T-Mobile Application for Special Permits
Transcription
T-Mobile Application for Special Permits
Zoning Board of Appeals Town of Ashland Application for Special Permit Extension of a Pre-Existing Non-Conforming Structure Supporting Brief and Exhibits Installation of a Structure-mounted Wireless Communications Facility Address: 34 Albert Ray Drive (Map 9, Lot 173) Applicant: T-Mobile Northeast LLC 15 Commerce Way, Suite B Norton, MA 02766 Submitted by: John-Markus Pinard Centerline Communications LLC 960 Turnpike Street, Suite 28 Canton, MA 02021 Telephone: (508)667-0363 Facsimile: (617)249-0819 TABLE OF CONTENTS Application to the Zoning Board of Appeals for a Special Permit Extension of a Pre-Existing Non-Conforming Structure 34 Albert Ray Drive Ashland, MA ______________________________________________________________________________ Exhibit 1 Application Form Letter of Authorization Exhibit 2 Supporting Statement Exhibit 3 Project Narrative Exhibit 4 Viewshed Analysis Exhibit 5 Alternate Site Analysis Exhibit 6 Radio Frequency Affidavit Exhibit 7 Radio Frequency Propagation Maps Exhibit 8 Noise Study Exhibit 9 EME Report Exhibit 10 Structural Analysis Exhibit 11 FCC License Exhibit 12 Antenna/Equipment Specification Sheet Exhibit 13 Assessors Map Exhibit 14 Site Plan Exhibit 15 Towair Report Exhibit 16 MA Historical Commission Compliance Exhibit 17 MA Department of Health Policy Exhibit 18 Redacted Lease EXHIBIT 1 Application Form TOWN OF ASHLAND, MASSACHUSETTS OFFICE OF PLANNING BOARD & PLANNING DIRECTOR PLANNING BOARD AS SPECIAL PERMIT GRANTING AUTHORITY APPLICATION FOR SPECIAL PERMIT, CODE – TOWN OF ASHLAND 2/11/11 DATE: ____________________________ The undersigned applies for Special Permit pursuant to terms of Zoning Chapter 282 for premises located at _________________________________, which is in a ______________________ Zoning 34 Albert Ray Drive Residential District, and is shown on the Assessors’ Map as SHEET ______________, LOT ________, Registry of 9 173 Deed’s respect: grant per Section(s) _________________ of said Chapter with such reasonable 3.3 conditions, safeguards or limitations on time or use, deemed necessary to serve the intended purposes. 1. SPECIAL PERMIT IS FOR (type) and (proposed use) The Applicant is seeking to extend a Pre-Existing Non-Conforming Structure with respect to the Installation of a Wireless Communications Facility pursuant to Section 3.3 of the Zoning Ordinance and said installation substantially complies with Section 8.3 of the Ordinance. 2. IF SPECIAL PERMIT is allowed, it will be of some substantial benefit and serve some need of the Town because: The proposed wireless facility will a benefit to the community by allowing for competitive wireless telecommunications services to the residents and businesses of the Town of Ashland and assisting the Town of Ashland with its obligations under the Telecommunications Act of 1996. 3. IF SPECIAL PERMIT is allowed, the proposed use shall not create a condition peculiar to the particular case that cause nuisance, hazard, congestion or for other reason, cause substantial harm to the established or future character of the neighborhood because: Please see the supporting statement to this application as Exhibit 2 as part of this application. 4. APPLICANT is (owner) (lessee of) (under agreement to purchase) (under agreement to lease) (Please circle which applies) Centerline Communications LLC, Applicant: __________________________ agent for T-Mobile Northeast LLC Turnpike Street, Suite 28, Canton, Address: 960 ___________________________ MA 02021 ________________________________________ Reviewed for Content, Inspector of Buildings NOTE: APPLICANT SHALL NOT BE ACCEPTED FOR HEARING WITHOUT COMPLETE DOCUMENTATION. Tel.: (508)667-0363 _______________________________ John-Markus Pinard, Agent (508)667-0363 By: Scott _______________________________ Lacy, Esq. (508)801-5084 Agent or Attorney Telephone Sign:________________________________ EXHIBIT 2 Supporting Statement February 11, 2011 Town of Ashland Zoning Board of Appeals 101 Main Street Ashland, MA 01721 Re: Property Address: Applicant: Owner: Application for Special Permit Extension of a Pre-Existing Non-Conforming Structure 34 Albert Ray Drive Assessor's Map 9, Lot 173 (the "Property") T-Mobile Northeast LLC Crown Atlantic Company LLC Dear Honorable Members of the Ashland Zoning Board of Appeals: Centerline Communications represents the Applicant in connection with an application for a Special Permit to extend a pre-existing non-conforming structure from the Town of Ashland Zoning Board of Appeals (the “Board”) with respect to its proposed installation and operation of a Wireless Communication Facility (the “Facility”). The Applicant proposes to install and operate the Facility, pursuant to Section 3.3 of the Town of Ashland’s Zoning Ordinance (the “Ordinance”) and said installation substantially complies with Section 8.3 of the Ordinance, regulating wireless communication facilities. As more fully described herein, the Facility falls within the purview of this section and is consistent with the intent and purpose of the Ordinance. The Facility will consist of three (3) wireless communication antennas mounted at a height of 90’ to the existing 104’ monopole, one (1) E911 Global Positioning System (GPS)/GSM antenna, associated radio cabinets mounted on a concrete pad within the ten foot by twenty foot (10’ x 20’) lease area and associated coaxial cables housed by a cable tray. The Facility is more fully described herein and illustrated on the plans attached hereto, and incorporated herein by reference (the "Plans"). The existing wireless communication facility is located within the Residence A (RA) District and is located within three hundred feet (300’) of existing residential structures. Although the Planning Board is normally the Special Permit Granting Authority with respect to wireless communication facilities, its authority is limited under Section 8.3.3(4)(a) of the Ordinance because the existing tower is located within 300 feet of a residential building, which makes it a pre-existing, non-conforming structure, and, therefore, the proposed application to modify the existing structure must be filed with the Zoning Board of Appeals. As such, the Applicant is seeking the necessary zoning relief from this Board for its installation pursuant to Section 3.3.3 of the Ordinance, as more fully described below. In light of the Federal Telecommunications Act of 1996 (the “1996 Act”), the Facility complies with the Town of Ashland’s Comprehensive Plan. The Board is vested with the authority to grant the requested approval herein, pursuant to the Ordinance. I. Background The Applicant is licensed by the Federal Communications Commission to construct and operate a wireless telecommunications network in various markets throughout the country, including the Commonwealth of Massachusetts and in particular the Town of Ashland. A copy of the Applicant's FCC license is attached hereto. The Applicant is in the process of designing and constructing a telecommunication system to serve Massachusetts. One of the key design objectives of its systems is to provide adequate and reliable coverage. Such a system requires a grid of radio transmitting and receiving links located approximately .5 to 2 miles apart, depending on the location of existing and proposed installations in the surrounding area, the existing use of the network and the existing topography. The radio transmitting and receiving facilities operate on a line-of site basis, requiring a clear path from the facility to the user on the ground. This dynamic requires the antennas to be located above the tree line, and in a location where the signal is not obstructed or degraded by other buildings or by topographical features such as hills. II. RF Coverage Determination The Applicant has performed a study of radio frequency coverage for the Town of Ashland and from the Property, the results of which are shown on the coverage maps submitted herewith. As depicted on the coverage maps, Applicant is currently experiencing a significant gap in service coverage. The Applicant has determined that a wireless communication facility located on the Property will provide adequate coverage to a portion of the targeted sections of the Town of Ashland and the immediately surrounding area if the Applicant's height of the facility is 90’. In connection herewith, the Applicant has submitted a radio frequency propagation map which shows its current coverage and the gap in coverage that the proposed site will fill, as well as a radio frequency propagation map showing the anticipated coverage from the site. III. Legal Argument A. The proposed Facility satisfies the standards for the grant of a Special Permit pursuant to Section 3.3 of the Ordinance. The proposed Wireless Facility satisfies the criteria for the grant of the requested relief as set forth in Section 3.3.3 of the Ordinance as follows: 3.3.3 Nonconforming Structures. The Board of Appeals may award a special permit to reconstruct, extend, alter, or change a nonconforming structure in accordance with this section only if it determines that such reconstruction, extension, alteration, or change shall not be substantially more detrimental than the existing nonconforming structure to the neighborhood. The following types of changes to nonconforming structures may be considered by the Board of Appeals: 1. Reconstructed, extended or structurally changed; The Applicant is requesting to extend a Pre-Existing Non-Conforming Structure in a residential zoning district. The Applicant is proposing to install antennas at the ninety foot (90’) level on an existing one hundred and four foot (104’) monopole and equipment within the existing footprint of the existing wireless communication facility. The Applicant’s proposed use is consistent with the current use of the property and the proposed installation is substantially similar to other existing installations at the Facility. The proposed Facility will minimize potential adverse visual impacts and changes to the general character of the area while allowing an FCC licensed provider of wireless services the ability to provide adequate service in the area as the Applicant will be utilizing an existing structure. The proposed location is reasonably adaptable to the proposed wireless communications use because it is an existing wireless facility. The Applicant is not extending the tower or expanding the compound. The Applicant seeks to avoid the unnecessary proliferation of towers and to reduce the potential adverse environmental effects of a new tower facility, while at the same time ensuring the quality of service provided by the site to users of its network. The Property is unique in that it already has a viable, available existing structure on it. The proposed Wireless Facility will have little impact on the surrounding areas because the proposed Wireless Facility is an insignificant addition to the existing tower. 2. Altered to provide for a substantially different purpose or for the same purpose in a substantially different manner or to a substantially greater extent. The Applicant is proposing to utilize the existing non-conforming structure in a manner consistent with its current use. The Property is unique in that it already has a viable, available existing structure on it. The proposed Wireless Facility will have little impact on the surrounding areas because the proposed Wireless Facility is an insignificant addition to the existing tower. B. The proposed Facility substantially complies with the requirements Section 8.3 of the Ordinance. To the extent feasible, the Applicant’s proposal satisfies the criteria for installation of a Wireless Facility set forth in Section 8.3 of the Ordinance as set forth below: 8.3.3 District Regulations. 1. New or modified WCFs in Ashland’s zoning districts shall require a special permit from the SPGA. These include ground mounts, building (roof or side) mounts, and WCFs mounted on other existing structures. These also include replacement, expansion, upgrade, modification, or significant change in appearance of a WCF such as an extension in height or width; addition of cells, antennae, or panels; upgrade of technology; or a new replacement of a facility. The Applicant shall submit documentation of the legal right, physical need, and structural capacity to install and/ or use the proposed facility mount at the time of application of the special permit. The Applicant is proposing to modify an existing wireless communication facility located in the Residence A Zoning District and is pursuing a Special Permit to extend a PreExisting Non-Conforming Structure. The Applicant has submitted all supplemental documentation as part of this package. 2. In commercial and industrial zoning districts, WCFs are allowed in all areas, subject to the exceptions listed below. This section is not applicable as the property is located in the Residence A (RA) Zoning District. 3. In residential zoning districts, WCFs are not allowed in any areas unless the Applicant can show that the proposed location is necessary to close a significant gap in wireless service AND no feasible alternative, location, or technology exists, subject to the exceptions listed below. The Applicant is already operating on all available facilities in the area and has exhausted all opportunities to fill its gap in coverage from existing sites. The Applicant has provided with this application Radio Frequency Plots indicating the locations of existing facilities and service provided thereby, an affidavit of a Radio Frequency Engineer explaining the nature of the existing gap in coverage, and an alternate site analysis documenting attempts to locate on existing structures or alternate locations. There are no other available structures that the Applicant can use to close their significant gap in the area. 4. Under no conditions will the SPGA allow a new or modified WCF located: a. within 300 feet of a residential building in Ashland’s residential zoning districts; The Property is located within 300 feet of a residential building; however, the Applicant is requesting to extend a Pre-Existing Non-Conforming Structure located in a residential zoning district. The Applicant is proposing to install antennas at the ninety foot (90’) level on an existing one hundred and four foot (104’) monopole and equipment within the existing fenced compound of the existing wireless communication facility. The Applicant’s proposed use is consistent with the current use of the property and the proposed installation is substantially similar to other existing installations at the Facility. The proposed antennas and related equipment will not be located any closer to the existing residential buildings than the existing wireless communication facilities already located at the site. The proposed use complies with the Ordinance to the greatest extent reasonably feasible. The Facility will minimize potential adverse visual impacts and changes to the general character of the area while allowing an FCC licensed provider of wireless services the ability to provide adequate service in the area. The proposed location is reasonably adaptable to the proposed wireless communications use because it is an existing wireless facility. The Applicant is not extending the tower or expanding the compound. b. within 300 feet of a building in Ashland licensed by the Massachusetts Department of Elementary and Secondary Education to educate persons under the age of 18; and The subject parcel is not located within 300 feet of a school. c. on land for which there is a permanent conservation restriction as authorized under Sections 31-33 of Chapter 184 of the General Laws of Massachusetts OR there are active/ fixed recreational activities including but not limited to playgrounds, ball fields, and tennis courts. The subject parcel does not have any permanent conservation restrictions. 