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Home My Public Portal AboutMt Auburn_805_Staff_ReportTown of Watertown Department of Community Development and Planning STAFF REPORT This Staff Report is a technical analysis of the submitted application material and the required findings of the Watertown Zoning Ordinance. It is based only upon information submitted prior to the public hearing and may be revised or updated with new recommendations, findings and/or conditions as new information is obtained by Planning Staff during the public hearing process. Case #: ZBA-2012-10-ASP/ASPF Subject Property: 805 Mt. Auburn St, Watertown, MA Parcel ID: 1609-1-0 Zoning District: Limited Business Zoning District Petitioner: Sprint Spectrum, LP. Address of Petitioner: c/o Prince Lobel Tye LLP, 100 Cambridge St, Suite 2200, Boston, MA. 02114 Owner: Adams Realty, LLC, 16 Garden St., Cambridge, MA 02138 Zoning Relief Sought: Amendment to #99-13SP/SPF & #10-10ASP/ASPF §5.13 Wireless Telecommunication Facilities Special Permit Granting Authority: Zoning Board of Appeals Date of Staff Report(s): July 31, 2012 Staff Recommendation: Conditional Approval Date of Planning Board Meeting: Scheduled August 8, 2012 Date of ZBA Meeting: Scheduled August 22, 2012 805 Mt. Auburn Street ZBA-2012-10 July 31, 2012 Staff Report I. PUBLIC NOTICE (M.G.L. c. 40A, § 11) "805 Mt. Auburn Street - Amendment to Special Permit/Finding Sprint Spectrum, L.P. herein request the Zoning Board of Appeals to grant an Amendment to Special Permit/Finding #99-13; #10-10 to replace existing antennae and equipment. LB (Limited Business) Zoning District." II. DESCRIPTION A. Nature of the Request The Petitioner requests an Amendment to ZBA case #99-13 & #10-10 (Special Permit/Special Permit Finding) so as to permit the modification of an existing wireless telecommunication facility. The modification is part of Sprint Nextel's plans to modernize and upgrade its network including its first 4th generation ("4G") nationwide broadband mobile network to provide high speed internet access. • Remove 3 existing panel antennas and replacing them with 3 new panel antennas within the existing stealth enclosure. • Replace 2 existing equipment cabinets • Insta11 9 RRH (remote radio head) units • Replace faux flue with a faux chimney that will better conceal the mounting hardware. B. Site Characteristics View of existing rooftop equipment from rear. Sprint's stealth enclosure located at far left. The subject property is a 25,262 s.f. lot on Mt Auburn Street containing a six -story residential apartment building built in 1967. The height of the building at the top of the roof is 60' and 62' at the top of the parapet. Several different wireless carriers are located on the roof including AT&T/Cingular, Sprint, and Clear Wireless. The height measured to the top of the highest wireless facility is 80'6" (AT&T). C. Land Use This site is located in the Limited Business (LB) Zone in East Watertown near the border with the City of Cambridge. Reflective of the LB Zone, the site is surrounded by a variety of residential, commercial, and retail uses. 2 805 Mt. Auburn Street ZBA-2012-10 July 31, 2012 Staff Report D. Relevant Permitting History February 26, 1997 ZBA Case #96-33 (AT&T) Erect triangular shaped antenna array on a 25' tall pole and install associated equipment. • Special Permit Finding to alter a nonconforming structure • Variance from maximum height (9'6" higher than existing 76'5" tall penthouse where the maximum height is 40') • Special Permit for Exceptions to Height Regulations (no longer applicable to wireless installations) July 30, 1997 Modification of Control Documents for ZBA Case #96-33 (AT&T) Antenna array redesigned to replace original AT&T array that was found to be "aesthetically obj ectionable." June 30, 1999 ZBA Case #99-13 (Sprint) Erect 18' tall antenna array and associated equipment • Special Permit Finding to alter a nonconforming structure • Variance from maximum height • Special Permit for Exceptions to Height Regulations (no longer applicable to wireless installations) May 26, 2010 ZBA Case #10-10 (Clear Wireless/Sprint) Amend ZBA Case #99-13 to add WiMAX installation to deploy Sprint's new 4G broadband network. • Add three (3) "WiMAX" panel antennas and one (1) backhaul dish to existing chimney within new RF transparent faux chimney. • Install one (1) backhaul dish antenna mounted on new 12" standoff pipe mount on penthouse wall. • One (1) new GPS antenna mounted to the existing elevator penthouse. • Relocate existing Sprint antenna inside new faux stove pipe. July 27, 2011 ZBA Case #2011-19 (AT&T/Cingular) *Planning Staff has been in communication with AT&T regarding the appearance of the stealth box vs. the approved plans. The issue still has not been resolved. Amend ZBA case #96-33 to upgrade AT&T's facility to provide high speed data services. • Remove existing mast and relocate existing (6) six antennas and add (3) three new LTE antennas to new mounting frame. • Locate all antennas (as well as a surge arrestor and RRH) within new stealth box on top of existing penthouse (lower height to 80'6") • Add additional associated equipment cabinets and cabling. 3 805 Mt. Auburn Street ZBA-2012-10 July 31, 2012 Staff Report III. FINDINGS A. Amendment to Special Permit The proposal was reviewed for compliance with the criteria for wireless telecommunication facilities outlined in §5.13(a) of the WZO as well as the conditions for approval of a Special Permit as outlined in §9.05 of the WZO, which are as follows: 5.13(a) Wireless Telecommunications Facilities The wireless telecommunications facility must: 1. Be located within one of the following zoning districts: CB, LB, I-1, I-2, I-3, & CR. Met: This modified wireless facility is in the LB district and meets this condition. 