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HomeMy Public PortalAboutNarrativeMATTHEW D. WHITEHEAD Direct Dial: 603-628-1256 Email: matthew.whiteheadCmclane.com Admilted in MA and NH McLane, Graf, Raulerson & Middleton Professional Association 900 Elm Street I P.O. Box 326 1 Manchester, NIT 03105-032 Tel: 603.625.6464 1 Fax: 603.625.5650 1 irtvrv.mclane.cmn August 11, 2015 OFFICES IN: 6 MANCHESTER CONCORD PORTSMOUTH WOBURN,MA Town of Watertown Via UPS Next Day Delivery Zoning Board of Appeals Administration 1Z 101 505 22 1009 4723 Building 149 Main Street Watertown, MA 02472 Re: Wireless Communications Services Facility Applicant: Bell Atlantic Mobile of Massachusetts Corporation, LTD, d/b/a Verizon Wireless ("VzW" or "Applicant") Site: Owner: Facility u y„� belief c.. Requested: 124 Watertown Street, Watertown, MA (Assessor's Map 118 Lot 2-0) (the "Site") Devi Trust, Pribhu L. Hingorani, Trustee Install sixteen (16) panel antennas (four (4) panel antennas per sector) concealed behind a Radio Frequency ("RF") friendly 8' x 8' x 10'faux fiberglass brick screen walls. VzW also plans to install associated antenna equipment including remote radio heads, surge arrestors, coax cables, fiber, cable trays, global positioningsystem antennas and conduits for new network service on the roof, with associated - electronic equipment inside an equipment slleltei and a natural gas .generator. for emergency backup power to be located at ground level in an alcove under the existing fire escape and surrounded by a 6' tall stockade fence (collectively, the "Facility"). Special permit pursuant to Article X, Section 10 for a Wireless Telecommunications Facility in accordance with Article V, Section 5.13 of the Zoning Ordinance of the Town of Watertown ("Ordinance"), Massachusetts General Laws Ch. 40A, and the Telecommunications Act of 1996 (the "TCA"), and such other relief as deemed necessary. Town of Watertown August 11, 2015 Page 2 Dear Honorable Members of the Zoning Board of Appeals and Planning Board: The purpose of this letter is to submit to you, on behalf of VzW, the enclosed materials are submitted to the Town of Watertown Zoning Board of Appeals and Planning Board (individually and collectively, the "Board") in support of VzW's application (the "Application") for a special permit for the installation, operation and maintenance of the Facility on the existing Building located at the Site, all rights reserved. The following provides background information regarding the Facility and addresses each applicable section of the Ordinance. I. APPLICANT INFORMATION VzW is one of the nation's leading providers of wireless communications providing coverage in almost all of the top 100 markets in the United States. VzW has developed one of the largest and most reliable national wireless networks to provide wireless voice and data services to an ever-growing customer base, last counted at over 100 million. VzW continuously works to enhance and improve its network. One of the key design objectives of VzW's system is to provide seamless coverage without significant gaps or dead spots. VzW's radio transmitting and receiving facilities operate on a line -of -sight basis, requiring a clear path from the facility to the remote user. This dynamic requires antennas to be located in a location where the radio frequency signal is not obstructed or degraded by buildings or topographical features. IL APPLICANT'S INTEREST IN THE PROPERTY Verizon has entered into an agreement with the Devi Trust, through its trustee, Pribhu Hingorani. for space on the rooftop of the building located at 124 Watertown Street for the installation of antenna arrays screened behind faux fiberglass chimneys and fiberglass screens and for ground space at ground level for the installation of the proposed equipment shelter. III. PROJECT SUMMARY A. The Proposed Panel Antennas Verizon plans to install sixteen (16) panel antennas (four (4) panel antennas per sector) with behind four Radio Frequency ("RF") friendly 5' x 5' x 10'faux fiberglass brick screen walls, two to be installed on each side of the roof. VzW also plans to install associated antenna equipment including remote radio heads, surge arrestors, coax cables, fiber, cable trays, global positioning system antennas and conduits for new network service, with associated electronic equipment inside an equipment shelter and a natural gas generator for emergency backup power to be located at ground level in an alcove under the existing fire escape and surrounded by a 6' tall stockade fence. The height of the existing roofline is 42' and the maximum height of the proposed rooftop equipment is 52', thus complying with the Ordinance. Town of Watertown August 11, 2015 Page 3 • See Zoning Drawings. B. The Proposed Equipment Shelter Verizon also proposes to install an equipment