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O 0 foiz Massachusetts Department of Environmental Protection Ckr1r � -- Bureau of Resource Protection - Wetlands WPA Form 2 — Determination of Applicability Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 A. General Information Important: When filling out Pram: forms on the Agawam computer, use Conservation Commission only the tab Ivey to move To: Applicant Property Owner(if different from applicant): your cursor- do not use the Kevin O'Brien return key. Name Name 41 Logan Place _ r� Mailing Address Mailing Address Agawam MA 01001 City/Town State Zip Code Cityrrown State Zip Code 1. Title and Date(or Revised Date if applicable) of Final Plans and Other Documents: no title(submitted with RDA) n/a Title Date Title Date Title Date 2. Date Request Filed: May 13, 2005 B. Determination Pursuant to the authority of M.G.L. c. 131, §40, the Conservation Commission considered your Request for Determination of Applicability,with its supporting documentation, and made the following Determination. �� cv Project Description(if applicable): construct 10'x 12'shed on sauna tubes Project Location: 41 Logan Place Agawam Street Address Cltyfrown H8 2/28 Assessors Map/Plat Number Parcel/Lot Number wpaformZdor•rev.12115100 Page 1 of 5 • Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands 1 WPA Form 2 — Determination of Applicability Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 B. Determination (cont.) The following Determination(s) is/are applicable to the proposed site and/or project relative to the Wetlands Protection Act and regulations: Positive Determination Note: No work within the jurisdiction of the Wetlands Protection Act may proceed until a final Order of Conditions (issued following submittal of a Notice of Intent or Abbreviated Notice of Intent) has been received from the issuing authority(i.e., Conservation Commission or the Department of Environmentat Protection). ❑ 1. The area described on the referenced plan(s)is an area subject to protection under the Act. Removing,filling,dredging,or altering of the area requires the filing of a Notice of Intent. ❑ 2a.The boundary delineations of the following resource areas described on the referenced plan(s)are confirmed as accurate. Therefore, the resource area boundaries confirmed in this Determination are binding as to all decisions rendered pursuant to the Wetlands Protection Act and its regulations regarding such boundaries for as long as this Determination is valid. ❑ 2b. The boundaries of resource areas listed below are na confirmed by this Determination, regardless of whether such boundaries are contained on the plans attached to this Determination or to the Request for Determination. ❑ 3. The work described on referenced plan(s)and document(s)is within an area subject to protection under the Act and will remove, fill, dredge, or alter that area. Therefore, said work requires the filing of a Notice of Intent. ❑ 4. The work described on referenced plan(s)and document(s) is within the Buffer Zone and will alter an Area subject to protection under the Act_Therefore, said work requires the filing of a Notice of Intent. ❑ 5. The area and/or work described on referenced plan(s) and document(s)is subject to review and approval by: Name of Municipality Pursuant to the following municipal wetland ordinance or bylaw: Name Ordinance or Byiaw citation wpaform2.doc•rev.12J15AXI Page 2 of 5 r L1Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands 1 WPA Form 2 — Determination of Applicability Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 B. Determination (coat.) ❑ 6. The following area and/or work, if any, is subject to a municipal ordinance or bylaw but not subject to the Massachusetts Wetlands Protection Act: ❑ 7. ff a Notice of Intent is filed for the work in the Riverfront Area described on referenced plan(s) and document(s), which includes all or part of the work described in the Request, the applicant must consider the following alternatives. (Refer to the wetland regulations at 10.58(4)c. for more information about the scope of alternatives requirements): ❑ Alternatives limited to the lot on which the project is located. ❑ Alternatives limited to the lot on which the project is located, the subdivided lots, and any adjacent lots formerly or presently owned by the same owner. ❑ Alternatives limited to the original parcel on which the project is located, the subdivided parcels, any adjacent parceis, and any other land which can reasonably be obtained within the municipality. ❑ Alternatives extend to any sites which can reasonably be obtained within the appropriate region of the state. Negative Determination Note: No further action under the Wetlands Protection Act is required by the applicant. However, if the Department is requested to issue a Superseding Determination of Applicability, work may not proceed on this project unless the Department fails to act on such request within 35 days of the date the request is post-marked for certified mail or hand delivered to the Department. Work may then proceed at the owner's risk only upon notice to the Department and to the Conservation Commission, Requirements for requests for Superseding Determinations are listed at the end of this document. ❑ 1. The area described in the Request is not an area subject to protection under the Act or the Buffer Zone. G1 2. The work described in the Request is within an area subject to protection under the Act, but will not remove,fill, dredge,or alter that area. Therefore, said work does not require the filing of a Notice of Intent. ❑ 3. The work described in the Request is within the Buffer,Zone, as defined in the regulations, but will not alter an Area subject to protection under the Act. Therefore, said work does not require the filing of a Notice of Intent, subject to the following conditions (if any). ❑ 4. The work described in the Request is not within an Area subject to protection under the Act (including the Buffer Zone). Therefore, said work does not require the filing of a Notice of intent, unless and until said work alters an Area subject to protection under the Act, wpaform2.doc•rev.12115100 Page 3 of 5 • Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 2 — Determination of Applicability Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 B. Determination (cont) ❑ 5. The area described in the Request is subject to protection under the Act. Since the work described therein meets the requirements for the following exemption, as specified in the Act and the regulations, no Notice of Intent is required: Exempt Activity(site applicable statuatorylregulatory provisions) ❑ 6. The area andlor work described in the Request is not subject to review and approval by: Name of Municipality Pursuant to a municipal wetlands ordinance or bylaw. Name Ordinance or Bylaw Citation C. Authorization This Determination is issued to the applicant and delivered as follows- ❑ by hand delivery on ® by certified mail, return receipt requested on May 31 , 2005 Date Date This Determination is valid for three years from the date of issuance(except Determinations for Vegetation Management Plans which are valid for the duration of the Plan). This Determination does not relieve the applicant from complying with all other applicable federal, state, or local statutes, ordinances, bylaws, or regulations. This Determination must be signed by a majority of the Conservation Commission. A copy must be sent to the appropriate DEP Regional Office(see Appendix A)and the property owner(if different from the applicant). Signatures: j May 26, 2005 Date wpaform2.doo-rev.12/1 5100 Page 4 of 5 r Town of Agawam 36 Main Street Agawam, Massachusetts 01001.-1837 ATED MP Tel. 413-786-0400 Fax 413-786-9927 January 9, 2006 John F. O'Krongly 863 North Street Feeding Hills, MA 01030 Dear Mr. O'Krongly: At its duly called meeting held on January 5, 2006, the Agawam Planning Board voted to reject your plan of property on North Street,prepared by Ronald Huot and dated Dec., 2005 that was submitted under"Subdivision Control Law Not Required" as the legal frontage for the remaining land must be shown. If you have any questions,please contact this office at 786-0400, extension 283. Sincerely, Dennis B. Hopkins, Chairman AGAWAM PLANNING BOARD DBH/DSD:pre cc: Town Clerk File Anderson Associates Town Of Agawam ilk 36 MaIn Street Agawam. Massachusetts 01061-1837 B ey` Tel. 41.3-786-0400 Fax 413-786-9927 FORM A Application for Endorsement of Plan Not�,.Believedto Mquire Approval FILE ONE COMPLETED FORM WITH THE PLANNING BOARD AND ONE COPY WITH THE TOWN CLERK IN ACCORDANCE WITH THE REQUIREMENTS OF SECTION 11-B Agawam, MA 2- 7 „20 o-5 TO THE PLANNING BOARD: The undersigned, believing that the accompanying plan of his property in the Town of Agawam does not constitute a subdivision within the meaning of the Subdivision C66trol Law, herewith submits said plan for a determination and endorsement that Planning Board approval under the Subdivision Control Law is not required. cn 1. Name of Applicant f�4 Nn/ � d'<��Cc.� � °0 Address e(,93 /V o P-7 0 jFR-r 2. Name of Surveyor _Pwyl ,U) /(007 Address 3 2S_ y�e c.{ oc � ax) G W A 41 N'f3 • 6/'no/ 3. Deed of Property Recorded in 144 A-Ig b &a C Book 5311 Page 3 E` 4. Location of Property w,,i 5ojrj 5. Describe the proposal in this submission: Cary.�'+ d r.Ut I ff �?��r�, ZrgN4 C� � '�'��• � '�.(k1?r•�G'-� ATTACI-"FNTS - Two originals and three copies of plan by certified land surveyor. YinFee - $35.00. F � f 41 Or,"of vner C Address &16, i4o tqH SU'- r ��d us `own of Agawam 36 Main Street Agawam, Massachusetts 01001-1837 Tel. 413-786-0400 Fax 413-786-9927 April 18, 2008 O'Leary-Vincunas No. Two LLC N) P.O. Box 528 Agawam, MA 01001-0526 Dear Mr. Vincunas: 00 At its duly called meeting held on April 17, 2008, the Agawam Planning Board voted to appr�ve your plans under "Subdivision Control Law Not Required" for a parcel of land located on Suffield/Silver Streets. Plans drawn by Sherman &Frydryk and dated 2/24/2008. Sincerely, AGAWAM PLANNING BOARD ` r 7 r nFd k Please be advised that failure to record the plan within six(6) me t recording will negate the action of the Board. Detach on dotted li _- Planning Board, 36 Main Street, Agawam, MA 01100J. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . • . . . . . . . To Agawam Planning Board Please be advised that the Form A plan that was filed by O'Leary-Vincunas No. Two LLC and approved by the Agawam Planning Board for a parcel of land located on Suffield/Silver Streets has been recorded at the Hampden County Registry of Deeds. Book , Page Signature of Applicant Town of Agawam 36 Main Street Agawam, Massachusetts 01001-1837 Tel. 413-786-0400 Fax 413-786-9927 April 18, 2008 coo rt` O'Leary-Vincunas No. Two LLC N n P.O. Box 528 Agawam, MA 01001-0526 'f - cn- .. Cn T, Dear Mr. Vincunas: N r At its duly called meeting held on April 17, 2008, the Agawam Planning Board voted to app ve your plans under "Subdivision Control Law Not Required" for a parcel of land located on Suffield/Silver Streets. Plans drawn by Sherman & Frydryk and dated 2/24/2008. Sincerely, AGAWAM PLANNING BOARD zez.,X. Please be advised that failure to record the plan within six(6) months and provide proof of recording will negate the action of the Board Detach on dotted line and return to the Agawam Planning Board, 36 Main Street, Agawam, MA 011001; . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . To Agawam Planning Board Please be advised that the Form A plan that was filed by O'Leary-Vincunas No. Two LLC and approved by the Agawam Planning Board for a parcel of land located on Suffield/Silver Streets has been recorded at the Hampden County Registry of Deeds. Book , Page Signature of Applicant A G A W A M P L A N N I N G B O A R D 6l J �rUvsr,�ie 36 Main Street Agawam, Massachusetts 01001 Tel . 413-786-0400 Ext. 245 FORM A Application for Endorsement of Plan Believed Not to Require Approval FILE ONE COMPLETED FORM WITH THE PLANNING BOARD AND ONE COPY WITH THE TOWN CLERK IN ACCORDANCE WITH THE REQUIREMENTS OF SECTION II-B Date : 4/2/08 TO THE PLANNING BOARD: The undersigned, believing that the accompanying plan of his property in the Town of Agawam does not constitute a subdivision within the meaning of the subdivision Control Law, herewith submits said plan for a determination and endorsement that Planning Board approval under the Subdivision Control Law is not required. 1. NAME OF APPLICANT O'Leary-vincunas No. Two, LLC Address PO Box 528, Agawam, MA 01001 2 . NAME OF SURVEYOR Sherman & Frydryk, Land Surveying and EngineeriAW:" Address 3 Converse Street, Suite 203, Palmer, MA 01069 r- - 3 . DEED OF PROPERTY RECORDED IN Hampden Registry Book 15945 Page 113 Book 6665 Page 421 Book 6651 Page 399 Book 15150 Page 554 Book 12104 Page 429 4. LOCATION OF PROPERTY: Sidewalk Easement SW-1 (Rev.) (area of 1,596+/- square feet) and Sidewalk Easement SW-2 (area of 463+/- square feet) are each located on the northerly side of Silver Street and westerly of Suffield Street/Route 75. 5 . DESCRIBE THE PROPOSAL IN THIS SUBMISSION : Revise Sidewalk Easement Sw-1 and add Sidewalk Easement SW-2 ATTACHMENTS - TWO ORIGINALS AND THREE COPIES OF PLAN BY CERTIFIED LAND SURVEYOR. THE PLANS WILL BE DISTRIBUTED AS FOLLOWS : 1 ORIGINAL TO THE TOWN OF AGAWAM ENGINEERING DEPARTMENT, ONE ORIGINAL TO BE RECORDED AT REGISTRY OF DEEDS BY THE APPLICANT, ONE COPY FOR THE ASSESSORS OFFICE, ONE COPY FOR THE PLANNING BOARD OFFICE, AND ONE CERTIFIED COPY FOR THE BUILDING DEPARTMENT. Signature of Owner 0 'A R OR/— vl v , "Vq Town of Agawam ,4. 36 Main Street Agawam, Massachusetts 01001-1837 co Tel. 413-786-0400 Fax 413-786-9927 zy ;•M Z �. April 18, 2008 , �.n O'Leary-Vincunas No. Two LLC P.O. Box 528 Agawam, MA O 1001-0526 Dear Mr. Vincunas: At its duly called meeting held on April 17, 2008, the Agawam Planning Board voted to approve your plans under "Subdivision Control Law Not Required" for a parcel of land located on Suffield/Silver Streets. Plans drawn by Sherman & Frydryk and dated 2/24/2008. Sincerely, AGAWAM PLANNING BOARD Please he advised that failure to record the plan within six (6) months and provide proof of recording will negate the action of the Board Detach on dotted line and return to the Agawam Planning Board, 36 Main Street, Agawam, MA 011001. To Agawam Planning Board Please be advised that the Form A plan that was filed by O'Leary-Vincunas No. Two LLC and approved by the Agawam Planning Board for a parcel of land located on Suffield/Silver Sts. has been recorded at the Hampden County Registry of Deeds. Book , Page Signature of Applicant Town of Agawam J' 36 Main Street Agawam-, Massachusetts 01001-1837 1 Tel. 413-786-0400 Fax 413-786-9927 May 17, 2007 O'Leary-Vincunas No. Two, LLC P.O. Box 528 Agawam, MA 01001 Dear Mr. Vincunas: At its duly called meeting held on May 17, 2007,the Agawam Planning Board voted to approve your plans under "Subdivision Control Law Not Required" for a parcel of land located on Suffield/Silver Streets. Plans drawn by Sherman&Frydryk and dated 11/9/2006. Sincerely, v A A.q AWAM PLANNING BOARD n ZE co XT7 ¢ 3�` _ D Please be advised at allure to record the plan within six (6) inonths and provide proof of lar recording will negate the action of the Board Detach on dotted line and return to the Agawam Planning Board, 36 Main Street, Agawam, MA 011001, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . To Agawam Planning Board Please be advised that the Form A plan that was filed by O'Leary Vincunas and approved by the Agawam Planning Board for a parcel of land located on Suffield/Silver has been recorded at the Hampden County Registry of Deeds. Book , Page Signature of Applicant THE COMMONWEALTH OF MASSACHUSETTS - o r Town of Agawam FORM A APPLICATION FOR ENDORSEMENT OF PLAN BELIEVED NOT TO REQUIRE APPROVAL ca File one completed form with the Planning Board and one copy with the r rT City(or Town) Clerk in accordance with the requirements of Section II-B. No. Date: May 14, 2007 To the Planning Board: The undersigned, believing that the accompanying plan of his/her property in Agawam does not constitute a subdivision within the meaning of the Subdivision Control Law, herewith submits said plan for a determination and endorsement that Planning Board approval under the Subdivision Control Law is not required. 1. Name of Applicant O'Leary-Vicunas No. Two, LLC 2. Address PO Box 528, Agawam, MA 01001 3. Name of Engineer or Surveyor: Sherman & F� rdr kk, Land Surveying and Engineering Address , 3 Converse Street, Suite 203, Palmer, MA 01069 4. Deed of property recorded in Hampden . Registry, Book 15945 Page 11.3 Book 6 6 6 5 Page 421 Book 6651 Page 399 Book 15150 Page 554 Book 12104 Page 429 5. Description: Lot 1 (area of 2.396+/- acres) and Lot 2 (area of .729+/- acres) are each located on the northerly side of Silver Street and westerly of Suffield Street/Route 75. Signature of owner Address PO Box 528 Agawam, MA 01001 Town o f Agawam 51 36 Main Street Agawam, Massachusetts 01001-1837 y D M+a Tel, 413-786-0400 Fax 413-786-9927 December 7, 2006 o - vi c: O'Leary-Vincunas No. Two, LLC ;> P.O. Box 528 ter-, Agawam, MA 01001 3 Dear Mr. Vincunas: c�r� `D r At its duly called meeting held on December 7, 2006, the Agawam Planning Board voted to approve your plans under "Subdivision Control Law Not Required" for a parcel of land located on Suffield/Silver Street. Plans drawn by Sherman&Frydryk and dated 11/9/2006. Sincerely, AWAM PLANN G BOARD Please be advised that failure to record the plan within six (6) months and provide proof of recording will negate the action of the Board. Detach on dotted line and return to the Agawam Planning Board, 36 Main Street, Agawam, MA 011001. To Agawam Planning Board Please be advised that the Form A plan that was filed by O'Leary-Vincunas No. Two, LLC and approved by the Agawam Planning Board for a parcel of land located on Suffield/Silver St. has been recorded at the Hampden County Registry of Deeds. Book , Page Signature of Applicant l�j. vv{/ VV 1 t A TOWN OF A►GAWAM Department tment of Public Works 1000 Suffield Street Agawam MA 01001 Tel (413) 821-0600 • Fax (413) 821-0631 John P. Stone— Superintendent MEMORANDUM T To: PlauLing Board From: Engineering Division CC: Bob St_ Martin—The D"Leary Company Date: December 6 2006 Subject: Form A 290—Agawam Crossing—Silver-and Suffield Streets Engineering has reviewed the plan entitled "Lot Division; Silver and Suffield Streets; Plan of Land in Agawam, MA; Prepared For: O'Leary—Vicunas No, Two, LLC(Owners), Date: 11/9/06". The following comments should not prevent the Board's approval of this Form A. I. After the sidewalk is constricted, certification from a RLS stating that the sidewalk falls within the extents of the easement is required. 2. An in&urnent with written descriptions is required for the sidewalk easements; the easements need to be accepted by the Town Council. If you have any questions please do not hesitate to contact this division. Sincerely, J Decker, E.I.T. chael C. Chase,E.I.T. rivil Engineer I Interim Town Engineer :.Uerma129D xbs end sufilelAmsemu 7doc THE COMMONWEALTH OF MASSACHUSETTS Town of Agawam • FORM A 1 APPLICATION FOR ENDORSEMENT OF PLAN BELIEVED NOT TO REQUIRE APPROVAL File one completed form with the Planning Board and one copy with the City(or Town) Clerk in accordance with the requirements of Section II-B. No. Date: 11/10/0 6 To the Planning Board: The undersigned,believing that the accompanying plan of his/her property in Agawam does not constitute a subdivision within the meaning of the Subdivision Control Law, herewith submits said plan for a determination and endorsement that Planning Board approval under the Subdivision Control Law is not required. 1. Name of Applicant 0'Leary-Vicunas No. Two, LLC 2. Address PO Box 528, Agawam, MA 01001 3. Name of Engineer or Surveyor: Sherman & Frydryk, Land Surveying and Engineering Address : 3 Converse Street Suite 203, Palmer, MA 01069 0 Q c)� 4. Deed of property recorded in Hampden Registry, AE Book 15945 Page 113 Book 6665 Page 421 Book 6651 Page 399 Book 15150 Page 554 Book 12104 Page 429 5. Description: Lot 1 (area of 2.512+/- acres) , Lot 2 (area of .612+/- acres) , Sidewalk Easement SW-1 (area of 1,596+/- square feet) , Sidewalk Easement: SW-2 (area of 414+/- square feet) , and Access Easement A-1 {area of 7,887+/- square feet) are each located on the northerly side of Silver Street and westerly of Suffield Street Route 75. Signature of owner Address PO Bo 528 Agawam, MA 01001 9A XM P/G M . t Town of Agawam d U� 36 Main Street Agawam,Massachusetts 01001-1837 MA 1%1 Tel. 413-786-0400 Fax 413-786-9927 October 11, 2005 Martin Riccitelli Olympic Manufacturing Group 153 Bowles Road ..,� Agawam, MA 01001 Dear Mr. Riccitelli: At its duly called meeting held on October 6, 2005, the Agawam Planning Board voted to approve the Site Plan entitled: "Olympic Manufacturing Group,Proposed Addition- Dumpster Canopy, 153 Bowles Road, Agawam, MA 01001-0508" prepared by Associated Builders, Inc. and dated September 28,2005 with the condition that all Engineering,Fire Department and Police Department comments be addressed. If you have any questions, please contact the Planning Department at 786-0400, extension 283. Sincerely, -? Jo(--D� Travis Ward, Acting Chairman Agawam Planning Board cc: Cle&// Kimberly Masiuk, Associated Builders, Inc. Engineering Fire Police Building File o� Town of Agawam 36 Main Street Agawam, Massachusetts 01001-1837 ` Tel. 413-786-0400 Fax 413-786-9927 0 x October 28, 2004 Olympic Mfg. Group 153 Bowles Road Agawam, MA 01001 Dear Mr. Murphy: At its duly called meeting held on September 2, 2004, the Agawam.Planning Board voted to approve your plans under "Subdivision Control Law Not Required' for a parcel of land located on Bowles Road. Plans drawn by Heritage Surveys and dated September 2, 2004, revised September 14, 2004. Sincerely, AGAWAM PL BO Please be advised that failure to record the plan within six(6) months and provide proof of recording will negate the action of the Board. Detach on dotted Iine and return to the Agawam Planning Board, 36 Main Street, Agawam, MA 011001. To Agawam Planning Board Please be advised that the Form A plan that was filed by Olympic Mfg. Group and approved by the Agawam Planning Board for a parcel of land located on Bowles Road has been recorded at the Hampden County Registry of Deeds. Book , Page Signature of Applicant { Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 2 �- Determination of Applicability Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 A. General Information Important: When filling out From: forms on the Agawam computer, use Conservation Commission only the tab key to move To: Applicant Property Owner(if different from applicant): your cursor- do not use the Olympic Manufacturing Group return key. Name Name 153 Bowles Road,P.O. Box 508 Mailing Address Mailing Address Agawam MA 01001 Cityrrown State Zip Code City/Town State Zip Code 1. Title and Date(or Revised Date if applicable)of Final Plans and Other Documents: Proposed 128,400 sf Warehouse & Manufacturing Addition, Olympic 9-27-04 Title Date Olympic Manufacturing Group M Bowles Road,Agawam, Massachusetts Title Date by Associated Builders, Inc. Title Date_.- 2. Date Request Filed: October 4, 2004 B. Determination Pursuant to the authority of M.G.L. c. 131, § 40,the Conservation Commission considered your Request for Determination of Applicability, with its supporting documentation, and made the following Determination. Project Description (if applicable): 128,400 sf addition with associated parking and loading areas, stormwater management system and and landscaping. Project Location: 153 Bowles Road A awam Street Address CitylTown G7 114 Assessors Map/Plat Number ParoellLot Number wpaform2.doc•rev.12l15100 Page 1 of 5 Massachusetts Department of Environmental Protection LBureau of Resource Protection -Wetlands WPA Form 2 -� Determination of Applicability Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 B. Determination (cunt.) The following Determination(s) islare applicable to the proposed site and/or project relative to the Wetlands Protection Act and regulations: Positive Determination Note: No work within the jurisdiction of the Wetlands Protection Act may proceed until a final Order of Conditions (issued following submittal of a Notice of Intent or Abbreviated Notice of Intent)has been received from the issuing authority(i.e., Conservation Commission or the Department of Environmental Protection). ❑ 1. The area described on the referenced plan(s)is an area subject to protection under the Act. Removing,filling,dredging,or altering of the area requires the filing of a Notice of Intent. ❑ 2a.The boundary delineations of the following resource areas described on the referenced plan(s)are confirmed as accurate.Therefore,the resource area boundaries confirmed in this Determination are binding as to all decisions rendered pursuant to the Wetlands Protection Act and its regulations regarding such boundaries for as long as this Determination is valid, ❑ 2b.The boundaries of resource areas listed below are not confirmed by this Determination, regardless of whether such boundaries are contained on the plans attached to this Determination or to the Request for Determination. ❑ 3.The work described on referenced plan(s)and document(s) is within an area subject to protection under the Act and will remove, fill, dredge, or alter that area.Therefore, said work requires the filing of a Notice of Intent. ❑ 4. The work described on referenced plan(s)and document(s) is within the Buffer Zone and will alter an Area subject to protection under the Act. Therefore, said work requires the filing of a Notice of Intent. ❑ 5. The area andlor work described on referenced plan(s)and document(s) is subject to review and approval by: Flame of Municipality Pursuant to the following municipal wetland ordinance or bylaw: Dame Ordinance or Bylaw Citation MmformZ.doc-rev.12115MO Page 2 of 5 LlMassachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 2 -- Determination of Applicability Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 B. Determination (cont.) ❑ 6. The following area and/or work, if any, is subject to a municipal ordinance or bylaw but not subject to the Massachusetts Wetlands Protection Act: ❑ 7. If a Notice of intent is filed for the work in the Riverfront Area described on referenced plan(s) and document(s),which includes all or part of the work described in the Request, the applicant must consider the following alternatives. (Refer to the wetland regulations at 10.58(4)c. for more information about the scope of alternatives requirements): ❑ Alternatives limited to the lot on which the project is located. ❑ Alternatives limited to the lot on which the project is located, the subdivided lots,and any adjacent lots formerly or presently owned by the same owner. ❑ Alternatives limited to the original parcel on which the project is located, the subdivided parcels, any adjacent parcels, and any other land which can reasonably be obtained within the municipality. ❑ Alternatives extend to any sites which can reasonably be obtained within the appropriate region of the state. Negative Determination Note: No further action under the Wetlands Protection Act is required by the applicant. However, if the Department is requested to issue a Superseding Determination of Applicability, work may not proceed on this project unless the Department fails to act on such request within 35 days of the date the request is post-marked for certified mail or hand delivered to the Department.Work may then proceed at the owner's risk only upon notice to the Department and to the Conservation Commission. Requirements for requests for Superseding Determinations are listed at the end of this document. ® 1.The area described in the Request is not an area subject to protection under the Act or the Buffer Zone. As part of this RDA, the Conservation Commission has nroved the wetland delineation as shown on accomppanyingg plan ❑ 2he work described in the Request is within an area subject to protection under the Act, but will not remove,fill,dredge,or alter that area. Therefore, said work does not require the filing of a Notice of Intent. ❑ 3.The work described h the Request is within the Buffer Zone, as defined in the regulations, but will not alter an Area subject to protection under the Act. Therefore, said work does not require the filing of a Notice of Intent, subject to the following conditions (if any). ❑ 4. The work described in the Request is not within an Area subject to protection under the Act (including the Buffer Zone).Therefore, said work does not require the filing of a Notice of Intent, unless and until said work alters an Area subject to protection under the Act. wpaform2.doc rem,12115/00 Page 3 of 5 Massachusetts Department of Environmental Protection Bureau of Resource Protection -Wetlands `5 WPA Form 2 — Determination of Applicability Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 B. Determination (cont.) ❑ 5. The area described in the Request is subject to protection under the Act. Since the work described therein meets the requirements for the following exemption, as specified in the Act and the regulations, no Notice of Intent is required: Exempt Activity(site applicable statuatorylregulatory provisions) -_ ❑ fi. The area and/or work described in the Request is not subject to review and approval by: Name of Municipality Pursuant to a municipal wetlands ordinance or bylaw. Name Ordinance or Bylaw Citation C. Authorization This Determination is issued to the applicant and delivered as follows: ❑ by hand delivery on U by certified mail, return receipt requested on October 20„ 2004 Date - Date This Determination is valid for three years from the date of issuance (except Determinations for Vegetation Management Plans which are valid for the duration of the Plan).This Determination does not relieve the applicant from complying with all other applicable federal, state, or local statutes, ordinances, bylaws, or regulations. This Determination must be signed by a majority of the Conservation Commission.A copy must be sent to the appropriate DEP Regional Office (see Appendix A) and the property owner(if different from the applicant). _October 14 , 2004 Date ^ WPA Form 2 Page 4 or 5 aov mmn Massachusetts Department of Environmental Protection ry ; Bureau of Resource Protection - Wetlands ry y y WPA Form 2 — Determination of Applicability Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 4 D. Appeals The applicant, owner, any person aggrieved by this Determination, any owner of land abutting the land upon which the proposed work is to be done, or any ten residents of the city or town in which such land is located, are hereby notified of their right to request the appropriate Department of Environmental Protection Regional Office (see Appendix A) to issue a Superseding Determination of Applicability. The request must be made by certified mail or hand delivery to the Department,with the appropriate filing fee and Fee Transmittal Fomo (see Appendix E: Request for Departmental Action Fee Transmittal Form) as provided in 310 CMR 10.03(7)within ten business days from the date of issuance of this Determination.A copy of the request shall at the same time be sent by certified mail or hand delivery to the Conservation Commission and to the applicant if he/she is not the appellant. The request shall state clearly and concisely the objections to the Determination which is being appealed. To the extent that the Determination is based on a municipal ordinance or bylaw and not on the Massachusetts Wetlands Protection Act or regulations, the Department of Environmental Protection has no appellate jurisdiction, VvPA Force 2 PageSd5 Ra VIDO Town of Agawam 36 Main Street Agawam, Massachusetts 01001-1837 D Mp `h Tel. 413-786-0400 Fax 413-786-9927 PLANNING BOARD October 5, 2004 Olympic Manufacturing Group 153 Bowles Road _ Agawam, MA 01001 - To Whom It May Concern: � ri- w At its duly called meeting held on September 30, 1004, the Agawam Planning Board vote!:,"to approve the Site Plan entitled "Proposed 128,400 SF Warehouse&Manufacturing Addition's Olympic Manufacturing Group, 153 Bowles Road, Agawam,Massachusetts, prepared by Associated Builders, Inc, and dated 9-27-04. The Board's vote to approve this plan was conditional upon review of the professional staff of the Town of Agawam. If you have any questions,please contact this office at 786-0400, extension 283. Sincerely, .c.. "Ov , Dennis B. Hopkins,Chairman AGAWAM PLANNING BOARD DBHIDSD:pre cc: Building Inspector Engineering Dept. Associated Builders Town Clerk, File Town of Agawam 36 Main Street Agawam, Massachusetts 01001-1837 MP Tel. 413-786-0400 Fax 413-786-9927 CD PLANNING BOARD f October 5,2004 w r7- Robert Murphy Olympic Manufacturing Group 153 Bowles Road Agawam,MA 01001 Dear Mr. Murphy: This letter supercedes and clarifies the previous letter sent to Olympic Manufacturing Group dated October 5, 2004. At its duly called meeting held on September 30, 2004, the Agawam Planning Board voted to approve the Site Plan entitled"Proposed 128,400 SF Warehouse& Manufacturing Addition" Olympic Manufacturing Group, 153 Bowles Road, Agawam, Massachusetts,prepared by Associated Builders, Inc. and dated 9-27-04. The Board's vote to approve this plan was conditional upon review of the Agawam Engineering Department. If you have any questions,please contact this office at 786-0400, extension 283. Sincerely, ICJ. �s c7 Dennis B.Hopkins, Chairman AGAWAM PLANNING BOARD DBH/DSD:pre cc: Building Inspector Engineering Dept. Associated Builders • 1. Y � p/`� AGAWAM PLANNING BOARD 36 Main Street Agawam, Massachusetts 01001 Tel. 413-786-0400. Ext. 245 FORM A cii .. . F C.n M FILE ONE COMPLETED PORN WITH THE PLANNING BOARD AND ONE COPY WITH co THE TOWN CLERIC IN ACCORDANCE WITH THE REQUIREMENTS OF SECTION 11-8 7 Date: _September 2_ , 2004 c TO THE PLANNING BOARD: The undersigned, believing that the accompanying plan of his property in the Town of Agawam does not constitute a subdivision within the meaning of the Subdivision Control Law, herewith submits said plan for a determination and endorsement that Planning Board approval under the Subdivision Control Law is not requited. . NAME -OF APPLICANT_Ql I�i (�Y11/t1�1 wAlir2___�_ Address — EI _——Ro&A Am vt _ � O��iJSvt/ 2. NAME OF SURVEYOR Bruce A. Coombs, Heritage Surveys, Inc. Address College Hgwy & Clark St,_Southampton, MA 01073 3. DEED OF PROPERTY RECORDED IN yaxnpdem �Ca mLy Ragiatxy_ Deeds Book Page 247 4. LOCATION OF PROPERTY; Parcel 1, having an area of 15.409 acres as shown on the accompanying plan dated September 2, 2004. S. DESCRIBE THE PROPOSAL IN THIS SUBMISSION: This plan has been prepared for the purpose of eliminating interior lot: lines. ATTACHMENTS—TWO ORIGINALS AND THREE COPIES OF PLAN BY CERTIFIED LAND SURVEYOR. THE PLANS WILL BE DISTRIBUTED AS FOLLOWS: 1 ORIGINAL TO THE TOWN OF AGAWAM ENGINEERING DEPARTMENT,ONE ORIGINAL TO THE RECORDED AT REGISTRY OF DEEDS BY THE APPLICANT,ONE COPY FOR THE ASSESSORS OFFICE,ONE COPY FOR THE PLANNING OARD OFFICE,AND ONE CERTIFIED COPY FO E B ING DEPARTM NT. Signature of Owner yC ) Addireas a Town of Agawam 36 Main Street Agawam, Massachusetts 01001-1837 z � DAy, Tel. 413-786-0400 Fax 413-786-9927 February 2, 2006 John F. O'Krongly 863 North Street Feeding Hills, MA 01030 Dear Mr. O'Krongly: o At its duly called meeting held on February 2, 2006, the Agawam Planning Board voted to approve your plans under"Subdivision Control Law Not Required" for a parcel of land located on North Street. Plans drawn by Ronald Huot and dated Dec. 2005, revised 1/26/06. Sincerely, A WAM PLANK BOARD I L-�— Please be advised that failure to record the plan within six(6) months and provide proof of recording will negate the action of the Board Detach on dotted line and return to the Agawam Planning Board, 36 Main Street, Agawam, MA 011001. To Agawam Planning Board Please be advised that the Form A plan that was filed by O'Krongly and approved by the Agawam Planning Board for a parcel of land located on North Street has been recorded at the Hampden County Registry of Deeds. Book , Page Signature of Applicant �lY� N1 �drN7- • TOWNOFAGAWAM �wh � 36 MAIN STREET �Gq W4 1 AGAWAM, MA 01001 07FE-8 28 T P/y2; 4f DECISION OF BOARD OF APPEALS 1 p N►P Petition of: Omnipoint Communications d/b/a/T-Mobile, Inc. Premises affected: 781 Shoemaker Lane Date: February 12,2007 Case ff: 1767 The Agawam Board of Appeals conducted several public hearings followed by a public meeting on February 12,2007, at the Agawam Public Library Conference Room, 750 Cooper Street, Agawam, MA, for all parties interested in the appeal of Omnipoint Communications d/b/a/T- Mobile,Inc., which is seeking a Special Permit in accordance with Sections 180-96 of the Zoning Ordinances,which would allow for the construction of wireless communication tower with antennas and equipment at the premises commonly known as St. Anne's Country Club and identified as 781 Shoemaker Lane. After the public hearing, and after a thorough review of the facts presented, the Agawam Board of Appeals made the following findings: 1. The subject property is located in an area of Town zoned Agricultural. 