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HomeMy WebLinkAboutO CHESTNUT STREET-CINGULAR WIRELESS rFCEIVED Town of North Andover Office of the Planning Department 2011 MAY -2 PH 12: 55 ;was o J Community Development and Services Division 1600 Osgood Street North Andover,Massachusetts 01845 S 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: 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 D. Kellogg and a 2nd by M.Colantoni, the Planning Board hereby APPROVES the renewal and modification of a Wireless Special Permit, by a vote of 4 in favor and 0 against. /n/ � O ehalf of the No Andover Planning Board John Simons,Chairman Timothy Seibert Michael Colantoni Dave Kellogg Special Permit Renewal Sprint 300 Cheefta t St.May 1,2012 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: 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 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. b) 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. c) 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 2 Special Permit aroewal Sprint 300 Chestnut St.May 1,2012 town's requirements under section 8.9 of the town of North Andover Zoning Bylaw. d) 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. e) 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 at., 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. I) 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: 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 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. b) Upon abandonment or discontinuation of use, the carrier shall physically remove 3 Special Permit Rme t Sprint 300 Chestnut St.May 1,2012 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 from the 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: a) 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. 4) Term of Special Permit: a) 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. b) 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 4 • Special Permit Renewal Sprint 300 Charnut St.May 1,2012 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. c) 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. 5) Prior to issuance of a Building Permit: a) 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. b) A certified copy of the recorded decision must be submitted to the Planning Department. 6) 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. Ill 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. 7) 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. 8) 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 • Special Permit Renewal Sprint 3W Chestnut St.May 1,2012 9) The following information shall be deemed part of the decision: a) 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 b) Documentation Submitted: 1 Special Permit Application 2 Application in Support of Special Use Permit 3 Quitclaim Deed 4 RF Engineering Affidavit, dated 3/15/2012,prepared by Ryan Monte de Ramos 5 RF—Electromagnetic Energy Compliance Report dated 2/28/2012, prepared by EBI Consulting 6 Structural Analysis,dated 11/30/2011,prepared by FDH Engineering 7 Existing Conditions 8 Cumulative Noise Study, dated February 27,2012,prepared by Hudson Design Group LLC 9 Certificate of Liability Insurance 10 Plans Titled: Sprint Vision Site Number: BS23XC422 Site Name: SBA Tower Site Address: 300 Chestnut Street,North Andover,MA 01845 CC: Abutters Applicant 6 r-----7 iOWh' LER SEp Finr PLANNING BOARD UIIMAR IS PM 3.. 10 TOWN OF NORTH ANDOVER ^S TO'41H OF NH SET -S 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 iackieslaga@vmail.com 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 LegalBrief.............................................................................................TAB 3 Applicant background Requested Relief Summary RequiredDocuments...............................................................................TAB 4 Certified Abutters list Deed FCC License,Radio Frequency Affidavits and updated emissions report.....................................................................TAB 5 Structural..............................................................................................TAB 6 Zoning Drawings......................................................................................TAB 7 Photo Simulations....................................................................................TAB S Other Compliance Documents....................................................................TAB 9 TOWRRCLERIN S 0 FiCE 3� at o _ •s i LOIL MAR IS PM 3: 14 NORTO HOOF OVER PLANNING DEPARTMENT MASSACHUSI Tp Community Development Division Special Permit—Site Plan Review A lication Plemetype or print clearly. 1.Peritonea: Sprint Spectrum L.P.cion SBA Communications Petitioner's Ackland: One Research Drive,Suite 2001::,Westborough,MA 01581 Telephone number. 5 14 9 2.0vners of the Land: SBA Properties,Inc.(A Wholly-owned subsldiaryof SBA Communications) Address: 5900 Broken Sound Parkwa Boca Raton FI 33487-2797 Number of years of ownership: 3.Yen lot was created: 4.Description of Proposed ProJeet: A)pl'cat k PP9.1to o ify ,,ng vArejeaga facility at subject parcel as detailed in attached brief and drawings. 5.Description of Premises: Large parcel developed with existing wireless communications tower surrounded on all sides by a dense canopy of trees 6.Address of Property Being Affected: 0 Chestnut Street Zoning District R3 Assessors Map: 98C Lot is 7 Registry of Deeds:Book W: 3411 Page M. 7.Existing Lot. Lot Area(Sq.Ft): 5+acres Building Height: 155 Street Frontage: NA Side Setbacks: 200+ Front Setback: 75 Rear Setback: 100+ Floor Area Retia: NA Lot Coverage: NA S.Proposed Lot(if applicable): Lot Area(Sq.Ft): Building Height: Street Frontage; Side Setbacks: Front Setback: Rear Setback: Floor Area Ratio: Lot Coverage: 1600 Osgood Street,North Andover,BIdg.20,Suite 236 Planning Dept.,Massachusetts 01845 Phone 978.688.9535 Fos 978.688.9542 Web www.towngfnorthadixlr.com 9.Required Lot(as required by Zoning Bylaw): lot Area(Sq.Ft): NA Building Height: - itreetFrontage: —Nx— Side Setbacks: -20— 'rontsetback: - Rear Setback: 30 PoorArea Ratio: NA Lot Coverage: 10.Existhg Building(if applicable): Lound Floor(Sq.Ft.): #of Floors: Val Sq.Ft: Height: Lee: Type of Construction: 11.Propped Building: Ground Floor(Sq.FL): #of Floors: Total Sq.FL Height Ike:--- Type of Construction: 12.Has there been a previous application for a Special Permit from the Planning Board on these Premises? Yes If so,when and for r�haeofc,jgucffpn? Wireless communications tower and associate wireless ap i cc loco a on ower 13.Sectpos of Zoning Bylaw that Special Permit Is Being Requested 8.9 Wireless Communications Facility 14.Petitioter and Landowner signature(s): Every application for a Special Permit shall be made on this fame,which is the official form of the Planning Board. Every application shall be filed Wth the Town Clerk's office. It shall be the responsibility of the petitioner to fumish all supporting cimumenistion with this application.The dated copy of this apoicadon received by the Town Clerk or Planning Office does not absolve the applicant from this responsibility.The petitioner shall be responside for all expenses for filing and legal notification. Failure to comply with application requirements, as cited herein and in the Planning Board Rules and Rcgulations may result in a dismiss by the Planning Board of this application as incomplete. Petitioner's Signature- Print or type name here: e1 Owner's Signature: Print or type name here: JC,L` /1"f/�-1 tie / 15.Please list tide of plans and documents you will be attaching to this application. Detailed drawings,photo simulations,structural report,FCC license,Radio Frequency reports and plots, - Noise report,compliance documents 1600 Osgood Street,Noah Andover,BIdg.20,Suite 2-36 Planning Dept.,Massuchusahs 01845 Phone 978.688.9535 Fox 978.688.9542 Web www.towriomarthendoveramt Abutter to Abutter( ) emramgoepe ( ) conse.vatrun ( z ) zunmg ( ) Town of North Andover Abutters Listina REQUIREMENT. WL4K scmltl aew In pN-Peemin iV-ul uW11 ub maples wrmmnme pXlume.. eLutlera,MuaaleMEYe tlyc{�b enypu[Ik wpMebwry.vA eGUXert Io eXUXaSwMin me nunaee(dool res a ue wweb Mne a me pmXma ae Ney.ppmr o.ue mml rmn eppn[eele len Ilei,npwltlmYnaigMM bnEavrysW emwb b[abE n anpM,cry ulen'n,pg pbnnVp m.m a u.aly a,m.,l..le ue p...q m.m a e..y,wuXp env o.Iwo Sublect PMVwV. MAP PARCEL Name Address 98.0 2 SBA Towers,inc 0Chestnut Street North Andover,MA 01845 Mailing Address: 5900 Broken Sound Parkway,NW Boca Raton,FL 33487 Abutters Prooertles Map Parcel Name Ad cess 98.A 30 Gerry Silva 10 Kara Drive North Andover,MA 01845 98.A 41 Vibha Shahi 82 Lisa Lane North Andover,MA 01845 98.A 42 Daniel Luterman 92 Lisa Lane North Andover,MA 01845 98.A 54 Joyce Realty Trust 32 Sandra Lane North Andover,MA 01845 98.A 55 Richard Shaheen 10 Sandra Lane North Andover,MA 01845 98.A 61 Dennis White 89 Lisa Lane North Andover,MA 01845 98.A fit Jonathan Tessitore 103 Lisa Lane North Andover,MA 01845 98.A 63 Vincent Tikne 135 Lisa Lane North Andover,MA 01845 9&A 64 Chongpak Kim 130 Lisa Lane North Andover,MA 01845 98.A 66 Thomas Brennan 122 Lisa Lane North Andover,MA 01845 98.A 67 Mark Mylan 112 Lisa Lane North Andover,MA 01845 98A 68 John Cadarette 81 Lisa Lane North Andover,MA 01845 98.A 75 John Hashem 176 Kam Drive North Andover,MA 01845 98.A 84 Man Swahn 95 Kara Drive North Andover,MA 01845 98.A 85 John Morrison 87 Kam Drive North Andover,MA 01845 98.A 86 Michael Gains 79 Kara Drive North Andover,MA 01845 98.A 87 Cory Glover 67 Kara Drive North Andover,MA 01845 98.A 88 Pratip Mukherjee 59 Kars Drive North Andover,MA 01845 98.A 89 David Alaimo 49 Kara Drive North Andover,MA 01845 98.A 90 Denise McManus 39 Kara Drive North Antlover,MA 01845 98.A 91 Kevin Slattery 29 Kara Drive North Andover,MA 01845 98.A 92 Robert Gallahue 19 Kara Drive North Andover,MA 01845 98.A 93 Mary McKs.ie 9 Kara Drive North Andover,MA 01845 98.A 94 Joel Israel 30 Kara Drive North Andover,MA 01845 98,A 99 D L&M Ensign 62 Kara Drive North Andover,MA 01845 98.A 100 Dyke Morrissey 100 Kam Drive North Andover,MA 01845 9&A 101 Robert Sciaudone 78 Kara Drive North Andover,MA 01845 98.A 102 Thomas O'Connell 44 Kara Drive North Andover,MA 01845 98.A 110 Preston Hall 191 Kara Drive North Andover,MA 01845 98.A 142 Peach Tree Farm Owners P.O.Boz 864 North Andover,MA 01845 98.0 1&69 John Carter 300 Chestnut Street North Andover,MA 01845 98.0 3 Evan Fortunato 440 Chestnut Street North Andover,MA 01845 98.0 38 David Breen 364 Chestnut Street North Andover,MA 01845 98.0 54 Henry Hamel 374 Chestnut Street North Andover,MA 01845 98.0 66 Nicholas DlRico 406 Chestnut Street North Andover,MA 01845 98.0 67 Robert Holmes,Jr 396 Chestnut Street North Andover,MA 01845 98.0 68 Steven Tryder 386 Chestnut Street North Andover,MA 01845 98.0 77 Robert Peterson 5 Greenwood Fast Lane North Andover,MA 01845 98.0 79 Stacy Furlong 2 Blueberry Hill Lam North Andover,MA 01845 This certifies that the names appearing on the records of the Assessor Office as of /�oY Certified by Date Abumrto Abutter( ) Building Dept. ( ) Consemgon ( X ) Zoning ( ) Town of North Andover Abutters Listina REQUIREMENT: mGLoY,. ,Ia.hwn'paNea lalmereaus una'n maanane encu mean me peebner. W,Ilers.wmwa an land anal amnilean vry mala on pmnda ",,and Enders b al Mn mrae numrm rein%ar a ue P'"fn.an un pe W pax ae unr aspen,.itis moat.epparaek rev In,and nnaunalry MM ine lana N airy each artier la kwW In moral car a,loan.me parl .and orae ury aa I— em me names ewm or erery an—.on 0, Subject PraoerN: MAP PARCEL Name Address 98.0 2 SBA Tamers,Inc 0 Chestnut Street North Andover,MA 01845 mailing address: 5900 Broken Sound Parkway,NW Boca Raton,FL 33487 Abutters Properties Man Pam e1 Name A dress 98.0 80 Richard Pineau 395 Chestnut Street North Andover,MA 01845 98.0 81 Thomas Sheehan 405 Chestnut Street North Andover,MA 01845 98.0 82 Robert O'Brien 415 Chestnut Street North Andover,MA 01845 98.0 83 Robert Leonard 425 Chestnut Street North Andover,MA 01845 98.0 84 Laura Phair 435 Chestnut Street North Andover,MA 01845 98.0 109 Steven Sigel 352 Chestnut Street North Andover,MA 01845 98.0 110 John Marconi 418 Chestnut Street North Andover,MA 01845 98.0 114 Geraldine Laudani 450 Chestnut Street North Andover,MA 01845 98.0 115 Festus Adelabu 480 Chestnut Street North Andover,MA 01845 page 2 of Z This certifies that the names appearing on the records of the Assessors office as of Certified by Date b TOWN OF NORTH ANDOVER PLANNING BOARD APPLICATION IN SUPPORT OF SPECIAL USE PERMIT Submitted to: Town of North Andover Applicant: Sprint Spectrum L.P.dor 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 performed 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 hybrifiex 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 ran. 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 Iocated 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 Areuments 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 must 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 order 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 or 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 103 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/or 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 constructed 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/or 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 the base of any ground- mounted wireless service facility to any property line,shall be 2x the height of the 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 m 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. In 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 f a;ade 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. it) 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 in all directions to create an effective year-round visual buffer. Ground-mounted 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 the 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. !if)Color 1) Wireless service facilities,which are side-mounted on buildings shall be painted or constructed of materials to match the color of the building material directly behind them. 2) To the extent that any wireless service facilities extend above the 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. it) 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. i0) 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. it)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 full 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 the 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. I)Safety Standards I)Radiofrequency Radiation(RFR)Standards. All equipment proposed for a wireless service facility shall be authorized per the FCC Guidelines for Evaluating the 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. if)Structural Integrity. The applicant shall provide certification by a structural engineer that the wireless service facility is structurally sound 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 I 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 Aoolicant'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 future 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, heat, 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 Slags. WOWW AIM DEED Florida ESEPRESENTStb`uSBXTO 090 B nSoundparkwaYNW' N BY of bashtass at 5900 B cerPorau n hs,'iridas principal place Boca on, al lace of 194,700.00. ration having its Pnncip P for considerationoavida corp° f$ INC wton,Eloda YROPER'tIE 'dYngwayNW,BocaR' ri COVENANTS grants to SBA Token Sound with QUITCLAIM business at 5900 B t side of ted on the Wester Y thereon situs Massachusetts,shown as andimProvementsEssexcounty' Ma•"+dated the land with the buildings . Ncrth Andover, d Located In 0'Andover, 29,1999, 'Kara Drive) of Lan of Deeds on April Rata Lane(lan entitled ,Subdivision Plan Disnict Registry follows: Lot 3 on a p corded with Essex North ed and described 's March 1988 and re articularly boun a Fara Drive, No. 11109,mote P Lane,, Lane,and as Planthe westerly Lane, afar'Drive,andLisa n arcel of land on Kate Lane, of 33 89 feet to a Point; A certain point of intersection of Ka a rad commencing direction 50.79 feet with lan,239 feet S 63E 24' 40" ming in a southerly LotNo.6 on said p 31„E to a point; turning and running along 03E 30' •Q Thence turning and running 521.96 feet S 12' 34"W and W m a point;thence turnto a drill hole,along land o Thence tttrnin in three courses 8986'07 feet S 86 g and running t S 87E 38' 09"W z 00' 25"Wand 97.04 fee 268.67 feet S 88B e' of Gilbert O.Rea; tN OOE 30' owned now or formerly LotNo.4 of said p1an,126.36 fcethence turning .a d ming along W to a point; OOE 30' S2" d running 80,00 feet 'thence tumience running 243.18 to a P thence taming an 52"W to a point;then 89E 29' 10"E to'point; and running 41.00 feet ownad N 01E 55' 07"E to a point; Thence taming and mrnnng along land known as LotNo. l on said plan, now or formerly by John E.Carter and Raymond B.Agler,333.85 feet 03E 29"29"E to a point;thence fuming and running along sand LoOIn 2 9, 84 feet N 0 B 4' 31"W thence turning and running along said LotNo.2 69.48 feet N 63B24' ow E n g and r feet ni N 63E 24' 40"E along land now or formerly owned to a Point; a po nt;thence Tann B int of begimting• by Rosario L. and Blanche L.Consoli,to the po feet(5 233 acres)ofland, according to Said Lot No.3 contains 227,967 square . said plan. RF ENGINEERING AFFIDAVIT The undersigned hereby states the following in support of the application by SBA Communications Corporation and Sprint/Nextel, hereafter referred to as "Applicant-, to install/replace wireless communications broadcast/receive equipment at approximately 130 feet above ground level (AGL)at the property located at 300 Chestnut Street,North Andover,MA 01845-5308,Sprint/Nextel Site ID:BS23XC422,hereinafter referred as the"Site". 1. I am a Radio Frequency Engineer employed by Alcatel-Lucent, representing the Applicant, with an office located al 1 Robbins Road,Westford,MA 01886. 2. My primary responsibilities include radio frequency design and planning in the State of Massachusetts. 3. I have thoroughly reviewed the radio frequency (RF) engineering studies, reports and computer models prepared by Statim/Nextel,with respect to the Site. 4. Sprint/Nextel is licensed by the Federal Communications Commission (herein after "FCC") to provide wireless communication services by building a network of communication sites. 5. In order to build out its network and meet customer demand for Wireless Services, Sprint/Nextel must have in place a system of wireless sites to serve portable wireless communication data devices. 6. To maintain effective, reliable and uninterrupted service, there must he a continuous series of sites located within close proximity m each other so as to overlap in a system comparable to a honeycomb pattern. If there is no site available to accept/receive the signal,network service to the mobile customer will terminate involuntarily. Accordingly,the overlap of coverage is necessary for the signal to transfer from one site to another site seamlessly and without involuntary termination. 7. A number of factors determine the distance between cell sites, including, but not limited to, topography,physical obstructions,foliage,antenna height and line-of-sight. 8. Based on the radio frequency studies, reports and computer models prepared in connection with this Site, it is my professional assertion that without the proposed wireless communication facilities at this location there would be inadequate network service for SprintlNextel customers due to a coverage gap. 9. The existing wireless communications facility and proposed equipment installatimureplacement at the Site shall be in compliance with the FCC Guidelines for Evaluating the Environmental Effects of Radio Frequency Radiation. It is the responsibility of Sprint/Nextel to make sure that it will be in service and in compliance with FCC guidelines. 10.The proposed wireless communications equipment at the Site will be installed,erected,maintained and used in compliance with all applicable Federal,State and local regulations, including,but not limited to:the radio frequency emissions regulations set forth in the 1996 Federal Communications Act, applicable regulations administered by the Federal Aviation Administration (FAA), Federal Communications Commission (FCC), Massachusetts Aeronautics Commission and the Massachusetts Department of Public Health. 11. The RF energy from the proposed wireless communications equipment at the Site will not exceed the State and Federal standards,when combined with all other existing facilities on the Site and also that new antennas would not "interfere"with the other existing wireless structures from other carriers at the Site location. 12. Based upon the best radio frequency technology available at this time, it is my professional opinion that the proposed Site equipment is at the minimum height that is needed to ensure adequate service to area residents and businesses. 69*L)- - Ryan Monte de Ramos RF ENGINEER,Alcatel-Lucent for Sprint/Nexiel Date:March 15,2012 Q ( 08z5 - A QUITCLAIM DEED KNOW ALL MEN BY THESE PRESENTS that SBA TOWERS,INC.,a Florida corporation having its principal place of business at 5900 Broken Sound Parkway NW, Boca Raton,Florida for consideration of$194,700.00. grants to SBA PROPERTIES,INC,a Florida corporation having its principal place of business at 5900 Broken SoundParkwayNW,Boca Raton,Florida with QUITCLAIM COVENANTS the land with the buildings and improvements thereon situated on the Westerly side of Kara Lane(a/k/a Kam Drive) in North Andover,Essex County,Massachusetts,shown as Lot 3 on a plan entitled"Subdivision Plan of Land Located in No.Andover, Ma.",dated March 1988 and recorded with Essex North District Registry of Deeds on April 29, 1988, as Plan No. 11109,more particularly bounded and described as follows: r U A certain parcel of land on the westerly side of Kara Lane,a/k/a Kara Drive, commencing at a point of intersection of Kara Lane,a/k/a Kara Drive,and Lisa Lane,and running in a southerly direction 50.79 feet with a radius of 33.89 feet to a point; 0 Thence turning and running along Lot No.6 on said plan,239 feet S 63E 24' 40" W to a point;thence turning and running 821.96 feet S 03E 30' 31"E to a point; 0 z Thence turning and running in three courses of 86.07 feet S 86B 12' 34"W and 268.67 feet S BSE 00' 25"W and 97.04 feet S 87E 38' 09"W,to a drill hole,along land a owned now or formerly of Gilbert O. Rea; X Thence turning and running along Lot No.4 of said plan, 126.36 feet N OOE 30' 52"W to a point;thence running 243.18 feet N OOE 30' 52"W to a point;thence turning and running 41.00 feet N 89E 29' 10"E to a point;thence turning and running 80.00 feet N OlE 55' 07"E to a point; Thence turning and running along land known as Lot No. 1 on said plan,owned now or formerly by John E.Carter and Raymond B.Agler, 333.85 feet N 86E 29'29"E to a point;thence turning and running along said Lot No. 1399.84 feet N 03E 30' 31"W to a point;thence turning and running along said Lot No.2 69.48 feet N 63E 24' 40"E to a point;thence running 210.00 feet N 63E 24'40"E along land now or formerly owned by Rosario L. and Blanche L.Consoli,to the point of beginning. Said Lot No. 3 contains 227,967 square feet(5.233 acres)of land, according to said plan. pre Said conv Perpetual PPro n8 t andseas Y sa shoeYed'm 0subject to and sod�t with benefit of the pr�oPe1'ty o£Blake Realt ent to use that portion of %ether the a Part of ately 275 feet long, for all n d plan, being a stn 6 kch directly abuts said Lot 3. purposes for which to said land and 13.93 feet wide and could be used if it were in restrictio laid pron"fights o a are further sub' eth De force of Ed aPPl'cablae,inand d all other tatters ofrand go�insofar a benefit of all easementser , asemen m the 8 without limitation,rights and the same may now be John E, Carter and Raymond B. for to John E, easements described fio Agler to the Carter and Raymond B.Alger and in For title, Gramor of even date. from Trust to SBA see the deed Of Robert E.Bonds, With the Essex No era, In dated October 28, 1998 and r�the Beltwist Development rth DistrictRegistry oer rded on eeda Book 5224,Page 212, 30 1998 No title examination was Pelf-led in connection with this conveyance. WETNESS our hands and seals this 51 .day of - � 2005. SBA TOWERS INC. By. .N— 7 �_ Its: 5S rte( STA ° OF 0 �A On this-3—s�day of personally appeared 2 0 , before me, the undersi SBA Towers,Inc., and proved to me thou geed now P gh SUQanA nenf signed on the prec ding or attachet doc Vktl,n� to be the person whose n ument,and acknowlod ed name is signed it vohhntarily for its stated purpose. 8 me that he/she Notary ublic My ommission Expires; =�AYCOOMWION#I�'M 6Wu, Said premises are conveyed subject to and together with the benefit of the Perpetual right and easement to use that portion of said Lot 6 which directly abuts Property of Blake Realty as shown on said plan,being a strip of land 13.93 feet wide and approximately 275 feet long,for all purposes for which said land could be used if it were a part of said Lot 3. Said premises are further subject to and together with the benefit of all easements, restrictions,rights of any and all other matters of record,insofar as the same may now be in force and applicable,including,without limitation,rights and easements described in Deeds of Easements from the Grantor to John E. Carter and Raymond B.Alger and from John E. Carter and Raymond B.Agler to the Grantor of even date. For title,see the deed of Robert E.Bonds, Trustee of the Beltwist Development Trust to SBA Towers,Inc, dated October 28, 1998 and recorded on October 30, 1998 with the Essex North District Registry of Deeds in Book 5224,Page 212. No title examination was performed in connection with this conveyance. WITNESS our hands and seals this yam_day of g� 2005 SBA TOWERS,INC. By: T-b �n1 Its: So ara errd STAT Co..,v�.f .n On this of _ ,2 D before me,the undersigned notary public, personally appeared , S11Qgnd �i.anyrg( SBA Towers,Inc., and proved tome though tuhiell-were_ r'`' '^_•�u'-'� satisfant- )erson whose name is signed on the prec ing or abd ttachidocument, and acknowledged me that he/she signed it voluntarily for its stated purpose. Notary blic My ommissCt .m ExpiresIYpp 418G4A JIB,2ak.vnueura ., 2 Radio Frequency — Electromagnetic Energy (RF-EME) Compliance Report Prepared for: Sprint Nextel c/o Alcatel-Lucent 600-700 Mountain Avenue Room 6A-744 Murray Hill, NJ 07974 Site No. BS23XC422 SBA Tower. MA 2105 300 Chestnut Street North Andover, Massachusetts 01845 Essex County 42.668917; -71.108778 NAD83 lattice tower EBI Project No. 62120373 February 28, 2012 EBI C O N S U L T I N G Creating Value for Your Business WEBI 21 3 Street 4 Burlington, MA 01803 a 1.800.786.2346 i RF-EME Compliance Report Site No.BS23XC422 EBI Project No.62120373 300 Chestnut Street, North Andover, Massachusetts EXECUTIVE SUMMARY Purpose of Report EnviroBusiness Inc. (dba EBI Consulting) has been contracted by Sprint Nextel to conduct radio frequency electromagnetic (RF-EME) modeling for Sprint Site BS23XC422 located at 300 Chestnut Street in North Andover, Massachusetts to determine RF-EME exposure levels from existing and proposed Sprint wireless communications equipment at this site. As described in greater detail in Section 11.0 of this report, the Federal Communications Commission (FCC) has developed Maximum Permissible Exposure (MPE) Limits for general public exposures and occupational exposures. This report summarizes the results of RF-EME modeling in relation to relevant FCC RF-EME compliance standards for limiting human exposure to RF-EME fields. This report contains a detailed summary of the RF EME analysis for the site. This document addresses the compliance of Sprints proposed transmitting facilities independently and in relation to all collocated facilities at the site. Bq�7�7 21 B Sveet i Burlington, MA 01803 4 1.800.786.2346 RF-EME Compliance Report Site No.BS23XC422 EBI Project No.62120373 300 Chestnut Street. North Andover, Massachusetts 1.0 LOCATION OF ALL EXISTING ANTENNAS AND FACILITIES AND EXISTING RF LEVELS This project involves the removal of six (6) existing antennas to be replaced with three (3) proposed Sprint wireless telecommunication antennas on a lattice tower located at 300 Chestnut Street in North Andover, Massachusetts. There are three Sectors (A, B, and C) proposed to be replaced at the she, with one (1) antennas that may be re-installed per sector. Based on drawings and aerial photography review, two unknown carriers also have wireless antennas on the lattice tower.These antennas were included in the modeling analysis. 