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32C-017 (5) t Cs-067205 .: ; W AY NE P STOTT 2 PILU)W LACE LN BEVERLY MA 01915 08/29/2015 Unrestricted - Buildings ot'ano use group \vhich contain less than 35,000 cubic feet (991 m;)of enclosed space. Failure to possess a curve it edition of the Massachusetts State Building Code is cause for revocation of this license. for DPS Licensing infoririatiornvisit: www.Mass.GovJDPS lz iN, &j t L D tit G— CO,--�v UrI A) 6,-- v l Cy T1-ti2,6 izz v(3 1 7 `A September 5, 2014 VIA PRIORITY MAIL Lin da LaPointe, Clerk Pointe Principal C er a City of Northampton Building Department Puchalski Memorial Building 212 Main Street Northampton, MA 01060 RE: T-Mobile application for building permit 76 Main Street Dear Ms. LaPointe: Thank you for taking the time to speak with me concerning an application for building permit by mail. I have enclosed a completed building permit application, one (1) set of stamped construction drawings, contractor information, a check for the building permit fee and other supporting materials. Concurrently with the transmission of this package, I am emailing a pdf of the stamped construction drawings to Assistant Building Commissioner Chuck Miller. I have also enclosed a copy of the check and first page of the building permit application. If you would kindly stamp "received" and date both copies and return to me in the enclosed stamped envelope I would appreciate it as confirmation. Please contact me if you have any questions. Thank you for your assistance. Sincerely, Marty Cohen Network Building+ Consulting, LLC (781) 724-3272 mcohen @nbcllc.com APPENDIX SEC.6409. WIRELESS FACILITIES DEPLOYMENT. (a) FACILITYMODIFICATIOtiS. (1 ) IN GENERAL. NotNN ithstanding section 704 of the Telecomnnanications Act of 1996(Public I_a�k 104-10-1) or any other provision of`laxy, a State or local goyerntrient ma\ not deny. and shall approve, any eligible facilities request For a modification ofan existing \vireless toyer or base station that does not substantially change the ph, sical dimensions of such tower or base station. (2) ELIGIBLE F'ACILITIES REQUEST. For purposes of this subsection. the term "eligible facilities request"' means any request for modification of an existan��wireless twNer or base swiorl that involves --- (A) collocation of nev% transmission equipment. (B) remo\al oftransmission equipment: or (C) replacement of transmission equipment. (;) APPLICABILITY OF ENVIRONMENTAL LA\VS. Nothing in paragraph ( I)shalt be construed to relieyc the Commission from the requirements of the National Historic Preservation Act or the National IAwironmental Police :1ct of 1969. Is there a time limit within v.hich an application must be approved? Section 6409(a) does not specify any period of time for approving an application. However, the statute clearly contemplates an administrative process that invariabl1 ends in approval of a covered application. We believe the time period for processin-a these applications should be commensurate with the nature of the review. In the 2009 Declaratory Ruling. the Commission found that 90 days IS a presumptively reasonable period of time to process collocation applications.'� in lip-lit of the requirement of Section 6409(a)that the rev ic\N ing authority"may not deny, and shall approve" a covered request. \ac believe that 90 days should be the maximum presumptively reasonable period of time for re%iewing such applications. «nether for "personal wircless scrviccs- or othcr %%ircicss facilities. Wireless Telecommunications Bureau contact: tiiaria Kirby at(20_2)418-1476 of bt.email: '�laria.Kirby�'�ctcc.gov. -FCC:'- For more news and intbrmation about the Federal Communications Commission please visit: 12 .See 1009 Declarato?-v Ruling.24 FCC Rcd. at 1-1013-1:, paras. l6-i?. oil a wireless tower or base station substantially changes the physical dimensions of the underlying structure within the meaning of Section 6409(a). What is a -wireless toN er or base station":' A "tower" is defined in the:�'utrumride C'olkxrrtiotr.lgrr"e�metrt as"arty structure built for the sole or l�rimar� pu►lxlse of supporting t-CC-licensed antennas a►xi their associated facilities."`` 1"he Commission has described a "base station"as consisting of"radii transceivers,antennas. coaxial cable. a red ular and backup power supply, and other associated electronics."' Section 6409(a) applies to the collocation. remo%al. or replacement ofequipment on a wireless tower or base station. In this context, we believe it is reasonable to interpret a "base station'"to include a structure that currently supports or houses an antenna. transceiver. or other associated equipment that constitutes part of base station.'