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32C-017 (5)
PlanningBoard - Decision — - _< ' _ Cityo Northampton Hearing No.: PLN-2006-0051 Date: June 13, 2006 APPLICATION TYPE: SUBMISSION DATE: PB Intermediate Site Plan 5/2/2006 Applicant's Name: Owner's Name: Surveyor's Name: NAME: NAME: COMPANY NAME: Omnipoint Communications/T-Mobile TRIDENT REALTY CORP ADDRESS: ADDRESS: ADDRESS: c%Simon Brighenti,Jr., Esq. P.O. BOX 686 1350 Main St. TOWN: STATE: ZIP CODE: TOWN: STATE: ZIP CODE: TOWN: STATE: ZIP CODE: SPRINGFIELD MA 01103 NORTHAMPTON MA 01061-0686 PHONE NO.: FAX NO.: PHONE NO.: FAX NO.: PHONE NO.: FAX NO.: EMAIL ADDRESS: EMAIL ADDRESS: I EMA A pRES 4 s� t`� ' t r• �.. . ! i Site Information: j JUN 4 2006 `'� STREET NO.: SITE ZONING: oto`7'6 OMIT CB L �_ D T( 'C IN . tL4AS TOWN: SECTION OF BYLAW: "„ 01060 NORTHAMPTON MA 01060 Section 10.9: Telecommunications and Personal-Wireless FddllRles MAP: BLOCK: LOT: MAP DATE: ACTION TAKEN: $I T'V4' 001 Approved With Conditions ook: Page: 4821 319 NATURE OF PROPOSED WORK: Intallation of telecommunication facilities on top of an exisitng 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 removal as submitted by the applicant,whicheveris greater)to cover the cost of removal of the facilities in the event that antennas cease to be used and the owner fails to remove the 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 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 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 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.) 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 installation of 10'tall telecommunications facilities on top of the building at the subject property based on the plans submitted with the application. • In Granting the Site Plan Approval, the Planning Board determined that: GeoTMS®2006 Des Lauriers Municipal Solutions, Inc. �- Cit yob Northam Planning Board - Decision _. _ _ _. -� -.� � y' pton Hearing No.: PLN-2006-0051 Date: June 13, 2006 A. The requested use, for the T-mobile telecommunication antennas projecting 10'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 the brick. All other equipment will be housed out of view in the basement. B. The requested use will not detract from the convenience and safety of vehicular and pedestrian movement within the site and on adjacent 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 buildings and other community assets in the area. Though the towers will be visible, they will not detract from the overall streetscape. They are stepped back from the edge of the roof. D. The requested use will not effect 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. E. The request use meets all the special regulations set forth in the Zoning Ordinance in section 10.9. Locating on existing facilities is preferred by the City and fills a gap in service without adding towers within the City. F.The Planning Board found that the application complied with the following technical performance standards: 1. There will be no additional curb cuts. 2. Pedestrian, vehicular and bicycle traffic are not issues relative to this application. COULD NOT DEROGATE BECAUSE: FILING DEADLINE: MAILING DATE: HEARING CONTINUED DATE: DECISION DRAFT BY: APPEAL DATE: 5/18/2006 6/1/2006 6/22/2006 REFERRALS IN DATE: HEARING DEADLINE DATE: HEARING CLOSE DATE: FINAL SIGNING BY: APPEAL DEADLINE: 5/25/2006 7/6/2006 6/8/2006 6/22/2006 7/3/2006 FIRST ADVERTISING DATE: HEARING DATE: VOTING DATE: DECISION DATE: 5/25/2006 6/8/2006 6/8/2006 6/13/2006 SECOND ADVERTISING DATE: HEARING TIME: VOTING DEADLINE: DECISION DEADLINE: 6/1/2006 7:00 PM 9/6/2006 9/6/2006 MEMBERS PRESENT: • VOTE: George Russell votes to No Vote taken and/or recor Frances Volkmann votes to Grant Jennifer Dieringer votes to Grant Paul Voss votes to No Vote taken and/or recor Francis Johnson votes to Grant George Kohout votes to Grant Keith Wilson votes to Grant Kenneth Jodrie votes to Grant David Wilensky votes to Grant MOTION MADE BY: SECONDED BY: VOTE COUNT: DECISION: Keith Wilson David Wilensky 7-2 Approved with Conditions MINUTES OF MEETING: Available in the Office of Planning 8 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 13, 2006. I certify that a copy 9f 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. GeoTMS®2006 Des Lauriers Municipal Solutions,Inc. oil tf�,� tM L �l if z file#MP-2006-0107 APPLICANTICONTACT PERSON BRIGHENTI SIMON J JR ADDRESS/PHONE 1350 MAIN ST (413)747-1773() PROPERTY LOCATION 76 MAIN ST -. MAP 32C PARCEL 017 001 ZONE CB THIS SECTION FOR OFFICIAL USE ONLY: PERMIT APPLICATION CHECKLIST ENCLOSED REQUIRED DATE ZONING FORM ILLED OUT Fee Pai ill0 ce373 — Building Permit Filled out Fee Paid Tjpeof Construction: ZPA-INSTALL TELE COMM FACILITY New Construction Non Structural interior renovations Addition to Existing 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 PRESENTED: Approved t/Additional permits required(see below) PLANNING BOARD PERMIT REQUIRED UNDER: § Intermediate Project: Site Plan AND/OR Special Permit with Site Plan Major Project: Site Plan AND/OR Special Permit with Site Plan ZONING BOARD PERMIT REQUIRED UNDER: § 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 Co ' sion /40!Ctg? 