For August 20, 2012 meeting To:

Planning Board Mark Boyer, Chairperson

From:

Jennifer Paquet Town Planner

Re:

Industrial Tower and Wireless, LLC. : AP 3, Lot 16 off 111 Hopkins Hill Road, Land Condo Unit # 4 Preliminary Plan Review

Review: Preliminary Plan stage for Development Plan Review AND Advisory opinion to Zoning Board on Special Use Permit. Zoning: Industrial A Zoning Use Table code 481B Communications Tower allowed in Industrial A zoning districts by Special Use Permit. See also Article VII Section 12, Communications Facilities for additional criteria. The Zoning setback dimensions for the Lot 16 are shown on the plan. The height of the tower is proposed to be 170 feet, and the location of the tower meets the 1:1 setback requirement (a 170 foot radius is shown on the plan). Applicant: Industrial Communications / Industrial Tower and Wireless, LLC Owner of property: Gansett Associates, LLC Wetlands: none ISDS: none proposed, unmanned structure TRC: Comments have been solicited from: Building/Zoning Official, Acting Chief of Police, and Fire Marshal. Planner’s Comments: The design engineer for the tower and foundation will need to have a RI Certificate of Authorization to Practice in the State of Rhode Island. This can be enforced by the Building Official when the applicant applies for a Building Permit. The tower location is on the west edge of the property, outside the 100 foot buffer, and meets the 170 foot 1:1 setback. The tower is designed for co-location of multiple carriers, and proposed to be able to hold 5 carriers. See the coverage maps for the coverage gap along Interstate 95 and Hopkins Hill Road that is proposed to be serviced. Apparently, no actual carrier is proposed at this time. The site design includes accommodation for drainage. This is proposed as future dry well drainage for future equipment shelters and future concrete pads. This drainage should be installed with the tower as part of the site so that it is ready to accommodate the carriers as they individually hook up. It should be noted that there was a recent change to Federal Law that

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For August 20, 2012 meeting allows carriers to locate on existing towers by-right, as opposed to by Special Use Permit, meaning that the opportunity for review of the equipment shelters by the Planning Board will not occur. I just don’t want the drainage infrastructure to be forgotten over time as the carriers come in piecemeal. Also, there is an existing pipe for drainage running from the area of this site into the detention basin, which is proposed to be removed and relocated. It seems that this pipe was installed in anticipation of the receiving area being a low spot collecting from a large area of pavement. Now that the cell tower is proposed in this location, this drainage pipe would not be serving its purpose and is proposed to be removed and relocated—presumably when and where future impervious development occurs. Since Development Plan Review would be required, this drainage modification (to reinstall relocated catch basin and pipes to detention pond) can be incorporated on a future plan review. In this location, there should be plenty of natural buffer (100 feet) to buffer the use of a cell tower, which is not expected to generate significant noise. However, if it is determined that this is not dense enough for a visual screen, a row of evergreens could be planted on the corner of the fenced area, extending about 30 feet on each side. This would fill in the gap in this location that has no berm.

Notes on Plan: The notes on the plan state that there is a UIC, OWTS, and fire department approval, however I don’t think any of these apply to this site (proposed Unit 4). The plan should be revised to reflect such details as they apply only to the proposed project. Additionally, the plan should specify the RIPDES permit approval for the entire site. The larger overall Hopkins Hill Industrial Park site in general: The majority of the site has been exposed for quite a while. We need to make sure there is not an erosion problem (water or wind induced). The site really should be stabilized. At this point, the detention pond and the berm should be well vegetated. A statement from the development owner’s engineer should certify that the roadway and drainage have been installed and fully completed according to the approved Preliminary Plan and that they are functioning as intended by the design. There should also be a status update statement from the owner’s engineer pertaining to conformance with the RIPDES permit. Also, it is time that a Drainage Maintenance Agreement for the common elements be signed. This is an agreement by the owner to ensure to the Town that the drainage will be maintained. This agreement is typically recorded with the Final plan. The overall project was supposed to apply for final review prior to the issuance of any building permit. We received an as-built for the road, water and gas utilities, and the drainage in 2010, but it was not part of a Final Plan application. Also, we know now from this cell tower application that some of the drainage infrastructure will have changed. The condition of Preliminary Plan approval states, “Final As-Built plans shall be reviewed by the Planning Board to ensure that the infrastructure approved on the Preliminary Plan has been constructed and stabilized properly, including, but not limited to, landscaping, slope stabilization, and

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For August 20, 2012 meeting establishment of vegetative cover. As-Built approval shall be required prior to the issuance of any building permit.” Another condition of Preliminary approval states, “The Planning Board shall assess the adequacy of the earthen berm and vegetated buffer after it is constructed and vegetated as proposed on the Preliminary Plan, and shall determine whether additional measures are needed.” This berm and landscaping should also be fully completed by now. I recommend that the cell tower be the last project allowed to move forward in this development, and that the Final As-built application, review, and approval shall occur prior to the submission of any other application within this development.