° ?Moreover. given the absence of any limiting, statutory language. we believe a "base station" encompasses such equipment in any technological configuration. including distributed antenna systems and small cells. Section 6409(a) by its terms applies to any ..wireless"tow er or base station. B\ contrast. the scope of Section 332(c)(7) extends onh to facilities used for"personal wireless services" as destined in that section." Given Congress's decision not to use the pre-existin`,Jet inition from another statutory provision relating to wireless siting, we believe the scope ofa "w irelcss­ tower or base station under Section 6409(a) is not intended to be limited to facilities that support ",personal wireless serN ices' under Section 132(c)(7). Mai° a state or local government require an application for an action covered under Section 6409(a)`' Section 6109(a) states that a state or local government "ma,. not deny, and shall approve. an\ eligible facilities request...." It does not sag that a state or local yaovernment may not require an application to be Filed. The provision that a state or local government must approve and may not deny a request to take a covered action, in the Bureau s view. implies that the relevant government entity nlay require the filing of an application for administrative approval. See ti,arrorrti+•ide�'utlocarrorr.fgrc e��rrc�trt� I.B. ' .See implementation Of Section 600'_(b)of the Omnibus Budget Reconciliation Act of 1993. WT Docket No. 10- f 13. 4mmal Ropo rt aml Atutli ei.<r;/("nnzl7eJrr° Ifar'kt r("frnrfitrn;z% With R,! /JV't rn t luhilr' ff'itVic.". lra�TlrrElitt C:'c>nrnterc�r�rl,tfathlle.Sevnices, Fifteenth Report, '6 FCC Red. 9661.9181. para. 308 (20 f 1). .See also 47 C.P.R. Part 1.App. C.Nation side Pro<granunatic Agreement Regat-Jing the Section 106 National I Iistoric Preservation Act Re,,icw Process, II.A.14 (defining'tower' to inchtdc "the on-site fencing, equipment. itches. wiring.cabling, power sources. shelters. or cabinets associated with that fowc;r but not installed as part of an Antenna as defined herein­). " 47 U.S.C. : 332(c)(7)(A). "Personal wireless services" is in turn defined to mean "commercial mobile services, unheemed wireless ser%ices.and common carrier wireless txchamge access c-ervices." !ci :32(c?(" )(C)(1). 1 size is ordinarily excluded from the Commission's required historic preservation re\ie\i under Section 106 ofthe National Historic Preservation Act (NHPA).� The Commission later adopted the same definition in the"009 Declarertm-Y Ruling to determine whether an application will be treated as a collocation «hen appl .ing Section 332(c)(7) of the Communications Act of I934.`' The Commission has also applied a similar definition to determine whether a modification of an existing registered tower requires public notice for purposes ofenvironmental review. Under Section LC of the Aixtio"11-0e 4greemeal. a-substantial increase in the size of the tower"occurs it I) ft]he mounting of the proposed antenna on the tower «ould increase the existing height of the tower by more than 10%. or by the height of one additional antenna array viith separation from the nearest existing antenna not to exceed twenty feet. svltiche�er is greater. except that the mourning of the proposed antenna ma} exceed the size Iitnits set forth in this paragraph if necessary to avoid interference with existing antennas. or '_) ft]he mounting of the proposed antenna �yould lmolw the installation; of rnorc than the standard number of netiv equipment cabinets for the technology involved, not to exceed four. or more than one tiew equipment shelter: or 3) ftlhe mounting of the proposed antenna \mould involve adding an appurtenance to the bad} of the tower that would protrude from the edge of the to\jcr more than twenty feet, or more than the v+idth of the to«er structure at the level of the appurtenance. vvIlichever is >reater, except that the mounting of the proposer} antenna ma\ exceed the size limits set firth in this paragraph if necessari to shelter the antenna from inclement a\eather or to connect the antenna to the tower via cable. or 4) ftIhe mounting of the proposed antenna would involve excavation outside the current tower site.defined as the current boundaries of the leased or otia tied property surround ingt the toiler and any access or utility easements currently related to the site. Although Congress did not adopt the Commission's terminolotn of-substantial increase in size" in Section 6409(a), tic believe that the police reasons for excluding from Section 6409(a)collocations that substantially change the physical dimensions ofa structure are closel\ analogous to those that animated the Commission in the 'wionichle Collocation .lgreement and subsequent proceedings. In light of the Commission's prior findings, the Bureau believ es it is appropriate to look to the existing definition of "substantial increase in size"to deterir►i le whether the collocation. removal, or replacement of equipment Sc�e l6 U.S.C. 170n see also,47 C.F.R. 1.1307(a)(a) (requiring?applicants to determines whether proposed facilities ma} affect properties that are listed, or are eligible lbr listing„ in the National Register of historic Places). See Petition for Deciaratory Rulin(.-'to Clarily Provisions of Section 332(c)(-7)(t3)to Fnsure Timely Siting Revievi and to Preempt Under Section 253 State and Local ordinances that C lassif All Nvireless Siting* Proposals as Requiringz it Variance. WT Docket No. 08-165. Dezlurutot:v Ruling,24 I CC Red. 139P-1.. 14012.para.46& n.146 (2009)(2009 Det'lurut(u•r Rtrhnjz),recur(. ilenieil, 25 FCC Rcd. 11 157 (2010).pet.lor reviciv clenied sub aeon. City u1.1r'lingk�rr, Texas v. FCC. 668 F.3d 229(;"'Cir.). �,ert. 113 S.Ct. 521 (.2012): 17 t_:.S.C. § 332(c)(7). Set,47 C.F.R. § 17.4(c)(1)(13): National Environmental Police ,Act Coutplimce for Proposed'lower Registration,,. U'f Docket No. 03-61. or&r On Rerr,md. 26 FCC Rcd. 14700. 