HomeMy WebLinkAbout2012-04-17 Planning Board Supplemental Materials (31) PLANNING BOARD
TOWN OF NORTH ANDOVER
SPECIAL USE PERMIT APPLICATION
TO ALLOW SPECIAL PERMIT RENEWAL AND MODIFICATION
OF AN EXISTING WIRELESS TELECOMMUNICATIONS FACILITY
Sprint Spectrum L.P.
1 International Boulevard
Mahwah, NJ 07495
Project Number: BS23XC422
Applicant
C/o
SBA Communications Corp.
One Research Drive, Suite 200C
Westborough,MA 01581
Project Number: MA0185-A
Applicants Site Acquisition Representative
300 Chestnut Street
North Andover, MA
Map 98C/Lot 2
Subject Parcel
Applicant Representative Submitted by:
Alcatel-Lucent Jackie Slaga, As Agent for SBA Communications
1 Robbins Road 95 Indian Trail
Westford, Ma 01886 Saunderstown,RI 02874
jackiesla ac,gaiail.eom
401-855-0824
February 2012
TABLE OF CONTENTS
APPLICATION IN SUPPORT OF A SPECIAL USE PERMIT AND SITE PLAN
REVIEW TO ALLOW SPECIAL PERMIT RENEWAL AND MODIFICATION OF AN
EXISTING WIRELESS COMMUNICATIONS FACILITY
Application............................................................................................TAB 1
Letterof Authorization.............................................................................TAB 2
Legal Brief.............................................................................................TAB 3
Applicant background
Requested Relief
Sununaty
RequiredDocuments...............................................................................TAB 4
Certified Abutters list
Deed
FCC License,Radio Frequency Affidavits
and updated emissions report.....................................................................TAB 5
Structural..............................................................................................TAB 6
ZoningDrawings......................................................................................TAB 7
PhotoSimulations....................................................................................TAB 8
Other Compliance Documents....................................................................TAB 9
TOWN OF NORTH ANDOVER
PLANNING BOARD
APPLICATION IN SUPPORT OF SPECIAL USE PERMIT
Submitted to: Town of North Andover
Applicant: Sprint Spectrum L.P. c/or SBA Communications
Property Owner SBA Properties,Inc.
5900 Broken Sound Parkway
Boca Raton,FL 33487
(A Wholly-owned subsidiary of SBA Communications)
Subject Parcel: 300 Chestnut Street
Map: 98C
Lot: 2
Deed: Bok 3411 Page 71
Zoning Designation: R3
Proposed Use: Special Permit Renewal and Modification to existing
Telecommunications facility
Introduction
The Applicant is licensed by the Federal Communications Commission(FCC)to construct,
operate and maintain a wireless telecommunications network in various markets throughout the country,
including the Commonwealth of Massachusetts and in particular the Town of North Andover. A copy of
the Applicant's FCC license is attached. The Applicant is here tonight seeing a special permit and site
plan approval to renew and modify its existing Facility located at 300 Chestnut Street.
In order to meet its goal of providing reliable, seamless, uninterrupted state-of-art service the
Applicant must continue to acquire interest in new properties for additional facilities and upgrade existing
facilities to keep pace with demand and new technology. The applicant has perfumed a study of the
radio frequency coverage in this area and has determined that the above noted facility requires
modification in order to fill the existing coverage gap in the area.Without the proposed added and
upgraded equipment at this location a significant area of inadequate and unreliable service would remain
in the Applicant's network in this area of North Andover.
Description
The applicant already has an existing telecommunications facility at this site. The existing
facility includes six(6)antennas,two(2)per sector on the existing tower at 130.4 feet AGL centerline.