5. Notwithstanding any of these regulations, the Town encourages co-location on existing structures, including but not limited to existing WCFs, buildings, water towers, utility poles and towers, and related facilities, provided such installations preserve the character and integrity of those structures. In particular Applicants are urged to consider use of existing telephone and electric utility structures. The Applicant is proposing to co-locate on an existing free-standing monopole in accordance with this section of the Ordinance. The Applicant has evaluated the existing electrical utility structures surrounding the area where there is a coverage gap and determined that these are not viable alternatives. Please see the alternate site analysis for further explanation. 6. WCFs on existing structures shall: a. Not extend the height of the existing structure unless the structure meets all requirements of this Bylaw; No extension is proposed. The proposed installation will be at a height of 90’ on the 104’ monopole. b. not project above the existing structure by more than ten feet; No extension is proposed. The proposed installation will be at a height of 90’ on the 104’ monopole. c. be finished in a manner designed to be aesthetically consistent with the exterior finish of the structure; The Applicant is proposing to install their antennas in a way that is aesthetically consistent to what is currently on the monopole. The equipment will be placed inside of the fenced compound and the antennas, including mounting hardware, will be painted to match the color of the monopole. d. be mounted so that it does not obscure any window or other exterior architectural feature; and The installation will not obscure any windows or architectural features. e. not exceed fifty (50) square feet of front surface facing surrounding streets and adjacent properties, individually or in aggregate. In reviewing an application the SPGA may increase this surface if it finds that a substantially better design will result from such increase. In making such a finding the SPGA shall consider both the visual and safety impacts of the proposed use. The Applicant is proposing to install its ground equipment within an existing stockade-fenced compound. No expansion is proposed. The antennas spec sheets are attached as part of this application and do not exceed fifty (50) square feet of front surface. 7. WCFs in new locations shall: a. be allowed only if the Applicant has definitively demonstrated that there are no feasible existing structures upon which to locate; This sub-section is not applicable. The Applicant is proposing to co-locate on an existing Wireless Communication Facility. b. be camouflaged to the greatest extent possible, including but not limited to the use of compatible building materials and colors, screening, and landscaping; and This sub-section is not applicable. The Applicant is proposing to co-locate on an existing Wireless Communication Facility. c. include a “fall zone” equal to 150% of the height of the facility/ mount, including any antennae or other appurtenances. Within this fall zone there shall be no habitable structure and the Applicant shall demonstrate control of the land (via lease or ownership) to prohibit future habitable construction. In reviewing an application the SPGA may reduce the required fall zone by as much as 50% of the required distance if it finds that a substantially better design will result from such reduction. In making such a finding the SPGA shall consider both the visual and safety impacts of the proposed use. This sub-section is not applicable. The Applicant is proposing to co-locate on an existing Wireless Communication Facility. 8. All WCFs shall: a. be no higher than ten feet above the average height AGL of buildings, tree canopy, or other structures within 300 feet OR, if on an existing structure, ten feet above the height of the existing structure, whichever is higher; No extension is proposed. The proposed installation will be at a height of 90’ on the 104’ existing structure. b. be no higher than ten feet above the height limit of the zoning district within which the WCF is located, unless the WCF is completely camouflaged such as within a flagpole, steeple, chimney, or similar structure; and c. meet the setback requirements of the underlying zoning district. The Applicant is seeking a Special Permit to extend a Pre-Existing NonConforming Structure. There will be no increase in the height of the existing monopole and setbacks will not change as the equipment will be installed inside the existing fenced compound. 8.3.4 Special Permit Regulations. All Wireless Communications Facilities shall comply with the Requirements and Performance Standards set forth in this section. 1. The following types of wireless communications facilities are exempt from the Special Permit requirement of this bylaw and may be constructed, erected, installed, placed and/or used within the Town subject to the issuance of a building permit by the Building Commissioner: This section is not applicable. The application is not exempt from applicable zoning relief. 2. The SPGA shall not grant a Special Permit for lattice towers and similar facilities requiring three (3) or more legs and/or guy wires for support. Only monopoles, with associated antenna and/or panels, are allowed. The Applicant is seeking a Special Permit to install panel antennas on a monopole structure. 3. Any new free standing towers shall be designed to structurally accommodate the maximum number of foreseeable users (within a ten (10) year period) as technically practicable. The intent of this requirement is to reduce the number of facilities which will be required to be located within the community. This sub-section is not applicable. The Applicant is proposing to co-locate on an existing Wireless Communication Facility. 4. Design Standards a. Site Design Standards i. All wireless communications facilities shall minimize, to the extent feasible, adverse visual effects on the environment, the community and surrounding communities. The SPGA may impose reasonable conditions to ensure this result, including painting, screening and lighting standards. The Applicant is attempting to comply as closely as possible with all portions of the Ordinance. The proposed host parcel is in a Residential District but contains a use that is not residential. The proposed design is not as impactful from a visual perspective as would be a co-location on a parcel containing a tower, which meets the spirit of the Ordinance. ii. Access shall be provided to a tower site by a roadway which respects the natural terrain, does not appear as a scar on the landscape and is approved by the SPGA, the SPGA and the Fire Chief to assure emergency access at all times. Consideration shall be given to design which minimizes erosion, construction on unstable soils and steep slopes. The access will be over an existing drive and no improvements are proposed or needed. iii. There shall be a minimum of one (1) parking space for each WCF to be used in connection with the maintenance of the site, and not to be used for the permanent storage of vehicles or other equipment. The Facility has adequate parking for maintenance personal at the site and will not be used for permanent storage of vehicles or other equipment. iv. Traffic associated with the tower and accessory facilities and structures shall not adversely affect abutting ways. The proposed use is passive, requires no employees on the premises and has no characteristics that are incompatible with the abutting ways. Specifically, it will generate, on average, only approximately two (2) trips per month by one (1) service technician for routine maintenance. b. Visibility/Camouflage. All WCFs shall be sited in such a manner that the view of the facility from adjacent abutters, residential neighbors and other areas of the Town or Adjacent Towns shall be as limited as possible. All monopoles and dishes shall be painted or otherwise colored so as to blend in with the landscape or the structure on which they are located. A different color scheme shall be used to blend the structure with the landscape below and above the tree or building line. The granting of the requested relief will not alter the general character of the surrounding area or impair the intent or purpose of the Ordinance or the comprehensive plan upon which the Ordinance is based. The proposed use complies with the Ordinance to the greatest extent reasonably feasible. The Facility will minimize potential adverse visual impacts and changes to the general character of the area while allowing an FCC licensed provider of wireless services the ability to provide adequate service in the area. The proposed location is reasonably adaptable to the proposed wireless communications use because it is an existing structure. The proposed location is reasonably adaptable to the proposed wireless communications use because it does not involve any clearing of trees and does not involve intrusion upon existing wetlands or other interests protected by the Ordinance. The equipment will be placed inside of the fenced compound and the antennas, including mounting hardware, will be painted to match the color of the monopole. Satellite dishes and/or antennae shall be situated on or attached to a structure in such a manner that they are screened, preferably not being visible from abutting streets. Free-standing dishes or antennae shall be located on the landscape in such a manner so as to minimize visibility from abutting streets and residences and to limit the need to remove existing vegetation. All equipment shall be colored, molded and/or installed to blend into the structure and/or the landscape. Wireless Communications Facilities shall be camouflaged as follows: i. Camouflage by Existing Buildings or Structures. When a Wireless Communications Facility extends above the roof height of a building on which it is mounted, every effort shall be made to conceal the facility within or behind existing architectural features to limit its visibility from public ways. Facilities mounted on a roof shall be stepped back from the front facade in order to limit their impact on the building's silhouette. Wireless Communications Facilities which are side mounted shall blend with the existing building's architecture and shall be painted or shielded with material which is consistent with the design features and materials of the building. This sub-section is not applicable. The Applicant is not proposing to mount antennas on an existing building. ii. Camouflage by Vegetation. If Wireless Communications Facilities are not camouflaged from public viewing areas by existing buildings or structures, they shall be surrounded by buffers of dense tree growth and understory vegetation in all directions to create an effective year-round visual buffer. Ground-mounted Wireless Communications Facilities shall provide a vegetated buffer of sufficient height and depth to effectively screen the facility. Trees and vegetation may be existing on the subject property or installed as part of the proposed facility or a combination of both. Existing on-site vegetation shall be preserved to the maximum extent practicable. The SPGA shall determine the types of trees and plant materials and depth of the needed buffer based on site conditions. The existing on-site vegetation will not be disturbed during and after the installation of the wireless communications facility. The parcel currently has a substantial amount of vegetated buffer to screen the ground equipment from abutting views. Please see the Viewshed Analysis enclosed as part of this submission for further evidence. iii. Color. Wireless Communications Facilities which are side-mounted on buildings shall be painted or constructed of materials to match the color of the building material directly behind them. To the extent that any Wireless Communications Facilities extend above the height of the vegetation immediately surrounding it, they shall be painted in a light grey or light blue hue which blends with sky and clouds. The portion of a building-mounted WCF extending above the building shall be painted to blend with sky and clouds. The Applicant agrees to comply with any reasonable request from the Board to blend the antennas with the immediate surroundings. c. Equipment Shelters. Where feasible, the equipment to relay the wireless transmission or to transfer the wireless transmissions to the phone system shall be located inside an existing structure. Otherwise, such equipment shall be located in a new structure in a location where the visual impact to the community and surrounding communities will be minimized. The SPGA may impose conditions on the siting and screening of such structure. Equipment shelters for Wireless Communications Facilities shall be designed consistent with one of the following design standards: i. Equipment shelters shall be located in underground vaults; The proposed equipment location is inside the existing stockade fence. There is no proposed expansion of the compound and is consistent with the current design of the wireless communication facility. ii. Equipment shelters shall be designed to be consistent with the architectural context, styles and materials, of the surrounding neighborhood as determined by the SPGA. The proposed equipment location is inside the existing stockade fence. There is no proposed expansion of the compound and is consistent with the current design of the wireless communication facility. iii. Equipment shelters shall be camouflaged behind an effective yearround landscape buffer, equal to the height of the proposed building, and/or wooden fence. The SPGA shall determine the style of fencing and/or landscape buffer that is compatible with the neighborhood. The parcel currently has a substantial amount of vegetated buffer to screen the ground equipment from abutting views. Please see the Viewshed Analysis enclosed as part of this submission for further evidence. d. Lighting and Signage: i. Wireless Communications Facilities shall be lighted only if required by the Federal Aviation Administration (FAA). Lighting of equipment structures and any other facilities on site shall be shielded from abutting properties There shall be total cutoff of all light at the property lines of the parcel to be developed, and footcandle measurements at the property line shall be 0.0 initial footcandles when measured at grade. This sub-section is not applicable. The existing structure is not lit and the proposed installation will not require any additional lighting anywhere on the property. ii. There shall be no signs, except for announcement signs, danger signs, "No Trespassing" signs and a required sign giving the telephone number where the owner may be reached on a twenty-four-hour (24-hr.) basis. All signs shall conform with the Town of Ashland Sign Bylaws. The Applicant is not proposing to install any additional signage on the outside of the fenced compound other than a small sign on the fence entrance as required by the FCC. e. Historic Buildings and Districts: i. Any Wireless Communications Facilities located on or within an historic structure shall not alter the character-defining features, distinctive construction methods, or original historic materials of the building. This sub-section is not applicable. The Applicant is not installing antennas on or within a historic structure. ii. Any alteration made to an historic structure to accommodate a Wireless Communications Facility shall be fully reversible. This sub-section is not applicable. The Applicant is not installing antennas on or within a historic structure. iii. Wireless Communications Facilities within an historic district shall be concealed within or behind existing architectural features, or shall be located so that they are not visible from public roads and viewing areas within the district. This sub-section is not applicable. The subject property is not located within a historic district. f. Scenic Landscapes and Vistas: i. Wireless Communications Facilities shall not be located within open areas that are visible from public roads, recreational areas or residential development. As required in the Camouflage section above, all groundmounted Wireless Communications Facilities which are not camouflaged by existing buildings or structures shall be surrounded by a buffer of dense tree