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SBAN SBA Communications Corporation 5900 Broken Sound Parkway NW
Boca Raton, FL 33487-2797
T + 561.995.7670 F + 561.995.7626
sbasite.com
TECE[IWE JAN -72014
DOUGLAS BOARD OF SELECTMEN
December 2, 2013
Town of Douglas 29 Depot St. Douglas, MA 01516 508-278-3977
DOUGLAS
JAN 2 2 2014
COMMUNITY DEVELOPMENT
dank you,
ackel 17/ -
RE: Travelers Bond# 105238258 Site# MA09987-S
To Whom It May Concern,
Please accept this as official request to cancel the above referenced Travelers Surety Bond for tower site located at 442 Northeast Main Street, Douglas, MA 01516. The required bond has been replaced with RLI Insurance and original replacement bond is enclosed for your acceptance.
In acceptance of the issued replacement bond, we are requesting the return of the original Travelers Bond (a copy of which is enclosed). If the original Travelers Bond cannot be returned; please sign the Release Form enclosed and return it. Also Included in this package is a postage paid envelope for convenience of return.
If you have any questions, I can be reached at 423-246-5075.
Rachel M. Enfield Bond Administrator SBA Tower II, LLC A Wholly Owned Subsidiary of SBA Communications Corporation /Enclosures
By:
B :
RLI Insurance Company______
Surety
TOWER/STRUCTURE REMOVAL BOND
Bond Number: CMS0274212
Replaces Travelers Bond No. 105238258 dated 02/27/14
KNOW ALL MEN BY THESE PRESENTS, THAT, SBA Towers II, LLC as Principal, and RLI Insurance Company, a corporation duly
organized under the laws of the State of Illinois, as Surety, are held and firmly bound unto Town of Douglas, 29 Depot St., Douglas,
MA 01516 as Obligee, in the sum of Fifteen Thousand Dollars and 00/100 ($15,000.00) lawful money of the United States, for the
payment of which, well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns,
jointly and severally, firmly by these presents, the liability of the Surety being limited to the penal sum of this bond regardless of
the number of years the bond is in effect.
WHEREAS, the Obligee, by ordinance, permit or written agreement with the Principal, requires the submission of a bond
guaranteeing the removal of telecommunications equipment located at Site ID#: MA09987-S Site Name: Douglassmass, State of
Massachusetts, Landowners: Henry Bosma, 436 NE Main St., Douglas, MA 01516 upon discontinuance of service. Date SBA
Towers, LLC entered into the lease: 27 th day of February, 2008.
NOW THEREFORE, the condition of this obligation is such, that if the above bounden Principal shall perform in accordance with the
aforesaid ordinance and/or agreement, and indemnify the Obligee against all loss caused by Principal's breech of any ordinance or
agreement relating to maintenance, replacement, removal or relocations of a tower or structure, then this obligation shall be void,
otherwise to remain in full force and effect unless cancelled as set forth below.
THIS BOND may be cancelled by Surety giving thirty (30) days written notice to the Obligee. Such cancellation shall not
affect any liability the Surety may have or incurred under this bond prior to the effective date of the termination.
PROVIDED HOWEVER, that this bond is executed subject to the following express provisions and conditions:
1. No action, suit or proceeding shall be maintained against the Surety on this bond unless action is brought within twelve
(12) months of the cancellation date of this bond.
2. Neither cancellation nor termination of this bond by Surety, nor inability of Principal to file a replacement bond or
replacement security for its obligations, shall constitute a loss to the Obligee recoverable under this bond.
3. No right of action shall accrue on this bond for the use of any person, corporation or entity other than the Obligee named
herein or the heirs, executors, administrators or successors of the Obligee.
4. The aggregate liability of the Surety is limited to the penal sum stated herein regardless of the number of years this bond
remains in force or the amount or number of claims brought against this bond.