2.0 LOCATION OR ALL APPROVED(BUT NOT INSTALLED)ANTENNAS AND FACILITIES AND EXPECTED RF LEVELS FROM THE APPROVED FACILITIES There are no antennas or facilities that are approved and not installed based on information provided to EBI and Sprint at the time of this report. 3.0 NUMBER AND TYPES OF WTS WITHIN 100 FEET OF THE PROPOSED SITE AND ESTIMATES OF CUMULATIVE EMR EMISSIONS AT THE PROPOSED SITE With the exception of the antennas mentioned in Section 1.0, there are no other Wireless Telecommunication Service (WTS) sites observed within 100 feet of the proposed site. 4.0 LOCATION AND NUMBER OF THE SPRINT ANTENNAS AND BACK-UP FACILITIES PER BUILDING AND NUMBER AND LOCATION OF OTHER TELECOMMUNICATION FACILITIES ON THE PROPERTY Sprint proposes the removal of six (6) existing antennas to be replaced with three (3) proposed Sprint wireless telecommunication antennas on a lattice tower located at 300 Chestnut Street in North Andover, Massachusetts. There are three Sectors (A. B, and C) proposed to be replaced at the site, with one (1) antenna that may be re-installed per sector. In each sector, there is proposed to be one antenna transmitting in the 800 MHz and the 1900 MHz frequency ranges.The Sector A antenna will be oriented 80' from true north. The Sector B antenna will be oriented 210° from true north.The Sector C antenna will be oriented 280' from true north. The bottoms of the Sector A and C antennas will be 127.4 feet above ground level. The bottom of the Sector B antenna will be 128.2 feet above ground level. Based on drawings and aerial photography review, two unknown carriers also have wireless antennas on the lattice tower.These antennas were included in the modeling analysis. 5.0 POWER RATING FOR ALL EXISTING AND PROPOSED BACKUP EQUIPMENT SUBJECT TO THE APPLICATION The operating power for modeling purposes was assumed to be 20 Watts per transmitter for the 800 MHz antenna and there will be one (1) transmitter operating at this frequency. Additionally, for modeling purposes it was assumed to be 20 Watts per transmitter and two (2) transmitters operating at the 1900 MHz. KE _}T 21 B Street Burlington, MA 01803 a 1.800.786.2346 RF-EME Compliance Report Sic,No.BS23XC422 EBI Project No.62120373 300 Chestnut Street North Andover, Massachusetts 6.0 TOTAL NUMBER OF WATTS PER INSTALLATION AND THE TOTAL NUMBER OF WATTS FOR ALL INSTALLATIONS ON THE BUILDING The effective radiated power (ERP) for the 800 MHz transmitter combined on site is 721 Watts. The ERP for the 1900 MHz transmitters combined on site is 2,347 Watts. The ERPs for other carriers on site was not provided. 7.0 PREFERRED METHOD OF ATTACHMENT OF PROPOSED ANTENNA WITH PLOT OR ROOF PLAN INCLUDING:DIRECTIONALITY OF ANTENNAS,HEIGHT OF ANTENNAS ABOVE NEAREST WALKING SURFACE,DISCUSS NEARBY INHABITED BUILDINGS Based on the information provided to EBI, the information indicates that the proposed antennas are to be pipe-mounted to the lattice tower, operating in the directions, frequencies, and heights mentioned in section 4.0 above.The surrounding properties are primarily wooded land with residences further to the west and east. 8.0 ESTIMATED AMBIENT RADIO FREQUENCY FIELDS FOR THE PROPOSED SITE Based on worst-case predictive modeling, there are no predicted areas on any accessible ground-level walking/working surface related to the proposed Sprint antennas that exceed the FCC's occupational or general public exposure limits at this site. At the nearest walking/working surfaces to the proposed Sprint antennas, the maximum power density is 2.60 percent of the FCC's general public limit (0.52 percent of the FCC's occupational limit). The composite exposure level from all other carriers existing on this site combined with Sprint's proposed antennas is 4.60 percent of the FCC's general public limit (0.92 percent of the FCC's occupational limit) at the nearest walking/working surface to each antenna. Based on worst-case predictive modeling, there are no areas at ground level related to the proposed Sprint antennas that exceed the FCC's occupational or general public exposure limits at this site. At ground level, the maximum power density generated by the Sprint antennas combined with the existing other carriers antennas on site is 4.60 percent of the FCC's general public limit (0.92 percent of the FCC's occupational limit).The inputs used in the modeling are summarized in the Roofview®export file presented in Appendix B. There are no modeled areas on the ground that exceed the FCC's limits for general public or occupational exposure in front of the other carrier antennas. 9.0 SIGNAGE AT THE FACILITY IDENTIFYING ALL WTS EQUIPMENT AND SAFETY PRECAUTIONS FOR PEOPLE NEARING THE EQUIPMENT AS MAY BE REQUIRED BY THE APPLICABLE FCC ADOPTED STANDARDS(DISCUSS SIGNAGE FOR THOSE WHO SPEAK LANGUAGES OTHER THAN ENGLISH) Signs are the primary means for control of access to areas where RF exposure levels may potentially exceed the MPE. It is recommended that additional signage be installed for the new antennas making people aware of the antennas locations. There are no fields in front of the proposed antennas and therefore barriers are not recommended. Additionally, there are areas where workers elevated above the ground may be exposed to power densities greater than the general population and occupational limits. Workers and the general public should be informed about the presence and locations of antennas and their associated fields. Access to this site is accomplished via a gate in the fence surrounding the tower. Workers must be elevated to antenna level to access them, so these antennas are not accessible to the general public. Bye;9T 21 B Street Burlingron, MA 01803 • 1.800.786.2346 RF-EME Compliance Report Site No.BS23XC422 EBI Project No.62120373 300 Chestnut Street. North Andover, Massachusetts 10.0 STATEMENT ON WHO PRODUCED THIS REPORT AND QUALIFICATIONS Please see the certifications attached in Appendix A below. 11.0 FEDERAL COMMUNICATIONS COMMISSION(FCC)REQUIREMENTS The FCC has established Maximum Permissible Exposure (MPE) limits for human exposure to Radiofrequency Electromagnetic (RF-EME) energy fields, based on exposure limits recommended by the National Council on Radiation Protection and Measurements (NCRP) and, over a wide range of frequencies, the exposure limits developed by the Institute of Electrical and Electronics Engineers. Inc. (IEEE) and adopted by the American National Standards Institute (ANSI) to replace the 1982 ANSI guidelines. Limits for localized absorption are based on recommendations of both ANSI/IEEE and NCRP. The FCC guidelines incorporate two separate tiers of exposure limits that are based upon occupadonaVcontrolled exposure limits (for workers) and general publicluncontrolled exposure limits for members of the general public. Occupationallcontrofled exposure limits apply to situations in which persons are exposed as a consequence of their employment and in which those persons who are exposed have been made fully aware of the potential for exposure and can exercise control over their exposure. Occupational/ controlled exposure limits also apply where exposure is of a transient nature as a result of incidental passage through a location where exposure levels may be above general public/uncontrolled limits (see below), as long as the exposed person has been made fully aware of the potential for exposure and can exercise control over his or her exposure by leaving the area or by some other appropriate means. General publicluncorttrolled exposure limits apply to situations in which the general public may be exposed or in which persons who are exposed as a consequence of their employment may not be made fully aware of the potential for exposure or cannot exercise control over their exposure. Therefore, members of the general public would always be considered under this category when exposure is not employment-related, for example, in the case of a telecommunications tower that exposes persons in a nearby residential area. Table I and Figure I (below),which are included within the FCC's OET Bulletin 65, summarize the MPE limits for RF emissions. These limits are designed to provide a substantial margin of safety. They vary by frequency to take into account the different types of equipment that may be in operation at a particular facility and are "time-averaged" limits to reflect different durations resulting from controlled and uncontrolled exposures. The FCC's MPEs are measured in terms of power (mW) over a unit surface area (cm2). Known as the power density, the FCC has established an occupational MPE of 5 milliwatts per square centimeter (MW/CM2) and an uncontrolled MPE of I mWlcm2 for equipment operating in the 1900 MHz frequency range. For the Sprint equipment operating at 800 MHz, the FCC's occupational MPE is 2.66 mWlcm2 and an uncontrolled MPE of 0.53 mW/cm2.These limits are considered protective of these populations. NiC 1QT 21 B Street Burlington, MA 01603 1.800.786.2346 RF-EME Compliance Report Site No.BS23XC422 EBI Project No.62120373 300 Chestnut Street North Andover, Massachusetts Table I: Limits for Maximum Permissible Exposure(MIRE) (A)Limits for Occupational/Controlled Exposure FrequeRange Electric Field Magnetic Field Averaging Time Wry (MHz) Strength(E) Strength(H) Power Density(S)(MW/CM2) [E]2,[H]J,or S /m) (Alm) (minutes) 0.3-3.0 614 1.63 (100)* 6 3.0-30 1842/f 4.89/f (900/ )* 6 30-300 61.4 0.163 I.0 6 300-1,500 - 1/300 6 1,500-100,000 - -- S 6 (B)Limits for General PubliclUncontrolled Exposure Frequency Range Electric Field Magnetic Field Avenging Time Power Density(S) [E]2,[H]2,or S (MHz) Strength(E) Strength(H) (mW/cm2) (VIM) (Alm) (minutes) 0.3-1.34 614 1.63 (100)* 30 1.34-30 824/f 2.19/f (180/ * 30 30-300 27.5 0.073 0.2 30 300-1,500 -- f11,500 30 1,500-100,000 - 1.0 30 f= Frequency in(MHz) *Plane-wave equivalent power density pAp,], •CC Lbntts br Mexlmum PermisslDle Exposuro(MIRE) Pore-weve Equivalen( Pow.w Oensrty I.MO lupWnYCbiY WCEyava� E °e'a� '"°"°°"° U I EE a ,a 5 N O I � ayyJ 0.J I J JO IJ0.tl .LI0.ro 1]V,ep rJl I,Ytl IW.0.tl Frpumcy(Mlli) Based on the above, the most restrictive thresholds for exposures of unlimited duration to RF energy for several personal wireless services are summarized below: Personal Wireless Service Approximate Occupational public MPE Frequency IMP Personal Communication(PCs) 1,950 MHz 5.00 mW/cm 1.00 mW/cm Cellular Telephone 870MHz 2-90mW/cm O.SB mW/cm 5 cialized Mobile Radio 855 MHz 285 mW/cm 0.57 mW/cm Most Restrictive Freq, Range 30-300 MHz 1.00 mW/cm 0.20 mW/cm VE13—T 21 B Street Burling[on. MA 01603 � 1.800.786.2346 RF-EME Compliance Report Site No.BS23XC422 EBI Project No.62120373 300 Chestnut Street North Andover, Massachusetts MPE limits are designed to provide a substantial margin of safety. These limits apply for continuous exposures and are intended to provide a prudent margin of safety for all persons, regardless of age, gender,size,or health. Personal Communication (PCS) facilities used by Sprint in this area operate within a frequency range of 800-1900 MHz. Facilities typically consist of: 1) electronic transceivers (the radios or cabinets) connected to wired telephone lines; and 2) antennas that send the wireless signals created by the transceivers to be received by individual subscriber units (PCS telephones). Transceivers are typically connected to antennas by coaxial cables. Because of the short wavelength of PCS services, the antennas require line-of-site paths for good propagation, and are typically installed above ground level. Antennas are constructed to concentrate energy towards the horizon, with as little energy as possible scattered towards the ground or the sky. This design, combined with the low power of PCS facilities, generally results in no possibility for exposure to approach Maximum Permissible Exposure (MPE) levels, with the exception of areas directly in front of the antennas. Statement of Compliance A site is considered out of compliance with FCC regulations if there are areas that exceed the FCC exposure limits aad there are no RF hazard mitigation measures in place. Any carrier which has an installation that contributes more than 5% of the applicable MPE must participate in mitigating these RF hazards. 12.0 LIMITATIONS This report was prepared for the use of Sprint Nextel. It was performed in accordance with generally accepted practices of other consultants undertaking similar studies at the same time and in the same locale under like circumstances. The conclusions provided by EBI are based solely on the information provided by the client The observations in this report are valid on the date of the investigation. Any additional information that becomes available concerning the site should be provided to EBI so that our conclusions may be revised and modified, if necessary. This report has been prepared in accordance with Standard Conditions for Engagement and authorized proposal, both of which are integral parts of this report No other warranty, expressed or implied, is made 13.0 SUMMARY AND CONCLUSIONS EBI has prepared this Radiofrequency Emissions Compliance Report for the proposed Sprint telecommunications equipment at the site located at 300 Chestnut Street in North Andover, Massachusetts. EBI has conducted theoretical modeling to estimate the worst-case power density from Sprint antennas and the other carriers' existing antennas to document potential MPE levels at this location and ensure that site control measures are adequate to meet FCC and OSHA requirements. As presented in the preceding sections, based on worst-case predictive modeling, there are no modeled exposures on any accessible ground-level walking/working surface related to proposed equipment in the area that exceed the FCC's occupational and general public exposure limits at this site. As such, the proposed Sprint project is in compliance with FCC rules and regulations. Signage is recommended at the site as presented in Section 9.0. Posting of the signage brings the site into compliance with FCC rules and regulations. B7 21 B Street • Burlington, MA 01803 # 1.800.786.2346 RF-EME Compliance Report Site No.BS23XC422 EBI project No.62120373 300 Chestnut Street,North Andover, Massachusetts Appendix A Certifications MEB7 21 8 Street a Burlington, MA 01803 a 1.800.786.2346 RFEME Compliance Report Site No.BS23XC422 EBI Project No.62120373 300 Chestnut Street,North Andover,Massachusetts Preparer Certification I, Drew Duncklee, state that: • I am an employee of EnviroBusiness Inc. (d/b/a EBI Consulting), which provides RF-EME safety and compliance services to the wireless communications industry. • I have successfully completed RF-EME safety training, and I am aware of the potential hazards from RF-EME and would be classified"occupational" under the FCC regulations. • I am familiar with the FCC rules and regulations as well as OSHA regulations both in general and as they apply to RF-EME exposure. • I have reviewed the data provided by the client and incorporated it into this Site Compliance Report such that the information contained in this report is true and accurate to the best of my knowledge. IfWCB7 21 B Street 4 Burlington, MA 01803 4 1.800.786.2346 Appendix B Roofview® Export File Map...,Antenn..aria 5ymhol Dau T.de..Expected from wordbook.�e.l5.ab ' Mane on 2/28/2012 at 3:02:04 PM. 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Sym l5 SAC Unit Sym 45 Ll ladder E31K.l11JEERING FDH Engineering,Inc,2730 Realand Rd.Ralegh,NC 27615,Ph.919.755.1012,Fax 919.755.1031 Structural Analysis for SBA Network Services,Inc. 152'Guy Tower SBA Site Name: North Andover SBA Site ID: MA01085-A Sprint Site ID:BS23XC422 Anal sis Results Tower Components 99.0% Sufficient Foundation 89.0% Sufficient Maximum Antenna Rotations at Service Wlnd SPeed Elevation ft Antenna Tilt de Twist d 130 26"MW Dish 1 .0576 .0190 FDH Project Number 11-05129E S3 Prepared By: Reviewed By: Stephanie Neal,EI J.Davin Holt,Ph.D.PE Project Engineer Principal MA PE License No.47696 C FDH Engineering,Inc. 2730 Rowland Rd. Raleigh,NC 27615 (919)755.1012info@fdh-inc.com 0501 11 November 30,2011 RepandpuumdN ANSVTM-2226 SYn.MVNStaM hrA nrs Supp "StrucWres andA� Document No. ENG-RPT-503S Revison Date.01108109 Strucbnel Anatysis Report SBA Network Services,Inc. SBA Site 10:MA01085-A November 30,2011 TABLE OF CONTENTS EXECUTIVESUMMARY................................................................................................. 3 Conclusions Recommendations APPURTENANCELISTING............................................................................................. 4 RESULTS.................................................................................................................... 6 GENERALCOMMENTS................................................................................................. 9 LIMITATIONS............................................................................................................... 9 APPENDIX................................................................................................................... 10 D=m nt No. ENG-RPT5038 Revisbn Date:01108109 2 structural Analysis Report SBA Network Services,Inc. SBA Site ID:MA01035-A November 30,2011 EXECUTIVE SUMMARY At the request of SBA Network Services, Inc., FDH Engineering, Inc. performed an analysis of the existing guyed tower located in North Andover, MA to determine whether the tower is structurally adequate to support both the existing and proposed loads, pursuant to the Structural Standard for Antenna Supporting Structures and Antennas, ANSI/f1A-222-G. Information pertaining to the existing/proposed antenna loading, soil parameters, foundation dimensions, current lower geometry,and the member sizes was obtained from: o Staring Engineering(Project No.061-697)Structural Analysis Report dated February 17,2005 o Sterling Engineering(Project No.061575)tower reinforcement drawings dated May 25,2004 o URS Greiner(Job No.0535525.03)Existing Tower Elevation and Layout dated October 7,1998 o FDH Engineering, Inc. (Project No. 04-0333E) Dispersive Wave Propagation Tesfing of an Existing Tower Foundation dated April 14,2004 o Geolechnologies,Inc.(Project No.1-04-0498-FA)Report of Subsurface Investigation dated April 23,2004 o FDH,Inc.(Project No. 10-04106T T1)TIA Inspection Report dated August 20,2010 o FDH,Inc.(Project No. 10-041067 T3)Anchor Mapping Report dated November 24,2010 o FDH Engineering, Inc. (Project No. 11-05129E S2)Modification Drawings for a 152' Guyed Tower dated September 9,2011 o SBA Network Services, Inc. The basic design wind speed per the ANSIMA-222-G standard is 100 mph without ice and 40 mph with 1" radial ice. Ice is considered to increase in thickness with height. Furthermore,this tower has been analyzed as a class II structure in Exposure category C with topographical factor 1. Conclusions With the existing and proposed antennas from Sprint in place at 130 g, the tower meets the requirements of the ANSIMA- 222-G standard provided the Recommendations listed below are satisfied. Furthermore, provided the foundations were modified per Sterling Engineering's modification drawings (see Sterling Project No. 061-575) and FDH Engineering, Inc. modification drawings(see FDH Project No. 11-05129E S2), the foundations should have the necessary capacity to support the existing and proposed loading. For a more detailed description of the analysis of the tower,see the Results section of this report. Our structural analysis has been performed assuming all information provided to FDH Engineering, Inc. is accurate (i.e., the steel data, tower layout, existing antenna loading, and proposed antenna loading) and that the tower has been properly erected and maintained per the original design drawings. Recommendations To ensure the requirements of the ANSYTIA-222-G standard are met with the existing and proposed loading in place,we have the following recommendations: 1. Coax lines must be installed as shown in Figure 1. 2. The proposed RRUs and combiners should be installed directly behind the proposed panel antennas. 3. The proposed ODUs should be installed directly behind the proposed dishes. 4. Modifications per FDH Engineering, Inc. (Project No. 11-05129E S2)Modification Drawings for a 152'Guyed Tower must be installed prior to the installation of the proposed loading for this analysis to be valid. Document No. ENG-RPT503S Revision Dale.01108x9 3 Structural Analysis Report SBA Network Services,Inc. SBA Site ID:MA01085-A November 30,2011 APPURTENANCE LISTING The proposed and existing antennas with their corresponding cableslcoax lines are shown in Table 1. If the actual layout determined in the held deviates from this layout,FDH Engineering,Inc.should be contacted to perform a revised analysis. Table 1—Appurtenance Loading Existing Loading: Anti Descripbon Mount Elevation(11) Coax and Lines Carrier Elevation m) MounlType 159.5 1 7.75x1.To Omni 154.6 Direct Mountcn Ladder 159.2 (1)Scala OG89-900K Omni (1)t-114' Arch 151.2 (1)Pipe Mount 5'x2.4'o 1582 (1)T-10'x0.93'g Omni (1)112' — 151.2 (1)Pipe Mount 5'xl.88'e 144 (3)Andrew VHIP2.5 Dishes (4)112' 1 Andrew VHLP1 Dish Cleamire 140 140 (3)Argus LLPG310R w/Mount Pipes (3)7/8, (3)StandMls 3 Samsung 2.5 GHz RRHs 1302 (6)RFS APXV86-W13-C wl Mound Pipes 130'4 (6)Decibel DBF65T2E74 w/Mount Pipes (fi)1-5/8' Sprits 129.6 (3)10'TFremes 950 128.9 124 111'z1.25'e Omni 1117 WBZ (6)Kathreln 800-10121 w/Mount Pipes (3)Kethrein 800-10766 w/Mount Pipes (12)1-518' 120 (3)CSS(12)DIJ01Pawe4ave1 .BL1TMAs SWw/Mount Pipes (1)319 119.1 (3)12.5T.Frames (2)DC Cables New Cingular (6)Ericsson RRUS11 RRUs (1)Fiber Cable (1)Rat DC6AB.Wl88F Surge Arrestor (1)3'Conduit 1 Pi TMG-HR-26N GPS (3)12'L'ghhweightT- 100 (12)Swedcom SE 9012 (12)1-518' Verizon 100 Frames CuY,=19.83 Wt 1 99.9 (1)Writ2'x8'Junction Box — -- 97.5 (1)13.25'Matiorm w/Rails 62.2z 7 Trimble 23620-20 GPS (1)1/2' 1 Sprint 1 61.25 (1)37q,... N 55.5 1 Channel Master 1.2M-1 Dish 1 1/4' I Arch 1 54.75 1 2'Slznduff 1. See Figure l M max bcation. 2. Sprint'sexisfing loading at130'mtl62.2'vol Ee rwnwM pdwbNe irslellation of the prapmetl boding. Proposed Loading: Antenna Description Elevation(ft) Coax and Lines Carner Mo,,t Tvicr, (6)76 x 14'x T Panels wl Mount Pipes 1304 (12)24'x 14'x 7'RRUs (12)12'x 6'x 2'Combiners (4)Hybrid Cables 130 (3)24'x 14'x T Fibers Sprint 129.6 (3)10'Ir-Frames (2)26'MW Dishes (2)1/T (2)ODUs 128.9 1 GPS Antenna Document No. ENG-RPT503S Revision Date:01108109 4 Structural Analysis Report SBA Netxark Semces,Inc. SBA Site ID:MA01085-A November 30,2011 1ORWIIUVONT ECOA% FORY£RIZON T010] CLIXHING LADDER V8 SAFETYCABUE� "PROPOSED HMRIO CABLES Fq1 SPR111TT0130 R)Id CO TOaERENOVED (1)1rz- XISDNGCGAX 11211,'9"EXISTING COAX N 151Y(OEA0)� (4131VFORK VICINNUNUART FOR NEW STINGCOAX RT01181' (1)1-,N'E%ISTING COAL • O FOR ARCX T0151 Y • 00 (1)FUTURE FIBER CAatE 1111/T E%ISTNG COAX • It)FIIIURE TCONWR 121In'PROPOSED COAX OOO �I2)FUTURE OC CABLES FOR SPRINT TO 1W p 000 FOR NEWCINGUTAR TO 1191 1111 1'FORNEZ To 119�1 ��}j am 920 ®B OO °O (1 LA MISTINGCOAXJ FORARCHT054.75' (a)W FUTURE COAX -(0)1?FUTURE COAX FOR CUMPAIRE TO 1MS iM • =PROPOSED =FUTURE O =EXISTING Figure 7—Coax Layout Document No. ENG-RPT-5035 Revision Date:01108109 5 Structural Analysis Report SBA Neavark Services,Inc SBA She ID:MA01OW-A November 30,2011 RESULTS The following yield strength of steel for individual members was used for analysis: Table 2•Material Strength Member Type lield strength Legs 50 ksi Diagonals 36 ksi Horizontals 36 Nei Table 3 displays the summary of the ratio(as a percentage)of force in the member to their capacities. Values greater than 100% indicate locations where the maximum force in the member exceeds its capacity. Note: Capacities up to 105% are considered acceptable. Table 4 displays the maximum foundation reactions. Table 5 displays the maximum tilt and twist at service wind speeds(proposed dishes only). If the assumptions outlined in this report differ from actual field conditions, FDH Engineering, Inc. should be contacted to perform a revised analysis. Furthermore,,as no information pertaining to the allowable twist and sway requirements for the existing or proposed appurtenances was provided, deflection and rotation were not taken into consideration when performing this analysis. See the Appendix for detailed modeling information Table 3-Summary of Working Percentage of Structural Components section Elevation %Capacity Pass No Fail T7 152-14fi a P2.5x.276 GR 18.0 Pass onal L211W 1137/16 12.1 Pass ontal L31/34x71i6 5.4 Pass Girt L31Yh4x7/16 0.5 Pass m Girt L3 fY34x7/16 3.6 Pass 61.185 3r4 34.4 Pass 61.185 3/4 34.2 Pass 61.185d 3/4 34.5 Pass To 151.5 L3x3xl/4 14.9 Pass ottom 1515 L3x3xl/4 40.1 PauT2 146-136P30.30 GR 51.2 Pau Diagonal L13/4x13*3/i6 783 Pass 81.1 b Horizontal P2x218 1.9 Pau Top Girt P3.218 6.8 Pau Bottom Girt P3.218 3.7 Pass T3 136-126 Leg P30.30 GR 70.0 Pass Diagonal Ll 3/4xl 314x3116 5B.5 Pau Horizontal P3.218 3.1 Pass Top Gid P3.218 3.5 Pass Bottom Gin P3.218 0.9 Pass T4 126-116 Leg P2c0.30 GR 71.8 Pass Diagonal L13/4x13*3116 46.6 Pau Horizontal P3.218 1 4.1 Pass T Gin Mills 0.7 Pau Bottom Girt P3.218 1 29 Pau Document No. ENG-RPT-503S Revision Date:0110M 6 Structural Analysis Report SBA Nehvork Services,In. SBA Site ID:MA01035-A November 30,2011 Section Elevation Component S'n %Capacity No It 15 AGw rP2x0.30GR 68.2 Pass nal Ll 314x1314x3116 639 Passntal P2x.218 2.5 Pass irt P2x.21B 3.5 Pass Girt P2x.218 4.1 PassT6 P2x0.30 GR 40.0 Passnal L1314x1314x3116 974Pass992. bntal P2z.218 2.4 Passirt P2x.218 4.4 PassGirt P2x.218 13.0 Pass, 61.718 314 46.4 Pats Guy 3@96.1667 61.718 314 47.0 Pass Guy COMA 667 61.718 314 46.6 Pass Torque An To 96.1667 Lax AM 23.3 Pass Torgass An Bottom 96.1667 1.30014 41.3 Pass T7 96-90 Leg P2.5x.276 GR 49.4 Pass Diagonal L21aQ 1/2016 18.3 Pass Horizontal L31f2x4x7116 12.6 Pass Top Girt L310*7116 4.8 Pass Bottom Girt L3 104016 6A Pass T8 90-80 Leg P2N.30 GR 60.8 Pass Diagonal 11314x1314016 37.9 Pass Horizontal P2x.218 2.1 Pass Top Gitl P2x.218 3.5 Pass Bottom Girt I P2x.218 1.4 Pass T9 80-70 Leg P2N.30 GR 63.5 Pass Diagonal L13/4x1NUMB 25.8 Pass Horizontal P2x.218 2.2 Pass Top Girt P2x.218 1.7 Pass Bottan Girt P2x.218 1.0 Pass T10 70-60 Leg P2x0.30 GR 65.0 Pass Diagonal Ll 3141314016 22.7 Pass Horizontal P2x.218 2.3 Pass Top Girl P2x.218 1.0 Pass Bottom Girt P2x.218 1.1 Pass T11 60-50 Leg P2x0.30 GR 66.8 Pass Di onal L1314x13(4x3116 35.2 Pass Horizontal P2x.218 2.3 Pass Top Gin P2x.218 1.9 Pass Bottom Gitl P2x.218 1.8 Pass T12 50-40 Leg P2x0.30 GR 75.8 Pass Diagonal L1314xl 3143116 43.3 Pass Horizontal P2x.218 2.6 Pass Top Gin P2x.218 2.6 Pass Bottom Gin P2x.218 7.7 Pass GL,yMW.1667 112 32.7 Pass Guy 39MA6157 12 32.8 Pass Guy C@40.1667 112 32.6 Pass T13 40-30 Lea P2x0.30 GR 73.1 Pass Diagonal L1314x1NUMB 25.6 Pass Horizurnal P2c21B 2.7 Pass Top Gitl P2x.218 3.1 Pass Bottom Gin P2x.218 1.3 Pass T14 30.20 Leg P24.30 GR 74.8 Pass Diagonal L1314a1314016 16.1 Pass Horizontal P2x.218 2.7 Pass Document No. ENG-RPT-503S Redslon Date:01108109 7 Structural Analysis Report SBA Network Services,Inc. SBA Site ID:MA01085-A November 30,2011 Section Elevation Component Size Capacity Paw No. Type Fail To Gln P2x.218 1.1 Pass Bottom Gin P2x218 1.1 Pass T15 20-10 Lea P2x0.30 GR 77.1 Pees Diagonal L1314x13r4x3t16 19.9 Pass Horizontal P2x.218 2.8 Pass Top Girt P2x.218 1.1 Pass Bottom Gin P2x.218 1.3 Pass T16 10-0 Leg P210.30 GR 79.8 Pass Diagonal L13/4xl 3143116 25.0 Pass Horizontal P2x.218 2.9 Pass Top Gkt P2x.218 1.3 Pass Ballon,Gin P2x.218 6.6 Pass 'DagMal balls assumetl M be gretle A325%. Table 4—Maximum Base Reactions Current AnalysW Modification Design- ANS11TIA Tower Base 2k 105 k 50 k-8 40 k 274 k 111 k-8 Inner Anchor"' 22k 24k — OuterAnchor 17k 17k 28k 1 28k 'Conant analysis reactions are vnthin an allowable tecta of 1.35 when to orginal design adi are based on an allowable stress design per MMA-222-G "Modification desgn reactions rapaabes demorned by Storing Engineering and Deakin Group,LM.