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 the Office of Planning&Development for more information. File No. P f 4 0 OD PERMIT APPLICATION((io.2) \\ ', ease type o riri,t all information and return this form to the Building 'Inspect * wit \the$l5 filing fee (check or money order)payable to the " oobu City ofNorthampton J: Name of Applicant: Omnigo'nt Communications dba T—Nbbi 1 P Address: c/o Simon J. Brighenti, Jr., Esq. Telephone: (413) 747-1773 2. Owner of Property: Trident Realty Address: P.O. Box 686, Northampton, MA 01060 Telephone: 3. Status of Applicant: Owner Contract Purchaser Lessee X Other(explain) 4. Job Location: 76-78 Main Street Parcel Id: Zoning Map# Parcel# District(s): In Elm Street District In Central Business District (TO BE FILLED IN BY THE BUILDING DEPARTMENT) 5. Existing Use of Structure/Property: Commercial Property 6. Description of Proposed Use/Work/Project/Occupation: (Use additional sheets if necessary): Installation of telecommunication facility pursuant to attached plans 7. Attached Plans: Sketch Plan Site Plan Engineered/Surveyed Plans X 8. Has a Special Permit/Variance/Finding ever been issued for/on the site? NO DONT KNOW X YES IF YES, date issued: IF YES: Was the permit recorded at the Registry of Deeds? NO DONT K NOW YES IF YES: enter Book Page and/or Document# 9.Does the site contain a brook, body of water or wetlands? NO _ X DON'T KNOW YES IF YES, has a permit been or need to be obtained from the Conservation Commission? Needs to be obtained Obtained , date issued: (Form Continues On Other Side) W:\DocumentslFORMS\original\Building-Inspector\Zoning-Permit-Application-passive.doc 81412004 10. Do any signs exist on the property? YES X NO IF YES,describe size, type and location: Address, directional signs Are there any proposed changes to or additions of signs intended for the property? YES X NO IF YES,describe size, type and location: small informational signs on compound 11. Will the construction activity disturb (clearing, grading, excavation, or filling)over 1 acre or is it part of a common plan of development that will disturb over 1 acre? YES NO X IF YES, then a Northampton Storm Water Management Permit from the DPW is required. 12. ALL INFORMATION MUST BE COMPLETED, or PERMIT CAN BE DENIED DUE TO LACK OF INFORMATION This column reserved for use by the Building Department EXISTING PROPOSED REQUIRED BY ZONING Lot Size ± 3736 sq. ft no change proposed Frontage ± 60' no change proposed Setbacks Front all minimal no change proposed Side L: R: L: R: L: R: Rear Building Height ± 66' add 10' structures Building Square Footage no change %Open Space: (lot area minus building Et paved no change parking 1 #of Parking Spaces no change #of Loading Docks no change Fill: (volume &t location) no change 13. Certification: I hereby certify that the information contained herein is e a d accura o the best of my knowledge. Date: 2 ",' Applicant's Signature NOTE:Issuance of a zoning permit does not relieve anappli s burden to comply with all zoning requirements and obtain all required permits from and of Health,Conservation Commission, Historic and Architectural Boards,Departmof blic Works and other applicable permit granting authorities. W:\Documents\FORMS\original\Building-Inspector\Zoning-Permit-Application-passive.doc 8'4'2004 • File#MP-2006-0107 APPLICANT/CONTACT PERSON BRIGHENTI SIMON J JR ADDRESS/PHONE 1350 MAIN ST (413)747-1773 0 PROPERTY LOCATION 76 MAIN ST MAP 32C PARCEL 017 001 ZONE Cl THIS SECTION FOR OFFICIAL USE ONLY: PERMIT APPLICATION CHECKLIST ENCLOSED REQUIRED DATE ING FORM F LED OUT �,�pp �J� Pre Pai /0/O c(�Y 2 Building Permit Filled out Fee Paid Typeof Construction: ZPA-INSTALL TELE COMM FACILITY New Construction Non Structural interior renovations Addition to Existing 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 INFQ4MATION PRESENTED: Approved Additional permits required(see below) PLANNING BOARD PERMIT REQUIRED UNDER: § Intermediate Project: Site Plan AND/OR Special Permit with Site Plan Major Project: Site Plan AND/OR Special Permit with Site Plan ZONING BOARD PERMIT REQUIRED UNDER: § 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 Co 'ssion 9 2 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 the Office of Planning&Development for more information. 