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HomeMy WebLinkAbout0765 OAK STREET (CENT./W.BARN) f Oxford`s NO. 1.52 ORA ESSELTE 10% a r A.e Law Offices HOLLAND &KNIGHT UP Neal J. McNamara' y 401-553-6810 _ nmawnara@hklaw.com Sub 1800 I One Financial Plaza i Providence,Rhode Island 02903 t 401-751-8500•Fax 401-553-6850 www.hklaw.comcl* (w V 1 • 9jJ DAMES B.MALLESS,AICP � l Owner/Zoning Specialist C1 t a �30 WIRELESS PLANNING SERVICES, LLC. Planning&Zoning Services For The Wireless Industry P Ph 863-602-8485 Fax 863-688-5176 845 Mississippi Ave. : E mail 1927jbm@gte.net--�. _. Lakeland FL 33801 I r �y `O V ` 11 N J i �psk � k � � 5 �685 use hee � Or u�) Ja AOCII LEGAL DEPARTMENT, TOWN OF BARNSTABLE OFFICE OF TOWN ATTORNEY Inter-Office Memorandum DATE: January 29, 2001 TO: Elbert Ulshoeffer, Building Commissioner FROM: Robert D. Smith, Town Attorney [ Ruth J. Weil, Assistant Town Attorney RE: Special Permit/Variance for"Flynn" tower (Pinnacle Request) OUR FILE REF: #2001-0018 As per our previous conversations regarding the above, we are attaching copies of the Stipulation of Judgment which contains the special permit and variance regarding the so-called Flynn tower. I am also enclosing the Memorandum of Understanding signed by the parties, which settled the pending litigation arid also references the terms of the special permit and variance. Additionally, I am retuming the original submittal that Pinnacle provided to you. You will see that the special permit and variance give to the Building Commissioner a great deal of responsibility to ascertain if the tower owner is complying with the terms and conditions of the variance/special permit. We have endeavored to undertake a cursory review of the materials provided by Pinnacle in view of the terms and conditions of the special permit. Below you will find our assessment of what information is currently missing or not in compliance with the terms of the permit. Of course, you as building commissioner, under the terms of the special permit/variance,. have the independent responsibility to assure that the tower is in compliance with the [2001-00181bldgadvsl 1 terms of the special permit/variance. We have placed the conditions of the permit in "bold-faced" type". Our comments are as follows: Conditions of Special Permit: 1) The height of the existing or replacement Tower shall not exceed 388 feet above ground level. 2) The height of any antenna or other equipment on the Tower shall not exceed 431 feet above ground level. 3) The current number of Users is 31. No increase in the number of Users above 31, no new antennas or other attachments shall be placed on the Tower (other than replacement of current Users, antennas and attachments being relocated on the Tower after it has been replaced, ) except subject to the special permit procedure of the Town. 5) In addition to the plan dated November 19, 1996, within forty-five days from the date of the signing of this Agreement, the Owner shall provide the Board with a plan certified by a professional engineer or certified land surveyor which shows (a) the location of the current Tower prior to replacement; (b) the height of the Tower prior to replacement; (c) the width of the Tower prior to replacement; (d) the location and dimensions of any buildings located on the Property; and (e) the proposed location, height and width of the Tower as replaced. This was not provided within the prescribed period. The plan included in the Pinnacle submittal, lists the acreage as 2.21 acres, while the property which is the subject matter of the special permit explicitly consists of 231,665 square feet comprising Parcels 15-1, 15-2 and 19 on Assessor's Map 215. (Paragraph 1 of Findings for Special Permit also plan attached 12001.001 albldgadvsl] 2 to.Memorandum of Understanding as Exhibit 1). If Pinnacle does not own the parcel consisting of 231,665 feet, this could present an insurmountable problem for them for both the continued use of the tower as well as for the tower's replacement. Additionally, the plan appears to be lacking information as to the width of the existing tower and the location and dimensions of other buildings on the property. 6) Within thirty days of the execution of this Memorandum of Understanding, the Owner shall provide the Town with a photograph of the current Tower showing the location of all antennas and other attachments, accompanied by a statement under oath by the Owner that no new antennas or attachments have been added since June 30, 1999. There was a photograph provided which we gave to Ralph Crossen. In case you cannot locate it, we are attaching our copy. We have questions as to whether the photographs contained in "Item 6" show the same number of appliances as that contained in the original photograph submitted to us. When we broached this subject briefly with Pinnacle's representative, he indicated that he did not have a copy of the photograph which we are attaching. He thought that perhaps the photograph had to be enlarged. He also opined that the photograph did not show the "back' of the tower. Also, and not unrelated, we have never received a statement under oath that no new antennas or attachments have been added since June 30; 1999. Within thirty days from the.date that the replacement tower becomes operational, the Owner shall provide the Town with drawings and photographs of the replacement Tower, including a profile of the Tower showing the location of all antennas and other attachments. In addition, the Owner shall provide the name, address, elevation and type of antennas or (2001-001 RIdgadvsl i 3 i attachments for each User, accompanied by a statement under oath by the Owner that there has been no change in the number of Users, antennas and attachments when same were transferred to the replacement Tower. By January 15th of each year , the Owner shall provide the Town with a statement under oath identifying the name, address, elevation and type of antennas or attachments for each User. While most of this paragraph relates to events after the tower is replaced, we believe the January 15th yearly reporting provides an ongoing responsibility. We do not know if that information has been provided either to the ZBA or the Building Commissioner. 7) The replacement Tower shall not exceed in any discernible respect the width and other dimensions of the existing Tower. 8) The Owner shall diligently take all actions required of the Owner by federal law to have the Tower avoid interference with the receipt by area residents of radio and television broadcasts and telephone transmission: 9) The special permit herein granted shall be limited for a period of thirty , (30) years but shall be renewed for another thirty (30) year term after a public hearing held by the Town, after due notice in accordance with all applicable law, provided that the Tower is then in conformity with State and Federal safety and regulatory laws that apply to communication towers and provided further the owner of the Tower certifies to the Town under oath that the Tower is of economic benefit to the Owner and that there are Users on the Tower. The Owner shall also submit to the Board (1) a plan certified by an engineer that the Tower does not exceed 388 feet above ground level and that no antenna on the Tower exceeds 431 aboveground level and (ii) a statement certified by an engineer that [2001.0018Ibldgadvsll 4 the Tower is in compliance with all applicable engineering standards for similar telecommunication towers or a statement listing all items about the Tower that are not in compliance with then applicable engineering standards for similar telecommunication towers. If the Tower is not in compliance with all then applicable engineering standards, the special permit shall not be renewed until it is brought into compliance with all then applicable engineering standards. '1710) The existing Tower shall cease operating and be immediately L _� dismantled as soon as the replacement tower with all Users thereon become operational. In no case, shall the existing tower remain on the Property more than thirty days after the replacement tower is constructed. 11) This special permit shall be deemed a special permit for all current Users and all replacement Users subject to the conditions as specified herein. �2) The Owner shall give to the Town, through its.Building Commissioner and Zoning Board of Appeals, the name, address and description of the equipment of each existing and replacement User. At the time of the execution of the Memorandum of Understanding, a list of users were included. The list provided by Pinnacle "Item 7" is not the identical list. Also, there does not appear to be a description of equipment provided, which references the particular tenant involved. Finally, some of the names and addresses appear to provide the names of the "parent" entities, but'the actual tenants' names should also be included. 13) The Owner of the Tower shall submit evidence to the Board of Appeals and Building Commissioner annually that the Tower is in compliance with the all federal and state statutes, regulations and guidelines for radio frequency [2001-001 ftldgadvsl J 5 I radiation. The information contained in "Item 13" appears to be Pinnacle's general policy concerning radio frequency radiation. There does not appear to be specific information regarding this particular tower. 14) To the extent permitted by applicable federal laws, rules and regulations, the Tower lighting shall be white during daylight hours and red during nighttime hours, and the Tower shall not be painted orange and white. While we see reference in the document contained in "Item 14" to FAA Advisory Circular regarding lighting, it would be helpful to delineate precisely the lighting being proposed. 