HomeMy Public PortalAbout462 Mt Auburn St PB Report_201303221034484114TOWN 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 October 10, 2012 with five (5) members of the Planning Board (the Board) present, case
# ZBA-2012-23, Amendment to #05-02VAR/SPF to be heard by the Zoning Board of
Appeals on October 24, 2012, was considered. 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:
ADDRESS OF OWNER:
ZONING RELIEF SOUGHT:
SPECIAL PERMIT GRANTING
AUTHORITY:
DATE OF STAFF REPORT:
STAFF RECOMMENDATION:
ZBA-2012-23
462 Mt Auburn Street, Watertown, MA
1134 1 230
T (Two -Family) Zone
T -Mobile Northeast, LLC
15 Commerce Way, Suite B, Norton, MA 02766
Mohammed Akbarian, Jr. RAJ Realty Trust
PO Box 724 Winchester, MA 01890
• Special Permit §5.13, Wireless
Telecommunications Facilities
• TCA Use Variance from §5.13(a)(1) and (2)
Zoning Board of Appeals
October 1, 2012
Conditional Approval
DATE OF PLANNING BOARD MEETING October 10, 2012
PLANNING BOARD VOTE:
DATE OF PLANNING BOARD REPORT:
DATE OF ZBA MEETING
5-0, Recommend Conditional Approval
October 11, 2012
Scheduled October 24, 2012
462 Mt Auburn Street October 11, 2012
ZBA-2012-23 Planning Board Report
I. PUBLIC NOTICE (M.G.L. C. 40A, §11)
A. Procedural Summary
Petition ZBA-2012-23 is scheduled to be before the Planning Board on October 10, 2012 and
the Zoning Board of Appeals on October 24, 2012. 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 & Press) on 10/5/2012 and
10/12/2012;
• Posted at the Town Administration Building and on the Town Website on 9/26/2012; and,
• Mailed to Parties in Interest on 9/26/2012.
B. Legal Notice
"462 Mt. Auburn Street — Amendment to TCA Variance
T -Mobile Northeast, LLC herein requests the Zoning Board of Appeals to grant an Amendment to
TCA Variance #05-02 so as to replace 3 existing panel antennas and to add 3 new panel
antennas. T (Two -Family) Zoning District."
II. DESCRIPTION:
A. Site Characteristics:
The subject property is a 28,938 s.f. four-story, 24 -unit residential building located on a 12,420
s.f. lot at the junction of Mount Auburn and School Streets. The building was built in 1963 and is
nonconforming regarding its use in the T zone. In addition to T -Mobile, two other wireless
carriers, Clear Wireless and MetroPCS have existing facilities on the rooftop.
B. Surrounding Land Use:
The site is surrounded by a variety of land uses. The nonconforming building directly abuts a
four family dwelling to the east, a single-family dwelling to the north. Located south of the site
on the other side of Mt. Auburn Street is an Armenian Church.
C. Nature of the Request:
The Petitioner requests an amendment to a previously granted TCA Use Variance (#05-02)
from §5.13(a)(1) and (2) so as to permit the upgrade of the existing wireless telecommunication
facility in order to increase capacity, enhance speech quality, and provide higher data rates. The
modifications to the existing facility would consist of:
• The replacement of three (3) existing panel antennas with three (3) new panel antennas
• The addition of three (3) new panel antennas
The Petitioner proposed to paint all of their antennas a brick pattern in order to camouflage them.
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462 Mt Auburn Street
ZBA-2012-23
View of Subject Property from Mt. Auburn Street
D. Relevant Permitting History:
October 11, 2012
Planning Board Report
May 4, 2005: #05-02VAR/SPF — Variance & Special Permit Finding (T -Mobile- formerly
Omnipoint Holdings)
• Installation of a new telecommunication facility (2 facade mounted antenna on the east
and west side of the elevator penthouse, 1 antenna within faux chimney) and associated
equipment cabinets)
June 29, 2005: Modification of Control Plan for #05-02VAR/SPF (T -Mobile)
• Elimination of faux chimney (1 antenna relocated to facade of existing chimney)
May 13, 2009: #09-02VAR/SP/SPF (MetroPCS)
• Installation of a new telecommunication facility (4 antennas facade mounted to faux
penthouse containing equipment cabinets)
August 10, 2010: #10-15VAR/SP (Clear Wireless)
• Installation of a new telecommunication facility [3 panel antennas (1 on existing
penthouse, 1 on existing chimney, 1 on existing stair penthouse), 1 backhaul dish on stair
penthouse, and associated equipment cabinet]
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462 Mt Auburn Street October 11, 2012
ZBA-2012-23 Planning Board Report
III. PUBLIC COMMENT
Rachel and J.B. Jones, 59 Adams St, provided oral testimony in opposition to additional antennae
being added to the building for aesthetic reasons.
IV. FINDINGS
A. Plan Consistency
Existing plans do not specifically address wireless facilities.
B. Federal Telecommunications Act of 1996 (TCA) Use Variance from §5.13(a) (1) and
(2) of Special Permit criteria for Wireless Telecommunication Facilities:
The Federal Telecommunications Act mandates that local land use regulations not prohibit or
have the effect or 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 2005, the Board found that there was a gap in reliable service coverage in the area of the
building and that the height and location of the building compared to the other sites evaluated
(such as the Oakley Country Club) made it the most suitable location for the installation. The
modification of the facility in order to upgrade to the installation does not affect the Board's
original findings.