16730-21. para. 53 (201 l). 1 V:' PUBLIC NOTICE Federal Communications Commission News Media Information 2021418.0500 44512tH St., S.W. Internet: http://www.fcc.gov TTY: 1-888-835-5322 Washington, D.C. 20554 WIRELESS TELECOMMUNICATIONS BUREAU OFFERS GUIDANCE ON INTERPRETATION OF SECTION 6409(a)OF THE MIDDLE CLASS TAN RELIEF AND JOB CREATION ACT OF 2012 DA 12-2047 January 25,2013 On Februan, 22, 2012. the ?Middle Class Tax Relief and Job Creation Act of 2012 ("lax Tact)' became law. Section 6109(a) ofthe Tax Act provides that s state or local government "ntaN not dem, and shall approve" anti request 1�)r collocation, removal. or replacement of transmission equipment on an existing wireless toNver or base station, provided this action does not substantially change the physical dimensions of the tower or base station. The full text of Section 6409(a) is reproduced in the Appendix to this Public Notice. To date.the Commission has not received any formal petition to interpret or apply the provisions of Section 6409(a). We also are una%yare of any.judicial precedent interpreting or applying its terms. The \ ireless Telecommunications Bureau has, however, received informal inquiries from sersice providers, facilities owners. and state and local ,overnments seeking guidance as to how Section 6409(a) should be applied. In order to assist interested parties, this Public Notice summarizes the Bureau", understanding of Section 6409(a) in response to several of the most frequently asked questions, What does it mean to "substantially change the physical dimensions" of a toyer or base station' Section 6409(a) does not define what constitutes a "substantial[) change" in the dimensions of a tower or base station. Ina similar context, under the:y'utiom+idc� C'ollcx crtiata.�fJ�reeme/t/ xv ith the Adv isory Council on I-Iistoric Preservation and the National Conference of State Historic Preservation Officers. the Commission has applied a four-prong test to determine«nether a collocation \i,III effect a-substantial increase in the size of[a] tower.'" .A proposed collocation that does not invok e a substantial increase it) Middle Class Tax Relief and Job Creation Act of 2012. Pub, L. 112-96. H.R.. 3610. 126 Stat. 156(enacted Feb. 22. 20 1—')(Tax Act). Id.. § 6409(a). Although vtie offer this interpretive guidance to assist parties in understanding their obligations under Section 6409(a).see, e.g.. Iructiers 0fitedfiw SSn1t ,v. Federal Hrgl va'1-.aclnrinisu-ation, 1:9 F.�d 934(D.C.0 ir. 1998),the Commission remains tree to exercise its discretion to interpret Section 6409(a)either by exercising its rulentaking authority or through adjudication. With two exceptions not relevant here, the lax Act expressly grants the Commission authority to"implement and enforce"'this and other provisions of Title VI of that Act"as ifthis title is a part of the Communications Act of 1934 (47 [,'.S.C. 151 ct scq.)." fax Act � 60033. 47 C.F.R. Part 1, App. B. Nations%ide Programmatic Aareemcm for the Collocation (if 1 ireless Antennas. § LC (Nilliotm ide C`ullocaiivn.4 reeme�at). T-Mobile 76 Main Street List of Attachments Building Permit Application Landlord Consent Letter Planning Board Decision dated June 13, 2006 Construction Supervisor License Workers' Compensation Insurance Affidavit City of Northampton Construction Control Document Construction Drawings2 Filing fee in the amount of$78.00 FCC Public Notice 2 One copy of the construction drawings is being sent via email to Chuck Miller,Assistant Building Commissioner, concurrently with this application. 3 T-Mobile 76 Main Street (A) collocation of new transmission equipment; (B) removal of transmission equipment; or (C) replacement of transmission equipment. Because the proposal entails modification of the existing Wireless Facility involving only the above-referenced work, ("A") above,the modification is within the definition of"eligible facilities request"pursuant to the Act.' Likewise, the modification will not substantially change the Wireless Facility and will not result in any increase in height of the building, nor will it increase the footprint of the existing T-Mobile equipment area. Enclosed is a copy of the Federal Communications Commission(FCC) Public Notice Wireless Telecommunications Bureau Offers Guidance on Interpretation of Section 6409(a) of the Middle Class Tax Relief and Job Creation Act of 2012. The Public Notice sets forth the criteria for determining whether a facility collocation constitutes a "'substantial increase in size"' (see page 2). As is evident from examination of the enclosed plans included among the supporting materials attached hereto and incorporated herein by reference, T-Mobile's proposed Wireless Facility modification does not constitute a substantial change and no lighting is proposed. The modification will comply with all applicable building codes, including the Massachusetts Building Code. T-Mobile hereby submits the supporting materials required by the Application and the Act, including the fee of$78.00. T-Mobile respectfully requests that administrative approval be granted for modification of the existing Wireless Facility, pursuant to the Application and Section 6409 of the Act,to the extent required, all rights reserved. T-Mobile respectfully requests that such approval be