15) The Tower shall be dismantled and disposed of at the sole expense of the Tower's owner if it is-not in use for six (6) consecutive months, except for non-use as a result of damage, provided such damage is being repaired. Further the Tower's owner shall provide the Board with a copy of any notice to the Federal Communications Commission of the Tower owner's intent to cease operations. The Tower, after the filing of such a notice, shall be removed within 90 days from the date of ceasing operations. The Owner, or any successor owner of the Tower, shall annually post a bond with the Board in an amount determined sufficient by the Building Commissioner to dismantle and dispose of the Tower in the event of ceasing operation after a notice to the Federal Communication 'Commission or in the event the Tower is not in use for six (6) consecutive months, except for non-use as a result of damage provided such damage is being repaired. The representative from Pinnacle indicated that he would provide the amount of bond recommended by the Building Commissioner. [2001-001RIdgadni] 6, I CK67)5Landscaping shall be installed and maintained by the Owner to screen and minimize the view of the buildings, equipment and related facilities at the base of the Tower based upon landscape plans prepared by a licensed landscape architect, which plans shall be approved in advance by the Town's Building Commissioner as Chairperson of Site Plan Review. The submitted site plan does include a landscape plan, which is subject to the approval of the building commissioner. However, the plan only encompasses a portion of the lot which is the subject matter of the special permit, a potentially fatal problem that was noted above. 17) The Town of Barnstable, including but not limited to its Police Department, may maintain antennas on the Tower, without any rental fee provided the Town executes the Owner's standard lease for location on the Tower and provided that it can be accomplished without interference with any existing Users and only for as long as any Tower exists on the location. The Lease shall provide that the Town is prohibited from leasing or sub-leasing to third parties. The cost of erecting, installing,,and maintaining any such antennas and related equipment shall be at the sole cost, risk and expense of the Town. 18) The Tower shall be maintained in accordance with all applicable federal and state law and municipal zoning enactments. 19) All antennae existing and proposed for the Tower must meet or exceed current safety standards and regulations of the Federal Communications Commission and any other agency of the State or Federal government with authority to regulate antennas. Again, there does not appear to be any site-specific information submitted in response to this condition. If such standards or regulations [2001.0018/bldgadvsl l 7 change, then the owners of the antenna shall be required to bring their antennas into compliance with such revised standards and regulations within six (6) months of the effective date of such standards and regulations unless a more stringent compliance schedule is mandated by the controlling governmental body. Failure to bring antenna into compliance shall be grounds for removal of the antenna at the expense of the User. 20) At least every thirty six (36) months the Tower shall be inspected by a registered professional engineer specializing in tower reconstruction, at the Owner's sole expense. At a minimum, the inspection shall be conducted in accordance with the State Building Code. A copy of such inspection shall be provided to the Building Commissioner. If, upon inspection, the Tower fails to comply with such Code or otherwise structurally constitutes a danger to persons or property, then upon notices being provided to the Owner of the Tower, the Owner shall bring the Tower into compliance with such standards or otherwise cause the Tower not to structurally constitute a danger to person or property.. Failure to comply may result in an order to remove the Tower at the Owner's expense. 21) The Owner shall submit to the Board upon the Tower being replaced and the antennas being relocated thereon, a plan certified by an engineer,. showing the height of the Tower and the height of any antenna on the Tower that exceeds the height of the Tower. If the plan shows that the height of the replacement Tower exceeds 388 feet above ground level, then the height of the Tower shall be forthwith reduced to no more than 388 feet above ground level. If [2001.0018/bldgadnl 8 the plan shows the height of any antenna on the Tower exceeding 431 feet above ground level then the height of any such antenna shall be forthwith reduced to no more than 431 feet above ground level. Upon the reduction of the height of the Tower to no more than 388 feet above ground and the reduction of the height any such antenna to no more than 431 feet above ground level, the Owner shall forthwith submit a plan to the Board, certified by an engineer, showing that the height of the Tower and the height of all antennas so comply. Failure to bring the Tower and its antennas in compliance with the height limitation contained herein shall be grounds for revocation of the special permit and variance. 22) The Owner of the Tower, upon the Tower being replaced and all Users relocated thereon, shall notify all "parties in interest" to the Tower, as that term is defined in Massachusetts General Laws Chapter 40A Section 11, by certified mail, return receipt requested, postage prepaid, about the provisions of Federal law that provide for the protection of individuals from interference with radio and television broadcasts and telephone transmissions by communication towers and antennas thereon, the requirements imposed on the Owner and Users regarding any such interference and the procedures provided to persons who believe their radio or television broadcasts or telephone transmissions are being interfered with by the Tower or any User thereon. We should request a copy to the proposed notification. 23) The Special Permit and the obligations of the Town and the Owner hereunder are conditioned upon the receipt of from the Cape Cod Commission of either documentation that the Town and Owner are not prevented by the Cape [2001-001ftIdgacMI] 9 1 ° • 1 Cod Commission Act or the decision in Commission Case No. DR97023 from issuing and carrying out the terms and conditions of this Special Permit and Variance or action from the Cape Cod Commission which achieves the result of permitting the Owner to exercise this special permit, without requiring a new Development of Regional Impact review. The documentation contained in Item 23 is fine. 24) Prior to the Owner exercising any rights under this special permit, the owner and the Town of Barnstable (and any of its boards, officials or commission) shall dismiss with prejudice all litigation that each has filed against the other regarding the locus and shall withdraw with prejudice all pending applications before the Zoning Board of Appeals. This has been accomplished. 25) It is intended that this decision and the conditions contained herein, are in addition to and independent of any requirements to exercise the rights granted here under by other regulatory agencies, including without limitation, the FCC, and that the restrictions contained herein shall have independent legal significance and effect. 26) The term "Owner" as used herein applies to the current owners, to Paul Flynn, Sandra Flynn, Air Comm of Avon, LLC and their respective successors and assigns including without limitation, Pinnacle Towers, Inc. or any successors in title to B. Variance from Certain Minimum Yard Setbacks. The following findings and conditions.shall constitute the variance from Section 3-1.4 (5) of the Town of Barnstable Zoning Ordinance with regard to certain herein [2001-001RIdgadvslJ 10 specified yard setbacks to allow the installation of certain guy wires for the replacement Tower. The term "Tower" shall refer to the communications tower on the Property_as I the same may be replaced as specified herein. Conditions Based upon the findings, a Variance from the Minimum Yard Setbacks, Section 3-1.4(5) of the Zoning Ordinance to allow the installation of guy wires on the Tower which is to be replaced subject to compliance with the following conditions: 1. Conditions one through twenty-six contained in the special permit referenced above are incorporated herein as the conditions of this variance as well. 2. The minimum yard setbacks for the installation of guy wires for the replacement tower shall be varied only as shown on a plan entitled " Site Plan for in Barnstable, Massachusetts prepared for Paul P. Flynn and Sandra M. Flynn" by Lawrence E. Wilcox, Registered Land Surveyor , dated November 19, 1996. (Exhibit 1, attached hereto and incorporated by reference herein.) As noted above, the plan provided is different than the one referenced in the variance. Therefore, this condition has not been satisfied. 