shelter at ground level in an area approximately 8' 3" x I V in the alcove immediately below the existing fire escape. VzW proposes to enclose this area by a 6' tall stockade fence. • Zoning Drawings. C. The Proposed Interior Generator VzW proposes to install a natural gas -fueled generator that will be located inside Verizon's equipment shelter and will be used for back-up power only in the event of an emergency. VzW will maintain the generator. D. The Proposed Access and Utility Service Access to the site will be available via an existing roadways to the property and will lead directly to VzW's proposed ground equipment. The site will be visited by VzW personnel approximately once per month in a single service vehicle. IV. SITE SELECTION PROCESS Verizon is committed to working with local communities in siting and constriction of its antenna facilities. Because of VzW's desire to be a good neighbor and establish long-term relationships, VzW makes every effort to identify potential community concerns and incorporate all appropriate mitigation measures in the site selection process. The wireless communications system being developed by VzW has been designed utilizing sophisticated computer engineering models that simultaneously evaluate topography, population patterns, and land use concerns to identify specific geographic regions to be served by the communications facility network. As a result, a limited search area is identified by the Radio Frequency Engineer ("RF Engineer") as the necessary location for a wireless facility to ensure the most complete coverage to area residents, businesses, and public safety officials. Keith Vellante, Verizon's RF Design Engineer, has reviewed call attempts, ineffective call attempts, and dropped calls in the search area in which the subject parcel is located. This research has confirmed that a gap in wireless coverage exists, requiring the installation of a personal wireless service facility in the search area. Mr. Vellante has further determined that an installation on the existing lattice tower would enable VzW to close gaps in its wireless coverage. 0 See RF Affidavit. Town of Watertown August 11, 2015 Page 4 • See Coverage Maps. V. SATISFACTION OF SPECIAL PERMIT REVIEW STANDARDS The Site is located in the T (Two Family) zoning district. The use is permissible in the T zoning district with the grant of a special permit issued by the Board. As noted on the Plans, the main roofline of the Building is 42' above ground level ("AGL") and the top height of the highest antenna and the top of the VzW's equipment will be 52' AGL, within the fifteen foot limit contained in Article V, Section 5.13(a)(3) of the Ordinance. VzW submits and will demonstrate through the Application materials and the written and oral evidence at the public hearing(s) in connection with the Application that the proposed Facility meets with all applicable requirements of the Ordinance. The Facility will not adversely impact adjacent properties and neighborhoods as VzW's Facility will not significantly change the appearance of the Building. The Facility will not be a threat to public health, safety and welfare. In fact, Applicant submits that the proposed Facility will aid in public safety by providing and improving wireless communications services to the residents, businesses, commuters, and emergency personnel utilizing wireless communications in the immediate vicinity. Consistent with the Ordinance, the Facility will function as a wireless communications services facility within a local, regional, and national communications system. This system operates under license from the FCC and VzW is mandated and authorized to provide adequate service to the public. This Site was selected after a careful screening process and was found useful to VzW. The Facility will not generate any objectionable noise, odor, fumes, glare, smoke, or dust or require additional lighting or signage. The Facility will have no negative impact on property values in the area. No significant increase in traffic or hindrance to pedestrian movements will result from the Facility. On average, only one or two round trip visits per month are required to service and maintain the Facility. This is an unmanned Facility and will have minimal negative effect on the adjoining lots. The Facility does not require police or fire protection because the installation has its own monitoring equipment that can detect malfunction and/or tampering. RELIEF REQUESTED VzW respectfully requests that the Boatel grant a special permit pursuant to Article X, Section 10 for a Wireless Telecommunications Facility in accordance with Article V, Section 5.13 and such other relief as deemed necessary. Pursuant to Article X, Section 10 and Article V, Section 5.13(a) of the Ordinance, the Board is vested with the authority to grant