growth. The Applicant is requesting to extend a Pre-Existing Non-Conforming Structure in a residential zoning district. The proposed use complies with the Ordinance to the greatest extent reasonably feasible. The Facility will minimize potential adverse visual impacts and changes to the general character of the area while allowing an FCC licensed provider of wireless services the ability to provide adequate service in the area. The proposed location is reasonably adaptable to the proposed wireless communications use because it is an existing wireless facility. The Applicant is not extending the tower or expanding the compound. The proposed location is reasonably adaptable to the proposed wireless communications use because it does not involve any clearing of trees and does not involve intrusion upon existing wetlands or other interests protected by the Ordinance. The equipment will be placed inside of the fenced compound and the antennas, including mounting hardware, will be painted to match the color of the monopole. ii. Any Wireless Communications Facility that is located within 300 feet of a scenic vista, scenic landscape, or scenic road as designated by the townshall not exceed the height of vegetation at the proposed location. If the facility is located farther than 300 feet from those elements, the height regulations described elsewhere in this bylaw will apply. The Applicant is proposing to install antennas on an existing structure. The compound will not be expanded and the structure will not be extended. g. Service Utilities. All utilities, which will service the proposed personal wireless service facility, shall be located below ground from the facility’s property line. The Applicant will be using the existing utility services coming into the compound. All telephone and electric servicing the wireless communications facility will be located underground inside the compound. h. Environmental Standards: i. Wireless Communications Facilities shall not be located in wetlands. Locating of wireless facilities in wetland buffer areas shall be avoided whenever possible and disturbance to wetland buffer areas shall be minimized and subject to approval of the Conservation Commission. The Applicant is not proposing to install their facility in wetlands or within the wetland buffer areas. ii. No hazardous waste shall be discharged on the site of any Wireless Communications Facility. If any hazardous materials are to be used on site, there shall be provisions for full containment of such materials. An enclosed containment area shall be provided with a sealed floor, designed to contain at least 110% of the volume of the hazardous materials stored or used on the site. The Applicant will not be introducing or discharging any hazardous waste on the site of the Wireless Communication Facility iii. Stormwater run-off shall be contained on-site. Any WCF or related groundwork shall comply with Chapter 282 sec 9.4 (Site Plan Review) and Chapter 247 Stormwater Management of the Codes of the Town of Ashland. The Applicant agrees to comply with the Stormwater Management Codes of the Town of Ashland. iv. Ground-mounted equipment for Wireless Communications Facilities shall not generate noise in excess of 50 db at the property line. The Applicant’s installation will not generate noise in excess of 50 db at the property lines. There has been a noise study included as part of this submission as evidence. v. Roof-mounted or side-mounted equipment for Wireless Communications Facilities shall not generate noise in excess of 50 db at ground level at the base of the building closest to the antenna. This sub-section is not applicable. The Applicant’s equipment will be placed at the base of the structure within the compound. i. Safety Standards: i. Radiofrequency Radiation (RFR) Standards. All equipment proposed for a Wireless Communications Facility shall be authorized per the FCC Guidelines for Evaluating the Environmental Effects of Radiofrequency Radiation (FCC Guidelines), as well as the Massachusetts Department of Public Health standards with respect to emissions from wireless facilities. The Facility complies and will continue to comply with the standards and regulations of the FAA, FCC and any other agency frequency emission standards established by the FCC. The Applicant has provided Town of Ashland with their FCC license to own and operate a wireless telecommunications facility and compliance with the FAA as part of this application. In addition, the Applicant has also supplied a letter from the Department of Health indicating that they no longer review wireless communications facilities for emission compliance. ii. All ground-mounted WCFs shall be surrounded by a security barrier. The security barrier shall be a minimum of eight (8) feet in height. All fencing, walls and gates shall be compatible with the context of the existing neighborhood and community as determined by the SPGA and the Building Inspector. The Applicant’s equipment will be installed within the existing stockade fenced compound. There will be no expansion or modifications done to the security barrier that currently exists at the site. 8.3.5 Application Procedures. 1. All persons desiring to erect, replace, upgrade or modify a WCF shall apply for a Special Permit from the SPGA. As part of any application for a permit, applicants shall submit the information required for special permit approval as set forth herein and by the Town of Ashland. The Applicant is applying for a Special Permit to extend a Pre-Existing Non-Conforming Structure pursuant to Section 3.3.3 and Section 8.3 of the Town of Ashland Bylaws. 2. If the SPGA determines that independent review of the special permit is required, the Board will require the applicant to pay a review fee consisting of reasonable costs to be incurred by the Board for the employment of outside consultants pursuant to SPGA rules as authorized by G.L. c. 44, Section 53G. The Applicant agrees to provide a review fee of reasonable costs to be incurred by the Board for an outside consultant. 3. Fees for permits shall be established and amended periodically by the Special Permit Granting Authority. 4. No application shall be accepted or acted upon until all the required information as set forth in this bylaw is provided by the applicant and all required fees are paid. The Applicant requests that they receive written notice within 30 days of filing as stated in the letter accompanying this application. 5. The Building Commissioner or his agent shall perform a field inspection on all applications for a WCF prior to the hearing for the Special Permit. The results of the inspection shall become a permanent part of the applicant's file on a form prescribed by the Building Commissioner, and shall bear the date of inspection, comments and the signature of the inspecting officer. 6. The SPGA may impose written conditions on the Special Permit. The Applicant agrees to comply with reasonable conditions imposed by the SPGA. 7. Pre-Application Conference. Prior to the submission of an application for a Special Permit under this regulation, the applicant is strongly encouraged to meet with the SPGA at a public meeting to discuss the proposed Wireless Communications Facility in general terms and to clarify the filing requirements. The SPGA shall meet with an applicant under this regulation within twenty-one (21) days following a written request submitted to the SPGA and the Town Clerk. If the SPGA fails to meet with an applicant who has requested such a meeting within twenty-one (21) days of said request and said meeting has not been postponed due to mutual agreement, the applicant may proceed with a Special Permit application under this regulation without need for a pre-application conference. The Applicant had a Pre-Application Conference with the Planning Department on February 8, 2011. 8. Pre-Application Filing Requirements. The purpose of the conference is to inform the SPGA as to the preliminary nature of the proposed Wireless Communications Facility. As such, no formal filings are required for the pre-application conference. However, the applicant is encouraged to prepare sufficient preliminary architectural and/or engineering drawings to inform the SPGA of the location of the proposed facility, as well as its scale and overall design. The Applicant has requested a Pre-Application Conference and submitted drawings on 2/1/11. 9. Application Filing Requirements. Ten copies of the following shall be included with an application for a Special Permit for all Wireless Communications Facilities: a. General Filing Requirements: i. Name, address and telephone number of applicant and any coapplicants as well as any agents for the applicant or co-applicants. Please see the site plans that have been submitted as part of this application. ii. Co-applicants may include the landowner of the subject property, licensed carriers and tenants for the Wireless Communications Facility. The Applicant is a licensed carrier and tenant for the Wireless Communications Facility. iii. A licensed carrier shall either be an applicant or a co-applicant. The Applicant is a licensed carrier in the Commonwealth of Massachusetts. Please see the FCC license that has been submitted as part of this application. iv. Original signatures for the applicant and all co-applicants applying for the Special Permit. If the applicant or co-applicant will be represented by an agent, original signature authorizing the agent to represent the applicant and/or co-applicant. Photoreproductions of signatures will not be accepted. The Application includes an original signature authorizing the agent to represent the Applicant. In addition, the Owner has submitted a letter giving the Applicant permission to seek a Special Permit with the Town of Ashland. v. The owner of the WCF shall provide to the Town a certificate of insurance on a Commercial General Liability (CGL) form. The CGL insurance must be on an occurrence basis and at a limit as established and as may be amended from time to time by the Town of Ashland. The Applicant will supply the town with a CGL form as directed. b. Location Filing Requirements: i. Identify the subject property by including the Town as well as the name of the locality, name of the nearest road or roads, and street address, if any. Please see the site plans that have been submitted as part of this application ii. Tax map and parcel number of subject property. Please see the site plans that have been submitted as part of this application. iii. Zoning district designation for the subject parcel (Submit copy of Town zoning map with parcel identified). Please see the site plans that have been submitted as part of this application iv. A line map to scale showing the lot lines of the subject property and all properties within 300 feet and the location of all buildings, including accessory structures, on all properties shown. Please see the site plans that have been submitted as part of this application. v. A town-wide map showing the other existing Wireless Communications Facilities in the Town and outside the Town within one mile of its corporate limits. The Applicant has provided a town-wide map of its existing Wireless Communications Facility in the Town and outside of the Town within one mile of its corporate limits. The Applicant does not have locations regarding other carriers’ Facilities as that is proprietary information. vi. The proposed locations of all existing and future Wireless Communications Facilities in the T Facilities in the Town on a Town-wide map for this carrier own on a Town-wide map for this carrier. The Applicant has provided a town-wide map of its existing Wireless Communications Facility in the Town and outside of the Town within one mile of its corporate limits. c. Plan Filing Requirement. A one-inch-equals-40 feet vicinity plan showing the following: The Applicant has included all plan filing requirements on the site plan that was submitted as part of this application. d. Sight Line Filing Requirement: i. Sight line representation. A sight line representation shall be drawn from any public road within 300 feet and the closest facade of each residential building (viewpoint) within 300 feet to the highest point (visible point) of the Wireless Communications Facility. Each sight line shall be depicted in profile, drawn at one inch equals 40 feet. The profiles shall show all intervening trees and buildings. In the event there is only one (or more) residential building within 300 feet there shall be at least two sight lines from the closest habitable structures or public roads, if any. The Applicant has submitted photo simulations showing the before and after images of the proposed facility. These photographs were taken from five different viewpoints and show the tower from all different angles for a simulated view. ii. Existing (before condition) photographs. Each sight line shall be illustrated by one eight by ten inch color photograph of what can currently be seen from any public road within 300 feet. The Applicant has submitted photo simulations showing the before and after images of the proposed facility. These photographs were taken from five different viewpoints and show the tower from all different angles for a simulated view. iii. Proposed (after condition). Each of the existing condition photographs shall have the proposed Wireless Communications Facility superimposed on it to show what will be seen from public roads if the proposed Wireless Communications Facility is built. The Applicant has submitted photo simulations showing the before and after images of the proposed facility. These photographs were taken from five different viewpoints and show the tower from all different angles for a simulated view. e. Elevations Filing Requirement. Siting elevations, or views at-grade from the north, south, east and west for a 50-foot radius around the proposed Wireless Communications Facility plus from all existing public and private roads that serve the subject property. Elevations shall be at either one-quarter inch equals one foot or one-eighth inch equals one foot scale and show the following: The Applicant has included all elevation filing requirements on the site plan that was submitted as part of this application. f. Design Filing Requirements: i. Equipment brochures for the proposed Wireless Communications Facility such as manufacturer's specifications or trade journal reprints shall be provided for the antennas, mounts, equipment shelters, cables as well as cable runs, and security barrier, if any. The equipment specifications for antennas, mounts and cables can be found on the site plans submitted as part of this application. The Applicant has also included an antenna specification sheet for further detail. ii. Materials of the proposed Wireless Communications Facility specified by generic type and specific treatment (e.g., anodized aluminum, stained wood, painted fiberglass, etc.). These shall be provided for the antennas, mounts, equipment shelters, cables as well as cable runs, and security barrier, if any Colors of the proposed Wireless Communications Facility represented by a color board showing actual colors proposed. Colors shall be provided for the antennas, mounts, equipment shelters, cables as well as cable runs, and security barrier, if any. The antennas will be of similar color to what is existing on the tower. The equipment will be placed inside of the fenced compound and are being placed on a concrete pad located within the existing security barrier and will not be visible. The antennas, including mounting hardware, will be painted to match the color of the monopole. Dimensions of the Wireless Communications Facility specified for all three directions: height, width and breadth. These shall be provided for the antennas, mounts, equipment shelters and security barrier, if any. The equipment specifications for antennas, mounts and cables can be found on the site plans submitted as part of this application. The Applicant has also included an antenna specification sheet for further detail. iii. Appearance shown by at least two photographic superimpositions of the Wireless Communications