5. If any conflict or inconsistency exists between the Surety's obligations as described in this bond and as may be described
in any underlying agreement, permit, document or contract to which this bond is related, then the terms of this bond
shall prevail in all respects.
THIS BOND signed, sealed, and dated on the 27 th day of February, 2014. This bond is effective the 27 th day of February, 2014.
SBA Towers II, LLC
Principal
Ait.412 ame and Title
IViefissa L. Whittier, Attorney-in-Fact ..,./
.1.1.
oV,,,,,,
ticE60* RLI Insurance Company ........
:• As 100spostoe
%St
' • % SEAL i .
,t? BY Roy C. Di
% ••• .........
*14 N °A%
Vice President
State of Illinois
County of Peoria SS
"OFFICIAL SEAL" JACQUELINE M.. sOCKLER
COMMISSION EXPIRES 0311404 Vtce President
3738093020212
RLI Surety P.O. Box 3967 I Peoria, IL 61612-3967 Phone: (800)645 .2402 I Fax: (309)689-2036 www.rlicorp.com
POWER OF ATTORNEY RLI Insurance Company
Know All Men by These Presents:
That this Power of Attorney is not valid or in effect unless attached to the bond which it authorizes executed, but may be detached by the approving officer if desired.
That RLI Insurance Company, an Illinois corporation, does hereby make, constitute and appoint: Joseph P. Johns. Jr.. Kathleen M. Loritz. Darlene A. Billick. Pamela A._Dmitrzak. Thomas J. Philbin. Sandra L. Wiemarm. Clem Wandrisco. Melissa I, Whittier; oirttly or severally.
in the City of )ittshurgh , State of PorsylvAnia its true and lawful Agent and Attorney in Fact, with full power and authority hereby conferred, to sign, execute, acknowledge and deliver for and on its behalf as Surety, the following described bond.
Any and all bonds provided the bond penalty does not exceed Twenty Five Million Dollars ($25,000,000.00).
The acknowledgment and execution of such bond:by the said Attorney in Fact shall be as binding upon this Company as if such bond had been executed and acknowledged by the regularly elected officers of this Company.
The RLI Insurance Company further certifies that the following is a true and exact copy of the Resolution adopted by the Board of Directors of RLI Insurance Company, and now in force to-wit:
"All bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation shall be executed in the corporate name of the Company by the President, Secretary, any Assistant Secretary, Treasurer, or any Vice President, or by such other officers as the Board of Directors may authorize. The President, any Vice President, Secretary, any Assistant Secretary, or the Treasurer may appoint Attorneys in Fact or Agents who shall have authority to issue bonds, policies or undertakings in the name of the Company. The corporate seal is not necessary for the validity of any bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation. The signature of any such officer and the corporate seal may be printed by facsimile."
IN WITNESS WHEREOF, the RLI Insurance Company has caused these presents to be executed by its Vice President with its corporate seal affixed this 14th day of Febrtory , 2013
CERTIFICATE
On this 14th day of February , 2013 , before me, a Notary Public, personally appeared Roy C. Die , who being by me duly sworn, acknowledged that he signed the above Power of Attorney as the aforesaid officer of the RLI Insurance Company and acknowledged said instrument to be the voluntary act and deed of said corporation.
I, the undersigned officer of RLI Insurance Company, a stock corporation of the State of Illinois, do hereby certify that the attached Power of Attorney is in full force and effect and is irrevocable; and furthermore, that the Resolution of the Company as set forth in the Power of Attorney, is now in force. In testimony whereof, I have hereunto set my hand and the seal of the RLI Insurance Company thislak clay of February 2014
RLI Insurance Company
A0058707
TravelersPropertyCasualty A member of citigroup
S A 113
RELEASE
Travelers Casualty and Surety Company of America and / or Reliance insurance Company ("Travelers") issued a Surety Bond (Bond No. 105238258) dated February 27, 2008 in the amount of $15,000.00 at the request of the SBA Towers II, LLC as Principal, for the benefit of the Town of. Douglas ("Obligee").