granted as soon as possible. If you have any questions or if you would like to discuss this matter further, please contact Martin Cohen,Network Building+Consulting, LLC as agent for T-Mobile at(781) 724- 3272, email mcohen @nbcllc.com. Sincerely, Kate Rugman Partner Delivery Manager, T-Mobile ' Section 350-10.9, Telecommunications and personal wireless facilities of the Northampton Zoning Ordinance requires Site Plan Approval. A non-discretionary site plan review is permissible under the Act. However,the ordinance on its face is impermissibly discretionary. Section 350-10.9C provides"[iln addition to the §350-10.1 special permit criteria and §350-11 site plan review criteria,the following criteria will be considered prior to the approval or denial[emphasis ours]of a request for site plan and special permit. The Act requires that"a State or local government may not deny,and shall approve,any eligible facilities request." As federal law,the Act prevails over the Northampton Zoning Ordinance requirement for Site Plan Approval. 2 M • • oile tso"gee't h e r September 5, 2014 Louis Hasbrouck, Building Commissioner City of Northampton Puchalski Memorial Building 212 Main Street Northampton, MA 01060 RE: Modification of"Telecommunication Facility" Applicant: T-Mobile Northeast LLC ("T-Mobile") Site: 76 Main Street Northampton Assessor's Parcel 32C-017-001 T-Mobile site#4SH0291C Modification: Installation of three rooftop (3) antennas (one (1) per sector) in stealth canisters Request: Administrative approval for the modification of an existing "Telecommunication Facility", pursuant to the City of Northampton Application to Construct, Repair, Renovate, Change the Use or Occupancy of, or Demolish any Building other than a One or Two Family Dwelling(the"Application") and Section 6409(a)of the Federal Middle Class Tax Relief and Job Creation Act of 2012 (the "Act"),to the extent required, all rights reserved. Dear Mr. Hasbrouck: On behalf of T-Mobile, I am pleased to submit this eligible facilities request to modify its existing"Telecommunication Facility" ("Wireless Facility") located on and at the building at the Site. The modification consists of the installation of three (3) antennas (one (1)per sector) in rooftop stealth canisters adjacent to the existing antennas. As you may know, in February 2012 Congress passed the above-referenced Act. Section 6409 of the Act pertains specifically to the modification of existing wireless facilities. Section 6409 (a) (1) of the Act states: IN GENERAL-Notwithstanding section 704 of the Telecommunications Act of 1996 (Public Law 104-104) or any other provision of law, a State or local government may not deny, and shall approve, any eligible facilities request for a modification of an existing wireless tower or base station that does not substantially change the physical dimensions of such tower or base station. Section 6409 (a) (2) of the Act defines "eligible facilities request" as follows: For purposes of this subsection, the term 'eligible facilities request' means any request for modification of an existing wireless tower or base station that _-involves-- Initial Construction Control Document A To be submitted with the building permit application by a " d Registered Design Professional for work per the 8th edition of the "r Massachusetts State Building Code, 780 CMR, Section 107.6.2 Project Title: T-MOBILE 700MHz INSTALLATION(4SH0291C) Date: 08/25/14 Property Address: 76 MAIN STREET.NORTHAMPTON,MA 01060 Project: Check one or both as applicablefv--�ew constructiorDxisting Construction Project description: PROJECT CONSISTS OF INSTALLING(3)PROPOSED ANTENNAS AND(3)PROPOSED RRUs TO AN EXISTING WIRELESS TELECOMMUNICATIONS FACILITY. I KRUPAKARAN KOLANDAIVELU MA Registration Number: 50019 Expiration date: 6/30/16 , am a registered design professional, and hereby certify that I have prepared or directly supervised the preparation of all design plans,computations and specifications concerning: Entire Project Architectural Structural F—]Mechanical Fire Protection Electrical Other for the above named project and that such plans, computations and specifications meet the applicable provisions of the Massachusetts State Building Code,(780 CMR), and accepted engineering practices for the proposed project. I understand and agree that I(or my designee)shall perform the necessary professional services and be present on the construction site on a regular and periodic basis to: I. Review,for conformance to this code and the design concept, shop drawings, samples and other submittals by the contractor in accordance with the requirements of the construction documents. 2. Perform the duties for registered design professionals in 780 CMR Chapter 17, as applicable. 