HomeMy WebLinkAbout2011-07-05 Planning Board Supplemental Materials (57)
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: July 5, 2011
Date of Hearings: June 21, 2011, July 5,
2011
Date of Decision: July 5, 2011
Application of: New Cingular Wireless PCS, LLC (“AT&T”)
Premises Affected: 0 Chestnut St. (a/k/a 300 Chestnut St.)
Map 98C, Parcel 2
Referring to the above petition for a renewal and modification of a Wireless Special
Permit from the requirements of the North Andover Zoning Bylaw, Sections 8.9 Wireless
Service Facilities and Section 2.65 Special Permit Granting Authority in order to add
three (3) new Long Term Evolution (LTE) antennas to such facility:
So as to allow the renewal of a Special Permit to continue operation of six (6) coaxial
cable antennas on an existing wireless service tower located at 0 Chestnut St. (a/k/a 300
Chestnut St.) and a 12 ft. by 20 ft. equipment shelter for ancillary equipment. The applicant
is also asking for a Modification of the Special Permit to add an additional three (3) LTE
antennas at the same location. The Special Permit was originally granted by the North
Andover Planning Board on May 31, 2006 for 12 antennas and was recorded on June 30,
2006. After litigation with the North Andover Board of Appeals was decided in favor of
AT&T by a Federal Court Judgment issued on September 25, 2006, the facility was
constructed with 6 antennas, according to a Building Permit issued by the Town of North
Andover Building Inspector on July 24, 2007.
nd
, the Planning Board
Upon a motionby T. Seibert and a 2 by R. Glover hereby
APPROVESWireless Special Permit,
the renewal and modification of a including the
installation of additional Wireless Facilities on an existing structure by a vote of 4 in
favor and 0 against.
___________
___________
On behalf of the North Andover Planning Board
John Simons, Chairman
Timothy Seibert
Courtney LaVolpicelo
Rickey Glover
Special Permit Renewal & Modification
0 Chestnut St.(a/k/a 300 Chestnut St). AT&T June 21, 2011
The Planning Board herein approves the renewal and modification of the Special Permit
to continue operation of the Wireless Facility, which consists of 6 coaxial cable antennas
on an existing wireless service tower located at 0 Chestnut St. (a/k/a 300 Chestnut St.) and
an 11 ft. by 26 ft. equipment shelter for ancillary equipment and to add three (3) LTE (Long
Term Emissions) antennas, plus ancillary equipment at the same location. The renewal of
the Special Permit was requested by Susan Roberts, Esq., Agent for
New Cingular Wireless
. This applications and additional documentation as cited herein was
PCS, LLC (“AT&T”)
filed with the Planning Board on May 6 and 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 as
required by the North Andover Zoning Bylaw Section 8.9:
FINDINGS OF FACT:
1.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, with the addition of the LTE
antennas is in compliance with FCC regulations regarding Maximum Permissible
Exposure (MPE) limits, as indicated by the reports provided by the applicant.
Two reports were filed, the first dated September 28, 2010, authored by Donald L.
Haes, PhD and the second dated May 12, 2011, authored by SAI
Communications. The conclusion stated in the reports is that the applicant’s
Wireless Facility installation contributes a maximum RF exposure of less than
two-tenths of one percent of the current State and Federal permissible exposure
guidelines. The Telecommunications Act of 1996 prohibits this Board from
taking health effects of RF transmissions into account beyond FCC requirements.
2.The town’s consultant has reviewed the RF Reports and has found that the
applicant has shown a clear gap in coverage without the activation of the
proposed LTE antennas. He also concludes that the location and distance of
neighboring sites rule out their use to cover this gap.
3.The applicant had also demonstrated that the site is in compliance with the Noise
Standards as set forth in section 8.9.8(b).
4.The applicant has provided a structural report, dated June 30, 2011 and authored
by FDH Engineering, Inc., that demonstrates that the existing structure does not
have the capacity for installation of the three new LTE antennas. The report made
recommendations that are incorporated within this document and that are stated as
Special Condition #6b, Prior to start of construction
.
5.The Planning Board received input and answered questions from residents.
However, the Planning Board believes that the applicant has demonstrated
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Special Permit Renewal & Modification
0 Chestnut St.(a/k/a 300 Chestnut St). AT&T June 21, 2011
compliance with the Town of North Andover Zoning Bylaw requirements for this
application.
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:
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)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.
3)Annual Certification:
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Special Permit Renewal & Modification
0 Chestnut St.(a/k/a 300 Chestnut St). AT&T June 21, 2011
a)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.
4)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 shall submit to the SPGA at annual intervals from the date of the
decision for the Special Permit renewal, preexistent and current RFR
measurements. Such measurements shall be signed and certified by an RF
engineer, stating that RFR 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) RFR 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.
c)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.
5)Prior to the endorsement of the plans by the Planning Board, the applicant must
comply with the following conditions:
five thousand dollars5,000)
a)A bond in the amount of ($ shall be posted for
the purpose of insuring that 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
4
Special Permit Renewal & Modification
0 Chestnut St.(a/k/a 300 Chestnut St). AT&T June 21, 2011
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.
b)The applicant shall provide the necessary certification as required in the above
sections 3a.