C. Special Permit in accordance with Wireless Telecommunications Facilities §5.13,
and subject to requirements of a Special Permit 49.05:
In general, a proposed wireless telecommunication facility should meet the criteria 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:
45.13(a) Wireless Telecommunications Facilities
1. Be located within one of the following zoning districts: CB, LB, I-1, I-2, I-3, & CR.
The proposed wireless facility is in the T district, which is not an allowed district, however T -
Mobile along with two other wireless carriers (MetroPCS & Clear Wireless) have previously
received approval via "Telecommunication Act use variances" for this site.
2. Not be located on a structure containing residences nor within 50 feet of a residential
zone or any structure containing a residential use.
The existing facility is on a residential building for which approval was granted via
"Telecommunication Act use variances" for T -Mobile along with two other wireless carriers
(MetroPCS & Clear Wireless).
3. [In the case of antennas mounted on buildings or structures] shall not extend 15 feet
about the height of such structure or building.
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462 Mt Auburn Street October 11, 2012
ZBA-2012-23 Planning Board Report
T -Mobile's equipment will not extend beyond the height of the existing wireless equipment.
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.
To minimize the visual and aesthetic impact to the adjacent properties and public way, the
antennas will be painted to match the existing structures to which they are attached.
§9.05 Conditions for approval of a Special Permit
1. Is the specific site an appropriate location for such a use?
The site is located within the T district, which does not permit the use. However this location was
previously found to be appropriate for T -Mobile's existing facility as well as the two other
wireless facilities at the site.
2. Will the use as developed adversely affect the neighborhood?
It is not expected that the modifications to the existing facility would adversely affect the
neighborhood as the site would continue to house three wireless facilities. The proposed facility
would not exceed the height of existing equipment and would be designed to blend in with the
existing rooftop structures so as to minimize the visual and aesthetic impact to the adjacent
properties and public way.
3. Will there be a nuisance or serious hazard to vehicles or pedestrians?
The existing wireless facility has not been found to have caused a significant nuisance or serious
hazard to vehicles or pedestrians. The proposed modification to the existing installation will not
change as it will remain an unmanned facility that is serviced approximately one to two times per
month.
4. Are adequate and appropriate facilities provided for the proper operation of the proposed
use?
Adequate and appropriate facilities are provided through existing utilities (electrical and
telephone service) for the proper operation of the modified use. The Petitioner states that the
modifications would actually cause a reduction in the amount of power needed to operate the
facility. The facility will be inspected monthly to ensure it remains in good working order and in
compliance with all applicable local, state, and federal laws.
D. 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."
5
462 Mt Auburn Street
ZBA-2012-23
October 11, 2012
Planning Board Report
The proposal to replace the existing antennas with new antennas and the addition of three (3) new
antennas would not create any significant noticeable changes and therefore would not be
substantially more detrimental than the existing installation.
V. PLANNING BOARD VOTE/RECOMMENDATION:
Linda Tuttle -Barletta made a motion to recommend to the ZBA approval of the requested
Amendment to a Special Permit Finding and TCA Variance and to adopt the Staff findings
and conditions as outlined in the Staff Report. Jeff Brown seconded the motion. The motion
passed 5-0.
VI. CONDITIONS:
#
Condition
Timeframe
for
Compliance
To be
Verified
by:
1
Approval is for the modification of the existing wireless facility
with the replacement of three (3) panel antennas and addition of
three (3) new panel antennas and associated cabling.
The Control Plans shall be: the plan set entitled "4BS0624A, BS0624
Mt Auburn, Watertown: G-001, Title Sheet (dated 6/21/12 and revised
8/7/12); G-002, Abbreviations, Symbols & General Notes (dated
6/21/12 and revised 7/13/12); S-501, Antenna Attachment Details
(dated 6/21/12 and revised 8/7/12); S-502, Antenna Attachment
Details (dated 6/21/12 and revised 7/2/12); E-011, Roof Plan (dated
6/21/12 and revised 8/7/12); E-201, Exterior Elevations (6/21/12 and
revised 8/7/12); E-401, Enlarged Equipment Plan & Details (dated
6/21/12 and revised 7/13/12) all prepared by Turning Mill
Consultants, Inc.
BP,
Perpetual
ZEO/ISD
2
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 a copy to the DCD&P, Zoning Enforcement
Officer, and Building Inspector, for an opinion of the Board of
Appeals as to whether or not such change or modification requires
further modification of this approval and if the Board of Appeals so
requires, seeking and obtaining such further modification from the
Board of Appeals.
CO
ZEO/ISD
3
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
The Petitioner shall comply with all other applicable local, state, and
federal requirements, ordinances, and statutes.
CO
ZEO/ISD
5
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
6
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
The petitioner will be subject to Section 5.13(b) of the Ordinances of
Perpetual
ZEO
6
462 Mt Auburn Street
ZBA-2012-23
October 11, 2012
Planning Board Report
#
Condition
Timeframe
for
Compliance
To be
Verified
by:
the Town of Watertown regarding Removal of Abandoned Facilities.
8
The petitioner shall comply with all applicable federal, state, and local
requirements with respect to its operation of the wireless
communication facility.
Perpetual
ZEO
9
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
10
The antennas will be painted and textured to closely match the facade
material(s) to which they are attached.
Perpetual
Planning
11
In accordance with WZO §9.13 & §9.14, special permits and
variances 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 previous conditions shall remain in full force and effect.
Perpetual
ZEO
7