3. The requirements contained in Condition "&'of the special permit set forth above shall extend to this variance as well. We have no problem with you sharing this memorandum with Pinnacle prior to the scheduled site plan review, with the proviso that you have not had an opportunity to undertake your own review if you believe that that would be helpful. We welcome an opportunity to discuss this with you further if you so desire. [2001-001RIdgadvsl] 11 ' r y EUGENE BURMAN, RON S. JANSSON, EMMETT F. GLYNN, RICHARD L. BOY, GAIL NIGHTINGALE, THE TOWN OF - BARNSTABLE and THE TOWN OF BARNSTABLE ZONING BOARD OF APPEALS, By: James Tinsley, Town Manager, Pursuant to the provisions of Chapter 2, Article•4, General Ordinances of the town of Barnstable PINNACLE TOWER, INC., for itself and as Manager of AIRCOMM OF AVON, LLC By: Jamie Dell'Apa, Vice President Paul P. Flynn, for Himself, and Cape Television, Inc. Sandra M. Flynn Signed and Sealed in the presence of: 197- MOlVeleasel] 3 1 s liabilities, obligations, promises, losses, damages and expenses (including attorney's fees and costs actually incurred) of any nature whatsoever known or unknown, suspected or unsuspected, which the Barnstable Parties now have, own, hold, or claim to have owned or held against any or all of the Owners from the beginning of the world through the date of execution of this Release and Waiver of Claims, including without limitation, any claim set forth in or relating to any of the following litigations: (a) Flynn, et al. v. Burman, et al., Civ. A. No.97-12531-GAO (D.Mass.); (b) Aircomm of Avon, LLC, et al. v. The Town of Barnstable, Civ. A. No. 98-11178-GAO (D. Mass.); (c) Flynn, et al. v. Nightingale, et al., Zoning Board of Appeals, etc., Land Ct.,-Dkt. No. 236141; (d) Flynn, et al. v. Nightingale, et al., Zoning Board of Appeals, etc., Appeals Ct., No. 98-P-1683; (e) Flynn, et al., Cape Television, Inc. v. Nightingale, et al., Zoning Board of Appeals, etc., Land Ct., Dkt. No. 239029; (f) Glynn, et al, etc., Zoning Bd of Appeals, Cape Cod Commission v. Flynn, et al., Barnstable Superior Court, Civ. A. 98-54; (g) Glynn, et al, etc., Zoning Bd of Appeals, Cape Cod Commission v. Flynn, et al., Barnstable Superior Court, Civ. A. 98-368. The parties have participated through their attorneys in negotiations leading to this Release and Waiver of Claims; and have had the benefit of consultation and advice of said attorneys regarding the Release and Waiver of Claims and regarding the terms and effect of the Memorandum of Understanding and this document. In witness whereof, executed. and sealed this day of ,1999. (97-000 tkelease t l 2 EXHIBRr RELEASE AND WAVIER OF CLAIMS In consideration of the monies and other benefits described in the Memorandum of Understanding dated , the sufficiency of which is hereby acknowledged by the Parties: (1) AirComm of Avon, LLC, Paul P. Flynn, Sandra M. Flynn, Cape Television, Inc. and Pinnacle Towers, Inc. (collectively, the."Owners"), hereby irrevocably and unconditionally release, acquit and forever discharge Eugene Burman, Ron S. Jansson, Emmett F. Glynn, Richard L. Boy, Gail Nightingale, The Town of Barnstable and The Town of Barnstable Zoning Board of Appeals (and any current or former members thereof), their affiliates, predecessors, successors, related.entities, agents, representatives, officials, and assigns (collectively, the "Barnstable Parties"), from any and all charges, complaints, claims, liabilities, obligations, promises, losses, damages and expenses (including attorney's fees and costs actually incurred) of any nature whatsoever known or unknown, suspected or unsuspected, which the Owners now have, own, hold, or claim to have owned or held against any or all of the Barnstable Parties from the beginning of the world through the date of execution of this Release and Waiver of Claims, including without limitation, any claim set forth in or relating to any of the following litigations: (a) Flynn, et al. v. Burman, et al., U.S. Dist. Ct., Civ. A. No. 97-12531-GAO (D. Mass.); (b) ' AirComm of Avon, LLC, et al, v. The Town of Bamstable, U.S. Dist. Ct., Civ. A. No. 98-11178-GAO (D. Mass.); et al. Zoning(c) Flynn, et al. v. Nightingale, 9 Board of Appeals, etc., Land Ct., Dkt. No. 236141; (d) Flynn, et al. v. Nightingale, et al., Zoning Board of Appeals, etc., Appeals Ct., No. 98-P-1683; (e) Flynn, et al., Cape Television, Inc. v. Nightingale, et al., Zoning Board of Appeals, etc., Land Ct., Dkt. No. 239029; (f) Glynn, et al, etc., Zoning Bd of Appeals, Cape Cod Commission v. Flynn, et al., Barnstable Superior Court, Civ. A. 98-54.; (g) Glynn, et al, etc., Zoning Bd of Appeals, Cape Cod Commission v. Flynn, et al., Barnstable Superior Court, Civ, A. 98-368. (2) The Barnstable Parties hereby irrevocably and unconditionally release, acquit and forever discharge the Owners from any and all charges, complaints, claims, 1 1974)001keleasell EXHIBIT 2 .,,.. Airtouch Pa in Arch Communications Arch Communications Arch Communications BFI Waste S stems Boston University Communications Boston University Communications Comm Site International Federal Express Industrial Comm'& Electronics MAP Mobile, Communications Metrocall Mobilecomm Mobilecomm Mobilecomm Nextel Nextel Pa Wart. Pa eNet Pa eNet Preferred Networks Radio Call Com an Radio H annis WPXC-FM Radscan of Tam a SANDAB Communicaitons Sk tel Sk tel Sk tel Southwestern Bell Mobile S stems Southwestern Bell Mobile S stems Town of Barnstable Police De ot. r Signed this IdF"' day of Z / , 1999. TOWN OF BARNSTABLE AIR COMM OF AVON, LLC By: P CLE TOWS ,INC., Its ager By: By: es Tinsley,Town Manager,Arsuant J e JP44 Vice esid nt the provisions of Chapter 2, Article 4, General Ordinances of the Town of Barnstable Paul P. Flynn Sandra M. Flynn FrD0CS%W0RK%a9629agt 1p and their respective successors and assigns including without limitation, Pinnacle Towers, Inc. or any successors' in title to the Tower. VIII. The term "Memorandum of Understanding" as used in this agreement shall be. read as"Stipulation of Judgment" where the context so indicates and all other capitalized words shall refer to and be defined as identified herein. [97-0001/merge6] 21 V. Within thirty (30) days following the issuance of a Final Judgment in Case No. CA 98-54 which allows the Owner to exercise its rights under the special permit and variance or any other resolution or action which confers the right upon the Owner to reconstruct and operate the Tower in a manner consistent with the terms contained in this Memorandum of Understanding, the Escrow Agent shall deliver the $450,000 escrow funds to the Town and shall pay all interest earned on the escrow funds to the Town and all other actions and documents contemplated by this agreement, including but not limited to those delineated in Section III above, shall be executed and filed as herein provided for. Failure to comply with the provisions, as herein provided, shall be deemed a material breach of the terms of the special permit and variance and shall be grounds for the revocation of the special permit and variance. VI. In the event that final Judgment on any appeal which does not permit the Owner to either exercise its rights under the special permit or to reconstruct and operate the Tower in a manner consistent with the terms of this Memorandum of Understanding: a) the Escrow Agent shall deliver the $450,000 escrow funds to the Owner and shall pay all interest earned on the escrow funds to the Owner and (b) the Owner and the Town shall each be relieved of all obligations under the terms and conditions of this Memorandum of Understanding and each shall be free to take such actions to which they are entitled. VII. Wherever used herein"Owner" and "Town" shall mean and include and be binding upon and inure to the benefit of those parties identified in paragraphs B and C [97-0001/merge6l 20 i Owner; (c) the Owner and the Town shall execute and exchange mutual releases each releasing the other of all claims, losses, costs and expenses, including but not limited to attorney's fees and expenses for all activities in relation to or in connection with the Tower to the date of the releases(which sample releases are attached hereto and incorporated by reference herein as Exhibit 3) and (d) the Tower and Users shall be deemed in compliance with all applicable zoning ordinances, zoning rules and zoning regulations of the Town regarding the existence and maintenance of the Tower and Users, except to the extent the Tower must be replaced, the Tower shall be deemed in such compliance with all such applicable zoning ordinances, zoning rules and zoning regulations upon the Tower being so replaced, provided that the Tower complies with all of the terms and conditions of the herein Memorandum of Understanding, and, (e) Failure to comply with the provisions of this paragraph and the conditions of this Memorandum of Understanding shall be deemed a material breach of the special permit and variance and shall be grounds for the revocation of the special permit and variance. IV. In the event an appeal from the issuance of the Judgment in Case No. 98-54 and the special permit pursuant thereto referenced in paragraph (1) above is filed, the sum of $450,000 shall continue to be held in escrow until the resolution of the appeal and (2) all other.actions contemplated-by this Memorandum of Understanding shall be delayed until resolution of the appeal of the above referenced special permit. [97-0001/merge6] 19 i i Said sum of$450,000 shall be paid by the Escrow Agent in accordance with the provisions of Paragraphs III, IV, V and VI hereof for the purpose of mitigating the impacts caused by the Tower. Said $450,000 shall be used for acquisition of and/or improvements to open space or recreation land and facilities. The Escrow Agent shall acknowledge in writing that he is holding the funds in escrow pursuant to the terms of this Memorandum of Understanding. Until the Town receives the acknowledgment from the Escrow Agent that he is holding the funds in escrow, the Town shall hold the executed Memorandum of Understanding in escrow. Because the parties agree that the provision of the required mitigation is an essential component to this Memorandum, the parties agree that the Owner's failure to place the sum of Four Hundred Fifty Thousand ($450,000) Dollars in escrow within ten (10) days of the execution of this Memorandum of Understanding shall render this Memorandum and Agreement null and void and none of its provisions can be used for any purpose in any proceeding of any type. IIl. Upon the issuance of the Judgment in Case No. CA98-54 and the special permit and variance pursuant thereto for the Tower and Users, and all appeal periods therefrom having expired without any appeals having been made and satisfaction of the condition contained in paragraph 23 : (a)the Town and Owner shall execute and file Stipulations for Judgment of Dismissal of all other pending Court Appeals, Complaints and Petitions, including,without limitation,those listed i in this Memorandum of Understanding,(b)the Escrow Agent shall deliver the $450,000.00 escrow funds to the Town and shall pay all interest earned on the escrow Hinds to the [97-000]/meMe6l 18 information and its continued existence comports with the intent and purpose of the zoning ordinance, affected only if the conditions of this variance are strictly followed. Conditions Based upon the findings, a Variance from the Minimum Yard Setbacks, Section 3-1.4(5) of the Zoning Ordinance to allow the installation of guy wires on the Tower which is to be replaced subject to compliance with the following conditions: 1. Conditions one through twenty-six contained in the special permit referenced above are incorporated herein as the conditions of this variance as well. 2. The minimum yard setbacks for the installation of guy wires for the replacement tower shall be varied only as shown on a plan entitled" Site Plan for in Barnstable, Massachusetts prepared for Paul P. Flynn and Sandra M. Flynn" by Lawrence E. Wilcox, Registered Land Surveyor , dated November 19, 1996. (Exhibit 1, attached hereto and incorporated by reference herein.) 