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HomeMy Public PortalAbout2 Rosary Drive PB ReportTOWN OF WATERTOWN Department of Community Development and Planning PLANNING BOARD Administration Building 149 Main Street Watertown, MA 02472 Phone: 617-972.6417 Fax: 617-972-6484 www.watertown-ma.gov PLANNING BOARD REPORT Board Members: John B. Hawes, Jr., Chairman Linda Tuttle -Barletta Jeffrey W. Brown Fergal Brennock Neal Corbett On June 13, 2012 with five (5) members of the Planning Board (the Board) present, case number ZBA-2012-15 ASP/ASPF was considered for an Amendment to a Special Permit & Special Permit Finding to be heard by the Zoning Board of Appeals on June 27, 2012. The Board submits the following report, as requested, to aid the Zoning Board of Appeals in deciding the application before it. Case #: Subject Property: Parcel ID: Zoning District: Petitioner: Address of Petitioner: Owner: Zoning Relief Sought: Special Permit Granting Authority: Date of Staff Report(s): Staff Recommendation: Date of Planning Board Meeting: Planning Board Recommendation: Date of ZBA Meeting: ZBA-2012-15-ASP/ASPF 2 Rosary Drive, Watertown, MA 160-3-2427 CR (Cluster Residential) Zoning District Sprint Spectrum, LP. c/o Prince Lobel Tye LLP, 100 Cambridge St, Suite 2200, Boston, MA. 02114 MetroWest Collaborative Developers, 63 Mt. Auburn St, Watertown, MA Amendment to #99-46-SP/SPF §5.13 Wireless Telecommunication Facilities Zoning Board of Appeals June 8, 2012 Conditional Approval June 13, 2012 Conditional Approval (Vote 5-0) Scheduled June 27, 2012 2 Rosary Drive ZBA-2012-15 June 19, 2012 Planning Board Report L PUBLIC NOTICE (M.G.L. C. 40A, 11) "2 Rosary Drive — Amendment to Special Permit and Special Permit Finding Sprint Spectrum, L.P., c/o Brian Grossman, Esq., Prince Lobel Tye LLP, 100 Cambridge Street, Suite 2200, Boston, MA 02114, herein requests the Zoning Board of Appeals to grant an Amendment to Special Permit/Finding #99-46 to modify an existing rooftop wireless telecommunications facility by replacing 6 existing panel antennas and 2 equipment cabinets with 3 new panel antennas, 6 new remote radio heads, and 3 new equipment cabinets. CR (Cluster Residential) Zoning District" II. DESCRIPTION A. Nature of the Request The Petitioner requests an Amendment to ZBA case #99-46 (Special Permit/Special Permit Finding) filed on April 15, 2004 as modified by new control plans on November 28, 2007 and further amended on April 28, 2010 so as to permit the modification of an existing wireless telecommunication facility. • Remove 3 existing panel antennas and replacing them with 3 new panel antennas • Install 6 RRH (remote radio heads) units • Replace existing GPS antenna • Replace existing equipment cabinet with a new equipment cabinet 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. B. Site Characteristics The subject property is St. Joseph's Hall, a four story former school building located on an eight acre site of the former Rosary Literary Society of St. Catharine of Siena. The building was converted into 29 rental residential units of elderly housing in 1987. Two existing wireless facilities are located on the building with their associated equipment located in 3 faux chimneys as well as facade mounted. C. Land Use East View of St. Joseph Hall Located in a Cluster Residential Zone, the building shares the former campus with townhouse style condominiums. The site abuts a Two -Family (T) Zone and an R.75 Zone and is surrounded by a variety of residential uses including those operated by the Watertown Housing Authority. 2 2 Rosary Drive ZBA-2012-15 June 19, 2012 Planning Board Report D. Relevant Permitting History April 14, 2004: #99-46SP — Special Permit (Sprint) Insta11 2 facade mounted antenna arrays and 1 ballast mounted antenna array within a 16" fiberglass canister (faux flue) and equipment cabinets. November 28, 2007: Modification of Control Plans (Sprint PCS & Nextel) Replacement of existing Sprint antennas with new "dual pole -dual band" antennas that would service both Sprint and Nextel customers. Relocate one existing cabinet and install 2 additional cabinets. April 28, 2010: #10-09ASP/ASPF-Amendment to Special Permit #99-46 (Clear Wireless) • Add three (3) "Wimax" panel antennas, two (2) facade mounted next to existing facade mounted panel antennas. The third antenna mounted inside a faux chimney which replaced a faux flue. • Install four (4) "Backhaul" dish antennas. The 2 feet in diameter dishes mounted within two proposed faux chimneys. • One (1) new GPS antenna and one (1) DAP radio mounted on the parapet wall. • One (1) rooftop equipment cabinet mounted on the existing steel equipment frame. III. FINDINGS A. Amendment to Special Permit The proposal was reviewed for compliance with the criteria for wireless telecommunication facility 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, 1-2, 1-3, & CR. Met: This modified wireless facility is in the CR 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 #99-46 SP/SPF. 3. In the case of an antenna mounted on a building or structure, not extend more than (15) fifteen feet about 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. 3 2 Rosary Drive ZBA-2012-15 June 19, 2012 Planning Board Report 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 replaced facade mounted panel antennas would be visible, as is the case with the existing facade mounted antennas, however they are not visible from the main entrance. The replaced ballast mounted antenna would be located within one of the existing faux chimneys. 49.05 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 CR (Cluster Residential) 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. 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. 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 significant noticeable changes and therefore would not be substantially more detrimental than the existing installation. 4 2 Rosary Drive ZBA-2012-15 June 19, 2012 Planning Board Report IV. PUBLIC COMMENT Planning Staff received email comments from one member of the community who had questions regarding the RF output. At the Planning Board meeting, the attorney representing Sprint stated that there would be a slight increase, but it would be de minimus and well within the legal limits. V. RECOMMENDATIONS Planning Staff and Planning Board (voting 5-0) recommend conditional approval of the requested Amendment to #99-46-SP/SPF as it meets the necessary criteria set forth in the in the Watertown Zoning Ordinance. The Conditions of approval including timeframes for compliance are listed in the table below. VI. 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 St. Joseph's Hall BS23XC359 2 Rosary Drive 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 & Elevation, A-1; Antenna Scenario & RF System Schedule, A-2; Equipment Details, A-3; Structural Details, S-1; Electrical Notes & Riser Diagram, E-1; Antenna Wiring Diagram, E-3; all dated 1/25/12 issued for review and final revision date 4/10/12 and prepared by EBI Consulting. BP, Perpetual ZEO/ ISD 2. The Petitioner shall ensure that the color and texture of the facade mounted antennas will match that portion of the building to which it is mounted.. Prior to Building Permit Signoff ZEO/ 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. CO 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 Registry of Deeds. BP ZEO 5 The Petitioner shall comply with all other applicable local, state, and federal requirements, ordinances, and statutes. CO 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; and CO ZEO 5 2 Rosary Drive ZBA-2012-15 June 19, 2012 Planning Board Report # Condition Compliance Timeframe Verified by: 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 will be subject to Section 5.13(b) of the Ordinances of the Town of Watertown regarding 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 #99-46 SP/SPF (and 11/28/07 modification) and of the amendment #10-11 ASP shall remain in full force. 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Bindings Open W ater Parcels Parcels MI Orthos At H ock s f R OW A/ Property Line Zoning 0 Cl uster Re side nti al - CR ED R esderti al - R .75 Resdertial -R1 .2 ED I ndustrial -11 I ndustrial -12 Industrial -13 0 CB Central Business 0 Limit ed B usines s - LB 0 N eighb orho od B usine ss - NB Sinye Fa mily -S10 Sine Fa mily - S6 Si ne Family C onver sim - S Two F an ily-T 0 Open Space/Conserve ncy - OSC Ple as art St Caidcr Dist -PSCD 0 83 166 m 2 Rosary Locator