2. The petitioner is seeking a special permit to construct a wireless communications tower along with antenna and equipment. 3. The proposed tower will be approximately one-hundred-fifty(150') feet in height. 4. An independent consultant, chosen by this Board,was hired to review the information submitted by the petitioner,who found "there is no glaring technical contradictions to the Approval Criteria 5. The Board has found proposed facility is within the Wireless Telecommunications Overlay District 6. The Board has found that the proposed facility shall comply with FCC 96-326 and any and all other applicable FCC regulations regarding emissions of electromagnet radiation and a monitoring program in place. 7. The Board has found that the applicant is not able to use existing towers/facility sites in or around the Town of Agawam, 4. The Board has found that the use as developed will not have undue adverse impacts on historic resources, scenic views, residential property values, natural or man-made resources. 5. The Board has found that the applicant has agreed to implement measures to mitigate the potential adverse impacts of the tower and facility. ' Decision of: Omnipoint Telecommunications d/b/a/T-Mobile, Inc. CLl;ti Case# 1767 IGAWAM, MASS. February 12, 2007 07 FEB 2g PM 2; 4 1 Therefore, by a unanimous vote of its three members,the Agawam Board of Appeals grants the Special Permit subject to the following conditions: 1. The proposed antennas shall be constructed according to the plans submitted to this Board entitled: "St. Anne's Country Club, 781 Shoemaker Lane, Site#4SH-0223-H, prepared by Coler& Colantonio, dated November 11,2006 and signed by the members of this Board. 2. The petitioner received site plan approval from the Planning Board on January 8, 2007. If the petitioner wishes to change the conditions issued by the Planning Board, the petitioner must go back.to Planning. However,this Board has no objections if the petitioner wishes to use gravel for the road or change the type of enclosure around the facility. 3. The petitioner shall post a"Removal Performance Guaranty" in the form of a cash bond. Such bond shall be agree upon between the petitioner and this Board before the issuance of this Special Permit. The costs necessary to obtain estimates for the removal/demolition shall be borne by the petitioner. 4. The petitioner shall provide a certificate of insurance to this Board before the issuance of this Special Permit. This certificate of insurance shall be submitted to the Planning Board on an annual basis showing proof of insurance against damages to person or property. 5. The petitioner must meet with this Board every five (5)years to review, and if necessary, adjust the monetary amounts originally specified under Conditions#2 and #3. The petitioner shall notify this Board within ninety (90) days prior to each subsequent five (5) year period. 6. This personal wireless tower/facility shall be removed if said tower/facility ceases to operate for a period of one(1)year. 7. The petitioner shall immediately notify the Town if its license/permit from the Federal Communications Commission is revoked. 8. The petitioner shall demonstrate annually that it complies with a with all federal, state and local laws, rules and regulations. 9. The petitioner shall file with the Registry of Deeds a"Notice of Special Permit" form, which shall be provided by this Board and proof of said filing must be submitted to this Board and to the Inspector of Buildings. 10. This Special Permit shall become null and void if construction does not commence within. two (2)years from the date of this decision. This decision is subject to appeal in accordance with M.G.L. Ch. 40A, Section 17 within 20 days after this decision is filed with the Agawam Town Clerk. Fred Harpin Doreen Prouty ed / 7y BOARD OF APPEALS PUBLIC MEETING December 11, 2006 The following members attended the public meeting: - Doreen Prouty, Chairperson t Fred Harpin, Vice Chairperson Joseph Conte, Clerk f c Larry Hoague-Alternate + v Betty Manchino-Secretary 3 Ln-r 1. Omni Point - Case #1767 � N Chairman Prouty opened this public hearing at 6:OOPM and read the Public Notice. Sitting on this case was Doreen Prouty, Fred Harpin and Larry Hoague. Representing Omni Point was Attorney Simon Brighenti. He explained that the purpose of this permit is to install an antenna at St. Anne's Golf Course at 781 Shoemaker Lane. This anteiina would provide better coverage for customers of T-Mobile in the Agawam area. Attorney Brighenti stated he has met ail the requirements for such a permit by all the local boards except the Planning Board. He was waiting to see if the ZBA would require a balloon test before he went to the Planning Board and if there were any other requirements the Board might want. With all the proper documentation that the Board requires except the plot plan, Chairperson Prouty stated she would send the application to Dave Maxso Engineering who does all this research for the ZBA and asked Attorney Brighenti to proceed with the Planning Board as the ZBA would need a plot plan to accept this application. Chairperson Prouty also stated the ZBA would need a deed and letter from St. Anne's Golf Course stating the use of their property is valid. Chairperson Prouty made the motion to continue this public hearing until February 12� at 7:OOPM. Motion seconded by Harpin. 2. John G. Kudlik Case 41769 The Public Hearing was opened at 6:45PM and Chairperson Prouty read the Public Notice. Sitting on this petition were Joseph Conte,Fred Harpin and Doreen Prouty. Mr. Kudlik stated that he is looking to increase the number of vehicles he can sell at the property of 517 Springfield Street from 26 to 46. This property has been used as a used car dealership for 20 years and in order to change the number of vehicles on this property he needs approval from the ZBA. Mr. Kudlik also stated he was approved by the Planning Board on December 7th. Chairman Prouty read into the record memos from the Commission on Disabilities and the Safety Officer. Public Hearing was closed at 7:OOPM and Chairperson Prouty made the motion to go into a public meeting. Vice Chairman Harpin made the motion to accept this application seconded by Conte and Chairperson Prouty-made the vote unanimous with conditions that Mr. Kudlik obtain approval of the City Council for this change in permit. ti 3. TJ Sporthouse - Case#1770 R Public Hearing was opened at 7:15PM and Chairperson Prouty read the legal notice. Sitting on this petition were Larry Hoague, Joseph Conte and Doreen Prouty. Mr. Antonio Veilleux, 1'664 Main Street was present and asked to withdraw this application without prejudice. Chairperson Prouty made the motion to accept this withdrawal, seconded by Joseph Conte and Larry Hoague made the vote unanimous. 4. South Agawam Storage Case#1771 Chairperson Prouty opened this Public Haring at 7:30PM and read the Legal Notice. Sitting on this case was Prouty,Conte and Harpin. Michael Palazzi, 26 Trinity Terrace represented South Agawam Storage. He stated he has a few problems with the Planning Board and asked for a continuance on this Public Hearing. Some of the problems would require him to invest more money in his business and he wanted to know if the ZBA would advise him if the changes would be worth his while. He also asked if the ZBA would do a site visit of this area and express their opinions. The Board scheduled a site visit on December 15'h at 10:00AM. Mr. Richard Price, 1710 Main St. spoke in favor of issuing this permit to Mr. Palazzi. Chairperson Prouty made the motion to accept the request for a continuance until January 8d'at 6:30PM seconded by Fred Harpin, and Joseph Conte made it unanimous. 5. Kot- Case#1759 Sitting on this case were Larry Hoague, Joseph Conte and Doreen Prouty. Chairperson Prouty read into the record a letter from D.L. Bean requesting another 60 day extension and continuation of the public hearing to the first meeting in February. Prouty made the motion to accept the extension seconded by Joseph Conte and Larry Hoague made it unanimous. This public hearing is continued to February 12t' at 6:30PM. 6. Minutes of December 1Ph meeting were approved as amended. 7. Harpin made the motion to adjourn at 8:20PM seconded by Conte. BOARD OF APPEALS PUBLIC MEETING November 27,2005 The following members attended the public meeting: Doreen Prouty, Chairperson Fred Harpin, Vice Chairperson Joseph Conte, Clerk Gary Suffritti-Alternate ddd ,a c Betty Manchino-Secretary c::� 1. Sand Trap School Club, LLC - Case#1752 3 Chairperson Prouty reopened this public hearing at 6:05PM. Sitting on this case were Dore n c 'Prouty,Fred Harpin and Gary Suffriti. `• (A 'C-7. In attendance were about 75 people from the surrounding areas concerning this special permit. Chairperson Prouty clarified to the people in attendance the answer to the question raised at the last public hearing of why some abutters were not notified of the hearing. Chairperson Prouty stated that the reason was that Special Permits require that abutters living within 300 feet be notified, unlike the previous request by the petitioner for a zone change, which required abutters living within 500 feet to be notified of the public hearing. Chairperson Prouty had previously rescheduled the public hearing for November 20a'but was unable to locate a meeting place for this hearing. She requested the petitioner to ask for an extension to December 11 a' so the proper hearing could be held, which Attorney Donahue had done. Attorney James Donahue notified Chairman Prouty of a legal opinion submitted by the Acting Solicitor to the Building Inspector which the Board was not privy to and that the petitioner had to obtain a copy of this document by a public records request. Chairman Prouty read into the record the letter to the Board from Attorney Donahue and she also read into the record the legal opinion of the Acting Town Solicitor. Attorney Donahue stated that he has presented the position on this petition completely and that under Chapter 40A, Section 3, the additional use of this childcare facility is completely under that State's guidelines and that the Board should overturn the Building Inspector's decision denying acceptance of his plans_ Chairman Prouty opened the Public Hearing to the public stating that in their discussion they must remember that the sole purpose of this hearing is to either agree or disagree with the decision made by the Building Inspector. Speaking against this petition was Robert Kay, 38 Longbrook Estates. Mr. Kay posed the question of what childcare facility does not limit numbers of attendants. Chairman Prouty stated that the questions he raised were not pertinent to this hearing. Attorney Donahue responded by saying the current license is for 50 children but if the proposed expansion were to take place it would increase attendance to 200 children. Rena Phelps, 180 Brookfield Lane questioned what ages of the children and was advised between the ages of 5-14 years of age. 1 Louise Graham, 11 Ash Lane stated she never was advised that there currently was a day care center located at this address. Walter Nerves,37 Dogwood Lane said the Board should poll the people in attendance if they think this petition is for a day care center or an entertainment center and he thinks 98%would say a recreation center. Judy Conte, 192 Brookfield Lane stated the perception of the intention of the petitioner is a business intention. Introducing this center would lead to the possibility of expanding to an amusement park and the size of this facility is of concern to her. Attorney William Walsh, 543 Springfield Street has been hired by the abutters of Longbrook Estates and questioned Attorney Donahue if this is a legitimate child care facility with 28% of the usage being used outdoors. Attorney Donahue explained that once the expansion is completed there will be a reduction in the size of the outside usage. Charles Dennison, 18 Charest Lane questioned if the use of the facility would be opened to the general public. Attorney Donahue stated that anyone that uses the facility must join the access program and abide by all rules and regulations. Connie Marini, 39 Dogwood Lane questioned how late the program would go and could a member's parent go without the children. She was advised the hours would be 10-1OPM and that a member might go alone. Kelley Quaker, Hunter's Green questioned if the Board was going to make a decision on this matter this evening. Mr. Richard Kresock, 63 Tobacco Farm Road was the only one to speak in favor of this petition. Chairman Prouty again stated to the audience that the Board is only going to make a decision as to whether they agree or disagree with the Building Inspector's decision. If the petitioner was to move further,the abutters would have other avenues to express their concerns via the Planning Board and Conservation Commission. Chairman Prouty closed the public hearing at 7:OOPM and the board went into a public meeting. Alternate member, Gary Suffriti agreed that the expansion was a permitted use but he does not feel that the expansion of the building for other activities is customary for childcare and that he felt the Building inspector was correct in his decision. Vice-Chair Fred Harpin stated that this project was exempt under the childcare provisions and he did not agree with the Building Inspector's rejection of this project. Chairman Prouty believed the petitioner would be exempt under the childcare provisions but she had a problem with the access children program. The access program a child could come in with a parent or guardian which would not make it exempt under the childcare provisions. If this project was just for school age children the exemption would apply, but with the access program she does not believe the program to be exempt. 2 Chairman Prouty called for a vote: Suffriti-no not to overturn the Building Inspector's decision Harpin-yeah Prouty-no The Board voted with two in opposition and one in favor of the request not to overturn the decision of the Building Inspector. She explained the 20 day appeal process to the petitioner. 2. Case#1761 Omni-Point Communications Chairman Prouty opened the Public Hearing at 7:20PM. Sitting on this case were Doreen Prouty, Fred Harpin and Joseph Conte. Chairman Prouty read into the record a letter from the petitioner, St.Anne's Country Club, represented by Attorney Simon Brighenti, that due to scheduling problems they wish to continue this public hearing to December 11"at 6:00PM. The Board voted unanimous to continue the hearing. 3. Nextel Communications Case#1761 Chairperson Prouty reopened the Public Hearing at 7:20PM members sitting on this case were Doreen Prouty, Fred Harpin and Joseph Conte. Chairperson Prouty stated the Board had received a copy of the report from David Maxson the engineer that reviews petitions for the Board. The Board did not receive a plot plan for this project. -The Planning Board approved the site plan with paving being recommended on the road entering to the tower. Chairperson Prouty received the tape submitted by Mr. & Mrs. DeFilippi regarding the health concerns of the residents living near this proposed tower. She explained that Dave Maxson's report studies all the environmental aspects pertaining to these towers, and explained that the Board cannot deny a permit for health reasons only. Ms. Theresa Ranciote-Viele, of 100 Bass Road, Brandford, CT, representing Nextel was in attendance Chairman Prouty reopened the public hearing to the audience and the first to speak was Robert DeFilippi, 24 Prospect Street who once again stated that living near these antennas has health risks for the residents. He stated that research will eventually catch up with the telecommunication agency. Larry Scherpa,24 Tower Terrace wanted to know if the tower could possibly be placed on another power line. He is not sure that the evidence presented to Maxson Engineers took into consideration another power line. Terry Letellier, 150 Maple Street, also questioned if the tower could possibly be put on another power line antenna. Ms. Joanne Gloster, 27 Orchard Street, has been a resident for 16 years and she thinks this project would have an affect on her property value. Ms. Diane Pacasse, 18 Orchard Street, is against the proposal for safety and real estate issues.. 3 4 Chairperson Prouty stated the Board has never encountered problems of antennas placement before. Clerk Conte suggested that this petition be tabled and to see if this is the optimal location or may there be an alternative location for this antenna. Chairperson Prouty made the motion to continue this public hearing until December 18'h at 6:OOPM when a decision will be made on this application. 4. Case#1768-Bonasoni Chairperson Prouty opened this public hearing at 8:20PM, sitting on this application were Doreen Prouty, Gary Sufrrtti, and Fred Harpin. Mr. Bonasoni-explainedhis plan for enclosing an existing deck with walls and a roof. There will be no changes in the foundation. Speaking in favor of this petition were Larry Scherpa,24 Tower Terrace, William Walsh, 107 Maple Street,Patrick Ruane,27 Tower Terrace and Torn Whitman, Carmen Ave. all stating this would be an improvement in the neighborhood. Chairperson Prouty closed the public hearing at 8.30 and the board went into a public meeting. Chairperson Prouty stated this was a straightforward request to enclose a deck and made the motion to accept this application. Vote- Suffriti -yeah Harpin -yeah Prouty -yeah 5. Minutes of November 13a'were accepted as amended. 6. Chairperson Prouty made the motion to adjourn and seconded by Suffriti the meeting was adjourned at 8:50 PM.- 4 Board of Appeals 'own of Agawam Application for ,Special Permit CONSTRUCTION OF A WIRELESS TELECOMMUNICATION FACILITY St. Anne Country Club 781 Shoemaker Lane Agawam, Massacbusetts � --On " COMMUNICA11ONS, INC., a Wholly Owned Subsidiary of T Petitioner/Applicant Suhtnitted by Simon J. Brighenti, Jr. Esquire O'Connell, Flaherty & Attmore 1350 Main Street Springfield, MA 01103 (413) 747-1773 TABLE OF CONTENTS APPLICATION FOR SPECIAL PERMIT TOWN OF AGAWAM Property located at St.Anne Country Club 781 Shoemaker Lane Agawam,Massachusetts Omnipoint Communications,Inc. a division of ••Mobile- 100 Filley Street Bloomfield,Connecticut 06002 Application Tab I Application for Special Permit with Supporting Statements Project Narrative Description Tab 2 Radio Frequency Engineer's Affidavit Tab 3 Propagation Plots FCC License Massachusetts Department of Public Health Notice Photographic Simulations of Proposed Facility Tab 4 Site Plan Tab S Zoning Drawings P♦I{,U—J.—F GCJ{!L! •-JU I U«N• VI Ivr k a x. V V J J:-• v� TO WN OF AGAWA I q 36 ,21+C411V STREET AGA WAM, MA 01001 •}• BOARD OF APPEALS Case k ` Hag I !Yt P Application to Board of Appeals for SPECIAL.PERMIT as provided in the Zoning and other By-laws- Applicant 9MIMint Coummications Address c& Simon J. grighenti, Jr., Esq- d/b/a T mobile 1350 Main st., springtTeId7MA 01102 Application is hereby made for SPEC'Z4L PF1tMT?x as provided by Section 180 Paragraph 96 of the By-later. Premises affected are situated on Shoemaker Lane feet distant from the corner of Street and known as street number 7Ri Property is zoned as &aricult=V _- : . ) v x _ *r. Please see acccm_pauing docLmentation�for additional detail o y Sigr< e o r or his authorized agent ICE. THIS APFLICAT7�N MUST BE FILLF1')OUTIN I,�lIC OR 7`YF'EWRII'!FV PROPOSED FINDINGS PER TOWN OF AGAWAM ZONING ORDINANCE CRITERIA Support Statements for Zoning_Relief Applicant: Omnipoint Communications, Inc., a division of T- -Mobile Location: St. Anne Country Club 781 Shoemaker Lane, Agawam, MA Parcel ID: F6 1 1 Zoning District: AG Agricultural Property Owner: St. Anne Country Club Partnership RELIED SOUGHT; I. SPECIAL PERMIT Applicant requests the Board of Appeals issue a Special Permit for the location of a Personal Wireless Services Facility including a Tower (hereinafter "the facility") at the property know as St. Anne Country Club located at 781 Shoemaker Lane pursuant to §§180-11 and 180-96 of the Town of Agawam Zoning Ordinance (hereinafter "the Ordinance"). Applicant's proposed facility will include a 150' monopole with space for multiple carriers, and three (3) computer cabinets known as Base Transmission Stations(`BTS") as shown on the accompanying plans at Tab 5. Applicant is applying for the above relief in order to locate a wireless telecommunication facility within the leased property. Applicant submits that the proposed facility meets the letter and spirit of the town regulations and has set forth below proposed findings in accordance with the applicable portions of the Ordinance. § 180-11. Special use permit exceptions and special permit. JAmended 12-5-1988 by TOR-88-19; 1-19-1993 by TOR 92-171 A. Authority and rule& The Board of Appeals by virtue of the authority vested in it by statute may, after public notice and hearing, in appropriate cases and subject to appropriate conditions and safeguards grant a special use permit exception to the terms of the Zoning Ordinance in harmony with the general purpose and intent of this chapter. The special permit granting authority may adopt and from time to time amend rules and regulations relative to the issuance of such permits and shall file a copy of said rules and regulations in the office of the Town Clerk B. Hearing, notice and decision. Omnipoint Communications,Inc., a division of ••Mobile= St Anne Country Club Page 2 of 22 Pages (1) The special permit granting authority shall hold a public hearing within 65 days after the filing of an application with the special permit granting authority, a copy of which shall forthwith be given to the Town Clerk by the applicant. (2) The special permit granting authority shall require notice be given by publication in a newspaper of general circulation in the Town once in each of two successive weeks, the first publication to be not less than 14 days before the hearing, and by posting such notice in a conspicuous place in the Town Hall. Notice shall be sent by mail, postage prepaid to the petitioner, abutters and owners of land within 300 feet of the property Tine as they appear on the most recent applicable tar list, including those in another city or Town and the Planning Boards of all abutting cities and towns. Such notice shall be prepared published,posted and mailed by the Board of Appeals. (3) The special permit granting authority shall act within 90 days following the public hearing. Failure to take final action upon an application for a .special permit within said 90 days shall be deemed a grant of the permit applied for. (4) Upon granting of a special permit, a copy shall be issued to the owner and the applicant, f other than the owner of the property, certified by the special permit granting authority. No special permit shall take effect until a copy of the decision certified by the Town Clerk that 20 days have elapsed and no appeal has been filed, or if such appeal has been filed that it has been dismissed or denied, is recorded in the Registry of Deeds wherein the land is located C. Duration. A special permit granted by the special permit granting authority shall lapse if a substantial use thereof has not commenced within two years, or in the case of construction, if construction has not begun within said two years Exception may be made for good cause by the special permit granting authority. D. Special consideration. Special permits shall be issued by the special permit granting authority for uses, whether or not on the same parcel as activities permitted as a matter of right, which are necessary in connection with scientific research or scientific development or related production where the special permit granting authority finds that the proposed accessory use does not substantially derogate from the public good E. Planning Board report. The Planning Board shall transmit a report to the special permit granting authority on each special permit application. The Planning Board shall be notified at least 14 days prior to the public hearing on such a special permit. However, the special permit granting authority may act in the absence of a report from the Planning Board after this fourteen-day period Omnipoint Communications, Inc., a division of - -Mobile St.Anne Country Club Page 3 of 22 Pages F. Zoning Officer report The Zoning Officer shall transmit a report to the special permit granting authority on each special permit application. The Zoning Officer shall be notified at least 14 days prior to the public hearing on such a special permit. However, the special permit granting authority may act in the absence of a report from the Zoning Officer after this fourteen-day period Finding: Applicant shall comply with all stated requirements and with all reasonable conditions imposed pursuant to the above regulations. G. Starmk rrds for reviewing (1) Ae Board of Appeals shall not approve any such application for a special use permit unless it finds in its judgment all of the following conditions are met: (a) The specific site is an appropriate location for such a use, building, structure or services. Finding: Applicant is seeking municipal approval to construct a personal wireless telecommunication facility within the Wireless Telecommunications Overlay District CVTOD") which is defined at §180-92 below as a specific area, determined by engineering analysis to contain sites where adequate service may be provided to the Town of Agawam, which, at the same time, have the potential of reducing or mitigating negative impacts in accordance with the Overlay District as defined in this article. (b) The use as developed will not adversely affect the health, safety or property value of the neighborhood Finding: Applicant will comply with all applicable local, state and federal public health regulations. The proposed facility will function at several magnitudes below the levels set by the Federal Communications Commission ("FCC") in regulating transmission of radio signals. See RF Affidavit at Tab 3. The facility will be comparable in design and appearance to similar facilities existing within the community and will be constructed a significant distance away from residences well within the extensive confines of the host multi-acre property. . (c) There will be no nuisance or potential hazard to vehicle or pedestrian safety. Finding: Subsequent to construction, the proposed facility will be essentially a "passive" construct in that there will be no employees required on site. A maintenance technician will visit the site approximately once a month in a pickup truck, van or small SUV and will use the existing parking area. Thus there will be no appreciable impact on existing traffic or circulation patterns_ The proposed location is in an area where vehicles are prohibited and pedestrian activity is limited to golfers and other individuals using the country club grounds. OmnipointCOAImnications,Inc., a division of - -Mobiles St.Anne Cowntry Club Page 4 of 22 Pages (d) Adequate and appropriate facilities and controls will be provided for the proper and safe operation of the proposed use or service. Finding: Subsequent to construction, the proposed facility will be continuously monitored off site electronically. The facility will be fully secured and access strictly regulated. See Plans at Tab 5. (2) The special use exception may be granted for a specific use that is not considered so objectionable or obnoxious that the proposed use would be against the public interest or detrimental or injurious to the character of the neighborhood Finding: The facility will be comparable in design and appearance to similar facilities existing within the community and will be constructed a significant distance away from residences well within the extensive confines of the host multi-acre property. A feature of the proposed facility will be the ability to support equipment used by other carriers and/or municipal emergency services to enhance the overall emergency and non- emergency communication presence within the neighborhood and generally within the town of Agawam. H. Conditions attached to special permit approvals In approving a special permit, the special permit granting authority may attach such conditions and safeguards as are deemed necessary to protect the neighborhood, such as, but not limited to, the following.