3. The requirements contained in Condition "23"of the special permit set forth above shall extend to this variance as well. II. Within ten (10) days of the execution of this Memorandum of Understanding the Owner shall place the sum of Four Hundred Fifty Thousand ($450,000) Dollars in escrow with Myer R. Singer of Dennis, MA (Escrow Agent). The escrow funds shall be held in an interest bearing savings account at The Cape Cod Five Cents Savings Bank. Said account shall be entitled "Myer R. Singer, Escrow Funds, AirComm/Barnstable MOU". 197-0001/merge6] 17 Findings 1.) All the findings contained in paragraphs one through eleven of the special permit listed above, to the extent applicable to the Petition for a Variance from minimum sideyard setbacks. 2.) In Appeal No. 1997-09, the Owner applied for a variance from the minimum yard setbacks to allow the installation of certain guy wires for the replacement tower as shown on the plan entitled " Site Plan for in Barnstable, Massachusetts prepared for Paul P. Flynn and Sandra M. Flynn" by Lawrence E. Wilcox, Registered Land Surveyor , dated November 19, 1996. (Exhibit 1, attached hereto and incorporated by reference herein.) 3.) The unusual topography of the property which especially affects the property but not generally the remainder of the residential zoning district(the property being located in one of the highest portions of the zoning district) and owing to certain circumstances of the structure which has sustained some damage and which circumstances especially affect the structure, a literal enforcement of the provisions of this ordinance would involve substantial hardship to the petitioner in that he would not be able to economically replace the Tower, as proposed. Further the variance may be granted without substantial detriment to the public good and without nullifying or substantially derogating from the intent and purpose of the zoning ordinance in that the tower provides a benefit to the Town through the transmission of certain public safety [97-0001/merge6] 16 24) Prior to the Owner exercising any rights under this special permit, the owner and the Town of Barnstable (and any of its boards, officials or commission) shall dismiss with prejudice all litigation that each has filed against the other regarding the locus and shall withdraw with prejudice all pending applications before the Zoning Board of Appeals. 25) It is intended that this dedision and the conditions contained'herein, are in addition to and independent of any requirements to exercise the rights granted here under by other regulatory agencies, including without limitation, the FCC, and that the restrictions contained herein shall have independent legal significance and effect. 26) The term "Owner" as used herein applies to the current owners, to Paul Flynn, Sandra Flynn, Air Comm of Avon, LLC and their respective successors and assigns including without limitation, Pinnacle Towers, Inc. or any successors in title to the Tower. B. Variance from Certain Minimum Yard Setbacks The following findings and conditions shall constitute the variance from Section 3-1.4 (5) of the Town of Barnstable Zoning Ordinance with regard to certain herein specified yard setbacks to allow the installation of certain guy wires for the replacement Tower. The term"Tower" shall refer to the communications tower on the Property as'the same may be replaced as specified herein. [97-0001/merge6] 15 i I forthwith submit a plan to the Board, certified by an engineer, showing that the height of the Tower and the height of all antennas so comply. Failure to bring the Tower and its antennas in compliance with the height limitation contained herein shall be grounds for revocation of the special permit and variance. 22) The Owner of the Tower, upon the Tower being replaced and all Users relocated thereon, shall notify all "parties in interest" to the Tower, as that term is defined in Massachusetts General Laws Chapter 40A Section 11, by certified mail, return receipt requested, postage prepaid, about the provisions of Federal law that provide for the protection of individuals from interference with radio and television broadcasts and telephone transmissions by communication towers and antennas thereon, the requirements imposed on the Owner and Users regarding any such interference and the procedures provided to persons who believe their radio or television broadcasts or telephone transmissions are being interfered with by the Tower or any User thereon. 23) The Special Permit and the obligations of the Town and the Owner hereunder are conditioned upon the receipt of from the Cape Cod Commission of ei er� documentation that the Town and Owner are not prevented by the Cape Cod Commission Act or the decision in Commission Case No. DR97023 from issuing and carrying out the terms and conditions of this Special Permit and Variance or action from the Cape Cod Commission which achieves the result of permitting the Owner to exercise this special permit, without requiring a new Development of Regional Impact review. 197-000 t/merge6l 14 20) At least every thirty six (36) months the Tower shall be inspected by a registered professional engineer specializing in tower reconstruction, at the Owner's sole expense. At a minimum, the inspection shall be conducted in accordance with the State Building Code. A copy of such inspection shall be provided to the Building Commissioner. If, upon inspection, the Tower fails to comply with such Code or otherwise structurally constitutes a danger to persons or property, then upon notices being provided to the Owner of the Tower, the Owner shall bring the Tower into compliance \ with such standards or otherwise cause the Tower not to structurally constitute a danger to person or property. Failure to comply may result in an order to remove the Tower at the Owner's expense. 21) The Owner shall submit to the Board upon the Tower being replaced and the antennas being relocated thereon, a plan certified by an engineer, showing the height of the Tower and the height of any antenna on the Tower that exceeds the height of the Tower. If the plan shows that the height of the replacement Tower exceeds 388 feet above ground level, then the height of the Tower shall be forthwith reduced to no more than 388 feet above ground level. If the plan shows the height of any antenna on the Tower exceeding 431 feet above ground level then the height of any such antenna shall be forthwith reduced to no more than 431 feet above ground level. Upon the reduction of the height of the Tower to no more than 388 feet above ground and the reduction of the height any such antenna to no more than 431 feet above ground level, the Owner shall [97-000 1/merge6l 13 17) The Town of Barnstable, including but not limited to its Police Department, may maintain antennas on the Tower,without any rental fee provided the Town executes the Owner's standard lease for location on the Tower and provided that it can be accomplished without interference with any existing Users and only for as long as any Tower exists on the location. The Lease shall provide that the Town is prohibited from leasing or subleasing to third parties. The cost of erecting, installing, and maintaining any such antennas and related equipment shall be at the sole cost, risk and expense of the Town. 18) The Tower shall be maintained in accordance with all applicable federal and state law and municipal zoning enactments. 19) A11 antennae existing and proposed for the Tower must meet or exceed current safety standards and regulations of the Federal Communications Commission and any other.agency of the State or Federal government with authority to regulate antennas. if such standards or regulations change, then the owners of the antenna shall be required to bring their antennas into compliance with such revised standards and regulations within six (6)months of the effective date of such standards and regulations unless a more stringent compliance schedule is mandated by the controlling governmental body. Failure to bring antenna into compliance shall be grounds for removal of the antenna at the expense of the User. 197-OW 1/merge6) 12 14) To the extent permitted by applicable federal laws, rules and regulations, the Tower lighting shall be white during daylight hours and red during nighttime hours, and the Tower shall not be painted orange and white. 