the special permit herein requested. The Facility complies with the terns of above sections of the Ordinance. The Application follows the applicable sections of the Ordinance and sets forth Applicant's response to each of the relevant provisions. ARTICLE V, SECTION 5.13— WIRELESS TELECOMMUNICATION FACILITIES Town of Watertown August 11, 2015 Page 5 (a) No person shall construct a wireless communications facility without a special permit issued by the Board of Appeals under section 9.05. In addition, any facility must: (1) Be located within these zones (CB, LB, 1-2, 1-3, and CR). Wireless telecommunications facilities shall not be located within the NB (Neighborhood Business) zone. The Facility will be located on the roof of the Building within the T (Two Family) zoning district and thus VzW seeks a use variance for the installation of wireless facilities in this zoning district. As demonstrated by the plans, the Building complies with all set back requirements contained in the Ordinance. (3) In the case of an antenna mounted on a building or structure, not extend more than fifteen (15) feet above the height of such structure or building. The Facility will comply with the terms of this provision of the Ordinance. The proposed antennas will be concealed behind screen walls and not extend more than fifteen (15) feet above the main roofline of the Building. (4) In the case of a tower, not exceed the height allowed in the zoning district. The Facility does not entail the construction of a tower. Therefore, this provision of the Ordinance does not apply to this Application. (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. The proposed antennas and associated equipment will be fully concealed firm view. All four sectors will be mounted behind four fiberglass faux brick screens that are 8' x 8' x 10'. The equipment shelter, located at ground level, will be approximately 8' 3" x 11, and will be entirely screened behind a 6' stockade fence below the existing fire escape. (b) Removal of Abandoned Facilities: Any wireless telecommunications facility that is not operated or that is not in compliance with this Ordinance for a continuous period of ninety days shall be considered to be abandoned, and the Building Inspector may, by written notice order that such facility be removed within thirty (30) days. At the time of removal, the facility and all associated debris shall be removed from the premises. Town of Watertown August 11, 2015 Page 6 This is a forward -looking requirement; VzW acknowledges the terms of this provision of the Ordinance. ARTICLE IX, SECTION 9.05 SPECIAL PERMITS: CONDITIONS FOR APPROVAL (a) A special permit shall be required for all uses and for all exceptions to dimensional regulations which are designated in this Zoning Ordinance as requiring a special permit before the Inspector of Buildings may issue a building permit or occupancy permit. This Application is submitted in compliance with the terms of this provision of the Ordinance. (b) The Board of Appeals shall not approve any such application unless it finds that in its judgment all of the following conditions are met: (1) The specific site is an appropriate location for such a use, structure or condition; The existing Building is a uniquely tall structure in the subject area of the T — Two Family zoning district, which makes this structure uniquely suitable for the installation of the Facility. The location of the Site relative to VzW's gap in network coverage renders the proposed location uniquely suited for the Facility to fill its existing significant gap in coverage thereby permitting VzW the ability to provide adequate coverage in this area of Watertown as part of its network pursuant to its FCC license. (2) The use as developed will not adversely affect the neighborhood; The Facility will consist of antennas concealed behind and faux chimneys, as well as equipment concealed within an equipment shelter at ground level behind the existing building. Potential visual impacts are minimized and the aesthetic qualities of the Town of Watertown are preserved to the maximum extent possible. The Facility will not adversely affect the neighborhood. The Facility will comply with all applicable FCC requirements and building codes. The Facility will benefit those living and working in, and traveling through the area by providing enhanced wireless telecommunication services. The Facility will not adversely impact adjacent properties and neighborhoods as the Facility will be located on the roof of the Building and will be screened from view. The installation of the Facility will not be a threat to public health, safety and welfare. In fact, VzW submits that the proposed Facility will aid in public safety by providing and improving wireless communications services to the residents, businesses, commuters, and