3. Be present at intervals appropriate to the stage of construction to become generally familiar with the progress and quality of the work and to determine if the work is being performed in a manner consistent with the approved construction documents and this code. When required by the building official, I shall submit field/progress reports(see item 3.)together with pertinent comments, in a form acceptable to the building official. Upon completion of the work,I shall submit to the building official a `Final Construction Control Document'. Enter in the space to the right a"wet"or electronic signature and seal: Phone number: 267-460-0122 Email: KKOLANDANELU @NBCLLC.COM Building Official Use Only Building Official Name: Permit No.: Date: Trial Version 10 09 2012 Bk: 08844 Pg: 143 July 3 2006 I, Wendy Mazza, City Clerk of Northampton, hereby certify that the above 'Decision of the Northampton Planning Board was filed in the office of, the.City Clerk on June 13, 2006, that twenty days have elapsed since such filing and that no appeal has been.filed in this smatter. Attest: r �� City Clerk-City of Natthamp.ton ✓l�ct-a . ' ' ' 1350 M in Strati s�ns�A+�V'N 01108 j A' TEE HAXMMRS, MARXAfr" L. DONOHIIN Bk: 08844 Pg: 142 Planning Board -Decision City of Northampton Hearing No.: PrLN-2006-0051 Date:June 13,2006 A. The requested use,for the T-mobus telecommunication antennas pr%cting!0'above the roof protects adjoining premises against seriously detrimental uses because it Is consistent with other similar infrastructure on buildings within the Central Business District The cable casing will be located on the rear of the building and painted to match thg brick. AN other equipment will be housed out of view In the basement B. The requested use will not detract fhom the convenience and safety of vehicular and pedestrian movement within the site and on aclacent streets. No alterations to the site will be made. C. The requested use will not detract from the harmonious relationship of structures and open.spaces to the natural landscape,existing buihtings and other community assets In the area. Though the towers will be visible,dray will not detract from the overall st eetscape. They are stepped back from the edge of the roof. D. The requested use will not effect the Cltyk resources including the effect on the City's water supply and disWbuton system,sanitary and storm sewage collection and Imetment systems,Bre protection,streets and schools. E. The request use meets all the special regulations set forth In the Zoning Ordinance In section 10.9. Locating on existing feciAdes Is preferred by the City and flits a gap in service without adding towers within the City. F.The Planning Board hound that the appikaton complied with the roflowing technical performance standards: 1. There wig be no additional curb cuts. Z. Pedestrian,vehicular and bicycle traffic are not Issues relative to this application. COULD NOT DEROGATE BECAUSE: FILING OEADLINE: MAILING DATE HEARING CONTINU®DATE DECISION DRAFt BY: APPEAL DATE: SHtt/2006 6111M 6/22/2006 REFERRALS IN DATE: DaMIN E DATE: HEARMG CLOSE DATE: FINAL SIGNING SY: APPEAL DEADLINE: Sr2&2006 71/2!106 6J8I2006 6/2712006 7/3/2000 FIASTAMMTIS114G DATE: HEARING DATE: VOTING DATE DATE: 5/2'52006 ti1/2006 tiJ812006 ti/1312006 ADVERTISING DA HEARING VOTING DEADLINE DECISION DEADLINE: 61112006 7:00 PAI 1 918006 902006 MEMBERS PRESENT: VOTE: George Russell votes to No Vote taken and/or rotor Frances Volkmann votes to Grant D E C E O V E Jennifer Dlednger votes to Grant Paul Voss votes to No Vote taken and/or recur JUN 13a 2006 Francis Johnson votes to Grant CITY CLERKS OFFICE George Kohout votes to Grant NORTHAMPTON MA 01060 Keith Wilson votes to Grant Kenneth Jodde votes to Grant David Wensky votes to Grant MOTION MADE BY: ISECONDED BY: VOTE COUNT: DECISION: Keith Wlison David*71msky 1 7.2 Approved with Conditions MINUTES OF MEETING: Available In the Office of Planning&Development 1,Carolyn Mlsch,as agent to the Pianalnp Board,certify that drls is a true and accurate decision made by the Planning Board and certify that a copy of this and aq pbns have been flied with the Board and titre City Cl&k on June 13, 2006. i c fret a copy f this dew i `s been mail to Owner and Appfican t Alodco ofAppeal An appeal from the decision of the Planning Board may be made by any person aggrieved pursuant to MGL Chapt,40A,Section 17 as amended within twenty(20)days after the date of the Ming of the notice of the decision with the City Clar t: The date Is listed above. Such appeal may be made to the Hampshire Superior Court with a cerWed copy of the appeal sent to the City C"af.#*City of Noithempton. GeoTMS®2006 Des Laudeft Municipal Sotutlone,inc. i , Bk: 08844 Pg: 141 I Planning Board -Decision Sk:98441`9:141 Page:1 of 3 City of Northampton Hearing No.: PLN-2008 0051 Reoorded: 09!1812008 01:09 PM Date: June 13,2006 APPLICATION TYPE: SUBMISSION DATE: PO Intermediate Site Plan 3/1 W6 Applicanfs Name: Owner's Name: Surve oes Name: NAME: NAME: COMPANY NAME: OmnlpolntCommunica8ons/T-Mobile TRIDENT REALTY CORP ADDRESS: ADDRESS: ADDRESS: ao Simon Brighend,Jr.,Esq. P.D.BOX 686 1350 Main SL TOWN: STATE: ZIPCODF: TOWN: STATE ZIPCODE: TOWN. STATE ZIP CODE: SPRINGFIELD MA 01103 NORTHAMPTON MA 01081-0886 PHONE NO.: FAX NO.: PHONE NO.: FAX NO.: PHONE NO.: FAX NO.: EMAIL ADDRESS: EMAIL ADDRESS: EMAIL ADDRESS: Site Information: STREET NO.: SITE ZONING: 76 MAIN ST Ca TOWN: SECTION OF BYLAW: NORTHAMPTON MA 01080 Section 10.9:Telecommunications and Personal N7reless Facilities MAP: I BLOCK: I LOT: MAP DATE: ACTION TAKEN: 32C J 017 1001 Approved INIM Condltions Bodo: Pape: 1 NATURE OF PROPOSED WORK: Intallatlon of telecommunication facilities on top of an existing building. HARDSHIP: CONDITION OF APPROVAL: 1. Prior to Issuance of a building permit;the applicant must obtain sign off from the Office of Planning&Development(OPD)Indicating that The applicant has