15) The Tower shall be dismantled and disposed of at the sole expense of the Tower's owner if it is not in use for six (6) consecutive months, except for non-use as a result of damage, provided such damage is being repaired. Further the Tower's owner shall provide the Board with a copy of any notice to the Federal Communications Commission of the Tower owner's intent to cease operations. The Tower, after the filing of such a notice, shall be removed within 90 days from the date of ceasing operations. The Owner, or any successor owner of the Tower, shall annually post a bond with the Board in an amount determined sufficient by the Building Commissioner to dismantle and dispose of the Tower in the event of ceasing operation after a notice to the Federal Communication Commission or in the event the Tower is not in use for six (6) consecutive months, except for non-use as a result of damage provided such damage is being repaired. 16) Landscaping shall be installed and maintained by the Owner to screen and minimize the view of the buildings, equipment and related facilities at the base of the Tower based upon landscape plans prepared by a licensed landscape architect, which plans shall be approved in advance by the Town's Building Commissioner as Chairperson of Site Plan Review. 197-0001imerge6] 11 i Tower exceeds 431 above ground-level and (ii) a statement certified by an engineer that the Tower is in compliance with all applicable engineering standards for similar telecommunication towers or a statement listing all items about the Tower that are not in compliance with then applicable engineering standards for similar telecommunication towers. If the Tower is not in compliance with all then applicable engineering standards, the special permit shall not be renewed until it is brought into compliance with all then P applicable engineering standards. The existing Tower shall cease operating and be immediately dismantled as 10) g P soon as the replacement tower with all Users thereon become operational. In no case, shall the existing tower remain on the Property more than thirty days after the replacement tower is constructed. 11) This special permit shall be deemed a special permit for all current Users and all replacement Users subject to the conditions as specified herein. 12) The Owner shall give to the Town, through its Building Commissioner and Zoning Board of Appeals, the name, address and description of the equipment of each existing and replacement User. 13) The Owner of the Tower shall submit evidence to the Board of Appeals and Building Commissioner annually that the Tower is in compliance with the all federal and state statutes, regulations and guidelines for radio frequency radiation. [97-0001/merge6] 10 including a profile of the Tower showing the location of all antennas and other attachments. In addition,the Owner shall provide the name, address, elevation and type of antennas or attachments for each User, accompanied by a statement under oath by the Owner that there has been no change in the number of Users, antennas and attachments when same were transferred to the replacement Tower. By January 15`h of each year , the Owner shall provide the Town with a statement under oath identifying the name, address, elevation and type of antennas or attachments for each User. 7) The replacement Tower shall not exceed in any discernible respect the width and other dimensions of the existing Tower. 8) The Owner shall diligently take all actions required of the Owner by federal law to have the Tower avoid interference with the receipt by area residents of radio and television broadcasts and telephone transmission. 9) The special permit herein granted shall be limited for a period of thirty (30) years but shall be renewed for another thirty (30) year term after a public hearing held by the Town, after due notice in accordance with all applicable law, provided that the Tower is then in conformity with State and Federal safety and regulatory laws that apply to communication towers and provided further the owner of the Tower certifies to the Town under oath that the Tower is of economic benefit to the Owner and that there are Users on the Tower. The Owner shall also submit to the Board (i) a plan certified by an engineer that the Tower does not exceed 388 feet above ground level and that no antenna on the [97-0001lmerge6J 9 I 3)The current number of Users is 31. No increase in the number of Users above 31, no new antennas or other attachments shall be placed on the Tower(other than replacement of current Users, antennas and attachments being relocated on the Tower after it has been replaced,) except subject to the special permit procedure of the Town. 4) The Tower as replaced and the Users their antennas and attachments relocated from the existing tower shall hereafter be deemed pre-existing and non-conforming Users and/or structures. 5) In addition to the plan dated November 19, 1996, within forty-five days from the date of the signing of this Agreement, the Owner shall provide the Board with a plan certified by a professional engineer or certified land surveyor which shows (a) the location of the current Tower prior to replacement; (b)the height of the Tower prior to replacement; (c) the width of the Tower prior to replacement; (d) the location and dimensions of any buildings located on the Property; and (e) the proposed location, T height and width of the Tower as replaced. 6) Within thirty days of the execution of this Memorandum of Understanding, the Owner shall provide the Town with a photograph of the current Tower showing the location of all antennas and other attachments, accompanied by a statement under oath by the Owner that no new antennas or attachments have been added since June 30, 1999. Within thirty days from the date that the replacement tower becomes operational, the Owner shall provide the Town with drawings and photographs of the replacement Tower, [97-0001/merge6] 8 11) The proposed replacement and maintenance and use of the Tower as a multi- user transmission site and facility i) will not be substantially more detrimental to the surrounding neighborhood, ii) will be no more detrimental to the neighborhood and iii) will not result in substantial detriment to the public good or the neighborhood affected only if the conditions of this special permit are strictly followed. This finding is based upon the determination that the replacement tower will be no more detrimental than the existing tower is to the neighborhood because there will be no greater noise or visual impact than the existing tower, the replacement tower will be built to current engineering standards and will create no different impacts or conditions than the present tower. Conditions Based upon the findings, a Special Permit under Sections 4-4.4(2), 4-4.5(1) and 4-4.5(2) of the Zoning Ordinance to allow the Tower as a pre-existing nonconforming use and a preexisting nonconforming structure , to be replaced and maintained and used as a multi- user transmission site and facility by the Owner and their successors in interest, is issued subject to compliance with the following conditions: 1) The height of the existing or replacement Tower shall not exceed 388 feet above ground level. 2) The height of any antenna or other equipment on the Tower shall not exceed 431 feet above ground level. [97-0001/merge6] I i single user to a multi-user tower had occurred without the proper permits from the Board. However, the tower to the height of 370 feet has been in existence for more than ten years and therefore, under G. L. c. 40A, §7, unless the Building Commissioner found the tower to be structurally unsound, the Town could not force the removal of the tower to that height. However, G. L. c. 40A, §7 does not protect the tower from enforcement for the _ unauthorized expansion or change of use. 7) The existing tower has a number of users which provide valuable services to I the community. 8) The Owner has provided the Board Aith a certified plan of the property prepared by Lawrence E. Wilcox, Registered Land Surveyor dated November 19, 1996, which shows the 231,665 square foot subject locus, the location of the existing tower as well as the location of the proposed replacement tower. This constitutes the Property subject to this permit.(Attached hereto and incorporated by reference herein as Exhibit 1) 9) The Town requires regulation, mitigation and control of the Tower and its use by the existing tenants of the Tower or their replacements (herein Users), if it and they are to remain and continue to be used. 10) The existing tower now has a total of 31 users. The Tower and the Users and their respective antennae and attachments are to be regulated by the terms of this special permit.(Attached hereto and incorporated by reference herein as.Exhibit 2). [97-0001/merge6] 6 in a residence"E" zoning district where detached single-family dwelling, professional and home occupation and the renting of rooms to not more than six lodgers were the only principal permitted uses. 3) On or about June 25, 1970, Mr. Moore filed an application for a building permit, referencing Appeal 1969-58 and in 1970, pursuant to the original building application and permit, the tower was constructed on the locus to a height of 220 feet. 4) The Town of Barnstable, through its Building Commissioner ["Town"], alleged that the Tower has been, after its initial 220-foot height and use, increased in height and use without proper permits from the Town. 5) The Owner has applied for a special permit to expand a pre-existing nonconforming use under Section 4-4.4 (2) and/or to change from one nonconforming use to another under Section 4-4.5. A residential property-owner in the Town of { Barnstable with property located in the RF zone is currently prohibited from obtaining a special permit for an accessory use on a lot which is not adjoining or across the street from the principal permitted use. The transmission tower is a nonconforming accessory use as a single-user tower and the tower to a height of 220 feet is a pre-existing nonconforming structure. 