The following motions are offered for the Board’s consideration: Motion to approve the Preliminary Development Plan for the proposed communications tower and associated equipment cabinet area at AP 3, Lot 16, proposed condominium unit 4, as shown on the plans entitled, “Hopkins Hill Business Park,” Owner Gansett Associates, LLC, Applicant Industrial Communications, Sheets 1 through 5 prepared by DiPrete Engineering, and Sheet 6 prepared by Industrial Communications Engineering Division, dated 7/18/2012, with the following conditions: 1. post a bond adequate to cover the cost of dismantling and removal of a tower no longer in use (to be posted by owner and lessor) 3

For August 20, 2012 meeting 2. Tower must be structurally inspected by a registered engineer every 10 years and a certificate of such inspection shall be filed with the Building Inspector. 3. (landscape evergreen screen requirement?) 4. Construct the drainage infrastructure (and evergreens, if required) prior to Final Approval of Development Plan 5. That the applicant submit a Certificate of Authorization to Practice in the State of Rhode Island along with the Building Permit application. 6. The owner of the Hopkins Hill Business Park shall submit a Final plan application for review and approval prior to the submission of any subsequent Development Plan applications.

This approval is based on the following findings of fact: 1. That the proposed cell tower meets the review criteria for Development Plan Review, including criteria for Ecological Considerations; Landscape; Relationship of Proposed Structures to Environment; Scenic, Historic, Archaeological Landmark Sites; Surface Water Drainage; Driveway Connection to Public Streets; Traffic Effects; Pedestrian Safety; OnSite Parking and Circulation; and Utility Services. Minimal site work is needed to install the tower within an existing industrial development. There is also an existing 100 foot naturally vegetated buffer reserved between the residential neighborhood and the industrial development, and the proposed 170 foot tall monopole tower will be 300 feet away from the nearest residential structure. 2. There will be no significant negative environmental impacts from the development, and that it provides for surface water run-off control and shall minimize flooding and soil erosion. 3. That the proposed cell tower and application meets the additional Design Standards for Site Plan Approval for Communications Facilities, particularly the erection of the tower preserves the preexisting character of the surrounding buildings and land sues as much as possible, and existing on-site vegetation shall be preserved or improved and the disturbance of the existing topography shall be minimized. 7. The tower shall not be artificially lighted. Motion to recommend that the Zoning Board approve the Special Use Permit application for the proposed communications tower and associated equipment cabinet area as shown on the plans entitled, “Hopkins Hill Business Park,” Owner Gansett Associates, LLC, Applicant Industrial Communications, Sheets 1 through 5 prepared by DiPrete Engineering, and Sheet 6 prepared by Industrial Communications Engineering Division, dated 7/18/2012, with the following conditions: 1. the Development Plan application shall receive Final approval from the Planning Board or Planning Department after the proposed drainage has been installed. 2. post a bond adequate to cover the cost of dismantling and removal of a tower no longer in use (to be posted by owner and lessor) 3. Tower must be structurally inspected by a registered engineer every 10 years and a certificate of such inspection shall be filed with the Building Inspector. 4. The Zoning Board shall determine whether additional screening is required.

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For August 20, 2012 meeting

Based on the following findings of fact: 1. The use of a cell tower will be compatible with the neighboring uses and will not adversely affect the surrounding neighbors’ use and enjoyment of their property, as it will be located in an Industrial Zoning District, and will be over 300 feet away from the nearest dwelling, and there is a natural vegetated buffer 100 feet wide. 2. The use will be environmentally compatible with the neighboring properties and the protection of property values. 3. The use will be compatible with the orderly growth and development of the Town of West Greenwich, and will not be environmentally detrimental therewith. The tower will allow for cell phone coverage in an area whether there is currently a gap in coverage. 4. The best practices and procedures to minimize the possibility of any adverse effects on neighboring property, the Town of West Greenwich, and the environment have been considered and will be employed, including but limited to: consideration of soil erosion, water supply protection, septic disposal, wetland protection, traffic limitation, safety and circulation 5. The use will not result in or create conditions that will be detrimental to the public health, safety, morals and general welfare of the community 6. The purposes of the Zoning Ordinance shall be served by the Special Use Permit

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