6)Prior to the start of construction:
a)A construction schedule shall be submitted to the Planning Staff for the
purpose of tracking the construction and informing the public of
anticipated activities on the site.
b)The applicant shall provide an affidavit signed by a certified structural
engineer, stating that the following conditions have been met:
1.Coax lines must be installed, as shown in Figure 1 of the Structural
Analysis Report, dated June 30, 2011, authored by FDH Engineering,
Inc., and referenced in this decision.
2.The proposed TMAs and RRUs should be installed directly behind the
existing/proposed panel antennas.
3.New anchor blocks must be installed and the relocation of the existing
guy wires to the new anchor blocks is required to support the existing
and proposed loading.
4.A visual inspection must be performed by the structural engineer to
determine that above 3 requirements have been met.
7)Prior to FORM U verification
(Building Permit Issuance):
a) The final site plan mylars must be endorsed and three (3) copies of the
signed and recorded plans must be delivered to the Planning Department.
b) A certified copy of the recorded decision must be submitted to the
Planning Department.
8)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 and reviewed by the Planning Staff.
9)
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.
5
Special Permit Renewal & Modification
0 Chestnut St.(a/k/a 300 Chestnut St). AT&T June 21, 2011
10)
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.
11)
The following information shall be deemed part of the decision:
Application Titled
a): Application for Special Permit Renewal
New Cingular Wireless PCS, LLC (“AT&T”) c/o Susan M.
Roberts, Esq.
Anderson & Kreiger
One Canal Park Suite 200
Cambridge, MA 02141
Prepared for: New Cingular Wireless PCS, LLC (“AT&T”)
b)Documentation Submitted:
1Letter of Authorizaion from SBA Properties, dated May 4, 2011
2 Original Special Permit Decision, date May 8, 2006.
3Court Judgment, New Cingular Wireless PCS LLC, Defendants, dated
October 4, 2006.
4Special Permit Renewal Decision, dated October 6, 2009
5Section 173 of the Act Relative to Economic Development
Reorganization, St. 2010, c. 240
6Cleck’s Notice in the matter Steven R. Tryder v. New Cingular Wireless
PCS. LLC, et al., Essex Superior Court Civil Action No. 2009-092070-D,
concluding that “it is clear that the Economic Development
Reorganization Act……extended the permit granted to AT&T in 2006
until at least May 31, 2011;”
7Cleck’s Notice in the matter Steven R. Tryder v. New Cingular Wireless
PCS. LLC, et al., Essex Superior Court Civil Action No. 2009-092070-D,
allowing AT&Ts Motion for Attorneys Fees (concerning claims “wholly
insubstantial, frivolous and not advanced in good faith” within the
meaning of G. L. c. 231, 6F);
8Building Permit, dated July 24, 2007.
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Special Permit Renewal & Modification
0 Chestnut St.(a/k/a 300 Chestnut St). AT&T June 21, 2011
9As Built Plans prepared by Dewberry-Goodkind, Inc., dated September
21, 2007;
10Site Plans for Proposed Modification of Facility, prepared by Atlantis
Group, dated April 11, 2011, titled, North Andover Mill Hills, Site
Number: MA 3349, Site Type: Guy Tower; and Title Sheet (T-1), General
Notes (GN-1), Plans and Details (A-1), Elevation (A-2), Grounding One-
Line Diagram & Details (G-1);
11Table of Requested Waivers under Sections 8.3 and 8.9 of the Town of
North Andover Zoning Bylaw;
12RF Emissions Report prepared by Donald L. Haes, dated September 28,
2010.
12)
The following information shall be deemed part of the decision:
a)Application Titled:
Application for Special Permit-Modification
New Cingular Wireless PCS, LLC (“AT&T”) c/o
Susan M. Roberts, Esq.
Anderson & Kreiger
One Canal Park Suite 200
Cambridge, MA 02141
Prepared for: New Cingular Wireless PCS, LLC (“AT&T”)
b)Documentation Submitted:
1)Site Plans for Proposed Modification of Facility, prepared by Atlantis
Group, dated April 11, 2011, titled, North Andover Mill Hills, Site
Number: MA 3349, Site Type: Guy Tower; and Title Sheet (T-1), General
Notes (GN-1), Plans and Details (A-1), Elevation (A-2), Grounding One-
Line Diagram & Details (G-1);
2)Report of Radio Frequency Engineer Kevin Breuer, dated May 17, 2011;
3)Photographs of Existing Facility and Photosimulations of Proposed
Facility;
4)FCC Licenses Applicable to Facility;
5)LTE Antenna and Related Equipment Specifications;
6)Maximum Permissible Exposure Study, prepared by SAI
Communications, dated May 12, 2011;
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Special Permit Renewal & Modification
0 Chestnut St.(a/k/a 300 Chestnut St). AT&T June 21, 2011
7)Table of Compliance with Town of North Andover Wireless Service
Facilities Bylaw, Section 8.9; and
8)Acoustic Noise Study for Facility, as modified by addition of antennas as
shown in proposed Site Plans.
9)Structural Report for Tower, submitted by FDH Engineering, Inc., dated
June 30, 2011.
13)Additional Information
a)RF Coverage Maps
b)Certificate of Liability Insurance dated 6/6/2011
8