Facility within the subject property. The photographic superimpositions shall be provided for the antennas, mounts, equipment shelters, cables as well as cable runs, and security barrier, if any, for the total height, width and breadth. The Applicant has submitted photo simulations showing the before and after images of the proposed facility. These photographs were taken from five different viewpoints and show the tower from all different angles for a simulated view. iv. Landscape plan including existing trees and shrubs and those proposed to be added, identified by size of specimen at installation and species. The existing landscape on the parcel has been identified on the site plans that were submitted as part of this application. In addition, the photo simulations accurately show what is currently on the property. v. Specifications for construction, lighting and wiring in accordance with State and National building codes, including a description of the capacity of the WCF, including the number and types of panels, antennas and/or transmitter receivers that it can accommodate and the basis for these calculations. Describe the technical, economic and other reasons for the tower design, and the need for the tower at the proposed location. The Applicant has submitted a structural analysis indicating the capacity of the Wireless Communications Facility and the number/type of equipment that is currently attached. Please see the introductory section of this supporting statement for the technical and economic reasons for the design and need at the specific location. vi. A statement of the services to be supported by the proposed communications structure; T-Mobile Northeast, LLC, formerly known as Omnipoint Communications, Inc., operates under T-Mobile USA, Inc. T-Mobile Northeast LLC (“T-Mobile”), an FCC licensed carrier, is registered to conduct business in each New England State and, in this context. TMobile USA, Inc.’s communication service is built upon the use of the GSM and UMTS operating systems. The GSM operating system is one of the world’s largest and most often employed operating systems. The company, as a whole, has been a provider of communications services since 1996 and through a series of mergers and license acquisitions, is a truly national wireless carrier with the largest license covered population of all carriers. The T-Mobile brand is marketed nationally and brings communication services from Hawaii to New England and points in between. vii. Describe the wireless telecommunications provider's master antenna plan, including detailed maps, showing the precise locations, characteristics of all antennas and towers and indicating coverage areas for current and future antennas and towers; The Applicant has submitted Radio Frequency Plots showing all current Wireless Communications Facilities within the Town of Ashland. A description of each facility is available upon request from the Board. viii. Evidence, if applicant is sole user of a structure, that all possible means of co-location for multiple use of antennae elsewhere have been exhausted The Applicant is proposing to co-locate on a structure built for the colocation of multiple users as preferred by the Town of Ashland. ix. If lighting of the site is proposed, the applicant shall submit a manufacturer’s computer-generated point-to-point printout, indicating the horizontal footcandle levels at grade, within the property to be developed and twenty-five (25) feet beyond the property lines. The printout shall indicate the locations and types of luminaires proposed. This sub-section is not applicable. The Applicant is not proposing any additional lighting at the site. x. Demonstrate that the tower and facilities comply with this regulation This sub-section is not applicable. The Applicant is not proposing any additional lighting at the site. xi. The SPGA may require the applicant to perform an on-site demonstration of the visibility of the proposed tower by means of a crane with a mock antenna array raised to the maximum height of the proposed tower. A colored 4' minimum diameter weather balloon held in place at the proposed site and maximum height of the tower may be substituted for the crane if approved by the SPGA. This demonstration shall take place after the application for Special Permit has been made, but prior to the close of the public hearing on said Special Permit and shall be maintained for a 10 hour period. The date, time and location of such test shall be advertised in a newspaper of general circulation in the Town at least 14 days, but not more than 21 days prior to the test. Failure, in the opinion of the SPGA, to adequately advertise this demonstration may be cause for the SPGA to require another, properly advertised demonstration. This sub-section is not applicable. The Applicant is proposing to mount antennas on an existing facility. g. Noise Filing Requirements. The applicant shall provide a statement listing the existing and maximum future projected measurements of noise from the proposed Wireless Communications Facilities, measured in decibels Ldn (logarithmic scale, accounting for greater sensitivity at night), for the following: i. Existing, or ambient: the measurements of existing noise. The Applicant has submitted a Noise Study as part of this application. ii. Existing plus proposed Wireless Communications Facilities: maximum estimate of noise from the proposed Wireless Communications Facility plus the existing noise environment. Such statement shall be certified and signed by an acoustical engineer, stating that noise measurements are accurate and meet the Noise Standards of this Bylaw. The Applicant has submitted a Noise Study as part of this application. h. Radiofrequency Radiation (RFR) Filing Requirements. Massachusetts Department of Public Health regulation 105 CMR 122.000 requires that the Department of Public Health approve all sites for wireless facilities with respect to emissions. Applicant must submit a copy of the approval letter from the Massachusetts Department of Public Health prior to project approval as part of their application package. Please see the letter from the Massachusetts Department of Public Health indicating that they no longer review Wireless Communications Facilities. The applicant shall provide a statement listing the existing and maximum future projected measurements of RFR from the proposed Wireless Communications Facility, for the following situations: i. Existing, or ambient: the measurements of existing RFR. Please see the enclosed EME Report for measurements. ii. Existing plus proposed Wireless Communications Facilities: maximum estimate of RFR from the proposed Wireless Communications Facility plus the existing RFR environment. Please see the enclosed RFR Analysis as part of this application. iii. Certification signed by a RF engineer stating that RFR measurements are accurate and meet FCC Guidelines as specified in the Radiofrequency Radiation Standards sub-section of this Bylaw. A site is considered out of compliance with FCC regulations if there are areas that exceed the FCC exposure limits and there are no RF hazard mitigation measures in place. Any carrier which has an installation that contributes more than 5% of the applicable MPE must participate in mitigating these RF hazards. Additionally, based on the FCC and MA DPH criteria, there are no measured areas on any accessible ground walking/working surface related to the existing site conditions that exceed the FCC and MA DPH occupational and general population exposure limits at this site. Please see the attached Affidavit signed by a Radio Frequency Engineer and an EME Study prepared by EBI Consulting. i. Federal Environmental Filing Requirements. The National Environmental Policy Act (NEPA) applies to all applications for Wireless Communications Facilities. NEPA is administered by the FCC via procedures adopted as Subpart 1, Section1.1301 et seq. (47 CRF Ch. I). The FCC requires that an environmental assessment (EA) be filed with the FCC prior to beginning operations for any Wireless Communications Facility proposed in or involving any of the following: The FCC does not require an EA be submitted on a co-location. The Applicant has been given a letter from the tower owner stating that they are in compliance with the FCC. At the time of application filing, an EA that meets FCC requirements shall be submitted to the Town for each Wireless Communications Facility site that requires such an EA to be submitted to the FCC. The FCC does not require an EA be submitted on a co-location. The Applicant has been given a letter from the tower owner stating that they are in compliance with the FCC. The applicant shall list location, type and amount (including trace elements) of any materials proposed for use within the Wireless Communications Facility that are considered hazardous by the federal, state or local government. The Applicant will not introduce, or install, any hazardous materials on-site. If any of these materials are proposed, the Applicant will supply a list to the Building Inspector. j. The Special Permit Granting Authority may waive one or more of the application filing requirements of this section if it finds that such information is not needed for a thorough review of a proposed Wireless Communications Facility. 8.3.8 Monitoring and Maintenance 1. After the Wireless Communications Facility is operational, the applicant shall submit, within 90 days of beginning operations, and at annual intervals from the date of issuance of the Special Permit, existing measurements of RFR emitted from the WCF in aggregate worst case conditions at 50’ foot intervals from the WCF up to 1000’ on an annual basis to the SPGA. The report will compare the measured results to the applicant’s calculated worst case scenario provided with its original application, to previous annual measurements and to stated FCC limits. The report will be made available to the public on the town web site. If the RFR levels are higher than what was indicated in its application the applicant will be asked to provide details as to why the levels are higher and what will be done to lower RFR to the levels approved by the SPGA. Such measurements shall be signed and certified by a RF engineer, stating that RFR measurements are accurate and meet FCC Guidelines as specified in the Radiofrequency Standards section of this Bylaw. At the request of the SPGA, the applicant shall pay for an independent and qualified third party hired by the Town to measure and report on the levels of RFR. The Applicant agrees to comply with this request. In addition, the Applicant agrees to pay for an independent and qualified third party provided that the cost is reasonably consistent with the industry standard. 2. After the Wireless Communications Facility is operational, the applicant shall submit, within 90 days of the issuance of the Special Permit, and at annual intervals from the date of issuance of the Special Permit, existing measurements of noise from the Wireless Communications Facility. Such measurements shall be signed by an acoustical engineer, stating that noise measurements are accurate and meet the Noise Standards provisions of this Bylaw. The Applicant agrees to comply with this request. 3. The applicant and co-applicant shall maintain the Wireless Communications Facility in good condition. Such maintenance shall include, but shall not be limited to, painting, structural integrity of the mount and security barrier, and maintenance of the buffer areas, landscaping and trash removal. Verification of maintenance and structural integrity by a certified structural engineer shall be required at the request of the Building Commissioner on a biannual basis. The Applicant has submitted a Structural Analysis as part of this application. 4. The WCF shall be subject to ongoing monitoring by the building commissioner with respect to adherence to all zoning ordinances and special permit conditions, including, but not limited to hours of operation, noise, lighting and on-site activity. The Applicant agrees to comply with all conditions placed on the Special Permit for the proposed Wireless Communications Facility. 8.3.9 Abandonment or Discontinuation of Use 1. At such time that a licensed carrier plans to abandon or discontinue operation of a Wireless Communications Facility, such carrier will notify the Town by certified U.S. mail of the proposed date of abandonment or discontinuation of operations. Such notice shall be given no less than 30 days prior to abandonment or discontinuation of operations. In the event that a licensed carrier fails to give such notice, the Wireless Communications Facility shall be considered abandoned upon such discontinuation of operations. If more than one WCF is located on the same structure, the facility is not considered abandoned unless all carriers have discontinued operations. In that case, each carrier shall be responsible for physically removing only the equipment specific to that carrier, in accordance with the provisions of this Bylaw. The Applicant agrees to remove its equipment from the structure if they plan on abandoning or discontinuing operation of the facility at this location. 2. Upon abandonment or discontinuation of use, the carrier shall physically remove the Wireless Communications Facility within 90 days from the date of abandonment or discontinuation of use. "Physically remove" shall include, but not be limited to: a. Removal of antennas, mount, equipment shelters and security barriers from the subject property. The Applicant agrees to remove its equipment from the structure if they plan on abandoning or discontinuing operation of the facility at this location. b. Proper disposal of the waste materials from the site in accordance with local and state solid waste disposal regulations. The Applicant will follow all proper disposal methods in accordance with local and state regulations. c. Restoring the location of the Wireless Communications Facility to its natural condition, except that any landscaping and grading shall remain in the after condition. The Applicant agrees to restore the location to its natural condition, reasonable wear and tear accepted. 3. If a carrier fails to remove a Wireless Communications Facility in accordance with this section of this Bylaw, the town shall have the authority to enter the subject property and physically remove the facility. The SPGA shall require a maintenance and removal guarantee bond for all wireless communications facilities subject to Special Permit under this Section in the event the Town must remove the facility. The Building Commissioner may also require such bond for facilities which are exempt from Special Permits. The Applicant agrees to comply with this request on thirty (30) days written notice from the Town. The Applicant agrees to supply the Town a Bond for the removal of the Wireless Communication Facility. 8.3.10 Reconstruction or Replacement of Existing Towers and Monopoles. Modifications to pre-existing conforming WCFs shall comply with the requirements of this Bylaw. Modifications to pre-existing non-conforming WCFs shall meet the requirements of Section 3.3.3 of the Zoning Bylaw (Nonconforming Structures). The Applicant is applying for a Special Permit on a Pre-Existing Non-Conforming Wireless Communication Facility under Section 3.3.3. 8.3.11 Independent Engineering Review. The Town may retain a technical expert to review any of the Special Permit submission requirements required in this Bylaw and for other technical review and advice as may be required during the Special Permit process and required by the conditions of the Special Permit. The cost for such a technical expert will be at the expense of the applicant. The Applicant agrees to incur the cost of any reasonable review fee by an outside consultant during the Special Permit process. 8.3.12 Permit to Construct. Upon receipt of a Special Permit from the SPGA, and site plan approval from the SPGA, the applicant shall apply to the Building Commissioner for a permit to construct, upgrade, replace or modify a WCF and shall provide written evidence that all preconstruction conditions as may be a part of the Special Permit decision have been satisfied. The Applicant will comply with any and all preconstruction conditions as part of the Special Permit decision. 