6) The existing tower is currently at a height of 388 feet and with the television transmission antenna the total height of the tower is 431 feet. The Board of Appeals previously found that the increase of the height of the tower and use of the tower from a 197-0001/merge6J 5 interest of the Town of Barnstable Now, therefore, the parties agree that: 1. The Town and Owner shall file a Stipulation for Judgment in Massachusetts Trial Court Superior Court Department, Barnstable County, Case No. 98-54 and Case No. 98- 368, without costs and without rights of appeal incorporating the special permit and variance findings, terms and conditions set forth below. Special Permit A. The following findings and conditions shall constitute the special permit for the Tower. The term "Tower" shall refer to the communications tower on the Property as the same may be replaced as specified herein. Findings: 1) The Property is located at 749 Oak Street, West Barnstable, MA, as shown on Assessor's Map 215 as Parcels 15-1, 15-2 and 19, (consisting of 231,665 square feet) in an RF Residential F Zoning, where a single family residential dwelling is the principal permitted use. 2) The Property was issued a special permit under Paragraph P (8) of the zoning bylaw in Appeal No. 1969-58 to construct a 220-foot radio transmission tower in West Barnstable as an accessory use to radio station WQRC in Hyannis. Paragraph P (8) allowed the Zoning Board of Appeals to issue a special permit to "(a)ny use not on the same lot with the building to which it is accessory." The site of the proposed tower was [97-0001/merge6l 4 pending before the ZBA; and L. WHEREAS, Owner filed an action in the United States District Court, District of Massachusetts, Civil Action No. 98-11178 GAO, in which the Owner sought a preliminary injunction for the issuance of an emergency building permit, which motion was denied; and M. WHEREAS, the Town of Barnstable requires regulation and control of the Tower and its use by the existing tenants of the Tower or their replacement users (hereinafter "Users") both on the existing Tower and once said Users are relocated on the replacement Tower if it and they are to remain and continue to be used; and N. WHEREAS, the Town and Owner desire to resolve all applications to the ZBA and all appeals to and proceedings in the Massachusetts Trial Court Land Court Department and Superior Court Department and the Massachusetts Appeals Court and United States District Court District of Massachusetts and the parties desire to settle and resolve all outstanding disputes and litigation between them, the parties agree to the following settlement terms; and O. WHEREAS, the Town of Barnstable has a"litigation control ordinance", Chapter II, Article IV, §§9 through 13 of the general ordinances which permits the Town Manager, with the advice of the Town Attorney, to settle litigation on behalf of the Town and the Town Manager, with the advice of the Town Attorney has determined that the settlement of all pending litigation, in accordance with the terms set forth below is in the best 197-0001/merge6j t , F. WHEREAS, Owner applied to the ZBA, Case No. 1997-08, seeking to amend the decision in ZBA Case No. 1969-58 or seeking special permits to use or replace the Tower which application is pending before the ZBA; and G. WHEREAS, Owner applied to the ZBA, Case No. 1997-09, seeking variance(s) to replace the Tower, which cases are pending before the ZBA; and H. WHEREAS, the Town made a discretionary referral of the applications in ZBA Case Nos. 1997-08 and 1997-09 to the Cape Cod Commission, herein Commission, as a discretionary referral, which referral was accepted by the Commission in Commission, Case No. DR97023 and which discretionary referral was procedurally denied; and I. WHEREAS, the Town filed appeals with the Massachusetts Trial Court Superior Court Department, Barnstable County, Case No. CA98-54 and CA98-368, of Notices of Constructive Approval of Owner's applications in ZBA Case Nos. 1997-08 and 1997-09 which appeals are pending in said Court; and J. WHEREAS, after decisions of the ZBA or its alleged failure to make decisions, Owner filed a Complaint with the United States District Court, District of Massachusetts, Civil Action No. 97-12531-GAO, which Complaint is pending before the United States District Court; and K. WHEREAS, Owner applied to the ZBA, (a) Case No. 1998-91 appealing the Town's refusing to act on a building permit application (b) Case No.1998-92 denying a building permit and (c) Case No. 1998-93 order to take down the Tower, which applications are [97-0001/merge6l 2 MEMORANDUM OF UNDERSTANDING A. WHEREAS,Air Comm of Avon, LLC owns a communications tower, herein Tower, at 749 Oak Street, West Barnstable, MA, herein Property; and B. WHEREAS, the Property, since some time in 1992 has been owned by Air Comm of Avon, LLC, Paul P. Flynn, Sandra M. Flynn, Cape Television, Inc. or one or more of them, all collectively, herein Owner; and C. WHEREAS, the Town of Barnstable, through its Building Commissioner, herein Town, alleges that the Tower has been, after its initial 220 foot height and use, increased in height and use without proper permits from the Town; and D. WHEREAS, Owner applied to the Town of Barnstable Zoning Board of Appeals, herein ZBA, in Case No. 1996-158, appealing the Town's decision that the Tower was in violation of the Town Zoning Ordinances, which appeal was denied by the ZBA and appealed by Owner to the Massachusetts Trial Court Land Court Department, Case No. 23 614 1; wherein the Land Court entered summary judgment in the favor of the ZBA, which case is on appeal in the Appeals Court in Appeal No. 98-P-1683; and E. WHEREAS, Owner filed an appeal to the ZBA, Case No. 1997-33, of the Town's (a) decision rescinding a building permit issued and (b) an order for Owner not to use the Tower above 220 feet, which appeal was denied by the ZBA and appealed by Owner to the Massachusetts Trial Court Land Court Department, Case No. 239029; and [97-0001/merge6] 1 • 1 C� r l.J.SCIABA 18 VVGkve Saes•P.O.BOX 191 CaMTRACTIMC COMPANY.1N4r-. Read vilIs, MA 02137 6 1 7) 3 6 4.6 1 5 0 °ATE roe No. FAX (617) 364•,1055 A. dol XrrOmoN TO 64 CDA-K N CP M WE ARE SENDING YOU ❑ Attached ❑ Under separate cover via the follow itemU;? Samples ❑ eciW CUB �. ❑ Shop drawings ❑ Prints ❑ Plans ❑ Sam S ?pc. p p ilcations' � ❑ Copy of letter ❑ Change order ❑ COPIES c�R.tG�iv.9 t- a� tM-e�v r ' PeeFea�w!;►c jr THESE ARE TRANSMITTED as chocked below: U For approval I:J Approved as submitted LJ Resubmit copies for approval ❑ For your use ❑ Approved as noted LI Submit copies for distribution O As requested q ❑ Returned for corrections 171 Return corrected prints L7 For review and comment ❑ ❑ FOR BIDS DUE ri PRINTS RETURNED AFTER LOAN TO US REMARKS 94DD F-7 COPY TO SIGNED: Bond Number: 1045249 DUPLICATE ORIGINAL AIA Document A312 PERFORMANCE BOND Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable. CONTRACTOR (Name and Address): SURETY (Name and Principal Place of Business): E.J. Sciaba Contracting Company, Inc. XL Specialty Insurance Company 18 Wolcott Street 100 Foxborough Blvd—FN1-02 Readville, MA 02137 Foxborough, MA 02035 Quincy, MA 02169 OBLIGEE (Name and Address): Pinnacle Towers, Inc. 301 North Cattle Road .Sarasota, FL 34232 CONSTRUCTION CONTRACT Date: 9/20/2001 Amount: $309,000.00 Description (Name and Location): Barnstable Site#0236-002(Oak St.,West Barnstable, MA) Remove & Install Towers—Project#0236-002 BOND Date: (Not earlier than Construction Contract Date): 9/20/2001 Amount: $309,000.00 Modifications to this Bond: None CONTRACTOR AS PRINCIPAL: Company: E.J. Sciaba Contracting Company, Inc. Signature: Name &Title: SURETY: Company: XL Specialty Insurance Company Signature: /v/ Susan M. Kedian, Attorney-in-Fact (FOR INFORMATION ONLY-Name, Address and Telephone) AGENT or BROKER: OWNER'S REPRESENTATIVE (Architect, Engineer or other party): AON RISK SERVICES OF MASSACHUSETTS 99 High Street Boston, MA 02110 (617)482-3100 1 1. The Contractor and the Surety,jointly and severally,bind themselves,their heirs,executors,administrators,successors and assigns to the Owner for the performance of the Construction Contract,which is incorporated herein by reference. 2. If the Contractor performs the Construction Contract,the Surety and the Contractor shall have no obligation under this Bond,except to participate in conferences as provided in Subparagraph 3.1. 3. If there is no Owner Default,the Surety's obligation under this bond shall arise after 3.1 The Owner has notified the Contractor and the Surety.at its address described in Paragraph 10 below that the Owner is considering declaring a Contractor Default and has requested and attempted to arrange a conference with the Contractor and the Surety to be held not later than fifteen days after receipt of such notice to discuss methods of performing the Construction Contract. If the Owner, . the Contractor and the Surety agree,the Contractor shall be allowed a reasonable time to perform the Construction Contract,but such an. agreement shall not waive the Owner's right,if any,subsequently to declare a Contractor Default;and 3.2 The Owner has declared a Contractor Default and formally terminated the Contractor's right to complete the contract. Such Contractor Default shall not be declared earlier than twenty days after the Contractor and the Surety have received notice as provided in Subparagraph 3.1;and 3.3 . " The Owner has agreed to pay the Balance of the Contract Price to the Surety in accordance with the terms of the Construction Contract or to a contractor selected to perform the Construction Contract in accordance with the terms of the contract with.the Owner. 