Obligee hereby fully and unconditionally discharges and releases this Bond, and releases Travelers, its parents, affiliates and subsidiaries from any and all past, present and future liability under said Bond. The undersigned warrants that he or she has the authority to execute this Release on behalf of the Obligee and to bind the Obligee hereunder.
Date Signed by officer with requisite authority to sign on Obligee's behalf
TRAVELERS J Travelers Casualty and Surety Company of America
Hartford, Connecticut 06183
1,T 0S1-5
RIDER
To be attached to and form part of Bond No. 105238258
Issued on behalf of SBA Towers, Inc., as Principal, and in favor of Town of Douglas as Obligee.
It is agreed that:
1. The Surety hereby gives its consent to change the Principal Name:
from: SBA Towers, Inc.
to: SBA Towers II, LLC
2. This rider shall become effective as of 2/27/2012
PROVIDED, however, that the liability of the Surety under the attached bond as changed by this Rider shall not be cumulative.
Signed, sealed and dated 12/9/2013
Travelers C a ty j nd Sur Company of America
sa . Whittier, Attorney-in-Fact
ttorney-in-Fact
TRAVELERS J Aft. Travelers Casualty and Surety Company of America
RIDER
To be attached to and form part of Bond No, 104261436-271
Issued on behalf of SBA TOWERS, INC. as Principal, and in favor of TOWN OF DOUGLAS S 29 DEPOT ST., DOUGLAS, MA 01516 as Obligee.
It is agreed that:
1. The Surety hereby gives its consent to change the Bond Number:
from: 1 04261436471
to: 106238268
2. This rider shall become effective as of 02/01109.
PROVIDED, however, that the liability of the Surety under the attached bond as changed by this Rider shall not be
cumulative.
Signed, sealed and dated 02118/09
Travelers Casualty and Surety Company of America
Hartford, Connecticut 06183
Principal
Travelers Casualty and Surety Company of America
-in-Fact By: ( tl'ef4,742-.
thi6 M. Delcroix, Attorne
DUPLICATE ORIGINAL
STRUCTURE REMOVAL BOND Travelers Casualty and Surety Company of America One Tower Square3PB, Hartford, CT 06183
Bond No.: 104251436-271
KNOW ALL MEN BY THESE PRESENTS, That we SBA Towers, Inc. as Principal, and Travelers Casualty & Surety Company of America, of Hartford, Connecticut, authorized to do business in the State of Massachusetts, as Surety, are held and firmly bound unto Town of Douglas, 29 Depot St., Douglas, MA 01516 as Obligee, in the sum of Fifteen Thousand and 00/100 Dollars ($15,000.00), lawful money of the United States of America, for which payment well and truly to be made we bind ourselves, our heirs, executors and assigns, jointly and severally, firmly by these presents.
WHEREAS, the. Principal has obtained the benefit of a Personal Wireless Service (PWS) Facility Special Permit-- No. 08-01 PWS----issued by the Obligee for the placement of a telecommunications tower/structure/facility furnishing telephone, television or other electronic media service, which permit is recorded with the Worcester District Registry of Deeds in Book 42434, at Page 150, and sets forth terms and conditions which govern the use of such towers or structures and which permit is hereby specifically referred to and made a part hereof; and
WHEREAS, as a condition of said permit, the Principal is required to post bond guaranteeing the removal or ieluutilioli of said tower or structure located at Site i.u. NO. MA09987-5 Site Name Douglassmass State of Massachusetts Landowners: Henry Bosma, 436 NE Main St., Douglas, MA 01516 Date SBA.Towers, Inc. entered into the lease: 27th day of February, 2008.
NOW THEREFORE, the condition of this obligation is such that if the above bounden Principal shall perform in accordance with the aforesaid permit and indemnify the obligee against all loss caused by the Principal's breach of said Agreement, relating to the removal or relocation of a tower, structure or facility, then this obligation shall be void, otherwise to remain in full force and effect.