(Repot No.O6fE9T1 Sbudural Analysis Report dad Reixuary 17, 20)5. "nner Anchor deamlined adequate per Independent analysis. Table 5—Maximum Antenna Rotations at Service Wind Speed(Proposed Dishes Only) Cemerlime Elevation(t) Arlene Ti t;dg 130 26"MW Dish 0.0576 0,0190 Tit and Most values t be reviewed by coma. Document No. ENGRPT-SD3S Revision Date 01108109 8 Structural Analysis Report SBA Network Serrates,Inc. SBA Ske ID:MA01085-A November 30,2011 GENERAL COMMENTS This engineering analysis is based upon the theoretical capacity,of the structure. It is not a condition assessment of the tower and its foundation. It is the responsibility of SBA Network Services, Inc.to verify that the tower modeled and analyzed is the correct structure(with accurate antenna loading information)modeled. If there are substantial modifications to be made or the assumptions made in this analysis are not accurate, FDH Engineering, Inc. should be notified immediately to perform a revised analysis. LIMITATIONS All opinions and conclusions are considered accurate to a reasonable degree of engineering certainty based upon the evidence available at the time of this report. All opinions and conclusions are subject to revision based upon receipt of new or additional/updated information. All services are provided exercising a level of care and diligence equivalent to the standard and care of our profession. No other warranty or guarantee, expressed or implied,is offered. Our services are confidential in nature and we will not release this report to any other party Wthout the client's consent. The use of this engineering work is limited to the express purpose for which it was commissioned and it may not be reused, copied, or distributed for any other purpose without the written consent of FDH Engineering, Inc. Document No. ENGRPT-5035 Revision Date:01108109 9 SlNctuml Analysis Report SBA Network Services,Inc. SBA Site ID:MA01085-A November 30,2011 APPENDIX Document No. ENG-RPT-503S Revision Date:01108109 10 146.00 A - °un .. . a c a a noon : a.es. .wn e a $ R=I wnllR.µ n Ixnn .s.PLAN w.m A a a 11"0" I DESIGNED APPURTENANCE LOADING TYPE ELEVATION TYPE ELEVATION C a 1.1ec"me, m mu.Emese RRuan pse l WMXpRW - 1N6 p M. E.tm°n 4,1I'flNrtnl ISIS IG Py EPAWtt(New 11Bt r I.ri ----- 5x11 m'APo AlM 151] WµyamblD106 Alex110.1 e moxas V+ml Ie. LIiPM - I..,.rewC 11.1 u Ills µn ry:MnYa Imo IO.'.h r—I— ennw° oro. LlxaIs mon-le rclWwp 1w trxlz o-ilv,In RPM um .., Imo mNM-nem1a1a1wYMPa C M 0 a R.Lnercl..wrel Imo .plp NFE ` PPM um ICMMnI Imo\� vy-1 Pp re- not se" sood"' 1Mb M Imo uNewl�`p vem1,1111.., Imo W✓+lem ..ohwhin lIse11 t e ] I.ff 0,t'mrelnlM°"u'qu1 3 1I'oitMw wnouM e rcmnsy �w a —y ' �m..r 1Por see 111 9 w.viceae l �w m NMeam III IIl:I.nM nn. 11 11 i Q Y%VLs(Cb.iMnl Imo . "y. .nm.wnunl Pqe n1- I 3 a &so'miseeq a:; .m 1 mFE ,Tr l'Px r pa. lbui IN, Ia°A K.h.,. III.WMnuri Po- 11.1 N•.1rxr P1KK OCA I.I LIYl1w1 ThNIXe.eryup Inarar,r RRU IA.namus r-R.n.. n<I Ni tz x N x,eImm-lox , . a..cw In.101lunge.cpup Po-oris.rsRinll imilwazl int PWApsmIaOA °onl1,waw11, uhlap,m Ia L- mR'i F'.-I ossers Im IN IsI - -ship 1A8 In sc Po13DIN.M.M Pq 1. a hene.le,r P-1.I wunwi Iae rye/mD ALL REACTIONS room wscw,x.oiN.mlp.M VDe Im AREFACTORED a'au•"r mvr Iae.e M-enl g eZr.I rMRu noose les In sc wln—oirvwrnll m-ce tm 2 Ty Tj y MAX.CORNER REAC rcI em.r("no i pR E E 2 e a oOwN73K aNIssessixones) .I wR.uereRsn p�we..n flmm.n llom..n� ns C R app° UPLIFT. OK Reemmw p.•annflM-M rtpm•e�uM nn SHEAR 5K mm'au'.nvr-weenMw- tmv nmw m n5 5 AXIAL M'.1r"rlav I,u ^n"R°n'"'O^M"n'°' ICK In 3f.IPxrhpY Ru(an Ins. nn mon �u lz.r.zwpe-I u 12aa mP1tlini1leQnnee _ ss SHEAR ENT V."' wee w,awn 1mv 1 rl olsnyxN stn OK kiyR pu.urenu0 pet 11.1 asumon sL]s IAN-.0. w neat rp 11.1 TORQUE1 kipR 40mPI MND- 1.0000 in ICE�v�R yuEna:on RxLall pMn 1 AXIAL -- t fosK SYMBOL LIST SHEAMOMEN NEW SIZE MARK I Sim 2K bkiyR e a a rmn MATERIAL STRENGTH REACTIONNS-S-10010rmph WiN TOIpR GMDE loFu GRADE F Fu $ adn u p 8 +8 g er mm M-n>uu TOWER DESIGN NOTES �W g Ftl� is Z 1. Tower o I.Wd in Ennaz CourHy.Meee°cllusatb. J 3Y f. Tower tleeiOneU for Expasue C m IM TIA-322G SIantlem. 3. Tower ceMgned br e f p0 mph msiosled in emartlenw wan be TLA-222-G SlantleN. 4. Tower is alae designed fora 40 mph Eeak wick with 1.00 in ice.Imo is considered to increase in fe'r.Ynnse wiM F—M FDH Engineering,Inc. a-North Andover,MA01085•A 2730 Rowland Road peliss 11-anaPES3 im Raleigh, North Carolina Ce°t1'-SDA Nelwork Senoras esin TMnr MaryN Phone:19191 76S1 012 `d°'TIA-n2-G °d'11130'11 °del ITS FA%: 919 ]511031 pw °'u w.E-1 EXISTING CONDITIONS EXISTING SPRINT ANTENNAS 9 t ..� PHOTO LOCATION • 1 DATE OF PHOTO: 03/15/fl SFE Na BS23XC422 SRE TWE: 02�2,�,2 GUYED TOWER DATE: Sprint' SITE NAME: SBA TOWER VISION ADDRESS: 300 CHESTNUT STREET "WEEN" """..I.E. DRAWN BY: DB SCALE: NTS NORTH ANDOVER. MA 01845 PROPOSED CONDITIONS PROPOSED PANEL ANTENNA MOUNTED TO EXISTING PIPE MOUNT (TYP. OF 1 PER SECTOR, TOTAL OF 3) I — ' PROPOSED RRH TO BE MOUNTED BEHIND PROPOSED ANTENNA �+ (TYP. OF 2 PER SE TOTAL OF 6) a 'Ix i r > i F PHOTO LOCATION M 1 DATE OF PHOTO: 03/15/11 SITE NO: BS23XC422SITE TYPE: GUYED TOWER DATE: p S rint' 02/21/12 SITE NAME: SBA TOWER vom ADDRESS: 300 CHESTNUT STREETw,ro.�.1.1..'o: DRAWN BY: OB SCALE: NTS NORTH ANDOVER, MA 01845 CONDITION EXISTING SPRINT ANTENNAS • • LOCATION DATE OF • • • ®® SrrE NAME: SBA TOWER Vtsw" ADDRESS: 3�� �.. DB SCALE: NTS NORTH DOANVER, MA 01845 PROPOSED CONDITIONS PROPOSED RRH TO BE MOUNTED BEHIND PROPOSED ANTENNA (TYP. OF 2 PER SECTOR, TOTAL OF 6) r wl / II PROPOSED PANEL ANTENNA MOUNTED TO EXISTING PIPE MOUNT (TYP. OF 2 PER SECTOR, TOTAL OF 6) PHOTO LOCATION # 2 DATE OF PHOTO 03/15/11 SITE NO: BS23XC422 SITE TYPE: GUYED TOWER DATE: SITE NAME: SBA TOWER Sprint 02/21/12 ADDRESS: 300 CHESTNUT STREET °v: NJ 74'NE DRAWN BY: D8 SCALE: NTS NORTH ANDOVER, MA 01845 TEL(Xl1 Hudson©O Design Groupuc l February 27, 2012 Bryan Bakis, P.E. SBA Communications Corporation One Research Drive,Suite 200c Westborough, MA 01581 RE: Sprint Vision Cumulative Noise Study Site #: BS23XC422 SBA Site#:MA01085-A Site Name:SBA Tower Address:300 Chestnut Street, North Andover, MA 01845 Dear Mr. Bakis: This report is to demonstrate that the project proposed by Sprint is in compliance with the Town of North Andover Zoning By-law requirement Section 8.9(4)(e)(iv) Environmental Standards, and Section 8.9(5)(d)(vi) Noise Filing Requirements. Section 8.9(4)(e)(iv) states: 1. Ground-mounted equipment for wireless service facilities shall not generate acoustic noise in excess of 50dB at the security barrier. In addition.Section 8.9(5)(d)(vi)(c) Requires the equipment to meet The Massachusetts Department of Environmental Protection's (MA DEP) Noise Regulation,310 CMR 7.10. The regulation considers a noise in violation if it: 1. Increases the broadband sound level by more than 10 dB(A) above ambient, or; 2. Produces a "pure tone"condition-when any octave bond center frequency sound pressure level exceeds the 2 adjacent center frequency sound pressure levels by 3 dB(A) or more. BACKGROUND NOISE SURVEY HDG performed a background noise survey at the subject properly on Saturday February 251h at 8:00 p.m. to Sunday February 26th 8:00 p.m. The logging sound level meter is in conformance with the ANSI SIA-1983 Type (S)2&ANSI SI.43-1997 accuracy standards and measurements were taken in accordance with ASTM E 1014-2008 Standard Guide for Measurement of Outdoor A- Weighted Sound Levels. The location of the field measurement is shown on the site plan attached. Table 1 shows the results using the Average Sound Level (Leq) in A-weighted decibels and L90 which is the sound level exceeded 90%of the time (commonly known as the quietist 10%of the time period). L90 allows for filtering of short duration sound sources that produce a higher sound level. p:9]!SS].SSSS t 910.3835!& a:1600 Osgood Sheet,Building 20 Nodh,Sale 2-101.N.Andover,MA 0185 p:413SBB.0179 1:415311.0590 a:116 Pleasant Sheet,Ste 302,lasthomplon,MA 0107 SnYdY!®xCai HOG also calculated the Day-Night Average Sound Level (Ldn). Ldn is the average equivalent sound level over a 24 hour period,with a penalty added for noise during the nighttime hours of 10100 p.m.to 07:00 a.m. During the nighttime period 10 dB is added to reflect the impact of the noise. Table is Summary of Back round Noise Data Time Location dBAI Daytime ILQ South Fence line 54.4 Evenin South Fence line 51.9 Entire Period fL"I South Fence line 49.8 Day-Night Avera a Ldn South Fence line 58.3 EQUIPMENT NOISE EVALUATION I am well-versed with the technical specifications, published acoustical noise levels, and actual operating conditions of the Alcatel-Lucent 9928 Distributed Base Station (DBS) utilized by Sprint. During normal operating conditions the fresh air cooling fans built into the DBS will create the maximum acoustical noise level of this equipment. In addition,Sprint proposes to remove an existing Lucent Flexent Modcell 2.0 cabinet. Table 2 provides the maximum sound pressure level of the cabinet to be removed and the proposed cabinet. Table 2:Sound Pressure Level at 5' dB(Al Flexent Modcell To be Removed 65 Alcatel-Lucent 9928 (Proposed) 65 This sound is approximately equivalent to a standard household vacuum cleaner at 10'. All other proposed equipment does not produce noise during operation. CUMULATIVE NOISE RESULTS Utilizing the free field formula (20 log R) for further attenuation for spherical spreading we show the calculated noise levels in Table 3. Table 3: Calculated Sound Pressure Levels Entimperlotl I Day-Night Average lrs MA DEC (L.1 N.Andover Sound Pressure Level of Alcatel-Lucent 9928 dB A 65.0 1 65.0 Sound Pressure Level of Hexent Modcell (to be removed) -65.0 -65.0 (dB(A)) Net Change (dB(A)) 0.0 0.0 Background Noise at the Security Fence from Table I IdB(AI 1 49.8 58.3 Horizontal Distance to Nearest Property Line Feet+/- 70 70 Calculated SPL at Pro a Line dB A 26.9 35.4 Increase in Back round Noise at the Properly Line dB A 0.00 Increase In background noise at the Security Fence to the - 0,0• south (dB(A)) p:9785575553 t:978.336,5586 a:16M Opootl Sheet funding M Nodh,Wffa 2-101,N.Andover,MA 01895 p:913588.8199 t:913.517.0590 a:11d NeosaM 51ree.Ste 302,Easthampton,MA 01027 C1wlXin tbYe SwH SpNSne BS!]Xf1II lyeJ 'Note: Sprint is proposing to replace the existing Flexent Modcell cabinet with the new 9928 DBS with a similar acoustic noise level of 65 dB(A). Therefore it is anticipated that there will be no change in the background noise levels at the fence and property lines. CONCLUSION The Town of North Andover defines a noise in violation if it exceeds 50 dB of the security barrier. The Average Day-Night noise level (Ldn) is estimated to be 58.3 dB(A). However,Sprint proposes to remove an existing Lucent Flexent Modcell 2.0 cabinet which produces a similar sound pressure level as the proposed Alcatel-Lucent 9928. As a result, there will be no perceptible change in noise at the security fence or the property line. The MA DEP Noise Regulation,310 CMR 7.10 defines unnecessary,excessive,of offensive noise as a noise level which exceeds the ambient noise level by 10 alit(A), and 3 dB(A) if a tonal component exists. There is no calculated increase in the noise level at the south property line. Therefore, during normal operating conditions,it is my professional opinion that the predicted maximum acoustical noise levels from the Sprint equipment will be in conformance with the MA DEP noise regulation. tx OF u4 Sincerel , ysT` o? DEREK J.J. 4G fl Sy V 105 A 9t)p /STEP � Derek J. Creas 4L Sr.Project Manager p:97855].3553 f:978.336.5586 0:1600 Osgood Street,8uild1n0 20 Nodh,SuBe 2.101,N.Ansbver,MA o1843 p:413588.8139 f;413.517.0590 a:716 PleosaM Sheet,Ste 302,Easthampton,MA 01027 Sprin�� vY "• � � ._.. SBA �,� �! � ro•.t.\ to closest south Himto the , south HUWo�n " Y rY w ' , R > a \ \ ! SOURCE: es'� f^� SITE SPECIFIC NOTES: SY w I� of I ZONING INFORMATION w% proximate b ® . r I w ceti no(Noise -� we w• w... EEGENO�r 1 I B53]%C40] SBt lOwfR ANTENNA OMENTATICN KEY p r �vEOT vvN'� F r� -F r� 11.1'vux � my my C-� dB 66- 64- 1 62 LAeq 60 I 58 56- 54- 52- 50- 65452 50 , LAF90.0% 48 46 18:00:00 00:00:00 06:00:00 12:00:00 18:00:00 02/25/2012 Time Q\users\dcreaser\desktop\run indigo (2) .dta Overall profile duration = 26:25:00 (1705 samples) Cursor 1: Time = 02/25/2012 22:00:10, Level = 49.5, 48.5 dB, Flags: ----- Cursor 2: Time = 02/26/2012 07:00:10, Level - 51.4, 49.0 dB, Flags: ----- Duration on / between the cursors = 09:01:00, Flags: UO---, Scale: 1:1, Threshold: 0 dB - LAeq - Time at or above 0 dB = 28:25:00, overall Time at or above 0 dB = 09:01:00, on / between the cursors Time at or above 0 dB = 19:24:00, outside the cursors Time below 0 dB = 00:00:00, overall Time below 0 dB = 00:00:00, on / between the cursors Time below 0 dB = 00:00:00, outside the cursors Maximum LAeq = 61.9 dB, Time of maximum = 02/25/2012 22:25:10, on / between the cursors Minimum LAeq = 47.1 dB, Time of minimum = 02/25/2012 23:02:10, on / between the cursors Calculated average LAeq = 53.9 dB, overall, (Threshold = 0 dB) Calculated average LAeq = 51.9 dB, on / between the cursors, (Threshold = 0 dB) Calculated average LAeq = 54.4 dB, outside the cursors, (Threshold = 0 dB) Calculated SBL = 103.B dB, overall, (Threshold = 0 dB) Calculated SHL = 97.0 dB, on / between the cursors, (Threshold = 0 dB) Calculated SEL = 102.8 dB, outside the cursors, (Threshold = 0 dB) Calculated Lep,d = 59.2 dB, overall, (Threshold = 0 dB) Calculated Lep,d = 52.4 dB, on / between the cursors, (Threshold = 0 dB) Calculated Lep,d = 58.2 dB, outside the cursors, (Threshold = 0 dB) - LAF90.06 - Time at or above 0 dB = 28:25:00, overall Time at or above 0 dB = 09:01:00, on / between the cursors Time at or above 0 dB = 19:24:00, outside the cursors Time below 0 dB = 00:00:00, overall Time below 0 dB = 00:00:00, on / between the cursors Time below 0 d0 = 00:00:00, outside the cursors Maximum LAF90.0i = 55.5 dB, Time of maximum = 02/26/2012 03:32:10, on / between the cursors Minimum LAF90.0% = 46.5 dB, Time of minimum = 02/25/2012 22:59:10, on / between the cursors Calculated average LAF90.04 = 49.0 dB, on / between the cursors dB 66- 64- 62- 66462 LAeq 60 I 58 I L 56- 54 6 54 I' 52- 50- 2 50 , � �I� �I �� LAF90.0% 46- 18:00:00 00:00:00 06:00:00 12:00:00 18:00:00 02/25/2012 Time C:\users\dcreaser\desktop\run indigo (2) .dta Overall profile duration = 28:25:00 (1705 samples) Cursor 1: Time = 02/25/2012 19:58:10, Level = 50.5, 49.0 dB, Flags: ----- Cursor 2: Time - 02/26/2012 19:58:10, Level = 47.3, 47.0 dB, Flags: ----- Duration on / between the cursors = 24:01:00, Flags: UO---, Scale: 1:1, Threshold: 0 dB - Le4 - Time at or above 0 dB = 28:25:00, overall Time at or above 0 dB = 24:01:00, on / between the cursors Time at or above 0 dB = 04:24:00, outside the cursors Time below 0 dB = 00:00:00, overall Time below 0 dB = 00:00:00, on / between the cursors Time below 0 dB . 00:00:00, outside the cursors Maximum LAeq = 62.6 dB, Time of maximum = 02/25/2012 21:10:10, on / between the cursors Minimum LAeq = 47.1 dB, Time of minimum = 02/25/2012 23:02:10, on / between the cursors Calculated average LAeq = 53.7 dB, overall, (Threshold = 0 dB) Calculated average LAeq = 52.3 dB, on / between the cursors, (Threshold = 0 dB) Calculated average LAeq = 57.7 dB, outside the cursors, (Threshold = 0 dB) Calculated SEL = 103.8 dB, overall, (Threshold = 0 dB) Calculated SEL = 101.7 dB, on / between the cursors, (Threshold = 0 dB) Calculated SHL = 99.7 dB, outside the cursors, (Threshold = 0 dB) Calculated Lep,d = 59.2 dB, overall, (Threshold . 0 dB) Calculated Lep,d = 57.1 dB, on / between the cursors, (Threshold = 0 dB) Calculated Lep,d = 55.1 dB, outside the cursors, (Threshold = 0 dB) - LAF90.04 - Time at or above 0 dB = 28:25:00, overall Time at or above 0 dB = 24:01:00, on / between the cursors Time at or above 0 dB . 04:24:00, outside the cursors Time below 0 dB = 00:00:00, overall Time below 0 dB . 00:00:00, on / between the cursors Time below 0 dB = 00:00:00, outside the cursor. Maximum LAF90.0£ = 59.5 dB, Time of maximum = 02/25/2012 21:10:10, on / between the cursor. Minimum 1A 90.08 = 46.5 dB, Time of minimum = 02/25/2012 22:57:10, on / between the cursors Calculated average LAF90.08 = 49.8 dB, on / between the cursors Community Noise Calculators-Ldn, Lden and CNEL Page I of I ALM. Home contact Products Hire Calibration Survey News Resources Help Search Carona Home>Apps n Lan Calculator Tel. 0845 680 0312 info@noisemetem.co.uk Ldn, Lden, CNEL-Community Noise Calculators Ldn and Lden Calculator Ldn and Lden Calculator t^■, Start Hourly Calculation of the Ldn(day,highs)and the Wen(day,evening, 4411, Those p ose LCalculate night)based on 1-hour Leq measurements. alunamn 01:00 524 -/m, 11:11 519 ae Leq Ldn-Day Night Average Sound Level ✓ 02:00 49.5 do ✓ 52.3 dB The Ltln is Me avers e g equivalent sound level over a 24 hour period,with a 0300 52.6 as J penalty aadded peri dor noises added the nighttime hours t f the to 07:00.During the 01:00 526 as ✓ Ltln nighttime period 10 tlB is adtletl to reflect the impact of Ma ndse. 05:00 50.8 ha ✓ 56.3 dB Ldn measurements am useful for assessing the Impact that road,mil,air and 08:00 50.7 ae ✓ general industry has on Me local population. 0710 503 aB ✓ Ltlen 08:00 486 as ✓ 58.6 tlB The Naisehleters Wit calculator accepts hourly Leq measurements and calculates 0690 407 ae ✓ the Ldn accordingly 10:00 500 as J Lden or CNEL 11:00 50.2 as ✓ 12:00 53.6 ae J The Lden(Day Evening Night Sound Level)or CNEL(Community Noise 13:00 54.4 me J Equivalent Level is Me average sound level over a 24 hour period,wilt a penalty 14:00 54.3 ae J of 5 dB added for Me awning hours or 1900 to 22:00,ahs a penalty of to dB added for Me nighttime hours of 22:00 to 07:00. 15:00 54.6 ea ✓ 16:00 10.5 ba J It is very similar in naNre(ahs in results)to the Ldn,but with the added penalty for 1700 52.5 ce J the evening period, 18:00 476 ae J Our Lden or CNEL calculator takes the howdy Leq measurements and calculates 19:00 477 as ✓ the Lden(which is Me same as the CNEL). 20:00 53.4 ae ✓ 21:00 55.9 ae J 22:00 530 ae J 23:00 K 8 ae J < Nobel Applications Home-Conti News-Rental-Survey-Calibration-Resources-Search-Help Telephone 0845 680 0312 m General Purpose-Signs-Noise at Nbrk-EnAurnmeal-Accessories-Mobile SeaC- infoLIDnolsemeters.co.uk http://w .noisemeters.co.uk/apps/idn-calculator/ 2/27/2012 Basic site preparation requirements and footprints for 9928 Environmental requirements Distributed Base Station outdoor cabloet i{ Site requirements for 9928 Distributed Base Stotler trd6o[Cabinet .....................-..............................-....................................-......._...-........._........ nvironmental requirements D Environmental requirements for outdoor installations Q Outdoor cabinet installations are exposed to variations in temperature,humidity,and ventilation. The 9928 Distributed Base Station cabinet has been weather-hardened.When equipped with a heat exchanger,the cabinet will operate under the conditions described in the table below. Condition Specification Operating 40 oC to+46 oC(40 of to+115 OF) temperature Extended operating -40 OC to 50 OC(40 of to 122 OF) temperature Relative humidify 5 to 100%(non-condensing but not to exceed 0.024 kg water/kg of dry air) Enclosure rating Type 3R(NEMA) IP35(IEC 60529) Acoustic noise 65 dBA at 25 IC(77 OF)and tea Level suppression Operating altitude -60.96 to 1798 m(-200 to 5,900 ft)above sea level Extended operating -60.96 to 3048 to(-200 to 10,000 ft.).An operating temperature altitude de-rating of I oC per 1000 feet above 6000 feet is allowed Wind driven rain Refer to Telcordia GR-487-CORE Dust and water Refer to Telcordia GR487-CORE ingress Bullet resistance Refer to Telcordia GR487-CORE Wmd resistance Refer to Telcordia GR-487-CORE Storage requirements Refer to Telcordia GR-63-CORE,Section 4.1.1 0 'D ............................................................................................................................yGry........................_........................................................5 Y 9928 Dat 81S outdoor Alutebtucent-ho rle 401403-732FOA Issue 1 Draft 9 Use Wouant to applicable agreements.. greements `n September 1011 J r Y*lil�iwy- Network Systems-Product Realiza8on Center subject: Bellcore Requirement GR-487-CORE date: April 5,2000 Section 3.28 Requirement R3-157 Acoustical Noise Suppression Test Report For the Flexem outdoor version Modcell(Cellular and PCS) from: Stephen Baroczi Org.JW 112A002 NJ0452, IG3M (973)4261396 !sbmczi@lucent.com Memorandum for Record Introduction The Acoustical Noise Suppression test was performed on an outdoor version Flexem Modcell on January 24,2000 at the Noise Unlimited Inc.test laboratory located in Annandale,NJ.This test was conducted In verify compliance of the outdoor version of the Flexem Modcell to the Bellcore acoustic noise suppression requirement specified in section 3.28 R3-157 of GR487-CORE(Generic Requirements for Electronic Equipment Cabinets)see Noise Unlimited Test Report No.9065.1.Marvin Lowman of Noise Unlimited Inc.conducted the testing.G.Mikus and J.Stofanek of Lucent Technologies were present during the testing. Bellcore Requirement Description Cabinets,equipped with telecommunications equipment and associated cooling fans,shall suppress acoustical noise to a level of 65dBA at a distance of 1.5m(5ft)from the cabinet with the doors closed during times of maximum noise generation within the cabinet. Test Procedure: • Sound measurements shall be made in a room or enclosure that duplicates as much as possible the acoustic properties of a network facility and the actual service environment. • The sound level shall be measured by a sound meter meeting ANSI 1.4,and set to the A- weighting scale and the slow meter response setting. • Measurements shall be made in accordance with ANSI S1.18. • Cabinet doors shall be closed. • Sound levels produced shall be measured at 5ft from the cabinet surfaces in all horizontal directions at a height of 3ft from the cabinet mounting surface. Test Setup Lucent Technologies Proprietary-Use pursuant to Company Instructions The Flexent Modcell outdoor version enclosure was placed inside the acoustic room,a background noise measurement was taken.The Modcell outdoor version enclosure was then rendered operational.And acoustic measurements were taken around the enclosure. Test Results Based on the Flexent Modcell outdoor enclosure's size and Bellcore's outdoor thermal profile specification,the Flexent Modcell enclosure meets the Bellcore acoustic noise suppression requirement 113-157 with a measurement of 61 dBA±ldBA,located 1.5m(5ft)from the front door and lm(311)from the cabinet sides and rem surfaces.Measurements taken on the sides and rear of the Flexent Modcell outdoor enclosure indicate the acoustic noise levels to be well below the specified level of 65dBA. Respectfully, Stephen Baroczi Member of Technical Staff copy to: M.Niknam T.Browne T.Schwork D.Bloom R.Liguori P.Meng J.Stofanek G.Mikus Lucent Technologies Proprietary-Use pursuant to Company Instructions e) Environmental Standards i) Wireless services facilities shall not be located in wetland resource areas. Locating of wireless facilities in wetland buffer areas shall he avoided whenever possible and disturbance to wetland buffer areas shall be minimized.All Conservation Commission regulations and procedures must be followed. 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 full 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. iii) Stone water runoff as a result of the wireless facility shall be contained on-site and comply with the DEP Storm Water Management regulations as applicable. iv) Ground-mounted equipment for wireless service facilities shall not generate acoustic noise in excess of 50 dB at the security barrier. v) Roof-mounted or side-mounted equipment for wireless service facilities shall not generate noise in excess of 50 dB at ground level at the base of the building closest to the antenna. t) Safety Standards i) Radiofrequency Radiation(RFR)Standards.All equipment proposed for a wireless service facility shall be authorized per the FCC Guidelines for Evaluating the Environmental Effects of Radiofrequency Radiation(FCC Guidelines)or any other applicable FCC guidelines and regulations. ii) Structural Integrity.The applicant shall provide certification by a structural engineer that the wireless service facility is structurally sound for the proposed facility. 5) Application Procedures a) Special Permit Granting Authority(SPGA).The Special Permit Granting Authority(SPGA) for wireless service facilities shall be the Planning Board. b) Pre-Application Conference.Prior to the submission of an application for a Special Permit under this regulation,the applicant is strongly encouraged to meet with the SPGA at a public meeting to discuss the proposed wireless service facility in general terms and to clarify the filing requirements. c) Pre-Application Conference Filing Requirements.The purpose of the conference is to inform the SPGA as to the preliminary nature of the proposed wireless service facility. As such,no formal filings are required for the pre-application conference.However, the applicant is encouraged to prepare sufficient preliminary architectural and/or engineering drawings to inform the SPGA of the location of the proposed facility, as well as its scale and overall design. d) Application Filing Requirements.The following shall be included with an application for a Special Permit for all wireless service facilities: i) General Filing Requirements (1) Name,address and telephone number of applicant and any co-applicants as well as any agents for the applicant or co-applicants.A 24-hour emergency telephone contact number shall be included for use during construction as well as operation of the wireless communication facility. (2) Co-applicants may include the landowner of the subject property, licensed carriers and tenants for the wireless service facility (3) Every application for a wireless service facility Special Permit shall include at least one licensed carrier and the owner of the land as an applicant or a co-applicant. 99 foot-candle levels at grade,within the property to be developed and twenty-five(25) feet beyond property lines. The printout shall indicate the locations and types of luminaries proposed. vi) Noise Filing Requirements (t) The applicant shall provide a statement listing the preexistent and maximum future projected measurements of noise from the proposed wireless service facilities, measured in decibels Ldn(common logarithmic scale,accounting for greater sensitivity at night), for the following: (a) Preexistent or ambient: the measures of preexistent noise (b) Preexistent plus proposed wireless service facilities: maximum estimate of noise from the proposed wireless service facility plus the preexistent noise environment. (c) Such statement shall be certified and signed by an acoustical engineer, stating that noise measurements are accurate and meet DEP requirements and Section 8.9(4)(e). vii)Radiofrequency Radiation(RFR)Filing Requirements (1) All telecommunications facilities shall be operated only at Federal Communications Commission(FCC)designated frequencies, power levels and standards, including FCC Radio Frequency Emissions standards.The applicant shall provide certification demonstrating that the maximum allowable frequencies;power levels will not be exceeded. Certifications shall include technical specifications,a written explanation of those specifications, and, if necessary, field verification. The Permit Granting Authority may condition any Special Permit granted under this section upon a periodic submittal of certification of compliance with said standards. (2) In order to determine compliance with applicable FCC regulations,the applicant shall provide a statement listing the preexistent and maximum future projected measurements of RFR from the proposed wireless service facility, including all co- locators, for the following situations: (a) Preexistent or ambient: the measurement of preexistent RFR. (b) Preexistent plus proposed wireless service facilities: maximum estimate of RFR from the proposed wireless service facility plus the preexistent RFR environment. (c) Certification, signed by a engineer, stating that RFR measurements are accurate and meet FCC Guidelines as specified in the Radiofrequency Radiation Standards subsection of this Bylaw. (3) Applicant must submit a copy of the letter from the Massachusetts Department of Public Health approving the site for this facility as required by 105 CMR 122.000 requires that the Department of Public Health approve all sites for wireless facilities with respect to emissions. viii) Federal Environmental Filing Requirements (I) At the time of application filing,an Environmental Assessment(EA)that meets FCC requirements shall be submitted to the Town for each wireless service facility site that requires such an EA to be submitted to the FCC (2) The applicant shall list location,type and amount(including radiation trace elements) of any materials proposed for use within the wireless service facility that are considered hazardous by the federal, state or local government. ix) Waiver.The SPGA may waive one or more of the application filing requirements of this section if it finds that such information is not needed for a thorough review of a proposed personal wireless service facility. 