posted a performance guarantee,of$25,000(or 1.5 times estimated cost of remove! as submitted by the applicant;whichever is greater)to cover the cost of removal of the faculties in the event that antennas cease to be used and the owner falls to remove Me facilities as required In condition#2 below. The applicant shall either file a surety company performance bond or provide a deposit of money or negotiable securities,Including letters of credit State financial performance guarantees must be drafted so that the only requirement that must be met for Me Planning Board to draw on the letter Is to notify tiro financial Institution(grantor)Mat: "We have incurred liability by reason of the failure of the appllcant/developedowner to dismantle Me telecommunications antennas that have ceased to be operated for its Intended purpose for twelve consecutive months In accordance with the special permit approved.Any excess over the cost of demolishing the antennas will be returned to Me grantor.' Such bond,deposit of money or negotiable securities,shall be approved as to form,the surety or financial Institution,and manner of axecution by the Planning Board. For any surety bond,the surety must agree that any litigation stemming out of the bond will take place In Massachusetts,the bond must include the name and address of the person to be served for any legal action,the bond must specifically Include the terms above.No expiration date may be allowed in the bond(the bond must be valid until the tower ceases to exist) 2. The applicant shall remove any Telecommunications Facility that ceases to be used for its intended purpose for twelve(12)consecutive months. 3. T-mobile shall submit annual reports to Office of Planning and Development of all the facilities operating within the community and provide an update of their functioning status. The Planning Board Approved the Site Plan for instailadon of 10'tall telecommunications facilities on top of the building at the subject property based on the plans submitted wfth the application. in Granting the Site Plan Approval,the Planning Board determined that: GeoTMSO 2006 Des Laurfers Municipal Solutions,Inc. e og- ,July 31, 2014 VIA CERTIFIED MAIL,RETURN RECEIPT REQUESTED Richard Madowitz,Trident.Realty Corp. c/o The Hampshire Property Management Group 15 Brewster Court Northampton, MA 01060 Re: Rooftop Lease.with Option dated June 5, 2006 (the "Leasel by and between Trident Realty. Corp. CLessor")and Ornnipo nt Communications, to.CT-Mobile.) site Nurriber: 4S1i0291 C(#he"Site Site Address; 78'Ma n.Street,Northampton,:M (the"Property") Dear Mr. Madowitz: T-Mobile Is in the process.: .of .updating :certain equipment that supports its. wireless telecommunications network. As part,of this.effort; T-i'vtob le will need to perform work'at the above referenced Property.The purpose of this letter is to obtain Landlord's consent to perform this work,which is speciflcally'described in Exhibit A annexed hereto: Please signify your approval by signih. and dating one (1); original of this consent,letter in the space.provided.below. Kindly scan'and email.the consent letter to mcohen@nbcilc.com. Alternatively, the letter can be:returned by regular mail to>Marty-Gahm at 1355 Massachusetts Rve; Lexingfon, MA 02420. Should you have any i*uestions, please.contact Mr. Cohen at (781) 724-3272:. Thank you in .advance fbr your cooperation.in this matter. / Very truly yours, j ,.,/Jp /mil 1"C`5 sir Kate Rugrnaft . �/► Stn /iii 7—�S h i �S "`e Partner Delivery Manager;T-Mo6ila Acl(nowledged Accepted.and Agreed: j y u Trident Realty Co. ; $y; Date: Please provide.a contactname:and telephone number for Trident Realty.Corp.so T-Mobile can schedule the necessary work Contact.Name&Number. .�� G-y/��C' �C�4c /�� y�3 C� "�2 J� ,r t4$jjEtic Suher,:Trident Realty Corp. i M i�!^��sra gtz.3g �ma.. The Commonwealth of Massachuselts Print Form Department of'Industrial Accidents Office of Investigations I,'-1 I Congress Street, Suite 100 Boston,NIA 02114-2017 wwr;v.mass.gov/dia Workers' Compensation insurance Affidavit: Builders/Contractors/Electricians/Plumbers Applicant Information Please Print Legibly Manic Wayne Stott Address:2 Pillow Lace Ln. City/State/7,ip:BeVerly, MA 01915 Phone #:781-603-2792 Are you an employer?Check the appropriate box: Type of project(required): 1-❑ I am a employer with €. F� I am a general contractor and 1 employees(full and/or part-time).* have hired the sub-contractors 6. ❑New•construction 2.F I am a sole proprietor or partner- listed on the attached sheet. 7. F-1 Remodeling These sub-contractors,have ship and have no employees $. ❑ Demolition working for me in any capacity. employees and have workers' 9. ❑ Building addition (No workers'comp. insurance comp. insurance. regtn I"ed. We are a corporation and its i. 101-1 f lectrical repairs or additions 3.❑ I am a homeowner doing all work officers have exercised their 11.0 Plumbing repairs or additions myself. [No workers' comp. right ofexemption per MGL. 12.❑ Roof repairs insurance required.] c, 153. §1(4),and we have no , Cell Site Modification employees. [No workers' 13.2 Other comp. insurance required.] 'An\ apphcant That checks box i'1 must ako lib oul the,ecnon below shod ins their vrzrrkers'compensation policy inlirrmation- s I lomeowners\N fit)submit this aft-irhtvil indicating They are doine Al then hire outside couu'aetor;nutst submit a atr�atfidar it indicating such. 