• (1) Requirement of front, side or rear yards greater than the minimum required by this chapter. (2) Requirement of screening of parking areas or other parts of the premises from adjoining premises or from the street by walls, fences, planting or other devices (3) Modification of the exterior features or appearance of the structure. (4) Limitation of the size, number of occupants, method or time of operation or extent of facilities. (S) Regulation of number, design and location of access drives or other traffic features. Finding: Applicant shall comply with all reasonable requirements imposed in this regard. Omnipoint Communications,Inc., a division of T• -Mobile= St Anne Country Club Page 5 of 22 Pages L Effect of denial. If the special permit granting authority after said hearing denies the use applied for, no further application for the some use will be entertained by the Board of Appeals for a period of two years from the date of said denial. Finding: Applicant shall comply with all reasonable requirements imposed in this regard. ARTICLE X1V Personal Wireless Service Facilities and Towers [Added 3-2-1998 by TOR 97-13j §I80-90. Purpose& The purposes of this article are to: A. Preserve the character and appearance of the community while simultaneously allowing adequate personal wireless services to be developed; B. Protect the scenic, historic, environmental and natural or man-made resources of the community, C. Provide standards and requirements for the regulation, placement, construction, monitoring, design, modification and removal of personal wireless service facilities and towers; D. Provide a procedural basis for action within a reasonable period of time for requests for authorization to place, construct, operate or modify personal wireless service facilities and towers; E. Preserve property values; F. Locate towers so that they do not have negative impacts, such as, but not limited to, visual blight, attractive nuisance, noise and falling objects, on the general safety, welfare and quality of life of the community; G. Require owners of personal wireless service facilities and towers to configure them so as to minimize and mitigate the adverse visual impact of the facilities and towers, and H. Require the clustering and camouflaging of personal wireless service facilities and towers. Finding: Applicant contends that the accompanying material substantially complies with and meets the spirit and intent of the above criteria. Omnipoint Communications, Inc., a division of T • -Motile= St.Anne Country Club Page 6 of 22 Pages §180-91. Consistency with federal law. ?leis article is intended to be consistent with the T elecommunications Act of 1996, in that: A. It does not prohibit or have the effect of prohibiting the provision of personal wireless services; B. It is not intended to be used to unreasonably discriminate among providers of functionally equivalent personal wireless services; and C It does not regulate personal wireless services on the basis of the environmental effects of radio frequency emissions to the extent that the regulated services and facilities comply with the FCC's regulations concerning such emissions Finding: Applicant contends that the accompanying material substantially complies with the requirements of the cited federal law as well as the applicable local regulation. §180-92. Definitions. For the purposes of this article, the following words and phrases shall have the meanings respectively ascribed to them by this section: ACT-- The Telecommunications Act of 1996 ADEQUATE COVERAGE — Coverage is considered to be adequate within that area surrounding a base station where the predicted or measured median field strength of the transmitted signal for at least 75% of the covered area is greater than -95 dhm. It is acceptable for there to be holes within the area of adequate coverage where the signal is less than -95 dbm, as long as the signal regains its strength to greater than -95 dbm further away from the base station. For the limited purpose of determining whether the use of a repeater is necessary or desirable, there shall be deemed not to be adequate coverage within said holes The outer boundary of the area of adequate coverage, however, is that location past which the signal does not regain a strength of greater than -95 dbm. ADEQUATE CAPACITY— Capacity is considered to be adequate if the grade of service is p.05 or better for a worst case day in a preceding month, based on the Erllang B Tables, prior to the date of application; or as measured using direct traffic measurement of the personal wireless service facility in question for existing facilities requesting major modification and where the call blocking is due to frequency contention at the antenna fs). ANTENNA — A device which is attached to a tower or other structure for transmitting and receiving electromagnetic waves. Omnipoint Communications,Inc., a division ofT. •Mobile. St.Anne Country Club Page 7 of 22 Pages BASE STATION — The primary sending and receiving site in a wireless telecommunications network CHANNEL— The segment of the radiation spectrum from an antenna which carries one signal. An antenna may radiate on many channels simultaneously. COMMUMCA770N EQUIPMENT SHELTER — A structure located at a base station designed principally to enclose equipment used in connection with personal wireless service transmissions DBM— Unit of measure of the power level of an electromagnetic signal expressed_ in decibels referenced to 1 milltwatt. EMF—Electromagnetic frequency radiation. FACILITY SITE— The location within a wireless Telecommunications Overlay District leased by one or more personal wireless service providers and upon which one or more personal wireless service facility(s) and required landscaping are bated FCC — Federal Communications Commission. The government agency responsible for regulating telecommunications in the United States. FCC 96-326 ---A report and order which sets new national standards for emissions of radio frequency emissions from FCC regulated transmitters GHZ—Ggghertz: one billion hertz GRADE OF SERVICE—A measure of the percentage of calls which are able to connect to the base station, during the busiest hour of the dory. Grade of service is expressed as a number, such as p. 05, which means that 95% of callers will connect on their first try. A lower number (p. 04) indicates a better grade of service. HERTZ — One hertz is the frequency of an electric or magnetic field which reverses polarity once each second or one cycle per second MAJOR MODIFICATION OF AN EXISTING FACILITY — Any change or proposed change in power input or output, number of antennas, change in antenna type or model, repositioning of antenna(s), change in number of channels per antenna above the maximum number approved under an existing special permit. Also any increase or proposed increase in dimensions of an existing and permitted tower or other structure designed to support personal wireless service trammissions, receiving and/or relaying antennas and/or equipment. MHZ—Megahertz: one million hertz Omnipoint Communications,Inc., a division of T• •Mobile= St.Anne Country Club Page 8 of 22 Pages MILE—A "mile"(5,280 feet) is to be measured from a point on an imaginary line which is perpendicular to the vertical line at that point. MONIYORING — The measurement, by the use of instruments in the frekt of the radiation from a site as a whole or from individual personal wireless service facilities, towers or antennas. MONITORING PROTOCOL— The testing protocol, initially the Cobbs Protocol, which is to be used to monitor the emissions from existing and new personal wireless service facilities and towers upon adoption of this article. The SPGA may, as the technology changes, require, by written regulation, the use of other testing protocols A copy of the monitoring protocol shall be on file with the Town Clerk MONOPOLE—A single self-supporting vertical pole with below grade foundations. MOUNT-- The structure or surface upon which antennas are mount&( including the following four types of mounts. A. Roof-mounted.• mounted on the roof of a building. B. Side-mounted. mounted on the side of a building. C. Ground-mounted.- mounted on the ground D. Structure-mounted.• mounted on a structure other than a building. PERSONAL WIRELESS SERVICES— Commercial mobile services, unlicensed wireless services and common carrier wireless exchange access services These services include: cellular services, personal communications services (PCS), specialized mobile radio services and paging services. PERSONAL WIRELESS SERVICE FACILITY—All equipment(excluding any repeaters) with which a personal wireless service provider broadcasts and receives the radio frequency waves which carry their services and all locations of said equipment or any part thereof. This facility may be sited on one or more towers or structures(s) owned and permitted by another owner or entity. RADIATION PROPAGA77ON STUDIES OR RADIAL PLOTS ---- Computer generated estimates of the radiation emanating from antennas or repeaters sited on a specific tower or structure. The height above mean sea level,power input and output,frequency output, type of antenna antenna gain, topography of the site and its surroundings are all taken into account to create these simulations They are the primary tool for determining whether a site will provide adequate coverage for the personal wireless service facility proposed for that site. SPECIAL PERWT GRANTING AUTHORITY (SPCA) — The Board of Appeals of the Town of Agawam shall be the SPGA for this article. Omnipoint Communications,Inc., a division of T• •Mobile St.Anne Country Club Page 9 of 22 Pages TOWER — A monopole that is designed to support personal wireless service transmission, receiving and/or relaying antennas and/or equipment. W1RECESS TELECOARd MCATTONS OVERLAY DISTRICT (WTOD) — Specific acrea(s), determined by engineering analysis to contain sites where adequate service may be provided to the Town of Agawam, which, at the same time, have the potential of reducing or mitigating negative impacts in accordance with the Overlay District as defined in this article. Finding: Applicant has incorporated the above Definitions into the below material as context necessitates. Notwithstanding, however, such use and incorporation of the Definitions is not intended to indicate that Applicant accepts the limitations imposed therein. Accordingly, Applicant reserves the right to determine independently whether existing or proposed coverage and capacity are adequate and to employ alternative metrics to determine same and to measure signal strength. §180-93. Exempted wireless telecommunications uses. A. This article specifically exempts the following wireless telecommunications facilities: (1) Police; (2)Fire, (3)Ambulance and other emergency dispatch; (4) Citizens band radio; and (5) Amateur radio equipment and towers used in accor&wce with the terms of any amateur radio service license issued by the FCC, provided that the tower is not used or licensed for any commercial purpose and the tower shall be removed upon loss or termination of said FCC license. B. No personal wireless service facility shall be considered exempt from this article for any reason whether or not said facility is proposed to share a tower or other structure with such exempt uses. Finding: Applicant does not contend that the proposed facility is exempt from the provision of this Bylaw. §180E-94. Wireless Telecommunications Overlay District(#TOD). A. Purpose. The Wireless Telecommunications Overlay District (WTTOD) is intended to protect the scenic, historic, natural and other resources of the Town of Agawam while allowing adequate personal wireless telecommunications to be developed Towers shall be located only within wireless Telecommunications Overlay Disirict(s) within the Town of Agawam by special permit. Wireless telecommunications facilities mounted on top of an existing building(roof-mounted), mounted adjacent to the side or rear of an existing building(side-mounted) or mounted to the facade of an existing building (facade-mounted) may be located within these district(s), but are also allowed in the rest of the Town by special permit. OmnipointCommunications, Inc., a division of • •Mobile St.Anne Country Club Page 10 of 22 Pages B. Description. This district includes the properties listed below. These properties are included by reason of their potential to provide technically feasible and accessible locations for the sitting of facilities which can provide adequate personal wireless telecommunications services to the Town of Agawam. The Overlay District is defined, delineated and mapped on the map entitled "Wireless Telecommunications Overlay District Map, Town of Agawam MA," which is incorporated herein by reference. Editor's Note: A copy of,said map is on,file in the office of the I own Clerk and may be examined there during regular business hours. Property Name Assessor's Map, Block and Lot ... (Non-Applicable parcels omitted)... St. Anne Golf Course FG-1-1 ... (Non Applicable parcels omitted]... C. Relation to other districts. The WTOD is an overlay district mapped over other districts. It modifies and, where there is inconsistency, supersedes the regulations of such other districts. Fxcept as so modified or superseded, the regulations of the underlying districts remain in effect. D. Applicability. Any use of lands within the WTOD for purposes of placement, construction, modification or removal of personal wireless service facilities an&or towers shall be subject to the requirements of this article. Finding: Applicant is proposing a facility to be located upon a parcel within the WTOD. §180 95. Provision of independent consultants. A. Upon submission of an application for any special permit under this article, the applicant shall pay a review fee determined by the SPGA, consisting of reasonable costs to be incurred by the SPGA for the employment of independent consultants. These consultants shall each be quaffed professionals with a record of service to municipalities in one or more of the following: (1) Telecommunications engineering; (2) Structural engineering; (3) Monitoring of electromagnetic fields;and (4) (If determined necessary by the SPGA) other relevant fields of experience as determined by the SPGA. B_ The SPGA shall select the independent consultant(s) after consultation with the Board of health and the Conservation Commission and the Department of Public Works, each of which shall propose a list of quaffed candidates Omnipoint Communications, Inc., a division of T. • .Mobile St.Anne Country Club Page 11 of 22 Pages Finding: Applicant agrees to pay a reasonable review fee pursuant to the stated regulations and Massachusetts General Laws C'MGL"} Chapter 44 §53G. §180-96. Application requirements No personal wireless service facility or tower shall be erected, constructed or installed or undergo Major Modification without first obtaining a special permit from the SPCA in accordance with the requirements set forth herein. A. Adequate coverage, adequate capacity and justification of need for personal wireless service facility and/or tower. (1) Sites in which applicant has legal or equitable interest. (a) The applicant shall provide written documentation of any facility sit (s) in Agawam and any sites in abutting towns located within eight miles of any boundary of the Town of Agawam in which it has any legal or equitable interest, whether by ownership, leasehold or otherwise. For each such facility site, it shall demonstrate with written documentation that this facility site is not already providing or does not have the potential by adjusting the site to provide adequate coverage and/or adequate capacity to the Town of Agawam. The documentation shall include,for each facility site listed: [1] The exact tower location (in longitude and latitude, to degrees, minutes, seconds); [21 Ground elevation above mean sea level at the tower location; [3] Height of tower or structure; [41 Type, manufacturer and model number of antennas; [51 Antenna gain; [6] Height of antennas on tower or structure; [7] Output frequency, [81 Number of channels; [91 Power input; and [101 Maximum power output per channel. (h) Potential adjustments to these existing facility sites, including changes in antenna type, orientation, gain, height or power output shall be specified Radial plots from each of these facility sites, as they exist, and with adjustments as above, shall be provided as part of the application. Finding: Applicant contends that the full compilation of the above-requested information is overly onerous and would not add any probative value to the accompanying application material. The total of sites Applicant has on air, in permitting, or in pre-construction phase within the stated parameter total is well over fifty. These sites include tower facilities as well as rooftop or other facilities mounted on alternative support structures_ Omnipoint Communications, Inc., a division of • -Mobile= St.Anne Country Club Page 12 of 22 Pages Due to the ambient terrain, the technology employed, and the immutable laws of physics, Applicant's radio signal can not travel a distance of eight miles. In optimum conditions the signal has a range of between two to four miles. Applicant does have five facilities either on air or in development within the town of Agawam. Radial plots included with this application material at Tab 3 show the footprint of the signal from those sites nearest to the proposed facility. The sites include leased tower facilities at Provin Mountain, Oak Ridge Country Club, on Meadow Street Extension near the Julia Bunton (South End) Bridge and off of Main Street across from Six Flags New England. The final site, recently permitted, is to be installed upon a WN1 ECO transmission tower on Cooper Street across from the high school and library. As the enclosed radial plots indicate, there is insufficient service in a relatively significant portion of town, as the majority of the described facilities are essentially on the outskirts of the municipality and the WTOD in practical effect is extremely restrictive. Without a modification of the WTOD there are several portions of town that may never receive acceptable service. There is no manner by which any enhancement of the existing facilities will provide the service to be provided by the proposed facility to the area presently underserved. (2) Sites in which applicant has no legal or equitable interest. (a) The applicant shall demonstrate with written documentation that it has examined all existing facility sites located in Agawam and any sites in abutting towns located within eight miles of any boundary of the Town of Agawam in which the applicant has no legal or equitable interest, whether by ownership, leasehold or otherwise, to determine whether the existing facility sites can be used to provide adequate coverage andlor adequate capacity to the Town of Agawam. The documentation shall include, for each existing facility site examined.• [1] Me exact tower location (in longitude and latitude, to degrees, minutes, seconds); [2] Ground elevation above mean sea level at the tower location; [3] Height of tower or structure; [4] Type, manufacturer and model number of proposed antennas; [S] Proposed antenna gain; [G] Height of proposed antennas on tower or structure; [i] Proposed output frequency,- [8] Proposed number of channels; [9] Proposed power input; and j101 Proposed maximum power output per charnel. (b) Radial plots from each of these existing facility sites, configured as documented above, shall be provided as part of the application. (3) The applicant shall demonstrate with written documentation that it has analyzed the feasibility of repeaters in conjunction with all existing facility sites listed in compliance with the sections above to provide adequate coverage and/or Qmnooint Con nsunications,Inc., a division of T ••Mob i le- St.Anne Country Club Page 13 of 22 Pages adequate capacity to the Town of Agawam. Radial plots of all repeaters considered for use in conjunction with these facility sites shall be provided as part Of the application- Finding: Applicant contends that the Proposed Finding set forth immediately above applies to the above-requested information as well. The total of sites in which Applicant has no legal interest within the stated parameter, including structure mounted facilities reaches by conservative estimate nearly one hundred. As Applicant seeks to site facilities on existing rooftops, water tanks, church steeples, and other -similar locations, theoretically that number could multiply. As set forth above, however, there is insufficient service in a relatively significant portion of town, as the majority of the described facilities are essentially on the outskirts of the municipality. There is no manner by which any enhancement of the existing facilities will provide the service to be provided by the proposed facility to the area presently underserved. Applicant does not employ repeater technology in network expansion. Notwithstanding, employing repeaters requires line-of-site ability similar to employing tower facilities. There are no structures in the designated area that would provide sufficient height and elevation. B. Required documentation for personal wireless service facility andlor tower. The applicant shall include reports prepared by one or more professional engineers, which shall demonstrate that the personal wireless service facility and tower comply with all applicable standards of the federal and state governments, more specifically: (1) Copies of all submittals and showings pertaining to: FCC licensing, environmental impact statements, FAA notice of construction or alteration, aeronautical studies and all data, assumptions and calculations relating to service coverage and power levels regardless of whether categorical exemption from routine environmental evaluation under the FCC rules is claimed Finding: See Tab 3 for applicable documentation. (2) Copies of all information submitted in compliance with requirements of Massachusetts Department of Public Health, 105 CAR? 122 Fixed Facilities Which Generate Electromagnetic Fields in the Frequency Range of 300 khz to 100 ghz and Microwave Ovens, or any revisions thereof as the Department of Public Health may, by written notice, create. Finding: See Tab 4 for applicable documentation. (3) The exact legal name, address or principal place of business and phone number of the applicant. If any applicant is not a natural person, it shall also give the state under which it was created or organized. (4) The name, title, address and phone number of the person to whom correspondence or communications in regard to the application are to be sent. Omnipoint Communications,Inc., a division of • -Mobile St.Anne Country Club Page 14 of 22 Pages Notice, orders and other papers may he served upon the person so named and such service shall be deemed to be service upon the applicant. Finding: See Plans at Tab 5_ (S) Name, address,phone number and written consent to apply for this permit of the owner of the property on which the proposed personal wireless service facility and/or tower shall be located or of the owner(s) of the tower or structure on which the proposed personal wireless service facility shall be located (6) Required plans and engineering plans, prepared stamped and signed by a professional engineer licensed to practice in Massachusetts (Note: Survey plans shall also be stamped and signed by a professional land surveyor registered in Massachusetts)Plans shall be on sheets 24 inches x 36 inched on as many sheets as necessary and at scales which are no smaller (i.e., no less precise) than listed below. Each plan sheet shall have a title block indicating the project title, sheet title, sheet number, date, revision dates, scale(s) and original seal and signature of the professional engineer and other professionals who prepared the plan. Finding: See Tab 1 and Tab 5 for applicable documentations. (7) .The applicant shall, as part of its application, provide the SPCA with the following plans and maps: (a) Proposed site plans [11 Proposed facility site layout, grading and utilities at a scale no smaller than one inch = 40 feet(1:480 or metric equivalent 1:500) showing the entire vicinity within a radius of 400 feet of the tower site, with topography drawn with minimum of contour intervals of two feet (0.6 meter) [21 Proposed tower location and any appurtenances and accessory buildings (communication equipment shelter or other). Indicate property boundaries of the Overlay District and setback distances to the base(s) of the tower and to the nearest comers of each of the appurtenant structures to those boundaries and dimensions of all proposed improvements [31 Limits of areas where vegetation is to be cleared or altered and justification for any such clearing or alteration. f4] Plans of proposed access driveway or roadway and parking area at the facility site. Include grading, drainage, traveled width. Include a cross section of the access drive indicating the width, depth of gravel,paving or surface materials Omnipoint Communications,Inc_, a division of • -Mobile-, St.Anne Country Club Page 15 of 22 Pages (b)Proposed tower and appurtenances. [1] Plans, elevations, sections and details at appropriate scales but no smaller than one inch = 10 feet f2] Two cross sections through proposed tower drawn at right angles to each other and showing the ground profile to at least 100 feet beyond the limit of clearing. Indicate proposed spot elevations at the base of the proposed tower. Dimension the proposed height of the tower above average grade at tower bare. Indicate the maximum allowable structural height of the tower after addition of any modular sections Show all proposed antennas, including their location on the tower. f31 Details of typical tower foundation, including cross sections and details Show all ground attachments, specifications for anchor bolts and other anchoring hardware. f41 Detail proposed exterior finish and camouflage of the tower. f51 Indicate relative height of the tower to the tops of surrounding trees as they presently exist. (c) Proposed communications equipment shelters. f11 Floor plans, elevations and cross sections at a scale of no smaller than 114 inch = one foot(1:48) of any proposed appurtenant structure. [2] Representative elevation views, indicating the roof,facades, doors and other exterior appearance and materials. (d) Proposed equipment plan. jl] Plans, elevations, sections and details at appropriate scales, but no smaller than one inch = ten feet. [2] Number of antennas and repeaters (if any), as well as the exact locations of all repeaters (if any) located on a map, as well as by degrees, minutes and seconds of latitude and longitude. [3] Mounting locations on tower or structure, including height above ground Omnipoint Communications, Inc., a division of T • .Mobile St.Anne Country Club Page 16 of 22 Pages T [41 Antenna type(s), manufacturer(s), model and number(s). [51 For each antenna, the antenna gain and antenna radiation pattern j61 Number of channels per antenna,projected and maximum. [71 Power input to the antenna(s). j81 Power output, in normal use and at maximum output for each antenna and all antennas as an aggregate. [9] Output frequency of the transmitter(s). Finding: See Plans at Tab 5 and RF Affidavit at Tab 3. Application requirements for roof-mounted, .ride-mounted and facade-mounted personal wireless service facilities. The use of repeaters to assure adequate coverage or to fill holes within areas of otherwise adequate coverage, while minimizing the number of required towers is permitted and encouraged (1)Applicants shall provide the following information: (a) The exact location (in longitude and latitude, to degrees, minutes and seconds), as well as by street address or pole number (if applicable); (b) Ground elevation; (c) Proposed output frequency (d) Proposed number of channels, (e) Proposed power input,- and (f) Proposed maximum power output per channel. (2) Name, address, phone number and written consent to apply for this permit of the owner of the property on which the proposed facility shall be located (3) Proposed site layout, grading and utilities at a scale no smaller than one inch 40 feet (1:480 or metric equivalent 1:500) showing the entire vicinity within a radius of 300 feet. Finding: Applicant does not employ repeater technology in network expansion. Notwithstanding, employing repeaters requires line-of-site ability similar to employing tower facilities. There are no structures in the designated area that would provide sufficient height and elevation. Omnipoint Communications,Inc., a division ofT.•Mobile•- St.Anne Country Club Page 17 of 22 Pages §180-9Z General requirements. A. If feasible, personal wireless service facilities shall be located on existing structures, including, but not limited to, buildings, water towers, existing telecommunication facilities, utility poles and towers and related facilities,provided that such installation preserves the character and integrity of those structures. Finding: Applicant has been unable to locate an existing structure of sufficient height and location that may be employed to provide service within the presently underserved area. B. Only freestanding monopoles, with associated antenna and/or panels, shall be allowed as specified in this section. Lattice-style towers and facilities requiring guy wires and/or three or more legs for support are prohibited Finding: Applicant is seeking municipal permission to construct a freestanding monopole as specified. C. If the applicant demonstrates that it is not feasible to locate on an existing structure, personal wireless services facility shall be designed so as lobe camouflaged to the greatest extent possible, including, but not limited to: use of compatible building materials and colors, screening, landscaping and placement within trees. One week prior to and one week following the public hearing, a balloon shall be put in place at the height of the proposed tower. The balloon shall be of a size and color that can be seen from every alirection for a distance of one mile. Finding: Applicant shall comply with all reasonable regulations imposed in this regard. D. A special permit shall not be granted for a tower to be built on speculation. If the applicant is not simultaneously installing a personal wireless service facility on the tower, it shall provide a copy of its existing leaaselcontract with a personal wireless service provider. Said provider shall provide all necessary data to comply with the terms of this article, as pant of the applicant's application for a personal wireless service facility and/or tower or the special permit shall not be granted Finding: See FCC license at Tab 3_ E. Tower(s) shall minimize, to the extent feasible, adverse visual impacts on the environment. The SPGA may impose reasonable conditions to ensure this result including, but not limited to, requiring the use of camouflage, painting, lighting standards and screening. Finding: Applicant is applying for a facility of the minimum height necessary for signal propagation sufficient to synthesize with Applicant's existing and proposed network. Applicant will comply with all reasonable requirements imposed in regard to camouflage, painting, lighting standards and screening. Omnipoint Communications, Inc., a division of T.