6) Co-location a) Licensed carriers shall share wireless service facilities and sites where feasible and appropriate,thereby reducing the number of wireless service facilities that are stand-alone 102 f a c t s h e e t Noise Background N a 11 Noise is a type of air pollution that results from sounds that cause a D . e . : t ., . a t nuisance, are or could injure public health, or unreasonably interfere with ENV q o N M!N T A L the comfortable enjoyment of life, property, or the conduct of business. P g o T E C T 1 o N Types of sounds that may cause noise include: • "Loud" continuous sounds from industrial or commercial activity, demolition, or highly amplified music; • Sounds in narrow frequency ranges such as "squealing' fans or other rotary equipment; and • Intermittent or"impact" sounds such as those from pile drivers, jackhammers, slamming truck tailgates, public address systems, etc. Policy A noise source will be considered to be violating the Department's noise regulation (310 CMR 7.10) if the source: Massachusetts Department of Emnronmental Protection 1. Increases the broadband sound level by more than 10 dB(A) Ona Winter Street above ambient, or Boston,MA 0210&4796 2. Produce a "pure tone" condition—when any octave band center frequency sound pressure level exceeds the two adjacent Commonwealth of center frequency sound pressure levels by 3 decibels or more. Massachusetts all Romney,Governor These These criteria are measured both at the pe line and at the nearest inhabited residence. "Ambient" is defined as the background A-weighted Executive Office of sound level that is exceeded 90% of the time, measured during Environmental Affairs equipment operating hours. "Ambient may also be established by other Ellen Roy Flemfielder,secretary means with consent of the Department. Department of For more Information: Emmmnmental Protedion For complaints about specific noise sources, call the Board of Health for Edward P.Kunce, the municipality in which the noise source is located. Acting Commissioner To learn more about responding to noise, odor and dust complaints or to request state assistance or support, please contact the service center in Produced by the the nearest DEP regional office. Bureau of Waste Prevention February 2003. • Central Region, Worcester: (508) 792-7683 Pnntecl on recycled paper. • Northeast Region, Wilmington: (978) 661-7677 • Southeast Region, Lakeville: (508) 946-2714 This information is available in Western Region, Springfield: (413) 755-2214 alternate format by calling our ADA Coonlinator at This Policy was originally adopted by the MA Department of Public Health in the eady (617)574ae72. 1970's. it was reatfimred by DEP's Division of Air Quality Control on February 1, 1990, and has remained in effect. nolsefs•Page 1 of 1 OP ID:KB CERTIFICATE OF LIABILITY INSURANCE a3/1611t THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: N the ceNlir holder H an ADDITIONAL INSURED,the policy(es)..at be endorsed. If SUBROGATION IS WAIVED,subject W the terms and conditions of the policy,certain policbe may require an endorsement. A statement on this certificate does not confer rights to the certificate holder In lieu of such endomemen a. PRODUCER 412-261-1842 NAMTR E: Henderson Gradient,Inc. 412-261-4149 PXONE xa: 920 Ft Duquesne Blvd PIHSburgh,PA 15222 EMAIL Clem J.Wandrisco,III ADDRESS: c MER( SBACO-1 INBU AFFORpNG COVnUGE RNLI INSURED SBA Communications Corporation INSUREERA:Travelers Prop Cas of America Thomas Hunt,Esquire RRURERe:St Paul Fire&Marine Ina Co 24767 6900 NW Broken Sound Parkway INSURER c:The Travelers Indemn Co Boca Raton,FL 33487 I.D.R.D:Illinois Union Insurance Co x6URERE' N URan F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THISIS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. TYPE OF INSURANCE PCUCY NUMBER PM MMND . UNITS GENEMLUABILITY EACH OCCURRENCE E 1,000,00 A X CgA1MERCIAL GENERALLIABIIITY C2JEXGL488K477611 02115111 09118112PREMISES a E 1,00Q00 CWMSMAEE OOCCUR MEDE)P(Mymerersm) E NI X $100,000SIR PERSCNgLEAp INJURY s 1,000,00 GENERU AGGREGATE E 2,000,00 GENLAC#tEWTE LIMAPPPLIESFER'. PRCDCCTS-COMPNPAGG E 2,000,00 PCLICY LOC E ANON°BILE WBnItt WM9NE051NGLE LIMIT E I,ODO,000 A % ANYAUTo JCAP46SK476311 OL15n1 0MU12 (Seals n) EODLYINJURYIPMMvvU E ALLw.NEDAUTos ECOLYINJURY(Pxemem) E SCHE ULEDNITW PROPERTY 0.NAAGE X HREDAUI (P>asMMN) E % NONONNEDAUTOS E X $100,000 HCPD $500 COMP/001-1- a X uueRELu uAe % o¢OR EACH OCCURRENCE s 25,000,00 FlCEb6 WB CWMSMPI)E AGGREGOTE E 25,000,00 B OK03700263 03HBni Oen&12 DEDUCTIBLE E X RETEMICN S 10,000 Is WORMERS CO"P--AT - X ER A AND EMPLOYERS'LlgelLltt C ANY MiWRIETORMARTNER,EXEWTVEYO NIA RKUB468K472811 D2n5/11 03/15/12 EL EACHACLICEM E 1,000,00 D C4FICENMEM BER E%CLUDEOi (MMWMnnMNH) C2HUB466K473811 031115111 0311N12 E.L.DSFASE-EAEMPLOYE 3 1,000,00 n Yen Oevfibs.6s, [ESCfl8AON OF OPERATION6 MaY EL PSFPSE-N'-ICY LIMIT f 1,000A0 D PROFESSIONAL 00024S41SODDUI 03115111 03115112 CLAIMIAGG s,00O,D 81R 100,00 FErs PP&(WER N%L PURPOSE WHM:LES(AW[AACORD 101.AEENmW RamuM S[MEuM.ammm,Is RRM.) CERTIFICATE HOLDER CANCELLATION FYI SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE L�ORINFOMAnOMLPURPOSE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHDRUTDREPRE6... Clem J.Wanddsco,III C 1988-2009 ACORD CORPORATION. All rights reserved. ACORD 25(2009109) The ACORD name and logo are registered marks of ACORD SB_A -- 0 Colocation Compliance Statement July 22,2009 Re Site NameW North Andover/MA1085•A 60300 Chestnut Street North Andover MA 01845 To Whom It May Concem: In order to facilitate the collocation process for the above referenced site(s),SBA Properties, Inc.('Owner') hereby makes the following representations,that to the best of its knowledge: The tower is a structure built for the sole or primary purpose of supporting FCC-licensed antennas and their associated facilities. Tower construction was completed on or before March 16,2001. The above referenced tower has not been determined by the FCC to have an effect on one or more historic properties,unless such effect has been found to be not adverse through a no adverse effect finding,or if found to be adverse or potentially adverse,has been resolved,such as through a conditional no adverse effect determination,a Memorandum of Agreement,a programmatic agreement or otherwise in compliance with Section 106 and Subpart B of 36 CFR 800;or The tower is not the subject of a pending environmental review or related proceeding before the FCC involving compliance with Section 106 of the National Historic Preservation Act;or Owner has not received written or electronic notification that the FCC is in receipt of a complaint from a member of the public,a SHPO,or the Advisory Council on Historic Preservation,that the collocation has an adverse effect on one or more historic properties. Sincerely, SBA Properas,Ind. A W1111:9 By: Name: Debi Aldoroty Title, Tower Sales Asst Date: 07 122 109 SBA Properties, Inc no 5900 Broken Sound Parkway NW m Boca Raton,F1 31481-7191 ® Phone:361-995-1670 0 Fax:561-995-1616 m www.shafite.com Special Permit Renewal&new enW.n 300 Chestnut St AT&T lune 21,2011 r OaTM Town of North Andover 2011 JUL I U ; Office of the Planning Department Community Development and Services Division 1600 Osgood FOSS ' S MASSAGhI;Stli:' North Andover,Massachusetts 01845 NOTICE OF DECISION This is to oerdN that twenty(20)days have elapsed from date of decision,filed Any appeal shall be Bled VAfiout filing of as ppeal. ��/ within(20)days after the Joyce A ds7fa haw / date of filing this notice in Torn Clark 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/kla 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. Upon a motion by T. Seibert and a 2"d by R. Glover, the Planning Board hereby APPROVES the renewal and modification of a Wireless Special Permit, including the installation of additional Wireless Facilities on an existing structure by a vote of 4 in favor and 0 against On thalf of the North over Planning Board John Sim s,Chairman Timothy Seibert Courtney LaVolpicelo Rickey Glover 1 Special Permit Renewal&Mw antennas 300 CMsmut 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 1 I 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 PCS, LLC ("AT&T). This applications and additional documentation as cited herein was 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 #6,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 2 Special Permit Renewal&new antennas • 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 provided the 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 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. 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 from the 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: 3 Special Pe it Renewal&new antennas • 300 amMul St.AT&T lune 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: a) 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. 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 RFE measurements. Such measurements shall be signed and certified by an RF engineer, stating that RFE 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) RFE 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: a) A bond in the amount of five thousand dollars ($5,000) 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&new ante m 300 Chesmut St.AT&T lune 21,2011 in accordance with the approved plan. This bond shall be in the forth 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 a 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 FD14 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 plans must be delivered to the Planning Department. b) A certified copy of the recorded decision most 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&Mw antennas 300 Chestnut S(.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: a) Application Titled: 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: 1 Letter of Authorizaion from SBA Properties, dated May 4, 2011 2 Original Special Permit Decision,date May 8,2006. 3 Court Judgment,New Cingular Wireless PCS LLC, Defendants, dated October 4,2006. 4 Special Permit Renewal Decision,dated October 6,2009 5 Section 173 of the Act Relative to Economic Development Reorganization, St. 2010,c. 240 6 Cleck'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;" 7 Clock'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); 8 Building Permit,dated July 24, 2007. 6 Specie)Pennit Renewal&new antennas ' 300 Cheemut SL AT&T June 21,2011 9 As Built Plans prepared by Dewberry-Goodkind, Inc., dated September 21,2007; 10 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); 11 Table of Requested Waivers under Sections 8.3 and 8.9 of the Town of North Andover Zoning Bylaw; 12 RF 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; 7 Special Permit Renewal&new nmtennas 300 Chestnut St AT&T lune 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. c) RF Coverage Maps d) Certificate of Liability Insurance dated 6/6/2011 8 ANDERSON &KREIGERLLP 20 SUSAN M.ROBERTS zv�ankrc'w.22 Dvect phone:e: 617 617-621-6522 Direct fax: 617-621-6622 May 20,2011 BY HAND BY HAND Joyce A. Bradshaw, John Simons, Chairman Town Clerk Planning Board Town of North Andover Town of North Andover Municipal Building 1600 Osgood Street 120 Main Street North Andover,Massachusetts 01845 North Andover,Massachusetts 01845 RE: Applicant: New Cingular Wireless PCS,LLC ("AT&T") Site: 0 Chestnut Street(a/k/a 300 Chestnut Street) (Map 98C, Parcel 2);Residential 3 Zoning District("Site") Subject: Request for Modification of Wireless Service Facility under Bylaw§ 8.9(7) (All relief if and to the extent necessary,all rights reserved) Dear Mr. Simons and Ms. Bradshaw: Enclosed please find an Application Form for a Special Permit—Modification,along with a filing fee check in the amount of$200.00. AT&T is filing the same in connection with its request to modify its existing facility located at the Site referenced above. In addition to the enclosed documents,AT&T will be filing in short order a complete application letter and other supporting documentation as required under Section 8.9 of the Town of North Andover's Zoning Bylaw. We understand that by filing the enclosed on this date,this matter will be placed on for public hearing with AT&T's Application for Special Permit-Renewal on June 21, 2011. If that is not the case,please let us know. Thank you for your attention to this matter. 1A0O0°°9'I One Canal Park,Suite 200 •Cambridge MA 02141 • 617-621-6500 • Fax:617-621-6501 • Planning Board Town of North Andover May 20, 2011 Page 2 Sincerely, azz— Enclosures cc: Judith M.Tymon,AICP, Town of North Andover(by email) Taylor Whiteside(by email) Kristen Smith(by email) Cam Preble(by email) Jim Albiani(by email) Stephen D. Anderson,Esq. (by email) ANDERSON&KREIGERue po.;,wo mo- eo. PriMForm Town of North Andover Planning Board Application for Special Permit -- MODIFICATION Please type or print clearly. 1. PetitionerNew Cingular Wireless PCS,LLC('AT&T")cdo Susan M.Roberts,Esq. Petitioner's Address:Andercon&Kreiger LLP,One Canal Park Suite 200,Cambridge,MA 02141 Telephone number: 617-62"500 BBA Pmpectles,Inc. 2. Owners of the Lead: Address; 5900 Broken Sound Parkway,N W,Bora Raton,FL 33487 Number of years of ownershlp: 10+ 3. Year lot was created: Pre-existing lot 4. Description of Proposed Project:AT&T seek.modiflostbn of edur,Specht Pelma which allowed co-location of 12 antennas on an existing tower all try a ong with coaxial cables,an equipment shelter and ancillary equipment within the fenced compound. AT&TS facility has been operational since the Fall of 2007. Modification will result in the addition of 3 long tens evolution(LTE)antennas to enhance AT&Ts data service network coverage. 5. Description of Premises:Existing 5.23 acre lot with an existing telecommunications tower,with numerous antennas,enclosed and secured within a fenced compound containing ancillary equipment. 6. Address of Property Bring Affected OChaunut Ss LMOAndp ,r (La)a a300CM ut Street Zoning District: Residential Assessors: Map: 9&.0 Lot N2 Registry of Dads: Book la:06M4 Page R:0212 7. Existing Lot: Lot Area(Sq.Ft) 5.21 xma Building Bell Na Strect Frontage: gas Side Setbacks: 193•frontower Front Setback: MY from lower Rear Setback• 105'iromtowar Floor Area Ratio: Na Lot Coverage:Na S. Proposed Lot(if applicable):EQuMent Sheller Let Arm(Sq.Ft) Building Height Street Frontage: Side Setbacks: Front Setback: Rear Setback: Floor Area Ratio: Lot Coverage: 9. Required Lot(as required by Zoning Bylaw):ECWpmeN Sheller Lot Ares(Sq.Ft) Building Height Street Frontage: Side Setbacks: Front Setback: Rear Setback: Floor Arra Ratio: Lot Coverage: 10. Existing Building(if applicable):aqupowitlialw Ground Floor(Sq.Ft) k of Floofs: Total Sq.Ft. Height: Use. Type of Construction 11. Proposed Drawing: Equiaaat slao,r Ground Floor(Sq.PL) $of Floors: Total Sq.Ft Height: Use: Type of Construction 12. Has there been a previous application for a Special Permit from the Planning Board on these premises? yes [iso,when and for what type ofconstruction? Boats granted Mrs request to operate a Wireless Communication Facility at the site in 2008 and 2009.[see aneolued letter]. 13. Section of Zoning Bylaw that Special Permit 1s Befog Requested Sections 8.9 and 10.3 14. Petitioner and In nlowner signature(s): Every application for a Special Permit shall be made an this form which is the official form of the Planning Board. Every application shall be filed with the Town Clerk's office. It shall be the responsibility oftbe petitioner to furnish all supporting documentation with this application. The dated copy of this application received by the Town Clerk or Planning Office does not absolve the applicant from this responsibility. The petitioner shall be responsible for all expenses for filing and legal notification. Failure to comply with application requirements,es cited herein and in the Planning Board Rules and Regulations may result in a dismissal by the Planning B oard ofthis application as incomplete. ,t Petitioner's Signature;_ L^ Print or Type name here:Susan M. Roberts, attomey for applicant AT&T Owner's Signature: N/A Print or type time here. SBA Properties, Inc 15. Please list title of plans and documents you will be attaching to this application. An application letter and other documents required by sec.8.9 of the Bylaw will follow. ANDERSON &KREIGER LLP - 2011 new -6 :r 8: 44 Susnry M.RoaaaTs xn,I+ensfAonden,nkrn„ ne,, 1 ;Ifl Deea phone: 617421-6522 Dina fax. 61]621-6622 .- . May 6,2011 BY HAND BY HAND Joyce A. Bradshaw, John Simons, Chairman Town Clerk Planning Board Town of North Andover Town of North Andover Municipal Building 1600 Osgood Street 120 Main Street North Andover, Massachusetts 01845 North Andover,Massachusetts 01845 RE: Applicant: New Cingular Wireless PCS, LLC ("AT&T) Site: 0 Chestnut Street (a/k/a 300 Chestnut Street) (Map 98C,Parcel 2); Residential 3 Zoning District("Site") Subject: 1. Request for Renewal and Extension of Special Permit for Wireless Service Facility under Bylaw § 8.9(12) 2. Request for Waiver of Site Plan Review and related Site Plan Submittal Requirements for Proposed Modification of Special Permit for Wireless Service Facility under Bylaw§§ 8.3(2)(c), 8.3(5)(f), and 8.9(5)(d)(ix) 3. Request for Pre-Application Conference under § 8.9(5)(b) (All relief if and to the extent necessary,all rights reserved) Dear Mr. Simons and Members of the Board, and Ms. Bradshaw: Pursuant to Section 8.9(12) of the North Andover Zoning Bylaw,New Cingular Wireless PCS,LLC,by and through its manager,AT&T Mobility Corporation("AT&T'),respectfully requests the renewal and extension of the Site Plan Special Permit("Special Petmif)for its co- located wireless communication facility ("Facility")at the above Site. Additionally, as AT&T plans to file an application for modification of the existing Facility by adding three(3) long term evolution(LTE) antennas and related equipment to its existing six (6)antenna Facility,AT&T takes this opportunity to request a waiver of the Town's Site Plan Review Process and related Site Plan Submittal Requirements for the proposed modification under Sections 8,3(2)(c), 8.3(5)(f)and 8.9(5)(d)(ix),and to schedule with the Planning Board a pre-application conference concerning AT&T's waiver request for May 17, 2011. �M1151 N,6 One.Canal Park, Suite 200 • Cambridge MA 02141 -• 617-621-6500 • Fax:617-621-6501 Planning Board Town of North Andover May 6,2011 Page 2 Enclosed Documents In addition to the application filing fee of$1,000.00,enclosed are three(3)copies of the following documents: 1. Town of North Andover Planning Board Application for Special Permit Renewal; 2. Certified list of abutters; 3. Certified mailing envelopes with proper postage for mailing notices to abutters; 4. Letter of Authorization from SBA Properties, Inc. authorizing AT&T and its attorneys,Anderson&Kreiger LLP to apply for any and all necessary relief to continue to operate and maintain AT&T's existing Wireless Communication Facility at the above referenced location; 5. Planning Board Notice of Decision for the Special Permit filed with the North Andover Town Clerk on June 9, 2006; 6. Federal Court Judgment in the matter New Cineular Wireless PCS.LLC v Town of North Andover, et at., United States District Court Civil Action No. 05CV- 11841NG, granting variance relief for the facility; 7. Planning Board Notice of Decision filed with the North Andover Town Clerk on October 7,2009,renewing the 2006 Special Permit for an additional period of 3 years; 8. Section 173 of the Act Relative to Economic Development Reorganization, St. 2010, c. 240("the Economic Development Reorganization Act"); 9. Clerk's Notice in the matter Steven R Tryder v New Cineular 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;" 10. Clerk's Notice in the matter Steven R Tryder v New Cineular Wireless PCS. LLC, et al., Essex Superior Court Civil Action No. 2009-092070-D,allowing AT&T's Motion for Attorneys Fees (concerning claims"wholly insubstantial, frivolous and not advanced in good faith"within the meaning of G.L. c. 231, § 6F); 11. Copy of Building Permit for existing approved facility; (M1231N.6I ANDERSON V KREIGER up 02 „�.„ .. 2� I I ---I r- Planning Board Town of North Andover May 6, 2011 Page 3 12. As Built Plans prepared by Dewberry-Goodkind, Inc.,dated September 21,2007; 13. Site Plans for Proposed Modification of Facility, prepared by Atlantis Group, dated April 11, 2011; and SHEET TITLE REV. DATE T-1 Title Sheet 4/11/11 GN-1 General Notes 4/11/11 A-1 Plans and Details 4/11/11 A-2 Elevation 4/11/11 G-1 Grounding, One-Line Diagram & Details 4/11/11 14. Table of Requested Waivers under Sections 8.3 and 8.9 of the Town of North Andover Zoning Bylaw. 1. Snecial Permit Renewal Request The enclosed materials demonstrate that: A. By Notice of Decision filed with the North Andover Town Clerk on June 9, 2006,the Planning Board granted a Special Permit for AT&T's co-located wireless communication Facility on the existing tower at the above Site. B. Pursuant to the Special Permit, AT&T was approved for a total of twelve (12) antennas and to date, has installed six(6)antennas on the pre-existing tower located at the Site, along with an equipment shelter,coaxial cables,utilities and ancillary equipment. C. The Facility has been operational since the Fall of 2007. D. By Notice of Decision filed with the North Andover Town Clerk on October 7,2009, the Planning Board renewed the Special Permit for an additional 3 years("2009 Renewal"). E. After Steven R. Tryder appealed the 2009 Renewal in the matter Steven R. Trvder v. New Cineular Wireless PCS. LLC,et al..Essex Superior Court Civil Action No. 2009-092070-D, the legislature enacted and the Governor signed into law the Economic Development Reorganization Act of 2010(the"Acf'). l.+o�xs�aoe ANDERSON V KREIGERur Planning Board Town of North Andover May 6,2011 Page 4 F. Pursuant to § 173(6)of the Act,any"approval' in effect or existence during the tolling period shall be extended for a period of 2 years, in addition to the lawful term of the approval." The Act defined the"tolling period" § 173(a)as the period beginning August 15, 2008, and continuing through August 15, 2010. G. By Clerk's Notice dated December 15, 2010,the Essex Superior Court concluded that"it is clear that the Economic Development Reorganization Act ... extended the permit granted to AT&T in 2006 until at least May,31,201 L" Accordingly,AT&T is applying to the Board for renewal of the Special Permit for its co- located Facility at the above Site for another three years beyond May 31, 2011. The Essex Superior Court has concluded that"the Economic Development Reorganization Act ... extended the permit granted to AT&T in 2006 until at least May 31, 2011." To avoid any uncertainty as to the effect of the 2009 Renewal, AT&T respectfully requests that the Special Permit be renewed under the same criteria as the original Special Permit to and including May 31,2014. The Facility is in compliance with the annual RF emission testing,annual noise testing, and certification requirements of the Special Permit and the Town's Bylaw.' 2. Posed Modification to Existine Facility Request to Waive Site Plan Review AT&T also intends to file an application with the Planning Board to modify the Special Permit for the existing Facility(which is the subject of the current application for renewal through May 31, 2014)to add three (3)new LTE antennas(one per each of three (3) sectors)and associated equipment. The modification will enable AT&T to add a new wireless broadband technology designed to support mobile Internet access via mobile phones and handheld devices. The new technology will enable AT&T's existing and future customers to connect to the Intemet at significantly greater speeds with considerably improved navigability? The proposed modification is set forth in the Site Plans at Exhibit 13. ' An"approval"is defined in§ 173(a)of the Act as(emphasis added): "any permit,certificate,order,excluding enforcement orders, license,certification,determination, exemption,variance,waiver,building permit,or other approval or determination of rights from any municipal,regional or state governmental entity,including any agency,department,commission,or other instrumentality of the municipal,regional or state governmental entity,concerning the use or development of real property,including certificates,licenses,certifications,determinations,exemptions, variances,waivers,building permits,or other approvals or determination of rights issued or made under chapter 21,chapter 21A excepting section 16,chapter 21 D,sections 61 to 62H,inclusive,of chapter 30, chapters 30A,40,40A to 40C,inclusive,40R,41,43D,section 21 of chapter 81,chapter 91,chapter 131, chapter 131 A,chapter 143,sections 4 and 5 of chapter 249,or chapter 258,of the General Laws or chapter 665 of the acts of 1956,or any local bylaw or ordinance." See the following documents on file with the Board and incorporated herein by reference: (1)RF emissions report prepared by Donald L.Haes,Jr.,Ph.D.,CHP,dated September 28,2010;and(2)Environmental Sound Assessment prepared by Doug Sheadel,CCM,Modeling Specialties,dated October 13,2010. ' See,AT&T website 4-22-11: hgp:L/www.wireless.att.com//Ieam/why/technolou/4g-Ite.isp. IAOIR51 W 6f ANDERSON&KmGERLLv Planning Board Town of North Andover May 6,2011 Page 5 As shown on Exhibit 13,the specific modifications to be proposed to the existing, 12- antenna approved Facility are as follows: • One(1)LTE Antenna per sector(x 3 sectors) • Two (2) (remote radio units or radio receivers)per sector(x 3 sectors) • One(1)surge arrestor attached to tower leg • One GPS antenna attached to existing ice bridge support post • Raycap DCX48-60-0-RM equipment cabinet • Associated fiber trunk and DC cables in flex conduits • Additional LTE-related radio and other telecommunications equipment to be located in AT&T's existing equipment shelter at the Facility. Under the Town's Bylaw,a special permit modification ordinarily requires the Board to engage in a site plan review process under Section 8.3. However, given the limited nature of the proposed modification, AT&T respectfully requests, (i)pursuant to Section 8.3(2)(c)4 and Section 8.3(5)(1),5 that the Planning Board waive the requirement for site plan review,and(ii) pursuant to Section 8.9(5)(d)(ix),b that the Planning Board waive site plan submittal requirements of Section 8.9(5). Such requests for waivers are more specifically stated in the Table of Waiver Requests submitted as Exhibit 14 with this application. The enclosed site plans for Proposed Modification of Facility, prepared by Atlantis Group, dated April 11,2011, along with other documentation to be submitted with its application for modification, including but not limited to 4 Section 8.3(2)(c)governing"Waiver of Site Plan Review"provides as follows: i) When in the opinion of the Planning Board,the alteration or reconstruction of an existing structure or new use or change in use will not have a significant impact both within the site and in relation to adjacent properties and streets;on pedestrian and vehicular traffic;public services and infrastructure; environmental,unique and historic resources;abutting properties;and community needs,the Planning Board may determine,without a public hearing,that submission of a site plan review application is not required. ii) The applicant must request a waiver from Site Plan Review in writing and may be required to submit supporting documentation that Site Plan Review is not required.The waiver request will be discussed at a regular session of the Planning Board. 