4. When the Owner has satisfied the conditions of Paragraph 3,the Surety shall promptly and at the Surety's expense take one of the following actions: 4.1 Arrange for the Contractor,with consent of the Owner,to perform and complete the Construction Contract;or 4.2 Undertake to perform and complete the Construction Contract itself,through its agents or through independent contractors;or 4.3 Obtain bids or negotiated proposals from qualified contractors acceptable to the Owner for a contract for performance and completion of the Construction Contract,arrange for a contract to be prepared for execution by the Owner and the contractor selected with the Owner's concurrence,to be secured with performance and payment bonds executed by a qualified surety equivalent to the bonds issued on the Construction Contract,and pay to the Owner the amount of damages as described in Paragraph 6 in excess of the Balance of the Contract Price incurred by the Owner resulting from the Contractor's default;or 4.4 Waive its right to perform and complete,arrange for completion or obtain a new contractor and with reasonable promptness under the circumstances: .1 After investigation,determine the amount for which it may be liable to the Owner and,as soon as practicable after the amount is determined,tender payment therefor to the Owner;or .2 Deny liability in whole or in part and notify the Owner citing reasons therefor. 5. If the Surety does not proceed as provided in Paragraph 4 with reasonable promptness,the Surety shall be deemed to be in default on this Bond fifteen days after receipt of an additional written notice from the Owner to the Surety demanding that the Surety perform its obligations under this Bond,and the Owner shall be entitled to enforce any remedy available to the Owner. If the Surety proceeds as provided in Subparagraph 4.4,and the Owner refuses the payment tendered or the Surety has denied liability,in whole or in part,without further notice the Owner shall be entitled to enforce any remedy available to the Owner. 6. After the Owner has terminated the Contractor's right to complete the Construction Contract,and if the Surety elects to act under Subparagraph 4A,4.2;or.4.3 above,.then the responsibilities of the Surety to the Owner shall not be greater than those of the Contractor under the Construction Contract,and the responsibilities of the Owner to the Surety shall not be greater than those of the Owner under the Construction Contract. To the limit of the amount of this Bond,but subject to commitment by the Owner of the Balance of the Contract Price to mitigation of costs and damages on the Construction Contract,the Surety is obligated without duplication for: 6.1 The responsibilities of the Contractor for correction of defective work and completion of the Construction Contract; 6.2 Additional legal,design professional and delay costs resulting from the Contractor's Default,and resulting from the actions or failure to act of the Surety under Paragraph 4;and 6.3 Liquidated damages,or if no liquidated damages are specified in the Construction Contract,actual damages caused by delayed performance or non-performance of the Contractor. 7. The Surety shall not be liable to the Owner or others for obligations of the Contractor that are unrelated to the Construction Contract,and the Balance of the Contract Price shall not be reduced or set off on account of any such unrelated obligations. No right of action shall accrue on this Bond to any person or entity other than the Owner or its heirs,executors,administrators or successors. 8. The Surety hereby waives notice of any change,including changes of time to the Construction Contract or to related subcontracts, purchase orders and other obligations. 2 9. Any proceeding, legal or equitable, under this Bond may be instituted in any court of competent jurisdiction in the location in which the work or part of the work is located and shall be instituted within two years after Contractor Default or within two years after the Contractor ceased working or within two years after the Surety refuses or fails to perform its obligations under this Bond,whichever occurs first. If the provisions of this Paragraph are void or prohibited by law,the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. 10. Notice to the Surety,the Owner or the Contractor shall be mailed or delivered to the address shown on the signature page. 11. When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be performed,any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein. The intent is that this Bond shall be construed as a statutory bond and not as a common law bond. 12. DEFINITIONS 12.1 Balance of the Contract Price: The total amount payable by the Owner to the Contractor under the Construction Contract after all proper adjustments have been made,including allowance to the Contractor of any amounts received or be received by the Owner in settlement of insurance or other claims for damages to which the Contractor is entitled,reduced by all valid and proper payments made to or on behalf of the Contractor under the Construction Contract. i 12.2 Construction Contract: The agreement between the Owner and the Contractor identified on the signature page,including all Contract Documents and changes thereto. 12.3 Contractor Default: Failure of the Contractor,which has neither been remedied nor waived,to perform or otherwise to comply with the terms of the Construction Contract. 12.4 Owner Default: Failure of the Owner,which has neither been remedied nor waived,to pay the Contractor as required by the Construction Contract or to perform and complete or comply with the other terms thereof. MODIFICATIONS TO THIS BOND ARE AS FOLLOWS: (Space is provided below for additional signatures of added parties, other than those appearing of the cover page.) CONTRACTOR AS PRINCIPAL SURETY Company: Company: Signature: Signature: Name and Title: Name and Title: Address: Address: 3 Bond Number: 1045249 DUPLICATE ORIGINAL AIA Document A312 PAYMENT BOND Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable. CONTRACTOR (Name and Address): SURETY(Name and Principal Place of Business): E.J.Sciaba Contracting Company, Inc. XL Specialty Insurance Company 18 Wolcott Street 100 Foxborough Blvd—FN1-02 Readville, MA 02137 Foxborough, MA 02035 OBLIGEE (Name and Address): Pinnacle Towers, Inc. 301 North Cattle Road Sarasota, FL 34232 CONSTRUCTION CONTRACT Date: 9/20/2001 Amount: $309,000.00 Description (Name and Location): Barnstable Site#0236-002 (Oak St.,West Barnstable, MA) Remove& Install Towers—Project#0236-002 BOND Date: (Not earlier than Construction Contract Date): 9/20/2001 Amount: $309,000.00 Modifications to this Bond: None CONTRACTOR AS PRINCIPAL: Company: E.J. Sciaba Contracting Company Inc. Signature: Name &Title: `. SURETY: Company: XL Specialty Insurance Company Signatur Qir� Susan M. Kedian, Attorney-in-Fact (FOR INFORMANTION ONLY- Name, Address and Telephone) AGENT OR BROKER: OWNER'S REPRESENTATIVE (Architect, Engineer or other party): Aon Risk Services of Massachusetts 99 High Street Boston, MA 02110 (617)482-3100 4 I. The Contractor and the Surety,jointly and severally, bind themselves,their heirs,executors,administrators,successors and assigns to the Owner to pay for labor, materials and equipment furnished for use in the performance of the Construction Contract,which is incorporated herein by reference. 2. With respect to the Owner,this obligation shall be null and void if the Contractor; 2.1 Promptly makes payment,directly or indirectly,for all sums due Claimants,and 2.2 Defends, indemnifies,and holds harmless the Owner from claims,demands, liens or suits by any person or entity whose claim, demand, lien or suit is for the payment for labor,materials or equipment furnished for use in the performance of the Construction Contract, provided the Owner has promptly notified the Contractor and the Surety(at the address described in Paragraph 12)of any claims, demands,liens or suits and tendered defense of such claims,demands,liens or suits to the Contractor and the Surety,and provided there is no Owner Default. 3. With respect to Claimants,this obligation shall be null and void if the Contractor promptly makes payment,directly or indirectly,for all sums due. 4. The Surety shall have no obligation to Claimants under this Bond until: 4.1 Claimants who are employed by or have a direct contract with the Contractor have given notice to the Surety(at the address described in Paragraph 12)and sent a copy, or notice thereof,to the Owner,stating that a claim is being made under this Bond and,with substantial accuracy,the amount of the claim. 4.2 Claimants who do not have a direct contract with the Contractor: .1 Have furnished written notice to the Contractor and sent a copy,or notice thereof,to the Owner,within 90 days after having last performed labor or last furnished materials or equipment included in the claim stating,with substantial accuracy,the amount of the claim and the name of the party to whom the materials were furnished or supplied or for whom the labor was done or performed;and .2 Have either received a rejection in whole or in part from the Contractor,or not received within 30 days of furnishing the above notice any communication from the Contractor by which the Contractor has indicated the claim will be paid directly or indirectly;and .3 Not having been paid within the above 30 days,have sent a written notice to the Surety(at the address described in Paragraph 12)and sent a copy,or notice thereof,to the Owner,stating that a claim is being made under this Bond and enclosing a copy of the previous written notice furnished to the Contractor. 5. If a notice required by Paragraph 4 is given by the Owner to the Contractor or to the Surety,that is sufficient compliance. 6. When the Claimant has satisfied the conditions of Paragraph 4,the Surety shall promptly and at the Surety's expense take the following actions: 6.1 Send an answer to the Claimant,with a copy to the Owner,within 45 days after receipt of the claim,stating the amounts that are undisputed and the basis for challenging any amounts that are disputed. 