HomeMy WebLinkAbout2011-08-02 Planning Board Supplemental Materials (27)
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: August 2, 2011
Date of Hearings: July 5, 2011, August 2,
2011
Date of Decision: August 2, 2011
Application of: Bell Atlantic Mobile of Mass. Corp. Ltd d/b/a Verizon Wireless
Premises Affected: 401 Andover St
Map 24, Parcel 33
Referring to the above petition for a renewal of a Wireless Special Permit according to
the requirements of the North Andover Zoning Bylaw, Sections 8.9 Wireless Service
Facilities and Section 2.65 Special Permit Granting Authority.
So as to allow the renewal of a Special Permit to continue to maintain and operate
wireless communications equipment on an existing building located at 401 Andover Street.
The Special Permit was originally granted by the North Andover Planning Board on
April 15, 2005 and a renewal was granted on June 6, 2008.
nd
, the Planning BoardAPPROVES
Upon a motionby X and a 2 by X hereby the
Wireless Special Permit,
renewal of a 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
Rickey Glover
The Planning Board herein approves the renewal of the Special Permit to continue
operation of the Wireless Communications Equipment on the roof of an existing building
Special Permit Renewal
401 Andover St. Verizon August 2, 2011
located at 401 Andover St. and ancillary equipment located inside the building at the same
location. The renewal of the Special Permit was requested by Carl Gehring, Esq., Agent
for . This application and
Bell Atlantic Mobile of Mass. Corp. Ltd d/b/a Verizon Wireless
additional documentation as cited herein was filed with the Planning Board on May 20,
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 of the
North Andover Zoning Bylaw Section 8.9:
FINDINGS OF FACT:
a)
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 proposed wireless facility is in compliance with FCC regulations regarding
Maximum Permissible Exposure (MPE) limits, as indicated by the reports provided
by the applicant, dated March 8, 2011, authored by Donald L. Haes, PhD. The
conclusion stated in the reports is that the applicant’s Wireless Facility installation
contributes a maximum RF exposure of less than one-half of one percent of the
current State and Federal permissible exposure guidelines.
b)
The Federal Telecommunications Act of 1996 takes precedence over the North
Andover Zoning Bylaw. In the recent Essex County Superior Court case of Fournier,
et al. v. North Andover Planning Board ,et al., the Plaintiffs' (neighbors of the
wireless facility) challenge to this Board's action in granting a special permit was on
the basis of a 600 foot setback provision in the zoning bylaw, and in dismissing that
case, the Court was clear that the 600 foot setback did not control because the Court
found that the Federal Telecommunications Act of 1996 “compelled” (the Court's
word) this Board to grant the special permit. Similarly, in the context of this particular
application where the applicant has filed satisfactory current technical reports and
otherwise filed sufficient information to the Board's satisfaction, if this Board were to
deny the special permit here the Board would, in the words of the Federal
Telecommunications Act of 1996, be taking actions that “prohibit or have the effect
of prohibiting the provision of personal wireless services” and this Board has no
intention of violating that federal law.
c)
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 Renewal
401 Andover St. Verizon August 2, 2011
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)Term of Special Permit:
three
a)A SpecialPermit issued for this wireless service facility shall be valid for
(3)
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,
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) 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.
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Special Permit Renewal
401 Andover St. Verizon August 2, 2011
3)
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.
4)
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.
5)
The following information shall be deemed part of the decision:
Application Titled
a): Application for Special Permit Renewal
Bell Atlantic Mobile of Mass. Corp. Ltd d/b/a Verizon
Wireless
400 Friberg Parkway
Westborough, MA 01581
Documentation Submitted:
b)
1. Narrative dated May 10, 2011
2. Special Permit-Site Plan Review Application
3. Statement in Support of Application & Waivers Request
4. Copy of Renewal Special Permit
5. Evidence of Lease
6. Certificate of Insurance
7. RF Affidavit
8. RF Emissions Compliance Certification
9. Noise Compliance Certification
10.Photo of Installation
11.Plans
CC: Abutters
Applicant
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