The bond is subject to the following express conditions:
This bond may be cancelled at any time upon ninety (90) days advance written notice from Surety to Obligee via Registered or Certified Mail. It is understood and agreed that the Obligee may recover the full amount of the Bond (less any previous amounts paid to Obligee under the Bond) if Surety cancels or nonrenews the Bond and, within forty-five (45) days prior to the effective date of cancellation or nonrenewal, the Obligee has not received a replacement bond, letter of credit or any other security acceptable to it to replace the Bond.
Notice of the Obligee's intent to recover under the bond must be in writing and sent via Registered or Certified Mail to the Surety. No right of action shall accrue under this bond to or for the use of any person other than the Obligee, it's successors or assigns.
The effective date of this bond is 27th day of February, 2008.
SIGNED, SEALED AND DATED this 27th day of February, 2008
For verification purposes, you may contact the insurance agent, HENDERSON BROS., INC, 920 FT. DUQUESNE BLVD., PITTSBURGH, PA 15222, 412-261-1842, FAX: 412-261-1171. Changes required in the bond can be accomplished by a change rider issued by the surety.
071S00777793
a)
0. 0
011) 0 3
SBA Network Services, LLC 1209 W. Shipley Ferry Road Suite 201 KI NGSPORT TN 37663-8300
US POSTAGE AND FEES PAID
FIRST CLASS Jan 03 2014 Mailed from ZIP 37663 2 oz First Class Mail
Flats Rate USPS CERTIFIED MAIL
iii
iA iii 9414 8102 0088 3053 1454 17
105238258 (Februar) Town of Douglas 29 Depot St DOUGLAS MA 01516
11 I I
8 0 I 0 Bk: 42432 Pg: 150 Page: 1 of 10 02/20/2008 09:18 AM WD
II II II
TOWN OF DOUGLAS PERSONAL WIRELESS SERVICE
(PWS) FACILITY SPECIAL PERMIT Pursuant to Sections 6.5 & 9.3 of the Douglas Zoning Bylaw
OFFICE USE ONLY
PERMIT No 08-01 PWS
DEC. DATE: 01129/2008
RENEW: Even( 2 years
I. Applicant Information
Northeast Wireless Services, LLC. &
Bryan S. Wilson Omnipoint Communications Contact Person Organization Name
175 Washington Street Suite B-13
Street Address Additional Address
Winchester MA City/Town State
(781) 789-0931 (781) 721-3313
Telephone Number Fax Number
01890
Zip Code
bwilson newirelessservices.com
Email Address
Other Comments
II. Representative Information
Northeast Wireless Services, LLC. &
Omnipoint Communications
Organization Name
175 Washington Street
Street Address
Winchester City/Town
Bryan S. Wilson Contact Person
Suite B-13 Additional Address
MA 01890
State Zip Code
(781) 789-0931 (781) 721-3313 bwilson newirelessservices.com
Telephone Number Fax Number Email Address
Other Comments
III. Owner Information
Henry G. & Marlene Bosma Organization Name Contact Person
436-440 Northeast Main Street
Street Address Additional Address
Douglas MA 01516
City/Town State Zip Code
(508) 476-8956
Telephone Number Fax Number Email Address
Other Comments
decision2. doc
Page 1 of 8 Douglas Planning Board
141 Assessors Map
436-440 NE Main Street
Street Address Douglas
City/Town
67 Assessors Parcel
22614
Deed Book
Additional Address
MA State
244
Deed Page
01516 Zip Code
III.Procedural History
TOWN OF DOUGLAS PERSONAL WIRELESS SERVICE
(PWS) FACILITY SPECIAL PERMIT Pursuant to Sections 6.5 & 9.3 of the Douglas Zoning Bylaw
OFFICE USE ONLY
PERMIT No.: 08-01 PWS
DEC. DATE: 01/29/2008
RENEW: Every 2 years
IV. Property Information
1. The first application for a Personal Wireless Service (PWS) Facilities Special Permit pursuant to Sections 6.5 & 9.3 of the Town of Douglas Zoning Bylaws was made by the above-referenced Applicant and originally filed with the Planning Board on September 21, 2006.