111111111 Planning Board - Decision Bk:8844Pg: 141 Page: 1 of 3 City of Northampton Recorded: 08/18/2006 01:06 PM Hearing No.: PLN-2006-0051 Date: June 13, 2006 APPLICATION TYPE: SUBMISSION DATE: PB Intermediate Site Plan 5/2/2006 Applicant's Name: Owner's Name: Surveyor's Name: NAME: NAME: COMPANY NAME: Omnipoint Communications/T-Mobile TRIDENT REALTY CORP ADDRESS: ADDRESS: ADDRESS: do Simon Brighenti,Jr.,Esq. P.O.BOX 686 1350 Main St. TOWN: STATE: ZIP CODE: TOWN: STATE: ZIP CODE: TOWN: STATE: ZIP CODE: SPRINGFIELD MA 01103 NORTHAMPTON MA 01061-0686 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 CB TOWN: SECTION OF BYLAW: NORTHAMPTON MA 01060 Section 10.9: Telecommunications and Personal Wireless Facilities MAP: BLOCK: LOT: MAP DATE: ACTION TAKEN: 32C 017 00i Approved With Conditions Book: Page: 4821 319 wv'/1 NATURE OF PROPOSED WORK: Intallation of telecommunication facilities on top of an exisitng building. 6 HARDSHIP: CONDITION OF APPROVAL: % 1. Prior to issuance of a building permit,the applicant must obtain sign off from the'bffice of Planning 8.Development(OPD)indicating that: The applicant has posted a performance guarantee,of$25,000(or 1.5 times estimated cost of removal as submitted by the applicant,whichever is greater)to cover the cost of removal of the facilities in the event that antennas cease to be used and the owner fails to remove the 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 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 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 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.) 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 installation of 10'tall telecommunications facilities on top of the building at the subject property based on the plans submitted with the application. In Granting the Site Plan Approval, the Planning Board determined that: GeoTMS®2006 Des Lauriers Municipal Solutions,Inc. r 4 Planning Board - Decision City of Northampton Hearing No.: PLN-2006-0051 Date: June 13, 2006 A. The requested use,for the T-mobile telecommunication antennas projecting 10'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. All other equipment will be housed out of view in the basement. B. The requested use will not detract from the convenience and safety of vehicular and pedestrian movement within the site and on adjacent 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 buildings and other community assets in the area. Though the towers will be visible, they will not detract from the overall streetscape. They are stepped back from the edge of the roof. D. The requested use will not effect 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. E. The request use meets all the special regulations set forth in the Zoning Ordinance in section 10.9. Locating on existing facilities is preferred by the City and fills a gap In service without adding towers within the City. F.The Planning Board found that the application complied with the following technical performance standards: 1. There will be no additional curb cuts. 2. Pedestrian, vehicular and bicycle traffic are not issues relative to this application. COULD NOT DEROGATE BECAUSE: FILING DEADLINE: MAILING DATE: HEARING CONTINUED DATE: DECISION DRAFT BY: APPEAL DATE: 5/18/2006 6/1/2006 6/22/2006 REFERRALS IN DATE: HEARING DEADLINE DATE: HEARING CLOSE DATE: FINAL SIGNING BY: APPEAL DEADLINE: 5/25/2006 7/6/2006 6/8/2006 6/22/2006 7/3/2006 FIRST ADVERTISING DATE: HEARING DATE: VOTING DATE: DECISION DATE: 5/25/2006 6/8/2006 6/8/2006 6/13/2006 SECOND ADVERTISING DATE: HEARING TIME: VOTING DEADLINE: DECISION DEADLINE: 6/1/2006 7:00 PM 9/6/2006 9/6/2006 MEMBERS PRESENT: VOTE: George Russell votes to No Vote taken and/or recor Frances Volkmann votes to Grant 1 I5©L Jennifer Dieringer votes to Grant o Paul Voss votes to No Vote taken and/or recor JUN 1 3 2006 Francis Johnson votes to Grant CITY CLERKS OFFICE George Kohout votes to Grant NORTHAMPTON MA 01060 Keith Wilson votes to Grant Kenneth Jodrie votes to Grant David Wilensky votes to Grant MOTION MADE BY: , SECONDED BY: VOTE COUNT: DECISION: Keith Wilson David Wilensky , 7-2 Approved with Conditions MINUTES OF MEETING: Available in the Office of Planning 8 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 13, 2006. I certifycopyf this de that a sidtr(jhis been mail to the Owner and Applicant. Ctill \ tYtkP t'‘ 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. GeoTMS®2006 Des Lauriers Municipal Solutions,Inc. July 5 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 matter. Attest: ' City Clerk-City of Northampton O'Connell,Flaherty,and Alban 1350 f,,^in Street �y�, " spngs-,a/4 01103 , ATTEST: BAMP8HIRE, S91ej1 ICQISTER ""9 MARTATME L. DONOHTJE • The foregoing is a true �copy of the record in Book 2�S 144 , Page 1L`( , of the Hampshire County Regist hof eeds. Date b p ATTEST: &Alan/70,c .0471,10 REGISTER