8.3.13 Term of Special Permit. A Special Permit issued for any Wireless Communications Facility over fifty (50) feet in height shall be valid for fifteen (15) years. At the end of that time period, the Wireless Communications Facility shall be removed by the carrier or a new Special Permit shall be required. The Applicant agrees to comply with this request. 8.3.14 Fines And Penalties. Violations by the Applicant of above conditions, regulations, standards or restrictions, or violation of any conditions contained in the Special Permit or Site Plan decisions, may be subject to fines in the amount of $300 per day, at the discretion of the SPGA and the Building Commissioner. The Applicant agrees to comply with this request after thirty (30) days written notice for any violation of conditions, regulations, standards or restrictions. IV. Conclusion As evidenced by the materials submitted with the Application and as will be further demonstrated by Applicant through evidence submitted to the Board at the public hearing(s) in connection herewith, the Facility satisfies the intent and objectives of the Ordinance. Applicant respectfully requests that the Board grant all necessary zoning relief to install and operate 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 1996 Act, Applicant respectfully requests that the Board grant the foregoing zoning relief. We respectfully submit that the standards for zoning 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 1996 Act. Accordingly, a denial of the foregoing petition would effectively prohibit Applicant from providing adequate service to the Town of Ashland and thus would be contrary to the purpose and intent of the 1996 Act. Regards, John Markus Pinard Site Acquisition Centerline Communications LLC Agent for T-Mobile Northeast LLC EXHIBIT 3 Project Narrative Re: Property Address: Subject: Project Narrative 34 Albert Ray Drive Wireless Communication Facility The Facility will consist of three (3) wireless communication antennas mounted to the existing monopole, one (1) E911 Global Positioning System (GPS)/GSM antenna, associated radio cabinets mounted on a concrete pad within the 10’x20’ lease area and associated coaxial cables housed by a cable tray. The equipment will be located at the base of the tower. The Facility is more fully described herein and illustrated on the plans attached hereto. The antennas will be located a height of 90’ on the existing 104’ monopole and the GPS/GSM antenna will be placed within the leased ground space as depicted below. The 10’x20’ leased area will be located at the base of the tower where it will house the associated equipment cabinets: EXHIBIT 4 Viewshed Analysis EXHIBIT 5 Alternate Site Analysis Alternate Site Analysis T-Mobile first establishes a “site search area” to initiate its site selection process in an area where a coverage need has been identified. The site search area is a general location where the installation of a wireless facility would address the identified coverage need problem while still allowing for orderly integration of the site into T-Mobile’s network, based on the engineering criteria hand-off, frequency reuse and interference. In any site search area, T-Mobile seeks to avoid the unnecessary proliferation of towers and to reduce the potential adverse environmental effects of a needed facility, while at the same time ensuring the quality of service provided by the site to users of its network. The candidate identification process includes reviewing the applicable zoning ordinance to identify areas within which the proposed use is allowed. Viable candidates consist of existing structures of sufficient height from which an antenna installation can provide sufficient coverage, or lacking such a structure, parcels located within the narrowly defined search area upon which a tower may be constructed to a sufficient height. In order to be viable, a candidate must provide adequate coverage to the significant gap in T-Mobile’s network. In addition, all viable candidates must have a willing landowner with whom commercially reasonable lease terms may be negotiated. Preference is given to locations that closely comply with local zoning ordinances, or in the event no viable candidates are determined to be located within such areas, to identify other potentially suitable locations, with preference given to existing structures. In the case of this particular site search area in Ashland, T-Mobile identified two utility poles, one water tank, one water tank, and two parcels for new tower builds. As noted in the documentation attached, different parcels of land within and near this area were investigated by T-Mobile for construction of a new facility. The descriptions of the individual sites investigated include sites in and outside the search area that were analyzed and found to be either unavailable for the siting of a facility or technically inadequate. Prepared By: John-Markus Pinard Date: 1/21/11 Company Affiliation: Centerline Communications LLC Phone: (508)667-0363 Email: [email protected] Properties Investigated T-Mobile’s representatives identified and investigated six (6) sites in and around the Ashland site search area where the construction of a new facility might be feasible for radio frequency engineering purposes. The description of the individual sites investigated is set forth below. Where applicable, the reason for eliminating the property is also included. A. Address: 34 Albert Ray Drive Owner: Crown Castle Type: Colocation Zoning District: RA – Residential A This parcel is the primary candidate. B. Address: Woodridge Lane Owner: Town of Ashland Type: Water tank Zoning District: Residential The parcel was not feasible from a radio frequency perspective. C. Address: Winter Street Owner: NSTAR Type: Utility Pole Zoning District: Residential The parcel was not feasible from a radio frequency perspective. D. Address: Winter Street Owner: NSTAR Type: Utility Pole Zoning District: Residential The parcel was not feasible from a radio frequency perspective. E. Address: Checkerberry Lane Owner: Town of Framingham Type: Water tank Zoning District: Residential The parcel was not feasible from a radio frequency perspective. Also, the Town of Framingham is not releasing RFPs at this time. F. Address: 117 Waverly Street Owner: Shri Lakshmi Temple Type: New tower build Zoning District: Residential The parcel was not feasible from a radio frequency perspective. \ Address Town Existing Structure / Building Roof / Property Description Map Key Identify Owner Height Current Uses Zoning Surounding Land Uses Lat/Long AMSL Finding 34 Albert Ray Drive Ashland Monopole A Crown Castle 100' Wireless Communication Facility Reside ntial Residential 42.2736, 71.4516 317' This parcel is the primary candidate Woodridge Lane Ashland Water tank B Town of Ashland 65' Water tank Reside ntial Residential / Undeveloped 42.27664, 71.469806 430' The water tank was not feasible from a radio frequency perspective. Winter Street Ashland Utility pole C NSTAR 70' Utility pole Reside ntial Residential / Undeveloped 42.27551, 71.46080 301' The utility pole was not feasible from a radio frequency perspective. Winter Street Ashland Utility pole D NSTAR 70' Utility pole Reside ntial Residential 42.274779, 277' 71.460356 The utility pole was not feasible from a radio frequency perspective. Water tank E Town of Framingham 65' Water tank Reside ntial Residential 42.279409, 324' 71.447190 The water tank was not feasible from a radio frequency perspective. Temple F Shri Lakshmi Temple 100' Temple Reside ntial Residential 42.268645, 234' 71.443211 The property was not feasible from a radio frequency perspective. Checkerberry Lane Framingham 117 Waverly Street Ashland Site Analysis Maps Radio Frequency Existing Coverage Map Google Earth Overlay Street Map Zoning Map EXHIBIT 6 Radio Frequency Affidavit AFFIDAVIT of RADIO FREQUENCY EXPERT The undersigned, hereby states the following in support of the application of T-Mobile Northeast Inc. a wholly owned subsidiary of T-Mobile USA, Inc. (hereinafter referred to as “T-Mobile”) to construct an antenna installation with related equipment cabinets at 34 Albert Ray Drive, Ashland, MA (The “Wireless Communications Facility”): 1. I am a Radio Frequency Engineer representing T-Mobile USA, Inc. and responsible for radio network design in Massachusetts. 2. As enabled under its Federal Communications Commission (FCC) license T-Mobile seeks to design its wireless network in order to provide reliable wireless services to its customers, whether those customers are on the street, in a vehicle, or in a building. Providing reliable service to its customers in each context is critical for T-Mobile to provide the quality of wireless service that customers demand, and to meet the objectives of Congress that a robust, competitive and low cost wireless communication capacity be developed to serve the entire nation. 3. I have thoroughly reviewed the radio frequency engineering studies, reports, and computer model prepared by T-Mobile with respect to the subject wireless communications facility. I used Asset, a propagation modeling software developed by Aircom Inc., to simulate the proposed coverage created by the facility. This software calculates frequency strength over distance taking into account geographical, and topographical land features and other contributors to signal loss. Finally, this calculation has also been adjusted by empiric data obtained from field measurement. 4. In order to meet its obligations under the radio license T-Mobile must have in place a network of base station antenna facilities to serve portable wireless communication devices and mobile telephones. These facilities consist of antennas mounted on a pole, building, or other structures that are connected by cables to a small equipment cabinet located near the antenna. These antennas transmit voice and data to subscribers within a defined area of coverage. Likewise, the antenna receives the radio signal from mobile transmitters (such as telephones) which then goes to equipment located in the cabinet and to ordinary phone lines from which the transmission may be routed anywhere in the world. 5. Wireless antenna facilities are integral to T-Mobile’s network. Each facility, servicing only a limited area, must be carefully located so that it can properly interact with surrounding facilities. To maintain reliable, uninterrupted service to a wireless telephone user living and/or traveling in a given area serviced by multiple antenna facilities, T-Mobile depends on a continuous interconnected series of facilities, which in-part overlap in a grid or “cellular” pattern. 6. In compliance with its FCC license, T-Mobile is actively building its PCS network to provide service in Massachusetts Rhode Island. In order to meet its goal of providing reliable, seamless and uninterrupted service T-Mobile must continue to acquire interest in property for additional facilities, and is applying for and obtaining local governmental approvals to construct the facilities in order to eliminate gaps in reliable service coverage. Any delay at this point in time severely curtails T-Mobile’s ability to achieve a market position that will allow it to compete for customers, which is in the public interest. 7. Using precise computer prediction model and following a thorough review of the RF engineering studies and reports prepared by T-Mobile it was determined that a new facility in proximity to Albert Ray Drive, Green Street and Fountain Street in Ashland, MA is critical to the overall engineering and technical plan for T-Mobile’s network. 8. The subject location has specific characteristics, of topography, relationship to existing structures and its location within the narrow search limits specified by the above referenced computer model, makes it uniquely suitable to address T-Mobile’s need for a proposed wireless telecommunications transmission facility. With the above considerations the proposed site was determined to be the most appropriate location for a facility to fill the existing gap in service coverage within the context of available land parcels provided to me for analysis. 9. Without a wireless transmission facility located at or near this location, a significant area of inadequate, unreliable coverage would remain in T-Mobile’s wireless network in the vicinity of the proposed installation. This lack of service area or “gap” in coverage would adversely impact the service T-Mobile is able to provide to businesses and residents of Ashland as well as travelers along Albert Ray Drive, Green Street, Fountain Street and other primary roads through and around Ashland, MA. 10. The result of such a “gap” will be an inability for the T-Mobile customer to reliably initiate, receive, or maintain voice and data connections, including 911 emergency calls, from the time that subscriber leaves the service area until that subscriber reaches that point where a quality signal is available to reinitiate the communication link. 11. All proposed wireless communications equipment will be installed, erected, maintained and operated in compliance with all applicable Federal, State and local regulations, including, but not limited to: the radio frequency emissions regulations set forth in the 1996 Federal Communications Act, applicable regulations administered by the Federal Aviation Administration (FAA), Federal Communications Commission (FCC), and Massachusetts Department of Health. All equipment proposed is authorized by the FCC Guidelines for Evaluating the Environmental effects of Radio Frequency Emissions. The radio frequency exposure levels generated by the proposed facility are substantially below the maximum allowable health and safety standards established by the FCC. In addition, the proposed equipment and transmission characteristics are in compliance with standards set forth by the American National Standards Institute (ANSI) and the National Council of Radiation Protection (NCRP). Based upon the best radio frequency technology that is available to T-Mobile at this time, it is my professional opinion that the proposed project is necessary to ensure adequate PCS service to area residents and businesses in accordance with system specifications. Signed under the penalties of perjury this 21st day of January, 2011. Dinesh Dasani, RF Engineer T-Mobile USA, INC. 15 Commerce Way Suite B Norton, MA 02766 [email protected] EXHIBIT 7 Radio Frequency Propagation Maps 33 4DE4132A 4DE4132A Coverage Thresholds 4BN0 4BN0 -76 dBm to -84 dBm 4DE4125A 4DE4125A -40 dBm to -76 dBm 0.5 0 TT 4DE4134A 4DE4134A SS TTTT D E RD SSE RR ER E U K K U R R H A PA P CH AAC S S ASS MA 4BN0510A 4BN0510A M Ashland 4BS0538C 4BS0538C RD ER RD ER RD DGER BA BADG 4BS0210A 4BS0210A D RD YR EY DLLE UD D DU STTT S RS R ER E NTTTE N WIIIN W W Framingham 4WL0731A 4WL0731A EE AAVV N ON O NII UN U miles EE 4DE5007ATPPKK 14DE5007A 4BN0134A 4BN0134A 4BS0498C 4BS0498C 4DE4269D 4DE4269D Natick 4BS0503B 4BS0503B GG RRE 4BN1137D 4BN1137D EEE NN SSTT S STTA ATTE EH HW WY Y 11 3355 gh BOI0124A BOI0124A 4DE4129A 4DE4129A 4BS0247B 4BS0247B 4BN0167A 4BN0167A 4BN1175C 4BN1175C 44 Sherborn 4BN0138A 4BN0138A 4BN1312A 4BN1312A 4BS0609B 4BS0609B Hopkinton 4BS0500H 4BS0500H 4BS0539A 4BS0539A - T -Mobile--- Existing T-Mobile On Air Coverage Coverage Threshold Descriptions Dark Green: In-Building Coverage ( Residential) Light Green: In-Vehicle Coverage 33 4DE4132A 4DE4132A Coverage Thresholds 4BN0 4BN0 -76 dBm to -84 dBm 4DE4125A 4DE4125A -40 dBm to -76 dBm 0.5 0 TT 4DE4134A 4DE4134A SS TTTT D E RD SSE RR ER E U K K U R R H A PA P CH AAC S S ASS MA 4BN0510A 4BN0510A M Ashland 4BS0538C 4BS0538C RD ER RD ER RD DGER BA BADG 4BS0210A 4BS0210A D RD YR EY DLLE UD D DU STTT S RS R ER E NTTTE N WIIIN W W Framingham 4WL0731A 4WL0731A EE AAVV N ON O NII UN U miles EE 4DE5007ATPPKK 14DE5007A 4BN0134A 4BN0134A 4BS0498C 4BS0498C 4DE4269D 4DE4269D Natick 4BS0503B 4BS0503B GG RRE 4BN1137D 4BN1137D EEE NN SSTT S STTA ATTE EH HW WY Y 11 3355 gh BOI0124A BOI0124A 4DE4129A 