44-014 (30) Planning Board - Decision City ofrthampton
Hearing No.: PLN-2004-0067 Date: June 23, 2004
APPLICATION TYPE: SUBMISSION DATE:
PB Special Permit with Intermediate 3/30/2004
Applicant's Name: Owner's Name: Surveyor's Name:
NAME: NAME: COMPANY NAME:
OMNIPOINT HOLDINGS INC VERRILLO GIL F
ADDRESS: ADDRESS: ADDRESS:
100 FILLEY ST 254 OLD WILSON RD
TOWN: STATE: ZIP CODE: TOWN: STATE: ZIP CODE: TOWN: STATE: ZIP CODE:
BLOOMFIELD CT 06002 FLORENCE MA 01062
PHONE NO.: FAX NO.: PHONE NO.: FAX NO.: PHONE NO.: FAX NO.:
(413)237-1550
EMAIL ADDRESS: EMAIL ADDRESS: EMAIL ADDRESS:
Site Information:
- SITE ZONING:
SR
OWN: SECTION OF BYLAW: 'a 1V
FLORENCE MA 01062 Section 10:Special Permit
MAP DATE: ACTION TAKEN: 1
001 Approved With Conditions
•o : Page: f J U N 2 4 2004
2189 218
NATURE OF PROPOSED WORK: DEFT Of BUILDING INSPECTIONS
Construct 150'multiple-carrier cell tower and installation of associated computer equipment. NORTHAMP+ON,MA 01060 ,I
HARDSHIP:
CONDITION OF APPROVAL:
1.Prior to issuance of a building permit, the applicant must obtain sign off from the Office of Planning
8,Development(OPD)indicating the following have been met:
a)Either the applicant shall provide to OPD a signed lease agreement or a copy of a letter of intent
for at least one additional carrier who will co-locate on this tower OR five(5)months from the date of
this decision has expired during which time the applicant has attempted to obtain a letter of intent
from a second carrier.
b)Owners must provide to the OPD a record of the site location,coordinates, elevation, available
space at each height,existing frequencies in use,and the name and contact number for any
interested user. This information shall be updated as necessary and confirmed at least annually.
c)Applicant shall provide certification to support that the maximum allowable frequencies,power
levels granted by the Federal Communications Commission(FCC) will not be exceeded. Certification
shall include technical specifications,an explanation of those specifications,and,if necessary, field
verification.
d) The applicant must post a performance guarantee,of$30,000 to cover the cost of removal in the
event that the tower ceases to be used and the owner fails to remove the tower 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 the Planning Board to draw on the letter is to
notify the financial institution(grantor)that:
"We have incurred liability by reason of the failure of the applicant/developer/owner to dismantle the
telecommunications tower that has 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 tower will be returned to the grantor."
Such bond, deposit of money or negotiable securities,shall be approved as to form, the surety or
financial institution,and manner of execution 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.)
e) The applicant must provide an inspection schedule to OPD.
GeoTMS®2004 Des Lauriers Municipal Solutions,Inc.
Planning Board - Decision City of Northampton
Hearing No.: PLN-2004-0067 Date: June 23, 2004
2. The applicant shall remove any Telecommunications Facility that ceases to be used for its intended
purpose for twelve(12)consecutive months.
3. This facility shall be maintained in good order and repair. Any paint and finish must be maintained
and repaired when the blemishes are visible from the property line. Copies of inspection reports in
accord with the schedule established in 1(d)above must be submitted to the Building Commissioner.
•
4. The monopole shall be a flush mount galvanized steel pole.
5.As offered by the applicant,emergency equipment for the City of Northampton shall be placed at no
charge,if equipment is provided.
The Planning Board granted the special permit for the new 150'monopole telecommunications tower with site plan based on the
following information submitted with the application:
1. Supplement to Special Permit Application for Approval of a Wireless Telecommications Device,by Omnipoint Holdings,Inc.,
Subsidiary of T-Mobile, date stamped 4/22/04.
The Board found that:
1. The requested use protects adjoining premises against seriously detrimental uses. The tower is located on the edge of the hill and not
on the top so the visual impacts will be miminized. There will be no flashing lights on the tower and the design will ensure as low a
profile as possible.