•Mobile: St Anne County Club Page 18 of 22 Pages F. When a personal wireless service facility extends above the roof height of a building on which it is mountea; 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 buildings silhouette. Personal wireless service facilities which are side mounted shall blend with the existing building's architecture anc4 if over five square feet, shall be painted or shielded with material which is consistent with the design features and materials of the building. Finding: Applicant is proposing a facility including a tower, thus the above regulations are not strictly applicable. G. A vegetated buffer strip of undisturbed trees of an adequate depth to screen the facility and no less than 20 feet shall be retained as dose to the tower as possible. Finding: Applicant shall comply with all reasonable regulations imposed in this regard. H. The tower and communication equipment shelter(s) shall be completely fenced for security within a gated area no greater than 10,000 square feet, with fence height limited to six feet. Use of razor wire is not permitted (Amended 3-18-2002 by TOR 2001-7j f. There shall be no signs, except the following: a sign no greater than two square feet indicating the name of the personal wireless service facility's owner(s), and a twenty-four-hour emergency telephone number shall be posted adjacent to the entry gate. In addition, No Trespassing or other warning signs may be posted on the fence. All signs shall conform to the sign requirements of this chapter. J. New towers shall be the lesser of 190 feet; or the minimum height determined by the independent consultant(s) to provide the applicant adequate coverage from the personal wireless service facility(s)proposed for use on the tower. Side-and roof- mounted personal wireless service facilities shall not project more than I0 feet above the height of an existing building nor project more than 10 feet above the height limit of the zoning district within which the facility is located Personal wireless service facilities may he located on a building that is legally nonconforming with respect to height, provided that the facilities do not project above the existing buil&ng height. New antennas located on any of the following structures existing on the effective date of this article shall be exempt from the height restrictions of this article,provided that there is no increase in height of the existing structure as a result of the installation of a personal wireless service facility: water towers, guyed towers, lattice towers,fire towers and monopoles New antennas located on arty of the following existing structures shall be exempt from the height restriction of the article, provided that there is no more than a twenty- foot increase in the height of the existing structure as a result of the installation of a Omnipoint Cormmnications, Inc- a division of T • •Mobile St.Anne Country Club Page 19 of 22 Pages personal wireless service facility: electric transmission and distribution towers, telephone poles and similar existing utility structures. K. 1n order to ensure public safety, the minimum distance from the base of a telecommunications tower to any property line andlor street, and all buildings on the subject property occupied on a regular basis, shall be a minimum of 260 feet; or 1112 times the height of the facility/mount, including any antennas or appurtenances, whichever is greater. Such minimum distance to all publicly owned parks and playgrounds shall be at least 375 feet. As used herein, `publicly owned parks"shall not include any golf courses. Amended 3-18-2002 by TOR 2001-71 L. To the extent feasible, all network interconnections to and from the telecommunications site and all power to the site shall be installed underground At the initial construction of the access road to the site, sufficient conduit shall be laid to accommodate the maximum possible number of personal wireless service providers licensed to provide services to the Town of Agawam and surrounding areas. M Unless required by the Federal Aviation Administration, no night lighting of towers, or the personal wireless service facility is permitted, except for manually operated emergency lights for use only when operating personnel are on site. N. No tower or personal wireless service facility, with the exception of roof-mounted, side-mounted, facade-mounted or structure-mounted telecommunications facilities or repeaters, shrill be located outside of the wireless Telecommunications Overlay District(s). No tower or personal wireless ,service facility shall be located within any of the following prohibited areas: (1) Massachusetts or federally-regulated wetland (2) Massachusetts certified vernal pool. 0. A different existing structure or use on the same lot shall not preclude the construction and installation of a wireless telecommunications facility on such lot. If a tower and its equipment buildings are the sole use of the lot, the tower shall be deemed to he the principal use; otherwise, the use shall be considered accessory. (Added 3-18-2002 by TOR-2001-71 Finding: Applicant submits that the proposed facility meets or exceeds all stated requirements. See Plans at Tab 5, 180-99 Evaluation by independent consultants. A. Upon submission of a complete application for any special permit(s) under this article, the SPGA shall provide its independent consultant(s) with the full application(s)for their analysis and review. Omnipoint Communications,Inc., a division ofT • •Mobite= St.Ante Country Club Page 20 of 22 Pages B. Applicants for any special permit(s) under this article shall grant permission for the town's independent consultants) to conduct any necessary site visit(s). Finding: Applicant shall comply with all reasonable requirements imposed in this regard. §180-99 Approval criteria A. In acting on any special permit application, the SPGA shall proceed in accordance with the procedures and timelines established for special permits in this chapter. The special permit granting authority may adopt and from time to time amend rules and regulations relative to the issuance of such permits and shall file a copy of said rules and regulations in the office of the Town Clerk. B_ In addition to the findings required in this article, the SPGA shall, in consultation with the independent consultant(s), make all of the applicable findings before granting the special permit, as follows: (1) 71at the applicant is proposing to locate its personal wireless service facility or tower within a wireless Telecommunications Overlay District or other districts as provided by this article, Finding: St. Anne Golf Course is within the WTOD. (2) That the applicant is not able to use existing towers/facility sites in or around the Town of Agawam, either with or without the use of repeaters, to provide adequate coverage andlor adequate capacity to the Town of Agawam; Finding: Applicant submits there are no structures in the designated area that would provide sufficient height and elevation. (3) That the proposed personal wireless service facilityltower will not have an undue adverse impact on historic resources, scenic views, residential property values, natural or man-made resources; Finding: Applicant submits that the strategic placement of the proposed facility will not have an undue impact on the stated resources. Research has not disclosed any bistorc resources in the area and has selected an area with the WTOD that attempts to take advantage of natural topography and ambient tree cover to mitigate potential impacts. (4) That the applicant has agreed to implement all reasonable measures to mitigate the potential adverse impacts of the towers and facilities; and Finding: Applicant has selected an area with the WTOD that attempts to take advantage of natural topography and ambient tree cover to mitigate potential impacts_ QmRipointCommunications, Inc., a division of - -Mobile, St. Anne Country Club Page 21 of 22 Pages (5) That the proposal shall comply with FCC 96-326 and any and all other applicable FCC regulations regarding emissions of electromagnetic radiation and that the required monitoring program is in place and shall be paid for by the applicant. Finding: Applicant shall comply with all applicable federal, state and local regulation, including the stated FCC regulations. (6) Any decision by the SPGA to deny an application for a special permit under this article shall be in conformance with SEC. 332(47 U.SC. § 332) J(7)(B)(W), (iii) of the Act, in that it shall be in writing and supported by substantial evidence contained in a written record Finding: Applicant shall cooperate fully with the town of Agawam in seeking approval of the proposed facility and will provide all requested information and documentation, 180-100. Removal requirements. A. Any personal wireless service facility (ground-mounted or otherwise) which ceases to operate for a period of one year shall be removed "Cease to operate"is defined as not per the normal functions associated with the personal wireless service facility and its equipment on a continuous and ongoing basis for a period of one year. At the time of removal, the facility site shall be remediated such that all personal wirele&v.service facility improvements which have ceased to operate are removed If all facilities on a tower have ceased to operate, the tower shall also be removed, and the facility or repeater site, including any access road(s) which lead to that facility site from the main access roam shall be revegetated If all facility .sites have ceased to operate, the owner of the last personal wireless service facility to leave the site shall revegetate the access road in its entirety. Existing trees shall only be removed with the written permission of the SPGA and only if the SPGA determines such removal of trees to be necessary to complete the required removal of personal wireless service facility(s). R Removal performance guaranty. The applicant shall, as a condition of the special permit, post an initial cash bond in a reasonable amount determined and approved by the SPGA. This bond shall be in force to cover the costs of the remediation of any damage to the landscape which occurs during the clearing of the site and to cover the cost of the removal of the tower or facility from the site and remediation of the landscape, should the facility cease to operate. Finding: Applicant shall comply with all reasonable requirements imposed in this regard. §180-1OL Fees and insurance- Omnipoint Communications,Inc., a division of •,Mobile St.Anne Country Club Page 22 of 22 Pages Towers and personal wireless service facilities shall be insured by the owners) against damage to persons or property. The owner(s) shall provide a certificate of insurance to the Planning Board on an annual basis. For towers and facilities located on property owned by the Town of Agawam, the Town of Agawam shall be an additional named insured Finding: Applicant shall comply with all reasonable requirements imposed in this regard. §180-102 Noncompliance; violations; enforcement; attorney's fees . Upon determination that the applicant and/or owner has failed to comply with this article or is in violation of this article, and the Town of Agawam takes any action to enforce this article, bring the applicant and/or owner into compliance with this article, or to abate any violations under this article, the applicant and/or owner shall be liable and responsible to pay to the Town of Agawam all costs, expenses and reasonable attorney's fees for such action taken by the Town of Agawam. Failure to pay said costs, expenses and reasonable attorney's fees within 30 days of receipt of notice to pay the some shall be grounds for the revocation of any special permit issued in accordance with this article. Finding: Applicant shall comply with all reasonable requirements unposed in this regard. SUMMARY AND CONCLUSION Applicant contends that the accompanying material constitute a complete application for a personal wireless facility including a tower and that the proposed facility is an appropriate and permissible use pursuant to the applicable regulations_ Omnipoint Communications, Inc., a division of • • - -Mobile-- Project Narrative Description Locus: The subject site will function as a wireless telephone communications site within a local, regional and national communications system. This system operates under license from the Federal government, specifically the Federal Communications Commission(FCC), and is mandated to provide service to the general public to operate, in effect, as a public communications utility. In summary, this proposed installation would consist of the construction of a 150-foot tall monopole tower with antenna arrays mounted thereto and placing three (3) associated electronic equipment cabinets - known as BTS units -within a compound at the base of the tower. If approved, the facility will be engineered and constructed to allow co-location by other carriers. The facility is to be located at the property known as St. Anne Country Club at 781 Shoemaker Lane in Agawam. PROPOSED FACILITY: T , -Mobile- is proposing to construct a tower with an array of panel antennas affixed at the 150-foot level' along with computer equipment to be placed within the fenced compound and spare for other cm- iers_ The accompanying plans included with this application material provide detail of the location of the proposed tower, antennae and computer equipment. BTS UNIT: T • -Mobile 's three (3) radio control cabinets will be located 'inside the fenced-in area near the base of the monopole. The approximate dimensions of the BTS unit are eighty-three (83) inches tall, fifty-two (52) inches wide and twenty-eight (28) inches deep. Telephone and electric connections will be made from the BTS units to utilities that will be brought to the site from the existing facilities_ Sl1TE FEATuREs: The proposed T • .Mobile= installation will not produce any noise or hazardous waste. The facility is unoccupied and will be visited only once a month for the first six months by a technician. Maintenance visits after the initial six months of operation are intermittent. There will be no change in circulation patterns within the surrounding area and the proposed T• -Mobile facility will not impact pedestrians. The "rad center" or centerline of the antennae is proposed to be located at the 147' level. The 72" antennae will extend appromiately 3 feet above and below the rad center. Therefore the top of the monopole and the antennae will be at approximately 150' AGL(above ground level). OWPOINT COMMUNICATIONS,Ixc.,ADMSIONOF T• Mubile. PROJECT NARRATFVE DEscxurnON ST.ANNE COUNTRYCrve PAm 2 of 2 NaEs The proposed use of the site as a wireless telephone communications site will not create sufficient demand for the addition of new parking spaces since site visits, as noted, will be infrequent. Neither land nor water resources are affected by this construction. No effluent or emissions occur as a result of the cabinet and antenna equipment installation and operation. Air quality is likewise unaffected. The transmission of radio waves will not disturb other radio transmission or reception devices,as regulated by the FCC. - The T•-Mobile installation does not require sewer, water, drainage or other utilities save for electric and telephone service. The communications installation will not burden municipal services such as police, fire or the school system. T•.Mobile= personnel at regional switching stations will monitor the BTS equipment cabinet for malfunction or tampering. AFFIDAVIT OF SCOTT HEFFERNAN , RADIO FREQUENCY EXPERT 1, Scott Heffernan, being first duly sworn, hereby state the following in support of the need for T-Mobile Wireless to locate an antenna array on the proposed telecommunications facility with necessary accessory equipment on the site within the proposed fenced compound (the "Project") as proposed by T-Mobile, located at 781 Shoemaker Lane, Agawam, MA (the "Site"). The facility will include constructing a proposed 150'monopole and installing antennas at a height of 147 feet above ground level. The installation will also include related Base Station (BTS)and telco equipment within the prescribed compound area. t. I am a Radio Frequency Engineer employed by T-Mobile. I am responsible for radio frequency engineering,design and optimization in Massachusetts. 2. T-Mobile is a communications venture committed to providing wireless personal communications services (PCS) using Global System Mobile Communications (GSM) technology. GSM technology is a new generation of wireless service that uses digital transmission to improve the services available. 3. In order to meet its obligations under the radio license T-Mobile purchased at auction from the Federal Communications Commission (FCC), T-Mobile must have in place a system of "cell sites" to serve portable wireless communication handsets and mobile telephones. These cell sites 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. The antenna feeds the radio signal received from mobile receivers (such as telephones) to equipment located in the cabinet and to ordinary phone lines from which the transmission may be routed anywhere in the world. 4. Cell sites are a vital and necessary part of the infrastructure in T-Mobile's network, To maintain effective,uninterrupted service to a mobile device user in a given area,there must be a continuous interconnected series of cell sites that overlap slightly in a grid pattern. Additionally, each cell site must be located within a limited area so that it can adequately interact with all surrounding cell sites and, thereby, provide reliable coverage throughout the cell. 5. In compliance with the requirements of the FCC license, T-Mobile is actively building its PCS network to provide coverage throughout Massachusetts. In order to meet its responsibility of providing seamless, uninterrupted service, T-Mobile must continue to acquire interest in sites for additional facilities, and is applying for and obtaining local governmental zoning approvals to construct the sites in order to eliminate gaps in service coverage. Any delays severely curtail T-Mobile's ability to satisfy both mandated time requirements, and to achieve a market position that will allow it to compete for customers with other similar companies also issued licenses to operate in this area. 6. Using precise computer prediction models,a wireless transmission facility at 781 Shoemaker Lane would facilitate PCS communications within the local area along Route 57, Route 187 Shoemaker Lane, Silver Street and surrounding areas of Agawam.Other characteristics which combine to create a unique radio frequency site are the topography, an unobstructed line of site, and location; i.e., within the narrow search area specified by T-Mobile's service area computer model, which crake it especially suitable for T-Mobile 's wireless telecommunications facility. 7. in cry professional opinion,without a wireless transmission facility located at or very near the site, this area of Agawam would not meet T-Mobile's minimum coverage threshold level, resulting in a_substantial gap in T-Mobile's wireless PCS coverage.This gap would adversely impact the service T-Mobile is able to provide the residents of Agawam, as well as drivers on Route 57, Route 187 Shoemaker Lane, Silver Street and surrounding areas of Agawam. The result of such a gap would be degraded signal levels resulting in unreliable service and dropped calls. Additionally, subscribers within this area of degraded service would not reliably be able to place standard calls, utilize data networks or access emergency services ( ie. 911 calls). Customers would be required to relocate to an area of reliable service level to again be able to utilize the T-Mobile network. 8. The Radio frequency exposure levels generated by the proposed facility are substantially below the applicable health and safety standards established by the Federal Communications Commission (hereinafter "FCC") and the Massachusetts Department of Public Health (hereinafter"DPIT). 9. The proposed wireless communications equipment will be installed, erected, maintained and used in compliance with all applicable Federal, State and Iocal 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), Massachusetts Aeronautics Commission and the Massachusetts Department of Public Health. Ali equipment proposed is authorized per the FCC Guidelines for Evaluating the Environmental Effects of Radio Frequency Radiation. 10_ Based upon the best radio frequency technology available to T-Mobile at this time, it is my professional opinion that the proposed project is at the minimum height needed to ensure adequate PCS service to area residents and business in accordance with system specifications. Executed this 12ffi day of September,2006. Scott Heffernan Radio Frequency Engineer T-Mobile Wireless L . •,• 11/ 1 " v 0040, Lis 14 &6r. w: ti 'sari{ ON Ito �_ , � � * • � ` •ter - IF . �r. . • {4 =.. ■ ,4 r► ' h IL Ma ,�fU MA14 ,,,, �� t die L \`�• �� . All IP � e r` �Alftlf • - � � j/ , �� fir ': • \, � //,4►.._., "'+• it = it • _ ` _ .� .. • •� fill 1. op ML TIM It • #11tr but 1 Its .. ' L•1 IL � '•-mil '_-=_ � Federal Communlcatlons Commission Page 1. of 2 Wireless Telecommunications-Bureau. Radio Station Authorization UCENSI:E NAME; T-Mobile License LLC . FCC 9091strcifion Nutnber fRN) CAN MENSER OW1565449 T-MOBILE LICENSE LLC i 2920 SE 38 i H ST. Gaff Sign F1fa Nuor BELLEVUV Ire 98006- WpQJ846 0o045844i6 R'Mdlo SSr&* CW - Pc5 i roadband Grant bate Etfeat 6 Data. Expiration Aata Print Data 08-30-1999 01-03-2006 O$-30-2009 04725r2006 Market Humber Channel 93ock Sub-Market Designator -RTA-427 C. 0 - Market No Springfield-tbl.Yoke, Mlt , 1st build-PutDme 4th Bund-out Date .06e-30-2004 06-30-2009 SPECIAL CONDITIONS OR WAIVERSfCONDITIONS This authorization is subject to the condition that, in the event that systems using the same_ frequencies as granted tiara tn are authorized in An adjacent foreign territory (Canada/United States). future coordination of any bese.station transMitters Mtithin 72-Km (45 miles) of the United States/Canada border shall be reiji.tired to eliminate any-h.armfu.I interference to operations in the ; adjacent foraian territory and- 'to.ansuro'continuanaa of equal,access to the frequencies by.;both .countries. .. ('Special conditions or waivers/Conditions" contiruaed .on next page ..,) COrld'ifiptli: -' -' - Pursuard to Section 309(h).of the Communications Act of 1934,Qs arnencled, 47 O.S.C.Section 304(h).this&c rose is subject to the:tatbwtng.eenditions:This license:hail nol vest in the ik:gn1Vv any right io operate the station nor ony right in the use ct the frequencles designated in The license beyond the term thereof nor In.any otier nmMer than aulhodzod herein. Neither the Wense nor the right granters thereunder 0ml<be assigned or otherwise trandoned in violation of the Communicerlons Act of (tee 1434.as amended. Sea 47 iI.S.C..Soctioll 310(d). This license:b subioct in tormt to the right of use or coat of eonferred by as-amendect. Spe 4Z V.&P,Seaton 6M To view the geographic areos associated:with the kense,go to the Universal l.lcenstrig.Syst m(U S)home' po.ge at htlp:Ilwir+eleas.#ec.gov/ula and seleet'13c4nso Searett'. 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ALL IMOf11CR0U0 tlRIT'Y P A11110N 1TAB OE7t7ti1fD OM OR Os s CDR RT#EE InoA1 FWM �AM EMMING PW6 OF RM01a DO NOT SCALE DRAWINGS TAE cDw11Ri m SITYL ELTOAIE ALL UI oLRO UIRIIES N A TIE CONTWOM SHALL PROWE A f1M.L SET OF TEE FW ANON m ANY ffiE BANL CALL"fm.L NC FM COIKARECTIW DOCLREIR4 At TEE SRE DP9AEW WN RE ALL P1E-0priBR MOO NMVVWON 72-HOM FNM M ANY ODN1PaLW SELN.L YELFY ALL PLANS AND E745W O WENF me laDE»XM OR CLQ* "Dm O rA W N A WW..W,SAFE STMW OK t�ERL fa YIk �] Q 1TRE SHEET FOR 1W WE BY ALL PERSONNEL NMOWWFB W1I E-ENf-3H-TD3 CF L BERINE IVU W 0*1-e0"n-4156 08Eff5i SAID 111Q{S dl DE�09 511E AND 9W_l. �� w� lJ I Jo 7 TIME M'AW&T BBEbtIWELY NM RE PRWEL7 M1ER'S MIATFFE IN MOW (} OF WSMO LM BOWE 4ROCEMM VFM TEE NORM OR BE RESPOM6LE FOR SALE �r�+ �Aj 1,L�W M�FA��ry}f •.Jr+➢I�•`*\}�•M+T]lJY'Y7R�1'`M'IvA�Y 9W PI NU T— 1 mW WORM 44F- ... - - - GENERAL.SURVEY NOTES papRrrAmq r4 - L VX GE AL SNOW AN NO 5UMT L4 Ak=ON Fl;I,D OALt DfY2�W S G 4kmu W&W- i mA rtRtRRtr- ` SFJ'TFA/61�R 4 2DOat 7fiS SLiRVEY A PIEFARm ft CONFUNMW IRRr PC LANk�A9 WA y7 / /- � SOMM711 9= r DATA AOamA001�D� OCCUl1F1FIS Ann a Iwr.A7 BE CCAAi*Is o As r W C BEINUM AS A M t TE fiLD 7W4 sfnlAiErw rr su +c.�k►Is 91a�r�u�utace AS AN tih aas 0 i°u . earlrlPARr R FOWATM S GUI+>90 FWW AI:DOW77 DOGIaRNM AND X AW Tip W ra ocxfslRt/fp AS ruwia MW DBURIm AS O T OF A MO sOtrADARr SUl1lY, AND 5 sys,Fcf 7D D1tAMtlE AS AN AuxFATC 7E AleiD sr>tNWr rur ACgOLOSt +� s TW PURPOSE OF 14M PPOEY13 TO AWPCW 7W LEsIAN AND CYYV4IriH.ALW CF A C" a MEOMO.l1fCADW FAWN.LGE OF]ills SAitEr BY AK WE CRON VM 4 WOW '�rar/��Z�ro f, 4e�/Jf/I aw OEM w wx FAWN is SM?Wrs Slr[4CF.7M ANY PUMPOW p"ml NOT R'El;AIED To rwlaai Aio iObtlu. S PIIEPEarr t14E3 AND BiOGrtiiR1'nrFAmons analWr av urrs 3LR4EI'ARC sAAD W4ON"ptptp . ON A CM11AIW OF AMM pLMa ANn DEM AND IS NOr#(?VOW 70 fp37 S�4a + AandFs eT D&Vtuw POU4OW LOOM ew 9E Um FAR off PLIES aK CDMEYAMM PRUMM7r A7AIFD ip`OI>lI "ON HAs MOT BEFH COrtFralrn ay F7lu VArWY>a OM C[W W9D W WE BARS 4V OF HE$f1 WK D ASSESSW9 OF PaWiR DOMMC ARE MMW YAWY ms Nor 8mv C>#011m Br coax a oxwrt7hn Mr. i RJ.TailAR 4• HC B+RO Wff LAR 3 WWA ON RL4 PLAN ARE 7W UWX!lEtwM p05M ■+ Atom a sr I R f RI TErI 7S ORND Mn AKAW �WW M* CF Am m Ff I srs L7WM OS1t 02W OR FOR Wr WAYS ARE D OW d PANrARY 6E00ERC SOR9EY lCOMWX WL45 FS'rAa3LIWED Fi=AN W Wr 4RQ" suRWer trsiro THE GLOBAL P0671fO lO 57SfEY(mv OR E Iz ZWL BE HoFjZ 7 m BIf D BA7t1I is 7HE NAD Bsmm W DIE w 601 pc A rX-Z o"FARM EUJPSM 7NE OW OOpU1NA��/AltARE R#MDAw �GK'TWA AA 7iS SLAW RAW rSiI70A09 rr(tll V 46�1�ERlMAL ar�RIhK bEWW&AND NOROMIX MEEl5 1W SFAACUP=IWO R*AN FAA 20 CJ;RAFIDOW(M.*NA9M=NTAL AW IV&1fRDCA.'t F RW=W A"A PARCE#.A7 of AI I I AS ArOWr W RAT TOW OF ACAWNI p OMQUPiac LNFEIf uom sisw to 7. I11E PIEMff AREA B L0CAM Ot ROOD=W V(AREA W WWAL iiDWX* - na a w ~ OPMEL n(irBE}t 2MA7 DAW IX 1I0WH AQAWYSIf.MOWN APMAS 0. WE I.00LL4 PAROE'C AS MOM NF tM pi L=M H IM T01WI Of A09 MW ZMM OfS Wr AAfWCLI W A4 OEIM W 0K 700 OF A01t11111/20II W KV • DATED At100$r 1957 AND DF7x7[M 9Z IM 711E LOLLS PAR&12 AM LMEJf M W INN ME WL KUW -Coln PMAr LrV= . s AS PER ALE MW OF AGaIMW MV9t4MW l*QWG7M SMW WOW ARC NO WAS% . }� WOLAI=W1RW aE DIt=YM "WIPE PRCPc4FED WMX LDC WL - rtr. H►AL L7vaLDOt' IID urlinl'w"lAaox SIAS DE7aBfrlm f7iC+Y&l1RFAL£ StMM10AUMS AW L7a9 W FLANS DF REE'=JW CrkpRACIOR"a LMIE ALL . MOUR R0 W]]DUNES Of RIB MO F"TO AW WX W XX NU THE Fa7LLaM f AM fW-00wsRI(I�;AON N4uFI 4DW TF-HOURS PEiOR 70 Nff E WAYARW on SAFE sn-of NA,Lc m*AC S4k t�-Jd4-7773 CAM swow 7nu AV((:Tk I-wo--a=-445 AA AppirAA7. H aAWr C0LQK16CItZ=Wt rs ON VIM wur,S&Z s a DWAM Waft VA artli6 P�JaC[HQ Tr-347a f"A* pROPIRIr ONNM St AW-S CoUfM CM PARMI S fl 7M NX E71APOt LW a><x.sari' a 4" ACASM UA 07o07 CRAIIN B7' tm/m My r LD=DM AtfOlfJd�. OW BOOK IM7,PAX 4N /1rFG6m ruYpl LDW1aR E-�mclz><- PlAH RSWW� AN H BOOK I4A PAGE o f �1:JRAsC� "it 42urwr t BO ames Oi►t ylA{ MJW BDOit Me.l'fAtlCE♦SS ALAN OK 2W PAW X �• r� - em PEAK NoW 31 PAW AST SUBMITTALS ��DNXMr t •'°• � rlllrrs 4L a r%mmr a arm . r � pr70a Nr7A�_yR / } Y 'A 6 /ll�Et DltB17 jr 7itS noaaRlr G�alpxat iRIaL ""VW emmmomom W-Aff OR la wolm4mm . w mumw /4 N ACOM Ia IW RWOM or LEGEND ,' , No.41&12 ioAttWAW �y RRE'1+71N tl tI Irw1Y"ma m 40 p �� -tacuW�.r.c o -n�Rllfl p tfi 4SH-{}223-H --•» •— -Armor rArom ur —�r�• -OiR! IFF-ff• •7ElIID RAROWAII A 19 A juqmm �y�l- - pass -WAM pemaoR WK pm + "o r d b CoLpm CLUB 7E1 9[ffJrM LAZE IH - -awl WK war -MAW MA 0lOJQ w w r ti -DM WK -nm rw - �� O -i1rM A[IEgO M -aft w pambi ! r -cmcpm saw tam ram.70MI06{ lt4t SIZE SUkYEY PI/W � + -WAY& /AB®!f[ -i101 RI lard SUf7Tc`i I P SI t WNNEAO A� Lp _®Oc di i9119Ba1! _ +A.A.AA-A� -WU WW -Ir1010�1 SCALL I-40' G'1 -moo[ 9D _ „ 7N PASTED omm I= O -mt Wmw ApK alioaia uoa gut i s* 48 A M Marwtra � -varrr fats wlRl uart a o -aalerPar< ty C-- Iq d IN x ;C O L___j L____j I ul L__j I I fill NIA y s . d log 4lit M y All Jul 1 F tiw f fi F t I IIF 1 I i � rl u __. ....... .._.... Li t INEy��47t�AMf AxE;e`''"'E MajCWAYj GENERAL NOTES A .I '�• T. W. THE TTPE.06fi7N90NS,MOUNTING HARDWARE.AN POMK*m OF ALL PROJECT OMRNER'S 4 PER FCC MANDATE.ENHANCED(DTI)SERVICE i5 fEvu� �FXL E TO IEEE NAUONWDE 7-�1 AIF RK WIE a EQUPMT ARE SHOW INILLUSTRATW FASHION. THESE DRANNCS ARE NOT INTENDED STANDARDS FOR WFEiM COWW0ICATOMM SVS[E),IS-PROJECT ONNEWS 2SUMENTATION N FOR CQIiS'IRL)C7IOIE. ACTUAL HARDWARE IS DETA AND FINAL LOCATIONS MAY DIFFER REEODN DEPLOYMENT ES OF E1TtKPMEN NI T NO AUOL45 GLIWIALLY DEPICTED ON THIS PLAN, ® OFIY-- 7�1am SLMMY FROM WTAT IS SHQMNJ ATTACHED TO OR:MOUNTED W CLOSE PRaIIUFIY TO THE TITS RADIO CABINETS, PROJECT FAM { OWNER EVES THE RIGHT TO MAKE REASONABLE MODIFICATIONS TO ES1T ECUt�MENT Z Tf£PRo�ECT OMItER'S PCS FAlS3TT'IS AIN UNYA .4 PRIMATE AND CLRM AND LOCATION AS TECHNOLOGY EVOLVES TO MEET FEDERALLY MANDATED ACCURACY WILY T CE 2-�� LAM ETJILPMFTNT INSTALLATHDN. FT IS ONLY ACCESSED BY TRAINED TEC7NCUNs FOR PERODLC SPECIFICATIONS Cl �47p LEGEND COOTIE MAINTENANCE AND THEREFORE DOES NOT REQUIRE ANY WATER OR SANITARY 1� �-�— DsM , \ SEVIER SERVICE THE FACILITY tS NOT GOVEW D BY REGULATIONS REWRNQ PUBLiC 7.PERMANENT STANDBY EMERGENCY P011EA M1 NOT BE UTX.QED BY PROJECT O7Mta7L IF \ 4,� ACCESS PER ADA REOUIREME7NM NECESSMY.DURING AN WENDED POTTER OUTAGE•A PORTABLE EMERMICY GENERATOR won FkWom T3E awlAel \ q..b �r V L BE USED TO PROVIDE TEMPMARY E]IERGENCY BACKLIP POWER. THERE ES NO OH-ATE 1 THE PRoxcr OMTIER'S BASE TRANSMISSION STATION(TITS)CA&fET IS A 11EATHER BRAKE STMVE OF FLAMMABLE OR COWBUSiIEIE FUELS RW OPERATING AN EHETRCENCF � IL RESISTANT,VANDAL.RESISTANT STEEL CABINET COHTA94Q RECTIFIERS. A1PtFIERS. OEMERATOR FOR THE PROJECT OWHIMS EQLXP EHT. ADRM f%MIMW UK \ , Jr1'i% RADIOS,AM OTHER INTEGRATED ELECTRONIC CWTROL EgEP1E]NT. THE TITS IS CCX.ANTM13 -EA7L7E7NT HrLE ENVIRONMENTALLY M U-N0 �SAL COMP OR S.MAAK HEATING AM AACCORDANCE VATd THEARKM AND ERRECOMMEIENDA OF 1HE�p OF IF AN��ACESAFETTYY T%U BEANT ANOE D �s Ar Im>ter MA A COWMA p , , SVFOFIGISOIS INDICATE THAT AT FULL LOAD DONOIMM MAIOMUM ACOUSTICAL MOM Wt USET ALL DESIRE 9ADEMES N FM AC 70//'77460-TILL IF DAYTIME FM QRSrA TION B6 bobom Ron/ E�VELS ARE 50DH(A)AT A DISTANCE OF 13 FEET AND 40 A)AT A DISTANCE OF 46 MARlQHN SED.C IS U PANT ANTENNAS.MOUNTING RARDWAW-AND ET D VMCAL CABLE ( 0�1010 —�BP -MbIaR \ w'I t umm FEET.BATTERY HAtlNP FOR ENIERGENCY STANDBY POWER IS CONTAINED W TH IN 1HE RUNS TU MATCH ETasTM ITMIEEE BAcKok om PATTERN(AVIATION amNIE OR MMETEI- ---o— -OMrl LIW ROAR \ To Ra1M SEALED BTS CABINET AND CONSISTS OF EIGHT T2-VOLT,CLOSED-CELL OC BATTERIES PLUS _TINE tilt TO � am A SEPARATE BATTERY DA1.T(UP UNIT WITH SMTEEN BATTERIES(SITE TOTAL OF 40 a.THE TOTAL IMPACT AREA OF THE DISTURBED CONSIRLIC11 N SITE IS HOUNDED BY THE BATTERIES)- THE BATTERIES ARE LEAD-ACD RECNUREAB E STANDBY NDUSMAL POTTER "LAST OF WOW AS SHIOMM HEREON.THE MAUMRH AREA OF DISTURBANCE WIM THE o e • -MF6m o m Aaa�LA��r , Co 5 ►ANUFACTINNED TO MEET ENYJtDNMMTAL DUMrtY AND AIWIMESS STANDARDS UN4T OF WOW IS APPROMAIMY*MOW SQUARE FEET. THE PROAZT IMPACT AREA HS ! Ten- ,c^�K ROr \\ OF THEE r77EFINA710NAL AIR TRANSPORT A590GA7WN(IOTA) THE:BATTERY CHARGING MM 1Kff 00IFTIOH"EST O OF 4Xs60 SOUARL FEET N 40 CFR PARTS S. 122-124, -Faat q PAVmL7 TWIdM'(Mj nwVc SYSTEM IS COMPUTER-CWTROLLFD AND THE EQUIPMENT CABNET IS REMOTELY MONITORED AND 11IE28 W IS NOT SUBJECT TO EikTiU.ATION LENDER THE CPA OR SLATE-WMAOED -1RAMRa pwim EMc , � AT PROJECT OWNER'S NETWORK WM706 OWIIROL CEITTER 24-HOURS A DAY.7 DAIS WgWS 6EIIERA_W=TUCTTON PIERWF PROGRAIA. TINE PROJECT OWNER'S GENERAL —INIr�— -OIHQiFJIa rE \ A WfF]]C FOR FAULTS AND ALARMS. CONTRACTOR SHALL CONDUCT AL SITE DEVELOPMW WORK I"A MANNER THAT DOES k kA.A-kA.A A -7Iff LSK sG AR %m�u17RY cIAIs \\� 4.THE DESIGN OF THE TOMiE3L FOUNDATION AND ANTENNA MOUNTING HARDWARE MOLL MEET O MUM ��CTSMALL CONDUCM ON T CONSIRVGI_LACTIMA 'S 4 THE ACT Q'� Y p A-A _gy m» \ ` THIE�AHSf A/71A-222-G SFADMn"FOR STRUCTURAL STEEL MIOYIA SUPPORTING IHIIHTI'ER THAT DOE'S NOT RE51I1.T MANE SYs7E71.WEILAHD, AN ADVEM WATER TARDY.OR IMPACT 43 MMPAM o la 1 I AND STATE R31KDW CODE REQUIROM1S DErM,ED CONSIRUCTgN ON ANY STORM WATER COL EC110N ® _som MOMMIE Ap"_ ` 10t , , mATINcs AND STRUCTURAL CALCULATIONS TALL TE PREPARED BY A REGMTERED DOTER WATF3t RESOURCE AREILS _ cm rAmm Is mm 1NE immu s \ PROFESSIONAL D mINEM AND SUBMITTED VIEW A BUI OW PMMT APPLKATM FOR uavt•N AT3s um IAaTr CAb LOW&AION QWNAY VW WO \ \ REVIEW AND APPROVAL BY THE LOCAL BUIBNG O CODE ENFORCEMENT OFFKM _ 89 diCf ) w -unTTr ra t THE FAC(JTY BECLMNES FILLY OPFRAITONAL,NORMALAN AND ROUTINE MTEINANCE GTU,DAM \ BY PROJECT OWEII'3 TEgiWCL4N5 WILL BE PEITFORMW ON A MONTHLY BASS. Tmatmow- 6 -WETT MAWLE , \ THE ESTQMTEU►vccLE TRH GENERATION RATE IS 2 TRIPS PF)t MONTH. TINE AVE.RAjX G\� -SGI \ , DAILY TRIP GENERATION RATE(ADT)IS 0.07. L(F �, ':• _Imm mm 1\ 1 APPUCMT. W OM N?ONT CONWUNICA7ftS,NC ZONING SUMMARY TABLE -"it pw IESSEEAK:NSEE TS COMMERCE WAY, MITE B tw -YATTIt umLAWNt PROJECT OWNM NORWK MA 027M APP107YAES MYRRAAR \ * E3 OuHWOKT OOWU%CATION%INC. ASHES DISTRICT PA AORICI1LTIlR£(WCTf1FS5 TFIECDYMEJNtPJJ110H OVt:R1AY T715TREGT) woom - POI. (P)V SOIL'S REJESS 10fCO F6 1 7 FLW b, 100 FILLET STREET OOMF43A C7 06002 (Y)USE: MERf].E55 COIIMUHK'.AIIDN FACILITY ® _ .oIw \ ANTENNA ORIENTATION KEY � EILM e" REQUIRED PROVIDED It • _ 1 19 MONOPOLE am m fww � MONOPOLEE-HEIGHT(A(AGOOJ Sd �� EME OF►AEHEFT \ \ MONOPOLE-OCCUPIED BLDG ON PREY 260• 39.Y Rf. (P) -PLapmta ` SECTOR O SEC"A MONOPOLE-FRONT YARD 2W 661.W ZOG D(E) - ETING \ r 30D. 40' ERI (Rap -MOW L3lQAO Uo¢ MONOPOLE--SIDE YARD 2FA' 260.6' (�+� H1sTaucltoN MONOPOLE-REM YARD 2w 129 s FACILITY-FRONT YA D Tao" 626.Y A/ SECTOR B ' 15M FACtTTY-SINE YARD is' 23SB' 1t Fy 12 7 L \ iAC0.7Y-REAR YARD a5' 72706' PRQ,EGT NR 17-347D 04 04 FK TAB F• I7 3 N Ft 23 LI xfi \ n f 3 DRAM9LM1 u rYk � EN 21 ., e� quipc (SEOCED BY: 1FJ � W m i 3 Fpumm T>M 4 031 \ SUBMMAf.S El 2 6 ifir RIM Ik'�, fl - \ ♦ \ Baw"KaTIm THE aWATIOK N or LM 2■ 1N q S \ ♦ \ ampo Tr W eafisum1m.MC.. ARY Ps,M L� ♦ \ mm ammaS sumax PROFIED. « \ \ MvUOIROIE no uw by ame"a RF 40 Lam, ` \ \ �. ACHIM FIB.BE FUWDSE3 OF a 113 jig wem 6 RY AMM1m15HRATNE FIM:IE71aS . , B sFe>Fw.Allx AUtlRFL. TILE MNE5 cmbm tl]m � f,Jp \ ♦ I i R 1 6 K m I.