5 Section 8.3(5)(f)provides that,"If the site plan review application is for the construction of any new wireless service facility on a previously permitted facility as set fourth[sic]in Section 8.9(3)(aXII)Wireless Service Facilities Use Regulations,the information required by Section 8.9(5)must also he submitted. The[Planning Board]may grant a waiver from these submittal requirements if it finds that such information is not needed for a thorough review of a proposed personal wireless service facility." e Section 8.9(5)(d)(ix)provides that,the Planning Board"may waive one or more of the application filing requirements of this section if it finds that such information is not needed for a thorough review of a proposed personal wireless service facility." (AO1351N.6 ANDERSON ICRIIGERt,r p nmiaf o��rn�wn, Planning Board Town of North Andover May 6,2011 Page 6 photographs,a radio frequency report,and an acoustic noise letter, will provide the Board with sufficient information for a thorough review of a proposed modification to the personal wireless service Facility. The waivers from site plan review and certain wireless Bylaw submittals are appropriate under Sections 8.3(2)(c), 8.3(5(f), and 8.9(5)(ix)because: • The proposed modification"will not have a significant impact both within the site and in relation to adjacent properties and streets"as the Facility will operate and appear largely the same before and after the modification,.without any change to its noise levels or other material characteristics. • The modification will not"have a significant impact on pedestrian and vehicular traffic"because this is an unmanned Facility and the only traffic associated with the modification will occur during its brief period of installation or during infrequent routine or emergency maintenance visits. • The modification will not have a significant impact on"public services and infrastructure"because the modification will essentially have no effect on the extent to which the Facility may require public services or infrastructure(e.g. the Facility requires no public water or sewer services whatsoever). • The modification will not have a significant impact on environmental,unique and historic resources, or abutting properties because both the tower and AT&T's Facility exist, the Facility operates in accordance with federal law, and the modification will not materially alter the Facility's appearance or operating characteristics. • The modification will not have a significant negative impact on community needs. Indeed, the modification will have a positive impact on community needs by improving AT&T's advanced wireless communication services in North Andover. • The site plans (Exhibit 13)submitted with this application,along with photographs and photosimulations, radio frequency and acoustic noise letters that will be submitted with its application for modification,will establish that the items requested in the attached Table of Waiver Requests are not needed for a thorough review of the proposed modification. �A0IISIW 6� ANDERSON KREIGER,. Planning Board Town of North Andover May 6, 2011 Page 7 3. Request for Pre-Application Conference To review AT&T's request for a waiver of site plan review,AT&T requests,under Sections 8.3(2)(c)(ii), 8.3(5)(f),and 8.9(5)(b),that the Board schedule a pre-application conference at its next regularly scheduled meeting on May 17, 2011. Because of the limited nature of the proposed modification,AT&T also requests that, at the pre-application conference,the Board determine that an independent consultant is not necessary. If you have any questions or need additional information,please let us know. Thank you. Sincerely, Susan M. Roberts Enclosures cc: Judith M. Tymon, AICP, Town of North Andover(by email) Taylor Whiteside(by email) Kristen Smith(by email) Cam Preble (by email) Jim Albiani(by email) 'Section 8.9(5)(b)provides that,"Priorto the submission of an application for a Special Permit under this regulation,the applicant is strongly encouraged to meet with the SPGA at a public meeting to discuss the proposed wireless service facility in general terms and to clarify the filing requirements." ,.'o,. t ANDERSON KREIGERLI.P Prim Form LLLTown of North Andoeer Planning Board Application for Special Permit -- RENEWAL Please type or print clearly. 1. Petitioner: New Cingular Wireless PCS,LLC("AT&T")do Susan M.Roberts,Esq. Petitioner's Address:Anderson&Kreiger LLP,One Canal Park Suite 200,Cambridge,MA 02141 Telephone number: 617-621-6500 SBA Properties,Inc. 2. Owners state Lead: Address: 5900 Broken Sound Parkway,N W,Bonn Raton,FL 33487 Number of years of ownership: 70+ 3. Year lot was crashed: Pre-existing lot 4. Description of Proposed Project:AT&T seeks renewal of existing Special Permit which allowed co-location of 12 coaxial cable antennas an an existing tower Facility,along with coaxial cables,an equipment shelter and ancillary equipment within the fenced compound. AT&Ts facility has been operational since the Fall of 2007. Court decision confirms that Special Permit has been extended through at least May 31,2011. This application requests renewal for an additional 3 years. 5. Description of premises: Existing 5.23 acre lot with an existing telecommunications tower,with numerous antennas,"closed and secured within a fenced compound containing ancillary equipment. 6. Address of Property Being Affected 0 ChosOU Street,NOM Andover.MA(L3)WMIa 300 Che Mut St t Zoning District: Resdential3 Assessors: Map: 96.0 Lot#2 Registry of Deeds: Book#:05224 page#:0212 7. Existing Lot: Lot Area(Sq.Ft) 5,23 aces Building Height ma Street Frontage: yes Side Setbacks: 193'from tower Front Setback: 343'Irom tower Rear Setback: 105'from tower Floor Area Ratio: Na Lot Coverage:Na &. Proposed Lot inapplicable):Eewomsm shelter Lot Area(Sq.Ft) Building Height Street Frontage: Side Setbacks: Front Setback: Rear Setback: Floor Area Ratio: Lot Coverage: 9. Required Lot(as required by Zoning Bylaw):Egwnmem snelwr Lot Area(Sq.Fit Building Height Street Frontage: Side Setback.: Front Setback: Rear Setback: Floor Arca Ratio: Lot Coverage: 10. Existing Buiidimg(if applicable):ecuiment ShWtw Ground Floor(Sq.FL) A of Floors: Total Sq.Ft, Height: Use Type of Construction 11. Proposed Building: EGWpmnl shmw Ground Floor(Sq.FL) 9 of Floors: Total Sq.FL Height: Use: Type of Construction 12. Has there been a previous application for a Special Permit from the Planning Braid on these premises? Yes Iran,when and for what type ofconshuction? Board gmmed AT&rs request to operate a Wireless Communication Facility at Ne site in 2006 and 2009.Isee attache letter]. 13. Section of Zoning Bylaw that Special Permit 1s Being Requested Sections 8.9 and 10.3 14. Petitioscrand Landowner signature(a): Every application for a Special Permit shall be made on this form which is the official form of the Planning Board. Every application shall be filed with the Town Clerk's office. It shall be the responsibility ofthe petitioner in furnish all supporting documentation with this application. The dated copy of this application received by the Town Clerk or Planning Office does not absolve the applicant from this responsibility. The petitioner shall be responsible for all expenses for filing and legal notification. Failure to comply with application requirements,as cited herein and in the Planaing Board Rates and Regulations may result in a dismissal by the Planning B oard of this application as incomplete. Petitioner's Signature: Print or type time here:Susan M. Roberts, attorney for applicant AT&T Owner's Signature: N/A Prim or type name here: SBA Properties, Inc 15. Please list title of plans and documents you will be attaching to this application. Please see attached letter with list of documents submitted with application. Aar@arx Aecser( )S rcrg Door f I GCHmiPon ( j Z.1,r ( ) Town of North Andover Abutters Listing RE011lae'.NENT: rtnlnr.avmr4imtl fkMyee ancS�n�ssuga mai Aa Prl mwAA%m[xmtlsae'vq:l W wm auvnixf n sc�va/ax am,meaomvg 4eM x 317 2p'v hm my Yu pla-sn:f cae d e2y oh-n:9-,6,w.' Sva/m MeeeM .NAP PARCEL Non", Adofess SOX 2 SBA Towers,Inc .Chestnut Street North Andover,MA 01845 ..11,179Adre. 59M aroken Sound Parkway,NW Boca Raton,PL 33487 Abut'ers Properties - fil2_o Parcel Name Adorn _n 98A SD Gerry&N. 10 Kara Drive NOM Andover MA 01849 SBA 41 vniha Shari $2 Lisa Lane NOMAndlover MA 01845 SBA 42 Daniel LURr.an 02 Use Lane NOM Andover.MA 01895 98A 54 Joyce Reahy Trus! 32 Sandra Lane NOM Mdovlr,MA 01845 WA 55 Richard Shahaen 10 Sandra Lane NOM Andover MA DIM 98A Bl Dennis Inhite 69 Lied Lane NOMAndover MA 01895 98A 62 J.nat,an Teassore 103 Lisa Lane North Andover,MA 01895 98A 63 Vincent Trans 135 Lisa Lane NOMAndover MA DIM 98A 64 Chori Klm 130 Lisa Lane NOM Andover,Me, 01845 98A 66 homes Brennan 122 Lisa Lane NOM Andover,MA DIM 98A 67 Med Mylan 112 Use Lana NOM Andover,MA 01845 98A 75 John Hashem 178 Kara Drive NOM Ardawr MA 01845 98A 68 Jahn C2dalePe 81 Lisa Lane North Andover MA 01345 SBA 84 Alan Swann 95 Kam DMe NOM Andover.MA DIM 98A 85 John Mcnisen 67 Kam DMe North Andover MA 01045 HA SO Michael Gains 79 Kam DMe North Andover,MA 01845 98A 67 Cory Glover 67 Kara DMe NOM Andeva,,MA 01846 WA 88 Perlia Mokhajee 59 Kara Doti. Nen,Andover,MA 01845 HA Be David Alelmo 49 Kam Drwe NOM Atdcver MA 01845 NA SO Denise McManus 39 Kam DMe NOrth Andover,MA 01845 9aA 91 Thaddeus Pullano 29 Kam Drive NeM Andover MA 01845 98A 92 Rcten Gailrime 19 Kam Ekv. North Andover,MA 01845 N A 93 Mary McK nz s a Kara DMe NOM Andover MA 01845 9B-A 94 Joe!Israel 30 Kam DMa NOM Andover.MA 01845 913A 142 Penh Tree Ho.eowna. P O.Box BPA NCM Aroma%MA 01895 98A 99 D L 8 M Ensign 62 Kam Odve North A over.MA 01845 9aA 100 Dyke Mcnissey 10D Kam DMe NOM Andover.MA 01845 98A 101 ROded Sdeudone 7B Kam Omo NOM Andover.MA 01845 98A 102 Thomas O'Ccrres 44 Kan U. North Andover,MA 01845 98A 110 Preaton Ha!1 191 Kam DMe NCM Allover.MA 01845 98.A 143-1A Judith Mlnkucd 90 Rn Street North PMlover.MA 01845 98 A 143.1 B Donna Scheaing 95 Rea Street NOM Andover.MA DIMS 98.A 1432A Norman G:0 92 Rea Street Nath Ardoven.MA 01845 98.A 14348 Burrell Lowery 98 Res Street NOM Andover.MA DIMS 98 A 14338 Dianne Shaheen 100 Rea Skeet NcM Andover,MA DIM pdk x�1VA11 This certifies that the names appearing on the Faye + s rsoords of the Assessors Office as of Certified by, AWawfiOivr:er( 1 avlWiej0ect, t 1 Ccnsm-,amrt l x ) Zwu ( , Town of North Andover Abutters Listing SIR)UMEMENT: VCi 1Cn:agp.Ir eS'sa:naat'F�mntre-frau Mfitlrsi:¢nS'aprnemJe nett=.e, i�tla annf A-se fieCYmrss-ai)rt�ear fevA ray vd awn - _ fin��rri r�rae`�r,�rmanv.raaverun maRm,rmp mpg r.-er,.w'm� xg..-rna we man w a,<eru nmw m.aremar aypru.n:naxrm.� tu-q tf pp py arllwn,.pra Uv aetlPO%9H Jerzrv'mm,neb V9rM1' 9ueixe F.-ecertr NAP PARCEL Name Address Sao 2 SBA Towers,Inc O Chestnut Street North Andover,MA 01845 mailing address: 5900 Broken Sound Parkway,NW Boca RaWn,FL 33487 Abutters ProoeNes Parcal Name Address 08.0 1869 Jahn Carter 300 Chestnut Street NoM Andover,MA 01845 Sac 3 Evan M-Fonunab 440 Ctesmut Street North Andover.MA 01645 B89 38 David Breen 364 Chestnut Street North Andover,MA 01845 Sac E4 Henry Hamel 374 Cil.ul Streat North Andover,MA 01845 96.0 es Nicholas DlRico 406 Chestnut Street No"Andover,NIA 01845 sac 67 Robert Holmes 3%Ctesmut Street North Andover,MA 01845 Sac es Steven Tryder 386 Chestnut Street Ncrth Andover,MA 01845 9&C 77 Mid:aal Eberle 5 Gre.nv d East Lar. Ncnh Andover,MA 01845 Sac 79 Stacey Fudcrg 2 Blueberry Hill Lane Ncrth Andover,MA 01845 Sac 80 Richad Pirreau 395 CM.stnut Street North Andover,MA 01845 sac 81 Thcmas Sheehan 405 Chestnut Street North Andover,MA 01845 98.0 82 Robert O'Brien 415 Chestnut Street Ncrth Andover,MA 01845 98.0 83 Robef.Leonard - 425 Chestnut Street North Andover,MA 01248 sac '84 Laura Phair 435 Chestnut Steer North Ardovar,MA 01845 sac 109 Steven Sigel 352 Chestnut Street North Andover,MA 018{5 SBL 110 John Marconi 416 Chestnut Sre.t North Andlover,MA 01845 98.0 114 Geradine Lwdani 450 Chestnut Street North Andover.MA De45 sac 115 Festus Adelabu 460 Chestnut Sraset North Andovar,MA 01245 Mge2a2 This caNlFles that the names 2PPeanng on the records of the Assessors O ce as of ✓oNLu .y /� dIX] Certified by. - , Date oe ,soon:may V11 App _b I'J 2'. 511 0 at- ABUTTERS LIST REQUL,5T SO�t14,i„ n ' ;,SS1CINf4S ' r.1 ZONING BOARD OF APPEALS Community Developmem Division Please submit this farm to the North Andover Assessor's Office, 120 Main Street, North Andover,01845. The Assessor's Office u open from 8:.i0 to 4:70,their phone number is 97& 688-9566,and their fat.umber is 978.68&3211. The fee is 525.00,and the Asmsor's Office requests ten wonting days to prepare a Certified list. REQUIREMENT:VOL 40A,Section i l stairs to put"Patties in Interest as used in this chapter shall mean the peritioney abutters,owner ofland directly opposites on any public or prime shut or way,and abutters to abuoer within three hundred(3300)feet of the property lice of the petitioner as they appear nn the moss recent applicable tax lis;notwithstanding that the land crony,such owner is heated in another city or row,the planning board ofthe city or town,and the planning board of every aborting city or town." Mrp(s) Parcel(s) 98.0 0002 Pe9fion Address: No(s):300 Sheeo Chestnut Street Property Owner of Record:SBA Properties,Inc. Name of Person Recreating List:Kristen Smith Tilton Technology Management Phone No.:207.272-2288 Requester's address:202 Craney Hill Road,Weare, NH 03281 Date ofRegnest:C3 0"ri 11 16-10 Osgood West,North Andover,Mossathusetis GH43 Phone 97dd06.95e Fox 973.5H.9542 Web w-wx,iowadnrdeandoo..mm 7 A93Atl-09-009-L ,.dn-dod p q.ai njga q, auawa6�eyo / ue e6 a zasl 1] a sun ®D9L5®Aa3AV q I I n wo,-6janem m ap u0e wny�ey el a zapda9 p r 5 ralad a salpe;sa;yanbq Gerry Silva Vibha Shahi Daniel Luterman 10 Kara Drive 82 Lisa Lane 92 Lisa Lane North Andover,MA 01845 North Andover,MA 01845 North Andover,MA 01845 Joyce Realty Trust Richard Shaheen Dennis White 32 Sandra Lane 10 Sandra Lane 89 Lisa Lane North Andover,MA 01845 North Andover,MA 01845 North Andover,MA 01845 Jonathan Tessitore _ Vincent Titone Chongpak Kim 103 Lisa Lane 135 Lisa Lane 130 Lisa Lane North Andover,MA 01845 North Andover,MA 01845 North Andover,MA 01845 Thomas Brennan Mark Mylan John Hashem 122 Lisa Lane 112 Lisa Lane 176 Kara Drive North Andover,MA 01845 North Andover,MA 01845 North Andover,MA 01845 Alan Swalm John Morrison Michael Gaiss 95 Kara Drive 87 Kara Drive - 79 Kara Drive North Andover,MA 01845 North Andover,MA 01845 North Andover,MA 01845 Cory Glover Pratip Mukherjee David Alaimo 67 Kara Drive 59 Kara Drive 49 Kara Drive North Andover,MA 01845 North Andover,MA 01845 North Andover,MA 01845 Denise McManus Thaddeus Pullano Robert Gallahue 39 Kam Drive 29 Kam Drive 19 Kara Drive North Andover,MA 01845 North Andover,MA 01845 North Andover,MA 01845 Mary McKenzie Joel Israel Stephen Ricketts 9 Kara Drive 30 Kara Drive 54 Kara Drive North Andover,MA 01845 North Andover,MA 01845 North Andover,MA 01845 D L&M Ensign Dyke Morrissey Robert Sciaudone 62 Kara Drive 100 Kara Drive 78 Kara Drive North Andover,MA 01845 North Andover,MA 01845 North Andover,MA 01845 Thomas O'Connell Preston Hall Judith Minicucci 44 Kara Drive 191 Kara Drive 90 Rea Street North Andover,MA 01845 North Andover,MA 01845 North Andover,MA 01845 i i —.5pa do-dod asodxa —+aded paad I ®0915 ajejdwal®A,antl asn o ®09L5® fib ® o;au06uole puna i0 r slaget®land 6se3 � wm',(iane'.uunrv+ ap eye aanyzey alezaildaa ap�a5 � daladesalne)sauanbiy� Donna Schelling Norman Gill Burrell Lowery 96 Rea Street92 Rea Street 98 Rea Street North Andover,MA 01845 North Andover, MA 01845 North Andover,MA 01845 Dianne Shaheen Peach Tree Homeowners John Carter 100 Rea Street P.O. Box 864 300 Chestnut Street North Andover,MA 01845 North Andover,MA 01845 North Andover,MA 01845 Evan M.Fortunato David Breen Henry Hamel- 440 Chestnut Street 364 Chestnut Street 374 Chestnut Street North Andover,MA 01845 North Andover,MA 01845 North Andover,MA 01845 Nicholas DiRico Robert Holmes Steven Tryder 406 Chestnut Street 396 Chestnut Street - 386 Chestnut Street North Andover,MA 01845 North Andover,MA 01845 North Andover,MA 01845 Stacey Furlong. Richard Pineau Thomas Sheehan 2 Blueberry Hill Lane 395 Chestnut Street 405 Chestnut Street North Andover,MA 01845 North Andover,MA 01845 - North Andover,MA 01845 Robert O'Brien Robert Leonard Laura Phair 415 Chestnut Street 425 Chestnut Street 435 Chestnut Street North Andover,MA 01845 North Andover,MA 01845 _ North Andover,MA 01845 Steven Sigel John Marconi Geraldine Laudani 352 Chestnut Street 416 Chestnut Street 450 Chestnut Street North Andover,MA 01845 North Andover,MA 01845 North Andover,MA 01845 Festas Adelabu John Cadarette Michael Eberle 460 Chestnut Street 81 Lisa Lane - 5 Greenwood East Lane North Andover,MA 01845 North Andover,MA 01845 North Andover,MA 01845 n waa6p3 do-dod asodza . jaded paaf ®0919 a1eldwai gkantl asp ®0915 pp A`iJ�RIY 1\�//1 M aull auole puae y slagel®Ia9d R5e3 5900 Broken Sauna Parkway NW Boca Baton,FL 33467-2797 S [ BA ® r+561.995.7670 F+561.995.7628 LETPER OF AUTHORIZATION Date:Mayq,2011 SBA Site D):MAo1o85-A-r3/North Andover Property Located at:300 Chestnut Street,North Andover,MA 01845 THE CITY/COUNTY OF: NORTH ANDOVER/ESSEX APPLICATION FOR ZONING/USE/BUILDING PERMIT To Whom It May Concern: This letter authorizes AT&T and its authorized agents to file for all necessary zoning,planning and building permits(local,state and federal)for the purposes of installing,operating and maintaining a telecommunications facility at the site/properly referenced above on behalf of SBA Properties,Inc. All approval conditions that may be granted to AT&T in connection with this facility relating to this specific application are the sole responsibility ofAT&T. Thank you, SBA Properties,Inc. By: Name: Jason Silberstein Its: Sr VP Property Management Date: oz / oa / 2011 Sworn and subscribed this�f hb day of 12011 N PUBLIC ■;•�+ � ;i. '+. ,..Ar µ°PT o �y RECEIVED m�.hwrenry matnse,ay no)aays oma- °�, TDR,`Y C!.GP.YSOFFICE nate e4,paeo rtom uaiedoxvam, UM&,"F2., 2996 JUH-9 Ptd 4: 27 NORTH ANCOVER PLANNING DEPARTMENT HASSACHIJ5rTTS Community Development Division NOTICE OF DECLMON Any appeal shall be fled within(20)days after the date of filing this notice in the office of the Town Clerk Date: Mays,2006 Date of Aearmg(s):May 16 and May 30,2006 Dateofflecimon: May31,2006 Petition of New C-10lar Wireless PCS,LLC. 580 Maio Street Holton,MA 07140 Pres Affected: 0 Channel Street,Assessors Map 98C,Pared 2 Residents!3 Zoning District Referring in the above petro-with provisions from Section 8.9 ofthe Noah A.&.Zoning Bylaw for a Site Plan Special Permit for the io daMtim of twelve(12)coaxial cable antemas m an rusting wireless service facilityhower and an 11'x 26'aplpmrot shelter for ancillary equipment PrWrtyis located Wabm the Residential 3(R3)inning district Ara public hearing g ven on the above date,the Pb®iug Board voted to APPROVE a Site Plan Special Permit with a manimous vote 0f5-0 based m the following cord lima ce: Applicant S � b!mer Eo Richard Nardena,(hair Abutters John S®ma,Vice Chair Town Depactmems Rlfhmd Rower,acting Clerk Alberto Angles Jack Greg ATTEST: A True Copy 0.W.A , Town Clerk New Cinplar Wirdev PCS,LLC 0 Cbesmat Strep,Map 99C,Pared 2 She Plan Special Permit a'he Planning Board herein approves the Special Permit to install twelve(12)coaxial cable means on an existing 152'tower and an I F x 26'equipment shelter for tnu within the existing fenced area The affected property ancillary equipment Parcel 2 within the Residential 3 Zoning District. Thus Special Permitwa requested byNeepp'98C, Cinglar Wireless PCS,LLC.,580 Main Street,Bolton,MA 07140. This application and additional documentation as cited herein was filed with the Planning Board on March 10,2006 with subsequent submittals on file. The Planning Board makes the following findings as required by the North Andover Zoning Bylaw Section 8.9: FINDINGS OF FACT: L The specific site is an appropriate location for the project wit is being co-bated on an existing wireless location. 2. The use as developed will not adversely affect the neighborhood as indicated by the analysis conducted by Arvin Sebastian,Radio Frequency Specialist,Cinlad"Wheless and Mark F. Hutchins,Radio Frequency Engineer, Outside Consultant for the Town of North Andover. 3. The carrier has demonstrated that the facility is necessity in order to provide adequate service to the public. 4. The plan meets the requirements of the Wheless Service Facilities By-law section 8.9. The granting of the Site Plan Special permit is subject to the granting of the Variance from the Zoning Board of Appeals from Section 8,Paragraph 8.9(3xcxv),minimum requirements of the distance to the lot lines in order to install additional antennas on the existing antenna tower. 5. Adequate and appropriate facilities will be provided for the proper operation of the proposed use. The visual impacts of the project will be diminutive and represents a marginal addition to the existing wireless service facility. 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 CONDMONS: 1)Discontinuance Abandonment a) At such time that a licensed carrier plans to abandon or discontinue operation of wireless service equipment, such carver will notify the Town by certified US mail of the proposed date of abandonment or discontimration of operations. Such notice sball be given no less 2 New Cinwlar Wirerets PCS,LLC 0 Chesmat Street,Map 99C,Pareel 2 Site Plan Special Permit than 30 days prior to abandonment or diiiWaimlation of operations. In the event that a licensed carrier fails to give such notice,the wireless service equipment shall be considered abandoned upon discontimlation of operations. b) Upon abandonment or discontinuation of use, the carrier sball physically remove the wireless service equipment placed on the site by the carrier within 90 days from the date of abandonment or dis mitimlation of use. `Thysically remove" shall include, but not be Hafted to! i) Removal of amenmas, 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 from the site in accordance with local and state solid waste disposal regulations. c) As a condition of any special permit for the placement, construction or modification of wireless service equipment at the site,the carrier shall place into escrow a sum of money to cover the costs of removing the facility from the subject property. Said amount shalt be certified by an engineer, architect or other qualified professional registered to practice in the Commonwealth of Massachusetts. Said funds shall be held by an independent escrow agent to be appointed by the carom and the SPGA. The carrier shall authorize and, as necessary, shall obtain the authorization of the owner of the property to allow the escrow agent to enter upon the subject property to remove the ficSny when the facility has boon abandoned or discontinued. In the event the posted amount does not cover the cost of demolition and/or removal the Town may place a lien upon the property coveting the difference in cost. d) The equipment shall be deemed to be abandoned or discontinued if it has not been used for the purpose for which h was originally comtructed for a period of sla(6)months or more. Once abandonment or discontinuance has occurred,the carrier shall remove the equipment Placed by the carrier from the subject property within ninety days. In the event that the carrier fails to remove the equipment, the town sball give notice to the carrier and the independent escrow agent that the equipment shall be removed by the escrow agent forthwith and the escrow agent, after affording written notice seven days in advance to the carrier, shall remove the facility. 2) Term of Special Permit. a) A Special Permit issued for any wireless service facility shall be valid for three(3)years. 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 dale of the original or any renewed special panntt. Additional measures governing the administration of the special permit are found in Section 10.3 of the Zoning Bylaw. 3 ✓ New Ciag t"WIMM PCS,LLC 0 Chesmat street Map 98C,Pared 1 Site Plan special Permit b) After the equipment on the facility is in operation, the applicant shall submit to the SPGA, within 90 days of beginning operations and at annual intervals from the date of issu . ance of mit, the Special Perpreexistent and current RFR men suremcotsSuch measurements shall be signed and certified by an RF engineer, stating that RFR measurements are accurate and are in compliance or why the measurements fad to comply with alt applicable FCC Guidelines as specified in Section 8.9(4)(c)(1) RFR Film The measurements shall be submitted for the equipment proposed onthisthis (facility.ents of this ByThis condition shall be in effect until such time as an additional carrier proposes equipment on this facility. At that time,this obligation will fall upon the proponent of the additional equipment so sa to obtain a better measure of the cumulative effect of the facility. c) The applicant and co-applicam or thew successor in interest shall maintain the wireless service equipment in good condition. Such maintenance shall include but shall not be limited to,painting structural integrity ofthe equipment. 3. Prior to the endorsement of the plans by the Planning Board,the applicant must comply with the following conditions: a) The applicant shall provide a map indicating the intended locations for testing as required above. b) A bond in the amount of$1,000 shall be posted for the purpose of insuring that a final a&. 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 escrow account. 4. 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. S. Prionm FORM U verification(Building Permit Issuance): a) The final site plan mylars must be endorsed and three(3)copies of the signed plans must be delivered to the Planning Department. b)A certified copy of the recorded decision must be submitted to the Planning Department. c) The granting of the Site Plan Special Permit is subject to the granting,ofthe Variance from the Zoning Board of Appeals from Section 8,Paragraph 8.9(3)(cxv),minimum requirements of the distance to the lot lines in order to install additional antennas on the 4 New Cingalar Wireksv PCS,LLC o C6emmt Sheet,Map 98C,Puce]E Sire Plan Special Permit existing antenna tower. A Copy of the decision granting said Variance must be submitted to the Planning Department. 6. Prior to verification of the Certificate of Use and Occupancy: a) The applicant must submit a letter from the architect or engineer of the project stating that the construction and operations substantially comply with the plans referenced at the end of this decision as endorsed by the Phoning Board. - b) Ali lighting(if applicable)placed by the carrier on the subject property shall have underground wiring and shall be so arranged that all direct rays from such lighting falls entirely within the site and shall be shielded or recessed So as not to shine upon abutting. Properties or streets. The Planning Office must approve any changes to the approved fighting plan as submitted by the applicant. 7. Prior to the final release of security: a) A final as-buih plan showing final contruction and location of the wireless hardware shall be submitted to and reviewed by the Planning Staff. 8. Any stockpiling ofmaterials(dirt,wood, construction material,etc.)must be shown on a plan and reviewed and approved by the Planning Staff. Any approved piles must remain Covered at all times to minimize any dust problems that may occur with adjacent properties. Any stockpiles to remain for longer than one week must be fenced off and covered. 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. 10.No equipment or other equipment that will emanate noise-exceeding levels cited herein shall be placed on the exterior ofthe structure. Such equipment shall be enclosed as shown on the plan. 11. All site lighting shell provide security for the site and structures however it must not create any glare or project any fight onto adjacent residential properties. 12.The contractor shall Contact Dig Safe at least 72 hours prior to commencing any excavation. 13.The provision 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 i New Cingwar wireless PCS,LLC o Chestnut Stmt,Map 98C,Pared 2 Site Plan Special Permit 14.Any action by a Town Board, Commission,or Department that requires cbangm in the plan or design of the building as presented to the Planning Board,may be subject to modification by the Planning Board. 15.Any revisions shall be submitted to the Town Pinmer for review. If these revisions are deemed Substantial,the applicant must submit revised plans to the Planning Board for approval. 16. This Special Permit approval shall be deemed to have lapsed after two years from the date permit granted unless substantial use or concoction has commenced. Substantial use or construction will be determined by a majority vote of the Planning Board. 