2. The requested use will promote the convenience and safety of vehicular and pedestrian movement within the site and on adjacent
streets, minimize traffic impacts on the streets and roads in the area. There will be no personnel on site and traffic will be limited to
maintenance checks only. The base of the tower will be fenced and away from pedestrian and/or vehicle conflicts.
3. The requested use will promote a harmonious relationship of structures and open spaces to the natural landscape,existing buildings
and other community assets in the area. The pole profile will be minimized to be as unobtrusive as feasible.
4. The requested use will not overload,and will mitigate adverse impacts on, the City's resources including the effect on the City's water
supply and distribution system,sanitary and storm sewage collection and treatment systems,fire protection,streets and schools,as no
services will be demanded/affected by the location of the tower;and
5. The requested use meets special regulations set forth in the Zoning Ordinance under section 10.9. Specifically:
a. The applicant has demonstrated that it is not feasible to locate their antenna(s)and facilities on an existing tower or building which
will provide coverage for the gap shown in the Radio Frequency analysis. There are no other facilities in other districts or on municipal
facilities within the vicinity that will provide the coverage. The applicant provided documenation that the cable company tower at
Florence Road and Route 66 was unwilling to negotiate with the provider.
b. The new tower is designed to the maximum extent which is practical and technologically feasible, for co-location of
telecommunications antennas,including designing to accommodate at least three telecommunication providers, offering space to all
other telecommunication providers at market rates,and providing for towers that can be expanded upward. The tower is designed for 3
providers.
c. Telecommunications Facilities shall be designed,located and buffered, to the maximum extent which is practical and
technologically feasible,to ensure compatibility with surrounding land uses. A flush mounted galvanized steel monopole was selected
to have the least impact;
d. The tower is designed and sited to avoid application of FAA lighting and painting requirements.
e. Towers shall not contain any signs or advertising devices.
f.Fencing must be designed to be as unobtrusive as possible.
g.Radio-Frequency Effect was analyzed and complies with Federal Communications Commission(FCC)designated frequencies,
power levels and standards,
h. The Board granted a reduction in the setback from the requirement of twice the distance equal to its height,based on the fact that
the pole was setback more than its height,it is designed to collapse,and there are no structures within the property within this
vicinity.
6. The requested use bears a positive relationship to the public convenience or welfare. The use will not unduly impair the integrity of
character of the district or adjoining zones, nor be detrimental to the health,morals,or general welfare. The use shall be in harmony with
the general purpose and intent of the Ordinance.
COULD NOT DEROGATE BECAUSE:
FILING DEADLINE: MAILING DATE: HEARING CONTINUED DATE: DECISION DRAFT BY: APPEAL DATE:
4/22/2004 5/6/2004 6/10/2004 6/24/2004
REFERRALS IN DATE: HEARING DEADLINE DATE: HEARING CLOSE DATE: FINAL SIGNING BY: APPEAL DEADLINE:
4/29/2004 6/3/2004 6/10/2004 6/24/2004 7/13/2004
FIRST ADVERTISING DATE: HEARING DATE: VOTING DATE: DECISION DATE:
4/29/2004 5/13/2004 6/10/2004 6/23/2004
SECOND ADVERTISING DATE: HEARING TIME: VOTING DEADLINE: DECISION DEADLINE:
5/6/2004 8:10 PM 9/8/2004 9/8/2004
MEMBERS PRESENT: VOTE:
GeoTMS®2004 Des Lauriers Municipal Solutions,Inc.
,i
Planning Board - Decision City of Northampton
Hearing No.: PLN-2004-0067 Date: June 23, 2004
William Letendre votes to Grant
Paul Voss votes to Grant
Francis Johnson votes to Grant
George Kohout votes to Grant
Keith Wilson votes to Grant
Paul Diemand votes to Grant
Kenneth Jodrie votes to Grant
MOTION MADE BY: SECONDED BY: VOTE COUNT: DECISION:
William Letendre Francis Johnson 7 Approved with Conditions
MINUTES OF MEETING:
Available in the Office of Planning&Development.
I, Carolyn Misch,as agent to the Planning Board, certify that this is a true and accurate decision made by the Planning Board and certify
that a copy of this and all plans have been filed with the Board and the City Clerk on
June 23,2004
I certify that a copy of this decision has been mailed to the Owner and Applicant
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