Existing cabinets are also located at the base of the tower on a concrete pad, inside the existing fenced
area. In order to maintain high level of service to its customers and provide the latest technology,the
Applicant is proposing to modify the existing facility. The proposed modification consists of the removal
of six(6)CDMA antennas and coax and replacing with three(3)new Network Vision Antennas and six
(6) Remote Radio Heads(RRH's)on the Applicant's existing antenna platform,and three(3)new
hybriflex cables which will connect equipment to new antennas. The entire installation will be similar in
size and appearance to the antennas already located at this Facility. The new cables will be attached to
and follow the existing cable run. The Applicant is also proposing to add one new fiber distribution box
to be mounted on the existing ice bridge and one new equipment cabinet to be located on existing
concrete pad adjacent to existing cabinets. The Applicant is also proposing to replace one existing cell
cabinet and one existing battery cabinet with two new battery cabinets, and replace the existing GPS
antenna mounted on the ice bridge with a new GPS antenna. All of the proposed new equipment is
similar in size and appearance to the existing equipment and will not require additional space beyond the
Applicants existing concrete equipment pad and leased area. Detailed drawings as well as photo
renderings of the proposed modifications have been submitted with this application to demonstrate that
sufficient space exists at the facility to accommodate the proposed changes and that the changes will not
significantly alter the physical appearance of the facility. Additionally,a structural report was prepared
and included with this application to demonstrate that the existing Facility is capable of accommodating
the proposed modifications. The proposed modifications will not alter the operational requirements of the
facility. Once constructed,the facility will be unmanned and only generate 1-2 vehicle trips monthly for
maintenance. It will not emit any odor, glare or increased noise. Therefore,the entire upgrade will have
minimal impact on both the site and the surrounding area.
Requested Relief.
Pursuant to Section 8.9(Wireless Service Facilities)Town of North Andover Zoning Bylaw(the
`Bylaw"), a special permit is required pursuant to renew and modify the existing,previously approved
wireless communications facilities.
IV. Legal Arguments
A. The Applicant's Proposal Satisfies the Requirements Set Forth in Section8 9(Wireless
Service Facilities) of the Bylaw.
Section 8.9-District Regulations: A wireless service facility shall require a building permit in all
cases and may be permitted as follows:
i) The carrier mist demonstrate that the facility is necessary in order to provide adequate
service to the public.
In order to keep pace with demand and new technology,wireless carriers, like the Applicant, have to
constantly evaluate network performance and make additions and modifications to the network in oder to
ensure reliable delivery of state-of-art services. As demonstrated in the Radio Frequency affidavit
included with this application the proposed modification to the existing facility is necessary in order for
the Applicant to provide up to date reliable service to this area of North Andover.
ii) A wireless service facility may locate as of right on any existing guys tower,lattice
tower,monopole o•electric utility transmission tower for which a special permit issued
under this Article XII is in effect,provided that the new facility shall first obtain site
plan review approval from the Board of Appeals and,provided further that any new
facility shall not exceed the terms and conditions of the special permit in effect for the
existing facility on which it is to be located.
The Applicant already has a facility at this location is now seeking to renew the special permit and
modify its installation,pursuant to Section 8.9 of the Bylaw a new Special Permit is required when new
equipment is to be added to the site and renewal of the special permit is required every three(3)years.
Accordingly the Applicant is requesting approval of a new Special Permit to renew and modify the
original special permit for this facility.
iii) No wireless service facility shall be located in the Town except upon issuance of a special
permit in accordance with Section 10.3 of this Bylaw. Such a facility may be located in
any zoning district in the town, provided that the proposed facility satisfies all of the
requirements set forth in this Bylaw.
The proposed modifications do satisfy all the requirements for a Special Permit. The subject
parcel already contains an existing wireless service facility, by upgrading the existing facility,the
Applicant is avoiding the necessity of building a new facility in the area. The proposed modification of
this facility will not adversely impact the area. As stated above the equipment modifications are visually
similar in size and scale to the existing facility, that once constructed the modifications will not result in
any adverse impact. Additionally,the proposed modifications will not alter the operational requirements
of the site. Once constructed the site will be unmanned, only generating 1-2 vehicle trips monthly for
maintenance. The proposed modifications will not alter area traffic or adversely impact municipal
services. Adequate utilities exist at the site for the proposed upgrade. Finally, the modification is in
harmony with the purpose and intent of the Bylaw, to encourage collocation and use of existing structures
to meet current service demands.
b) Location. Applicants seeking approval for wireless service facilities shall comply with the
following:
i) If feasible,wireless service facilities shall be located on preexistent structures,including
but not limited to buildings or structures,preexistent telecommunication facilities,
utility poles and towers,and related facilities,provided that such installation preserves
the character and integrity of those structures. In particular,applicants are urged to
consider use of preexistence telephone and electric utility structures as sites for one or
more wireless service facilities. The applicant shall have the burden of proving that
there are no feasible preexistent structures upon which to locate.