emergency personnel utilizing wireless communications in the immediate vicinity and along the nearby roads. The Facility will not generate any objectionable noise, odor, fumes, glare, smoke, or dust or require additional lighting or signage. The Facility will have no negative impact on property values in the area. No significant increase in traffic or hindrance to pedestrian movements will result from the Facility. On average, only one or two Town of Watertown August 11, 2015 Page 7 round trip visits per month are required to service and maintain the Facility. The Facility is unmanned and will have no negative effect on the adjoining lots and the antennas will be completely concealed from view. This Facility does not require police or fire protection because the installation has its own monitoring equipment that can detect malfunction and/or tampering. (3) There will be no nuisance or serious hazard to vehicles or pedestrians; No significant increase in traffic or hindrance to pedestrian movements will result from the Facility. On average, only one or two round trip visits per month are required to service and maintain the Facility. Access to the Facility will be via existing driveways. Because the Facility will be located on the roof of the Building, there will be no adverse impacts upon pedestrian walkways. (4) Adequate and appropriate facilities will be provided for the proper operation of the proposed use. Adequate electrical and telephone services are already available at the Site. In addition, VzW proposes to install an emergency backup power natural gas generator at ground level. VI. SUBMITTALS Enclosed together with this narrative letter are the following submission documents (20 copies of each unless otherwise provided): 1. Site Plans (20 copies at I I" x 17" and 1 copy at 2' x 3'); 2. Letter of Authorization; 3. Photograph of Camouflaged Materials (samples to be provided at public hearing); 4. RF Report and Coverage Maps; 5. Photosimulations; 6. Structural Analysis; 7. Generator Specifications; 8. Release, Indemnification, and Waiver Form; 9. Billing Authorization Form; 10. Application Checklist; and 11, Certified abutters list (1 copy to be provided by municipality); 12. Application Fee (to be provided under separate cover and to include $15 abutters list fee). VII. CONCLUSION As evidenced by the materials submitted with the Application and as will be further demonstrated by VzW through evidence submitted to the Board at the public hearings held in connection herewith, the Facility satisfies the intent and objectives of the Ordinance. The Facility will not have any adverse effect on property values in the area. The Facility will not be Town of Watertown August 11, 2015 Page 8 dangerous to the public health or safety as it is designed to comply with all applicable FCC requirements relating to radio frequency emissions and will comply with all applicable requirements of the Massachusetts building code. The Facility is a passive use, and will not cause any nuisance such as unreasonable noise, vibration, smoke, odor or dust. Further, the Facility will improve communication coverage to residents, commercial establishments and travelers through the area and improves connections in this area of the Town of Watertown. The Facility will greatly improve emergency communications for police and fire personnel by reducing the number and frequency of dropped and incomplete connections due to weak signals and adding an additional layer of communication to traditional land lines. In fact, published reports have highlighted the fact that during and after adverse major weather events, including ice storms, wireless telecommunications have been the only form of reliable corrrmunication. Lastly, the installation of the Facility at the Site will assist the Town of Watertown in complying with its obligations under the TCA. The Applicant respectfully requests that the Board grant all necessary relief to install, operate and maintain the Facility. For the foregoing reasons, as well as to satisfy the mandate of the Federal Government to facilitate competition in the telecommunications industry as set forth in the TCA, the Applicant respectfully requests that the Board grant the foregoing zoning relief. VzW respectfully submit that the standards for relief as set forth in the Ordinance as well as Massachusetts law relating to zoning must be interpreted and applied such that the decision issued by the Board is in conformance with the TCA. Accordingly, a denial of the foregoing petition would effectively prohibit VzW from providing adequate service to the Town of Watertown, would unreasonably discriminate among providers of functionally equivalent services and thus would be contrary to the purpose and intent of the TCA. Very trul ours, Matthew D. Whitehead MDW enc. 99984 99984\9464722.v1