2. A public hearing on the first special permit application was opened on November 13, 2006 and was continued to the following dates: January 4, 2007; February 13, 2007; February 27, 2007; March 13, 2007; April 10, 2007 and closed on April 24, 2007.
3. The first special permit application was accompanied and augmented by the following engineering drawings ("DRAWINGS"):
3.1. Plan entitled: Northeast Wireless Services, Douglas, 436-440 NE Main Street, Douglas, MA 01516 dated 09/14/06 and revised through 03/09/07 and prepared by Hudson Design Group, LLC., 46 Beechwood Drive, North Andover, MA 01845 with an APPLICANT of Northeast Wireless Services, LLC., 175 Washington Street, Suite B-13, Winchester, MA 01891 and an OWNER of Henry G. Bosma and Marlene Bosma, 436-440 NE Main Street, Douglas, MA 01516.
4. The first application was denied by the Planning Board in decision Number 07-01 PWS dated 04/24/07 and filed with the Town Clerk on June 26, 2007.
5. A second application for a Personal Wireless Service (PWS) Facilities Special Permit pursuant to Sections 6.5 & 9.3 of the Town of Douglas Zoning Bylaws was made by the above-referenced Applicant and filed with the Planning Board on November 28, 2007.
6. A public hearing on the second special permit application was opened on December 11, 2007 and was closed on the same date — December 11, 2007.
decision2. doc
Page 2 of 8 Douglas Planning Board
TOWN OF DOUGLAS PERSONAL WIRELESS SERVICE
(PWS) FACILITY SPECIAL PERMIT Pursuant to Sections 6.5 & 9.3 of the Douglas Zoning Bylaw
OFFICE USE ONLY
PERMIT No.: 08-01 PWS
DEC. DATE: 01/29/2008
RENEW: Every 2 years
7. The second special permit application was accompanied and augmented by the same engineering drawings ("DRAWINGS") as listed under number 3.1 above.
8. The plans and other submission material were reviewed by the Planning Board, The Planning Agent (Stephen D. Zisk), and the Town Engineer (William Cundiff). Throughout its deliberations, the Planning Board has been mindful of the statements of the Applicant, and the comments of the general public, all as made at the public hearing.
VI. FINDINGS
A. General
1. The "SITE" is located off Northeast Main Street, Douglas, MA. The SITE is shown Town of Douglas Assessors Map 141 parcel 67 and consists of a total of approximately 41.91 acres, according to the Town of Douglas Assessors Tax Maps.
2. The proposed Personal Wireless Service ("PWS") facility is a 100' x 100' leased area within the SITE as defined above and as further detailed on Sheet C-lA of the DRAWINGS.
B. Regulatory
1. In accordance with Section 9.3.2 — Special Permits of the Douglas Zoning Bylaws, the Board found the following for each of the review criteria listed within this Section:
1.1. Section 9.3.2 #1 - No significant impact will result from traffic flow and safety, including parking and loading. The proposed facility will generate little to no traffic as part of its operation.
1.2. Section 9.3.2 #2 - There is a level of social, economic, or community needs which are served by this proposal. The proposed cell tower will provide some level of cellular phone coverage in the downtown area of Douglas for T-Mobile customers.
1.3. Section 9.3.2 #3 - This proposal does not appear to impact, for better or for worse, the adequacy of utilities and other public services serving the area.