The proposed modification of the subject Facility does comply with this requirement. The
Applicant is modifying an existing facility in order to meet the current network objective without
necessitating the need for an additional facility in the City.
ii) If the applicant demonstrates to the satisfaction of the SPGA (special permit granting
authority)that it is not feasible to locate on a preexistent structure,wireless service
facilities shall be camouflaged to the greatest extent possible,including,but not limited
to, use of compatible building materials and colors,screening,landscaping,with natural
and/o'artificial plantings (as indicated through site plan review), and placement within
trees.
This section is not applicable as the Applicant is utilizing an existing structure. As stated above
the proposed modifications will be similar in size and appearance to the Applicant's existing Facility and
the proposed modifications do not increase the size or height of the Facility. Once conducted the
modifications will have a minimal visual impact to both the site and the area.
iii) The applicant shall submit documentation of the legal right to install and use the
proposed facility mount at the time of application for a building permit and/o'special
permit.
A copy of the redacted lease or Letter of Authorization for this site has been submitted with the
application.
C) Dimensional Requirements. Wireless service facilities shall comply with the following
requirements:
i) Height,general. Regardless of the type of mount,wireless service facilities shall be no
higher than 10 feet above the average height of buildings within 300 feet of the proposed facility. In
addition,the height of a wireless service facility shall not exceed by more than 10 feet the height
limitations of the zoning district in which the facility is proposed to be located,unless the facility is
completely camouflaged such as within a flagpole,steeple,chimney,or similar structure. Wireless
service facilities may locate on a building that is legally nonconforming with respect to height,
provided that the facilities do not project above the existing building height.
This Section is not applicable as the Applicant is not proposing a new facility or an increase in
height to an existing facility. As stated above the proposed modifications will not alter the height of the
existing facility.
ii) Height, ground-mounted wireless service facility shall not project higher than 10-feet
above the average building height or,if there are no buildings within 300 feet,these facilities shall
not project higher than 10 feet above the average tree canopy height,measured from ground level
(AGL). If there are no buildings within 300 feet of the proposed site of the facility,all ground-
mounted wireless service facilities shall be surrounded by dense tree growth to screen views of the
facility in all directions. These trees may exist or may be planted on site.
This Section is not applicable as the Applicant is not proposing a new facility or an increase in
height to an existing facility, As stated above the proposed modifications will not alter the height of the
existing facility.
iv) Height,Preexistent Structures (Utility) new antennas located on any of the following
structures existing on the effective date of this Ordinance shall be exempt from the
height restrictions of this ordinance provided that there is no increase in height of the
existing structure as a result of the installation of a wireless service facility: Water
towers,guys towers,lattice towers,fire towers and monopoles.
The proposed modifications comply with this section. As stated above the proposed
modifications will not increase the height of the existing facility.
V) Setbacks all wireless service facilities and their equipment shelters shall comply with the
building setback provisions of the zoning district in which the facility is located. In
addition,the following setbacks shall be observed.
This Section is not applicable as the Applicant is not proposing a new facility and is not
proposing an expansion of the Facility. As stated above all of the proposed new or modified equipment
will be located on the Applicant's existing concrete pad within the existing fenced compound. The
current setbacks for the site will not be altered by this modification.
1) In order to ensure public safety,the minimum distance from tine base of ally ground-
mounted wireless service facility to any property line,shall be 2x the height of tine
facility/mount,including any antennas or other appurtenances. This setback is
considered the fall zone. A minimum setback of 600 feet shall be required for all
wireless devices,antenna and their mounting structures,whether attached to a new or
existing structure as measured from the adjacent property line of properties which are
either zoned for or contain residential or educational uses of any type.
This Section is not applicable as the Applicant is not proposing a new Tower. All existing
setbacks currently in place for the facility will not be altered by the proposed modifications.
2) In the event that a preexistent structure is proposed as a mount for a wireless service
facility,the setback provisions of the zoning district shall apply. Irn the case of the
preexistent non-conforming structures,wireless service facilities and their equipment
shelters shall not increase any non-conformity.