�LMIE ♦ ♦ J f!1 4SH-0223—H Icrt7V AAµ ST. ANNCLUB OUt�tRTY � (�UMMF�w7Ldf o,eTeaY TKa4k'TI � � ��t Rs'M`� LL , 1 f 2- .�T CK RI 01 LEAU AA ca 1 a ; , T PLw¢TY a�alMOl 781 9 KEMN B WE FEMW HILS,MA 01= \ ] tax 1 e4 1,a \� PAVED P i(ENG PU4H'!S h NOTES 0'1 b/o uTW7Trs *Id vruff ram PLOT PLAN s - a� SITE PLAN SCALE: C-5W-cr Z-t SCALE I'_W-D' 2-7 L 01HApNrc SCAI.L FEET GRAPHIC 9GV,k'. FEET 7 600 :E'�0 D t000 m 4o e0 40 C ice! Km °"as'm c"�* powow oa.uleAmm m SM CW AM0111A - IO'-0' A CLOD StarAl{F t5 W041 CE My.sm■ r ossala t av W re Y T DINE WWwWWlr CIaIMM 91 W WT. a eel ws keom eWncaorex /� WPEtit«FIC,I tf— 0 ��-� rM.4'. °� ' ,x FAX Axel S•w. • • `.:::...�'. FYN/MSC@@ ,� ` ��iw�.:.�.`�•i::l:.�iiSHN��4 i.aNH N COLIER Q +. ,r MA%U Wau nr mvAeati To Will Ca.AI~IT�I ID i< y. •.WOIW M WIrIfIW W+FR� O�A,IWIa1Tf 1711Iow spawAspawAl IR fa f Y ! pT A MZ D Wl OKMO IOW IMIWAT APO INVOW nW i FW,WW MAIO ;. C,YIWIL'F/JO 1MWW ~ Jk�.2eL lq iiJ--OIUO ANTENNA DETAILS , GRAVEL DRIVE DETAIL 3 , `�- �Ix ri . E30LLARp DETAIL : �`JC M . � M,. i BC♦1F; Ia z-wY +u.E=1li Z-= � y� r �• TAW 11KIDIP CAMWET �- wa OF up ap(( IICIICR�t* S10m WF� rvM X• N'II W 7WI'r t SI'D a �i� rwa rw,aWUW w• a a "°'aI/ou mtcWElc m O KELLY �cGf+ Wow.3m.tan rn T "`ID""' aae>R� 6 � a Him BTS EQUIPMENT � cn CABINET DETAILS 389 fMi'at•Wy aCllFaa z..= .O [Le ,a 1-4m Al ITawI �t wI.>.aw wWaDanl+s ram' �ra� WE nWOF� S AMIt1F7FI1,IIOlaFlen Walorqu , p ter70 ) (TIP.OW� APPROVALS FLJWT WM AY 1W CIMM OUTAL OF!! CnADUMM)AT IK w«F MOM f ,DWD AM W[AVAWffi I'url&L �& KtPA"LA 1 u JAKIT8m _ I FRSfY: yR,CN peg w7I rY� I I run DNX RwaAI TOi RF. I I IW},iWP W Wllt toom CA WAX W AT AND I m oa �� ZfiNWG Womm Li 1 � vw STA OW qT I 1 TV Itr WLJ NI fAYIflIY 1� SECTM R CJW.fr om Cry AA ! , IIw11WFl0lE I FlEi:ASY 024,t3' 1 FM 1 "" PLANTING DETAIL ANT a %� PLAN f I , 'V 1 T6 "'-""UNDOSTPL-c n aca+e:rn scwcr IIIaENNA 4 M&CT talk 17-34X ! r --- -- _or 1P ---, ego Ry- Y r ttPFM i E911 GPS/GSM 3 BY-. mWffi»ANTENNA MOUNT scA krs Z_x Woe w.cT SUBMITTALS ENLARGED EQUIPMENT �b .ir n Dew f PLAN a WAS lr tWoe� � IffL�eltt�n4fF �,�, u stV1iIY W TIIW R IIOa WWCIUt A 1'WS Alm ..w....•w. _ ............ T C f{ 116 OOOIAE}Q S S$JO�I D�CI� RP K AVERAGE , jw I W� SF7 8M CAW*IE �W[E1Tp{M�1O�MNQT �'FAY ,• ,' ,•� pry M, ka pO�BOY MaI CDPplgp9l WNalf OF m1OE1C .:'.'.• I i ammm OIRSAIR7 m q= fl�R.SS W101RIB11OF lWb WNW S'mm a=sw Fa"Im 03•��CwF.Cf •••+s+�•_ •'•• ••tsr a,w agar urn .Y•• K O USE N. CaS IQ RMS Or rt SiDRJI d' ¢} ■,x11iYIWea �I!�S/h.I sn=M C I EXNINFIS F,tlN l Waicrm Apr.o w umuff NE N am �' NaVE1aaY a1nFwFEacowfilm MM MdMAf WaY r mm 1 '� �a Y L B 9�1PMLT W� wqCIENS �A SRA18 ` ow .—I MAR aw=k c eWEr' a.r' 4SH-0223-H {y w.cE u.nY /--� �°° a, F i TO Pullic am ,ter ONAMM ( w11L1pam ST. MNE'S '�'�"'W0 _ COUNTRY CLUB I"FK cmorr 'IWL00 tsa.oc oF`� / • h ,o i "IcHat Amy$W t_ s 7e1 StiO©1AI t Lve 11'1N VW.)� F�1G Nli3v IL1 r Itm FOKE w-er �tor� '��F:WC r,A}IW:T �,.�p �-�f i ! ', + awlmu "4 UA�lydE 7d-d coma r W � 1 .!I >• r ct / MAMN, PLANS do 1 ' EQUIPMENT COMPOUND ND DETIKs PLAN ,a SECTION AT ICE ELEVATION a Wr�u�r.ws • I.I" z-= � z--: RIG CABLE TRAY T= •'�`""" !W 4 tD��W SCMf: Nn - Z---2 OWN 5 _ M ►� - - I/////pop de f m Lis� ;WQ rQ •.��z - •�Y31' I �I j aC y ll �=y •777 Vlfl ,•-,O�to w NOT�grp0 n 1 ii�Z C'i V esi—f- � LL � Q � Wd4C�1u p� ^� a a e-z Op + a �w w • ui� a LL, fnIn Q ! ►+4 7sd m� \ p�R 0EL ♦ i FA� Town of Agawam Assessor's Office 36 Main Street, Agawam, Massachusetts 01001-1837 AT p Tel. 413 -786-0400 x 205 Fax 413-786-9927 El) Email: assessor@agawam.ma.us October 3, 2006 Attorney Simon J. Brighenti, Jr. O'Connell, Flaherty&Attmore 1350 Main St. Springfield, MA 01103 Dear Attorney Brighenti: RE: Abutters List for 781 Shoemaker Ln., Feeding Hills - (F6-1-1) The attached abutters list for the above-named property has been certified with 41 abutters. If you have any questions,please call. Sincerely, Chester J. Nicora, Jr., MRA, GAA, GRI Acting Assessor z orn yC_- Page �� of �a ToWn of Agawam +` 36 Maim Street Agawam., Massachusetts 01001-1837 . TeL 413•-786-0400 Fax 413-786-992.7.. . n P DATE: 0 r zo CERTMCATTON OF ABUTTERS LIST i'° >a 1= o� -n Ca PROPERTY LOCATION: _ 7f�1 Jed MF _ C,eq&ji� MAP # E( _ BLOCK# LOT# CONTACT PERSON NAME: X 1�2 w v Q 6: CONTACT PERSON-ADDRESS ,i 3 dD -M Al d _ rk4i�91- CONTACT PERSON-PHONE NUMBER_717- l 7 7t? ABUTTERS Name: Z b'P 194khAtenBlock#_ _/ Lot#_Z . ---- Address of property: . ,i _�' i,1, It �� ` Address of Owner: Name: c A .!' Map# Block# 4 Lot# � J Address of Property: 2 C421 Address of Owner: ffi&k &AZog4 0 /9 02 ' Page off ABUTTERS o `Name : nr - ap# Block# Lot# Address of property : ZD-� -rs'O t / Si 'tL S7� rH — -- Address of Owner: 10.3 4e__ f7- L01o3U_ ' 2 a� Name: °.�4L�_�8 _ Map#-64 Block# Lot# Address of property : -Poo r E171 Address of Owner: Name: ` '� Map# Block# C7 Lot# Address of property : 4 i'ia 1 Address of Owner: 7a,- so vTk w ��lfU�L_f d ©� c_7 Name: j Map#� Block# Lot# -- Address of property: Jz . �Z�S LF �K4 - cZr Address of Owner- Name: Mlk4 V CL ,Map#.E� .� Block# 2 Lot# Address of property : �J77 so Address of Owner- Lr7 S _�!y -� -7- _D/03 D - L:� 2Z 9 - - - — Name: AIA PLLZAy ,►} U T `bL� Map#_�4- Stock# 2- Lot# 46� Address of property: .. -- Address of Owner: _ 791 1-2/03 a -. .. 51 _ raga _ of r I M PA,I rA.1, �OJ61°1� r— ABu'I`I`E12s Name : .p � � Ma.D# BIOCU 2i Lat# f Address of property. 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Map# �� Block# Lot# � Address of property. Address of Owner: 2aa Ta 0 4*UZ- 22 Name: faL)-rAal POLL T Map#_t&-7_ - Block#�_Lot# f Address of property :_ n Z �` o d M ��- � IV c, --- - - -- - _ - Address of darner _ 8% ; --W r4 4:aA4 Name: �Agi, i _ - Map# LZ Block# Lot# /4 Address of property: 12�m. Address QfOwner: giZ S`d A. e Lre /,/}-- - _- --- --- - - - Page of n ABUTTERS h"'Name, : o IP -✓ Map#�7-- Block# I LaC# Address of property: Address of Owner: --- Name: O 9`` Map# ._ Block# L- Lot# Address ofproperty : a 1 ` L N f' Address of Owner: Name: _ G_fJ.glb1b nI_,�"314(,J Map# ICl Block#__/ Lot# Address of property : Address of Owner: y4 Name. Map# �c� Black# 2 LOf _.(� Address of prop". Jila iYl � r Address of Owner: _ GAL i o L Al ,46 19Wi9I Name: ��"f Y.(! t�N .r Map# Block# LoW /•� ✓ Address of property : � �s O r►'1 Address of Owner: _ q ' Ito m A. 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Address of Owner: dI�'16 1'n1Tjo/D, � 1�3�S_ BOARD OF APPEALS PUBLIC MEETING March 28, 2005 The following members attended the public meeting: Doreen Prouty, Chairperson Gary Suffriti, Acting Vice Chairperson Joseph Conte, Clerk Betty Manchino, Secretary 1. Anthony Cirillo, Case #1733 -- - The Agawam Zoning Board of Appeals held a public hearing on March 28, 2005, at 6:30 P3 ., the Library Conference Room, Agawam Public Library, 750 Cooper Street, Agawam, MA,tdr all, parties interested in the appeal of Anthony Cirillo, who is seeking a Special Permit in acco*nce with Section 180-7 of the Zoning Ordinances, which would allow for a change in the use of a non-conforming structure from residential to business at the premises identified as 1504-1510 Main Street. The members sitting on this case are Doreen Prouty, Chairperson, Gary Suffriti, Acting Vice Chairperson and Joseph Conte, Clerk. The Chairperson re-opened the public hearing at 6:30 P.M. This public hearing is a continuation from March 14, 2005. Attorney Richard Sypek, of Ross & Ross, representing Mr. Cirillo, provided a copy of a letter he received from Town Solicitor, Thomas Locke,which the Board requested at the last public hearing,regarding the proposed use of the property, and the alteration of a non-conforming use. Chairperson Prouty read a letter from the Inspector of Buildings, dated March 17, 2005, stating he made an inspection of the property, and it was found that the two (2) buildings are attached by a deck, fence and foundation wall. A letter from the Engineering Department, dated March 25, 2005, stating numerous issues that need to be addressed. A letter from the Planning Board requesting that the Board of Appeals take no action until after their March 31,2005 meeting,at which time a site plan review would have been done. The reason for taking so long for their review was because of the late filing of the plans. Chairperson Prouty brought to the Board&attention that back taxes are owed to the Town for approximately S2,100.00 by the petitioner. A Town Ordinance passed-in 2002 Tequires payment of any overdue taxes before any permit can be issued. Any p�rinit can be denied-for nonpayment of taxes. Attorney Sypek stated the tax issue would be taken up with his client t"henext day. Member Conte stated he still has a problem with the legal opinion from Attorney Locke. He feels it is vague. His question being, the conditions for uses as stated in the zoning-by-laws. He stated the discontinuance of a non-conforming use, all conditions of Chapter 180, must be in compliance. All non-conforming parts must be removed. Member Prouty disagrees. She believes Section 180-7, Paragraph C pertains to uses and not dimensional requirements. Once the change in use of a building happens, all the Town by-Laws must be in compliance. Member Suffriti questioned Attorney Sypek,regarding the Building Inspectors statement that the buildings were connected, and that his client stated at the last meeting the buildings were separate with no attachment. Attorney Sypek stated he never viewed the back building to see that the buildings were attached at the foundation. He asked, if his client takes off seven(7) feet of the foundation, can he use the buildings as separate buildings. Member Conte said Mr. Cirillo would not need a special permit from the Board. The Board told Mr. Sypek to speak with the Inspector of Buildings to see if this plan is feasible. ' Page 2 March 28, 2005 - Attorney Sypek requested a continuation of the public hearing until he has time to speak with the Inspector of Buildings and address the issues from Conservation, Engineering, Planning and the taxes. Chairperson Prouty made a motion, and it was seconded by member Conte,to continue the public hearing to April 25, 2005 at 6:30 P.M. All were in favor, none opposed. 2. Agarest, LLC, d/b/a The Federal Restaurant and Bar Case#1734 The Agawam Zoning Board of Appeals held a public meeting on March 28, 2005, at 7:20, at the Library Conference Room, Agawam Public Library, 750 Cooper Street, Agawam, MA, for all parties interested in the appeal of Agarest, LLC,d/b/a The Federal Restaurant and Bar,(The Federal) which is seeking a Special Permit in accordance with Section 180-7 (B2) of the Zoning Ordinances, to allow for the division of a lot containing a nonconforming use, in order to create a residential lot(Lot#1) at the premises identified as 135 Cooper Street. The members sitting on this case are Doreen Prouty, Chairperson, Gary Suffriti, Acting Vice Chairperson and Joseph Conte,Clerk. The Chairperson re-opened the public hearing at 7:20 P.M. This public hearing is a continuation from March 14, 2005. Attorney Simon Brighenti, representing the petitioner, requested to record the public hearing. The Board granted his request, if the Board could receive a copy of the tape. Chairperson Prouty stated she had done research, and she found no pertinent information to deny the request. Member Conte stated he still had a problem with the request because it would be encroaching on the residential area. Member Suffriti agreed with member Conte, and that they would be making a non-conforming use more non-conforming because of the business use of this parcel. He stated, theoretically, two (2) more lots could be made on said property if something were to happen to the business. Chairperson Prouty made a motion, and it was seconded by member Suffriti to allow Attorney Brighenti to speak. All were in favor, none opposed. Attorney Brighenti stated the frontage on the lot was conforming, and making this lot would be productive for the Town(more tax money),and the business could benefit from the extra money. He stated there are no nonconforming dimensions on this lot, it has twice the setback requirement, it would make this piece of land-more.confonning, the use would not change and not a detriment to the neighborhood. Chairperson Prouty stated-if the-expansion pf a non- conforming use is not detrimental to the neighborhood,'it is allowed. 'The lot$eing created passes all zoning requirements. No one expressed opposition at the public hearing Abutter Mr. Tadia, adjacent to the proposed new lot, spoke in favor and said he didn't feel this would set a precedence for two (2) more lots. Member Suffriti has a problem with taking away 17,500 feet from the existing use. This would make the non-conforming property less for the business and more to residential use, making the business smaller. Attorney Brighenti stated the parcel meets all requirements for a building lot and a court would overrule any appeal. The only way to deny this petition would be because it would have a detrimental effect on the neighborhood. No aspect of the proposed new lot is being used by the business. Member Conte .stated he still found it to be encroaching on the residential area. Members Conte and Suffriti are R Page 3 March 28, 2005 still not ready to make a decision. Attorney Brighenti asked for a continuance to April 25,2005 at 7:00 P.M. Chairperson Prouty made a motion to continue the meeting to this date and time. It was seconded by member Suffriti. All in favor, none opposed. Chairperson Prouty made a motion to close the public meeting at 7:55 P.M. and it was seconded by member Suffriti_ All were in favor, none opposed. 3. Omnipoint Holdings, Inc., Case #1735 The Agawam Zoning Board of Appeals held a public hearing on March 28, 2005, at 8:00 P.M., at the Library Conference Room, Agawam Public Library, 750 Cooper Street,Agawam,MA,for all parties interested in the appeal of Omnipoint Holdings, Inc., which is seeking a Special Permit in accordance with Section 180-90 through 180-103 of the Zoning Ordinances, which would allow for the installation of wireless communication antennas and equipment on to an existing utility tower at the premises identified as 695 Cooper Street The members sitting on this case are Doreen Prouty, Chairperson,Gary Suffriti,Acting Vice Chairperson and Joseph Conte, Clerk, The Chairperson opened the public hearing at 8:00 P.M. This public hearing is a continuation from March 14, 2005. Member Conte stated he was satisfied with the report, David Maxon from Broadcast Signal Lab, submitted to the Board, regarding compliance to the Town ordinances. Member Suffriti was happy the petitioner was using an existing structure. Attorney Brighenti stated that Mr. Maxon's report was not out of the ordinary and all areas were in compliance. Chairperson Prouty made a motion and it was seconded by member Suffriti to close the public hearing at 8:16 P.M. and go immediately into a public meeting. All were in favor,none opposed. Chairperson Prouty called for a vote to approve this Special Permit, the result of which is as follows: Doreen Prouty, Chairperson - yes Gary Suffriti,Acting Vice Chairperson yes Joseph Conte, Clerk yes Chairperson Prouty made a motion and it was seconded by member Conte to close the public hearing at 8:30 P.M. All were in favor, none opposed. _ 4. Chairperson Prouty made a motion and it was seconded by member Suffziti to..postpone the discussion of the Board's Rules and Regulations until the next meeting-All were in.favor, none opposed. 5. Chairperson Prouty made a motion and it was seconded by member Suffriti to accept the minutes from March 14, 2005 with a minor change. All were in favor, none opposed. 6. There was a discussion about the Pride Convenience selling flowers in their parking Iot. This is in violation of their Special Permit#I711. It was decided that Chairperson Prouty would send Mr. Bolduc a letter stating that this is in violation of the Special Permit that was granted and it should not happen again. 7. Chairperson Prouty asked if there was any other business to come in front of the Board. There was none. She made a motion to close the hearing at 8:45 P.M. and it was seconded by member Conte. All were in favor, none opposed. ti 1"10d r• /,)r /7`� BOARD OF APPEALS PUBLIC MEETING June 14, 2004 1. Appeal of: Onxipoint Holdings, Inc. Case# 1717 The Agawam Zoning Board of Appeals held a public hearing on June 14 2004, at 6:00 P.M., at the Library Conference Room, Agawam Public Library, 750 Cooper Street, Agawam,MA, for all parties interested in the appeal of Omnipoint Holdings, Inc., which is seeking a Special Permit in accordance with Sections 180-904hrough 180-103 of the Zoning ordinances which would allow for an increase in height to the existing monopole in order to accommodate a PCS antenna located at the premises identified as 850 South Westfield Street. The Chairperson opened the public hearing at 6:00 P.M. He read the legal notice and explained the procedure to be followed. Mr. Conte then introduced the members of the Board. The members sitting on this case are: Joseph Conte, Trina Davis and Gary Suffriti. Attorney Simon Brighenti Jr.,who represented the petitioner, explained the reason for the petition. Omnipoint Holdings, Inc. would like to increase the height to the existing monopole by ten (10) feet, in order to accommodate a PCS antenna. The additional height will achieve acceptable coverage in the targeted area. It will also eliminate the need for an additional tower in the vicinity. The petitioner would also be placing three(3) computer cabinets within the existing fenced compound. These computers would assist 911 emergency calls. Member Suffriti had a concern about the esthetics of this triangular type antenna. He asked if it would be possible to make it a flush mount antenna, the same as AT&T's antenna. The petitioner stated that this would not be a problem. Member Suffriti asked that this be a condition to the decision. The Chairperson made a motion, and it was seconded by Member Suffriti, to close the public hearing at 6:50 P.M. and go immediately into a public meeting. All were in favor, none opposed. The Chairperson called for a vote on this Special Permit from the members sitting, the result which is as follows: Acting Chairperson: Joseph Conte yea Acting Vice Chairperson Trina Davis yea Acting Clerk Gary Suffriti yea Chairperson Conte explained the twenty(20) day appeal process. The Chairperson made a motion and it was seconded by Member Suffriti to close the meeting. All were in favor, none opposed. The meeting was closed at 6:55 P.M. 2. Appeals of: David Lessard. Case #1718 The Agawam Zoning Board of Appeals held a public hearing on June 14 2004, at 6:30 P.M., at the Library Conference Room, Agawam Public Library, 750 Cooper Street, Agawam, MA, for all parties interested in the appeal of David Lessard, who is seeking a Special Permit in accordance with Sections 180-7, Paragraph B of the Zoning Ordinances,which would allow for the reconstruction of an existing porch addition with less than the required setback, which is locat4 at the premises identified as 20 Hastings Street. W M. —4 Page 2 June 14, 2004 The Chairperson opened the public hearing at 6:30 P.M. She read the legal notice and explained the procedure to be followed. Ms. Prouty then introduced the members of the Board. The members sitting on this case are: Doreen Prouty, Joseph Conte and Trina Davis. The petitioner, Mr. Lessard, explained that he wishes to remodel the existing porch by fully enclosing it_ The front setback is 25', 10' short of the current by-law. There were no others in attendance who spoke either in favor or against this petition. Chairperson Prouty read several letters written in favor of this request. The chairperson closed the hearing at 6:40 P.M. and immediately opened into a meeting for discussion. Acting Vice Chairperson Conte stated he had no objections, as did Acting Clerk Davis. Chairperson Prouty made a motion to call for a vote and was seconded by Acting Vice Chairperson Conte. The results of which are as follows: Chairperson Doreen Prouty yea Acting Vice Chairperson Joseph Conte yea Acting Clerk Trina Davis yea The members agreed to the following conditions: 1) built according to the plans submitted,2) this Special Permit is granted only from the front setback requirement, 3) all state and Iocal building requirements are to be met,4) the petitioner shall record with the Hampden County Registry of Deeds a Notice of Special Permit, and 5) this Special Permit shall become null and void if construction does not commence within two years. Chairperson Prouty made a motion to accept these conditions and Acting Vice Chairperson Conte seconded the motion. All were in favor, none opposed. Chairperson Prouty made a motion and it was seconded by Acting Vice Chairperson Conte to closed the meeting. All were in favor, none opposed. The meeting was closed at 6:45 P.M. 3. Appeal of: Village Swiss Limited Partnership. Case# 1719 The Agawam Zoning Board of Appeals held a public hearing on June 14, 2004, at 7:00 P.M.,at the Library Conference Room, Agawam Public Library, 750 Cooper Street, Agawam, MA, for all parties interested in the appeal of Village Swiss Limited Partnership, who is seeking a Variance in accordance with Section 180-35 of the Zoning Ordinances,which would allow for the construction of a single family structure with less than the required lot size located at the premises identified as Lot#15, Meadow Street/James Avenue. The Chairperson opened the public hearing at 7:00 P.M. She read the legal notice and explained the procedure to be followed. Ms. Prouty then introduced the members of the Board. The members sitting on this case are: Doreen Prouty, Joseph Conte and Trina Davis. Attorney Jeff Strole, on behalf of the petitioner, Village Swiss Limited Partnership, stated the reason for the petition. They would like to construct a non-commercial, residential single family home. Attorney Stole stated that a hardship would be created for the petitioner,if not allowed to build the single family residence. The lot would remain vacant, and the petitioner would have the expenses of removing litter and rubbish placed by unknown parties. The petitioner would also have the extra expense of keeping the lot landscaped Page 3 June 14, 2004 Chairperson Prouty asked Attorney Strole if he knew the history of the lot. Chairperson Prouty explained that a history of deeds, and lot division, would be required to determine if the lot could be determined as non-conforming, and thus entitled to Grandfather Clauses. Attorney Strole stated that he did not have the information,but would be able to do a search at the registry of deeds. The Chairperson opened the hearing up to the public. Ann Rachele, 386 Meadow Street, spoke in disfavor of the variance. She stated that her property abutted the petitioners lot, and the area in question was only 40 feet wide, and adding a structure on the property would make the area congested. The property would be nonconforming. Ann Grimaldi, 36 James Avenue,spoke in disfavor of the variance. She stated that she has lived on her property for 37 years, and building a single family residence on the lor would enhance the existent danger posed to residents by the traffic. She noted that the driveway for the new structure would have to be placed on James Street. It would make it more difficult for children and pedestrians to observe, and cross traffic. Barbara Leroux, 380 Meadow Street, spoke in disfavor of the variance. She stated it would make the area too congested. Acting Vice Chairperson,Joseph Conte, explained to all present that it was the fundamental right of the petitioner to build on the property, if it complied within the zoning laws established at the time the petitioner purchased the lot. Chairperson Prouty stated a decision could not be made without the history of deeds and ownership of the property. She asked Attorney Strole if he could have the information needed, prior to Monday, June 28,2004. He answered yes. Chairperson Prouty concluded, stating a decision could only be made after reviewing the history of the lot in question. Chairperson Prouty made a motion, and it was seconded by Member Conte to continue the meeting to Monday,June 28,2004. All were in favor,none opposed. 4. Chairperson Prouty asked if there was any other business to be brought before this Board. There was none. Chairperson Prouty made a motion and was seconded by member Conte to close the meeting. All were in favor,none opposed. Chairperson Prouty closed the meeting at 7:30 P.M. BOARD OF APPEALS PUBLIC MEETING March 14, 2005 iP;g(r- The following members attended the public meeting: f Doreen Prouty, Chairperson Gary Suffriti, Acting Vice Chairperson Joseph Conte, Clerk Trina Davis, Alternate Betty Manchino, Secretary w 1. Anthony Cirillo, Case#1733 The Agawam Zoning Board of Appeals held a public hearing on March 14, 2005, at 6:00 P.M., at the Library Conference Room, Agawam Public Library, 750 Cooper Street, Agawam, MA, for all parties interested in the appeal of Anthony Cirillo, who is seeking a Special Permit in accordance with Section 180-7 of the Zoning Ordinances, which would allow for a change in the use of a non-conforming structure from residential to business at the premises identified as 1504-1510 Main Street. The members sitting on this case are Doreen Prouty, Chairperson, Gary Suffriti, Acting, Vice Chairperson and Joseph Conte, Clerk. The Chairperson opened the public hearing at 6:00 P.M. This public hearing is a continuation from February 14, 2005. Attorney Richard Sypek, of Ross & Ross, representing Mr. Cirillo spoke with Town Solicitor, Thomas Locke. Attorney Locke indicated Mr. Cirillo did need to apply for a Special Permit and not a Variance, which was brought up by member Conte at the last meeting. Attorney Sypek passed out a copy of prior case law pertaining to his client's case. Attorney Sypek scheduled an on site meeting on March 11, 2005. The Engineering Department checked the plan, and a one-way entrance, and a twenty(20) foot berm is needed. The petitioner would not need Conservation approval. He is not changing the black top on the building site. The Historical Commission said the building, on the right, has historical value. It was the former Post Office. Mr. Cirillo said he is not using the building on the right,just the one on the left, for food preparation. The building on the right is shut down and boarded up. Mr. Cirillo is willing to do anything to the property that the Board requires, such as fencing it in, planting shrubs etc. Member Conte questioned again why Mir. Cirillo did not file for a variance. He believes the Board has no authority to grant a special permit or variance for setbacks,because the building does not have the required frontage. Member Conte requested Attorney Sypek to have Attorney Lock send the Board his written legal opinion on this matter,before the Board takes any further action. Chairperson Prouty advised the petitioner the Board is not taking a vote on this special permit, until it receives the legal opinion from Attorney Locke. Chairperson Prouty continued the public hearing to March 28, 2005 at 6:00 P.M. She made a motion, and it was seconded by Member Conte to close the public hearing at 6:50 P.M. All were in favor, none opposed. Page 2 March 14, 2005 2. Agarest, LLC, d/b!a The Federal Restaurant and Bar The Agawam Zoning Board of Appeals held a public hearing on March 14, 2005, at 6:55 P.M., at the Library Conference Room, Agawam Public Library, 750 Cooper Street, Agawam, MA, for all parties interested in the appeal of Agarest, LLC, d/b/a The Federal Restaurant and Bar,(The Federal) which is seeking a Special Permit in accordance with Section 180-7 (B2) of the Zoning Ordinances, to allow for the division of a non-conforming lot in order to create a residential lot (Lot-41) at the premises identified as 135 Cooper Street, The members sitting on this case are Doreen Prouty, Chairperson, Gary Suffriti, Acting Vice Chairperson and Joseph Conte, Clerk. The Chairperson opened the public hearing at 6:55 P.M. She read the legal ad and explained the procedure that would be followed. Attorney Simon Brighenti, representing the petitioner, stated that his client is requesting the division of a non- conforming lot to create a residential lot at 135 Cooper Street. The plans were submitted to the Planning Board, but they did not take any action. Mr. Brighenti spoke with Dominic Urbinati, Inspector of Buildings, and Mr. Urbinati advised him he would need to apply for a special permit because the lot contains a non-conforming use. Attorney Brighenti said the lot is located at the comer of the property, and is not used by The Federal. It is a wooded area and the lot is 17,000 square feet. Lots in the area are predominantly smaller. Attorney Brighenti said it would not affect the use of the Federal's lighting, the house would be far enough away. Chairperson Prouty read the Planning Board's memo asking the Board of Appeals to table the petition until site plan is approved by the Planning Board. Chairperson Prouty questioned the petitioner about the Special Permit that was approved in 2003 for an outside dining(terrace)area. The petitioner said they decided not to go forward with the plans, due to business reasons. Member Conte said to make this a separate building lot would take away atmosphere from the Federal. Member Suffriti stated it would take away from the aesthetics of the business, and it would push the business closer to the residential area. Member Conte said by reducing the business lot, it would encroach on the surrounding residents. Abutter Donald Taddia, 32 Fairview Street, spoke in favor, saying it would be a major improvement to have a residential dwelling there instead of woods and trash. Attorney Brighenti said the petitioner would make a screening, remove dumpster, and change garden. It would bring in tax revenue for the town. They are trying to be good neighbors and compliment the town. Chairperson Prouty made a motion and it was seconded by member Suffriti to close the public hearing at 7:40 P.M. and go immediately into a public meeting. Member Conte said moving a residential dwelling closer to a non-conforming building could create problems. Chairperson Prouty agreed creating a greater non-conformity does not sound right,but feels there is no legal way to deny permit. Member Suffriti stated the Federal could sell, and the new owner could try to get a Special Permit to make another residential lot. Chairperson Prouty said the Board was not ready to make a decision. Chairperson Prouty made a motion and it was seconded by member Suffriti to reschedule the public hearing to March 28, 2005 at 6:30 P.M. All were in favor, none opposed. Page 3 March 14, 2005 3. Omnipoint Holdings,Inc.,Case#1735 The Agawam Zoning Board of Appeals held a public hearing on March 14, 2005, at 7:50 P.M., at the Library Conference Room, Agawam Public Library, 750 Cooper Street, Agawam, MA, for all parties interested in the appeal of Omnipoint Holdings, Inc., which is seeking a Special Permit in accordance with Section 180-90 through 180-103 of the Zoning Ordinances, which would allow for the installation of wireless communication antennas and equipment on to an existing utility tower at the premises identified as 677 Cooper Street The members sitting on this case are Doreen Prouty, Chairperson, Trina Davis, Acting Vice Chairperson and Joseph Conte, Clerk. The Chairperson opened the public hearing at 7:50 P.M. She read the legal ad and explained the procedure that would be followed. Chairperson Prouty referred to a letter from the Engineering Department, dated March 7, 2005 regarding the address of this parcel. The Correct address is 695 Cooper Street and not 677 Cooper Street which was previously assigned. Attorney Simon Brighenti, representing T Mobile, stated that the petitioner wants to provide service to customers using the existing tower which is on a parcel of land Western Mass. Electric Company owns. T. Mobile would lease the space. This equipment would provide service to gaps in town. The existing tower would add a ten (10) foot antenna and a six (6) foot chain link fence around the compound, with evergreens to be planted. The unit would be non-obtrusive and would be monitored 24 hours a day, 7 days a week. Chairperson Prouty advised Attorney Brighenti that under Section 18-95 of the Zoning Ordinances, the Board must hire an independent consultant to review the application, and file a report with the Board. This would be paid by the petitioner. Member Prouty said she would contact a consultant. She stated that the public hearing would have to be continued until the Board received said report. A motion was made by Chairperson Prouty and seconded by member Conte, to close the public hearing at 8:50 P.M. and-reschedule it to March 28, 2005 at 7:00 P.M. All were in favor,none opposed. 