4DE4129A 4BS0247B 4BS0247B 4BN0167A 4BN0167A 4BN1175C 4BN1175C 44 Sherborn 4BN0138A 4BN0138A 4BN1312A 4BN1312A 4BS0609B 4BS0609B Hopkinton 4BS0500H 4BS0500H 4BS0539A 4BS0539A - T -Mobile--- Existing T-Mobile On Air Coverage With 4BN1137D @ 90 feet Coverage Threshold Descriptions Dark Green: In-Building Coverage ( Residential) Light Green: In-Vehicle Coverage town boundary Brown Brown -- 1mi 1mi from from town boundary Blue Blue -- Town Town boundary boundary Grey Grey -- Existing Existing sites sites Pink Pink -- Crown Crown tower tower Ashland, MA T-Mobile 4DE4132A 4WL1764A 4BN0129A 4DE4125A 4BS0247B Southborough Southborough 4DE5007A 4DE4129A BOI0124A 4DE4134A L0941E 4BN0134A 4DE5006A 4WL0731A 4BN0510A 4BS0210A 4BS0498C 4DE4269D 4BS0503B 4BN0167A Ashland Ashland 4BN0511A 4BS0538C 4BN1175C Framingham Framingham 4BN1312A 4BN0138A 4BS0609B 4DET51 4BS0610A 4BS0500H 4DET 4BS0539A 4BS0527B Hopkinton Hopkinton Sherborn Sherborn Holliston Holliston BOI0108A 4BS0506A 4DET258C 4BN0190A EXHIBIT 8 Noise Study P.O. Box 4623 Portsmouth, NH 03802 603-430-2081 December 21, 2010 Tom Johnson, P.E. ProTerra Design Group, LLC 1 Short Street, Suite 3 Northampton, MA 01060 SUBJECT: T-Mobile 4BN-1137-D Albert Ray Drive, Ashland – Noise Study Dear Tom, At your request, I have reviewed noise impacts associated with the addition of T-Mobile equipment to the existing wireless communications site at 34 Albert Ray Drive in Ashland, MA. Noise Criteria and Reporting Requirements The Town of Ashland Bylaw Section 8.3 “Wireless Communication Facilities” addresses noise in two parts: 8.3.4, h, iv: Ground-mounted equipment for Wireless Communications Facilities shall not generate noise in excess of 50 dB at the property line. 8.3.9.9 g: Noise Filing Requirements. The applicant shall provide a statement listing the existing and maximum future projected measurements of noise from the proposed Wireless Communications Facilities, measured in decibels Ldn (logarithmic scale, accounting for greater sensitivity at night), for the following: i. Existing, or ambient: the measurements of existing noise. ii. Existing plus proposed Wireless Communications Facilities: maximum estimate of noise from the proposed Wireless Communications Facility plus the existing noise environment. Such statement shall be certified and signed by an acoustical engineer, stating that noise measurements are accurate and meet the Noise Standards of this Bylaw. Existing Noise Monitoring In order to assess the existing noise levels at the site, as required by the town’s bylaws, a sound monitor was installed at the property line location closest to the proposed equipment. The attached Figure 1 shows the locations of the proposed equipment and the sound monitor. The monitor was programmed to run for a period of 3 days, beginning Thursday, December 9. Data were collected in 1-hour intervals. The attached Figure 2 presents the data collected. MEMBER FIRM, NATIONAL COUNCIL OF ACOUSTICAL CONSULTANTS Tom Johnson, T-Mobile 4BN-1137-D Noise Study Page 2 of 5 This plot includes three statistical descriptors: LEQ, L90 and L01. The L90 represents the sound pressure level exceeded during 90% of the measurement interval. This is generally considered to be the ambient or background sound level. The L01 represents the level exceeded during only 1% of the 1-hour interval. This represents the loudest normallyoccurring short-duration events, such as car pass-bys. The LEQ represents the energy-average sound pressure level during each 1-hour period. These data are used for the calculation of LDN, as required by the bylaw. The LDN was calculated for each of the two full days measured (midnight to midnight) The LDN the first day was 51.4 dBA and the LDN the second day was 54 dBA. Wind and rain on Saturday likely accounts for the difference in LDN. A conservative estimate of the LDN at the site is the lower of the two, 51.4 dBA. Proposed Equipment T-Mobile plans to install 3 pieces of equipment at the site that generate noise. These are: • • Two (2) Ericsson RBS 2106 Cabinets with Andrew Micro-3 Boosters One (1) Ericsson RBS 3106 Cabinet with Andrew Micro-3 Booster These are to be located at the positions shown in Figure 1. The noise associated with these units is from the built-in cooling equipment. This equipment cycles on and off, based on heat load. I understand that the perimeter fence at this site has a height of 10 feet, and is lined with 1-inch thick sound-absorbing material. Maximum Sound Level According to sound data supplied by the manufacturer, and taking into account the shielding provided by the perimeter fence, the total maximum sound pressure level at the nearest property line would be 48 dBA. This is below the limit of 50 dBA provided in the bylaw. It should be noted that this level would only occur if all three units were to cycle on simultaneously. This would be unlikely during nighttime hours. Future LDN In order to calculate the future LDN, the LDN of the equipment operating in the absence of any other sound sources was added to the existing LDN at the site. As LDN is a measure of accumulated noise over a period of 24 hours, the percentage of time that each unit cycles on must be known in order to do this calculation. Tom Johnson, T-Mobile 4BN-1137-D Noise Study Page 3 of 5 I have assumed in my calculations that each of these units would be on 50% of the time during the day, and 30% of the time at night (when heat loads are lower). Based on my experience with these cabinets, I believe these assumptions to be conservative. For this calculation, the number of units cycling on simultaneously has no effect on the result. Based on these assumptions, the contribution to the LDN from the new equipment would be 49.7 dBA. Combined with the existing LDN of 51.4 dBA, the total future LDN would be 53.6 dBA. The bylaw requires that the current and future LDN be calculated, but does not provide any limits. Summary Based on the manufacturer’s sound data, the proposed equipment will produce a maximum level of 48 dBA. This complies with the limit of 50 dBA, as required by the town’s bylaw. The existing LDN is 51.4 dBA, and the estimated future LDN is 53.6 dBA. The bylaw does not provide any limit for LDN. Please feel free to contact me with any questions. Sincerely, Eric L. Reuter, INCE Bd. Cert. Principal Tom Johnson, T-Mobile 4BN-1137-D Noise Study Proposed Equipment Figure 1 - Monitor Location Page 4 of 5 Monitor Location Tom Johnson, T-Mobile 4BN-1137-D Noise Study Page 5 of 5 T-Mobile 4BN-1137-D 34 Albert Ray Drive, Ashland, MA 80 60 50 40 Thursday Dec 9, 2010 Friday Dec 10, 2010 Saturday Dec 11, 2010 Ldn = 51.4 Ldn = 54.0 Sunday Dec 12, 2010 30 Hour Beginning LAeq LA90 Figure 2 - Sound Monitor Data LA01 Noon 6:00:00 Midnight 18:00:00 Noon 6:00:00 Midnight 18:00:00 Noon 6:00:00 Midnight 18:00:00 20 Noon Sound Levels (dBA) 70 EXHIBIT 9 EME Report Radio Frequency – Electromagnetic Energy (RF-EME) Compliance Report Prepared for: T-Mobile USA c/o C. David Associates 66-E. Concord Street Wilmington, MA 01887 Site No. 4BN1137D Albert Ray Drive Crown Castle Site 806042 34 Albert Ray Drive Ashland, Massachusetts 01721 42.273599; -71.451551 NAD83 EBI Project No. 62110004 January 14, 2011 RF-EME Compliance Report EBI Project No. 62110004 Site No. 4BN1137D 34 Albert Ray Drive, Ashland, Massachusetts TABLE OF CONTENTS EXECUTIVE SUMMARY..................................................................................................................... 1 1.0 SITE DESCRIPTION ................................................................................................................ 2 2.0 FEDERAL COMMUNICATIONS COMMISSION (FCC) REQUIREMENTS ................................... 2 3.0 MASSACHUSETTS DEPARTMENT OF PUBLIC HEALTH (MA DPH) REQUIREMENTS ............ 4 4.0 WORST-CASE PREDICTIVE MODELING................................................................................. 5 5.0 MITIGATION/SITE CONTROL OPTIONS ................................................................................ 5 6.0 SITE AND VICINITY SURVEY .................................................................................................. 6 7.0 SUMMARY AND CONCLUSIONS ............................................................................................. 6 8.0 LIMITATIONS ......................................................................................................................... 6 APPENDICES Appendix A Appendix B Appendix C Appendix D Appendix E Appendix F Appendix G Antenna Inventory Modeling Export Files Modeling Graphics Compliance/Signage Plan Site Photographs Site Plan with Monitoring Results Site Survey Data 21 B Street Burlington, MA 01803 1.800.786.2346 i RF-EME Compliance Report EBI Project No. 62110004 Site No. 4BN1137D 34 Albert Ray Drive, Ashland, Massachusetts EXECUTIVE SUMMARY Purpose of Report EnviroBusiness Inc. (dba EBI Consulting) has been contracted by T-Mobile USA, to conduct radio frequency electromagnetic (RF-EME) monitoring and modeling for T-Mobile Site 4BN1137D located at 34 Albert Ray Drive in Ashland, Massachusetts to determine RF-EME exposure levels from proposed TMobile wireless communications equipment at this site. As described in greater detail in Section 2.0 of this report, the Federal Communications Commission (FCC) and Massachusetts Department of Public Health (MA DPH) have developed Maximum Permissible Exposure (MPE) Limits for general population exposures and occupational exposures. This report summarizes the results of RF-EME monitoring and modeling in relation to relevant FCC and DPH RF-EME compliance standards for limiting human exposure to RF-EME fields. EBI field personnel visited this site on January 6, 2011. This report contains a detailed summary of the RF EME analysis for the site, including the following: Antenna Inventory Site Plan with antenna locations Antenna inventory with relevant parameters for theoretical modeling Graphical representation of theoretical MPE fields based on modeling Graphical representation of recommended signage Site Photographs Graphic representation of on-site monitoring results This document addresses the compliance of T-Mobile’s transmitting facilities independently and in relation to all collocated facilities at the site. Statement of Compliance A site is considered out of compliance with FCC regulations if there are areas that exceed the FCC exposure limits and there are no RF hazard mitigation measures in place. Any carrier which has an installation that contributes more than 5% of the applicable MPE must participate in mitigating these RF hazards. Additionally, based on the FCC and MA DPH criteria, there are no measured areas on any accessible ground walking/working surface related to the existing site conditions that exceed the FCC and MA DPH occupational and general population exposure limits at this site. 21 B Street Burlington, MA 01803 1.800.786.2346 1 RF-EME Compliance Report EBI Project No. 62110004 1.0 Site No. 4BN1137D 34 Albert Ray Drive, Ashland, Massachusetts SITE DESCRIPTION This project involves the proposed installation of up to three (3) wireless telecommunication antennas on a monopole in Ashland, Massachusetts. The Sector A antenna is oriented 0° from true north. The Sector B antenna is oriented 120° from true north. The Sector C antenna is oriented 240° from true north. The bottoms of the antennas are 87 feet above ground level. Access to this site is accomplished via a compound access gate. The access gate is unlocked and, as such, the general public is able to access the flagpole. Access to the antennas is accomplished by elevating workers to antenna level. EBI conducted a site visit on January 6, 2011. At the time of the site visit, AT&T, Metro PCS and Verizon antennas were present in the flag pole. Measurements were taken at the ground to record existing RF-EME levels resulting from these antennas prior to the installation of T-Mobile's equipment. This other carrier was also included in the modeling analysis using elevations collected on site and assumed parameters. Appendix E contains site photos taken on January 6, 2011 during the on-site survey. Appendix F presents a site plan indicating monitoring and antenna locations. Appendix G contains climate and site observations recorded during the site visit. 2.0 FEDERAL COMMUNICATIONS COMMISSION (FCC) REQUIREMENTS The FCC has established Maximum Permissible Exposure (MPE) limits for human exposure to Radiofrequency Electromagnetic (RF-EME) energy fields, based on exposure limits recommended by the National Council on Radiation Protection and Measurements (NCRP) and, over a wide range of frequencies, the exposure limits developed by the Institute of Electrical and Electronics Engineers, Inc. (IEEE) and adopted by the American National Standards Institute (ANSI) to replace the 1982 ANSI guidelines. Limits for localized absorption are based on recommendations of both ANSI/IEEE and NCRP. The FCC guidelines incorporate two separate tiers of exposure limits that are based upon occupational/controlled exposure limits (for workers) and general population/uncontrolled exposure limits for members of the general public. Occupational/controlled exposure limits apply to situations in which persons are exposed as a consequence of their employment and in which those persons who are exposed have been made fully aware of the potential for exposure and can exercise control over their exposure. Occupational/ controlled exposure limits also apply where exposure is of a transient nature as a result of incidental passage through a location where exposure levels may be above general population/uncontrolled limits (see below), as long as the exposed person has been made fully aware of the potential for exposure and can exercise control over his or her exposure by leaving the area or by some other appropriate means. General population/uncontrolled exposure limits apply to situations in which the general public may be exposed or in which persons who are exposed as a consequence of their employment may not be made fully aware of the potential for exposure or cannot exercise control over their exposure. Therefore, members of the general public would always be considered under this category when exposure is not employment-related, for example, in the case of a telecommunications tower that exposes persons in a nearby residential area. Table 1 and Figure 1 (below), which are included within the FCC’s OET Bulletin 65, summarize the MPE limits for RF emissions. These limits are designed to provide a substantial margin of safety. They vary by frequency to take into account the different types of equipment that may be in operation at a 21 B Street Burlington, MA 01803 1.800.786.2346 2 RF-EME Compliance Report EBI Project No. 62110004 Site No. 4BN1137D 34 Albert Ray Drive, Ashland, Massachusetts particular facility and are “time-averaged” limits to reflect different durations resulting from controlled and uncontrolled exposures. The FCC’s MPEs are measured in terms of power (mW) over a unit surface area (cm2). Known as the power density, the FCC has established an occupational MPE of 5 milliwatts per square centimeter (mW/cm2) and an uncontrolled MPE of 1 mW/cm2 for equipment operating in the 1900 MHz frequency range. These limits are considered protective of these populations. Table 1. FCC OET 65 Non-Occupational Radiofrequency Exposure Limits for the General Public Maximum Allowed Frequency Range Mean Squared Electric Field 2 Strength (V/m) W ave Mean Squared Magnetic 2 Field Strength (A/m) Equivalent Plane Free Space 2 Power Density (mW/cm ) 300kHz - 1.34MHz 1.34MHz-30MHz 30MHz-300MHz 300MHz-1500MHz 1500MHz-100GHz 376,996 2 678,976/f 756 - 2.657 2 4.976/f 0.005 - 100.0 2 180/f 0.2 f/1500 1.0 Table 2. FCC OET 65 Occupational Radiofrequency Exposure Limits for Employees Maximum Allowed Mean Squared Electric Field Wave Mean Squared Magnetic Frequency Range 2 2 Strength (V/m) Field Strength (A/m) 0.3MHz - 3MHz 376,996 2.657 2 2 3392964/f 23.911/f 3MHz-30MHz 30MHz-300MHz 3,770 0.027 300MHz-1500MHz 1500MHz-100GHz - Equivalent Plane Free Space 2 Power Density (mW/cm ) 100.0 2 900/f 1.0 f/300 5.0 Based on the above, the most restrictive thresholds for exposures of unlimited duration to RF energy for several personal wireless services are summarized below: Personal Wireless Service Broadband Radio (BRS) / Educational Broadband (EBS) Personal Communication (PCS) Cellular Telephone Approximate Frequency Occupational MPE Public MPE 2600 MHz 5.00 mW/cm2 1.00 mW/cm2 1,950 MHz 870 MHz 5.00 mW/cm2 2.90 mW/cm2 1.00 mW/cm2 0.58 mW/cm2 21 B Street Burlington, MA 01803 1.800.786.2346 3 RF-EME Compliance Report EBI Project No. 62110004 Site No. 4BN1137D 34 Albert Ray Drive, Ashland, Massachusetts Personal Wireless Service Approximate Frequency Occupational MPE Public MPE 855 MHz 30-300 MHz 2.85 mW/cm2 1.00 mW/cm2 0.57 mW/cm2 0.20 mW/cm2 Specialized Mobile Radio Most Restrictive Freq, Range MPE limits are designed to provide a substantial margin of safety. These limits apply for continuous exposures and are intended to provide a prudent margin of safety for all persons, regardless of age, gender, size, or health. Wireless facilities used by T-Mobile in this area operate at a frequency of 1900 MHz. Facilities typically consist of: 1) electronic transceivers (the radios or cabinets) connected to wired telephone lines; and 2) antennas that send the wireless signals created by the transceivers to be received by individual subscriber units. Transceivers are typically connected to antennas by coaxial cables. Because of the short wavelength of wireless services, the antennas require line-of-site paths for good propagation, and are typically installed above ground level. Antennas are constructed to concentrate energy towards the horizon, with as little energy as possible scattered towards the ground or the sky. This design, combined with the low power of T-Mobile’s wireless antennas, generally results in no possibility for exposure to approach Maximum Permissible Exposure (MPE) levels, with the exception of areas directly in front of the antennas. 