The proposed modifications comply with this Section. As stated above the setbacks currently in
place for this facility will not be altered by the proposed modifications.
4)-Design Standards:
a) Visibility/Camouflage Wireless Service Facilities shall be camouflaged as follows:
i) Camouflage by Existing Building or structures
1)When a wireless service facility extends above the roof height of a building on
which it is mounted,every effort shall be made to conceal the facility within or
behind preexistent architectural features to limit its visibility from public ways.
Facilities mounted on a roof shall be stepped back from the front fagade in order to
limit their impact on the building's silhouette.
2) Wireless service facilities which are side-mounted shall blend with the
preexistent
buildings architecture, and if over 5 square feet,shall be shielded with material
which is consistent with the design features and materials of the building.
ii) Camouflaged by Vegetation. If wireless service facilities are not camouflaged from
public viewing areas by existing buildings or structures,they shall be surrounded by
butters of dense tree growth and understory vegetation iu all directions to create an
effective year-round visual buffer. Ground-nounted wireless service facilities shall
provide year-round vertical evergreen vegetated buffer of 50 feet,or 75% of the
overall height of the structure,in all directions.Trees and vegetation may be
existing on tine subject property or installed as part of the proposed facility or a
combination of both. Vegetation should be natural in appearance and consistent
with surroundings.
To the extent applicable,the proposed modifications comply with this Section. As stated above
the proposed modifications are visually consistent with the installations already located on this site. The
visual characteristics of the site will not be altered by the proposed modifications.
iii) Color
1) Wireless service facilities,which are side-mounted on buildings shall be painted or
constructed of materials to match the color of tine building material directly behind
them.
2) To the extent that any wireless service facilities extend above tine height of the
vegetation immediately surrounding it,they must be painted in light gray or light
blue hue which blends with sky and clouds.
To the extent applicable,the proposed modifications comply with this Section. As stated above
the proposed modifications are visually consistent with the installations already located on this site. The
visual characteristics of the site will not be altered by the proposed modifications.
iv) Equipment Shelters
1) Equipment shelters must be located in underground vaults; or
2) designed consistent with traditional materials,colors and design of the area; or
3) camouflaged behind an effective year-round landscape buffer equal to the height of
the proposed building,and/or wooden fence acceptable to the permitting authority.
To the extent applicable,the proposed modifications comply with this Section. As stated above
the proposed additions and modifications to the ground equipment will be located within the Applicant's
leased area inside the existing fenced compound. No alterations beyond the Applicant's leased area are
proposed,therefore the existing vegetation on site will not be altered.
b)Lighting and signage
i) Wireless service facilities shall be lit only if required by the Federal Aviation
Administration(FAA). Lighting of equipment structures and any other facilities on
site shall be shielded from abutting properties. There shall be total cutoff of all light
at the property lines of the parcel to be developed,and foot-candle measurements at
the property line shall be 0/0 initial foot-candles when measured at grade.
The Applicant will comply with this requirement. The proposed modifications will not alter the
existing lighting currently on the site.
ii) Signs shall be limited to those needed to identify the property and the owner and
warn of any danger. No tower or other facility shall contain any signs or other
devises for the purpose of advertisement. All signs shall comply with the
requirements of ARTICLE VII,signs of Chapter 255.
The Applicant will comply with this requirement.
iii) All ground mounted wireless service facilities shall be surrounded by a security
barrier and shall be protected against unauthorized climbing or other access by the
public.
As stated above the proposed modifications will be located inside the existing secured fenced
compound.
c)Historic Buildings
i)Any wireless service facilities located on or within a historic structure shall not alter the
character-defining features,distinctive construction methods, or original historic materials
of the building.
ii) Any alteration made to a historic structure to accommodate a wireless service facility
shall be fully reversible
iii)Wireless service facilities within a historic district shall be concealed within or behind
existing architectural features,or shall be located so that they are not visible from public
roads and viewing areas within the district.
iv) The historic district commissions established pursuant to Chapter 39 of this Code must
review all appropriate facilities within their jurisdictions.