17.The following waivers were granted in determining this decision: a) 8.9.5.d:ii.4 — Waiver to provide a map of all wireless communications facilities in and within 1 mile of North Andover. b) 8.9.54iu.3-Waiver requiring the depiction of tree cover. c) 8.9.5.d.iii.4 — Waiver requiring the depiction of all buildings on properties adjacent to subject property. d) 8.9.5.d.iii.8 — Waiver to provide distance, grade from the proposed wireless communication facility to each building on the vicinity plan. e) 8.9.5.d.iii.9 — Waiver to provide contours at 2 feet AMSL for the subject property and adjacent properties within 300 feet. 8.9.5.d.iii.12 — Waiver to provide lines representing the sight line showing the viewpoint and visible point from"Sight Lines"subsection. g) 8.9.5.d.iv—Waiver to provide sight lines and photographs. h) 8.9.5.d.v.3—Waiver to provide"color board". i) 8.9.5.d.v.6—Waiver to provide landscape plan. j) 8.9.5.d.v.7 - Waiver to schedule a balloon test with the Planning Board at the proposed site. k) 8.9.5.d.v.8—Waiver to provide FAA lighting printout. 1) 8.9.5.d.vi-Waiver to provide noise-filing requirements. m) 8.9.5.d.viu.2—Waiver to provide hazardous waste identification filing requirement. 18. The following information shall be deemed part ofthe decision: ` Plan titled: Cingular Wireless Site Name:North Andover—SBA COLO Site No.:HOS-020(855) Prepared for: Cingular Wuelem PCS,LLC. 580 Main Street Bolton,MA 07140 Prepared by: Clough Harbour&Associates LLP 313 Littleton Road,Suite 15 6 New Ciagalar wirden PCS,LLC V 0 Chestnut Street,Map 98C,Pared 2 Site Plan Special Permit CA1 2R-3364 Dated: I lf2NO4,Revised 17!23/04 Streets: T01,COI,COI A,COI C,CO2-CO5,E01-E6 Report: Application for Site Plan Special Permit by Cingular Wireless PCS, LLC.,March 10,2006 Prepared for: Cingtdar Wireless PCS,LLC. Prepared by Anderson&Kreiger LLP 43 Thomdtke Street Cambridge,MA 02131-1764 M. Applicant Engineer DPW Building Department 7 BK 10430 PG 110 -Case 1:05-cv-11841-NG Document 17 Filed 09/2WO06 Page 1 of 2 UNITED STATES DISTRICT COURT .... DISTRICT OF MASSACHUSETTS C"Action No.05CV 11841 NG NEW CINGULAR WIRELESS PCS LLC, ) Plaintiff, ) v. ) I TOWN OF NORTH ANDOVER,MASSACHUSETTS, ) forego pyg rtl!v otnen1t0b�trueanMttw cones copy athe. BOARD OF APPEALS of the TOWN OF NORTH )O electronic docket In Me eeptlmred ease ANDOVER,ELLEN McINTYRE,RICHARD J.BYERS, ) 0woriohotdenly filed original 01o5(pnT_ ALBERT P.MANZI III,JOSEPH D.LaGRASSE, ) otlpinal taed in my of Thornton op' DAVID R.WEBSTER,DANIEL S.BRAESE, ) Clerk,U.Sarah A. Dfe e Court THOMAS D.IPPOLITO,RICHARD M. ) Istria o m atm VAJLLANCOURT,m they are members and associate ) By: Members of the Board of Appeals,and PLANNING ) Deputy 7rk BOARD OF NORTH ANDOVM and Richard Nardella, ) John Simons,Richard Rower,Alberto Angles,and Jack ) Grace,as they are members and associate member of the North Andover Planning Board, ) Deed Reference `5 Defendant ) Book: 5224;Paa?j�tn y JUDGMENT -r•,:.. r This am having conte before the Court on the parties'Final Agreement for Judgment _'11Z rn ("Agreemettt for Judgment"),it is hereby ordered,adjudged and declared as follows: 4y —'o N N 1. Coants Determined On Courts I and B of the Supplemental Amended Complaint,the Board of Appeals' Decision shall be and hereby is(a)revered to the area it denied the requested variance as v w petitioned for Cingular's proposed Facility,(b)amended and modified to giant the variance fm w the proposed Facility,subject to the following conditions,which my be modified only pursuant w to properly noticed Town zoning proceedings: 1. The facility moat be installed upon the lattice rower at the Site,substantially as shown on,the plans submitted to the Said of Appeals and cited in the Agreement for Judgment and any necessary construction drawings to implement the same; provided however that the plans may be modified to conform to requirements Imposed by applicable law or by other Boards or Officials of the Town of North Andover. SPS 104,30 Pi 1 i 1 Case 1:05-cv-11841-NG Document 17 Filed 09/25/2006 Page 2 of 2 2. The existing height of the lattice tower structure shall not be increased by virtue of this installation(except that nothing in this Judgment shall pn:clude the Board of Appeals from approving a Wlcr height upon application duly submitted under the Town's zoning ordinance;and this Judgment imposes no obligation to approve such an application). 3. Cingular or its contractor must paint or otherwise cause,and maintain,its antennas to be a non-reflective silver color to reasonably match the color of the existing tower. 4. Cingular must obtain a building permit prior to installing the additional antennas. z other counts Pursuant to the parties' stipulation,Counts III,IV,V,VI,VII and VIII of the Supplemental Amended Complaint are dismissed without prejudice and without costs. Nothing in the Special Permit for the Site shall operate to impair or defeat any right claimed in Count III-VIII,inclusive, including but not limited to the challenge to Special permit condition 2(b)relating to RFR measurements;and condition 2(b)in the Special Permit shall be subject to challenge in the event a dispute arises over the validity or enforceability of said condition on grounds set forth in Counts 111-VIII. In any event,the parties may not challenge,and shall be bound by,the terms of this Judgment 3. General Provision Thee is no just cause for delay in the immediate envy of this Judgment and the immediate issuance of said variance by this Judgment alone,and with no other actions,meetings,hearings or decisions being necessary.However,nothing in this Judgment shall obviate the need for a building permit.No work on the Site shall begin prior to the issuance of a building it Each party shall bear its own costs,fees and expenses. By the Court: Nancy Gertner, tri oart Judge 9la5-1oG 2 Date: /O /00/ Dear. �''L 5� Asyduukkjnow,the Planning Board issued a decision for the following permit: Name ofApplicant Location of Premises vi8S wssrrrarisrassawsrirssristsrtatttsii!»aaesrrattirttsatrpilsgtiaasa Your 20-day appeal period will have passed at midnieht on the following thtte: - - riNHH!lgaiiigtii 1. Once the appeal period has passed,please pick up your Town Clerk-ca£fied copy of the Planning Board's decision from the Town Clark's office located at 120 Main Street,North Andover,MA 01845(phone:97&658-9501) 2. Please make a paper copy of the Planning Board signed Mylar. 3. Please bring the Town Clerk-certified copy of the decision&the signed Mylar(if required to be recorded)to the North iF:ssea Registry of Deeds,354.. Merr®ack Street,3td Boor,entrance C,Lawrence,MA 01843(phone: 978-683-2745),as the decision and Mylar most be Med at the Registry of Deeds as soon as possible. 4. Once this is completed please bring:a)copy of the cm*� decision:b)three (3)paper copies of the sighed Mylar plans: e)the Remsuv of Deeds recut to the Planning Department which is located at Tom of North Andover. 1600 - Osaood Street Bldg.20. Suite 2-36.North Andover.MA 01845. Fahm:to file the decision and Mylar with the Registry of Deeds will result in your inability to exercise your special permit and/or definitive subdivision approval and your inability to obtain a building permit with the Building Department. A Specialliermitgranted under rhe proviuom cpmahuxl her®shall be aimed m have lapsed after a two(2)year period horn the date on which the Special Permit was panted unless substantial use or oonstmaion has commenced and an extension has been granted by .the PLmning Ecmrd. If you Monday eoug Frida ,8pleasefeel free to Call(978-68&953 5)or far(978Lag-9542), Monday through Friday,8:30 AM in 4:30 PM 201]ayAppeall ewer RECEIVED Town of North Andover TOWN CLERK'$ OFFICE = Office of the Planning Department 2009 OCT-7 PM 3:52 Community Development and Services Division �''+_°;;"•„ic`'• 1600 Osgood Street TOWNOF North Andover,MassachusettsO1W MASSACHUSETTS NOTICE OF DECISION Any appeal shag be filed - - within(20)days after the date offilingthis notice in the office of the Town Clerk Date: October 6,2009 Date of Hearings:September 15,2009, Octobw 6,2009 - - Date of Decision: October 6,2009 . Application of: New Cingular Wireless PCS,.LLC("AT&T") _ Premises Affected: 0 Chestnut St-(alkla 300 Chestnut St) Map 98C,Parcell Referring to the above petition for a renewal of a Wireless Special Permit from the requirements ofthe North Andover Zoning Bylaw,Sections 99 Wireless Service Facilities and Section 2.65 Special Permit Granting Authority; So as to allow the renewal of a Special Permit to continue operation of 12 coaxial cable antennas on an" stingwhaims service tower located at 0 Chestnut St.(a/k/a 300 Chestnut St)and an 12 R by 20 R equipment shelter for ancillary equipment The Special Permit was originally granted by the North Andover Planning Board on May 31,2006 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 according to a Building permit issued by the Town of North Andover Building Inspector on July 24,2007. Upon a motion by Michael Walsh and a 2°a by Tim Seibert,the Planning Board hereby APPROVES the renewal of a Wireless Special Permit for an installation of a Wireless Facility on an exdsti ag structure:by a vote of 6 m' fay or and 0-against. On be 1/• ofthe North Avoyer Planning Board „ John Simons,Chairman Richard Rowen Timothy Seibert Michael Walsh Ccurtneyl,avolpicelo - Michael Colantcal - t The. Planning Board herein approves the renewal of the Special Permit to continue operation of the Wireless Facility, which consists of 12 coaxial cable antennas on an e:dsdng wireless service tower located at 0 Chestnut St (a/k/a 300 Chestnut St)and an I l ft by 26 ft equipment shelter for ancillary equipment The renewal of the Special Permit was requested by Stephen Anderson, Esq., Agent for New Cingular Wireless PCS, LLC ("AT&T'). This application and additional documentation as cited herein was Bled with the Planning Board on August 3,2009,with subsequent submittals on file. The applicant submitted a complete application which was noticed and reviewed in accordance with Sections 83, 8.9, 10.3, and 10.3.1 of the Towa of North Andover Zoning Bylaw and MGL cAOA,Sec.9. The Planning Board finds that the applicant,bas met the following requirements as - required by the North Andover Zoning Bylaw Section 8.9: FINDINGS OF FACT: 1. 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(IvTE)limits,as indicated by the subrmttals and reports provided by the applicant,authored by Donald L.Haes,PhD. The reports are dated September 16, 2008 and September 7, 2009,, with addendums dated September 25,2009 and September 26,2009. The conclusion stated in the reports is that the applicant's Wheless Facility installation contributes a maximum RF exposure of less them onatenth of one percent of the cement 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 applicant had also demonstrated that the site is in compliance with the Noise Standards as set forth in section 8.9.8(b). 3. The Planning Board received input and answered questions from residents, However, the Planning Board believes that the applicant has demonstrated compliance with the Town of North Andover Zoning Bylaw requirements for this application. Finally the Planning Board Ends 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 Billy in compliance. The Planning Board hereby grams an approval to the applicamptovided the following conditions are met: SPECUL CONDTFIONS: 1) Discontinuance Abandonment 2 a) At such time that a licensed carrier plans to abandon or discontinue operation of wireless service equipment,such carrier will notify the Towa by certified US mail of the proposed date of abandonment or discontinvation 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 sball physically remove the wireless service equipment placed on the site by the carrier within 90 days from the date of abandonment or discontinuation of ma, "Physically remove" shall include,but not be limited to: - - t) 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. - - H) Proper disposal of the waste materials generated.by the carrier from the 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 say 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. a) A Special Permit issued for this moveless service facility shall be valid for three (3)years from the date of the decision for the Special Permit renewal.The speciar 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 ornay 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 stall 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(5xd)(vH) RPR Filing Requirements of this Bylaw. The measurements shall be submitted for both the applicant and all co-locators.If the 3 applicant fails to comply with this requirement, the Special Permit will be revoked,until such timethat the insta t'on's 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 certi5ed and signed by anacoustical engineer,stating that noise measurements are accurate and meet the Noise Standards sub-Section 89.(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 sachreview. . d) The applicant and co-applicam 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 stnmrm l integrity of the antennas, 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: a) Application titled: Application for Special Permit Renewat. New Cingular Wireless PCs,LLC C`AT&T") clo Stephen Anderson Anderson&Kreiger One Canal Park Suite 200 - Cambridge,MA 02141 Prepared for. New Cmgular Wireless PCS,LLC C`AT&T) b) .Documentation Submitted: 1 Original Special Permit Decision,date May 8,2006. 2 Court Judgment,New Cingula Wireless PCS LLC,Defendants,dated October 4, 2006. 3 Certificate OfAmendmem of a Foreign Liability Company. 4 4 Building Permit,dated July 24,2007. - 5 Original Site Plan,titled,"North Andover-SBA COLO,Site No:130S-020(855)". 6 RF Emissinn3 Report prepared by Donald L.Haw,dated September.16,2008 and September 7,2009. 7 Addendum to RF Emission Reports,prepmdbyDonald L.Haes,dated. - September 26,2009 and September 25,2009. - 8 Engineer Final Affidavit,prepared by Bradford Mills.P$,dated October 1, 2009. c_ o p i;v ash r ;co moo � N� W Tv N m 5 Senate, No. 2582 [Senate,Friday,July 30, 2010—Report(in part)of the committee of conference on the disagreeing votes of the two branches, with reference to the House amendments to the Senate Bill relative to economic development reorganization(Senate,No.2380)(amended by the House by striking out all after the enacting clause and inserting in place thereof the text of House document numbered 4863)] Zhe QCommolltneaftfj of Mallarbusettfs IN THE YEAR OF TWO THOUSAND AND TEN AN ACT RELATIVE TO ECONOMIC DEVELOPMENT REORGANIZATION. Wherem,The deferred operation of this set would tend to defeat its purpose,which is to provide forthwith a business- friendly environment that will stimulatejob growth and improve the ease with which businesses can operate in the markets they serve,and to coordinate economic development activities funded"a commonwealth,therefore it is hereby declared to be an emagency law,necessary for the immediate preservation of the public convenience. Ire It enacted by the Senate dH..ofReprermhust a in Quwad Court arrembre4 And by theawhMty afthe some,mfollow: I SECTION 1. To provide for a program of infrastructure development and improvemetas,the 2 sums set forth in section 2B for the several purposes and subject to the conditions specified in this act, 3 are hereby made available,subject to the laws regulating the disbursement of public funds and approval 4 thereof. 2721 thereon issued under this section shall,notwithstanding any other provisions of this act,be general 2722 obligations of the commonwealth. 2723 - SECTION 173.Notwithstanding any general or special law to the contrary,certain regulatory 2724 approvals are hereby extended as provided in this section. 2725 (a)For purposes of this section,the following words shall,unless the context clearly requires 2726 otherwise,have the following meanings: 2727 "Approval"except as otherwise provided in subsection(b),any permit,certificate,order, 2728 excluding enforcement orders,license,certification,determination,exemption,variance,waiver,. 2729 building permit,or other approval or determination of rights from any municipal,regional or state 2730 governmental entity,including any agency,department,commission,or other instrumentality of the 2731 municipal,regional or state governmental entity, concerning the use or development of real property, 2732 including certificates,licenses,certifications,determinations,exemptions,variances,waivers,building 2733 _ permits,or other approvals or determination of rights issued or made under chapter 21,chapter 21A 2734 excepting section 16,chapter 21 D,sections 61 to 62K inclusive,of chapter 30,chapters 30A,40,40A to 2735 40C,inclusive,40R,41,43D,section 21 of chapter 81,chapter 91,chapter 131,chapter 131A,chapter 2736 143,sections 4 and 5 of chapter 249,or chapter 258,of the General laws or chapter 665 of the acts of 2737 1956,er any local by-law or ordinance. 2738 "Development",division of a parcel of land into 2 or more parcels,the construction, 2739 reconstruction,conversion,structural alteration,relocation or enlargement of a building or other 2740 structure or facility,or any grading,soil removal or relocation,excavation or landfill or any use or 2741 change in the use of any building or other structure or lard or extension of the use of[and. 2742 "Tolling period',the period beginning August 15,2008,and continuing through August 15, 2743 2010. 2744 (b)(1)Notwithstanding any general or special law to the contrary,an approval in effect or 2745 existence timing the toWng period shall be extended for a period of 2 years,in addition in the lawful 2746 term of the approval 2747 (2)Nothing in this section shall be deemed to extend m purport to extend: 2748 (i)a permit or approval issued by the government of the United States or an agency or 2749 instrumentality of the government of the United States or to a permit or approval,of which time 2750 duration of effect or the date or terms of its expiration are specified or determined by or under 2751 law or regulation of the federal government or any of its agencies or instrumentalities; 2752 (ii)a comprehensive permit issued by a board of appeals under sections 20 to 23, 2753 inclusive,of chapter 40B of the General Laws;or; 2754 (iii)a permit,license,privilege or approval issued by the division of fisheries and 2755 wildlife under chapter 131 for hunting,fishing or aquaculture. 2756 - (3)Nothing in this section shall affect the ability of a municipal,regional or state governmental 2757 entity,including an agency,department,commission or other imstrumenality of a municipal,regional or 2758 state governmental entity to revoke or modify a specific permit or approval or extension of specific 2759 permit or approval under this section,when that specific permit or approval m the law or regulation 2760 under which the permit or approval was issued contains language authorizing the modification or 2761 revocation of the permit or approval. 2762 (4)In the event that an approval tolled under this section is based upon the connection to a 2763 sanitary sewer system,the approval's extension shall be contingent upon the availability of sufficient 2764 capacity,on the part of the treatment facility,to accommodate the development whose approval has been 2765 wended If sufficient capacity is not available,those permit holders whose approvals have been 2766 Warded shall have priority with regard to the further allocadon of gallonage over those approval 2767 holders who have not received approval of a hookup prior to the effective date of this section.priority 2768 regarding the distribution of further gallonage to a permit holder who has received the extension of an 2769 approval under this section shall be allocated in order of the granting of the original approval of the 2770 connection 2771 (5)In the case when an owner or petitioner sells or otherwise transfers a property or project,in 2772 order for an approval to receive an extension,all commitments made by the original owner or petitioner 2773 under the terms of the permit must be upheld by the new owner or petitioner.If the new owner or 2774 petitioner does not meet or abide by those commitments then the approval shall ort be Wended under 2775 this section 2776 (6)Nothing in this section shall be construed or implemented in such away as to modify a 2777 requirement of law that is necessary to retain federal delegation to,or assumption by,the commonwealth 2778 of the authority to implement a federal law or program. 2779 SECTION 174.Notwithstanding any general or special haw to the contrary,for the days of 2780 August 14,2010 and August 15,2010,an excise shall not be imposed upon nonbusiness sales at retail of 2781 tangible personal property,as defined in section 1 of chapter 64H of the General Laws. For the purposes 2782 of this act,tangible personal property shall not include telecommunications,tobacco products subject to 2783 the excise imposed by chapter 64C of the General Taws,gas,steam,electricity,motor vehicles, 2784 motorboats,meals or a single item the price of which is in excess of$2,500, 2785 SECTION 175.Notwithstanding any general or special law to the contrary,for the days of 2786 August 14,2010 and August 15,2010,a vendor shall not add to the sales price or collect from a 2787 nonbusiness purchaser an excise upon sales at retail of tangible personal property,as defined in section 1 2788 of chapter 64H of the General Laws. The commissioner of revenue shall not require a vendor to collect 2789 and pay excise upon sales at retail of tangible personal property purchased on Augast 14,2010 and 2790 August 15,2010. An excise erroneously or improperly collected during the days of August 14,2010 and 2791 August 15,2010,shall be remitted to the department of revenue.This section shall not apply to the sale 2792 of telecommunications,tobacco products subject to the excise imposed by chapter 64C of the General Commonwealth of Massachusetts County of Essex The Superior Court Civil Docket ESCV2009-02070 RE: Tryder v New Cingular Wireless PCS LLC AT&T at al TO: Jennifer K. Rushlow, Esquire Anderson & Kreiger LLP One Canal Park Suite 200 Cambridge, MA 02141 CLERK'S NOTICE This is to notify you that In the above referenced case the Court's action on 12114/2010: RE: Defendant New Cingu7ar wire7ess PCS LLC AT&T's MOTION for Judgment on pleadings (Ru7e 12) is as follows: Motion (P#5) ALLOWED. It Is clear that the Economic Development Reorganization Act St. 2010, C. 240 s.73 extended the permit granted to AT &T in 2006 until at least May 31, 2011. (Thomas R. Murtagh, Justice) Notices mailed 12/15/2010 Dated at Lawrence, Massachusetts this 15th day of December, 2010. Thomas H. Driscoll Jr., Clerk of the Courts BY: Philip Massa Assistant Clerk Telephone: (978)687-7463 Copies mailed 12/15/2010 Disabled Individuals who need handicap accommodations should contact the Administrative Office of the Superior Court at(617)788.8130 --ow—ult 2.wa 994"9 y=am.e.=mm•e Commonwealth of Massachusetts County of Essex The Superior Court Civil Docket ESCV2009•02070 RE: Tryder v New Cingular Wireless PCS LLC AT&T at al TO: Jennifer K. Rushlow, Esquire Anderson & Kreiger LLP One Canal Park Suite 200 Cambridge, MA 02141 CLERK'S NOTICE This is to notify you that in the above referenced case the Court's action On 03/08/2011: RE: Defendant New fingu7ar Wire7ess PCS LLC's MOTION for attorneys fees Is as follows: Motion (P#10)ALLOWED without opposition.Affidavit of fees to be submitted by 3/21/11 (Garry V. Inge, Justice) Notices mailed 3/8/2011 Dated at Lawrence, Massachusetts this 8th day of March, 2011. Thomas H. Driscoll Jr., Clerk of the Courts BY: Philip Massa Assistant Clerk Telephone: (978)687-7463 Copies mailed 03108/2011 Disabled Individuals who need handicap accommodations should contact the Administrative Off lea of the Superior Court at(617)788.8130 -- COMMONWEALTH OF MASSACHUSETTS ESSEX,ss. Superior Court Department STEVEN R.TRYDER, ) Plaintiff, ) V. ) NEW CINGULAR WIRELESS PCS,LLC ) ("AT&T),STEPHEN ANDERSON,ESQ.,ITS ) AGENT,SBA TOWERS,INC,JOHN SIMONS, ) Civil Action MICHAEL COLANTOM,COURTNEY E. ) No. ESCCV2009-02070D LAVOLPICELO,RICHARD ROWEN, ) TIMOTHY SEIBERTS,MICHAEL WALSH, ) as they are members of the PLANNING BOARD ) OF THE TOWN OF NORTH ANDOVER,and ) PLANNING BOARD OF THE TOWN OF - ) NORTH ANDOVER, ) Defendants. ) DEFENDANT NEW CINGULAR WIRELESS PCS,LLC'S MOTION FOR ATTORNEYS'FEES Pursuant to G.L. c.231, §6F,Defendant New Cingular Wireless PCS,LLC("AT&T") moves for the attorneys' fees it has incurred in connection with its Motion for Judgment on the Pleadings. Plaintiff's persistence in pressing this case after the passage of the Economic Development Reorganization Act in August 2010 was"wholly insubstantial,frivolous and not advanced in good faith,"as explained below. - 1. As set forth in AT&T's Motion for Judgment on the Pleadings,EDRA's impact on the Plaintiff s claims was clear. EDRA extended AT&T's special permit from 2009 to 2011 regardless of any renewal by the Planning Board,rendering Plaintiff's claims completely moot. In its decision granting AT&T's motion on December 14,2010,the Court agreed that the statute is"clear." 2. On August 24,2010,two weeks after EDRA was signed into law on August 10, AT&T's counsel sent Plaintiff's counsel an e-mail (attached as Exhibit A)explaining why EDRA rendered PlaintifFs claims moot and asking for counsel's position on that issue. Plaintiffs counsel never responded. 3. On September 9,2010,AT&T moved forjudgment on the pleadings on the same ground: EDRA mooted Plaintiffs claims. The North Andover Planning Board similarly moved on September 16. Plaintiff did not oppose either motion or offer any reason to think that his claims survive after EDRA. 4. However,Plaintiff also never took any steps to dismiss this case or spare Defendants from having to draft and fide their Motions for Judgment on the Pleadings and attending the hearing on November 9. Even at that hearing,his counsel had no argument about EDRA and moomess, digressing into the Home Rule Amendment and other irrelevant issues. 5. Thus,Plaintiff persisted in his claims with no chance of success,solely because of his(or his counsel's)antipathy to wireless communications facilities. That motivation can be inferred not only from his counsel's complete failure to address the impacts of EDRA on his claims,but also his counsel's previous conduct in other wireless communications cases. In In re: Collins,the First Circuit suspended the Plaintiffs counsel from practicing in that court for one year for failure to pay attorneys'fees that had been awarded to AT&T against him for filing a frivolous appeal in a wireless matter. See Exhibit B,pp. 6-8. 6. Thus,starting at the latest on August 24,when EDRA was called to his counsel's attention,Plaintiffs claims were"wholly insubstantial,frivolous and not advanced in good faith" within the meaning of G.L. c.231, § 6F. Rather,they were intended solely to harass AT&T. wn uv e 2 7. Because of Plaintiffs frivolous and bad faith persistence,AT&T has been forced to incur utterly unnecessary attorneys' fres in this case,and the Court has been forced to expend judicial resources to hear and decide it. 8. If the Court grants this motion,AT&T will file an Affidavit of its fees within the time set by the Court - By its attorneys, urlz cGtfv��egr-J Ste Shen D.Anderson,BBO#018700 Arthur P.Kreiger,BBO#279870 Jennifer K.Rushlow,BBO#673522 ANDERSON&KREIGER LLP One Canal Park,Suite 200 Cambridge,MA 02141 (617)621-6540 akreiger®andersonkreigeltcom Dated:January 14,2011 CERTJPICATE OF SERVICE. I certify,that I served this document on all ponies by hand to their counsel of record an this 14th day oflommy,2011 as follows: Edward J-Collins Thomas J.Urbelis P.O.Be.35 Urbelis&Fieldsteel Wayland,MA 01778 155 Federal Street Boston,MA 02110 Jonathan Springer John K.Bosm,Esq, Springer Law Office,PLLC Bosen&Associates,P.L.L.C. 118 Maplewood Avenue-Suite C.I I New Hampshire Avenue,Suite 215 Portsmouth,N.H.03801 Portsmouth,NH 03802 J n�i iferK uslilmv tesuu...n 3 EXHIBIT A t Page I of 3 Sheila M: Kelly-Cassidy From: Douglas Wilkins Sent: Tuesday,August 24,2010 9:20 AM To: 'Edward J. Collins';'Jonathan S.Springer; 'tju@uf-law.com' Cc: Stephen D.Andarson;'CROSS, MICHAEL(Legal)' Subject; Tryder v.AT&T-Your client's deposition and MA Economic Development Reorganization Act - Attachments: CHAPTER 240 OF THE ACTS OF 2010-AN ACT RELATIVE TO ECONOMIC DEVELOPMENT REORGANIZATION. Ed: Two things: 1. When can we schedule your clients deposition? 2. 