3.0 MASSACHUSETTS DEPARTMENT OF PUBLIC HEALTH (MA DPH) REQUIREMENTS The purpose of 105 CMR 122.000 is to prevent possible harmful effects to the general public from exposure to electromagnetic fields in the frequency range of 300 kHz to 100 GHz and to employees from occupational exposure to electromagnetic fields in the frequency range of 10 kHz to 100 GHz. The Massachusetts Department of Public Health (MADPH) standards apply to any fixed facility operating in the 300 kHz to 100 GHz frequency range, any person who operates or controls the operation of such facility, any occupational exposure of employees by facilities generating electromagnetic fields between 10 kHz to 100 GHz, and to any person or employer who operates such facility. The proposed antennas operate at the design frequency of 1900 MHz and are subject to the MADPH standards. Like the FCC, the MADHP measures MPE in terms of power (milliwatts or mW) over a unit surface area (cm2). The applicable MPE limits for an installation are a function of the frequency of transmission as presented in Table 3 for the general public and Table 4 for RF trained workers. Table 3. Massachusetts 105 CMR 122.015 Non-Occupational Radiofrequency Exposure Limits for the General Public Maximum Allowed Frequency Range Mean Squared Electric Field 2 Strength (V/m) W ave Mean Squared Magnetic 2 Field Strength (A/m) Equivalent Plane Free Space 2 Power Density (mW/cm ) 300kHz - 3MHz 3MHz-30MHz 30MHz-300MHz 300MHz-1500MHz 1500MHz-100GHz 80,000 2 800(900/f ) 800 800(f/300) 4,000 0.5 2 0.005(900/f ) 0.005 0.005(f/300) 0.025 20.0 2 180/f 0.2 f/1500 1.0 21 B Street Burlington, MA 01803 1.800.786.2346 4 RF-EME Compliance Report EBI Project No. 62110004 Site No. 4BN1137D 34 Albert Ray Drive, Ashland, Massachusetts Table 4. Massachusetts 105 CMR 122.015 Occupational Radiofrequency Exposure Limits for Employees Maximum Allowed Wave Mean Squared Magnetic Equivalent Plane Free Space Mean Squared Electric Field Frequency Range 2 2 2 Field Strength (A/m) Power Density (mW/cm ) Strength (V/m) 10kHz - 3MHz 400,000 2.5 100.0 2 2 2 0.025(900/f ) 900/f 4,000(900/f ) 3MHz-30MHz 30MHz-300MHz 4,000 0.025 1.0 300MHz-1500MHz 4,000(f/300) 0.025(f/300) f/300 1500MHz-100GHz 20,000 0.125 5.0 For equipment at this site, which operates at a frequency of approximately 1900 MHz, the MDPH’s maximum allowed equivalent plane free space power density for general population exposure is 1.0mW/cm². For equipment transmitting at a frequency of 1900 MHz, the occupational MPE limit is 5.0 mW/cm² as shown in Table 4. 4.0 WORST-CASE PREDICTIVE MODELING EBI performed theoretical modeling using RoofView® and/or TowerCalc® software to estimate the worst-case power density at the site resulting from operation of the antennas. TowerCalc® and RoofView® are widely-used predictive modeling programs that has been developed by Richard Tell Associates to predict both near field and far field RF power density values for roof-top and tower telecommunications sites produced by vertical collinear antennas that are typically used in the BRS, cellular, PCS, paging and other communications services. The models utilize several operational specifications for different types of antennas to produce a plot of spatially-averaged power densities that can be expressed as a percentage of the applicable exposure limit. For this report, EBI utilized antenna and power data provided by T-Mobile, and compared the resultant worst-case MPE levels to the FCC’s exposure limits outlined in OET Bulletin 65 and Massachusetts 105 CMR 122.015. The assumptions used in the modeling are based upon information provided by T-Mobile, and information gathered from other sources. AT&T, Metro PCS and Verizon also have antennas on the monopole. Information about these antennas was not included in the ground-level modeling analysis. EBI has performed theoretical modeling to estimate the worst-case power density from each antenna. The transmitter power output used in the model is based on a 6-6-6 radio configuration for Sectors AB-C. Based on worst-case predictive modeling, there are no modeled areas on any accessible ground/roof-level walking/working surface related to the proposed T-Mobile antennas that exceed the FCC’s occupational or general population exposure limits at this site. At the nearest walking/working surfaces to the T-Mobile antennas, the maximum power density generated by the T-Mobile antennas is approximately 0.10 percent of the FCC and MA DPH general population limit (0.02 percent of the FCC and MA DPH occupational limit). The inputs used in the modeling are summarized in the RoofView® and TowerCalc® export files presented in Appendix B. A graphical representation of the RoofView® and TowerCalc® modeling results is presented in Appendix C. 5.0 MITIGATION/SITE CONTROL OPTIONS EBI recommends the following to control exposure around the antennas. In order to alert workers, a blue “Notice” sign should be posted at the access point to the tower. A yellow “Caution” sign and a red “Tower Climber Warning” sign should be posted at the base of the tower. Individuals and workers 21 B Street Burlington, MA 01803 1.800.786.2346 5 RF-EME Compliance Report EBI Project No. 62110004 Site No. 4BN1137D 34 Albert Ray Drive, Ashland, Massachusetts accessing the site should be made aware of the posted signs and should follow the posted instructions. For additional information on signs posted at this facility, refer to the Signage Plan in Appendix D. Individuals and workers having access to the tower should be provided with a copy of this plan and should signify their understanding of its instructions. 6.0 SITE AND VICINITY SURVEY EBI performed a ground level RF-EME survey on January 6, 2011. The antenna inventory (based upon the site survey) and site photos taken from ground level are presented in Appendices F and G, respectively. Monitoring was performed using a Narda NBM520 Electromagnetic Radiation Survey Meter, Serial #B0496 with a Narda EA5091 Shaped Probe with a frequency range of 300kHz-3GHz. The meter was last calibrated on November 29, 2010. This meter was programmed to measure the total power density for all electromagnetic radiation within the 300kHz-50GHz frequency range and report the power density as a percent of the FCC’s controlled MPE. During this survey, no spatially averaged readings above 6.050% of the FCC’s controlled MPE (1.210% of the uncontrolled MPE) were encountered on any ground surface. A site plan depicting monitoring locations and measurements of power density can be found in Appendix F. Appendix G contains notes from the site survey. At the time of the site survey, there was existing signage indicating the presence of RF emitting equipment at the site, including an owner identification sign, two RF Notice signs, two No Trespassing signs, and a yellow Caution sign. 7.0 SUMMARY AND CONCLUSIONS EBI has prepared this Radiofrequency Emissions Compliance Report for the proposed T-Mobile telecommunications equipment at the site located at 1059 Millbury Street in Worcester, Massachusetts. EBI has conducted theoretical modeling to estimate the worst-case power density from T-Mobile antennas and other carriers’ antennas to document potential MPE levels at this location and ensure that site control measures are adequate to meet FCC, MA DPH and OSHA requirements. As presented in the preceding sections, based on worst-case predictive modeling, there are no modeled exposures on any accessible ground-level walking/working surface related to proposed equipment in the area that exceed the FCC and MA DPH occupational and general population exposure limits at this site. As such, the proposed T-Mobile project is in compliance with FCC and MA DPH rules and regulations. Additionally, based on the FCC and MA DPH criteria, there are no measured areas on any accessible ground-level walking/working surface related to the existing site conditions that exceed the FCC and MA DPH occupational and general population exposure limits at this site. RF-EME Signage is recommended for installation to alert workers and the general public of the presence of RF-emitting equipment at this site and of the potential hazards associated with accessing the equipment. Signage should be installed upon construction of the site and is required by the FCC for all RF-transmitting facilities. 8.0 LIMITATIONS This report was prepared for the use of T-Mobile USA. It was performed in accordance with generally accepted practices of other consultants undertaking similar studies at the same time and in the same locale under like circumstances. The conclusions provided by EBI are based solely on the information 21 B Street Burlington, MA 01803 1.800.786.2346 6 RF-EME Compliance Report EBI Project No. 62110004 Site No. 4BN1137D 34 Albert Ray Drive, Ashland, Massachusetts collected during the site survey andprovided by the client. The observations in this report are valid on the date of the investigation. Any additional information that becomes available concerning the site should be provided to EBI so that our conclusions may be revised and modified, if necessary. This report has been prepared in accordance with Standard Conditions for Engagement and authorized proposal, both of which are integral parts of this report. No other warranty, expressed or implied, is made. 21 B Street Burlington, MA 01803 1.800.786.2346 7 RF-EME Compliance Report EBI Project No. 62110004 Site No. 4BN1137D 34 Albert Ray Drive, Ashland, Massachusetts Appendix A Antenna Inventory 21 B Street Burlington, MA 01803 1.800.786.2346 RF-EME Compliance Report EBI Project No. 62110004 Site No. 4BN1137D 34 Albert Ray Drive, Ashland, Massachusetts Operator TX Freq (MHz) Gain (dBd) Azimuth (deg.) Length (ft) Horizontal Beamwidth (Deg.) X Y TMO A1 T-Mobile GSM 1900 18.8 0 6 66 40 40 87 TMO B1 T-Mobile GSM 1900 18.8 120 6 66 44 33 87 TMO C1 T-Mobile GSM 1900 18.8 240 6 66 36 34 87 ATT A1 AT&T 850 16 10 4.5 86 Unknown Unknown 88 ATT A2 AT&T 850 16 10 4.5 86 Unknown Unknown 88 ATT B1 AT&T 850 16 120 4.5 86 Unknown Unknown 88 ATT B2 AT&T 850 16 120 4.5 86 Unknown Unknown 88 ATT C1 AT&T 850 16 260 4.5 86 Unknown Unknown 88 ATT C2 AT&T 850 16 260 4.5 86 Unknown Unknown 88 MPCS A1 Metro PCS 1900 16 90 6 85 Unknown Unknown 93 MPCS B1 Metro PCS 1900 16 240 6 85 Unknown Unknown 93 MPCS C1 Metro PCS 1900 16 350 6 85 Unknown Unknown 93 VZN A1 Verizon 850 16 50 5 85 Unknown Unknown 98 VZN A2 Verizon 850 16 50 5 85 Unknown Unknown 98 VZN A3 Verizon 850 16 50 5 85 Unknown Unknown 98 VZN A4 Verizon 850 16 50 5 85 Unknown Unknown 98 VZN B1 Verizon 850 16 170 5 85 Unknown Unknown 98 VZN B2 Verizon 850 16 170 5 85 Unknown Unknown 98 VZN B3 Verizon 850 16 170 5 85 Unknown Unknown 98 VZN B4 Verizon 850 16 170 5 85 Unknown Unknown 98 VZN C1 Verizon 850 16 280 5 85 Unknown Unknown 98 VZN C2 Verizon 850 16 280 5 85 Unknown Unknown 98 VZN C3 Verizon 850 16 280 5 85 Unknown Unknown 98 VZN C4 Verizon 850 16 280 5 85 Unknown Unknown 98 Antenna Number 1. Note that EBI uses an assumed set of antenna specifications and powers for unknown and other carrier antennas for modeling purposes. Z RF-EME Compliance Report EBI Project No. 62110004 Site No. 4BN1137D 34 Albert Ray Drive, Ashland, Massachusetts Appendix B Modeling Export Files Site No. Report 4BN1137D RF-EME Compliance 34 Albert Ray Drive, Ashland, Massachusetts EBI Project No. 62110004 Done on 1/12/2011 at 10:52:27 PM. Use this format to prepare other data sets for the TowerView workbook file. You may use as many rows in this TOP header as you wish. The critical point is the cells in COLUMN ONE that read 'Start...' (eg. StartTowerDefinition) These (2) headers are required to be spelled exactly, as one word (eg. StartTowerDefinition) The very next row will be considered the start of the data. The first row of the data section can be a header (as shown below), but this is optional. When building a workbook file for import, Add the Tower info first, then the Antenna data. All rows above the first marker line 'Start...' will be ignored, no matter how many there are. This area is for you use for documentation. -- End of help comments. You can place as much text here as you wish as long as you don't place it below the Start Tower Definition row below the blue line. You may insert more rows using the Insert menu. Should you need additional lines to document your project, simply insert additional rows by highlighting the row number adjacent to the blue line below and then clicking on the Insert menu and selecting rows. StartTowerDefinition Starting Ht Ending Ht Tower Ht 0 200 180 StartAntennaData It is advisable to provide an ID (col 1) for all antennas (MHz) Trans Trans Coax Coax ID Name Freq Power Count Len Type TMO A1 GSM 1900 28.2 6 110 7/8 LDF TMO B1 GSM 1900 28.2 6 110 7/8 LDF TMO C1 GSM 1900 28.2 6 110 7/8 LDF Other Loss Input Power 1.46 1.46 1.46 Calc Power Mfg 85.23154 85.23154 85.23154 Model (ft) X (ft) Z 0 0 0 Not used Y 87 87 87 Type (ft) Aper Not used dBd Gain 6 18.8 6 18.8 6 18.8 Not used BWdth Theta 66;0 66;0 66;0 ON flag ON• OFF OFF Map, Settings, Antenna, and Symbol Data Table .. Exported from workbook -> RoofView 4.15.xls Done on 1/12/2011 at 11:40:01 PM. Use this format to prepare other data sets for the RoofView workbook file. You may use as many rows in this TOP header as you wish. The critical point are the cells in COLUMN ONE that read 'Start...' (eg. StartMapDefinition) If used, these (4) headers are required to be spelled exactly, as one word (eg. StartMapDefinition) The very next row will be considered the start of that data block. The first row of the data block can be a header (as shown below), but this is optional. When building a text file for import, Add the Map info first, then the Antenna data, followed by the symbol data. All rows above the first marker line 'Start...' will be ignored, no matter how many there are. This area is for you use for documentation. End of help comments. You can place as much text here as you wish as long as you don't place it below the Start Map Definition row below the blue line. You may insert more rows using the Insert menu. Should you need additional lines to document your project, simply insert additional rows by highlighting the row number adjacent to the blue line below and then clicking on the Insert menu and selecting rows. StartMapDefinition Roof Max YRoof Max XMap