11-002 Cell Tower Planning Board special permitPlanning - DecisionCity of Northampton
Hearing No.:PLN-2012-0003Date: September 13, 2011
APPLICATION TYPE:SUBMISSION DATE:
PB Special Permit with Intermediate 7/29/2011
Applicant's Name:Owner's Name:
NAME: NAME:
Global Tower Assets LLCNORTHAMPTON CITY OF SMITH SCHOOL
ADDRESS:ADDRESS:
c/o Elizabeth R. Thompson, Esq.80 LOCUST ST
238 Littleton Rd, Suite 205B
TOWN:STATE:ZIP CODE:TOWN:STATE:ZIP CODE:
WESTFORDMA01886NORTHAMPTONMA01060
PHONE NO.:FAX NO.:
PHONE NO.:FAX NO.:
(781) 569-6555
EMAIL ADDRESS: EMAIL ADDRESS:
ethompson@dkp-law.com
Site Information:Surveyor's Name:
STREET NO.:COMPANY NAME:
SITE ZONING:
HAYDENVILLE RD
RR/SR(100)/URA//RI/WP/WSP
TOWN:ADDRESS:
ACTION TAKEN:
NORTHAMPTON MA 01060
Approved With Conditions
MAP:BLOCK:LOT:MAP DATE:
SECTION OF BYLAW:
11002001
Chpt 350- 10.9: Telecommunications and
TOWN:STATE:ZIP CODE:
Personal Wireless Facilities
Book:Page:
1267217
PHONE NO.:FAX NO.:
EMAIL ADDRESS:
NATURE OF PROPOSED WORK:
Construct 190' Cellular Communications Tower
HARDSHIP:
CONDITION OF APPROVAL:
1)Prior to construction, the applicant must submit a bond, in accordance with City Standards, sufficient
to cover the costs of tower and facilities removal. The amount shall be determined by Office of
Planning & Development.
FINDINGS:
The Planning Board approved the application for a special permit for construction of a new 190' tall cellular tower based on the following
plans and information submitted with the application.
1. Global Tower Partners Plan Set, by ProTerra Design Group LLC Dated 7/7/2011. 14 Plan Sheets.
2. Supporting Documentation, RF analysis, Photoshop analysis etc.
The Board approved a waiver from the required double height setback with documentation that it would not fall outside a 190'
circumference.
In granting the permit, the Board found that the criteria in section 10 for special permits had been met and specifically the following
required elements from 10.9 had been met:
(1) Siting. The applicant proved through RF analysis that there is no other tower that can provide coverage outside the residential zone or
on existing facilities. AT&T, one of the co-applicants had previously been on the VA water tower, which has subsequently been
demolished by the VA.
(2) Collocation. Global Tower has space for 5 providers in addition to space for city facilities. Two co-applicants are signed to take slots.
(3) Aesthetics. Telecommunications facilities have been designed, located and buffered, to the maximum extent which is practical and
technologically feasible, to ensure compatibility with surrounding land uses. No additional screening is necessary due to the location
setback from the road by 1,000+' and within the Smith Vocational Forestry/heavily wooded property.
(4) Radio frequency effect. All telecommunication facilities will be operated only at Federal Communications Commission (FCC)
designated frequencies, power levels and standards, and that the applicant shall provide certification to support that the maximum
allowable frequencies, power levels and standards will not be exceeded. Certification has been submitted.
(5) Dimensional and density regulations have been met with the allowed waiver for the lesser setback.
(6) Removal of tower: The applicant shall remove any telecommunications facility that ceases to be used for its intended purpose for 12
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Planning - DecisionCity of Northampton
Hearing No.:PLN-2012-0003Date: September 13, 2011
consecutive months. The Planning Board required a performance guarantee to insure that unused facilities are removed as part of this
decision.
(7) Maintenance of telecommunications facility. All telecommunications facilities 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. The applicant must provide an
inspection schedule and file copies of inspections with the Building Commissioner.
COULD NOT DEROGATE BECAUSE:
FILING DEADLINE:MAILING DATE:HEARING CONTINUED DATE:DECISION DRAFT BY:APPEAL DATE:
8/18/20119/1/20119/22/2011
REFERRALS IN DATE:HEARING DEADLINE DATE:HEARING CLOSE DATE:FINAL SIGNING BY:APPEAL DEADLINE:
8/25/201110/2/20119/8/20119/22/201110/3/2011
FIRST ADVERTISING DATE:HEARING DATE:VOTING DATE:DECISION DATE:
8/25/20119/8/20119/8/20119/13/2011
SECOND ADVERTISING DATE:HEARING TIME:VOTING DEADLINE:DECISION DEADLINE:
9/1/20119:45 PM12/7/201112/7/2011
MEMBERS PRESENT:VOTE:
Andrew Weirvotes toGrant
Marilyn Richardsvotes toGrant
Katharine G. Bakervotes toGrant
Stephen Gilsonvotes toGrant
Jennifer Dieringervotes toGrant
Mark Sullivanvotes toGrant
Francis Johnsonvotes toGrant
MOTION MADE BY:SECONDED BY:VOTE COUNT:DECISION:
Marilyn RichardsFrancis Johnson7Approved 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 the date shown above.
I certify that a copy of this decision has been mailed to the Owner and Applicant.
___________________________________
Notice of Appeal
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 filing of the notice of the decision with the City Clerk. The date is listed above. Such
appeal may be made to the Hampshire Superior Court with a certified copy of the appeal sent to the City Clerk of the City of Northampton.
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