HomeMy Public PortalAbout4_Planning Board Report Final TOWN OF WATERTOWN
1630 Department of
Community Development and Planning
r, PLANNING BOARD
�- Board Members:
Administration Building John B. Hawes,Jr.,
149 Main Street Chairman
Watertown, MA 02472 Jeffrey W. Brown
Phone: 617-972-6417 Fergal Brennock
Fax: 617-972-6484 Janet Buck
www.watertown-ma.gov Gary Shaw
PLANNING BOARD REPORT
On December 14, 2016, with five (5) members of the Planning Board (Board) present, case number ZBA-
2016-18, a Telecommunications Variance/Special Permit,was considered. This case is scheduled to be
heard by the Zoning Board of Appeals(ZBA) on December 21, 2016. The Board submits the following
Report, as requested by the ZBA,to aid the ZBA in deciding on the application before it.
CASE# ZBA-2016-18 TCA Use Variance/Special Permit
SUBJECT PROPERTY: 100 Warren Street
PARCEL ID#: 610 4 24B
ZONING DISTRICT: Cluster Residential (CR)
PETITIONER: Cellco Partnership d/b/a Verizon Wireless
AGENT: Victor Manougian, Attorney, McLane & Middleton
ADDRESS OF PETITIONERS AGENT: 900 Elm Street, P.O. Box 326, Manchester, NH, 03105
OWNER: Watertown Housing Authority, 55 Waverley Avenue
ZONING RELIEF SOUGHT: TCA Use Variance: Wireless Telecommunications
Facilities
GRANTING AUTHORITY: Zoning Board of Appeals
DATE OF STAFF REPORT: December 8, 2016
BOARD&STAFF RECOMMENDATION: (5-0) Conditional Approval
DATE OF PLANNING BOARD MEETING December 14, 2016
DATE OF ZBA MEETING Scheduled December 21, 2016
100 Warren Street Cell Site December 14, 2016
ZBA-2016-18 Planning Board Report
I. PUBLIC NOTICE (M.G.L. c. 40A, §111
A. Procedural Summary
Petition ZBA-2016-18 (TCA Variance/SP)was considered by the Planning Board on December 14,
2016 and is scheduled to be heard by the Zoning Board of Appeals on December 21, 2016. As
required by M.G.L. c. 40A, sec.11 and the Watertown Zoning Ordinance, notice was given as follows:
• Published in the newspaper of record (Watertown TAB) on 12/2/16 and 12/9/16;
• Posted at the Town Administration Building on 11/30/16; and,
• Mailed to Parties in Interest on 11/30/16
B. Legal Notice
"Cellco Partnership d1b/a Verizon Wireless, %McLane Middleton, PA,900 Elm Street, Manchester, NH 03101,
herein requests the Zoning Board of Appeals grant a Telecommunications Variance and Special Permit in
accordance with Watertown Zoning Ordinance§5.13(a)(1), Wireless Telecommunications,so as to install rooftop,
12 panel antennas and related telecommunications equipment within a fiberglass enclosure as well as a natural
gas fueled generator. CR(Cluster Residential)Zoning District. ZBA-2016-18"
II. DESCRIPTION:
A. Site Characteristics:
The subject property is a 101,059 square foot parcel (2.32 acres) owned by the Watertown Housing
Authority. It contains two garden style, multi-story apartment buildings known as the E.Joyce Munger
Apartments. One building (4-stories) contains 50 units, the other(5-stories) has 72,for a total of 122
rental apartments.The total building area is 95,519 square feet, and covers approximately 25%of the
site,with the balance being lawns, retaining walls, paved parking areas and trees. The buildings were
completed in 1983, and renovated in 2011-2012. The site has parking for 60 vehicles.
B. Surrounding Land Use:
Directly across Warren Street are the Chatham Condominiums, located in the Residential (R.75) zoning
district. Sienna Village Townhouse Condominiums, Saint Joseph Hall and the former convent building (1
Rosary Drive) directly abut 100 Warren Street, and are located in the Cluster Residential zoning district.
Saint Joseph Hall (2 Rosary Drive) is owned by Metro West Collaborative Development, and provides
affordable rental housing. To the East and West are a mix of single and two-family homes in the Two-
Family(T) residential zone.
C. Nature of the Request:
According to an updated application submitted by Email on 12/5/16,the Petitioner requests a permit,
requiring a Telecommunications Act of 1996 (TCA) Use Variance from §5.13(a)(2),for the installation of
twelve (12) panel antennas (4 per sector) concealed behind Radio Frequency(RF)friendly four-sided
screen installed on the roof of Building B at 100 Warren Street. The roof-top installation also includes
associated antenna equipment(remote radio heads, surge arrestors, coax cables, cable trays, and GPS
antennas), a 15Kw natural gas fired generator, battery cabinet, and conduits for the generator's natural
gas supply and telecommunications connections to the ground through an internal trash/recycling
chute.