2. Not be located on a structure containing residences nor within 50 feet of a residential zone or any structure containing a residential use. Met: The existing facility is on a residential building for which approval was granted for case #99-13 and has already been found to be appropriate. 3. In the case of an antenna mounted on a building or structure, not extend more than (15) fifteen feet above the height of such structure or building. Met: The modified facility will not extend 15 feet above the height of the building. 4. In the case of a tower, not exceed the height allowed in the zoning district. 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. Met: The replacement panel antennas would be located within the existing stealth enclosure/faux chimney and would not be visible. The Petitioner also plans to replace the faux flue with a faux chimney to better conceal the mounting hardware and to better integrate the installation with the building. 9.05 Conditions for approval of a Special Permit 1. The specific site is an appropriate location for such a use, structure or condition. Met: The site is located within the LB (Limited Business) district, which permits the use. The use is already in existence and was found to be an appropriate location when the previous Special Permit was granted. 2. The use as developed will not adversely affect the neighborhood. Met: The existing wireless facility has not been found to have adversely affected the neighborhood. The proposed modifications would not change the use. 4 805 Mt. Auburn Street ZBA-2012-10 July 31, 2012 Staff Report 3. There will be no nuisance or serious hazard to vehicles or pedestrians. Met: The existing wireless facility has not been found to have caused a nuisance or serious hazard to vehicles or pedestrians. The proposed modifications are not expected to generate any significant traffic as it is an unmanned facility and will be serviced approximately one to two times per month. 4. Adequate and appropriate facilities will be provided for the proper operation of the proposed use. Met: Adequate and appropriate facilities are provided through existing utilities (electrical and telephone service) for the proper operation of the proposed use. The facilities will be inspected monthly to ensure it remains in good working order and in compliance with all applicable local, state, and federal laws. B. Amendment to Special Permit Finding §4.06(a) In accordance with §4.06(a), pre-existing non -conforming structures or buildings may be extended or altered provided that the Board makes the finding under §4.06(a) that "such change, extension or alteration shall not be substantially more detrimental than the existing non -conforming use, structure or building to the neighborhood." The proposal to replace existing antennas with new antennas would not create any visual change as the changes would occur within the existing faux chimney. In addition, in response to concerns from Planning Staff, the Petitioner proposes to replace the faux flue with a new faux chimney to better conceal the existing installation. IV. STAFF RECOMMENDATIONS Staff recommends conditional approval of the requested Amendment to the ZBA Case #99-13 & #10-10 based upon the findings that it meets the criteria set out in the Zoning Ordinance. V. CONDITIONS: # Condition Compliance Timeframe Verified by: 1 Approval is for the modification of Sprint's existing wireless facility. The Control Plans shall be: the plan set entitled "Sprint Vision 805 Mt. Auburn BS13XC738 805 Mt. Auburn Street Watertown, MA 02472 Middlesex County" Title Sheet, T-1; General Notes, GN-1; General Notes & Structural Design Parameters, GN-2; Plot Plan, C-1; Rooftop Plan & Equipment Platform Layout, A-1; Elevations, A-2; Antenna Scenario & RF System Schedule, A-3; Equipment Details, A-4; Structural Details, S-1; Electrical Notes & Riser Diagram, E-1; Grounding Details & notes, E-2; Antenna Wiring Diagram, E-3; all dated 10/20/11 and final revision date 6/12/12 and prepared by EBI Consulting. BP, Perpetual ZEO/ ISD 5 805 Mt. Auburn Street ZBA-2012-10 July 31, 2012 Staff Report # Condition Compliance Timeframe Verified by: 2. Prior to installation, the Petitioner shall bring in sample materials for the faux chimney for review and approval by Planning Staff to ensure that the color and texture of the faux chimney will match the building. Prior to Building Permit Signoff Planning 3. 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 DCD&P, Zoning Enforcement Officer, and Building Inspector, for an opinion as to whether or not such change or modification requires further review from the Granting Authority. Minor modifications, which are found to be consistent with the project approval granted by the Granting Authority, may be considered and approved by DCD&P Director. Perpetual ZEO/ ISD 4. 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 Re ist of Deeds. BP ZEO 5' The Petitioner shall comply with all other applicable local, state, and federal requirements, ordinances, and statutes. Perpetual ZEO/ ISD 6. 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. CO ZEO The Petitioner shall maintain the antennas and appurtenant facilities in7. good condition at all times and shall inspect them on a regular basis. Perpetual ZEO 8. The Petitioner shall be subject to Section 5.13(b) of the Ordinances of the Town of Watertown re ardin Removal of Abandoned Facilities. Perpetual ZEO 9. The Petitioner shall comply with all applicable federal, state, and local requirements with respect to its operation of the wireless communication facility. Perpetual ZEO 10. 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 11. In accordance with WZO §9.13, a special permit granted under §9.04 shall lapse one year from the date of grant thereof if substantial use thereof has not sooner 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 applicable State or Federal law. Perpetual ZEO 12. All conditions of the original #99-13 SP/SPF and #10-10ASP/ASPF shall remain in full force. Perpetual ZEO 6