1.4. Section 9.3.2 #4 - This proposal has demonstrated that it preserves the neighborhood character and social structures. The Applicant has indicated that
decision2. doc
Page 3 of 8 Douglas Planning Board
TOWN OF DOUGLAS PERSONAL WIRELESS SERVICE
(PWS) FACILITY SPECIAL PERMIT Pursuant to Sections 6.5 & 9.3 of the Douglas Zoning Bylaw
OFFICE USE ONLY
PERMIT No.: 08-01 PWS
DEC. DATE: 01/29/2008
RENEW: Every 2 years
the existing vegetation provides adequate buffer to screen the facility and thereby preserve the neighborhood character.
1.5. Section 9.32 #5 - This proposal does not appear to have any impact on the natural environment due to radio frequency emissions. Because the transmitters on the tower will be located more than 10 meters off the ground, they are considered under Federal regulations as extremely unlikely to cause harm to the general public due to emissions. No evidence has been presented to the Board that emissions from the tower will exceed Federal standards. The proposal does, however, appear to require the removal of a significant amount of vegetation on the Site, and thus will have a negative impact on the natural environment in that regard.
1.6. Section 9.3.2 #6 - There is no fiscal impact, including impact on town services, tax base, and employment as a result of the proposed PWS facility.
VII. DECISION & CONDITIONS
In view of the foregoing, the Planning Board hereby decides that the aforesaid properties is a proper parcel to be developed under Section 6.01 of the Town of Douglas Zoning Bylaws in that it meets all requisite criteria. It is therefore decided to grant a Special Permit for a Personal Wireless Service Facility (PWS) in accordance with the terms and conditions stated below.
1. Notwithstanding any future amendment to the Town of Douglas Zoning Bylaw or any other legislative act:
a. Evidence that this Special Permit has been filed with the Worcester County Registry of Deeds shall be presented to the Planning Board prior to the start of any construction; otherwise this permit is not valid.
b. If any of the parties listed in Section I — Section IV change, the Special Permit holder shall notify the Planning Board in writing of all changes at least 30 days prior to said change(s).
Inspection of the operation may be made at any reasonable hours by an Agent of the Planning Board.
d. Erosion Control Measures shall be implemented as indicated on the drawings and as deemed necessary by the Planning Board Agent and shall be maintained throughout the duration of the project.
decision2.doc Page 4 of 8 Douglas Planning Board
TOWN OF DOUGLAS PERSONAL WIRELESS SERVICE
(PWS) FACILITY SPECIAL PERMIT Pursuant to Sections 6.5 & 9.3 of the Douglas Zoning Bylaw
OFFICE USE ONLY
PERMIT No.: 08-01 PWS
DEC. DATE: 01/29/2008
RENEW: Every 2 years
e. The maximum grade of any sideslope within the excavation area shall be 3H:1V (33%). No vertical sideslope greater than 4H:1V shall extend more that 10-feet vertically without having a 10-foot wide bench and a minimum pitch of 2%. Stormwater generated from this bench shall not discharge onto abutting properties.
f. Any proposed work that is under the jurisdiction of the Conservation Commission must obtain a permit as required by the wetlands protection act and/or the rivers protection act.
g. The Applicant shall ensure safe and convenient vehicular access to the project site during for the duration of the permit.
h. Nuisance — The Applicant is responsible to ensure that nuisance conditions, not necessarily limited to the following, do not exist in and around the site as a result of the construction operation. The Applicant shall at all times use all reasonable means to minimize inconvenience to residents in the general area.
Hours - The hours of operation for any construction activities onsite shall be between 7:00 am and 7:00 pm, Monday thru Friday, 8:00 am and 5:00 pm on Saturdays, and no work shall be allowed onsite on Sundays or on Holidays as recognized by the Commonwealth of Massachusetts.
ii. Dust - The Applicant shall implement dust control operations, in an approved manner, whenever necessary or when directed by the Planning Agent, even though other work on the project may be suspended. Methods of controlling dust shall meet all air pollutant standards as set forth by Federal and State regulatory agencies.
iii. Noise - The Applicant shall implement measures to ensure that noise does not exceed acceptable levels, as set forth by Federal and State regulatory agencies. The Applicant shall cease any excessively loud activities when directed by the Planning Agent.