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100 Warren Street Cell Site December 14, 2016
ZBA-2016-18 Planning Board Report
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View from Sienna Village Condominiums Building B-proposed for rooftop cell
D. Public Comments:
As of the date of this Planning Board Report, no written public comments were received by the
Department of Community Development& Planning (DCDP), or provided at the Board meeting on
December 14, 2016.
At the Board meeting, Kate Coyne asked about the notification to residents, and the number of wireless
facilities that could be allowed at the site. DCDP staff responded that once one wireless company's
installation is approved, as many additional wireless facilities can be permitted, so long as they follow
what was outlined in the original final approval.
E. Relevant Permitting History
There are no relevant permits, according to Town records,that materially affect the request for a TCA
Variance or Special Permit.
Ill. FINDINGS
A. Plan Consistencv
Watertown's existing plans, including the 2015 Comprehensive Plan, do not specifically address wireless
facilities.
B. Federal Telecommunications Act of 1996 (TCA) Use Variance from §5.13(a)(1) of Special Permit
criteria for Wireless Telecommunication Facilities:
The Federal Telecommunications Act of 1996 (as amended) mandates that local land use regulations not
prohibit or have the effect of prohibiting the provision of personal wireless services. The Board must
determine whether the location sought by the Petitioner will cover a significant gap in its signal
coverage and that there are no other feasible alternative sites to cover the same gap.
In terms of the need for a new site,Verizon's Radio Frequency (RF) Design Engineer states "Verizon
determined that much of northwestern Watertown is without reliable service"along and around
Lexington Street, Warren Street, Orchard Street, near the Cunniff Elementary School, and in the general
area surrounding the proposed new cell site. The RF Design Engineer states the site will "provide
additional capacity and coverage needed in the targeted areas currently being served by existing sites,
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100 Warren Street Cell Site December 14, 2016
ZBA-2016-18 Planning Board Report
which will soon exhaust their capacity limits..."(11/2/16 Report of Radio Frequency Design Engineer) In
crafting the RF Report,the RF Design Engineer conducted a search of existing, permitted and planned
Verizon-only roof-top, steeple and monopole cellular facilities.
Verizon uses a separate company, acting as a consultant,to assist in locating potential sites for new
facilities that meet the requirements set by the RF Design Engineer. In a PDF received by DCDP staff by
Email on 12/7/16,the site search consultant states that she "learned that there were no existing towers
or cell sites in the search area." She notes that existing structures in the search area were assessed to
determine if they would provide the required height specified by the RF Design Engineer. She notes the
RF Design Engineer expressed interest in a 4-story apartment complex located at 9 Lowell Avenue in the
center of the search area. However, the property owner did not express interest in a lease with Verizon
Wireless. The site search consultant then notes there were no other properties in the search area that
were of adequate height for Verizon to use to fill what it believes is a gap in service.
Based on this information,the Planning Board finds that no suitable alternative locations have been
identified to eliminate the coverage gap; therefore,the Town must allow the proposed use.
§5.13(a)Wireless Telecommunications Facilities
1. Be located within one of the following zoning districts: CB, LB, 1-1, 1-2, 1-3,&CR.
Met: 100 Warren Street is in the Cluster Residential (CR) zoning district,which is identified as a District
where wireless facilities can be located.
2. Not be located on a structure containing residences nor within 50 feet of a residential zone or
any structure containing a residential use.
Conditionally Met:A TCA variance is sought for this criterion. The structure the Petitioner wants to use
for its roof-top installation contains residential apartments, and is also within 50 feet of other
apartments and dwellings. The Board finds that a TCA Variance for this site is appropriate because the
Petitioner has shown that there are no feasible alternatives to the proposed site.
3. In the case of antennas mounted on buildings or structures,shall not extend 15 feet above the
height of such structure or building.
Met:The proposed project is the addition of cellular and related equipment to an existing 64-foot tall
residential apartment building. If approved as proposed,the maximum height of the cellular equipment
would sit at 69 feet. As such,the Board finds this criterion has been met.
4. In the case of a tower, not exceed the height allowed in the zoning district.
Met:The Petitioner is proposing an antenna installation on an existing building. As such,the Board
finds this criterion is not applicable.
5. Be fully concealed or camouflaged,i.e. disguised,shielded, hidden, or made to appear as an
architectural component of an existing or proposed structure.
Conditionally Met:The proposed installation, including the generator and battery cabinet, will either be
concealed, or otherwise shielded by an enclosure and the roofline of the existing building.This is shown
in the photo simulations included with the Petitioner's application. Enclosing and shielding the roof-top
equipment is particularly important, because of the proximity to residential areas, and because it is
likely the Munger Apartments will be sought out as a cell site by other telecommunications companies
for their equipment.