4. Chairperson made a motion and it was seconded by member Suffriti to accept the minutes from February 14, 2005 with a minor change. All were in favor, none opposed. 5. Chairperson requested that the Board discuss the Rules and Regulations at the next meeting. 6. Chairperson Prouty asked is there was any other business to come in front of the Board. There was none. She made a motion to close the hearing at 8:50 P.M. and it was seconded by member Conte. All were in favor,none opposed. 6 f t't hl r"P 0 tA'1 1, xya�p,yG- TOWN OF AGA WAM 36 MAIN STREET AGAWAM, MA 01001 DECISION OF BOARD OF APPEALS 1 �A7E0 spy Petition of. Omnipoint Holdings, Inc. Premises affected: 850 South Westfield Street Date: June 14, 2004 Case #: 1717 "T } 77 c�. Ll7_ The Agawam Board of Appeals conducted public hearing and meeting on June 14, 2004, aWthe r Library Conference Room, Agawam Public Library, 750 Cooper Street, Agawam, MA, for all parties interested in the appeal of Omnipoint Holdings, Inc., which is seeking a Special Permit in accordance with Section 180-90 through 180-103 of the Zoning Ordinances which would allow for an increase in height to the existing monopole in order to accommodate a PCS antenna located at the premises identified as 830 South Westfield Street. After the public hearing, and after a thorough review of the facts presented, the Agawam Board of Appeals made the following findings: 1. The subject property is located in an area of Town zoned Agricultural. 2. The subject property received a Special Permit(Case#1691, dated May 12, 2003)to allow for a one hundred fifty foot(150)tall monopole with a fifty foot by fifty foot (50'x50') fenced equipment storage compound. 3. The subject property is commonly known as the Oak Ridge Golf Course. 4. The petitioner wishes to increase the height of the existing monopole by ten feet(10'), for a total height of one hundred sixty feet(160) 5. A total of six(6) antennas are to be added to the new ten foot high"pipe mount". 6. Three additional computer cabinets will be added within the existing fenced compound area. 7. There was no opposition expressed at the public hearing nor received in writing by this Board. 8. The petitioner has shown that it is unable to utilize its existing facility and tower sites in and around the Town of Agawam. 9. The proposed addition to the monopole tower will not have an undue adverse impact on historic resources, scenic views, residential property values, natural or man-made resources. 10. The petitioners have agreed to implement all reasonable measures to mitigate the potential adverse impacts of the new tower addition. 11. The proposed tower addition shall comply with FCC 96-326 and any and all other applicable FCC regulations regarding emissions of electromagnetic radiation and a monitoring program is in place. 12. The Board has found that the subject property is an appropriate location for such a use. ti Page 2 Omnipoint Holdings,Inc. Case#1717 13. The Board has found that the use as developed will not adversely affect the health, safety and property values of the neighborhood. 14. The Board has found that there will be no nuisance or potential hazard to vehicle or pedestrian safety. 15. The Board has found that adequate and appropriate facilities and controls will be provided for the proper and safe operation of the proposed use. Based on its findings, the Board is of the opinion that it is within the authority of the Board of Appeals to grant a Special Permit in accordance with Section 180-90 through 103 of the Agawam Zoning Ordinances. Therefore,by a unanimous vote of its three members, the Board of Appeals grants the Special Permit subject to the following conditions: I. The ten foot(10) "pipe mount"and antennas are to be build according to the plans submitted to this Board by Clough, Harbour&Associates LLP Project No: 10585-1052, March 23, 2004. However, the original plans showed a triangular type antenna to be installed. This Board is requiring a flush mount antenna to be installed instead. 2. All other conditions as stated under Special Permit Case#1691, dated May 12, 2003 are to remain in effect. 3. The petitioner shall record with the Hampden County registry of Deeds A"Notice of Special Permit" form,which shall be provided by this Board and proof of said filing must be submitted to this Board and to the Inspector of Buildings. 4. This Special Permit shall become null and void if construction does not commence within two (2) years from the date of this decision. �t �6sev Co a Trina DaviV Gary S ti i p HUOK 1753 Certificate of Vote I, Robert S. Ingram, Clerk of Pittsfield 1�lectria Company hereby Certify that at a duly called meeting of the stockholders of said corporation held in. Boston, Massachusetts, on December 30, 1942, at which Westara Massachusetts Com parries, the holder of all the outstanding stock of said corporation, was repro- seated by proxy thereto duly authorized, the following vote was passed by said stockholder: Voted: That William A. Whittlesey the President of this corpora- tion and Joseph F. Lyons its Treasurer be and they are hereby authorized to ex- eoute, acknowledge, and deliver in the name and on behalf of this corporation and under its corporate seal a deed from this corporation to Western Massachu- setts Electric Company in the form therefor which has been presented to this .meeting, and that the form so presented be filed with the records ofthis ,aeeti I further certify that the foregoing deed executed by said Pittsfield Electric t , Company conforms in all respeotsto the form therefor which was presented to and f-� acted upon at the aforesaid meeting. Witness my hand this 30th day of December, 1942. +' Robert S Zingram) Clerk of Pittsfield Electric Company Commonwealth of Massachusetts Suffolk, ss. December 30, 1942. Then personally appeared the above named Robert S. Ingram and made oath that the statements con twined in the foregoing certificate signed by him are tone, before me, George R. Keegan Notary Public (Notarial Seel ) My commission expires January 25, 1946. i Heald Dec, 31, 1942 at 3H. 28M. P.hl. and Reg'd from the original. - oc.20883 - urners Falls Know all Men by these Presents that Turners Palls Power & Electric Com- ower & Electric o. pany, a corporation of the Commonwealth of Massachusetts (hereinafter called thir to "Grantor"), hereby grants, conveys, assigns, transfers, and delivers to Wester extern Idass,Elea Massachusetts Electric Company, also a corporation of said Commonwealth, (here- ric Co. inafter called the "Grantee") , all and singular the parcels of land situated .in the Counties of Franklin, Hampshire, Hampden,Worcester, Berkshire Northern Dis trict and Berkshire Middle District, all in the Commonwealth of Massachusetts, 1►/ r1 31l in the County of Cheshire in, the State of New Hampshire and in the Town of Vernon ' ro�0 0 i.a 3 in the State of Vermont, and all leasehold interests, easements, and other righ e a{�u of every description in any and all lands so situated which have been heretafor +f �' described in and conveyed to or acquired by the Grantor by any and all deeds an other instruments to the Grantor duly recorded in the registries of deeds of the several counties and districts above referred to/and in the Land Records of the town above referred to, and by all takings made by the Grantor which are so recorded, except-insofar as said lands and rights, or any portion or portions thereof, have been since acquisition by the Grantor conveyed by it to others by deeds similarly recorded; likewise all other real estate and rights therein now owned by the Grantor wherever the same may be situated; likewise all buildings and other structures situated upon any cf the lands hereby conveyed and all fie turee of every description attached to such buildings in such manner as to be in law a part of the re al estate; likewise all and singular the persora l proper- ty, powers, rights, locations, licenses, privileges and franchises now owned, held or possessed by the Grantor including, without in any way limiting the generality of the foregoing, all electrical generating, transmitting, distribtit ing, transforming, switching and metering apparatus, equipment and facilities,. r. all tools and machinery, all automobiles and trunks, all materials, ftel and supplies, all furniture and fixtures, all books, accounts and records and other contents of power plants, substations, office buildings end other buildings, an all cash, bank deposits, sccounts receivable, choses in action and rights under contracts now in force to which the Grantor is a party; likewise, so far as the Grantor has the power to grant the saute, the right to use the name "Turners ! Falls Power & Electric Company" in connection with the conduct of the business j of the Grantee or any portion thereof if the Grantee sees fit to do so; but subject, as to all the foregoing, to the lien of the First Mortgage Indenture dated as of December 11 1936, from the Grantor to The Merchants National Bank of Boston which is also duly recorded in all places of record above referred to This instrument is executed and delivered for the purpose of consummating as of the hour of mid4ight at the close of the 31st day of December, 1942, the merger 3' and consolidation of the Grantor with the Grantee as heretofore approved by the Department of Public Utilities of Massachusetts by its Order dated July 10, 194 A Ty*�L'r- PHOTOCOT'"I' AS RECOREDED IN p-r-, HM.1 U.�:N OF DEEDS A14D IT C 13) SO TFR'7,';F-h'-D BOOK rACE f ATT E SM REGISTER BOOK 1753 59f - as amended by its subsequent order dated September 4, 1941, and by the federal F;. Power Commission of the United States by its Order dated December 171 194.2, and to the and that said merger and consolidation may becoma affective precisely at the hour above mentioned it is agreed that the possession, use, and enjoyment o the property hereby conveyed shall until that hour remain in the Grantor .but on and after that hour shall be vested in the Grantee. Pursuant to the terms and (<: conditions upon which the aforesaid merger and consolidation is to be made, the Grantee by the acceptance hereof assumes and agrees to pay, perform, and dis- charge all the debts, liabilities, and obligations of the Grantor which shall [' be outstandin g at the hour when said merger and consolidation become effective, including all contractual and eaeoutory obligations of every nature and particu laxly including the obligations of the Grantor under the aforesaid First Mortgage Indenture, excepting only the liability of the Grantor upon its outstanding Y" capital stock which as of the aforesaid hour is to be surrendered by the holder thereof and replaced by an equal amount in par value of the capital stock of th Grantee issued by the Grantee tos aid .bolder. i • To Have and to Hold the aforesaid property, powers, rights, locations, ` licenses, privileges, and frdnehises to the Grantee, its successors and assigns to its and their own use and behoof forever. ., In Witness Whereof on this 30th day of December, 1942, said Turners Falls Power & Electric Company has caused this instrument and multiple counterparts hereof, all of the same date, tenor, and effect and constituting together but one and the same instrument, to be impressed with its corporate seal and signed in its z Y name and on its behalf b its President and Treasurer thereto duly authorized. -�: Turners Falls Power & Electric Com- pany (Corporate Seal) by Fred C. Abercrombie, President Joseph F. Lyons, Treasurer Commonwealth of Massachusetts Suffolk, as. December 30, 1942. Then persoxa lly appeared the above named Fred C. Abercrombie, President, and Joseph F. Lyons, Treasurer, and acknowledged the foregoing instrument to be the free act and dee of said Turners Falls Power & Electric Company, before me, Edward G. Fischer Notary Public (Notarial .peal) M commission expires March .: Y Y p 13, 1947. .. No United States Revenue Stamps are affixed to this deed for the reason that lo":.; it 'la given for the purpose of carrying into effect the merger and consolida- tion of the Grantor with the Grantee. Certificate of Vote I, Robert S. Ingram, Clerk or Turners Falls Power & Electric Company hereby Certify that at a duly called meeting of the stockholders of said corpora- tion held in Boston, Massachusetts, on December 30, 194.29 at which Western Mas- sachusetts Companies, the holder of all the outstanding stock of said coxporatil n was represented by proxy thereto duly authorized, the following vote was passed by said stockholder: Voted: That Fred C. Abercrombie the President of this corporation and Zoseph F. Lyons its Treasurer be and theyare hereby authorized to execute, acknowledge, and deliver in the name and on behalf of this corpora- tion and under its corporate seal a deed from this corporation to Western Massa y �4 chusetts Electric Company in the form therefor which has been presented to this meeting and that the form so presented be filed with the records of this meeting. .. I further certify that the foregoing deed executed by said Turners Falls Power & Electric Company conforms in all respects to the form therefor which was pre- n _:<`, rented to and acted upon at the aforesaid meeting. rh Witness my hand this 30th day of December, IL)42. Robert S. Ingram Clerk of Turners Falls Power & Electric Company `r' .A Commonwealth of Massachusetts Suffolk, ss. December 30, 1942. Then personally appeared the above named Robert S. Ing]?" and made oath that the statements oon ' tained in the foregoing certificate signed by him are true. Before me, 1 Edward G. Tischer Notary Public (Notarial Seal) My commission expires March 13, 1947• Reed Dee. 31,1942 at 3H. 28M. Pi','-M. and Reg'd from the original. '+ Supplemental Indenture of Mortgage Doc.20884 This Indenture dated this 30th day of December, 1942, by and between Western Mass.Ele1 r trio Co. Western Massachusetts Electric Company, a corporation of the Commonwealth of to Massachusetts having its principal place of business in the Town of Greenfield „erchants 'Nat.tl. A T;*', ';`.,E PHL,Ta 0-i"DOP't M R.PCO PIDED IN r''U, 1 Y i CT R'Y OF D C-E D S AND I �:S SO Boot% ATTEST: REGISTER TOWN OFAGAWAM 36 MAINSTREET AGAWAM, MA 01001 ZC DECISION OF BOARD OF APPEALS ATEQ Mph Petition of Omnipoint Holdings, Inc. Premises affected: 695 Cooper Street Date: March 28, 2005 err Case#: 1735 w r = The Agawam Board of Appeals conducted a public hearing on March 14, 2005 and March 28, 2005, at the Library Conference Room, Agawam Public Library, 750 Cooper Street,Agawam, MA, for all parties interested in the appeal of a Special Permit in accordance with Sections 180- 90 through 180-103 of the Zoning Ordinances, which would allow for the installation of wireless communication antennas and equipment to an existing utility tower at the premises identified as 695 Cooper Street. After the public hearing, and after a thorough review of the facts presented, the Agawam Board of Appeals made the following findings: 1. The subject property is located in an area of Town zoned Residential A-2. 2. The subject property does not lie withing the Town's Wireless Telecommunications Overlay District. 3. Section 180-94 allows wireless telecommunications facilities in all districts of the town, by Special Permit, which are to be mounted on top of an existing structure. 4. Section 180-97 (J) allows a height increase of not more than twenty(20') feet for a personal wireless service facility located on electric transmission and distribution towers. 5. The petitioner wishes to co-locate their antennas on an existing power utility tower on property owned by the Western Massachusetts Electric Company. 6. The addition of the proposed antenna to the existing utility tower will increase the height by ten(10') feet. 7. An independent consultant, chosen by this Board, was hired to review the information submitted by the petitioner. 8. The petitioner has shown that it is unable to utilize its existing facility and tower sites in and around the Town of Agawam. 9. The proposed tower/facility will not have an undue adverse impact on historic resources, scenic views, residential property values, natural or man-made resources. 10. The petitioner has agreed to implement all reasonable measures to mitigate the potential adverse impacts of the tower/facility. 11. The proposed tower/facility shall comply with FCC96-326 and any and all other applicable FCC regulations regarding emissions of electromagnetic radiation and a monitoring program is in place. 12. The subject property is an appropriate location for such a use. Page 2 Omnipoint Holdings, Inc. Case#1735 13. The proposed use, subject to the conditions set forth herein, will not adversely affect the health, safety or property values of the neighborhood. 14. The proposed use, subject to the conditions set forth herein, will impose adequate and appropriate facilities and controls for the safe operation of this use. Based on its findings,the Board is of the opinion that the granting of the requested Special Permit is within the authority of the Board of Appeals as stated under Section 180-90 through 180-103 of the Zoning Ordinances. Therefore, by a unanimous vote of its three members,the Zoning Board of Appeals hereby grants the petitioner a Special Permit to co-locate on an existing power stanchion subject to the following conditions: 1. The tower/facility shall be constructed according to the plans submitted and signed by the members of this Board, entitled"WMECO-AGAWAM, site number 4SH0276B by Clough, Harbour& Associates, LLP, dated February 18, 2005. 2. The petitioner shall post a"Removal Performance Guaranty"in the form of a cash bond. Such bond shall be agreed upon between the petitioners and this Board before the issuance of this Special Permit. The costs necessary to obtain estimates for the removal/demolition shall be borne by the petitioner. 3. The petitioner shall provide a certificate of insurance to this Board before the issuance of this Special Permit. This certificate of insurance shall be submitted to the Planning Board on an annual basis showing proof of insurance against damages to person or property. 4. The petitioner must meet with this Board every five(5)years to review, and if necessary, adjust the monetary amounts originally specified under Conditions #2 and#3. The petitioner shall notify this Board ninety(90) days prior to each subsequent five(5)year period. 5. This personal wireless tower/facility shall be removed if said tower/facility ceases to operate for a period of one(1)year. 6. The petitioner will immediately notify the Town if its license/permit from the Federal Communications Commission is revoked. 7. The petitioner shall demonstrate annually that it complies with any and all federal, state and local laws, rules and regulations. 8. There will be no lighting of the tower unless required by the Federal Aviation Administration. 9. The color of the proposed antennas and poles shall be the same as the power stanchion on which they are to be located. 10. The petitioner shall file with the Hampden County Registry of Deeds a"Notice of Special Permit"form, which shall be provided by this Board and proof of said filing shall be submitted to this Board and to the Inspector of Buildings. IL This Special Permit shall become null and void if construction does not commence within two (2)years from the date of this decision. L 3 Doreen Prouty 3r/o Gary uffriti �3/- �y` se C rite amViPd�'� �0� 6s Town of Ag. 36 Main Street Agawam,Massachusetts 01001-1837 May` Tel. 413-786-0400 Fax 413-786-9927 PLANNING BOARD February 22, 2005 Omnipoint Holdings, Inc., a division of Tmobile `" a c/o Simon Brighenti, Jr., Esquire -- O'Connell, Flaherty& Attmore ®. 1350 Main Street Springfield,MA 01103 Dear Attorney Brighenti: At its duly called meeting held on February 1.7, 2005,the.Agawam Planning Board voted to approve the Site Plan entitled"WMEC-Agawam, 677 Cooper Street,Agawam, MA 01001", dated 5/27/04,revised 2118/05 with the condition that the evergreen screening consist of 6 high arborvitae planted 6'on center and that a cable tray be installed which will match the color of the existing utility pole. If you have any questions,please contact this office at 786-0400, extension 283. ' Sincerely, Dennis B. Hopkins, Chairman AGAWAM PLANNING BOARD DBH:pre cc: Board of Appeals Building Dept: Eagineenng Town Cl File i I Zoning Board of Appeals j �I Town of Agawam i Application For Special Permit I � �i INSTALLATION OF A PERSONAL WIRELESS SERVICE FACILITY 3 OMNIPOINT HOLDINGS, INC., a Wholly Owned Subsidiary of T• -Mobile- Petitioner/Applicant 3 i Address: j I i Western Massachusetts Electric Company Utility Pole #2288 Cooper Street Agawam, Massachusetts g i I 1 f i I TABLE OF CONTENTS APPLICATION FOR SPECIAL PERMIT TOWN OF AGAWAM Facility to be installed at Western Massachusetts Electric Company Utility Pole#2288 Cooper Street Agawam,Massachusetts Omnipoint Holdings, Inc. a division o f T• -Mo1)ile, 100 Filiey Street Bloomfield, Connecticut 06002 Application Tab I Application for Special Permit with Supporting Statements Evidence of Authorization from Property Owner Tab 2 Project Narrative Description Tab 3 Photograph of Existing Similar Facility FCC License Tab 4 Radio Frequency Engineer's Affidavit Tab S Propagation Plots Massachusetts Department of Public Health Notice Tab 6 Site Plan Tab 7 Zoning Drawings TO 14W OF AGA WAM p A 36 hLUN STREET" AOAWAM, JK4 0.10ol BOARD OF APPEALS ��O '� '1�� II<'`P. Srf:V.icD. OF APPEALS r EO ZN5 FEE -Q p 3: 10 if Case# Filed Hearing Application to Board of Appeals for SPECIAL PERMIT as provided in the Zoning and other By-Laws. c/o Simon J.Brighenti,JD. Applicant Omnipoint Holdings,Inc.,a division of T--Mbbilef Address O'Connell,Flaherty&Attmore 1350 Main Street Sprinarield,MA 01089 (413) 237-1550 Application is hereby made for SPECIAL PERMIT as provided by Section 180 Paragraph 90— 103 of the By-Law. Premises affected are situated on Cooper Street; approximately 800 feet distant from the comer of Mill and Coo er Street and known as street number TBD _ Pl Property is zoned as Residential A2 Applicant proposes to install a set of PCS antenna on the existing utility tower located off of Cooper Street owned by WMECO and to install three(3) computer equipment cabinets on a coderete pad inside a newly-installed landscaped„fenced compound. All Details of the proposal are set forth in the accom an in documentation and lens. Signature of owner or his authorized agent w NOTICE: THIS APPLICA TION MUST BE FILLED 0 UT IN INK OR TYPE WRNTEN PROPOSED FINDINGS PER TOWN OF AGAWAM ZONING ORDINANCE CRITERIA Support Statements for Zone,Relief Applicant: Omnipoint Holdings, Inc., a division of T• MoLile- Location: Western Massachusetts Electric Company C WMECO") Utility Pole#2288,Line#1718-82 Cooper Street,Agawam, MA Map ID: Map H11, Block 3, Lot 1 Zoning District: RA2 Facility Owner: Western Massachusetts Electric Company Property Owner: Western Massachusetts Electric Company ZONING RELIEF SOUGHT: Special Permit Approval pursuant to §180-96 of the Code of the Town of Agawam ("the Code") Applicant proposes to install an array of antennas on the top of the existing utility pole located off Cooper Street Country Club and to place three (3) computer cabinets within a landscaped fenced compound attendant to the monopole. BACKGROUND: The existing utility pole was constructed as a component of the WMECO electric power delivery infrastructure. The pole was constructed to a total height of approximately 110'. Applicant seeks to add a"pipe mount" with antennas to the top of the monopole. See photographs of a similar existing facility at Tab 3. Subsequent to the addition., the top of the antennas will reach a height of 120', which is well below the maximum permissible cell tower height of 190'. As will be developed below, Applicant requires the additional height to achieve acceptable coverage in the targeted area. Installation of the proposed facility will eliminate the need for an additional tower in the vicinity. Applicant provides the below proposed findings in furtherance of this proposal. ARTICLE AW PERSONA, WYRaESS SER 'ICE FACILITIES AND TowERs SECTION 180-90. PURPOSES. The purposes of this article are to: A. Preserve the character and appearance of the community while simultaneously allowing adequate personal wireless services to be developed, OMNIPoINT HOLDTNGS,INC.,A Di s[oN of T 'ti hi;t SFECIAI.PFRm7 APPLICATION WMECO TowER#2288 COOPER STREEr PAGE 2 OF 15 PAGES B. Protect the scenic, historic, environmental and natural or man-made resources of the community; C. Provide standards and requirements for the regulation, placement, construction, monitoring, design, modification and removal of personal wireless service facilities and towers; D. Provide a procedural basis for action within a reasonable period of time for requests for authorization to place, construct, operate or modify personal wireless service facilities and towers; E. Preserve property values; F. Locate towers so that they do not have negative impacts, such as, but not limited to, visual blight attractive nuisance, noise and falling objects, on the general safety, welfare and quality of life of the community; G. Require owners of personal wireless service facilities and towers to configure them so av to minimize and mitigate the adverse visual impact of the facilities and towers; and H. Require the clustering and camouflaging of personal wireless service facilities and towers. Finding: Omnipoint's site search and selection process for a suitable wireless communications site is predicated upon the land use policy of the town as expressed here in §180-90. The proposed installation at this site meets the objectives expressed in this section, namely, minimizing adverse impacts to the character and appearance of the town as the facility is proposed to be located on an existing tower. The parking area along and near Cooper Street and the existing access will service the site. Applicant submits the proposal is appropriate and within the spirit of this section of the Bylaw and with the Bylaw in general in that the facility will be located on an existing tower. SECTION ISO-93. E"mPTED WIRELESS TELECOMMUNwATIoNs USES A. This article specifically exempts the following wireless telecommunications facilities: (1) Police; (2) Fire; (3)Ambulance and other emergency dispatch; (4) Citizens band radio; and (5) Amateur radio equipment and towers used in accordance with the terms of any amateur radio service license issued by the FCC, provided that the tower is not used or OMNMOINT HOLDINGS,INC.,A DwsioN of T••Al€bile SPECIAL Parr APPLICAuoN WMECO TOWER#2288 COOPER STREET PACE 3 OF 15 PAGES licensed for any commercial purpose and the tower shall be removed upon loss or termination of said FCC license. R No personal wireless service facility shall be considered exemptfrom this article for any reason whether or not said facility is proposed to share a tower or other structure with such exempt uses Finding: Omnipoint submits that the proposed facility is not exempt under the above guidelines. SECTION180-94. WIRELESSTELEcommumCATromOvERLAYDISTRICT(OTOD). A. Purpose. The Wireless Telecommunications Overlay District (WTOD) is intended to protect the scenic, historic, natural and other resources of the Town of Agawam while allowing adequate personal wireless telecommunications to be developed. Towers shall be located only within Wireless Telecommunications Overlay District(s) within the Town of Agawam by special permit. Wireless telecommunications facilities mounted on top of an existing building(roof-mounted), mounted adjacent to the side or rear of an existing building (side-mounted) or mounted to the facade of an existing building (facade-mounted) may be located within these district(s), but are also allowed in the rest of the town by special permit Finding: The selected parcel is not located within the above-cited Wireless Telecommunications Overlay District. However, the facility as proposed does not include a Tower as defined in the Code. Rather, the proposed facility is appropriately classified pursuant to Code Section 180-92 as a Structure Mount, to wit, "[a facility] mounted on a structure other than a building". Pursuant to Code Section 180-97 7 A, carriers are encouraged to locate facilities on existing utility poles among other structures. Moreover, pursuant to Section 180-97 7N, structure mount facilities are allowed to be located outside of the WTOD. SECTION180-95. PROYIS'IONOFINDEPENDENTCONSULTANM A. Upon submission of an application for any special permit under this article, the applicant shall pay a review fee determined by the SPGA, consisting of reasonable costs to be incurred by the SPGA for the employment of independent consultants. These consultants shall each be qualified professionals with a record of service to municipalities in one or more of the following: (1) Telecommunications Engineering (2)Structural engineering; (3)Monitoring of electromagnetic fields; and • (4) If determined necessary by the SPGA) other relevant fields of experience as determined by the SPGA. OmNIHoINT HOLDINGS,INC.,A alvoioN of T•-Mobi[o SPECIAL Pmmu APPLICATION WMPCO TowER#2288 COOPER STRFE7 PACE 4 of 15 PAGES B. The SPGA shall select the independent consultants) after consultation with the Board of Health and the Conservation Commission and the Department of Public Works, each of which shall propose a list o f qualified candidates. Finding: Applicant agrees to pay a reasonable fee for the above-described services. SEmoN I80-96.APPLICATIoN REQuiREMENT& No personal wireless service facility or tower shall be erectedy constructed or installed or undergo Major Modification without first obtaining a special permit from the SPGA in accordance with the requirements set forth herein. Finding: Applicant submits that the accompanying documentation meets all requirements for issuance of a Special Permit for Major Modification of an existing tower,should the SPGA find that the proposal is in fact such a modification- A. Adequate coverage, adequate capacity and justification of need for personal wireless service facility and/or tower. (I)Sites in which applicant has legal or equitable interest. (a) The applicant shall provide written documentation of any facility site(s) in Agawam and any sites in abutting towns located within eight miles of any boundary of the Town of Agawam in which it has any legal or equitable interest, whether by ownership, leasehold or otherwise. For each such facility.site, it shall demonstrate with written documentation that this facility site is not already providing or does not have the potential by adjusting the site to provide adequate coverage and/or adequate capacity to the Town of Agawam. The documentation shall include,for each facility site listed: [11 The exact tower location (in longitude and latitude, to degrees, minutes, seconds); [2] Ground elevation above mean sea level at the tower location; [3]Height of tower or structure; [4] Type, manufacturer and model number of antennas; [51 Antenna gain; [6]Height ofantennas on tower or structure; [7] Output frequency, j$]Number of channels; [9]Power input; and [10]Maximum power output per channel. Finding: The Town of Agawam has allowed Wireless Towers in only four areas within its borders. The eight-mile radius requirement is inconsistent with the operational OMMPOINT HOLDINGS,INC.,A DivisloNof T•-1lobile- SPFCIAL PERMIT,diPPLICAl'ION WN ECO Towr:R#2288 COOPFR STREET PAGE 5 OF 15 PAGES parameters of Applicant's PCS equipment. (See Tab 5 Affidavit of Radio Frequency Engineer). It is assumed that this subsection was drafted to include not only limited- reach PCS signals but signals of those carriers whose frequency enables broader coverage and in whose case the radius may apply. (b) Potential adjustments to these existing facility sites, including changes in antenna type, orientation, gain, height or power output shall be specified. Radial plots from each of these facility sites, as they exist and with adjustments as above, shall be provided as part of the application. (2) Sites in which applicant has no legal or equitable interest: (a) The applicant .shall demonstrate with written documentation that it has examined all existing facility sites located in Agawam and any sites in abutting towns located within eight miles of any boundary of the Town of Agawam in which the applicant has no legal or equitable interest, whether by ownership, leasehold or otherwise, to determine whether the existing facility sites can be used to provide adequate coverage and/or adequate capacity to the Town of Agawam. The documentation shall include,for each existingfacility site examined. [1] The exact tower location (in longitude and latitude, to degrees, minutes, .seconds); [2] Ground elevation above mean sea level at the tower location [3]Height of tower or structure; [4J Type, manufacturer and model number of proposed antennas; [S]Proposed antenna gain; [6]Height ofproposed antennas on tower or structure; [7] Proposed output frequency; [8]Proposed number of channels; [9]Proposed power input; and []OJ Proposed maximum power output per channel. (b) Radial plots from each of these existing facility sites, configured as documented above, shall be provided as part of the application. Finding: The Town of Agawam has allowed Wireless Towers in only four areas within its borders. Omnipoint is located or approved on towers at all four areas, i.e. the South End Bridge tower, Oak Ridge Country Club, Provin Mountain and the facility across from Six Flags Amusement Park. Coverage from all existing facilities does not fill in the gap in coverage that still exists in the town. The eight-mile radius requirement is inconsistent with the operational parameters of Applicant's PCS equipment. (See Tab 5 • Affidavit of Radio Frequency Engineer). It is assumed that this subsection was drafted to include not only limited-reach PCS signals but signals of those carriers whose frequency enables broader coverage and in whose case the radius may apply. OMNU"W HOLDU4GS,INC.,A DrvnoN oI:T Mob i!