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HomeMy WebLinkAbout2012-05-01 Planning Board Supplemental Materials (54) Town of North Andover Office of the Planning Department Community Development and Services Division 1600 Osgood Street North Andover, Massachusetts 01845 NOTICE OF DECISION - DRAFT Any appeal shall be filed within (20) days after the date of filing this notice in the office of the Town Clerk. Date: May 1, 2012 Date of Hearings: April 17, 2012, May 1, 2012 Date of Decision: May 1, 2012 Application of: Sprint Spectrum L. P., c/o SBA Communications Corp. Premises Affected: 0 Chestnut St. (a/k/a 300 Chestnut Street) Map 98C, Parcel 2 Referring to the above petition for a renewal and modification 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 and modification of a Special Permit to continue to maintain and operate wireless communications equipment on an existing structure located at 300 Chestnut Street. The Special Permit was originally granted by the North Andover Planning Board on November 20, 2007. Modification consists of replacing six (6) antennas with three (3) Network Vision Antennas and six (6) Remote Radio Heads, the installation of three (3) hybriflex cables, the addition of one (1) fiber distribution box and one (1) equipment cabinet, the replacement of one (1) cell cabinet with two (2) battery cabinets and the replacement of existing GPS antennas with new GPS antennas. Upon a motion by X and a 2nd by X, the Planning Board hereby APPROVES the renewal of a Wireless Special Permit, 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 Dave Kellogg The Planning Board herein approves the renewal of the Special Permit to continue operation of the Wireless Communications Equipment, and the modification of that Special Permit on an existing structure located at 300 Chestnut St. The modification consists of replacing six (6) antennas with three (3) Network Vision Antennas and six (6) Remote Radio Heads, the installation of three (3) hybriflex cables, the addition of one (1) fiber distribution box and one (1) equipment cabinet, the replacement of one (1) cell cabinet with two (2) battery cabinets and the replacement of existing GPS antennas with new GPS antenna and ancillary equipment located inside an existing structure. All proposed new equipment is similar in size and appearance to the existing equipment will not require additional space beyond the current leased area at this location. The renewal of the Special Permit was requested by SBA Properties, a subsidiary of SBA Communications. This application and additional documentation as cited herein was filed with the Planning Board on March 15, 2012, 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: 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 will be in compliance with FCC regulations regarding Maximum Permissible Exposure (MPE) limits, as indicated by the reports provided by the applicant, dated February 28, 2012, authored by EBI Consulting. The conclusion stated in the reports is that the applicant’s proposed Wireless Facility installation will contribute a maximum RF exposure of less than 2.6% of the current Federal permissible exposure guidelines. The Site Compliance Report written by EBI Consulting and submitted by the applicant, along with a coverage map showing existing and proposed coverage were reviewed by the town’s consulting RF engineer, Mark Hutchins. In a letter dated April 16, 2012, Mr. Hutchins stated that the measured levels of RF Emissions are within compliance with FCC guidelines and that the proposed modification will result in coverage improvement over a larger geographic area. In addition to the EBI Consulting RF Compliance Study, the applicant submitted a Noise Study from Hudson Design Group, dated February 27, 2012 and a structural assessment from FDH Engineering, dated November 30, 2011. Both studies confirmed that the proposed modifications will be in compliance with the town’s requirements under section 8.9 of the town of North Andover Zoning Bylaw. The applicant had applied for and received approval for a renewal of their existing Special Permit on December 3, 2007, which was filed at the Town Clerk’s office on December 4, 2007. An appeal of that decision was filed by Mr. Steven Tryder in December 24, 2007. The Appeals Court of the Commonwealth of Massachusetts dismissed that appeal on February 13, 2012. This court action effectively tolled the expiration of the Special Permit until February 2015, so that the current application is well within the required three-year renewal period. 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. 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 provided the following conditions are met: SPECIAL CONDITIONS: Discontinuance Abandonment 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 abandonment or 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. 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: 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. Proper disposal of the waste materials generated by the carrier from the site in accordance with local and state solid waste disposal regulations. 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. 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. Upgrades: An y upgrades to the equipment to be installed on the tower would require a new structural report to be submitted to the Planning Board for review. Annual Certification: Annual certification demonstrating continuing compliance with the standards of the Federal Communications Commission, Federal Aviation Administration and the American National Standards Institute, if required by those agencies, shall be filed with the SPGA by the Special Permit holder. Term of Special Permit: Pursuant to Section 8.9.12.a of the Town of North Andover Zoning Bylaw, a Special Permit issued for this wireless service facility shall be valid for three (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 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. 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 RF measurements. Such measurements shall be signed and certified by an RF engineer, stating that RF 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) RF 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. 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 Bylaw. The 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. Prior to issuance of a Building Permit: A bond in the amount of five thousand dollars ($5,000) 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. A certified copy of the recorded decision must be submitted to the Planning Department. Prior to the final release of security: A final as-built plan showing final construction and location of the wireless hardware shall be submitted to and reviewed by the Planning Staff. A Structural Engineer must provide evidence that the recommendations as outlined in the Structural Report issued by FDH Engineering, dated November 30, 2011 and referenced herein, have been implemented. 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. 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. The following information shall be deemed part of the decision: Application Titled: Application for Special Permit – Site Plan Review Sprint Spectrum L.P. c/o SBA Communications One Research Drive, Suite 200C Westboro, MA 01581 Documentation Submitted: Special Permit Application Application in Support of Special Use Permit Quitclaim Deed RF Engineering Affidavit, dated 3/15/2012, prepared by Ryan Monte de Ramos RF – Electromagnetic Energy Compliance Report dated 2/28/2012, prepared by EBI Consulting Structur al Analysis, dated 11/30/2011, prepared by FDH Engineering Existing Conditions Cumulative Noise Study, dated February 27, 2012, prepared by Hudson Design Group LLC Certificate of Liability Insurance Plans Titled: Sprint Vision Site Number: BS23XC422 Site Name: SBA Tower Site Address: 300 Chestnut Street, North Andover, MA 01845 CC: Abutters Applicant