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HomeMy Public PortalAbout143 Walnut St - ZBA decisionTOWN OF WATERTOWN Zoning Board of Appeals Administration Building 149 Main Street WATERTOWN, MASSACHUSETTS 02472 Melissa M. SantucciRozzi, Chairperson David Ferris, Clerk Christopher H. Heep, Member John G. Gannon, Member Kelly Donato, Member Telephone (617) 972-6427 Facsimile (617) 926-7778 www.watertown-ma.gov Louise Civetti, Zoning Assistant Zoning Board of Appeals Decision On June 27, 2018 with five (5) members of the Zoning Board of Appeals (Board) present, case number ZBA-2018-17, a TCA Variance/Special Permit, was considered. This following is the decision of this board. CASE # SUBJECT PROPERTY: PARCEL ID#: ZONING DISTRICT: PETITIONER: AGENT: OWNER: ZONING RELIEF SOUGHT: GRANTING AUTHORITY: STAFF RECOMMENDATION: PLANNING BOARD RECOMMENDATION: ZONING BOARD OF APPEALS DECISION: RECORDED WITH TOWN CLERK: ZBA-2018-17 TCA Use Variance/Special Permit 143 Walnut Street 1034 6 0 Industrial -3 (1-3) Cellco Partnership d/b/a Verizon Wireless Victor Manougian, Attorney, McLane & Middleton 900 Elm Street, P.O. Box 326, Manchester, NH 03105 Verizon New England, Inc. f/k/a New England Telephone and Telegraph 143 Walnut Street, Watertown, MA TCA Use Variance: Wireless Telecommunications Facilities Zoning Board of Appeals Conditional Approval, June 5, 2018 Conditional Approval, June 13, 2018 Conditional Approval, June 127, 2018 July 11, 2018 143 Walnut Street Cell Site ZBA-2018-17 July 11, 2018 Decision I. PUBLIC NOTICE (M.G.L. c. 40A, §11) A. Procedural Summary Petition ZBA-2018-17 (TCA Variance) was heard by the Zoning Board of Appeals on June 27, 2018. 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 6/8/18 and 6/15/8; • Posted at the Town Administration Building on 5/30/18; and, • Mailed to Parties in Interest on 5/30/18 B. Legal Notice "Cellco Partnership d/b/a Verizon Wireless, c/o McLane Middleton, PA, 900 Elm Street, Manchester, NH 03101, herein requests the Zoning Board of Appeals grant a Telecommunications Act Variance in accordance with Watertown Zoning Ordinance §5.13, Wireless Telecommunications Facilities, so as to install 6 panel antennas plus equipment cabinets. 1-3 (Industrial) Zoning District. ZBA-2018-17" II. DESCRIPTION: A. Site Characteristics: The subject property is a 61,899 square foot parcel (1.421 acres) owned by Verizon New England, formerly New England Telephone & Telegraph. It contains a single, brick building constructed in 1972 as a telephone relay office and onsite parking. B. Surrounding Land Use: Walnut Street forms a Zoning District boundary between the 1-3 Zoning District and a section of the Two -Family Zoning District. Immediately to the East is the Lexus car dealership garage with its vegetated screen. Immediately to the West is part of the VHB consulting firm's site. Across Arsenal Street is the athenahealth campus. Across Walnut Street from the site are a series of two-family and multi -family homes. C. Nature of the Request: The Petitioner requests a permit requiring a Telecommunications Act of 1996 (TCA) Use Variance from §5.13(a)(2), for the installation of panel antennas concealed within a new fiberglass enclosures that match the exiting building exterior color and texture installed on the roof of 143 Walnut Street. The roof -top installation also includes associated antenna equipment (remote radio heads, surge arrestors, coax cables, cable trays, and GPS antennas). Backup power to the installation will be provided by the existing onsite generator. D. Public Comments: The Department of Community Development & Planning (DCDP) has not received any comments on this project. Page 2 of 7 143 Walnut Street Cell Site ZBA-2018-17 July 11, 2018 Decision E. Relevant Permitting History None of the previous permits materially affect this request. • 1973 - 1996 — Building Permits issued to New England Telephone & Telegraph Company, then NYNEX for equipment structures and interior renovations • 2001— Subdivision plan endorsed by Mark Boyle, Planning Director • August 2001— Verizon New England, Inc., grants a portion of the site to Trustees of DKB Realty Trust 111. FINDINGS A. Plan Consistency 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, the Petitioner submitted two documents: An undated narrative by Tim Yee, Structure Consulting Group, and