iv. Vibration - The Applicant shall implement the necessary controls to ensure that vibration does not create a nuisance or hazard for property abutters.
decision2. doc
Page 5 of 8 Douglas Planning Board
TOWN OF DOUGLAS PERSONAL WIRELESS SERVICE
(PWS) FACILITY SPECIAL PERMIT Pursuant to Sections 6.5 & 9.3 of the Douglas Zoning Bylaw
OFFICE USE ONLY
PERMIT No.: 08-01 PWS
DEC. DATE: 01/29/2008
RENEW: Every 2 years
v. Traffic - The Applicant shall implement necessary traffic safety controls to ensure a safe and convenient vehicular access in and around the site Any traffic issues that occur as a result of site operations and construction shall be mitigated immediately, at the expense of the Applicant. Additional traffic mitigation measures may be required as necessary, or as directed by the Planning Agent.
vi Complaints — All complaints related to the above or otherwise, shall be logged and tracked by the Planning Agent. Complaints will be brought to the attention of the Planning Board, as necessary. Any complaints that are found to be repetitive in nature and continue with no mitigation in the opinion of the Planning Board, may constitute a violation of these conditions and may be grounds for a stop order or a partial stop order.
The Board may revoke this permit for violations of any terms of this permit provided that it shall offer the applicant and/or operator an opportunity for a hearing prior to revocation of the permit. The Board may choose to suspend this permit without a hearing in the event of an imminent danger to public health or safety, prior to a hearing on whether to revoke the permit.
Burial of any trash, stumps, debris, onsite is expressly prohibited. Localized burial of stones and/or boulders is prohibited.
k. A copy of this Special Permit shall be kept onsite at all times and readily available for Planning Board Representatives to view during any site visit.
1. No advertising material or signs shall be placed on the tower.
m. The tower shall have a finish that is light blue in color.
n. No additional lighting beyond the minimum required by the FAA or FCC shall be allowed on the tower.
o. Each year on the anniversary of the "In-Service" data of the tower, the Special Permit holder shall file a report with the Town Clerk, the Planning Board and the Building Department prepared by a qualified individual of cell tower communications certifying that the tower does not exceed the Maximum Power Density for transmission as allowed by FCC and any other applicable Statutes.
decision2. doc
Page 6 of 8 Douglas Planning Board
TOWN OF DOUGLAS PERSONAL WIRELESS SERVICE
(PWS) FACILITY SPECIAL PERMIT Pursuant to Sections 6.5 & 9.3 of the Douglas Zoning Bylaw
OFFICE USE ONLY
PERMIT No.: 08-01 PWS
DEC. DATE: 01/29/2008
RENEW: Every 2 years
This permit is subject to the renewal, discontinued use, dismantling and bonding requirements stipulated in Section 6.5.7 of the Douglas Zoning Bylaws.
q. Douglas Police, Highway, Fire & Rescue have access to co-locate on the tower if they request to do so in the future.
2. Special Conditions
a. White pine trees are to be planted every 10-feet for a 100-foot distance along the side of the easement on the West Hartford Road (southerly) side of the facility and maintained appropriately.
b. Contact information must be provided to the Planning Board, Town Clerk and Building Inspector and be publicly accessible and not just attached to the fence.
c Surety shall be established for the project consistent with Section 6.5.7 of the Douglas Zoning Bylaws.
d. Keys or the combination to the locks at the facility shall be provided to all municipal emergency departments (e.g. Police, Fire & Highway).