Max YMap Max XY Offset X Offset Number of envelope Areas 70 70 90 90 10 10 1 $U$141:$CL$210 $U$141:$CL$210 StartSettingsData Standard Method Uptime Scale FactorLow Thr Low Color Mid Thr Mid Color Hi Thr Hi Color Over Color Ap Ht Mult Ap Ht Method 3 2 3 1 20 1 50 2 100 2 3 1.5 1 StartAntennaData It is advisable to provide an ID (ant 1) for all antennas (MHz) Trans Trans Coax Coax Other Input Calc (ft) (ft) ID Name Freq Power Count Len Type Loss Power Power Mfg Model X Y TMO A1 GSM 1900 28.2 6 110 7/8 LDF 1.46 85.23154 40 TMO B1 GSM 1900 28.2 6 110 7/8 LDF 1.46 85.23154 44 TMO C1 GSM 1900 28.2 6 110 7/8 LDF 1.46 85.23154 36 StartSymbolData Sym Map MarkerRoof X Roof Y Map Label Description ( notes for this table only ) Sym 5 35 AC Unit Sample symbols Sym 14 5 Roof Access Sym 45 5 AC Unit Sym 45 20 Ladder List Of Areas $U$141:$CL$210 (ft) Z 40 33 34 Type 87 VC 87 VC 87 VC (ft) Aper dBd Gain 6 6 6 BWdth Pt Dir 18.8 66;8 18.8 66;128 18.8 66;248 Uptime Profile ON flag ON• ON• ON• RF-EME Compliance Report EBI Project No. 62110004 Site No. 4BN1137D 34 Albert Ray Drive, Ashland, Massachusetts Appendix C Modeling Graphics Note: RF EME for other carriers is not evaluated as part of the elevation plan. T-Mobile Antennas Sector A 0o Sector B 120o Sector C 240o ANTENNA PLAN SCALE: 1 in = 20 ft Exposure control areas: Individuals accessing the tower should understand the three exposure control areas and the actions necessary to control their exposure to radiofrequency energy (refer to the map to identify the three exposure control areas). Blue: The Blue Exposure Control Area represents areas on the tower where the power density is emitted below the FCC’s uncontrolled and the occupational MPE. Individuals may work freely within the blue exposure control areas on the tower. Yellow: The Yellow Exposure Control Area represents areas associated with the tower where the calculated power density is greater than the uncontrolled MPE but less than the FCC’s occupational MPE. At the level of the antenna face, this area is found from more than 3 ft but less than 11 ft in front of the face of the antennas. Occupational exposure in these areas should be limited to less than 30 minutes unless proper personal protective equipment is utilized by qualified individuals with proper safety training. Access by the general public should not be allowed. Red: The Red Exposure Control Area represents areas associated with the tower where the calculated power density exceeds the recommended FCC occupational MPE. At the level of the antenna face, this area is found within 3 ft in front of the face of the antennas. Occupational exposure in these areas should be limited to brief incursions by qualified individuals with proper safety training. Generally, other individuals should be restricted from entering this area until they have contacted T-Mobile who will turn off their transmitter using OSHA approved lockout/tagout procedures. ELEVATION VIEW Power density is greater than the FCC’s uncontrolled MPE, but less than the FCC’s occupational MPE Power density is greater than the FCC’s occupational MPE PLAN DEVELOPED BY EBI CONSULTING BASED UPON BASE PLAN PREPARED BY PRO TERRA DESIGN GROUP, LLC DATED 12-16-10 RF/EME Safety Plan Facility Operator: T-Mobile USA Site Name: Crown Castle Site 806042 Site Number: 4BN1137D Report Date: 1-6-11 RF-EME Compliance Report EBI Project No. 62110004 Site No. 4BN1137D 34 Albert Ray Drive, Ashland, Massachusetts Appendix D Compliance/Signage Plan 21 B Street Burlington, MA 01803 1.800.786.2346 Description Posting Instructions Sign A: Blue 8-1/2” x 11” Used to notify individuals they are entering an area where the power density emitted from transmit antennas is within the FCC’s MPE limit for the general public. Securely post at all first points of access to the antennas (at both compound access gates) in a manner conspicuous to all individuals entering thereon. Denote Site ID Number on Sign in Permanent Marker. Sign B: Yellow 8-1/2” x 11” Used for horizontal and vertical setbacks from RF EME exposures to caution individuals that they are entering an area where the power density emitted from transmit antennas may exceed the FCC’s MPE limit for the general public, but is less than the occupational exposure limit. Securely post at the base of the tower in a manner conspicuous to all individuals entering thereon. Denote Site ID Number and Distance “9” (from Plan View) on Sign in Permanent Marker. Sign F: Red 8-1/2” x 11” Used for vertical setbacks from RF EME exposures to warn individuals that they are entering an area where the power density emitted from transmit antennas may exceed the FCC’s MPE limit for occupational exposure. Securely mount 48 inches above grade at the base of the tower at the location identified on the plan, in a manner conspicuous to all individuals entering thereon. Denote Site ID Number and Distance “79” (from Plan View) Inscribed on Sign in Permanent Marker. “9” “79” W W W SCALE: 1 in = 10 ft EQUIPMENT COMPOUND PLAN VIEW RF/EME Safety Plan PLAN DEVELOPED BY EBI CONSULTING BASED UPON BASE PLAN PREPARED BY PRO TERRA DESIGN GROUP, LLC DATED 12-16-10 Facility Operator: T-Mobile USA Site Name: Crown Castle Site 806042 Site Number: 4BN1137D Report Date: 1-6-11 RF-EME Compliance Report EBI Project No. 62110004 Site No. 4BN1137D 34 Albert Ray Drive, Ashland, Massachusetts Appendix E Site Photographs 21 B Street Burlington, MA 01803 1.800.786.2346 1. Site overview 4. Signage 2 and 3on access gate 2. Access gate 5. AT&T equipment shelter and access gate to inside compound equipment and existing signage 3. Signage 1 on access gate 6. Existing signage detail 7. Verizon equipment shelter 10. Antennas detail_2 8. Existing signage at the base of the tower 11. Antennas zoom with AT&T antennas (2-22) at the bottom 9. Antennas detail_1 12. Antennas overview, from top to bottom: Verizon, Metro PCS and AT&T 13. Other antenna (total 3, 1-1-1) at the top, with the 12 Verizon antennas 15. Metro PCS equipment 14. GPS antennas inside compound 16. Inactive equipment (Sprint) RF-EME Compliance Report EBI Project No. 62110004 Site No. 4BN1137D 34 Albert Ray Drive, Ashland, Massachusetts Appendix F Site Plan with Monitoring Locations 21 B Street Burlington, MA 01803 1.800.786.2346 ♦5.0450 ♦4.9300 ♦0.0420 ♦5.2050 ♦0.1500 ♦0.0795 ♦6.0500 ♦0.3770 Metro PCS equipment ♦1.6145 ♦0.4090 ♦5.6910 ♦4.3940 ♦4.5115 ♦2.2990 AT&T equipment shelter Verizon equipment shelter ♦4.0205 ♦4.8690 ♦4.5105 ♦4.4325 ♦4.9215 Spatially-Averaged Measurements ♦ Other Carrier Antennas Site Plan with Monitoring Results Facility Operator: AT&T Mobility LEGEND T-Mobile Antennas ♦4.8865 % FCC General Public Limit Access gate AT&T Site Number: 4BN1137D Site Name: Crown Castle Site 806042 Site Visit Date: 12-06-11 RF-EME Compliance Report EBI Project No. 62110004 Site No. 4BN1137D 34 Albert Ray Drive, Ashland, Massachusetts Appendix G Site Survey Data 21 B Street Burlington, MA 01803 1.800.786.2346 RF-EME Compliance Report EBI Project No. 62110004 Surveyor Name Site No. 4BN1137D 34 Albert Ray Drive, Ashland, Massachusetts Patricia Briea Site Visit Date 1-6-11 Site Information Middlesex County Crown Castle Site 806042 34 Albert Ray Drive Ashland, Massachusetts 01721 Site Coordinates (NAD83): 42.273599; -71.451551 MONITOR INFORMATION PROBE INFORMATION Monitor Model # NBM520 Probe Model # EA5091 Monitor Serial # B-0496 Probe Serial # 01040 Calibration Date 11-29-10 Calibration Date 11-29-10 Next Recommended Calibration Date 11-29-12 Next Recommended Calibration Date 11-29-12 CLIMATE INFORMATION Temperature (oF) 31 oF Sunny/Overcast/Cloudy Sunny Windy/Mild Breeze/No Wind No wind Next Recommended Rainy/Drizzle/Foggy/Snowy Other Noteworthy weather factors that might influence readings (Lightning) Type of facility: Proposed T-Mobile Site (no T-Mobile equipment or antennas currently present onsite) : Monopole/collocation tower Client Contact Information: Julia Carr (401) 241-0129; John Markus Pinard (508) 667-0363 Property Owner and Contact Number Crown Castle 1-877-486-9377 M-RFSC Name Who manages Access (e.g. security, landlord, no one) No one How is access managed? (locks, sign-in, etc) Gate appears locked, but it is not. The existing lock does not connect to the inside part of the gate, so if you lift the metal bar inside and push, the gate opens. Ease of access, in general (e.g. ease of breaching any access physical controls) Easy 21 B Street Burlington, MA 01803 1.800.786.2346 EXHIBIT 10 Structural Analysis The enclosed is a summary letter of the Analysis. The Applicant will submit the entire report as part of the Building Permit process. EXHIBIT 11 FCC Licenses EXHIBIT 12 Antenna Specification Sheet Technical Data Sheet APX16DWV-16DWVS-C Product Description A combination of two X-Polarized antennas in a single radome, this pair of variable tilt antennas provides exceptional suppression of all upper sidelobes at all downtilt angles. It also features a wide downtilt range. This antenna is optimized for performance across the entire frequency band (1710-2200 MHz). Features/Benefits •Variable electrical downtilt - provides enhanced precision in controlling intercell interference. The tilt is infield adjustable 0-10 deg. •High Suppression of all Upper Sidelobes (Typically <-20dB). •Gain tracking – difference between AWS UL (1710-1755 MHz) and DL (2110-2155 MHz) <1dB. •Two X-Polarised panels in a single radome. •Azimuth horizontal beamwidth difference <4deg between AWS UL (1710-1755 MHz) and DL (2110-2155 MHz). •Low profile for low visual impact. •Dual polarization; Broadband design. Technical Features Frequency Band 3G/UMTS (Single, Broad, Dual and Triple-Band) Horizontal Pattern Directional Antenna Type Panel Dual Polarized - Side by Side Electrical Down Tilt Option Variable Gain, dBi (dBd) 18.4 (16.3) Frequency Range, MHz 1710-2200 Connector Type (4) 7-16 DIN Female Connector Location Bottom Mount Type Downtilt Electrical Downtilt, deg 0-10, 0-10 Horizontal Beamwidth, deg 65 Mounting Hardware APM40-2 Rated Wind Speed, km/h (mph) 160 (100) VSWR < 1.5:1 RFS The Clear Choice ™ APX16DWV-16DWVS-C Please visit us on the internet at http://www.rfsworld.com All Information contained in the present datasheet is subject to confirmation at time of ordering. Print Date: 24.02.2009 Radio Frequency Systems Technical Data Sheet APX16DWV-16DWVS-C Vertical Beamwidth, deg 5.9 to 7.7 1st Upper Sidelobe Suppression, dB > 18 (typically > 20) Upper Sidelobe Suppression, dB > 18 all (typically > 20) Polarization Dual pol +/-45° Front-To-Back Ratio, dB >26 (typically 28) Maximum Power Input, W 300 Isolation between Ports, dB > 30 Lightning Protection Direct Ground 3rd Order IMP @ 2 x 43 dBm, dBc > 150 (155 Typical) Impedance, Ohms 50 Overall Length, m (ft) 1.42 (4.6) Mounting Hardware Weight, kg (lb) 3.4 (7.5) Dimensions - HxWxD, mm (in) 1420 x 337 x 80 (55.9 x 13.3 x 3.15) Weight w/o Mtg Hardware, kg (lb) 18.5 (40.7) Radiating Element Material Brass Radome Color Light Grey RAL7035 Radome Material Fiberglass Mounting Hardware Material Diecasted Aluminum Reflector Material Aluminum Max Wind Loading Area, m² (ft²) 0.64 (6.6) Survival Wind Speed, km/h (mph) 200 (125) Maximum Thrust @ Rated Wind, N (lbf) 787 (177) Front Thrust @ Rated Wind, N (lbf) 787 (177) Packing Dimensions, HxWxD, mm (in) 1550 x 420 x 210 (61 x 16.5 x 8.3) Notes For additional mounting information please click "External Document Link" below. RFS The Clear Choice ™ APX16DWV-16DWVS-C Please visit us on the internet at http://www.rfsworld.com All Information contained in the present datasheet is subject to confirmation at time of ordering. Print Date: 24.02.2009 Radio Frequency Systems EXHIBIT 13 Assessors Map EXHIBIT 14 Site Plan EXHIBIT 15 Towair Report TOWAIR Determination Results A routine check of the coordinates, heights, and structure type you provided indicates that this structure does not require registration. *** NOTICE *** TOWAIR's findings are not definitive or binding, and we cannot guarantee that the data in TOWAIR are fully current and accurate. In some instances, TOWAIR may yield results that differ from application of the criteria set out in 47 C.F.R. Section 17.7 and 14 C.F.R. Section 77.13. A positive finding by TOWAIR recommending notification should be given considerable weight. On the other hand, a finding by TOWAIR recommending either for or against notification is not conclusive. It is the responsibility of each ASR participant to exercise due diligence to determine if it must coordinate its structure with the FAA. TOWAIR is only one tool designed to assist ASR participants in exercising this due diligence, and further investigation may be necessary to determine if FAA coordination is appropriate. DETERMINATION Results PASS SLOPE(25:1): NO FAA REQ-HELIPORT 6397.75 MTRS (6.39780 KM) AWAY Type C/R Latitude Longitude HELI C 42-1724.00N 071-2236.00W Name Address Lowest Elevation (m) NATICK ARMY MIDDLESEX 43.6 LABORATORIES NATICK, MA Runway Length (m) 36.600000000000001 Your Specifications NAD83 Coordinates Latitude 42-16-25.3 north Longitude 071-27-05.5 west Measurements (Meters) Overall Structure Height (AGL) 30.5 Support Structure Height (AGL) NaN Site Elevation (AMSL) 97.5 Structure Type TOWER - Free standing or Guyed Structure used for Communications Purposes EXHIBIT 16 MA Historical Commission Compliance Nationwide Programmatic Agreement Co-location Criteria Verification Form Site Name: BOS ASHLAND 959026 Business Unit Number: 806042 App ID: 110665 Site Address: ALBERT RAY DRIVE FOUNTAIN AND GREEN STREETS, ASHLAND, MA 01721, MIDDLESEX County Carrier Name: T-Mobile [EZ App] Customer Site ID: 4BN1137D Tower was built on or before 3/16/01? Yes No Criteria for Programmatic Agreement Eligibility for Towers Built on or before March 16, 2001 YES NO YES NO YES NO YES NO The mounting of the antenna will result in a substantial increase in the size of the tower1. The tower has been found by the FCC to have an adverse or potentially adverse effect that has not been resolved through an MOA or other mechanism. The tower is the subject of a pending environmental review or proceeding before the FCC involving compliance with Section 106 of the NHPA. The tower owner has received written or electronic notice from the FCC that the FCC is in receipt of a complaint from a member of the public, a SHPO or the Council that the co-location has an adverse effect on one or more historic properties. Criteria for Programmatic Agreement Eligibility for Towers Built after March 16, 2001 YES NO YES NO YES NO YES NO No Section 106 review (SHPO review) or any associated environmental (NEPA) review required by the FCC has been completed for this tower. The mounting of the antenna will result in a substantial increase in the size of the tower.1 The tower is the subject of a pending environmental review or proceeding before the FCC involving compliance with Section 106 of the NHPA. The tower owner has received written or electronic notice from the FCC that the FCC is in receipt of a complaint from a member of the public, a SHPO or the Council that the co-location has an adverse effect on one or more historic properties. Approval is based upon a centerline of . If any of the above answers are “YES,” consultation with the SHPO is required prior to placement of the antenna on the tower. Julie Aker (Tower Owner Representative) Tuesday, November 09, 2010 A COPY OF THIS COMPLETED FORM MUST BE PROVIDED TO THE CARRIER AND TO THE CROWN CASTLE REGULATORY DEPARTMENT. 1 Substantial increase in size of the tower” means: 1) an increase in the tower height of more than 10% or by the height of one antenna array with a separation distance from the nearest existing array not to exceed 20 feet, whichever is greater; 2) the installation of more than 4 new equipment cabinets or more than 1 new equipment building; 3) the addition of an appurtenance that would protrude from the edge of the tower more than 20 feet or more than the width of the tower at the level of the appurtenance, whichever is greater; or 4) the mounting of the antenna would involve excavation outside the current boundaries of the site and any access or utility easements currently related to the site. EXHIBIT 17 MA Department of Health Policy EXHIBIT 18 Redacted Lease