an August 2017 RF Report done by Keith Vellante, RF Engineer, C -Squared Systems, LLC. Mr. Yee's materials describe the site selection process. Mr. Vellante's materials describe the coverage/capacity problem and why the selected site (143 Walnut Street) provides the solution as the Petitioner sees it. Mr. Yee states that Verizon identified the area around Arsenal and School Street intersection as having a coverage/capacity issue. He states that his search turned up "no existing towers or cell sites within the preferred area." He notes that Building 311 on the athenahealth campus was a candidate site but was discarded once the consultants learned athenahealth was planning to install solar panels on the roof of Building 311 which would not leave room for a cellular installation. Mr. Yee notes he then submitted additional sites to the RF Engineer which were rejected in favor of 143 Walnut Street. The alternative sites are further described in Mr. Yee's report. Mr. Vellante's RF Report indicates the basis for the coverage/capacity issue exists because Verizon is "rolling out its 4G LTE high-speed wireless broadband system" in certain frequency bands. This site is to address "existing coverage gaps, interference and high-speed broadband [capacity] issues." The Report essentially treats a capacity issue as a coverage issue for the purpose of the "new" broad -band service, and identifies certain roadways in Watertown as Page 3 of 7 143 Walnut Street Cell Site ZBA-2018-17 July 11, 2018 Decision priorities. Those road links and neighboring areas around the Arsenal Street/North Beacon Street/Walnut Street/School Street grouping are seen as having high traffic counts and a propensity for coverage/capacity issues — dropped calls, in particular. The rest of the RF Report provides call and coverage plot data to show how the proposed new facility would address Verizon's stated service issues. Based on this information, the Board found that no suitable alternative locations have been identified to eliminate the coverage gap. §5.13(a) Wireless Telecommunications Facilities 1. Be located within one of the following zoning districts: CB, LB, I-1, 1-2, 1-3, & CR. Met: 143 Walnut Street is in the Industrial -3 (1-3) 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 is located across Walnut Street from residential structures and is within 50 feet of these dwellings. The Board found 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 36 foot, 9 -inch tall industrially zoned building. As proposed, the maximum height of the cellular equipment would sit at approximately 47 feet Above Grade Level. The Board suggests 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 antenna installations on an existing building. The Board suggests 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 will be concealed/shielded by an enclosure and the roofline of the existing building. Enclosing and shielding the roof -top equipment is particularly important because of the proximity to residential areas. The site is already equipped with a backup generator. It will provide power to the new cell site and because it is located inside of the existing building, it is screened and has appropriate noise attenuation. IV. PLANNING BOARD AND STAFF RECOMMENDATION: The Planning Board recommended looking at connecting the system through the roof rather than using conduit on the side of the building, if possible. Page 4 of 7 143 Walnut Street Cell Site ZBA-2018-17 July 11, 2018 Decision The Planning Board (5-0) and staff recommend conditional approval of a TCA Variance 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. V. ZONING BOARD OF APPEALS: The Board acknowledged the updated application and photo simulations; the reduction of 12 antennas to 6 antennas; the 4 sided -screening on the two cabinets 10x10 and 10x12 and added a condition to cover the cabinets with a RF friendly material so as not to be visible to the residents on the hill; the residential location is across the street; the conduit will be located interior to the building; Dexter Avenue was not a contender in this installation due to the RF not being met; there are no other equipment cabinets on this rooftop. Member Ferris motioned to grant the requested Telecommunications Act Variance based on the finding that it meets the requirements set out in the