decision2.doc Page 7 of 8 Douglas Planning Board
Filed with the Town Clerk on j/30/0
ToWveLERN
Henry G. & Marlene Bosma 42 Cottage Colony Douglas, MA 01516
TOWN OF DOUGLAS PERSONAL WIRELESS SERVICE
(PWS) FACILITY SPECIAL PERMIT Pursuant to Sections 6.5 & 9.3 of the Douglas Zoning Bylaw
OFFICE USE ONLY
PERMIT No.: 08-01 PWS
DEC. DATE: 01/29/2008
RENEW: Even/ 2 years
VIII. RECORD OF VOTE The members of the Planning Board voted as follows to grant a Special Permit subject to the above-stated terms and conditions:
Signatur In Favor Against Abstain Recuse
(4/ Ni 775014, Bro t ?Linda
Al 4111.... I 41 , ...._..• ogia,,im Chesebrough, ben / Marks, Ernest
.4149uk- A - /444.,_0?„,.4.„„ Mungeam, Makci
St. George, David
A,. PAL - 4..0 . AA ,k _ .
wen‘ )17, Roy
k n I. RiiiikAkt
,11-77-%-..... Vanden Berg, Richard r
UANI 3 0 2008] (
1L;jt Ibtatt 711
hristine Furno, Town Cler
Copy of Special Permit Decision Mailed to:
Bryan S. Wilson Northeast Wireless Services, LLC. 175 Washington Street, Suite B-13 Winchester, MA 01890
decision2.doc Page 8 of 8 Douglas Planning Board
THE COMMONWEALTH OF MASSACHUSETTS Town of DOUGLAS
Planning Board
January 29, 2008
Certificate of Granting of a Special Permit (General Laws Chapter 40A, Section 11)
The Planning Board of the Town of Douglas hereby certifies that a Special Permit has been gra
To: Northeast Wireless Services, LLC & Omnipoint Communications
MN 3 0 12008) Address: 175 Washington Street, Suite B-13
City or Town: Winchester, MA 01890
TOvi z aztx
affecting the rights of the owner with respect to land or buildings at:
436-440 Northeast Main Street, Douglas, MA 01516
And the said Planning Board further certifies that the decision attached hereto is a true and correct copy of its decision
granting said special permit, and that copies of said decision, and of all plans referred to in its decision, have been filed
with the Town Clerk.
The Planning Board also calls to the attention of the Owner or Applicant that General Laws, Chapter 40A, Section 11
(last paragraph) provides that no special permit, or any extension, modification or renewal thereof, shall take effect
until a copy of the decision bearing the certification of the Town Clerk that twenty days have elapsed after the decision
has been filed in the office of the Town Clerk and no appeal has been filed or that, if such appeal has been filed, that it
has been dismissed or denied, is recorded in the Registry of Deeds for the county and district in which the land is
located and indexed in the grantor index under the name of the Owner of record or is recorded and noted on the
Owner's certificate of title. The fee for such recording or registering shall be p id by the Owner or Applicant.
Douglas Planning Boar hairman
_gyv Douglas Town Clerk
at o'clock and minutes .M.
Received and entered with the Registry of Deeds in the County of Worcester
Book Page
ATTEST
Register of Deeds
Notice to be recorded by Land Owner.
Inr,OGLAS
FEB r2000
TOWN OF DOUGLAS MASSACHUSETTS
01516
TOWN CLEW
TOWN CLERK
Petitioner: Northeast Wireless Services, LLC & Omnipoint Communications
Owner: Henry G. & Marlene Bosma Address: 436-440 Northeast Main Street, Douglas, MA 01516 Location: 436-440 Northeast Main Street, Douglas, MA 01516 Deed Reference: Book: 22614, Page: 244
I hereby certify that a copy of the decision of the Planning Board of the Town of Douglas related to the application of
NORTHEAST WIRELESS SERVICES, LLC
OMNIPOINT COMMUNICATIONS
for a Special Permit was filed in this office on //30/6/ and that no notice of appeal was filed during the twenty (20) days next day after that date.
pu./.467: 09),P
hristine E.G. Furno, Town Clerk
6/3 /9_, owe Date
P:\Planning\Wireless Bylaw\Bosma \No Notice of 20-day Appeal.doc