� SPECIAL PERMIT APPLICATION WMECO TOWER#2288 COOPER STREET PAGE 6 of 15 PAGES (3) The applicant shall demonstrate with written documentation that it has analyzed the feasibility of repeaters in confunction with all existing facility sites listed in compliance with the sections above to provide adequate coverage and/or adequate capacity to the Town of Agawam, Radial plots of ail repeaters considered for use in conjunction with these facility sites shall be provided as part of the application. Finding: Applicant does not employ repeater technology in establishing its network. B. Required documentation for personal wireless service facility and/or tower. The applicant shall include reports prepared by one or more professional engineers, which shall demonstrate that the personal wireless service facility and tower comply with all applicable standards of the federal and state governments, more specifically: Finding: See RF Affidavit at Tab 5 and FCC License at Tab 4. (1) Copies of all submittals and showings pertaining to: FCC Iicensing, environmental impact statements, FAA notice of construction or alteration, aeronautical studies and all data, assumptions and calculations relating to service coverage and power levels regardless of whether categorical exemption from routine environmental evaluation under the FCC rules is claimed Finding: See RF Affidavit at Tab 5 and FCC License at Tab 4. (2)Copies of all information submitted in compliance with requirements of Maysachusetts Department of Public Health, 105 CUR 122 Fixed Facilities "ich Generate Electromagnetic Fields in the Frequency Range of 300 khz to 100 ghz and Microwave Ovens, or any revisions thereof as the Department of Public Health may, by written notice, create. Finding: See RF Affidavit at Tab 5 and Department of Health Notice at Tab b. (3) The exact legal name, address or principal place of business and phone number of the applicant. If any applicant is not a natural person, it shall also give the state under which it was created or organized (4) The name, title, address and phone number of the person to whom correspondence or communications in regard to the application are to be sent. Notice, orders and other papers may be served upon the person so named, and such service shall be deemed to be service upon the applicant i (5) Name, address, phone number and written consent to apply for this permit of the owner of the property on which the proposed personal wireless service facility OMNIPOOINT HOLDINGS,INC.,A DIVL oN OF T-•Mobile, SPEUAL PERMIT APPLICATION WMECO Towi,.R#2288 COOS STREFI' PAGE 7 OF 15 PAGES and/or tower shall be located or of the owners) of the tower or structure on which the proposed personal wireless service facility shall be located Finding: See Application at Tab I, Owner Authorization at Tab 2 and Plans at Tab 7. (6)Required plans and engineering plans, prepared, stamped and signed by a professional engineer licensed to practice in Massachusetts. (Note: Survey plans shall also be stamped and signed by a professional land surveyor registered in Massachusetts.) Plans shall be on sheets 24 inches x 36 inches, on as many sheets as necessary and at scales which are no smaller (i.e., no less precise) than listed below. Each plan sheet shall have a title block indicating the project title, sheet title, sheet number, date, revision dates, scale(s) and original seal and signature of the professional engineer and other professionals who prepared the plan. (7) the applicant shall, as part of its application,provide the SPCA with the following plans and maps: (a) Proposed site plans. [1] Proposed facility site layout, grading and utilities at a scale no smaller than one inch = 40 feet (1:450 or metric equivalent 1:500) showing the entire vicinity within a radius of 400 feet of the tower site, with topography drawn with minimum of contour intervals of two feet(0.6 meter). j21 Proposed tower location and any appurtenances and accessory buildings (communication equipment shelter or other). Indicate property boundaries of the Overlay District and setback distances to the base(s) of the tower and to the nearest corners of each of the appurtenant structures to those boundaries and dimensions of all proposed improvements [3] Limits of areas where vegetation is to be cleared or altered and justification for any such clearing or alteration. [41 Plans of proposed access driveway or roadway and parking area at the facility site. Include grading, drainage, traveled width. Include a cross section of the access drive indicating the width, depth ofgravel,paving or surface materials. (h) Proposed tower and appurtenances. [1] Plans, elevations, sections and details at appropriate scales but no smaller than one inch = 10 feet. [21 Two cross-sections through proposed tower drawn at right angles to each other and showing the ground profile to at least 100 feet beyond the limit of OmmpoiNT H{aLmN S,INC.,A DngRoN of T--Mr)bde Spr-cLkLPERmu AppttcAr]oN WN11ECO TowhR#2M COOPER STREET PAGE 8 OF 35 PAGES clearing. Indicate proposed spot elevations at the base of the proposed tower. Dimension the proposed height of the tower above average grade at tower base. Indicate the maximum allowable structural height of the tower after addition of any modular sections. Show all proposed antennas, including their location on the tower. [3] Details of typical tower foundation, including cross sections, and details. Show all ground attachments, specifications for anchor bolts and other anchoring hardware- [4]Detail proposed exterior finish and camouflage of the tower. [5] Indicate relative height of the tower to the tops of surrounding trees as they presently exist. (c) Proposed communications equipment shelters. [1] Floor plans, elevations and cross sections at a scale of no smaller than 114 inch =one foot(1:48) of any proposed appurtenant structure. [21 representative elevation views, indicating the roof, facades, doors and other exterior appearance and materials. (d) Proposed equipment plan_ [1J Plans, elevations, sections and details at appropriate scales, but no smaller than one inch = ten feet. [21 Number of antennas and repeaters (if any), as well as the exact locations of all repeaters (if any) located on a map, as well as by degrees, minutes and seconds of latitude and longitude. [3]Mounting locations on tower or structure, including height above ground. [41 Antenna type(s), manufacturer(v), model and number(s). [5J For each antenna, the antenna gain and antenna radiation pattern. [61 Number of channels per antenna,projected and maximum, [71 Power input to the antenna(s). [8]Power output, in normal use and at maximum output for each antenna and all antennas as an aggregate. OMN INT HOLDINGS,INC.,A DIVISION OF T--Mohi 14�- SPECIAL PEIZMIT APPLICAnoN WMECO TOWER#2288 COOPER STREET PAGE 9 OF 15 PAGES j9J Outputfrequency of the transmi Her(s). Finding: Applicant submits that the plans accompanying this application provide sufficient detail for Applicant's project, which is of significantly lesser scope than a full tower application. See Plans at Tab 7. C Application requirements far roof-mounted, side-mounted and facade-mounted personal wireless service facilities. The use of repeaters to assure adequate coverage or to fall holes within areas of otherwise adequate coverage, while minimizing the number of required towers is permitted and encouraged (1)Applicants shall provide the following information: (a) The exact location (in longitude and latitude, to degrees, minutes and seconds), as well as by street address or pole number(if applicable); (b) Ground elevation; (c)Proposed output frequency; (d)Proposed number of channels; (e)Proposed power input; and (f) Proposed maximum power output per channel. (2) Name, address, phone number and written consent to apply for this permit of the owner of the property on which the proposed facility shall be located. (3) Proposed site layout, grading and utilities at a scale no smaller than one inch = 40 feet (1:480 or metric equivalent 1:500)showing the entire vicinity within a radius of 300 feet of the site with topography drawn with minimum contour intervals of two feet(0-6 meter). (a) Proposed facility location and any appurtenances, if any, and any accessory building (communication equipment shelter or other). Indicate property boundaries of abutters within 300 feet of the facility, and dimensions of ail proposed improvements; (b) Limits of areas where vegetation is to be cleared or altered and justification for . any such clearing or alteration; and OmNu�oiNT HOLDrNGs,INC.,A aFASIoAI of T-41obile- SPECIAL Prywrr APPCICATlON WMECO TOWER#2288 CooPER STREET PACE 10 OF 1.5 PAGES (c) Plans of any proposed access driveway or roadway and parking area at the site. Include grading, drainage, traveled width. Include a cross section of the access drive indicating the width, depth of gravel,paving or surface materials. Finding: Applicant submits that the enclosed plan meet all applicable requirements for a project of the proposed nature. See Plans at Tab 7. SECTION 1 Sa-g7. GENERAL REQUIREMENTS. A. If feasible,personal wireless service facilities shall be located on existing structures, including, but not limited to, buildings, water towers, existing telecommunication facilities, utility poles and towers and related facilities, provided that such installation preserves the character and integrity of those structures. Finding: Applicant is proposing to locate a facility on an existing structure. This meets the stated objective of this portion of the code. B. Only freestanding monopoles, with associated antenna and/or panels, shall be allowed as specified in this section. Lattice--style towers and facilities requiring guy wires and/or three or more legs for support are prohibited. C. If the applicant demonstrates that it is not,feasible to locate on an existing structure, personal wireless services facility shall be designed so as to be camouflaged to the greatest extent possible, including, but not limited to: use of compatible building materials and colors, screening, landscaping and placement within trees. One week prior to and one week following the public hearing a balloon shall be put in place at the height of the proposed tower. The balloon shall be of a size and color that can be seers from every direction for a distance of one mile. D. A special permit shall not be granted for a tower to be built on speculation. If the applicant is not simultaneously installing a personal wireless service facility on the tower, it shall provide a copy of its existing leaselcontract with a personal wireless service provider. Said provider shall provide all necessary data to comply with the terms of this article, as part of the applicant's application for a personal wireless service facility and/or tower or the special permit shall not be granted. Finding: As Applicant is not proposing anew tower, the above sections of the code do not apply to the proposed facility. E. Tower(s) shall minimize, to the extent feasible, adverse visual impacts on the environment. The SPGA may impose reasonable conditions to ensure the result, including, but not limited to requiring the use of camouflage, painting lighting standards and screening_ OMNIPoiNT HoLDiNGs,INC.,A DfviSTON OF T•41{1bh- SPECIAL I CRm r Apr-ucAnON VVXMCO TOWER#2288 COOPER SI'REJ7 PAGE 11 OF 15 WAGES Finding: Applicant is proposing a minor addition to an existing utility pole that will remain well below the maximum allowable height. The additional visual impact will be negligible. See Tab 3 for a Photograph of an existing similar facility. F. When a personal wireless service 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 buildings silhouette. Personal wireless service facilities which are side mounted shall blend with the existing building's architecture and if over five square feet shall be painted or shielded with material which is consistent with the design features and materials of the building. G. A vegetated buffer strip of undisturbed trees of an adequate depth to screen the facility and no less than 20 feet shall be retained as close to the tower as possible. H. The tower and communication equipment shelters) shall he completely fenced for security within a gated area no greater than 10,000 square feet, with fence height limited to six feet Use of razor wire is not permitted; I. There shall be no signs, except the following: a sign no greater than two square feet indicating the name of the personal wireless service .facility's owner(s), and a twenty-four hour emergency telephone number shall be Posted adjacent to the entry gate. In addition, No Trespassing or other warning signs may be posted on the fence. All signs shall conform to the sign requirements of this chapter. Finding: Applicant contends that the submitted application meets all of the above regulations that are applicable to the proposal as presented. J. New towers shall be the lesser of 190 feet; or the minimum height determined by the independent consultant(s) to provide the applicant adequate coverage from the personal wireless service facility(5) proposed for use on the tower. Side- and roof- mounted personal wireless service facilities shall not project more than 10 feet above the height of an existing building nor project more than 10 feet above the height limit of the zoning district within which the facility is located. Personal wireless service facilities may be located on a building that is legally nonconforming with respect to height, provided that the facilities do not project above the existing building height_ New antennas located on any of the following structures existing on the effective date of this article shall be exempt from the height restrictions of this article, provided that there is no increase in height of the existing structure as a result of the installation of a personal wireless service facility: water towers, guyed towers, lattice towers, fire towers and monopoles. New antennas located on any of the following existing structures shall be exempt from the height restriction of the article, provided that there is no more than a twenty foot increase in the height of the OMNEaOINT HOLDINGS,INC.,A DAgSION OF T fr bi}r. SPEC[AL PERMIT ArrLIcATForJ VVNMCO TOWER#2298 • COOPER STREET PAGE IZ of 15 PACES existing structure as a result of the installation of a personal wireless service facility: electric transmission and distribution towers, telephone poles and similar existing utility structures. Finding: Applicant's proposal meets all applicable height regulations. IC•In order to ensure public safety, the minimum distance from the base of q telecommunications tower to (i) any property line and/or street, and(ii) all buildings on the subject property occupied on a regular basis, shall be a minimum of(a) 260 feet, or (b) one and one-half(1 112) times the height of the facility/mount, including any antennas or appurtenances, whichever is greater. Such minimum distance to all publicly owned parks and playgrounds shall be at least 375 feet. As used herein, 'publicly owned parks"shall not include any golf courses; and Finding: Applicant's proposal meets all applicable setback regulations applicable to an existing structure. L.To the extent feasible, all network interconnections to and from the telecommunications site and all power to the site shall be installed underground At the initial construction of the access road to the site, sufficient conduit shall be laid to accommodate the maximum possible number of personal wireless service providers licensed to provide services to the Town of Agawam and surrounding areas. Finding. Applicant will share the existing utility and access easements. M.Unless required by the Federal Aviation Administration, no night lighting of towers, or the personal wireless service facility is permitted, except for manually operated emergency lights for use only when operatingpersonnel are on site. Finding: Applicant's facility will not require modification of lighting as it presently exists at the site. N. No tower or personal wireless service facility, with the exception of roof-mounted, side-mounted facade-mounted or structure-mounted telecommunications facilities or repeaters, shall be located outside of the Wireless Telecommunications Overlay District(s). No tower or personal wireless service facility shall be located within any of the following prohibited areas: (1) Massachusetts or federally-regulated wetland i (2)Massachusetts certified vernal pool. OmNEPoiNT Hol.nrNcs,INC.,A DIVISION of T•-,MO led SPFZLkLPFRMPT AP1'LICA]'ION WMECO TOWER#2288 COOPERSI z' PAGE 13 of 15 PAGms O.A different existing structure or use on the same lot shall not preclude the construction and installation of a wireless telecommunications facility on such lot. If a tower and its equipment buildings are the sale use of the lot, the tower shall be deemed to be the principal use, otherwise, the use shall be considered accessory. Finding: Applicant's facility will not impact the existing conditions as originally approved in regard to the stated resources. SECTION190-98 E vAt uA VON B Y INDEPENDENT CONSM TA NTS. A.Upon submission of a complete application for any special permit(s) under this article, the SPCA shall provide its independent consultant(v) with the full application(s)for their analysis and review. B. Applicants for any special permits) under this article shall grant permission for the town's independent consultant(s) to conduct any necessary site visit(s). Finding: Applicant agrees to abide by the above requirement. SECTIDN 190-99 APPRD w cR1TERI4. A. In acting on any special permit application, the SPCA shall proceed in accordance with the procedures and timelines established for special permits in this chapter. The special permit granting authority may adopt and from time to time amend rules and regulations relative to the issuance of such permits and shall file a copy of said rules and regulations in the office of the Town Cleric B. In addition to the findings required in this article, the SPGA shall, in consultation with the independent consultant(s), make all of the applicable findings before granting the special permit, as follows: (1) That the applicant is proposing to locate its personal wireless service facility or tower within a Wireless Telecommunications Overlay District or other districts as provided by this article; (2) That the applicant is not able to use existing fowerslfacility sites in or around the Town of Agawam, either with or without the use of repeaters, to provide adequate coverage and/or adequate capacity to the Town of Agawam; (3) That the proposed personal wireless service facility/tower will not have an undue adverse impact on historic resources, scenic views, residential property values, natural or man-made resources; OMNIPOINTHOLDINGS,INC.,ADIMONCIFT 1iufi��<. SPF.C.'IALPERMIT APPLICATION WNfECO TewsR#2288 CCXDFER STREF"r PAGE 14 of 15 PAGEs (4) That the applicant has agreed to implement ail reasonable measures to mitigate the potential adverse impacts of the towers and facilities,• and (5) That the proposal shall comply with FCC 96-326 and any and ail other applicable FCC regulations regarding emissions of electromagnetic radiation and that the required monitoring program is in place and shall be paid for by the applicant. (6) Any decision by the SPCA to deny an application for a special permit under this article shall be in conformance with SEC. 332(47 U.S.C. Section 3321 J(7)(B)(ii), (iii) of the Act, in that it shall be in writing and supported by substantial evidence contained in a written record Finding: Applicant contends the proposed facility will not impact the existing conditions in regard to the stated resources. Further, Applicant submits that the associated documentation submitted with this application meets or exceeds all of the applicable regulation set forth above. SECrmN l RO-YOD. REMOVAL REQUIREMENT. A. Any personal wireless service facility (ground-mounted or otherwise) which ceases to operate for a period of one year shall be removed "Cease to operate" is defined as not performing the normal functions associated with the personal wireless service facility and its equipment on a continuous and ongoing basis for a period of one year. At the time of removal, the facility site shall be remediated such that all personal wireless service facility improvements which have ceased to operate are removed. If all facilities on a tower have ceased to operate, the tower shall also be removed, and the facility or repeater site, including any access road(s) which lead to that facility site from the main access road, shag be revegetated. If all facility sites have ceased to operate, the owner of the last personal wireless service facility to leave the site shall revegetate the access road in its, entirety. Existing trees shall only be removed with the written permission of the SPGA and only if the SPGA determines such removal of trees to be necessary to complete the required removal of personal wireless service facility(s). B. Removal performance guaranty. The applicant shall, as a condition of the special permit, post an initial cash bond in a reasonable amount determined and approved by the SPGA. This bond shall be in force to cover the costs of the remediation of any damage to the landscape which occurs during the clearing of the site and to cover the cost of the removal of the tower or facility from the site and remediation of the landscape, should the facility cease to operate. Finding: Applicant agrees to abide by all reasonable conditions imposed in this regard. OMNIPOINT 140U)NCS,INC.,A IlimoN OF T••Hol6Ire Spa:tAL PEftmrr APPLICATION WMECO TowER#2288 . COOPER STREET PAGE 15 OF 15 PAGFS SECTION 180-101. FEES AND iNsURANCF- Towers and personal wireless service facilities shall be insured by the owner(s) against damage to persons or property_ The owner(s) shall provide a certificate of insurance to the Planning Board on an annual basis. For towers and facilities located on property owned by the Town of Agawam, the Town of Agawam shall be an additional named insured. Finding: Applicant agrees to abide by all reasonable conditions imposed in this regard. ,SECTION I$O-102. NONCOMPLIANCE; VIOLATIONS;ENFORCEMENT;ATTORNEY'S FEES Upon determination that the applicant and/or owner has failed to comply with this article or is in violation of this article, and the Town of Agawam takes any action to enforce this article, bring the applicant and/or owner into compliance with this article, or to abate any violations under this article, the applicant and/or owner shall be liable and responsible to pay to the Town of Agawam all costs, expenses and reasonable attorney's fees for such action taken by the Town of Agawam. Failure to pay said costs, expenses and reasonable attorney's fees within 30 days of receipt of notice to pay the same shall be grounds for the revocation of any special permit issued in accordance with this article. Finding: Applicant agrees to abide by all reasonable conditions imposed in this regard. • z • • T OMNIPOINT HOLDINGS INC. 100 Filley Street, Bloomfield, CT 06002 860-692-7100 Fax:860-592-7159 June 9, 2004 Northeast Utilities Service Company Real Estate Department 300 Cadwell Drive Springfield, MA 01104 RE: Western Massachusetts Electric Company Pale#2288, Line#1781-82 -Cooper Street, Agawam, MA. Dear Ms. Charest: Thank you for discussing the possibility of putting Omnipoint Holdings Inc.'s telecommunications equipment at the above-referenced location. Since the permitting and leasing process will take time, I would like your permission to proceed with the permitting and engineering portion on the assumption that our negotiations will be successful. All costs associated with this process will be at Omnipoint's sole expense, regardless of the outcome of our lease negotiations. Please sign in the space provided below and fax to me at(860)692-7159 at your earliest convenience. A copy of this letter shall be regarded as having the same effect as the original. Thank you for your cooperation and attention to this matter. Sincerely, Tim Parks AGREED AND ACCEPTED: By: _ rf-, 13arbara L. Charest Title: Real Estate Analyst Company: Northeast Utilities Service Company As Agent for Western Massachusetts Electric Company Date: June 9, 2004 3 4-mnipoint Holdings, Inc., a division of . � -Mobile Project Narrative Description Logs: The subject site will function as a wireless telephone communications site within a local, regional and national communications system. This system operates under license from the Federal government, specifically the Federal Communications Commission (FCC), and is mandated to provide service to the general public to operate, in effect, as a public communications utility. In summary, this proposed installation would consist of the addition of a set of PCS antennae onto an existing 11 0-foot tall utility tower owned by Western Massachusetts Electric Company (WMECO) and identified as Pole # 2288, Line #1781-82 and placing three (3) associated electronic equipment cabinets —known as BTS units—within a landscaped and fenced compound at the base of the tower. The facility is located in a field off of Cooper Street near Mill Street and Route 57 in the central part of Agawam. PROPOSED ADDmoN TO APPROVED FACIEixry-. There is a utility tower existing at the site that is approximately 110 feet tall with WMECO power lines affixed thereto. T--Ivlobile= is proposing to install an array of panel antennas on a "pipe mount" affixed to the top of the tower at the 120-foot level' along with computer equipment to be placed at the base of the tower within a fenced compound. The accompanying plans included at Tab 7 provide detail of the location of the proposed and existing antenna and computer equipment. BTS UNIT: T- -Mobile's three (3) radio control cabinets will be located inside a fenced-in area near the base of the existing utility pole. The approximate dimensions of the BTS unit are seventy-one (71) inches tall, fifty-two (52) inches wide and twenty-eight (28) inches deep. The units will be placed on a pre-cast concrete pad with dimensions of six (6) feet wide by six (6) feet long by eight (8) inches high. Electric connections will be made from the BTS unit to utilities that already exist at the site. The "rad center" or centerline of the antennae is proposed to be located at the 117' level. The 72" antennae will extend approximately 3 feet alcove and below the rad center. `therefore the top of the antennae will be at approximately 120'AGL(above ground level). OMNUIDINT HOLDINGS,INC.,A DIVISION of T•.-Mobilew PRoJBcr NARRATM DmmjF loN WMECO UTILITY POI.B#22+88-COOPER Srlar PAM 2 of 2 PAGES SffE FEATUREs: The proposed T--Mobile installation will not produce any noise or hazardous waste. The facility is unoccupied and will be visited only once a month for the first six months by a technician. Maintenance visits after the initial six months of operation are intermittent. There will be no change in circulation patterns within the surrounding area and the proposed T• -Mobile facility will not impact pedestrians. The proposed use of the site as a wireless telephone communications site will not create sufficient demand for the addition of new parking spaces since site visits, as noted, will be infrequent. Neither land nor water resources are affected by this construction. No effluent or emissions occur as a result of the cabinet and antenna equipment installation and operation. Air quality is likewise unaffected. The transmission of radio waves will not disturb other radio transmission or reception devices,as regulated by the FCC. The T•-Mobile, installation does not require sewer, water, drainage or other utilities save for electric and telephone service. The communications installation will not burden municipal services such as police, fire or the school system. T••Mobile= personnel at regional switching stations will monitor the BTS equipment cabinet for malfunction or tampering. ' ,ill ! � r L1 /j F�'? P I 1 t t og' .�(M1 {� f j :• � � �`�'' < '�ti 7��-."�•'.,'}ri,'t� � } � �/�/�s�i��:c��'�:S�Ar��l Il�� 'i -��7�`1 ��'.L• ;��,1��;_`�/,:r�;•� ��,. -.'+a" �' � '� ��: ! .}� �!�.t•}K % �-:+�rTj- r ,`.. ."a• �C•r� �",��.;��tly�S��y .�.� •T� %i►•".-a` '�`!', ''i�/• '� e �, { � '- [. �.�. rp ! 'i'I.} �a19�f :/" �•r�+,rj = - 'Y r.�`�,-`? �t�,�.I7, {it ; a s t �. ice' �t'dr.^► �r awl or lie �y r � 4•� •^� \ V s' Nl a Co. �� Y l I Tl i ............... JI U1.S License - mZ5.iroaabanCt IACenSe - W YVf ZY+o - V O1Ce Aream v01-vIL tLL' f Ui c. ULS License PCS Broadband License - WPO3846 - VoiceStream GSM III, LLC Call Sign WPO3846 Radio Service CW - PCS Broadband Status Active Auth Type Regular Market Market BTA427 - Springfield-Holyoke, Channel Block C MA Submarket 0 Associated 1895.00000-1910.00000 Frequencies 1975.00000-1990.00000 (MHz) Dates Grant 06/30/1999 Expiration 06/30/2009 Effective 02/22/2001 Cancellation Bulidout Deadlines 1st 06/30/2004 2nd 06/30/2009 Notification Dates 1st 2nd Licensee Licensee ID L00132196 FRN 0001542307 Type Limited SGIN 000 Liability Corporation Licensee VoiceStrearn GSM III, LLC P:(425)378-4000 12920 SE 38th Street F:(425)378-4040 Bellevue, WA 98006 E:dan.menserOvoicestream.com ATTN Dan Menser contact Qualifications, Ownership, and Demographics Radio Service Type Mobile Regulatory Status Common Carrier Interconnected? Yes Alien Ownership The Applicant answered "No" to each of the Allen Ownership questions. Basic Qualifications The Applicant answered "No"to each of the Basic Qualification questions. Tribal land Bidding Credits This license did not have tribal land bidding credits. Race American Indian or Alaska Native Hispanic/Latino? Gender http://witeless2.fcc.gov/UlsApp/UlsSearch/license.isp?licKey=210415&printable 5/20/2004 PCS Broadband License - WP01846 - VoiceStream GSM III, LLC ULS-GIS Bennington Windrwrn Cheshiro� Map Options Map "— Layer Legend Visible Labeled Sele, Name use, Streets \ c: Counties Q r r BTA MTA Berkshire Worcea.er 4 ; CINA r r BEA r MEA Q r r EAG �I r r am REA �� r r r VPC r r RPC f r Litchfield Hartford Tolland USA Fl W Windham Worldl F11- F- Apply Cancel 0 20,000 m View Data Table CLOSE VANDO W • /ULSearchG' jsp;jscssiOnid=Asl�9R$uicg23a9donPwBV]Qb2Xc}AvBhngiFIEguG3nfIV]Xm S/24/2004 • 5 AFFIDAVIT OF ANIIR UZZAMAN, RADIO FREQUENCY EXPERT I, Amir Uzzaman, being first duly sworn, hereby state the following in support of the need for T-Mobile Wireless to locate an antenna array on the proposed telecommunications facility with necessary accessory equipment on the site within the proposed fenced compound (the "Project") as proposed by T-Mobile, located at Cooper St, Agawam, MA (the "Site"). The facility will include on a proposed 10-foot extension on an existing 110-foot utility pole tower with an antenna array placed at 117-foot. T-Mobile will construct a facility, which includes (3) panel antennas and related BTS equipment in the town of Agawam, MA. 1. I am a Radio Frequency Engineer employed by T-Mobile. I am responsible for radio frequency engineering, design and optimization in Massachusetts. 