ordinance. Member Heep seconded. Members Ferris, Heep, SantucciRozzi, Gannon and Donato voted in the affirmative, 5-0. VI. CONDITIONS OF APPROVAL: The table below lists the conditions of approval including timeframes for compliance: # Conditions Compliance Timeframe Verified By 1 Approval is for the installation of a wireless facility with panel antennas and associated equipment and cabling. The Control Plans shall be: A. Title Sheet, Sheet T-1, Verizon Wireless, Watertown 4 MA 143 Walnut Street, latest date 06/25/18 stamped/signed by Derek J. Creaser, PE B. Plot Plan, C-1, latest date 06/25/18 C. Roof Plan, A-1, latest date 06/25/18 D. South Elevation, A-2, latest date 06/25/18 Perpetual ZEO/ISD 2 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 the DCDP for an opinion as to whether or not such change 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. Perpetual ZEO/ISD 3 Recording: Upon application for a Building Permit, the Petitioner shall provide evidence to the Zoning Enforcement Officer that this entire decision has been filed with the Registry of Deeds. BP ZEO 4 Compliance with Applicable Requirements: The Petitioner shall comply with all other applicable local, state, and federal requirements, ordinances, and statutes. Perpetual ZEO/ISD Page 5 of 7 143 Walnut Street Cell Site ZBA-2018-17 July 11, 2018 Decision # Conditions Compliance Timeframe Verified By 5 Building Permit: A copy of the Building Permit with final approval signatures from all relevant inspectors must be submitted to the Zoning Enforcement Officer upon completion of the project. At Final Inspection ISD 6 Duty to Maintain: The Petitioner shall maintain the antennas and appurtenant facilities in good condition at all times and shall inspect them on a regular basis. Perpetual ZEO 7 Abandonment & Removal: The Petitioner will be subject to Section 5.13(b) of the Ordinances of the Town of Watertown regarding Removal of Abandoned Facilities. Perpetual ZEO 8 Signage: There shall be no signs posted at the wireless communication facility, except for the required signs identifying the facility, the operator, and an emergency telephone number where the operator can be reached at any time. Perpetual ZEO 9 Screening: The screening materials for the rooftop equipment shall be maintained and shall seamlessly match the existing exterior materials/wall and any future rooftop wireless installations on the building. The screening shall extend to cover the cabinet. Perpetual DCDP/ISD/ZEO 10 Lapse of Approval: In accordance with WZO §9.13 & §9.14, Special Permits and Variances shall lapse one year from the date of grant if substantial use has not commenced except 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. Perpetual ZEO By the Zoning Board of Appeals: Attest, by the Clerk to the Zoning Board of Appeals: Louise A. Civetti Melissa M. SantucciRozzi, Chair David Ferris, Clerk Christopher H. Heep, Member John G. Gannon, Member Kelly Donato, Member Page6of7 143 Walnut Street Cell Site ZBA-2018-17 July 11, 2018 Decision THE COMMONWEALTH OF MASSACHUSETTS Certificate of Granting Massachusetts General Laws Chapter 40A, Section 11 The Zoning Board of Appeals calls to the attention of the owner or petitioner of the above referenced decision, that MGL c. 40A, sec. 11 (last paragraph) provides that no Variance, Special Permit, Special Permit Finding or any Extension, Modification or Renewal thereof, shall take effect until a copy of this decision bearing the Certification of the Town Clerk that twenty days have elapsed since the filing of said decision and no appeal has been filed or that if such appeal has been filed that it has been dismissed or denied, is recorded in the Registry of Deeds for the County and District in which the land is located and indexed in the grantor index under the name of the owner of record or is recorded and noted on the owner's certificate of title. Twenty days have elapsed since the filing of said decision and no appeal has been filed or that if such appeal has been filed that it has been dismissed or denied: Attest, by the Town Clerk: Date: Received and entered with the Register of Deeds in the County of Southern Middlesex. Attest, Register of Deeds: Book Page This Decision is to be recorded by the Land Owner. The owner or petitioner shall pay the fee for such recording or registering. Page 7 of 7