'Cnntrtcturs that chcxk thi>his must altuched an additional sheet shaming the name of tltc sub-confine ors an i state«hcthcr or not thine crttitics irate empluwes- ll-lire sub-a>ntractors have employees-then nrust ptnvide their r%nrkurs'coutp.policy number- a»r an entph�per that is prat alibi$workers'c°onrpensation ittsrrrmrcefor nil,entplutecc. /lelow is thepolic�l•and job site information. Insurance('ompan} Name N/A Policy#.or Seif ins. Lic. ff:N/A Expiration Date:NtA .lob Site Address: b �tcis StYt°�'r Cit)-State Zip: NOr4-vA v, MIA 01060 T -_i - Attach a copy of the workers' compensation policy declaration page(showing the policy number and expiration date). Failure to secure coverage as required under Section 25A of MGl. c. 152 can lead to the imposition of criminal penalties of a fine up to$1,500.00 and/or one-year imprisonment.as well as civil penalties in the form of a STOP WORK ORDER and a fine ol'up to$250.00 a day against the violator. Be:advised that a copy of this statement may be fonvarded to the Office of Investigations of the DIA fOr insurance coverage verification. t do hereht cerri ,under he ains and enahies n 'rer'uri,that the in ornration provided above is true and correct. Si*nature: '�' Date Phone f:781-603-2792 Official use only. Do not write in this area,to he completed tit city or town official City or Town: Permit/License# Issuing Authority(circle one): I. Board of Health 2. Building Department 3. City/Town Clerk 4. Electrical inspector 5. Plumbing Inspector 6.Other Contact Person: y Phone#: . . Version 1.7 Commercial Building Permit Mlay 15, 2000 SECTION 10-STRUCTURAL PEER REVIEW(780 CMR I 10.11) —1 Independent Structural Engineering Structural Peer Review Required Yes 0 No SECTION 11 -OWNER AUTHORIZATION-TO BE COMPLETED WHEN OWNERS AGENT OR CONTRACTOR APPLIES FOR BUILDING PERMIT as Owner of the subject property hereby authorize T-Mobile Northeast LLC Mat-tin Cohen and Wayne Stott, Network Building + Consulting, LLC to act on my behalf, in all matters relative to work authorized by this building permit application. Signature of Owner Date Martin Cohen, Network Building + Consulting, LLC, agent for T-Mobile as Owner/Authorized Agent hereby declare that the statements and information on the foregoing application are true and accurate, to the best of my knowledge and belief. Signed under the pains and penalties of pedury. Martin Cohen Print Name Signature of Owner/Agent Date SECTION 12-CONSTRUCTION SERVICES 10.1 Licensed Construction Supervisor: Not Applicable C3 Name of License Holder: Wayne Stott CS-067205 License Number Pillow Lace Lane, Beverly, MA 01915 08/29/2015 Address ,,, I - (781) 603-2792 Expiration Date Signature Telephone SECTION 13-WORKERS'COMPENSATION INSURANCE AFFIDAVIT(M.G.L.c. 152,§25C(6)) Workers Compensation Insurance affidavit must be completed and submitted with this application. Failure to provide this affidavit will result in the denial of the issuance of the building permit. Signed Affidavit Attached Yes (F) No 0 Voynnl.7 Commercial Building PcnnitWoy |5.2OOO SECTION 9-PROFESSIONAL DESIGN AND CONSTRUCTION SERVICES-FOR BUILDINGS AND STRUCTURES SUBJECT TO CONSTRUCTION CONTROL PURSUANT TO 780 CMR 116(CONTAINING MORE THAN 35,000 C.F.OF ENCLOSED SPACE) 9.1 Registered Architect: Not Applicable 0 Registration Number Address Expiration Date Signature Telephone 9.2 Registered Professional Engineer(s): Name Area of Responsibility 1777 Sentry Parkway West. Suite 210. Blue Bell, PA 50019 Address Registration Number (267) 460-0122 06/30/2016 Signature Telephone Expiration Date Name Area of Responsibility Address Registration Number Signature Telephone Expiration Date Name Area of Responsibility Address Registration Number Signature Telephone Expiration Date Name Area of Responsibility Address Registration Number Signature Telephone Expiration Date 9.3 General Contractor Network Building + Consult Ing. LLC Not Applicable 0 Company Name: Wayne Stott Responsible In Charge of Construction 2 Pillow Lace Lane, Beverly, MA 01915 Address .11-J - . (781) 603-2792 Versionl.7 Commercial Building Permit May 15,2000 8. NORTHAMPTON ZONING Existing Proposed Required by Zoning This column to be filled in by Building Department Lot Size n/a No chan>;e Frontage n/a No change Setbacks Front n/a n/a Side L:n/a R: n/a L:n/a R:n/a Rear n/a n/a Building Height n/a n/a Bldg.Square Footage n/a n/a % n/a n/a Open Space Footage % (Lot area minus bldg&paved n/a n/a n/a n/a parking) #of Parking Spaces n/a n/a Fill: volume&Location n/a n/a A. Has a Special Permit/Variance/Finding ever been issued for/on the site? NO Q DONT KNOW Q YES Q IF YES, date issued: 06/13/2006 IF YES: Was the permit recorded at the Registry of Deeds? NO Q DONT KNOW 0 YES IF YES: enter Book 8844 Page 141 and/or Document# B. Does the site contain a brook, body of water or wetlands? NO Q DONT KNOW Q YES Q IF YES, has a permit been or need to be obtained from the Conservation Commission? Needs to be obtained Q Obtained Q , Date Issued: C. Do any signs exist on the property? YES 0 NO IF YES, describe size, type and location: D. Are there any proposed changes to or additions of signs intended for the property? YES Q NO IF YES, describe size, type and location: E. Will the construction