1 would appreciate your views on whether the recent Economic Development Reorganization Act defeats or moots your claims. We believe that it does so without question. It extends all permits in existence from August 15,2008 through August 15,2010. Therefore,AT&T's 2006 permit for this site has been extended automatically for two years(at least into 2011) because it was In effect into 2009. It was also renewed during the extension period, so there was no need for a new application even on your view of when It originally expired in 2009. The full text of this Act is attached,and the applicable section appears below. I would appreciate knowing whether you and your client intend to continue to press this lawsuit,since it is now legally untenable or moot or both. Thanks, Doug SECTION 173. Notwithstanding any general or special law to the contrary,certain regulatory approvals are hereby extended as provided in this section. (a) For purposes of this section,the following words shall,unless the context clearly requires otherwise,have the following meanings: "Approval"except as otherwise provided in subsection(b), any permit,certificate,order, excluding enforcement orders,license,certification,determination, exemption,variance, waiver,building permit,or other approval or determination of rights from any municipal, regional or state governmental entity,including say agency,department,commission,or other instrumentality of the municipal,regional or state governmental entity, concerning the use or development of real property,including certificates,licenses, certifications, determinations,exemptions,variances,waivers,building permits,or other approvals or determination of rights issued or made under chapter 21,chapter 21A excepting section 16,chapter 211),sections 61 to 62H,inclusive,of chapter 30,chapters 30A, 40,40A to 40C,inclusive,40R,41,431),section 21 of chapter 81,chapter 91,chapter 131,chapter 131A,chapter 143,sections 4 and 5 of chapter 249,or chapter 258,of the General Laws or chapter 665 of the acts of 1956,or any local by-law or ordinance. "Development",division of a parcel of land into 2 or more parcels,the construction, reconstruction,conversion,structural alteration,relocation or enlargement of a building or other structure or facility,or any grading,soil removal or relocation,excavation or landfill or any use or change in the use of any building or other structure or land or extension of the use of land. "Tolling period",the period beginning August 15,2008,and continuing through August 15,2010. (b)(1). Notwithstanding any general or special law to the contrary,an approval in effect or existence during the tolling period shall be extended for a period of 2 years, in addition to the lawful term of the approval. 11/5/2010 Page 2 of 3 (2) Nothing in this section shall be deemed to extend or purport to extend: (i) a permit or approval issued by the government of the United States or an agency or instrumentality,of the government of the United States or to a permit or approval,of which the duration of effect or the date or terms of its expiration are specified or determined by or under law or regulation of the federal government or any of its agencies or instrumentalities; (ii) a comprehensive permit issued by a board of appeals under sections 20 to 23,inclusive, of chapter 40B of the General Laws; or; (iii) a permit,license,privilege or approval issued by the division of fisheries and wildlife under chapter 131 for hunting, fishing or aquaculture, (3) Nothing in[his section shall affect the ability of a municipal,regional or state governmental entity, including an agency, department,commission or other instrumentality of a municipal,regional or state governmental entity to revoke or modify a specific permit or approval or extension of a specific permit or approval under this section,when that specific permit or approval or to law or regulation under which the permit or approval was issued contains language authorizing the modification or revocation of the permit or approval (4) In the event that an approval tolled under this section is based upon the connection to a sanitary sewer system,the approval's extension shall be contingent upon the availability of sufficient capacity,on to part of the treatment facility,to accommodate the development whose approval has been extended.If sufficient capacity is not available,those permit holders whose approvals have been extended shall have priority with regard to the further allocation of gallonage over those approval holders who have not received approval of a hookup prior to the effective date of this section. Priority regarding the distribution of further gallonage to a permit holder who has received the extension of an approval under this section shall be allocated in order of the granting of the original approval of the connection. (5) In the case when an owner or petitioner sells or otherwise transfers a property or project,in order for an approval to receive an extension, all commitments made by the original owner or petitioner under to terms of the permit must be upheld by the new owner or petitioner.If the new owner or petitioner does not meet or abide by those commitments then the approval shall not be extended under this section. (6) Nothing in this section shall be construed or implemented in such a way as to modify a requirement of law that is necessary to retain federal delegation to, or assumption by, the commonwealth of the authority to implement a federal law or program. Douglas H, Wilklns, Esq. ANDERSON&KREIGER LLP One Canal Park,Suite 200 Cambridge MA 02141 Direct Dial: Phone:617-6216580 Fax:617-621-6680 e-mail:dwilkins@andersonkrelger.com www.andersonkreigerxom Main Finn Na: Phone: 617-621-6500 Fax: 617-6216501 This electronic message contains Information from the law firm of Anderson&Kreiger LLP which may be privileged.The information Is intended to be for the use of the addressee only. If you are not the addressee, note that any disclosure,copy, distribution or use of the contents of this message Is prohibited. 11/5/2010 EXHIBIT B General Docket US Court of Appeals for the First Circuit Court of Appeals Docket Y: 03-8002 Filed: 2/6/03 Nsult: 0 (Criminal or NOT SET) InRe: Collins v. Appeal from: D.S. District Court of MA - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Lower court information: District: 0101-1 : 01-1031 Date Filed: 2/6/03 Date order/judgment: 2/6/03 Date NCA filed; **/**/** - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Fee status: not applicable - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Prior cases: None Current cases: None - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Panel Assignment: - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Docket as of May 2, 2003 8:37 pm Page 1 03-8002 InRe: Collins v. EDWARD COLLINS, Edward J. Edward Collins Collins 617-492-3333* Respondent [COR LD NTC pro] P.O. Box 381330 Cambridge, PIA 02238-1330 Docket as of May 2, 2003 8:37 pm Page 2 03-8002 InRe: Collins v. EDWARD J. COLLINS Respondent Docket as of May 2, 2003 8:37 pm Page 3 03-8002 Inge: Collins v. 2/6/03 MISCELLANEOUS CASE docketed. Opening forms sent. Filed by In Re: Edward Collins Certificate of service date 2/6/03 (03-8002] (mlyn) Docket as of May 2, 2003 8:37 pm - Page 4 03-8002 Inge: Collins v. 2/6/03 SHOW CAUSE ORDER. The above-listed members of this court, having been appointed to a disciplinary panel in accordance with Rule V of this court's Rules of Disciplinary Enforcement (2002) , have determined that cause may exist for disciplinary action against Attorney Edward J. Collins of Cambridge, Massachusetts due to the following circumstances: On December 3, 2001, in Maher v. Hyde, 272 F.3d 83 (1st Cir. 2001), Collins was directed to show cause why he should not be sanctioned by payment of costs and fees for having filed a frivolous appeal. On January 4, 2002, after a review of all responsive submissions, the court ordered Collins to pay sanctions in the amount of $2,266.89 to appellee AT&T Wireless PCS, LLC (AT&T), pursuant to Fed. R. App. P. 38. On February 15, 2002, the court denied Collins, petition for rehearing and declared that an bane review was unavailable because of the recusal of all other active Circuit Court judges. On April 29, 2002, noting that the sanctions remained unpaid despite at least four written request. for payment thereof, AT&T sought a court order directing Collins to show cause why he should not be held in contempt of court. On May 3, Collins was directed to respond to that motion within ten days. No such response was filed. In an order dated June 14, 2002, Collins was held in contempt of court. That order (a copy of which was sent to the Massachusetts Hoard of Ear Overseers) provided that he could purge the contempt by Paying the sanctions on or before June 24 and certifying that he had done so. It also warned that, Should payment not be made by that date, "this court will issue an order to Collins to show cause why he should not be disbarred from the bar of this court." No such payment was forthcoming. On June 25, 2002, Collins moved for a stay of the June 14 order; on June 28, he petitioned for rehearing and en bane review. In both submissions, he asserted that he lacked the present financial ability to pay the ordered sanctions. On August 8, 2002, Collins was ordered to file by August 22 a financial affidavit and copies of his tax returns for the years 2000 and 2001. That order stayed consideration of the petition for rehearing and denied the request for an bane review. On August 23, 2002, Collins "withdraw" the "defense" involving his financial status. On August 28, 2002, AT&T asked the court to enforce its sanctions order and its contempt order. On February 3, 2003, Collins• petition for rehearing of the June 14 contempt order was denied. By failing to comply with the order to pay sanctions and by failing to purge his ensuing contempt, Collins may have engaged in conduct that is subject to discipline. See, e.g., Fed. R. App, P. 46(b) (authorizing suspension or disbarment for, inter alfa, "conduct unbecoming a member of the court's bar"); Fed. R. App. P. 46(c) (authorizing discipline "for conduct unbecoming a member of the bar or for failure to comply with any court rule"); Rule IV.B of First Circuit Rules of Disciplinary Enforcement (2002) ("Failure to comply with Docket as of May 2, 2003 8:37 pm Page 5 03-8002 Inge: Collins v. . . . the orders of this court may also constitute misconduct end be grounds for discipline.") . Collins is therefore directed to show cause why he should not be disciplined for the above-described conduct. Pursuant to Rule V of this court's Rules of Disciplinary Enforcement, Collins shall file five copies of a response to this order, including any supporting evidence or request for a hearing, within 30 days of service. The response should also comply with the other requirements of Rule V. No request for an extension of the 30-day deadline will be granted absent a compelling reason therefore. [03-6002] (mlyn) 3/10/03 RESPONSE to show cause filed by appellant. [732569-1) [03-8002) (mlyn) 3/25/03 ORDER filed by Judge Hugh H. Bownes, Judge Norman H. Stahl, Judge Jeffrey R. Howard. A hearing shall be held in this matter on. Monday, April 7, 2003 at 3:00 p.m. [03-8002) (bety) 3/28/03 ORDER filed by Judge Hugh H. Bownes, Judge Norman H. Stahl, Judge Jeffrey R. Howard. The hearing in this matter shall be rescheduled for Tuesday, April 8 at 9:00 a.m. [03-8002) (mlyn) 4/9/03 SUPPLEMENTAL AUTHORITY - Respondent's Supplemental Submission pursuant to FAAP 28j filed by Respontlent Edward Collins. Certificate of Service 4/9/03. [03-8002] (mlyn) 4/10/03 SUPPLEMENTAL AUTHORITY pursuant to FRAP 28j filed by Respondent Edward Collins. Certificate of Service 4/9/03. [03-8002) (mlyn) Docket as of May 2, 2003 8:37 pm Page 6 03-8002 Inge: Collins v. 5/2/03 ORDER filed by Senior Judge Hugh H. Bownes, Senior Judge Norman H. Stahl, Judge Jeffrey A. Howard. A panel of this court ordered Attorney Edward J. Collins to pay $2,266.89 in sanctions for the filing of a frivolous appeal. When Collins thereafter failed to comply with that order, the panel held him in contempt of court. Collins was afforded an opportunity to purge himself of the contempt by making the payment within a specified period, but he did not do so; instead, he has persisted in his recalcitrance. As a result, a disciplinary panel was formed in accortlance with Rule V of this court's Rules of Disciplinary Enforcement (2002), and Collins was directed to show cause why he should not be subject to discipline. Having considered his written and oral submissions, we impose a one-year term of suspension effective as of the date of this order. The circumstances giving rise to this proceeding can be summarized as follows: On December 3, 2001, in Maher v. Hyde, 272 F.3d 83 (1st Cir. 2001), Collins was ordered to show cause why he should not be sanctioned by payment of costs and fees for having filed a frivolous appeal. On January 4, 2002, after a review of all responsive submissions, the court ordered Collins to pay sanctions in the amount of $2,266.89 to appellee AT&T Wireless PCS, uc (AT&T), pursuant to Fed. R. App. P. 38. On February 15, 2002, the court denied Collins' petition for rehearing and declared that an Banc review was unavailable because of the recusal of all other active Circuit Court judges. On April 29, 2002, noting that the sanctions remained unpaid despite at least four written requests for payment thereof, AT&T sought a court order directing Collins to show cause why he should not be held in contempt of court. On May 3, Collins was directed to respond to that motion within ten days. No such response was filed. In an order dated June 14, 2002, the Maher panel held Collins in contempt of court. The order (a copy of which was sent to the Massachusetts Board of Bar Overseers) provided that he could purge the contempt by paying the sanctions on or before June 24 and certifying that he had done so. it also warned that, should payment not be made by that date, "this court will issue an order to Collins to show cause why he should not be disbarred from the bar of this court." No such payment was forthcoming. On June 25, 2002, Collins moved for a stay of the June 14 order; on June 28, he petitioned for rehearing and an banc review. In both submissions, he asserted that he lacked the present financial ability to pay the ordered sanctions. On August 8, 2002, Collins was ordered to file by August 22 a financial affidavit and copies of his tax returns for the years 2000 and 2001. That order stayed consideration of the petition for rehearing and denied the request for an banc review. On August 23, 2002, Collins "Withdrew" the "defense" involving his financial status. On August 28, 2002, AT&T asked the court to enforce its sanctions order and its contempt order. On February 3, 2003, the Maher panel denied Collins' petition for Docket as of may 2, 2003 8:37 pm Page 7 03-8002 In Re: Collins v. rehearing of the June 14 contempt order. Citing these circumstances, the disciplinary panel directed Collins on February 6, 2003 to show cause why he should not be disciplined. Collins has submitted a written response and has been heard at oral argument. Finding his objections unpersuasive, we conclude that discipline is warranted. See, e.g., Fed. R. App. P. 46(b) (authorizing suspension or disbarment for, inter alia, "Conduct unbecoming a member of the court's bar"); Fed. R. App. P. 46(c) (authorizing discipline "for conduct unbecoming a member of the bar or for failure to comply with any court rule"); Rule IV.B of Rules of Disciplinary Enforcement ("Failure to comply with . . . the orders of this court may also constitute misconduct and be grounds for discipline."); cf. In re Bithoney, 486 F.2d 319, 322 (1st Cir. 1973) (per curiae) (suspending attorney for having "abused the processes of this court by lodging appeals of patent frivolity„ ) . Collins continues to dispute the finding of frivolousness. Yet that matter was resolved by the Maher panel and is not subject to de novo reconsideration her.. In any event, our review of the record reveals that Collins' Protestations in this regard are misplaced. His remaining contentions--that he lacked notice Of the Maher panel's mootness theory; that the "capable of repetition yet evading review” exception applied; and that this court lacked the power to hold him in contempt--are summarilym rejected. And his arguent involving his financial status, having been raised in June 20D2 and then expressly "withdrawn" two months later, has been forfeited. Indeed, Collins acknowledged at argument that he was ".at now resting" on this point (while also expressing a disinclination to make payments on an installment basis--a possibility broached by the court) . we thus do not consider the matter further. For these reasons, Collins is suspended from the practice of law before this court for a period of one year, effective as of the date of this order. This suspension shall apply without exception; Collins must terminate his representation in any appeal that is now pending and may not file an appearance in any future appeal during that period. A copy of this order shall be sent to the Massachusetts Board of Bar Overseers, the Massachusetts Supreme Judicial Court, the Clerk of the United States District Court for the District of Massachusetts, and the American Bar Association, So ordered. [03-6002] (mlyn) Docket as of May 2, 2003 8:37 Pm Page 8 PACER Service Center Transaction Receipt 05/19/2003 15:49:36 PACER Login: ak0055 Client Code: art stowlit Description: kt Case 03-8002 report umber: B1l leble Cost: 0.56 Pages: Townof Noerh 11, No. Lo O o .-Vt - ;, ;,. . m Andover ,. dover, Mass.,—72. U� .9S ATEO 1111PERMIT T t BOARD OF HEAD i O I � Food/Kitchen THIS CERTIFIES THAT............ /� D stir s� has Permiss on to erect.to be Occuplud as ............................_ ............. D G INS ECTO L1►. ... buildings o f..�..lf�. L BLIlI IN Provltled that the pers�,Av''j` Rrn,edetio (�,....�,5,0OR . . ......t........... P p this permit shall In eve res this onroe, and ro the provlSlons of the Codes and 8 - ���w� N pact o the to to the terms of thea .. lic Chi Buildings In the Town of Nerth Andover. 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TLANns MLLXLLS FPAMIXGXRY,NA 0=TU1 MQ G R O UwP sXE X0.MA9�B PLANS AND META .Nw qeK _ _ uiowm.w ooe _ EXISTING ANTENNA PLAN/1 PROPOSED ANTENNA PLAN/1 RRH&SURGE ARRESTOR MOUNT DETAIL " ANTENNA MOUNT DETAIL �s e 7 _EAST ELEVATION SURGE ARRESTOR DETAIL z ^� RRH DETAIL tgleo GPS MOUNTING DETAIL F HONMMIOOVFA MIWT M&MAY at&t ■ TIL50N MSM FRgM1FMgM Mg01TM NOM D'a o u PME M1E xo.M.sw '�„ _ m uiowm.�u o�M ELEVATION L 4 NN M°ew�. o ron. m m i ,s. yam rwv ,MECMMIG LCONM F DETML mwmd Olmmwn MECWINICAL COX mm,sr m GNOONO BMR PLPTE ITTPI /1 cwpu np ONE UNE PWMBING DUIG_� / ��•,�r.w� ��� 41 �neo- mlml wmPn�j p,.[�-wu uu Ed tom— po-ae ems e...aww AM CONNECTION OF XD WIRES ­­wP�pva�b ONE LINE GROUNDING DIAGRAM a TOOROMxgHG BMR(CIGBE) o- xgxc OEML XOIIq PXDaWR AT&T MOMMY F at&t T I LS O N TLANns M-H— RMMINGXMM MM01Tq IbNRY ynnMSbnD Lllyi BRED Hq Llp1 OROUNUINC.ONE NEDWGMM&DET SV[4 XX P10R Application of New Cineular Wireless PCS.LLC("AT&T") Zero Chestnut Street(a/k/a 300 Chestnut Street),North Andover,Massachusetts TABLE OF REOUESTED WAIVERS TOWN OF NORTH ANDOVER WIRELESS SERVICE FACILITIES AND SITE PLAN REVIEW BYLAWS UNDER SECTIONS 8.9 AND 8.3 Pursuant to Section 8.9(5)(d)(ix)of the Wireless Services Facilities Bylaw and Sections 8.3(2)(c)and 8.3(5)(1)of the Site Plan Review Bylaw, AT&T is requesting waivers from the following provisions of the Wireless Services Facilities Bylaw and the Site Plan Review Bylaw as set forth and for the reasons stated in the Table below. §8.9(5) Application d)Application Filing Requirements.The following shall be d) Procedures included with an application for a Special Permit for all wireless service facilities: ii)Location Filing Requirements ii) (4)A map showing the other preexistent and approved wireless (4)& (5) Inasmuch as AT&T's application is for a modification service facilities in North Andover and outside North Andover of its existing Special Permit to add three(3)LTE antennas to its within one mile of its boundary. currently operating Facility,AT&T respectfully requests a waiver 5)GPS all sic equivalent system locating by latitude and o the requirement to submit such items andstates that such i Under Section 8.9(5)(dxix),the Planning Board"may waive one or more ofthe application filing requirements ofthis section if it finds that such information is not needed for a thorough review of a proposed personal wireless service facility." 'Under Section 8.3(2)(c),"[w]hen, in the opinion of the Planning Board,the alteration or reconstruction of an existing structure ... will not have a significant impact both within the site and in relation to adjacent properties and streets;on pedestrian and vehicular traffic;public services and infrastructure;environmental, unique and historic resources;abutting properties;and community needs,the Planning Board may determine,without a public hearing,that submission of a site plan review application is not required." Under Section 8.3(5X1), if a site plan review application is for the construction of a new wireless service facility on a previously permitted facility(under Section 8.9(7),modification of a wireless service facility may be considered equivalent to an application for a new wireless service facility),the information required by Section 8.9(5)must also be submitted. However,the Planning Board"may grant a waiver from these submittal requirements if it finds that such information is not needed for a thorough review of a proposed personal wireless service facility." ino�xefss.�l longitude wireless service facilities information is not neededfor a thorough review ofa proposed personal wireless service facility. iii)Siting Filing Requirements.A one-inch-equals-40 feet plan iii) With respect to items(3), (4), (8), (9), (10)and(12),AT&T prepared by a Registered Professional Engineer in the states that inasmuch as AT&T's application is for a modification Commonwealth of Massachusetts showing the following: of its existing Special Permit to add three(3)LTE antennas to its (3)Tree cover on the subject property and all properties directly currently operating Facility, AT&T respectfully requests a waiver abutting the subject property,by dominant species and average from the requirement to submit such items and states that such height. information is not neededfor a thorough review ofa proposed (4)Outline of all existing buildings, including purpose(e.g. personal wireless servicefacility. residential buildings,garages,Accessory structures,etc.)on subject property and all properties adjacent to the subject property. (9)Contours at each 2 feet AMSL for the subject property and adjacent properties within 300 feet. (10)All proposed changes to the preexistent property,including grading,vegetation removal and temporary or permanent roads and driveways. (12)Lines representing the sight line showing viewpoint(point from which view is taken)and visible point(point being viewed) from"Sight Lines"subsection below. iv)Sight lines and photographs as described below: iv) To comply with this provision of the Bylaw,AT&T plans to (1)Sight line representation.A sight line representation shall be submit photographs of the existing Facility and photosimulations drawn from any public road within 300 feet and the closest showing the proposed LTE antennas. To the extent that any other facade of each residential building(viewpoint)within 300 feet to depictions are required by this provision,AT&T respectfully the highest point(visible point)of the wireless service facility. requests a waiver from the requirement to submit such items and Each sight line shall be depicted in profile,drawn at one-inch states that such information is not neededfor a thorough review equals 40 feet scale.The profiles shall show all intervening trees ofa proposed personal wireless service facility. and buildings. In the event there is only one(or more)residential building within 300 feet there shall be at least two sight lines from the closest habitable structures or public roads,if any. (2)Preexistent(before condition)photographs.Each sight line shall be illustrated by one four-inch by six-inch color photograph of what can currently be seen from any public road and any residential building within 300 feet. (3)Proposed(after condition)photographs. Each of the preexistent condition photographs shall have the proposed wireless service facility superim22sed on it to show what will be seen from public roads and residential buildings if the proposed wireless service facility is built. (4)Siting elevations or views at-grade from the north,south,east and west for a 50-foot radius around the proposed wireless service facility plus from all preexistent public and private roads that serve the subject property.Elevations shall he at either one-quarter inch equals one foot or one-eight inch equals one foot scale and show the following: (a)Antennas,mounts and equipment shelter(s),with total elevation dimensions and average ground level(AGL)of the highest point.All future proposed antennas,mounts and equipment shelters if any must be shown in order to be included in the Special Permit. (b)Security barrier.If the security barrier will block views of the wireless service facility,the barrier drawing shall be cut away to show the view behind the barrier. (c)Any and all structures on the subject property. (d)Preexistent trees and shrubs at current height and proposed trees and shrubs at proposed height at time of installation,with approximate elevations dimensioned. (e)Grade changes,or cuts and fills,to be shown as original grade and new grade line,with two-foot contours AMSL. v)Design Filing Requirements v) (6)Landscape plan including preexistent trees and shrubs and With respect to items(6)&(7),AT&T states that inasmuch as those proposed to be added,identified by size of specimen at AT&T's application is for a modification of its existing Special installation and species. Permit to add three(3)LTE antennas to its currently operating (7)During the public hearing process the applicant shall Facility,AT&T respectfu(ty requests a waiver from the schedule with the Planning Board a balloon or crane test at the requirement to submit such items and states that such information proposed site,at the expense of the applicant,to illustrate the is not neededfor a thorough review ofa proposed personal height of the proposed facility. wireless service facility proposed personal wireless service facility. (mo.iJ 3 §8.3(1) Purpose a)The purpose of this section is to protect the health,safety, a)—c)AT&T seeks a waiver of the Site Plan Review convenience and general welfare of the inhabitants of the provisions of the Bylaw in accordance with § 8.3(2)(c) Town by providing for a review of plans for uses and for the reasons set forth below. structures which may have significant impacts,both within the site and in relation to adjacent properties and streets;on pedestrian and vehicular traffic.This review considers the impact on public services and infrastructure;environmental, unique and historic resources;abutting properties;and community character and ambiance. b)This section of the Zoning Bylaw is adopted pursuant to Chapter 40A,Section 9.All Site Plan Review applications submitted under the provisions of this section shall be reviewed by the Planning Board as a Special Permit. C)Sites and developments to which this section applies shall comply with the regulations of this section as well as those other applicable Town Bylaws,or the requirements of the Commonwealth of Massachusetts,prior to any construction being undertaken in the Town of North Andover. §8.3(2) Developments Which c)Waiver of Site Plan Review c) AT&Tseeksawaiver afthe Site Plan Reviewprovisionr Require Site Plan i)When in the opinion of the Planning Board,the alteration or of the Bylaw in accordance with this§§8.3(2)(c)and Review reconstruction of an existing structure or new use or change in 8.3(5)(0 for the reasons that follow: use will not have a significant impact both within the site . As shown on Exhibit 13 submitted with this and in relation to adjacent properties and streets;on pedestrian Application(the site plans showing the proposed and vehicular traffic;public services and infiaatructure; modification), the addition of the antennas will environmental,unique and historic resources;abutting occur nest to and in close proximity with the properties;and community needs,the Planning Board may existing antennas. After the new antennas are determine,without a public hearing,that submission of site installed, the appearance and visibility ofthe plan review application is not required. modified Facility will be substantially similar to ii)The applicant must request a waiver from Site Plan Review that ofthe existing Facility. in writing and may be required to submit supporting After the installation ofthe new antennas, the radio (AO..11 4 L-1PlJmReviewByla (Basis for W documentation that Site Plan Review is not required.The frequency emissions will be effectively unchanged waiver request will be discussed at a regular session of the for the modified Facility [AT&T will submit with Planning Board. its application for modification documentation to this effect]. • After the installation of the new antennas, the acoustic noise ofthe modified Facility will remain effectively unchanged[AT&T will submit wish its application for modification documentation to this effect-] Accordingly, the addition ofshe new LTE antennas will not have a significant impact within the site or in relation to adjacent properties and streets. Nor will it have a Significant impact on pedestrian and vehicular traffic,public services and infrastructure, environmental, unique and historic resources, ahuffing prpeerties, or community needs. a.3(Spq Information Required t)If the site plan review application is for the constmetion of f Inasmuch as AT&T's application is jor a modification of any new wireless service facility on a previously permitted its existing Special Permit to add Three(3)LTE antennas to facility as set fourth in Section 8.9(3xa)9II)Wireless Service its currently operating Facility,AT&T respectfully requests Facilities Use Regulations,the information required by a waiver ofthe requirement tosubmitsuch items andstates Section 8.9(5)must also be submitted.The SPGA may grant a that such information is not needed for a thorough review of waiver from these submittal requirements if it finds that such a proposed personal wireless service facility. information is not needed for a thorough review of a proposed personal wireless service fiani ity. Inmxeeesil 5 posra RECEIVED °' • ° •'+o Town of North Andover TOWN CLERK'S OFFICE 3?a�J ,,!