This Section is not applicable. As stated above the proposed modifications are visually consistent
with the existing facilities located on site and therefore once constructed will not alter the visual impacts
of this site.
d) Scenic Landscapes and Vistas
i)No facility shall be located within 300 feet of any public way now or in the future
designated as a scenic road. If the facility is located farther than 300 feet from the scenic
road,the height regulations described elsewhere in this ordinance shall apply.
ii)Wireless service facilities shall not be located with open areas that are visible from public
roads, recreational areas or residential development. As required in the Camouflaged
section above,all ground mounted wireless service facilities that are not camouflaged by
existing buildings or structures shall be surrounded by a buffer of dense tree growth.
This Section is not applicable as we are modifying an existing facility. As stated above the
proposed modifications are visually consistent with the existing facilities located on site and therefore
once constructed will not alter the visual impacts of this site.
e) Environmental Standards
i) Wireless service facilities shall not be located in wetland resource areas. Locating of
wireless facilities in wetland buffer areas shall be avoided whenever possible and
disturbance to wetland buffer areas shall be minimized. All Conservation Commission
regulations and procedures must be followed.
The proposed modification complies with this Section. All of the modifications proposed will be
located within the existing fenced compound and the proposed cabinet modifications will all be located
on the Applicant's existing concrete pad, therefore the facility will not result in any new impact to the site
or area.
ii)No hazardous waste shall be discharged on the site of any personal wireless service
facility. If any hazardous materials are to be used on site,there shall be provisions for fill
containment of such materials. An enclosed containment area shall be provided with a
sealed floor,designed to contain at least 110% of the volume of the hazardous materials
stored or used on site. Applicant must comply with all federal,state,and local regulations
governing hazardous materials.
There will be no discharge of pollutants or hazardous wastes from the Facility. The Facility will
comply with all applicable federal, state and local standards.
iii) Storm water runoff as a result of the wireless facility shall be contained on site and
comply with tine DEP Storm Water Management regulations as applicable.
The Applicant agrees to comply with this provision. Given the nature of the proposed
modifications the Applicant does not anticipate any change in storm water run off.
iv) Ground mounted equipment for wireless service facilities shall not generate acoustic
noise in excess of 50 dB at ground level at the base of the building closest to the antenna.
The proposed modifications will not alter the acoustic noise level of the facility. A noise affidavit
has been submitted with this application demonstrating the proposed facility's compliance with this
requirement.
v) Roof-mounted equipment for wireless service facilities shall not generate acoustic noise in
excess of 50dB at ground level at the base of the building closest to the antenna.
This section is not applicable as we are not proposing a roof-mounted facility.
f) Safety Standards
i)Radiofrequency Radiation (RFR) Standards. All equipment proposed for a wireless
service facility shall be authorized per the FCC Guidelines for Evaluating tine
Environmental Effects of Radiofrequency Radiation (FCC Guidelines) or any other
applicable FCC guidelines and regulations.
The proposed Facility will comply with all federal, state and local regulations including radio
frequency emission regulations as set forth in Section 704 of the TCA. Included with this application is a
report from the Applicant's Radio Frequency Engineer attesting to the sites compliances with all
applicable emissions standards. Additionally, the Applicant has submitted a Maximum Permissible
Exposure Study(MPE)demonstrating the Facility's compliance with applicable standards.
ii) Structural Integrity. The applicant shall provide certification by a structural engineer
that the wireless service facility is structurally scud for the proposed facility
A structural certification has been submitted with this application demonstrating that the tower is
structurally capable of accommodating the proposed loading.
5)Application Procedures
i).The applicant has submitted 1 original application package with all required signatures and
authorizations and contact information
ii and iii)The Applicant has submitted scaled zoning drawings prepared by a professional engineer in the
Commonwealth of Massachusetts As this is a modification to an existing facility, the Applicant
respectfully requests a waiver of the requirement to submit a map showing the other preexistent and
approved wireless service facilities in North Andover and outside North Andover within one mile of its
boundary.
iv) As this is a modification to an existing facility,the Applicant has submitted a photo rendering of the
proposed modifications and requests a waiver of the more extensive line sight line photographs outlined
in the bylaw
v. The Applicant has submitted equipment specifications for proposed equipment to be installed at site.