2. T-Mobile is a communications venture committed to providing wireless personal communications services (PCS) using Global System Mobile Communications (GSM) technology. GSM technology is a new generation of wireless service that uses digital transmission to improve the services available. I In order to meet its obligations under the radio license T-Mobile purchased at auction from the Federal Communications Commission (FCC), T-Mobile must have in place a system of "cell sites" to serve portable wireless communication handsets and mobile telephones. These cell sites 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. The antenna feeds the radio signal received from mobile receivers (such as telephones) to equipment located in the cabinet and to ordinary phone lines from which the transmission may be routed anywhere in the world. 4. Cell sites are a vital and necessary part of the infrastructure in T-Mobile's network. To maintain effective, uninterrupted service to a mobile device user in a given area, there must be a continuous interconnected series of cell sites that overlap slightly in a grid pattern. Additionally, each cell site must be located within a limited area so that it can adequately interact with all surrounding cell sites and, thereby, provide reliable coverage throughout the cell. 5. In compliance with the requirements of the FCC license, T-Mobile is actively building its PCS network to provide coverage throughout Massachusetts. In order to meet its responsibility of providing seamless, uninterrupted service, T-Mobile must continue to acquire interest in sites for additional facilities, and is applying for and obtaining local governmental zoning approvals to construct the sites in order to eliminate gaps in service coverage. Any delays severely curtail T-Mobile's ability to satisfy both mandated time requirements, and to achieve a market position that will allow it to compete for customers . with other similar companies also issued licenses to operate in this area. . 6. Using precise computer prediction models, a wireless transmission facility at the Agawam would facilitate PCS communications for Cooper St, Agawam along Mill St, Suffield St, Henry E. B. Hwy and surrounding areas of Agawam. Other characteristics which combine to create a unique radio frequency site are the topography, an unobstructed line of site, and location; i.e., within the narrow search area specified by T-Mobile's service area computer model, which make it especially suitable for T-Mobile 's wireless telecommunications facility. 7. In my professional opinion, without a wireless transmission facility located at or very near the site, this area of Agawam not have adequate coverage, also there will be a substantial gap in T-Mobile's wireless PCS coverage. This gap would adversely impact the service T-Mobile is able to provide the residents of Agawam, drivers on Mill St, Suffield St, Henry E. B. Hwy and on the local roads. The result of such a gap would be an abrupt and complete loss of signal at the time the wireless receiver enters the gap area. The transmission is not restored when the receiver re-enters an area with adequate coverage. Rather, the communication must be reinitiated. Also, T-Mobile's customers attempting to utilize their telephones would not have enough signal strength to do so. 8. The Radio frequency exposure levels generated by the proposed facility are substantially below the applicable health and safety standards established by the Federal Communications Commission (hereinafter "FCC") and the Massachusetts Department of Public Health (hereinafter"DPH"). 9. The proposed wireless communications equipment will be installed, erected, maintained and used 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), Massachusetts Aeronautics Commission and the Massachusetts Department of Public Health. All equipment proposed is authorized per the FCC Guidelines for Evaluating the Environmental Effects of Radio Frequency Radiation. 10. Based upon the best radio frequency technology available to T-Mobile at this time, it is my professional opinion that the proposed project is at the minimum height needed to ensure adequate PCS service to area residents and business in accordance with system specifications. Executed this 10th day of January 2005. Amir Uzzaman Radio Frequency Engineer T-Mobile Wireless i ! Hampden SS Commonwealth of Massachusetts Subscribed and sworn to before me by AMIR UZZAMAN who acknowledged the above instrument as his free act and deed this loth day of January S e Simon]. . nti, Notary is My Commission Expires: /� r 'I ' INS �; 1 sm L/�lr , ME - '�off' _ ■ row r r� b 1 � CN �Y = i Ulu . rl!�. ima 13 cn El i 1 t I cdVM a �� w� �` rx � '- f tia The Cornmonweatth of Massachusetts Dep aM r it I'! Z♦I 1 / R ! 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R-A2 r - r LAATDS N/1 = ` i� ti "A;.In \ DRAWN 9Y: PAL jNALEC 1 9Lo 1 8 148� A I LOT:: 37 1 rAF Nil 1 ; ZONE R-AZ „Nasuxem cn,srm auaa CHECKED BY: RJT �oOl 3 1 , cdm.CR➢940+IUE {l acTF9 IN S•urTT<SJ we` SUBMITTALS 1 } Lim 't-02 smite Now 'Kc ZammQ g �( Lwrr ar A1aar r f1 �� , 4 , . s�E r FFnInL _ -J 4 �ETHIS DOCLUEN 2a. Is THE CRU PROPER TCCPYRIO+IEb MORK OFOK GNNIPM HofDONGS WG ANY PFJT701 CONSENT,s STRICTLY PRDM91TEL'` 'a-8- OWPLrCA11ON aR Use MAROUT E71PRM X 2Gr o' ACETR�FORE PURBPOSES EIMEWT PAMM\ � REGULATORY AND►A IlI STRATI I `1 '� FUNCTIONS IS SPECOYCALLY ALLONFD. n --' �ssf •' '� Llr fX-0`X fri•-0, LAT:<ate:aff N' k 2i0•_ "�.•r + � .� `�ti LFASr AREA WMEC—AGAWAM ILEV+%S&w lyi LAWcamoNu N/F I j o COOPER STREET t.BASE MAP PREPARED BY CLOUGH.HARMR k ASSOCIATES UP FROM A �`•`�_- ^� - kASSA �1'75� -� AGAWAM, MA Qi909 MAY 2004 FIELD SURVEY, ROUTE Si �' ZONING SUiiAYIARY TABLE 2 LARIUOEA.GNGt1UDE/ELEVATRONS xERE OBTAMFD V4WG CDO£BASED GPS REiLT1ENCED I •_�41 MmuQN1-ALTR ZdV AIxtICt1L711R TO RAW-NORTH HAMPTION OPW RASE STATION.U,TTTUOE/L 150E AAE R6ERENm 11 i_-��-^ AC 01 UAP. AA2 ry 4 oA rassanwsrm MAP kTr EA4pa a Lm 1 sEr Rru M RAU EJ MASSACN!l5ETT5 MAOILARRO ZONE,COCRDIMATES%MIK IF ANY.ARE vvRESSED PRCP4SW USE. R41E1£8S V%"MfCAnW FACUTY * AV US FEET.ELEVARDNS ARE REFERENCED TD NCYD 20.TOP OF STMXTUM HEIGHTS �.- As SHOWN.,F ANY,OEIET{VIINEO BY VERTICAL TINGLE OR Br ACTUAL LDCA7NAV. �_• DIMETMSTCN AEGUIREO MINIMUM EXISM9 PRDP06ED NOa gR1E,NTATIOM IS NORTH BASED ON GPS. �.-.. TOWER FRONT YARD SEIHAOR• 240 FT 406 FT N A * 4.WOULD DISCLOSE.STATEMENT OF FACT AN VP-TC-DATE ABSTRACT OF TIM SURVEY n �• TONIFA SIDE YARD SETBACK- 240 FT 25 FT IA•a0 FT N A 3.SWMECT SD ALL RIGHTS.EASEMENTS. COVENANTS OR RES"ClIoNs OF RECORD. •_� TONQR REAR YARD SEl$ACX* 2q0 FT 16 FT N A o s.umovbavjm UPLITTEA sTRUCTUREs AND FA€NJYlS STAVE e>E0I sNtlN11 FROM GRAPHIC SCAM EGU,PMENT FRONT YARD SEIVAM ND RE N A +02 FT �! SURFACE LOCATIONS AND MEAS,IRTJAENTS OBTARR[D FROM A FEID SURVEY, THF]REFORE 7NE1R LGCA71ON5 MUST BE CDNSK)ERETT APPROXIMATE DM.Y Te r » m 1>' EWIPYENT T SETBAGIP• NO RE EN7 N A 6 FT-7O FT . THERE NAY BE OTHER UT0711M WH1-THE EXISTQJJd OF ARE NOT KNOWN.'s E41RPYENT REAR YARO SETMACP. NO REDWREAIENT N A TB FT MIN TYPE Aa1b LOCATIg1 OF ALL U7{L[flEs ANO STRUCTURES.57 HE VVWE0 by SNE£T MINBER 7- PROPER AUTHORITIES PRIOR TO ANY AND ALL CONSTRUCTION.CALL 0109AFE PRIOR MAXIMUM STRUCRIRE HEIGHT ,90 f'1` 1f0 F7 1to '7 0 7.TTO ANY gGW 00C VArON WAS 1ri1T PERFORMED 9Y CLafON,HAA80ERl! a Pw] Twx owl" MAXIMUM SITIVC7URE EXTENSION TO FT N A 10 i7 o AS5OCTA7ES•LLP IN CON"X-71PN+AYH THE PREPARATION OF Ras SITE. T •TGRFR 20 rT. r5 THE GREATEN OF 7SQ FT OR 1.5%TONER Hf1CNT. j 0.5lARVETED PARCEL APPEARS TD FALL%,MIN ZONE C: 'AREAS OF MIMMAL FLOOD(W AS Sim %slay + !0 Y R�S . r!� R2ERDM RA L.,SE 294 F7 SHOWN ON FLOOD INSURANCE RATE MAP: TOM OF AGAWAM-CAMMUM?Y PANEL SCHt ,••3% C.-f "01Mp4FONs IAF.ARIRED FROM RAPID BASE STATION CABINET 1T)NEAREST LOT LINE. LLL�� NIAMER M%33 0002 A PAGE 2 OF 2. 11 , PRgHpSaD TO-0' DUDE / T 3 P ANY NERAL NOTES ONINIPOINT AGLISS gIP1wmY Z-1 RAD C£TVTET? flr-0 ACE HOLDINGS,INC. t SL9ACEb lN1H / 1.. THE TYPE,pMENSON�NOJHIING HARDWARE.AND POSITIONS OF AUIES'$EE/tlCEtiSEE 4 WN4U.Y-0OWNED 511HSIDUIfiY G Af.7L� EQUIPMENT ARE SHOW lH RLU9TRAnVE f'A9MON. THESE DRAWING$ARE NOT OR 7-MOBILE USA,INC. INYthIDED FOR CONSTRUCTION.ACTUAL HARDWARE LIETAIlS AND FINAL LOCATIONS MAY �L* T AN7AWAS 0010 SLIGHTLY FROM WHAT IS SHOWN. 109 TiLLET STREZ[ Z-T / (J ANM WAS 1p7A4 2. 714E EESSEEMCENSEE P S FACUTY 15 AM UNMANNED PRIVATE A.MO SECURED EwtPMENT RLD WELD, CT 066002 6 TMA'S PD7 51�C7m INSTALLATN7N. IT IS ONLY ACCESSED BY TRAINED TECHNICIANS FOR PERIODIC ROUTINE OFFICE: (860)-692-710D 00LOKE S O GA!lam - 1,8 70T MAINTENANCE AND THEREFORE DOES NOT REQUIRE ANY WATER OR SANITARY SEWER fAX- (666)-682-T1S9 4 DGJBIE SIfAVC G,1 /,�5ED Ibpjm& A� SERY)CE. THE FACILITY IS NOT GOVERNED 9Y REGIILATTONS REWRINC PUgUC ACCESS \ 1EED' €CABNFT PER ADA REQUIREMENTS 3. THE LESSEE/UCENSEE BASE TRANSMISSION STA710M[BTS)CABINET 15 A WEATHER RESISTANT, YANOAL RESISTANT Sip.CABINET CONTAINING RECTIFIERS,AMPLIFIERS,RADIOS,AND OTHER ' PRpA0.5ED SAT7E11Y lam I INTEGRATED ELECTRONIC CONTROL EQUIPMENNT. THE BTS IS D"ROMAENTALLY CONTRDIJ.ED !�� 1 CPS CN A J=0" MAST EXlE7ISTGW BY A SELF-CONTAINED AC-POWERED HEATING AND COOLING 5YSTEII USING CFC-FREE pAq p 1 1 `X 4'-0'CLWCRE7F PAO / THEHiru TRANSFER cawPouN9s u,wuFACTVRER's g�EcmcAnpNs IHpccATE THAT AT . FULL LOAD CONDITIONS,MATOMUM ACOUSTICAL NOISE LEVELS ARE 5008(A)AT A DISTANCE Gllu/A AZ_ 0 OF J METERS(10 fF_n AND iQ OB(A)AT A INSTANCE OF 9 DETERS[30 fEETI BATTERY iAl �!7 BAG91P FOR EMERGENCY STANDBY POWER IS CONTAINED WITHIN THE SEALED STS CABINET (1 P1RY.7PV0.�v PRLWOSM 13=0" , AND CONSISTS OF FOUR 12-VOLT.CLOSED-CELL DC BATTERIES THE BATTERIES ARE JG1Sr EX7F CE1I ioF r Acaw d / j LFa,O-AGO RECHARGEABLE STANDBY INDUSTRIAL POWER EST I IL MANUFACTURED TO MEET CL.OLIOH. HAR13OU14 ENVv OMNETNTAL QUALITY Am RIUGGEONESS STANOAROS OF THE INTERNATCNAL AR EM ASSOCIATES LLP 6 TVA:S PER S£CXW) U711/rr£4S81IE1Pr TRAN"T ASSM41TON(IATA). THE BATRAY CHARGING SYSTEM M COMPUTFF-CONTROLLED ,mac . APB , AND THE EQUIPMENT CABINET IS REMOTELY MONITORED AT LES!EE/UCENSEE NETWORK OPERATIONALPHA AZ- .90 & A, TIE DESIGNS OF THE ANTENNA CENTER RMOUN7NYC HAapWARE C! FAULTS AND ALANWAS =,� ..Al r_=' Y Doer wu�cr NH1pAT MEET (T PRLWoSED PRp°QSEp GOAATAL - RCN T A 2EFV ETAL siM �S �` A dN H STAVU OaDC R WRlAemS LE CONSTRUCTION mSr DOMYStOV CAERUV LV�F DRAWINGS AND STRUCTURAL CALOULATGNS FOR THE MTING ARTTFNNA SUPPORT 6 III HAS PEX.sEcrLW) CA" 5i95�' f '� EXISTING DIY: WWTHu BL D&W PERMIT APPFLP WILi,BE PREPARED CAF l FOR RENEW AND A REGISTERED SIAPPROVAL BAY TTHEER�LOCAL SUBMITTED 1RARSW ARII TOYTDN CODE ENFORCEMINT OFFICIAL I� /L 7L ONCE THE FACILITY BECOMES MADIIENARCE BY LE35EEAlCF]iSEE TEGNEQANS'1ALLY HRPERFTORMED QII MA MOfITHAL AND Y BA9EREFDRL THE PET`\ 7RlPM TY{3E10ER0 ATSONRAIE{AOAn tl RATE IS 2 TRIPS PER MONTH. THE AVERAGE DAILY EnsnNc \ rovµi[svlssoN �_ \ PER COMIAL fm klvNiE,ICEASTAANDARDS 0 MRELf."CCA1MlRLICATTICKS SYSTEMS RED TLXI N5EE FFJJ , IMPLEMENTATION REDS DEPLOYMENT OF EQUIPMENT AND ANIVANAS LYNQULLY DEPICTED ON p�� qq \ C Or N�1T5rN1YC IHR PLAN.ATTACHED TO OR MOJHT{A N 0.OE;F PROTOMITY TO IEIE BT$RADIO CABFIETS T7U.'W 1� LESafJ:/LICtT15Ef RESERVES 7NE PoQIT 70 MANE XEASdiABLE MOpF10AT10N5 TO Ey11 1 ,B 7RAN5NIS9W TLTITEJP EQUIPMENT ANO LOCATION AS TECHNOLOGY EVOLVES 70 MEET REOISRm SPECP+CA TWINS. .Gt T. PERLIMNFNT STANDBY EMERGENCY POWER WILL NOT BE U71LPZED BY LESSEE/L10ENW_ IF NECt SSART DURING AND EXTENDED POWER OUfACW_A PORTABLE EMERGENCY RGENCY CORErIATOR WILL ETV UEE-D TO PRONVE TEMPORARY EMERGENCY BACK-UP POWER. THERE iS NO ON-SITE BULK 210' — ~—v—^165�—a S3 / QV A'?'� NIdOEM'l� STORAGEIY FLAMMABLE OR CaIBvsTiH1.E PLUSFOR MERATIHG An E1AEp4ENCY cPNERATOR �VAt PA07°OtxED rADPWra CPS d G�i/ r J b �1?G+IMW7 e!BAr)E?Y IA THE TOTAL IMPACT AREA d THE psFURREn CONSTRUCTION 511E IS BOUNDED BY THE�UNNI ANTENNAS A10UNTE71 �.4 I R b H.,ISE UIVT, C1h7 B-U'X OF WORN AS SlOIW HEREON. SQUARE RE FEET. AREA R mT*M ACE WITHIN iFE LIMDR T OF 70 TO"25,A,� n b �� WCIT(IS APTHRESHOLD 10,800 SQUARE FEET. THE PROJECT NU 2.1 AREA IS BELOW rV A 140 41'X P157-PAD$NW 15 NO TON THRESHOLD OF RT•SBQ SQUARE I IPA OR TA PM75 G T22-+2a AND THQNFFORE R 1$NOT SUS.ECT fi REGUSATDN L71DER TFi€EPA dT SYtTE-WNAGFD NP4f5 GENERAL APaxtlVALs L 15=0'X f5'-0�fEM6lD 1 PRL�C15�r A�L74Tl,%W AAA- CONSTRUCTION PERMIT PROGRAM. THE LEMIIER THAT GOES GENERAL CONTRACTOR LIMIT SHALL LTAHOU(T ALL SITE DfVELOPIENT WOtOf IN A CANNER THAT!IONS NOY ET[CEED THE 1H11R$OF 150FTK L,A}g1L9RD SHOWN ON 711E PLAW AOWONALLY,THE LCSSEE/LlCENSF]E GENERAL CONTRACTOR SHALL STIAVF W aEFD BLOLDk' EI' CONDUCT ALL,CONSTRUCTION ACTVITES IN A MANNER THAT DOES HOT RESULT IN STORM WATER DISCHARGES WITH AM ADVERSE IMPACT ON ANY STORM WATER COLLECTION/00MVEYANCE SYSTEM. Lehwilc FA�47C 7 ST9W/G PRp�pyED 6 0" PR7LSfA fps d WETLARO.WATER BODY,ON OTHER WATER RESOURCE ARCAS �_- — �.- _ fMLEI CNAlA7lA91C Gyy lt7Vd'"IWIff A00YNMV 70 TOME? (J)STRANDS c r ",-Z" y pea asm s'0" RAAMn za+ma eFrA Al -210' l fW'E N L� I Mir S�IIFNG 1 CDN57RUGTEOM (ANP�YEWM av APF SEDT—`- a4 S7R,Vi'115 ----FRaV.SED ca,144L dtAsr E7Y7ENsaK f S TI(A'S PER-WTGW) P{PAAO.S_'A(sJ Or,S cAam77S BEAafOOS TWIN A MT 11lgIL Frig I �ti_� ADA ADJUSTABLE SF SWAM FOOr PROJECT NO: 10585-1059 60RSfER CA6TNET X BATTERY f '�,� SHEET BASE'LAWr, 6YV(2)6'-0'X 6=0" f If r W LhW APPIOx a PHASE Ni SIMILAR E]>"PADS NN7FA151 A N 4,,r 26 T5"NY «xINO LEYEL Owe CONCRETE STL STEEL DRAWS[ BY_ PAL 13=0'X ri=O"FFA727 X45E A,40il—I 1A48' CONT CONT1101JOUS TDC fcp or cOiCRETE P1pQP0.ap PpllEN -r'RAPL D N9AT7SRY D.i CONSTRUCTIM JUINT TOM TOP OF MASONRY Nt IFIIEFYIAV� CAB14rr*V A .Y 0 IU " 7#�� MA DAMEIER Tra TYPL CHECKED Br. RJT cA r MF7N x 4'0•G7R1KytE7F PAD DOIAeiEE ST�VC m EQUIPMENT OROUNG BAR UON UNLES OTHERWISE NOTED EA GRAPHIC SCALE GEC EEUCTnCAL W/ 11111" D TITRE FAITISC StleMITTALS GRAPHIC SCALE CL ELEVAT0N1 0. » » c » NA o EQ EQUAL BTS BASE TRAN9113¢p [QUIP EOIkPMElNT STA71011 (E) (E) LHA LOW NOISE AMPLIFIER ♦p (p P56T) TILE£NORiN 1 FW YSET) rp N EXTIhW FLOOR FNS PERSONAL OOMMUNICATNINS SERVICES o + T �NORIH �A71ON T ? 1 ro ��GRADEA-I ANTENNA MARK Mo. GA AUGE Z-N SCAM r.td =-+ GC GENERAL 001TTRACTUR Nt AND O O5/77/GI ZOklA1G scNu.E. +• s' BdOSJpP CAEDTB�TLAaFYfE7L1Ii�4EhCGk"NIS GALV GALVAMZEO NC PLATE 4 WfN9OM;6 71W x 521W x?d" LG LONG n AT n d77/X 15'H' X 169 rE1TAt OF.1 MAIL uATOLIw our& CIF 3 ME'CH MECHANICAL 11ET MANUFACTURER THIS POC%AAENT IS THE CREATON.DEAGTN, MGB MASTER GROUND BAR PROPERTY AND CDpYFbW7M WORN OF OUPUCAnON OR USE VATHDUT EXPRESS GUNPOINT HAZ NOS RIG ANY MIN MINi111YI �P cp NEW'ANmNNA E" a �+T/nAT1E7a Not METAL WRITTER CONSENT IS VRODR-Y PROH107M. Mr. NOT 04 OUPUCA140H AND USE BY •'� t SCALE BInOL HIS NOT Ta CT A4EN?='FORTHE PURPOSES GOVERNMENT N 7,LIA� e)SSTr1G ANTENNA S OC ON CENTER CORDLPCTWNG THEIR LAWFULLY ALT,ORTTEA NTf ai (6 PPJP.S6L7rR PAha AN7FA[AG \� A�HNALr NASOINTY Opp OPP091TT: REGULATORY YS�COCALLLY ALLOWED, TB 7DTAo 7771 X 1.F"N'X 6.50D [ CONGRETF - rJE]Lq{/A p �G�� y"° 'aaA�E► �ETENNA ORIENTA710N KEY 4SH02768 PRpp05>37 P6PE 90. U.,rmc PLYWOOD WMEC—AGAWAM o .wLsr to J�N ,:n ILAN+o COOPER STREET w " p Ixi TN�AA4M OW " WooO COHT. AGAWAM, 14[A 01001 PRCIPOSED PIPE 6WS ANMWA X,m WOr arvATX N ` AIfX.6lN7{r'YY'.J / ♦ Q SET PYANT SECTOR C /j naao aLoaawc o TTEfiY�1 SE A SHEET TITLE n 2f0' --PRL1�10.SfD PAIIEI 1EIA5 GYMFIV9NEri�� LL1 Rensa 330' ENLARGED AMEWA Ml) ) G9W ANTENNA -` c 1�'LLL]]1111 PWECASrCAVA4E7£ aan RErsRwcE _ NmN uNE SITE PLAN, ''' 2'/X f5'H PAD OIIiMNSAMM 77DFY C0W£r PROMTY UNE Az 90' r a�x e_ayr x s:0 ,� 1, OETAa RffER�Ra ELEVATION, t �'_j & DETA(-S 68N x 781w x SIRE �---+� snrPm FGGTWD TRUE NORTH POg CO CAN% r p L•q�•r CAVLWFIE ' E1.LVATpN MATW LINE SHEET INYBER AWEN PAO DU0V_0V_M B 'A �� "K PONT SECTOR-A NA LINT N 54W x. .7D w x rD77 Tc.LE,MaE z-, 8'NX 3'L0`WX 4'-00 a2 - 2TG- j SAL:Km Z-1 (1) M.r OROIAID MIRE .., SCAIC:NOW I-1 SECTIONS a XTAAE COAXIAL CAM U OMNIPOSNT 4(..L ) HOLDINGS, INC. A LMHOLLY•OWREO SU11=11AY OFT-MOBILE USA.INM $' _ {` FILLEY s EET BLQckfELI). CT 060 Q2 1 of FILE (860v&92-7100 f i' ' 4 FAX (660)-692-7159 Z A CLOUGH. HAF49OUR &A55CIMAT1_S LLP WMEC - AGAWAM � LMC�Trf!'ApJ•RIL7H COOPER STREET > AGAWAM , MA 01001189 SITE NUMBER : 4SH0276B RIAI SITE TYPE: CO- LOCATE APPRwus L�IAfK.aRG LFil4N0 R.F. Zama caNSTRIACTGN NC GENERAL NOTES VICINITY MAP SHEET INDEX PROJECT SUMMARY PROJEGFa Tasas—tang 1. TE COKIRWM SOLL pK FLL NOncm Am coWLT WQL ALL t0. IM CONTAAM S?Z$PQlCWE FOR PPOIRWC AKL RIMY SITE NUMBET� 49I02768 LAM ORIBRAMM%ATZ nppAA�,aN6 AND LAWRLL GOERS OF OF COKSOAR'TOI CONTROL 9.fWM ESTMNR, w AAC MmMTmom ♦ � \� NO. DESCRIPTION NO' ORA" BY: PAL ANY P.A X AUTNFMn.WUkMPAL AMC anl1TY OO ANY ALL WEE AM OIAOES RTORIRSID TO CORETC 7 Ail WPRQvCMW! FCWX S-MIICATOLL AK LOOM.NC STATE APf�CPPLL COOP AS SNORT SITE NAME %NEC-ACAWNA _ CHECKED BY: RJ7 ecwNQ ON THE TERmoxc`KE L>r.�Roe<THE sows tiA t s f//✓� - SHEET D STE ADORES5: COOPER STREET BE�M�OIACOWMANCE ti ALL MMASE OOoa TLu' I'' PE&M AMD*MM%ECTCMS 114CM MAY EC w3lRm.W nE wqt Y + 4 er n,r yr / AGAWAK MA OTCdf AE7AA,10KS.mm OROMARL7(} BY TN;AAQCTEG etb m{ M SMYL=&"OR LCGL F,�LANc�.i m+T AuWaITY. LOCATIC 1 C-1 RADIUS ASAP 1c ABUFTERS LEST 0 SUBAI MALS L THE AR6R,[CT/EiCPfEOR RUTc RACE ETOIY W TO SET FORTH ' w Ta rnes�RLx;no,L AND coRTRAer PCCIPIUPn WrnsRrE I ARE CQIFIRAI:Rv,vNAU.MAWNEiiAART'PRDAnPa TO PImICCI' � ..... A55ESSOF'S PtJIT/M AA H71 W PE OF wmL TE OWRACT- mw Rt.d Is GRBTRA sWROYDA M EATORKM FAw ClOwn M v NrAxr,nESS G "Am r T k. amemo !Q wmRs is moms amovAcTaL uRal cw9rm a,nn,TK .,r' C-2 SURVEY 0 ASSESSOR'S LOT/PARCEL, f E NO S ORAWM A Oft0 R VICC11CAA6 POT VK%W%NO CCNIRAPOR SMNL Rem MY OANAX T4T MAY RAW N TRACK TRY T/TIkWTRTRT C�QOM WOWYABOM OCG RWO OM 10 W6ORVROI OR OR ANWT TW iR PMM. f s SITE TYPE COS-LOCATE ill, TIE CONTIAC1p1 91ARL Trt»M tosCIAL WOW AArw CLr.AIR inn s THE COIIIRACIOR cmraCet sKALA.AEAA TE Rtt Or AND A NAS410 fAIY OLNOIP C0161RICIIW ARR as.vU of ALL z-, ENLARGED SITE PLAN. NoYrYm DR RRMC)R4 USSEE/UTYN fff OF ANY MY DEkw4 NwSIRI AO RDUM vxwiw ROT FE ,FA A5 ° aNUTs mums.OR oR Ns RSNa mm w K xrsvlW OF ROIARWO a RE PROPORTY e"num 94ML W�At CLEAN � � • ELEVATION, do DETAILS CONOINACTOR7 PROPOSAL at PffP AMCE OF WML RL TK EWff COIOTCN AM PREI NT FROM PA SPON3 MO.1T T"WS OP ARY zGAmc PROPERTY OWNER/ AESiIId+uA"-i5AC71U TT5 a ff m CIE!TIE aePAN OarswACTKW swl_Pwfl THEmom NATURE. a TONER 011TIEEt ELECTRIC CO WAVY G /T7/GA asSTLT m EXTF119YC WOW.mLm� T NRTRQ lR!CCNiACYCH 9RAll COMPLY wTI ALL ONNA LEa.REvvsn rr 174 BRUSH HILL AYME ICry e` AS THEYAPPL SoMLLxmiS PROLCT, NEST sp"INCnwF IAA 01089 THIS OOCULIENT IS THE CREATION.DMCN. �. CONTACT, $AFMARA CHEREST PROPERTY MV CGPYROOITED WORN Of ,KT R. TE SCOPE OF W'aMC SNNL RI(n.IPKE PUIIRNS,IRNC ALL ARATQNALS. IL TIE a mRAC,OR STALL NCRR TK[ES�N�M'JQ m3m 9 GANVMT HGI.RINGS,NC ANY PaAPAAN[LABOR AM ttt QTIIN vATAMALi nl0 fAAOR DFEti,EC A CONFLICT COGRTS ON ANY V M cO/IPAOF aQu,soNn T,[ + PHONE: 4T3 787-9331 NECESSARY YD CCNPL[TE TIIE WORk/1'NOECT As oprAmm RR7m1 a]NIRACIOR w ROT TO ORDER MAIEIRAL OR cowRRAOT MY ) WRITTEN C N OR USE sTmm PRcHiss W S. TM CMTRACTCR$HALL YISNT TE AR VIE PRIOI 10 M PORTION UP THE MM THAT IS FI CONFLICT VNTL DONNIOT M y WRITTEN GON AND FS S7 y C Y WU04IR•D: EARL.ICJ171DN AND USE By(:OYEN+NE'.N7 c APPLICANT, a11WPOINT HOLUNOS.INC. THE EOSLIIs9pl Q®!OR PF7OOR1/q 11OIIK M.F Ti.�IMF RES0.TE,D W 71E.^1i16Y AGENCIES Q UR R)RR'G$E',$OF WTH DIE FQA COO,RCRs A,*W MUIN'T IMAT*It PROTECT CAN IRA THE MTRACM SHALL gIRY ALL OSO4PLR wLY.nULc LESSEE/LICENSEE. fOQ F1LI.EY S1RF1T REPAATIkiYN ANO AURDe:TNATYC tYlfSFl1 K O016IwMM W ACCOOARLC WM,NE t9KMWt PROJECT OWNER: FUNCTGHS M SP[CF CALLY ALLCAED. x OOCML4Ts,I PLpPEAIY LSIEL ERAG QR TRIE JOf. N E3lODIi1Ei,D, CT 0GGa2 11. ALLLRREAORINAMETYREOwIA1g1AASONVRMIEORRON VICINITY MAP r L I E KAINT,ACTOR SMALL Q AM xNNORTATON A I*W=,RTRN SL WAEZ WYESMAr,"AND ETSww PWIT ff Imo. CQNSRRCOAI PROR Tf 4TARYT CLEW Om ANY Ad NOT TIC CCNTRA m SNNL LQ Y:ALL LPROw 4um Owf1Ei SCALE: NONE CLEARLm oail. YY RAC W 4,w1CROt OUwRCi/ti R� ALL PM-1�'DRSpww c7m NOIRA'+Mdl T!MOM PPOM 10 IN%4E 4SH0276E ANY=AYATON ACYMTT ST. THC WNiRAcmll SHALL P,TTALL ALL EarMorY NO MAMk" OIC Sm SYSTEM(NA.IAL IN IS No 1-NF3M-rm N ASON9RID TO T E N&?WACT,RER ;vCaT7 TPECIAC MMS CALL REPC(E Vw aQ IC* [�TL AASR WM E C—A G A W A M f Lmm NOT9 CY-u�W mew=AL COY!OR aRaRLMICEs AS PREmO E COOPER STREET `o s THE CWW T MOLL PWM9 A nRL 1E7 OF ea+swueT-CM AGAWAM, MA 01 OG1 r DOO.SL =AT TIE STE LPQKIW wM TK"%W RER•.EIO A,10 IMMVMS OP Cl-� A/RNP AVAKAB E POt IM VR WY ALL P R4YKL�wwYMxmm.l. DO NOT SCALE DRAWINGS EiIEEC All( T. YK OOfRRAC SHALL STIPLTMY AMD aREcr TM PAOY:CT < aESOlmm me mm.TK CommACLOR 9MLL M=11T y ROSPONfR¢E FOR ALA LLNRTRUGRON WARM MONO . CONTRACTOR SHALL YVWf ALL PLANS AND E)DSTIt,(.SHALL T TEOSS0IES,SCWENCL7 AAp PFoCxn ARFS ANO rOR COORdNA,WD TITLE TLE SHEET 71 ALL PART OF THE WORK UNDER IM UWRRAcr. OIAIMMEDIATENSONS AND NOTIFY 11HE GI+THE EN EE I AND ING IMMEDIATELY NOTFY YHE LE55EE/LICEl+SEE IN NRITHG OF USCREPANCIE3 BEFORE PROCEEONG WITH THE U %GRIT CR BE 31ESPp1yULE FM 5AM o SHEET NUMBER 0 Y3 u] I —1 o I i LL OMNIPOINT \\ + MAP: 1 11 HOLDINGS,INC. 1 BLOCK: 2 A lVhVLLY.OWNL'.A SUBS1UTAW PARCEL: 3 OF T-11=1.9 USA,MIL. t i NO"J-EY 5REET MICE (1160)-692-710 1 FAX: (860)-692-7159 \ MAP: H 11 \ 1 BLOCK: 2 t PARCEL: 12 1 MAP: 111 1 p, OAF-. 1 if N BLOCK: 3 BLOCK: 2 .01� BLOCS: ZMAP: N ' 1 L PAr7erF1• 2 PARCEIs 14 �^J,A1 t PARCEL: IL 1 \ � CL0�7G1i, NAMI@OLIA MAP. 1 11 a,lei�v Mu.IIm Y 1 —! MAP: L 11 L EILOCS: 3 L 1 i ARCKe 2 1 PARCEL: i N 1 i pANS�l.; 1 \` 1r -- i MAP. H11 \ \ t BLOp( 2 1 PARCEL 7f 1 P: H 11 oac; 2 MAP: H 11 I PARM- 10 COOPER .STREET _ _ BLOCK: 2 1 PARQL: 13 —— �+^ + .431 ' i RFGrst �� L MAP. 1 11 ' 3W ABUTTERS LIST rCNAI �� PARCEL; 38 MAPS H 11 BLOCK L 2, { 1 - PARCEL 1 PARCEL 5 WESTERN MASSACHISETTS CCANOY M BOCK A7'PIIWAL$ ! — E1.,E TRIC46a, HOUL COMPANY B. P. 220 & 24ea.P. 495 IS HOlLANO ORIVf t COOPER STA{EY AGAWAM MASS 1 1 AGAWAM MASS LEASIKC { PARCEL.a PARCEL 2 CAROL ANN DAMATO LF. { IRENE E CUR" IL 11113,P.529 MAP. H 11 8;R t AP. 3 ITA W JIJUA.EN 25 HTXLAND VMVZ L IL 3440,P. M4* Somo H tt LS U. 3714,P. 5m AGAWAM MASS MAP: PARCE 1 BLOCK; 3 MAP! 1 11 1 COOPER'STREET'STREETPARCEL 25 ml$TRIICT10N MAP: AG l 11 AGAWAM MASS PARCEL'- 2 1 SLOGS: f CANDY M MOCK ELOGs; r I 1 PARCEL: 37 PARCEL.: 37 300 4lAplua FROM PROPERTY MAp�I,lt Block r B: 11935,P. 220 AJE 1 PARCEL 10 AAGAAWAIA M�5 ANTONIA UCIJORS pR4JEC7 NO 10585-1059 { A_1227, G 325 •MA9!11 BLOCK is 716 COOPER STREET ` AGAWAM MASS PARCEL 37ADELE 9ONAVITA DRAWN BY: PAL PARCEL` 55 I ANTONIA'UOUORS B. 74 COOPER 1 ma GOLFEE SIR 57REET' 1 1 B. 13595,P, 421 327 AGAWAM MASS CHECKED BY: RJT 712 COOPER STREET VALEME R SYAOEF]xSiCf AGAWAM MASS B. 07 107 P. 576 SUBMITTALSB. . PARIE!_14 R ME EE P. 327 y�� 1 ANIMA LKIUOR3 R77 1OAM MA 57RT "�T t a. Im", P. 421& ACAwAM MA55 B.10742.P.327 PARCEL 35 1 700 COOPER SnIm PASCLIALINA BCNAVITA a MAP.' H 10 \ AGAWAM MASS M 2534 P.32 2 BLOCK. 2 _ PARCEL 12 AC9.MS3 � PARCELS ~�' "' KRJ A.MURP+Y 3 _~ sse'��STREET !!1 BLOOf T. 0 /rr/o4 zw+x+G PARCEL I E F UOUORS ,' \ • \ —" + AGAWAM MASS &42M P.278 Ti115 DOSYk1ENT 1s Tw CREATION.013 w \ \ \ PARCEL 13 s5a COOPER STREET PROPERTY AND COPYRIGHTE71 WORK OF i 1 TOWN OF ACAWAM AGAWAM MASS ONNIPDMT MOLDINGS RTC ANY SE WITHOUT EXPRESS MAP; H 1Q L AGAWAM PUBLC LIBRARY OUPUGA91U1TETI'1ON OR COONSENT 1S 51111MY PROMOTED O4 BLOCK: $ MAP: M 10 750 CO"/ AGAWAM MASS PARCEL Z PARCEL 2S a'�' 2 ROLIIE 57 L1LPIJ ES F AMC IISE aY GOVERNMENT COOPER STREET OONO=S FOR A¢1AWUL ES OF PARCEL a GVRNApSL\EM.hI tsF MA55ACHU51<TTS AS;AWIW MASS RECULtCTt110 AND IXV09T Y►AI1Ht1wzE;p a AERiAATLRY AND A01fOa}7PA7RlE n \ \ PARCEL.3 FUOM N5 IS SYEVF AU Y AL1.511M 3 \ \ t\ ACA%OOOFVt STREET vACAwAY MA56 co 4SH0276B /01 WMEC-AGAWAM \\ 1 T AGAWAM, MA 01M r SHEET HILL � RADIUS MAP & cRA MC SCAM ABUTTERS UST E w +o Ir rr a,e r 1 SHEET HAMPER p NOTES: L W TE61') TRUE NORTH 5,BASE MAP PREPARED[tY OLOUCH.HAMM k ASSOCIATES UP FROM A m TAX YAP FROM 7HE TgWN OF AGAWAM. ANTOINIA t10�orts 1 RANDS N/F 1{M, OMNIPOINT !CAW A.MU&FWY 1 8 JR 15509,P. 421 g NZ 11907•P.50 HOLLDlNGST INC. 1 a 1074Z P. J27 ' BL x NAP."II AwFwLLY•oSILE SA,IN tTATiY �"� l N 285373A33 1p.a:2 OFT•NOBILE 116A,INC. 141YBS N/F uAr nII 4\ E xax9+.as wr: Iz AN A LJ uow 2 �^ f 1 300 FlLLE1 STREET a 13569, P. 421 Lor:Ia ` _ Zqr� R-A2 --- @WQUFIEId.CT 06002 e. 1074Z P. =7 � ZONE R-A2 i � � OFFMEc (M)-692-7194 MAP.H1I Fi FAX-. ($60)-99Z-7139 SLOIX 2 ' '� - - LOT: I, 1 ECo a3I/71 r A ` WNECO II `-- HEihT 7a �7S PN" ASPHALT NETT 76 ZQNE: R—A2 j , �� j MI mAnsraw� —HAI coog `� �� A$p ALT J ,^ ; _ AEIAR •_ CLOUGH. HARBOUR &ASSOCIATES LLP .Ii.>rAAiry6a.FLAMa�6 1` I C9� 77 ^LAsosc ��Eo RPb1ER 4M11 E�HGNE RAi Of—it N,dIwAY AIM AMC rE J` 1 i I '111 / Mr&r 78 7n PIaCE/MWW�' �i sd`L7-A •/,R.H¢'(Y,+p, PJPU'RSEII lAWM40641l0 _ \ ` , ran X'"'�i�{,�e ASP MAL r APRM No.43189 Zow 11/77&Y A 15'-0'WX ACCLW AAC1 n7 aY �SLgf4NAL U 41,D7 win \ ` `<<\\\;\ •,�\- y� IIIEDEE Ate'A 1� cnumqw a1A,f. PROW ACXPWSE 17Y f.�f sfli/E/VT MEW n�iT SEW AISM M>�T A�RO'✓Ai5 1 \ \ `• r 100 t 1/4• No LANDLOW Eg5Try0 , , a 1/Y RIC+Ioo Y IIY1oo TIIAR911590N , , ; ,t/2- W-93 l/i• NIo-Ya TOWN STJ2M ` ` \ , U N 1/+• n-45 I/a' is--as LEASING S. PO IS-.5 /Ao S-2O ACl�SS Y low .O 5"n POI 2 t2 . I I l 4 Poo a1a r k I I F 1 1 `• S4WA 151 WN lroo o s 7ANa10 LANDS H,I: pPAi42 cDrtslR,JCRON „ram •FAPAoIFI) AA 8 37T4` P.516 d t ' I I j 1 _ PROCESs4D AG4R A1E r B. 34/4 A 364 1 t f 1 E—mmm 1/a•/FT. S.OPE t/P/R�• rAr.Nil ' I I i It 1' S N IF m 431 A 181q PROJECT NO: 10555-1059 ILO 23 ,*.'" AOEiE 9CWiRNTA �f ZONE R—A2 ;� r LAN05 N/F I I € 1� ; 7 I DRAWN BY: PAL 1 , LOT.371 \ CHECKED BY: RJT / 1 f KU cowActEa alec�eE cwP I�u a uTla9 SUBMITTALS 90yARE FEE Z V, I t ONE R A2 i i 1 i a 1 I � , tREE 1 ` , N 1t se IRS DOWMENT IS THE CREATION.DESIGN. MWEROUNNPONT NHOI.DING&INC ANT t9YT OF WRITTEN CONSENT IS S1RICTLY PROHI9YIO. DUPLICJNTION OR USE TA*MUT EMPRESS 1N DUPiJCAllpl AiA USE BY CON4lD1YF77T � W 11 1 X 20 0� AGENpES FOR THE PURPOSES OF %Jim { 1 ,{ \ AA RASI D Al 1 REGULATORY AND ADMRIFSTRA FIIIICTAOFIS IS S:IFCATCAILY ALLONFA 33 '•"'�.� 1 7W T _ - �\ to Inav 4SH0276B ` OF 13-0'X Is*--0 0 Lm 'P��:IN 210'- " '°"�'E ILA vLEAWAWA WMEC—AGAWAM COOPER STREET Notes ~� �` .+ wsaos Nfi AGAWAM. MA 01001 _ t<7111AfawNEACW OF av I.BASE YAP PREPARED BY CLOUCH.HARBOUR s ASMATE5 UP FROM A ___ MAMSACHUSt s -ram ZONING SUMMARY TABLE m MAY 2004 FIELD SURVEY. COMMONMEILYN ZONE: AEY�Itx1LT11RAL p 2-LATATUOE/tLNURJDE/ELEYATIONS WERE OBTABNEO USING CODE BASED GAS REFERENCED _`I ZONING pSRACC RA2 TO RFMP-M0117H 1lANPTCN DP'A BASE STA7tpL UTITUOE/LONGTX3E ARE REFERENCED - T-- - uwSSAs+"IY�FS A5SE53OR5 uAv not BLOCK S LOT: , SHE[T FILE TY TO NAD 13,AAS 01USETT5 MABTLAND zDNE.COORPWATE SHOWN.W ANY.ARE QiPRESSED l IN U.&FEET.ELEVATIONS ARE REFEREHCFb TO N"29.TOP OF STRUCTURE HEIGHTS I ��_ PROPOSED USE: �F! AtlU ,a AS SHOWN.IF ANY.OEIg ABED BY YFJtTCAL ANGLE OR BY ACTUAL LOCATION. 1 ��^'�_ pYEN51ON REWIRED MIIYUH ETOShNO PROPOSED 3.NORTH ORIENTATION IS NORTH BAO ON CPS- ��.� TOWr7N FRONT YARD h'ETBAGK• 260 FT AW}F-R N/A SURVEY 4. SUBJECT TO ANY STATEMENT OF FACT AN UP-TO-DATE ABSTRACT OF TITLE `, TOWER SSE YARD SETBACK. 260 F7 SS FT k 50 FT N/A MOULD DISCLOSE �._ TOWER REAR YARD SEIBAQ- 200 FT iS FT N/A E 3,SUBAIECT iD ALL RK71TJ.EASE?rEI1TS.CONE MANT4 ON RES70CROk5 OF RECORD. EOU�INENT FRONT YARD SETBACK" NO RE T N A 402 FT [i-uNDERCROUND UTIJTIES.STRUCTURES AND FACILITIES NAVE BEEN SNONN FROM CRAPHTC SCALE SURFACE LOCAhONS ANb MEASUREMENTS OBTARIED►WON A T.O SURVEY. ECN�YEYT SIDE YARD SETBACK" NO REQUIREMENT N A E F7 h 70 F7 THEREFORE 1HEIR LOCATTCNS MUST BE C9NSIDEREO APPRDIDMATE ONLY. '0 11 Fo �r0 o THERE MAY BE OTHER UTII.FTtES WHICH THE EAISTENCE OF ARE NOT RHOWN-SIZE. EQUIPMENT REAR YARD SETBACK- NO REOURFMENT N A T9 FT SHEET NUMBER o YYPE AN0 LOCATION OF ALL UTILITIES AND STRUCTURES MUST BE VENIFlED BY MAKIMUM STRUCTURE HEIGHT TBq FY 110 IT 120 FT PROPER AUTHORITIES PRIOR 19 ANY AND ALL CONSTRUCTION,CALL DIOSAFE PRIOR (or rccr 1 TR1NE NORM MA%IINM STRUCTURE EXTENSION 10 FT N A 10 FT TO ANY ERCAVATION m 7.A BOUNDARY S1IRWY WAS NOT PERFORMED BY CLOUCK NAIOOMR t •TONER SETBACK IS THE GREATER OF 290 FT OR LS X TOYER . p ASSOCIATES.LLP IN CONJUNCTION MATH THE PREPARAFON OF THIS SIX �.�7� �� 1 1-S%720 R-TEO. THEREFORE,USE 290� j B. SURVEYED PARCEL APPEARS TO FALL WITHIN ZONE C: *AREAS OF MINIMAL FLOODING-AS �2 •'DIMENSIONS MEASURED FROM RADIO BASE STATION CABINET TO NEAREST LOT LINE SHOWN ON FL000 INSURANCE RATE MAP; TOWN OF AGAWAM-COMMUNITY PANEL NUMBER 250133 OOD2 A PAGE 2 OF Z, .� a 3Jrg ,Z3 Worn Wan �j Lo u�i `� �Ys (O Q $ oOM QO r Q "�.0 � � i .� r7 Q O m Q7 r � V O o u 131 ro x r o a}'^ d W O Q WO gigs � �sa as r qa Y <u��mpR �`�Qgfinw J. # IM 1 111 i k' Val a� Rio; Z6 8'� P fuaoH 3na1 �4 Fve rcO M111. Y Ol♦Ny='S(TF�a�i O�i3 (p��EaaFz YQ t U W Vat UUU 4KiD � fla lz-ii os ` 7!a��o go 191,19M i � Asa n F � xC• �y � a a v;t 3 U SW"a�4 Wy-YYW'4 ZOZ js�ss`11�l{1p�� FuyF�l ay yK�Q �� Wl,� ��11�yYp4�j}� pAZ <lJ [S�aG �iWW✓Wri l�llVJ �J3 7ri20� WHO 37 �7 G� K O F PYI IJF LL2 NNW 2m Nal � ala eF �i F d d 1� d Ads e kidE r4 41'4 6 a O ry B f� >I Hit w � L �b 'C '� o 1 � w7J y]RQL 11G6 NYtlI VMLSMI 31 d01 al 7.-,ll � �S t •.L o srNr�Nr a�adodd un Nasrralx3 rawoa®oeax.r x iw w-mv k At � f \ CI ly C� {`L, S O�3 '•1 lr 40 l ! t O f $ 4 tq 1 1Nh r g �/ N Hd BS�40 i00ZI9Z/5 Ci£ 'ms0 6MP'!Z—B4LZDHSt\S.GZ\6501\sPI!S\SB561\Puo!&u3 Mai\woa�pg ao!o�\./,5 al!. o - Town of Agawam o �,�• Assessor's Office 36 Main Street, Agawam, Massachusetts 010011-1837 Tel. 413 -786-0400 x 258 FaX 413 - 786-9927 Email: assessor@agawam.ma.us January 18,2005 Atty. Simon J. Brighenti, Jr 1350 Main St. ' cc Springfield, MA 01103 Dear Atty. Brighenti: RE: Abutters list for Cooper St, Agawam, MA. (H11 3 1) The attached abutters list for the above-named property has been certified with 12 abutters. If you have any questions,please call. Sincerely yours, Linda M. Morneau,MAA Assessor Page ___L of r FAG Town o f Agawam y -r 36 Main Street Agawam, Massachusetts 01001-1837 p. TeL 413-786-0400 Fax.413-786-992.7.- . DATE.- CERTIFICATION OF ABUTTERS LIST PROPERTY LOCATION; C 0 G ;S MAP 811 — BLOCK 3 LOT# CONTACT PERSON NAME- CONTACT PERSON- ADDRESS 12,ro M,9fy S'7�Re&_ - (YPR }Y?i9 CONTACT PERSON-PHONE NUMBER (4 f�747 r 1772 _ _ _ - - •--_.,.. _ ABUTTERS Remy 5/7 d64dEN W.I R1CH61_� J`, CUARhn/ Name: _A_6A1 7" N,!Y -r IaG. _ _ -Map# Block# * Lott# , Address of property: _-7 C Dam XZ' Address of Owner: P C_., b11A/_,j 73 ,.5�~' ,lA�'JN6�l��/� 6110 WV-01Z2 Name: fil=422 Ma;)ff-djj—Block# Lot# � Address of Property: C Address of Owner: _ ---t`OM7 5_ Page 2 of—±— ABUTTERS Name : Lja I j, -J 1 -ra1Y10 -P. _ Map-A Block# z Lot#LL—L- Address of property : _ �� C 006 e ST Address of'Owner: J. /KG - — Name: _L L.Q 009i. /91Y''41V I d . _. Map# NI1 ^ Block# Lot#—LLf! Address of property : -7011 C O4e5- X : Address of Owner: J hI& t5 Name: ! It1 OS Map# Block# 2 Lot# Address of property : Address of Owner: .S' r i5 Name: Block# _ Lot# Address ofproperty: Address of Owner: IY761& Yr.. Name: ' G N /h W G. . ma 2 Lot# S- Address of property : 13 1404,Ldrih Address of Owner: Name: _b 1R��. C /9R2-4 g5 Block#_ Lot# e/>--� Address of property: Address of Owner: S-RL2,05 Page _ of ABUTTERS Name : BIock# 2 Lot# 2, - Address ofproperty : R�OR kOZL&,&L- Address of Owner: 3 OL ? lgg -2,2,1 Name: -&Q&d t f, Y /� T r�rs�Ig � ,._ 1614,er - Map#- 7-1/- - Block# Lot# Address ofproperty: 6 03 r- ST Address afOwner: un __- Name: I id I A S � . Ghe4taq Map# L 11 Block#.� Lot# Address of property : gZ G Address of Owner: _f'R M6� Name: Ma PA 11 Block# Lot# 3J .Address of property: C OD b' S7- Address of Owner: -,261fiEr Name: _I. Q!1 Q L � Map# f - Block#.�- _Lot#^L� Address of property : _,�-S, - t�00 Address of Owner: dM' Name: Ma # Block# 2 Loth Address of property: Address of Owner: . - C oc? !R S!' t9!2 GygAI, x I -Q1 d0_/- Page of ABUTTERS Name : c Map# 11 Block# _Lot# �` Address of property : -2-S- Z-JV Address of Owner: _ S_LVA67Ayi/o 4.&4/4� 64 ' otm_ O i aaz-f! .? _ Name: Map# .Block# Lot# Address of property : Address of Owner: Name- Map# Block# Lot# Address of property - Address of Owner: Name: ' Map# Block# Lot# Address of property: Address of Owner: Name: Map# Block# Lot# Address of property : Address of Owner: -- Name: Map# Block# Lot# ______ Address of property: Address of Owner: --