activity disturb(clearing,grading,excavation,or filling)over 1 acre or is it part of a common plan that will disturb over 1 acre? YES Q NO Q IF YES,then a Northampton Storm Water Management Permit from the DPW is required. Versionl.7 Commercial Building Permit May 15,2000 SECTION 4-CONSTRUCTION SERVICES FOR PROJECTS LESS THAN 35,000 CUBIC FEET OF ENCLOSED SPACE Interior Alterations ❑ Existing Wall Signs ❑ Demolition❑ Repairs❑ Additions ❑ Accessory Building❑ Exterior Alteration ❑ Existing Ground Sign❑ New Signs❑ Roofing[] Change of Use❑ Other El Brief Description Modification of existing telecommunications antenna facility- install three (3)rooftop antennas Of Proposed Work: in side stealth canisters and three(3) remote radio units (RRUs) in basement equipment room. SECTION 5-USE GROUP AND CONSTRUCTION TYPE USE GROUP(Check as applicable) CONSTRUCTION TYPE A Assembly ❑ A-1 ❑ A-2 ❑ A-3 ❑ 1A ❑ A-4 ❑ A-5 ❑ 1B ❑ B Business ❑ 2A ❑ E Educational ❑ 2B I ❑ F Factory ❑ F-1 ❑ F-2 ❑ 2C ❑ H High Hazard ❑ 3A ❑ 1 Institutional ❑ 1-1 ❑ 1-2 ❑ 1-3 ❑ 313 ❑ M Mercantile ❑ 4 ❑ R Residential ❑ R-1 ❑ R-2 ❑ R-3 ❑ 5A ❑ S Storage ❑ S-1 ❑ S-2 ❑ 5B ❑ U Utility ❑ Specify: M Mixed Use ❑ Specify: S Special Use El Specify: Modification of existing telecommunications antenna facility COMPLETE THIS SECTION IF EXISTING BUILDING UNDERGOING RENOVATIONS,ADDITIONS AND/OR CHANGE IN USE Existing Use Group: Proposed Use Group: Existing Hazard Index 780 CMR 34): Proposed Hazard Index 780 CMR 34): SECTION 6 BUILDING HEIGHT AND AREA BUILDING AREA EXISTING PROPOSED NEW CONSTRUCTION OFFICE USE ONLY Floor Area per Floor(sf) 1St 1St 2nd 2nd 3rd 3rd 4m 4"' Total Area(sf) Total Proposed New Construction(sf) Total Height(ft) Total Height ft 7.Water Supply(M.G.L.c.40,§54)AO 7.1 Flood Zone Information: �M#c4 7.3 Sewage Disposal System:a coo I`CAI C Public ❑ Private ❑ TACq6k Zone Outside Flood Zone❑ i Municipal ❑ On site disposal djstem❑ Versionl.7 Commercial Building Permit May 15,2000 r- Department use only of Northampton Status of Permit: (ding Department Curb Cut/Driveway Permit SEP u 12 Main Street Sewer/Septic Availability C! . Room 100 Water/Well Availability, c� < Plumbing& 1t ampton, MA 01060 Two Sets of Structural Plans . J;-rih,amptoni�l�. r -- 7-1240 Fax 413-587-1272 .. T'1 Plot/Site Plans Other Specify APPLICATION TO CONSTRUCT,REPAIR,RENOVATE,CHANGE THE USE OR OCCUPANCY OF,OR DEMOLISH ANY BUILDING OTHER THAN A ONE OR TWO FAMILY DWELLING SECTION 1 -SITE INFORMATION 1.1 Property Address: This section to be completed by office 76 Main Street Map Lot Unit Zone Overlay District Elm St.District CB District SECTION 2-PROPERTY OWNERSHIP/AUTHORIZED AGENT 2.1 Owner of Record: Trident Realty, c/o Hampshire Property Mgt. 150 Main St.,Northampton, MA 01061-0686 Name(Print) Current Mailing Address: (413) 650-6025 Signature (C e q Id congmt le tfc r Telephone 2.2 Authorized Anent•Martin Cohen 1355 Massachusetts Ave.,Lexington, MA 0 Name(Print) Current Mailing Address: ���' (781) 724-3272 1 Signature Telephone SECTION 3-ESTIMATED CONSTRUCTION COSTS Item Estimated Cost(Dollars)to be Official Use Only completed by ermit applicant 1. Building $12,500.00 (a)Building Permit Fee 2. Electrical (b)Estimated Total Cost of Construction from 6 3. Plumbing Building Permit Fee 4. Mechanical(HVAC) 5. Fire Protection 6. Total= (1 +2+3+4+5) f 2 SUS Check Number This Section For Official Use Only Building Permit Number Date Issued Signature: Building Commissioner/Inspector of Buildings Date File#BP-2015-0276 APPLICANT/CONTACT PERSON NETWORK BUILDING&CONSULTING LLC ADDRESS/PHONE 153 NORTHBORO RD-SUITE 19 SOUTHBORO (781)724-3272 PROPERTY LOCATION 76 MAIN ST 5 MAP 32C PARCEL 017 001 ZONE CB(100)/ FQ� THIS SECTION FOR OFFICIAL USE ONLY: QL PERMIT APPLICATION CHECKLIST ! ENCLOSED REQUIRED DATE ZONING FORM FILLED OUT Fee Paid Building Permit Filled out Fee Paid Typeof Construction:_MODIFY ANTENNA-INSTALL 3 ROOFTOP ANTENNAS&3 RRU'S IN BASEMENT EQUIP ROOM New Construction Non Structural interior renovations Addition to Existin Accessory Structure Building Plans Included: Owner/Statement or License _ 3 sets of Plans/Plot Plan THE FOLLOWING ACTION HAS BEEN TAKEN ON THIS APPLICATION BASED ON INFORMATION P SENTED: Approved Additional permits required(see below) PLANNING BOARD PERMIT REQUIRED UNDER:§ 14 TAISL e EN c�c1;TI nJ c� Intermediate Project: 1. Site Plan AND/OR Special Permit With Site Plan A r Major Project: Site Plan AND/OR Special Permit With Site Plan ZONING BOARD PERMIT REQUIRED UNDER: § V Finding Special Permit Variance* Received&Recorded at Registry of Deeds Proof Enclosed Other Permits Required: Curb Cut from DPW Water Availability Sewer Availability Septic Approval Board of Health Well Water Potability Board of Health Permit from Conservation Commission Permit from CB Architecture Committee Permit from Elm Street Commission Permit DPW Storm Water Management Demolition Delay PL, Signature of Building Official Date Note: Issuance of a Zoning permit does not relieve a applicant's burden to comply with all zoning requirements and obtain all required permits from Board of Health,Conservation Commission,Department of public works and other applicable permit granting authorities. * Variances are granted only to those applicants who meet the strict standards of MGL 40A. Contact Office of Planning&Development for more information.