As the equipment is similar in scale and color the detailed specifications in the drawings are sufficient for
the Board's review.
vi. The Applicant has submitted a noise report demonstrating compliance with the bylaw.
vii. The Applicant has submitted the Required Radiation (RFR) Filing Requirements for this site. The
applicant will comply with any reasonable post integration reporting as may be required. The
Department of Health no longer has a process for reviewing or approving these facilities
vii. As the Applicant is only proposing a modification of an existing facility an Environmental
Assessment is not required.
6. Collocation. The proposed facility has been designed to maximize collocation, and currently houses
three wireless communication facilities; a structural certification demonstrating that the tower can
accommodate the proposed loading has been submitted.
7.Modifications. The Applicant has complied with the requirements of a new application for
modifications by the submission of this application.
8. Monitoring and Maintenance. The Applicant will comply with all reasonable post integration
monitoring and maintenance
9.Abandonment or Discontinuance of Use. The Applicant will comply with all requirements for
removal if facility is abandoned or discontinued as well as the posting of a bond to ensure removal,
however if there is a bond in place already the Applicant would request a waiver of this requirement as
the existing bond would be sufficient to cover the costs of removal. SBA will maintain a bond with Town
as may be required.
10.Reconstruction or Replacement of Existing towers or monopoles.This section is not applicable as
the Applicant is not proposing to reconstruct or replace the existing tower.
11.Performance Guarantees. The Applicant agrees to comply.
12.Term of Special Permit. The Applicant apologizes for the delay in filing for a renewal of its special
permit and respectfully requests the Board to approve its renewal based on the detailed documentation
submitted with this application.
B. The Applicant's Proposal Satisfies the Requirements for the Grant of a Special Permit
Pursuant to Section 8.9 and of Chapter 40A,49 of the General Laws of Massachusetts.
The proposed modification is in harmony with the general purpose and intent of the
Town Bylaw and it will not be detrimental to the established or firtme character of the
neighborhood or Town. As noted above the proposed modifications will not significantly
alter the physical appearance of the existing facility, nor will the operation of the facility be
altered by this upgrade. Once constructed the modification will have little or no impact on
the site or the surrounding area and is consistent with the by-law's objective of promoting
collocation and use of existing facilities.
The proposed modification of this facility will benefit the Town and promote the
safety and welfare of its residents, business and travelers by providing reliable state-of- the-
art digital wireless voice and data services.
The proposed modification does not alter the operational requirements of the site.
Once constructed, the modified Facility will continue to be unmanned and will only
generate 1-2 visits monthly for maintenance.
Sufficient utilities exist at the site to accommodate the proposed modifications. As
the facility is passive in nature it will not impact any municipal services.
As noted above the proposed modification will not alter the physical appearance of
this facility, therefore there will be no impact on neighborhood character or social
structures.
As noted above, the proposed modifications will not alter the operational
requirements of this facility. The Facility will continue to be unmanned and therefore will
not generate a significant increase in traffic, smoke, dust, licat, glare, discharge of noxious
substances, nor will it pollute nearby waterways or groundwater. The proposed facility as
modified will continue to comply with all applicable federal, state and local safety
requirements, including the standards established by the Federal Communications
Commission (FCC), the Federal Aviation Administration(FAA) and the American
Standards Institute(ANSI).
Additionally,the proposed modification is consistent with the Town's Bylaw to
promote collocation and use of existing structures wherever feasible and the site will
continue to comply with the RF emission standards established by the FCC. The proposed
modification will not adversely impact the value of land, nor will it adversely impact the
neighborhood or the Town. Conversely, the proposed modification will enhance the
telecommunications services in the area.
Conclusion
The Applicant hereby requests the Board to determine that it has satisfied the
requirements for the grant of the requested relief and to the extent necessary waive or deem
not applicable the requirements that are specific to a new tower proposal and to further
determine that the proposed modification will not have an adverse effect on the surrounding
area and the Town. The Facility has been modified to be consistent with the existing scale
and appearance of equipment and antennas, therefore once constructed the modified Facility
will not significantly alter the physical appearance or operation of the site.
For the foregoing reasons, the Applicant respectfully requests the Board to grant the
foregoing zoning relief in the form of a special permit and site plan approval and/or such
other relief as the Board deems necessary in order to allow the special permit renewal and
modification of this facility.
Very truly yours,
Jacqueline Slaga