HomeMy WebLinkAbout2012-09-04 Planning Board Supplemental Materials (37) 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: September 4, 2012, 2012
Date of Hearings August 21, 2012, September 4,
2012
Date of Decision: September 4, 2012
Application of: MetroPCS Massachusetts, LLC c/o New England Wireless Solutions, LLC
Premises Affected: 5 Boston Hill
Map 107C, Parcel
11
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
structure located at 5 Boston Hill. The Special Permit was originally granted by the North Andover Planning Board on August 19, 2009.
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
Michael Colantoni
Dave Kellogg
Lynne Rudnicki
Lora McSherry
The Planning Board herein approves the renewal of the Special Permit to continue operation of the Wireless Communications Equipment, on an existing structure located at 5 Boston Hill.,
and ancillary equipment located inside an existing structure. The renewal of the Special Permit was requested by Bill McQuade, Agent for MetroPCS Massachusetts, LLC. This application
and additional documentation as cited herein was filed with the Planning Board on July 18, 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 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 November 28, 2011, authored by David C. Cotton, Jr. of SiteSafe. The conclusion stated in the reports is that the applicant’s
Wireless Facility installation, combined with the OmniPoint installation at the same facility, contributes a maximum RF exposure of less than five percent of the current Federal permissible
exposure guidelines.
The Site Compliance Report written by SiteSafe and submitted by the applicant was reviewed by the town’s consulting RF engineer, Mark Hutchins. In a letter dated
August 22, 2012, Mr. Hutchins stated that the measured levels of RF Emissions are within compliance with FCC guidelines.
In addition to the SiteSafe RF Compliance Study, the applicant
submitted a Noise Study from Noise Control Engineering, dated December 15, 2009. The study confirms that the installation is in compliance with the town’s requirements under section
8.9 of the town of North Andover Zoning Bylaw.
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:
Any 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.
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 Renewal
Metro PCS Massachusetts, LLC
c/o New England Wireless Solutions,
LLC
17 Indian Trail
York, ME 03909
Documentation Submitted:
Tower Communications Site Lease Agreement dated November 1, 2007. Lessor:
B. Farnum, LLC, Lessee: MetroPCS Massachusetts, LLC c/o MetroPCS Wireless, Inc.
FCC Communications Commission Wireless Telecommunications Bureau Radio Station Authorization dated
11/29/2006, expiration date 11/29/2021.
Notice of Decision, MetroPCS Massachusetts, LLC, 5 Boston Hill, Map 107C, Parcel 11 dated August 18, 2009.
Noise Study, dated December 15,
2009, prepared by Noise Control Engineering, Inc.
RF Site Compliance Report, dated November 16, 2011, prepared by Sitesafe.
Site Plans titled “MetroPCS Unlimit Yourself BOS0523A %
Boston Hill Road North Andover, MA 01845 Essex County”. Sheets T-1, GN-1, C-1, A-1, A-2, E-1, E-2. Dated 6/18/09 and last revised 8/03/09.
Review of Metro PCS Application for Renewal
by Mark Hutchins, dated August 22, 2012.
CC: Abutters
Applicant