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100 Warren Street Cell Site December 14, 2016
ZBA-2016-18 Planning Board Report
The Board recommends that if the project is approved with the generator and other equipment on the
roof, the use of the trash/recycling disposal chute as a utility raceway for the telecommunications,
electrical and natural gas lines will have to receive Building Department approval. This may include
verifying that the chute has been abandoned, and sealed, so it cannot act as a conduit for fire spread
between floors.
IV. BOARD&STAFF RECOMMENDATION:
At the Board meeting,the Planning Board discussed the size and location of the proposed emergency
generator. They discussed whether it should be sized to accommodate potential future carriers, and
whether or not it should be on the roof, or placed on the ground. The Board deliberated, and voted to
allow the Petitioner to install a roof top gas-fired generator as proposed. The Board also considered
staff recommended conditions to require battery backup only, and to require that the proposed
generator be placed on the ground, and installed to accommodate a connection by other
telecommunications companies that may locate at the site. The Board was not persuaded that these
conditions were needed, and voted to strike them from the Planning Board report and conditions
matrix.
The Planning Board (5-0) and DCDP staff recommend a conditional approval of a TCA Variance/Special
Permit as the request meets the criteria set forth in Section 5.13(a). The Petitioner has shown the
proposed location will cover a gap in its signal coverage.
# Conditions Compliance Verified By
Timeframe
Approval is for the installation of a wireless facility with
twelve(12)panel antennas and associated equipment and
cabling.The Control Plans shall be:
A. Title Sheet,Sheet T-1, Verizon Wireless, Watertown
3 MA C-RAN, 100 Warren Street, latest date of
10/14/16,stamped by Benjamin B. Revette,Civil
Engineer, Dewberry Engineers
B. 300 foot Abutters Map,Sheet Z-1, latest date of BP/
1 10/14/16 Perpetual ZEO/ISD
C. Roof&First Floor Plans,Sheet Z-2, latest date of
10/14/16
D. Equipment&Screenwall Plans,Sheet Z-3, latest
date of 10/14/16
E. North Elevation & Partial Roof Section,Sheet Z-4,
latest date of 10/14/16
F. Isometric Views,Sheet Z-5, latest date of 10/14/16
Modifications: Neither the Petitioner nor any present or
future owner of any interest in the project shall change or
modify either the control plans referenced in this decision,
or the project itself,without first filing a formal request with
2 the DCDP for an opinion as to whether or not such change Perpetual ZEO/ISD
or modification requires further review from the Special
Permit Granting Authority. Minor modifications may be
considered and approved by the DCDP Director that are
found to be consistent with the project approval granted by
the Special Permit Granting Authority.
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100 Warren Street Cell Site December 14, 2016
ZBA-2016-18 Planning Board Report
# Conditions Compliance Verified By
Timeframe
Recording: Upon application for a Building Permit,the
3 Petitioner shall provide evidence to the Zoning Enforcement BP ZEO
Officer that this entire decision has been filed with the
Registry of Deeds.
Compliance with Applicable Requirements: The Petitioner
4 shall comply with all other applicable local,state, and Perpetual ZEO/ISD
federal requirements,ordinances,and statutes.
Building Permit: A copy of the Building Permit with final
5 approval signatures from all relevant inspectors must be At Final ISD
submitted to the Zoning Enforcement Officer upon Inspection
completion of the project.
Duty to Maintain: The Petitioner shall maintain the
6 antennas and appurtenant facilities in good condition at all Perpetual ZEO
times and shall inspect them on a regular basis.
Abandonment&Removal: The Petitioner will be subject to
7 Section 5.13(b)of the Ordinances of the Town of Watertown Perpetual ZEO
regarding Removal of Abandoned Facilities.
Signage: There shall be no signs posted at the wireless
communication facility,except for the required signs
8 identifying the facility,the operator,and an emergency Perpetual ZEO
telephone number where the operator can be reached at
any time.
Screening: The screening materials for the rooftop
9 equipment shall be maintained and shall seamlessly match Perpetual DCDP/ISD/ZEO
the existing exterior materials/wall, and any future rooftop
wireless installations on the building.
Lapse of Approval: In accordance with WZO§9.13&§9.14,
Special Permits and Variances shall lapse one year from the
10 date of grant if substantial use has not commenced except Perpetual ZEO
for good cause,or, in the case of a permit for construction, if
the construction has not begun by such date except for
good cause,or as allowed by State or Federal law.
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100 Warren Street Cell Site December 14, 2016
ZBA-2016-18 Planning Board Report
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