• p< Office of the Planning Departmeftq OCT -1 PK 3:52 -i.- _� Community Development and Services Divis* '�,;^� grr 1600 Osgood Street TAN OF North Andover,Massachusetts 01845 MASSACHUSETTS NOTICE OF DECISION Any appeal shall he filed within(20)days after the date of riling this notice in the office of the Town Clerk. Date: October 6,2009 Date of Hearings: September 15,2009, October 6,2009 Date of Decision: October 6,2009 Application of: New Cingular Wireless PCS, LLC("AT&T") Premises Affected: 0 Chestnut St. (alIda 300 Chestnut St) Map 98C,Parcel -. - Referring to the above petition for a renewal 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: So as to allow the renewal of a Special Permit to continue operation of 12 coaxial cable antennas on an existing wireless service tower located at 0 Chestnut St.(a/k/a 300 Chestnut St)and an 12 ft by 20 ft.equipment shelter for ancillary equipment The Special Permit was originally granted by the North Andover Planning Board on May 31,2006 and was recorded on June 30,2006.After litigation with the North Andover Board of Appeals was j decided in favor of AT&T by a Federal Court Judgment issued on September 25,2006, the facility was constructed according to a Building Permit issued by the Town of North Andover Building Inspector on July 24,2007, Upon a motion by Michael Walsh and a 2n°by Tim Seibert,the Planning Board hereby APPROVES the renewal of a Wireless Special Permit for an installation of a Wireless Facility on an existing structure by a voteof6"or or and O�ainst. On behag of the North jWover Planning Board John Simons,Chairman Richard Rowen Timothy Seibert Michael Walsh Courtney LaVolpicelo Michael Colantoni 1 The Planning Board herein approves the renewal of the Special Permit to continue operation of the Wireless Facility, which consists of 12 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. The renewal of the Special Permit was requested by Stephen Anderson, Esq., Agent for New Cingular Wireless PCS, LLC ("AT&r'). This application and additional documentation as cited herein was filed with the Planning Board on August 3, 2009, with subsequent submittals on file. The applicant submitted a complete application which was noticed and reviewed in accordance with Sections 8.3, 8.9, 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 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(NTE) limits, as indicated by the submittals and reports provided by the applicant, authored by Donald L. Hates,PhD. The reports are dated September 16, 2008 and September 7, 2009, with addendums dated September 25,2009 and September 26,2009. The conclusion stated in the reports is that the applicant's Wireless Facility installation contributes a maximum RF exposure of less than one-tenth 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 applicant had also demonstrated that the site is in compliance with the Noise Standards as set forth in section 8.9.8(6). 3. The Planning Board received input and answered questions from residents. However, the Planning Board believes that the applicant has demonstrated 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 provided the following conditions are met: SPECIAL CONDITIONS: 1) Discontinuance Abandonment 2 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 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.. . 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 carder from the 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 forwhich 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. a) 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. 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 3 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 SPCA 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. 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 assigas in interest or control. 5) The following information shall be deemed part of the decision: a) Application tided: Application for Special Permit Renewal New Cingular Wireless PCS,LLC("AT&T) c/o Stephen Anderson Anderson&Kreiger One Canal Park Suite 200 Cambridge,MA 02141 Prepared for: New Cingular Wireless PCS,LLC("AT&T) b) Documentation Submitted: 1 Original Special Permit Decision,date May 8,2006. 2 Court Judgment,New Cingular Wireless PCS LLC,Defendants, dated October 4, 2006. 3 Certificate of Amendment of a Foreign Liability Company. 4 4 Building Pemut,dated July 24,2007. 5 Original Site Plan,titled,"North Andover-SBA COLO,Site No:BOS-020 (855)". 6 RF Emissions Report prepared by Donald L.Haes,dated September 16,2008 and September 7,2009. 7 Addendum to RF Emission Reports,prepared by Donald L.Haes,dated September 26,2009 and September 25,2009. 8 Engineer Final Affidavit,prepared by Bradford Mills.P.E.,dated October 1, 2009. AO ZE D2Q Incl Cam1 4 Incl yoo M m<T Nm D cn rn 5 oe"�or"dao RECEIVED �r • < " �p TO"'N CI.FPK'S OFFICE t Y 2006 JUN -9 PM 4: 21 ♦ i ♦ o �• 11 Y/.rSW�nn M•l{� TMYN O� r�CHUfl` NORTH APGO\'E.R PLANNING DEPARTMENT PIASSACHi,.;`iu:- Community Development Division 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: May 8,2006 Date of Hearing(s): May 16 and May 30,2006 Date of Decision: May 31,2006 Petition of: New Cingular Wireless PCS,LLC. 580 Main Street Bolton,MA 07140 Premises Affected: 0 Clu start Street,Assessors Map 98C,Pared 2 Residential 3 Zoning District Referting to the above petition with provisions from Section 8.9 of the North Andover Zoning Bylaw for a Site Plan Special Permit for the installation of twelve(12)coaxial cable antennas on an existing wireless service facility/tower and an I l'x 26'equipment shelter for ancillary equipment. Property is located within the Residential 3 (R3)zoning district. At a public hearing given on the above date,the Planning Board voted to APPROVE a Site Plan Special Permit with a unanimous vote of 5-0 based on the following conditions: Signed:�J�+^�+� Lincoln Daley,Town FGiner m Applicant Engincer Richard Nardella,Chair Abutters John Simons,Vice Chair Town Departments Richard Rowen,acting Clerk Alberto Angles Jack Green New Cingular Wireless PCS,LLC 0 Chestnut Street,Map 98C,Parcel 2 Site Plan Special Permk The Planning Board herein approves the Special Permit to install twelve(12) coaxial cable antennas on an existing 152' tower and an 11' x 26' equipment shelter for ancillary equipment within the existing fenced area. The affected property is located at 0 Chestnut Street, Map 98C, Parcel 2 within the Residential 3 Zoning District. This Special Permit was requested by New Cingular Wireless PCS, LLC., 580 Main Street, Bolton,MA 07140. This application and additional documentation as cited herein was filed with the Planning Board on March 10, 2006 with subsequent submittals on file. The Planning Board makes the following findings as required by the North Andover Zoning Bylaw Section 8.9: FINDINGS OF FACT: 1. The specific site is an appropriate location for the project as it is being co-located on an existing wireless location. 2. The use as developed will not adversely affect the neighborhood as indicated by the analysis conducted by Arvin Sebastian,Radio Frequency Specialist, Cingular Wireless and Mark F. Hutchins, Radio Frequency Engineer, Outside Consultant for the Town of North Andover. 3. The carrier has demonstrated that the facility is necessary in order to provide adequate service to the public. 4. The plan meets the requirements of the Wireless Service Facilities By-law section 8.9. The granting of the Site Plan Special Permit is subject to the granting of the Variance from the Zoning Board of Appeals from Section 8, Paragraph 8.9(3)(c)(v), minimum requirements of the distance to the lot lines in order to install additional antennas on the existing antenna tower. 5. Adequate and appropriate facilities will be provided for the proper operation of the proposed use. The visual impacts of the project will be diminutive and represents a marginal addition to the existing wireless service facility. 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 grams an approval to the applicant provided the 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 abandonment or discontinuation of operations. Such notice shall be given no less 2 New Cingular Wireless PCS,LLC 0 Chestnut Street,Map 99C,Parcel 2 Site Plan Special Permit 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. H) Proper disposal of the waste materials generated by the carrier from the site in accordance with local and state solid waste disposal regulations. c) As a condition of any special permit for the placement, construction or modification of wireless service equipment at the site, the carrier shall place into escrow a sum of money to cover the costs of removing the facility from the subject property. Said amount shall be certified by an engineer, architect or other qualified professional registered to practice in the Commonwealth of Massachusetts. Said funds shall be held by an independent escrow agent to be appointed by the carrier and the SPGR The carrier shall authorize and, as necessary, shall obtain the authorization of the owner of the property to allow the escrow agent to enter upon the subject property to remove the facility when the facility has been abandoned or discontinued. In the event the posted amount does not cover the cost of demolition and/or removal the Town may place a hen upon the property covering the difference in cost. d) 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 placed by the carrier from the subject property within ninety days. In the event that the carrier fails to remove the equipment, the town shall give notice to the carrier and the independent escrow agent that the equipment shall be removed by the escrow agent forthwith and the escrow agent, after affording written notice seven days in advance to the carrier, shall remove the facility. 2) Term of Special Permit a) A Special Permit issued for any wireless service facility shall be valid for three(3)years. 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. 3 New Cingular Wireless PCS,LLC 0 Chestnut Street,Map 98C,Parcel 2 Site Plan Special Permit b) After the equipment on the facility is in operation, the applicant shall submit to the SPGA, within 90 days of beginning operations and at annual intervals from the date of issuance of the Special Permit, preexistent and current RFR measurements. Such measurements shall be signed and certified by an RF engineer, stating that RER 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(4)(c)(1) RFR Filing Requirements of this Bylaw. The measurements shall be submitted for the equipment proposed on this facility. This condition shall be in effect until such time as an additional carrier proposes equipment on this facility. At that time, this obligation will fall upon the proponent of the additional equipment so as to obtain a better measure of the cumulative effect of the facility. c) 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, structural integrity of the equipment. 3. Prior to the endorsement of the plans by the Planning Board, the applicant must comply with the following conditions: a) The applicant shall provide a map indicating the intended locations for testing as required above. b) A bond in the amount of$1,000 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 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 escrow account. 4. 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. 5. Prior to FORM U verification (Building Permit Issuance): a) The final site plan mylars must be endorsed and three (3) copies of the signed plans must be delivered to the Planning Department. b) A certified copy of the recorded decision must be submitted to the Planning Department. c) The granting of the Site Plan Special Permit is subject to the granting of the Variance from the Zoning Board of Appeals from Section 8, Paragraph 8.9(3)(c)(v), minimum requirements of the distance to the lot lines in order to install additional antennas on the 4 New Cingular Wireless PCS,LLC 0 Chestnut Street,Map 98C,Parcel 2 Site Plan Special Permit existing antenna tower. A copy of the decision granting said Variance must be submitted to the Planning Department. 6. Prior to verification of the Certificate of Use and Occupancy: a) The applicant must submit a letter from the architect or engineer of the project stating that the construction and operations substantially comply with the plans referenced at the end of this decision as endorsed by the Planning Board. b) All fighting(if applicable) placed by the carrier on the subject property shall have underground wiring and shall be so arranged that all direct rays from such fighting falls entirely within the site and shall be shielded or recessed so as not to shine upon abutting properties or streets. The Planning Office must approve any changes to the approved lighting plan as submitted by the applicant. 7. 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. 8. Any stockpiling of materials(dirt, wood, construction material, etc.) must be shown on a plan and reviewed and approved by the Planning Staff. Any approved piles must remain covered at all times to minimize any dust problems that may occur with adjacent properties. Any stockpiles to remain for longer than one week must be fenced off and covered. 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. 10.No equipment or other equipment that will emanate noise-exceeding levels cited herein shall be placed on the exterior of the structure. Such equipment shall be enclosed as shown on the plans. 11. All site fighting shall provide security for the site and structures however it must not create any glare or project any light onto adjacent residential properties. 12. The contractor shall contact Dig Safe at least 72 hours prior to commencing any excavation. 13. 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 New Cingalar Wireless PCS,LLC 0 Chestnut Street,Map 98C,Parcel 2 Site Plan Special Permit 14. Any action by a Town Board, Commission, or Department that requires changes in the plan or design of the building as presented to the Planning Board, may be subject to modification by the Planning Board, 15. Any revisions shall be submitted to the Town Planner for review. If these revisions are deemed substantial,the applicant must submit revised plans to the Planning Board for approval. 16. This Special Permit approval shall be deemed to have lapsed after two years from the date permit granted unless substantial use or construction has commenced. Substantial use or construction will be determined by a majority vote of the Planning Board. 17. The following waivers were granted in determining this decision: a) 8.9.5.d.14 — Waiver to provide a map of all wireless communications facilities in and within 1 mile of North Andover. b) 8.9.5.d.iii.3 -Waiver requiring the depiction of tree cover. c) 8.9.5.d.iii.4 — Waiver requiring the depiction of all buildings on properties adjacent to subject property. d) 8.9.5.d.iii.8 — Waiver to provide distance, grade from the proposed wireless communication facility to each building on the vicinity plan. e) 8.9.5.d.iii.9 — Waiver to provide contours at 2 feet AMSL for the subject property and adjacent properties within 300 feet. f) 8.9.5.d.iii.12 — Waiver to provide lines representing the sight line showing the viewpoint and visible point from"Sight Lines" subsection. g) 8.9.5.d.iv—Waiver to provide sight lines and photographs. h) 8.9.5.d.v.3—Waiver to provide"color board". i) 8.9.5.d.v.6—Waiver to provide landscape plan. j) 8.9.5.d.v.7 - Waiver to schedule a balloon test with the Planning Board at the proposed site. k) 8.9.5.d.v.8—Waiver to provide FAA fighting printout. 1) 8.9.5.d.vi-Waiver to provide noise-filing requirements. m) 8.9.5.d.viii.2—Waiver to provide hazardous waste identification filing requirement. 18. The following information shall be deemed part of the decision: Plan titled: Cingular Wireless Site Name: North Andover— SBA COLO Site No.: BOS-020(855) Prepared for: Cingular Wireless PCS, LLC. 580 Main Street Bolton, MA 07140 Prepared by : Clough Harbour&Associates LLP 313 Littleton Road, Suite 15 8 New Cingular Wireless PCS,LLC 0 Chestnut Street,Map"C,Parcel 2 Site Plan Special Permit Chelmsford, MA 01824-3364 Dated: 11/24/04, Revised 12/23/04 Sheets: TOI, COI, C01 A, COI C, CO2-CO5, E01-E6 Report: Application for Site Plan Special Permit by Cingular Wireless PCS, LLC., March 10, 2006 Prepared for: Cingular Wireless PCS, LLC. Prepared by: Anderson&Kreiger LLP 43 Thomdike Street Cambridge, MA 02131-1764 cc. Applicant Engineer DPW Building Department 7 1 f�cidOn DEP File Number. optalPrO V1�°(tin pePa�tuantof Wetlands 11an�e P42oV bIDEP saohuseNsut�Ptotectton ate of MomP L. ° 131,g40 VVlasseau of Re$O CertotecfiOn Orl 'd G pAFprfnBgfandsP Massachusetts W lnforme lot, eCf ed to: p prol Banceis issu This Cgrhflcate of GomP d Com anies 0305 Im'Poden4 out 1. NH ZV 'N'D on1�eof PshW� Stele rpmPu1eL u� 4ame Fla stoneorive afinal Otd¢t onb t yOUV AaaTos regulated by tom do not Me�Un9 stied for V�° ""mo'tum Hudson Bance i cs is t"I to of Gump tre� Cemf is 242- 2, This isSuedto'. m DdndfUons Tnisi DEP FAeNW^b' Greenleaf Real 11,,,,13-11y Name 96 June 19 19d°aer Deed ed at: C�wm Ar 3. The Pr°tett site is local ut Street 5N 6�107 it Parcels Chesty pe�oe�t°t sveet Adder a istry of Deedsf� me 96D,96C r at the R 9 Seers MaP�Piat Nu on recorded of Condition Waur r et Realt -crust the final Order Trust&Da 4553 Do wood Real PropedY°Ymer lrf digerem) Essex NO CouutY �drecate ect on was made in t ,presence of the aped 4. AsheinsP on: a\ f1127112� �� J 1 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 8B — Certificate of Compliance DEP Fie Number. Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 242-792 Provided by DEP B. Certification Check all that apply: ® Complete Certification: It is hereby certified that the work regulated by the above-referenced Order of Conditions has been satisfactorily completed. ❑ Partial Certification: It is hereby certified that only the following portions of work regulated by the above-referenced Order of Conditions have been satisfactorily completed.The project areas or work subject to this partial certification that have been completed and are released from this Order are: ❑ Invalid Order of Conditions: It is hereby certified that the work regulated by the above-referenced Order of Conditions never commenced. The Order of Conditions has lapsed and is therefore no longer valid. No future work subject to regulation under the Wetlands Protection Act may commence without filing a new Notice of Intent and receiving a new Order of Conditions. ® Ongoing Conditions: The following conditions of the Order shall continue: (Include any conditions contained in the Final Order, such as maintenance or monitoring, that should continue for a longer period). Condition Numbers: 48 C. Authorization Issued by: North Andover y3 Conservation Commission This Certificate must be signed by a majority of the Conservation Commission and a copy sent to the applicant and appropriate DEP Regional Office(See htto//www mass aov/deo/about/reaion/find our h ml. Signatures: ve+anmc•m,•.rvtsae VJVh Fom,BB,CaNri—of Complianm•Paap Iola rtr a Massachusetts Department of Environmental Protection Bureau of Resource Protection -Wetlands WPA Form 8B — Certificate of Compliance DEP File Number: Massachusetts Wetlands Protection Act M.G.L. c. 131, 540 242-792 T Provieed by DEP D. Recording Confirmation The applicant is responsible for ensuring that this Certificate of Compliance is recorded in the Registry of Deeds or the Land Court for the district in which the land is located. Detach on dotted line and submit to the Conservation Commission. To: — ---------------------.---.--------------------- ----------------------------- North Andover Conservation Commission Please be advised that the Certificate of Compliance for the project at: Chestnut Street 242.792 PTO Location DEP Fib Number Has been recorded at the Registry of Deeds of: Essex North County for: Ashwood Companies Pioperty OWne and has been noted in the chain of title of the affected property on: Dae Book Page If recorded land, the instrument number which identifies this transaction is: If registered land, the document number which identifies this transaction is: Daument Number warrmeo ea.rep.tvzaw WPN Form B.Certificate dCwnOlianw•P...... Massachusetts Department of Environmental Protection Bureau of Resource Protection -Wetlands DEP File Number: WPA Form 8B — Certificate of Compliance Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 242-1186 T ProvMed by DEP A. Project Information Important: When filling out 1. This Certificate of Compliance is issued to: forms on the canputer,use Peachtree Development, LLC only the tab key N to move your-do not w 231 Sutton Street Suite 1-8 rsor use the return Mailing Atltlronn key. North Andover MA 01845 CdYRovm stab zip code 2. This Certificate of Compliance is issued for work regulated by a final Order of Conditions issued to: Ne Peachtree Development LLC A�rt123 2003 242-1186 Datetl DEP File Number 3. The project site is located at: Chestnut 8 Rea Street North Andover Street Address c4rr Map 98A/98B/98C Parcels 7, 105, 11, 23 3 Asaesaors MaPIPbt Number P- VW Number the final Order of Condition was recorded at the Registry of Deeds for: Propery Amer(ittlilterent) Essex North 7827 109 County book Page Cera&zle 4. A site inspection was made in the presence of the applicant, or the applicants agent, on: y 113110 wad ro,m ee,canrc��m a comoe•nca.vqa I as Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 8B — Certificate of ComplianceEl DEP File Number: Massachusetts Wetlands Protection Act M.G.L. c. 131, §4�0 242-1186 "T Pro V7 by DEP B. Certification Check all that apply: ® complete Certification: It is hereby certified that the work regulated by the above-referenced Order of Conditions has been satisfactorily completed, ❑ Partial Certification: It is hereby certified that only the following portions of work regulated by the above-referenced Order of Conditions have been satisfactorily completed.The project areas or work subject to this partial certification that have been completed and are released from this Order are: ❑ Invalid Order of Conditions: It is hereby certified that the work regulated by the above-referenced Order of Conditions never commenced. The Order of Conditions has lapsed and is therefore no longer valid. No future work subject to regulation under the Wetlands Protection Act may commence without filing a new Notice of Intent and receiving a new Order of Conditions. ® Ongoing Conditions: The following conditions of the Order shall continue: (Include any conditions contained in the Final Order, such as maintenance or monitoring, that should continue for a longer period). Condition Numbers: 83 C. Authorization Issued by: North Andover y a f j Coroervebon Commuekn Date f Issuance This Certificate must be signed by a majority of the Conservation Commission and a copy sent to the applicant and appropriate DEP Regional Office(See htta://www mass aov/deo/about/recion/fndvour him). Signatures:: < L weumae.aa.re..+zmn�s . ' wPn Foy ae,can�,v�e a comai�e�re.nese z a 3 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 8B — Certificate of Compliance DEP File Number. Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 242-1186 Pr-Vked by DEP D. Recording Confirmation The applicant is responsible for ensuring that this Certificate of Compliance is recorded in the Registry of Deeds or the Land Court for the district in which the land is located. Detach on dotted line and submit to the Conservation Commission. To: .-.----------------- ------- __._.-.__.__.__._._.__._._.-_.-_._.------------------------- North .__._.____.-._._._._North Andover Consarvetlon Commission Please be advised that the Certificate of Compliance for the project at: Chestnut Street& Rea Street 242-1186 Project Lor�tion DEP Fib Number Has been recorded at the Registry of Deeds of: Essex North County for. Property Owner and has been noted in the chain of title of the affected property on: Dab Book Page If recorded land, the instrument number which identifies this transaction is: If registered land, the document number which identifies this transaction is: Dawment Number signature ar APPlicant •Mh,reO.LLx•rev.lbR3g9 NNA Form BB.Ce,tilmele of Cmmplianfe pe9e 3IN 3 Massachusetts Department of Environmental Protection Bureau of Resource Protection -Wetlands DEP File Number WPA Form 8B — Certificate of Compliance Massachusetts Wetlands Protection Act M.G.L. c. 131, c40 242792 ] Provide—by DEP A. Project Information Important: When ming out 1. This Certificate of Compliance is issued to: tons on the computer,use Ashwood Companies only the tab key Na to move your 11 Flaestone Drive cursor-do not use the return Meiling Adtlress key. Hudson NH 03051 00 hQryrtovm State Zip Code °` 2. This Certificate of Compliance is issued for work regulated by a final Order of Conditions issued to Greenleaf Realty Trust Ne June 19 1996 242-792 Crated DEP File Number 3. The project site is located at: Chestnut Street North Andover Sheet Address Cl IT Map 98D 98C Parcels 58 65 107 108 Assessom Mep/Plat Number ParcagLot Number the final Order of Condition was recorded at the Registry of Deeds for. Dogwood Really Trust 8 Dayrunner Realty Trust Property Cwner(rdNrarent) Essex North4553 125 County gook page Certificate 4. A site inspection was made in the presence of the applicant, or the applicant's agent, on: 11/27/12& 12/11/12 Date vyalrmPo.tloc rev.1ZR3Nd WPAF—Be.Cerllllvale of CompllanCB Pa,IIX3 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 8B — Certificate of Compliance DEP Fife Numbs Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 242-792 Provided by DEP A. Project Information Important: When piing out 1. This Certificate of Compliance is issued to: forms on the computer,use Ash Wood Companies only the tab key Name to move your cursor-do not 11 Flagstone Drive use the return Mailing Address key. Hudson _j i Cityrtown NH 03051 ateY� 2. This Certificate of Compliance is issued for work regulated by a final Orderlof e Conditions issuedto: nr Greenleaf Realty Trust Nems June 19 1998 Dated 242-792 DEP File Number 3. The project site is located a[: Chestnut Street Andover street Address North th A Map 98D 98C ZilyParcels 58 85 107 108 Assessors Map/Plat Number PeroegLot Number the final Order of Condition was recorded at the Registry of Deeds for. Dogwood Realty Trust&Davrunner ReaIN Trust YroPery Owns (N ddrereml Essex North Count' 4553 Book page page Ceniflrate 4. A site inspection was made in the Presence of the applicant, or the applicants agent, on: 11/27/12 8 12/11/12 Dtle 'werrmeeaoe.nv.tarzsos - was aow ea,came�wcomor�a_a.ae+ma