to clear only that vegetation that is
necessary for the proposed construction,no additional landscaping will be
required around the facilities.
in. Drain Basin Study
The SPGA has granted a waiver from subsection 8.3.5.e.xviii which
requires a drain basin study. Due to the minimal size of the impervious surfaces
near the proposed facilities relative to the 153 acre site, there will not be any
material storm water runoff generated. As a result, a drain basin study is
unnecessary.
n. Traffic Study
The SPGA has granted a waiver from subsection 8.3.5.e.xix which
requires a traffic study. As there will be minimal vehicle trips to the facilities,
once constructed, no significant impact on traffic will be created. A Traffic
impact study is therefore unnecessary.
o. Erosion Control Plan
The SPGA has granted a waiver from subsection 8.3.6.a.ii.f, which
requires a full erosion control plan to be filed with the Application. Due to the
distance to any significant wetland resources, an erosion control plan is not
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"DRAWINCr INDEX
2BO-E4457-ZO1 Title Sheet
2BO-E4457-ZO2 Property Plan - One Compound
2BO-E4457-ZO3 Site Plan - One Compound
2BO-E4457-ZO4 Elevation - One Compund
2BO-E4457-ZO5 Property Plan -Two Compounds
2BO-E4457-Z06 Site Plan -Two Compounds
2BO-E4457-ZO7 Elevation-Two Compounds
AT&T Wireless' RF report dated July 24, 2001, with coverage charts,
demonstrating (1) the need for the facility, (2) the coverage it will provide,
(3) "that there are no feasible preexistent structures upon which to locate"
under § 8.9.3.b.9, and (4) the other existing AT&T Wireless facilities in
North Andover and outside North Andover within one mile of its
boundary;
Sprint's RF affidavit dated June 15, 2001, with coverage charts,
demonstrating (1) the need for the facility, (2) the coverage it will provide,
(3) "that there are no feasible preexistent structures upon which to locate"
under § 8.9.3.b.9, and (4) the other existing AT&T Wireless facilities in
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Memorandum dated September 25, 2001, from Stephen D. Anderson for
AT&T Wireless and Christine Morrisey for Sprint (with enclosures),
providing supplemental information related to the carriers' application;
Letter dated September 14, 2001, from Greenman-Pedersen, Inc.,
specifying the distance of the proposed facility from wetlands and the
lake;
Letter dater October 1, 2001, from Alactronics,representing a Noise
Report for the proposed facilities;
Revised Plans for the proposed facility prepared by Greenman-Pedersen,
Inc. dated September 17, 2001, consisting of the following:
DRAWING INDEX` SHEET
2BO-E4457-ZO2 Raw Land Site -Monopole with Shelter
Property Plan- One Compound
2130-E4457-Z05 Raw Land Site - Monopole with Shelter
Property Plan-Two Compound
2BO-34457-Z08 Raw Land Site -Monopole with Shelter
Landscape and Erosion Control Details
Memorandum from Vanasse Hangen Brustlin,Inc. dated September 13,
2001, with attached engineering review report;
Memorandum from Vanasse Hangen Brustlin,Inc., dated October 18,
2001;
Memorandum from Town Planner to North Andover Planning Board,
dated September 12, 2001.
FAA Determination dated 11/05/01 Regarding the proposed 100', two-
carrier flagpole-style monopole;
FAA Determination dated 11/05/01 Regarding AT&T Wireless' proposed
90', one-carrier flagpole-style monopole;
FAA Advisory Circular 70/7460-1K(the"1K Circular")referred to in
these determinations; and
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