6.2 Pay or arrange for payment of any undisputed amounts. 7. The Surety's total obligation shall not exceed the amount of this Bond,and the amount of this Bond shall be credited for any payments made in good faith by the Surety. 8. Amounts owed by the Owner to the Contractor under the Construction Contract shall be used for the performance of the Construction Contract and to satisfy claims,if any,under any Construction Performance Bond. By the Contractor furnishing and the Owner accepting this Bond, they agree that all funds earned by the Contractor in the performance of the Construction Contract are dedicated to satisfy obligations of the Contractor and the Surety under this Bond,subject to the Owner's priority to use the funds for the completion of the work. 9. The Surety shall not be liable to the Owner,Claimants or others for obligations of the Contractor that are unrelated to the Construction Contract. The Owner shall not be liable to payment of any costs or expenses of any Claimant under this Bond,and shall have under this Bond no obligations to make payments to,give notices on behalf of,or otherwise have obligations to Claimants under this Bond. 10. The Surety hereby waives notice of any change,including changes of time,to the Construction Contract or to related subcontracts, purchase orders and other obligations. 11. No suit or action shall be commenced by a Claimant under this Bond other than in a court of competent jurisdiction in the location in which the work or part of the work is located or after.the expiration of one year from the date(1)on which the Claimant gave the notice required by Subparagraph 4.1 or Clause 4.2.3,or(2)on which the last labor or service was performed by anyone or the last materials or equipment were furnished by anyone under the Construction Contract,whichever of(1)or(2)first occurs. If the provisions of this Paragraph are void or prohibited by law,the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. 12. Notice to the Surety,the Owner or the Contractor shall be mailed or delivered to the address shown on the signature page. Actual receipt of notice by Surety,the Owner or the Contractor,however accomplished,shall be sufficient compliance as of the date received at the address shown on the signature page. 5 13. When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be performed,any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein. The intent is that this Bond shall be construed as a statutory bond and not as a common law bond. 14. Upon request by any person or entity appearing to be a potential beneficiary of this Bond,the Contractor shall promptly furnish a copy of this Bond or shall permit a copy to be made. 15. DEFINITIONS 15.1.. Claimant: An individual or entity having a direct contract with the Contractor or with a subcontractor of the Contractor to furnish labor,materials,or equipment for use in the performance of the Contract. The intent of this Bond shall be to include without limitation in the terms"labor,materials or equipment"that part of water,gas power, light,heat,oil gasoline,telephone service or rental equipment used in the Construction Contract,architectural and engineering services required for performance of the work of the Contractor and the Contractor's subcontractors,and all other items for which a mechanic's lien may be asserted in the jurisdiction where the labor,materials or equipment were furnished. 15.2 Construction Contract: The agreement between the Owner and the Contractor identified on the signature page, including all Contract Documents and changes thereto. 15.3 Owner Default: Failure of the Owner,which has neither been remedied.nor waived,to pay the Contractor as required by the Construction Contract or to perform and complete or comply with the other terms thereof. MODIFICATIONS TO THIS BOND ARE AS FOLLOWS: (Space is provided below for additional signatures of added parties, other than those appearing on the cover page.) CONTRACTOR AS PRINCIPAL SURETY Company: Company: Signature: Signature: Name and Title: Name and Title: Address: Address: 6 WX LSPECIALTY AN U CAPITAL COMPANY # UNL,Iik1dTED POWER Ot%ATTO& EY f KNOW AU MEN BY T RSE PRF;SPti'TS:That the X1:,SPf CIALTY 1'11S dRANC E COMPANY,a corporation organized and ttwisting by Vic of the laws of the State of Rhuois("Company"or"Cotporation"),does hereby nominate,cousotute artd appoint,Jean AV. Feeney,,Michael J. Cusack,Benin A. RUM, M, Mark P,Herendeen,Jean Brooker,Susan At Redian and Natalie Coneys as employees of Aon Risk Services,,Jnc,of .V4SS4ehuSetM its true and!au ful Attorneys)-int-fact to make,execute,attest,seal and deliver for and on its behalf;as surety,and as its actand dcx:d,where reyuir;oi,any and all bonds.undertakings,recognirAces and written obligations in the mature thereof,the penal sure of no one of nahitch is in any event to a weed SL1nihnited as required by Surety Obligees, Such bonds and undertakings.when duly executed by the aforesaid Attf mey(s)-iv-fac7 shall be binding upon tJte said Coompany as fully and to the sat rw exwnt as if such bands and undertakings were sjgned by the President and$eeretary of the Company end sealed with its corporate seal. This Power,of Attorney is granted and is signed by facsimile under and by the autt on ty of the foilou ing Resolution adopted by the Board of Directors of the Company on the 5th day of December,1988: "RE S01 Yt ),Thai the President,or any Wee President of the Companyw any person designates!by any one of them is hereby zuthorired to exCeutc owers of � Attorney qua]itj,ing the attorney named in the giver,Power of Attorney to exegte in bahatf of the Company,ponds,undertakings and all cone acts of suretyship, and that any Secretary or any Assistant Secretary cof the Company bc,and that each or any of them hewby is authorucd to attest the utio n of any,such Power of Atturney,and to attach dmreto the Seal of the Company. FtaRTHIRR RFSOLVED.T}rat the Aignamre of sui h oft v—s and the Seal of tbe.Contpany a-ay be affixod to any such Power of Attorney or to any cetczftcatL t relating thereto by'fami toile,and any such Pc)*er of Attu.mey or cettificato beating such facsimile signatures or facsimile seal AA bc:#hereafter valid and binding upon the Compu y with respect to any band,undertaking cir contract of suxtyshfp to which it is attaubed" Bonds executed under this Power of Atuorney rrray he executed under,iacsim le signar=and seal pursuant to the fWoMing Resolution adopted by the Briaard of Directors of the Company,on August 7,1997. - �' "RESOLVED,That the signature of Stanley A.Gaiansfsi as President of this Corporation,and the seaf of this('otpOration Emy bu aP xtd or printed on any and all bonds,undertakngs,TCC(1gnL7RnCtS,or Other written obliS:tttons thereof,on any Ferocation of any Power of Attorney,or on and certificaterelating tlnercto,by fac-sirrtile,and arty Power of Attornev,any revtwation of any Plower of Attorney,bonds;andertakings To'cogniza Ices,cw[ificate or+ether written oblation, bearing such facsimile signature or facsimile seal shall be valid and binding upon the Corporation," t IN VirMTSS" REOF,the XL SPECIALTY LYSURANCyE C()MPA' Y has caused its corporate seal to tYr hereunto affixed,and these presents to be signed by its dell)authorized officers this 3rd day of Janu.ary,2000. XL SPECIALTY ifNSt�."�R�iNCE�C(OMP_,ANY BY: PRESW NT Attest SECRETAR`<' &J'A"U OF 11.1,1NOJS COUTIN rY OF CO(W, ss. - On this 3rd day of January,WOO,bdore one personally, came Stanley A.C alauski to me known,who,being duo swortno did depose and say:[fiat he is Rxestdent of the (Arporation described in ano whiclo execuwd the above instrurnem,that 1xv k wi vs the seal of said Corporation;that die seal alftxed to the aforesaid instrument I;s such curpor.ate seal and was affixed zhcnt tw by order and,outhorit)of tltc Board`of IJ tectors of said Company;and that he executed the said mstrumow by Reorder and authtnity: pFF1CtAL SEAL Q JOETr£R CFSTRa taRv Pue�_ic,snare of�uiNr45 .NOTABC PUBLIC y COMM53:O'L EXP,�4fa.9yn31o3 STATE�OR n,12101S COUNTY OF COOK ss. L Bon M.Llaneta;Secroary of the)4 S FCIALY MVRANCE COMPANY a corporatici n of the Slate of minis,do hereby certify that the above,agd tbrp,going is a full,true and correct copy of Awer of Attorueyissut d by said Company,and that I have compared same with the original and that it is a correct u:,4nscnpl tlteref�,.A n and o£the whole of the erig=d and that thesaid Power cif Atterney is%di,in Fall fiance ano-effect and has not bee n�t�evoked. IIL WI1 N S AEOF,l have hereto set my hand dnd affixed the s 1�of said Company,at the oty. of Schaumburg, this � day of September �aa� SECRETARY p l pFiHETp� Town of Barnstable ,y ti BARN LE, : Planning Division 1`�: `0$ Thomas A.Brodrick,Director,Planning,Zoning and Historic Division AIfD"""rp 200 Main Street, Hyannis,Massachusetts 02601 (508)862-4785 Fax(508)862-4725 June 21, 2002 Neal J. McNamara,Esquire Holland &Knight, LLP One Financial Plaza, Suite 1800 Providence, Rhode Island 02903 Reference: 749 Oak Street - Site Plan Review No. 33-2002 Dear Mr. McNamara: As noted in the Site Plan Review approval letter of June 12, 2002, the above referenced proposal has been referred to the Zoning Board of Appeal for a modification of the existing non-conforming use Special Permit Number 1998-08 as issued in the August 18, 1999 "Memorandum of Understanding". The relief is required because the addition to the building and expansion of the equipment pad represents an expansion and intensification of the non-conforming use above that show on the original November 19, 1996 plan referenced in Condition Number 5. The plan also exceeds that approved site plan.for the rebuilding of the tower entitled"Site Plan" as drawn by KCI Technologies for Pinnacle Towers, Inc., dated November 07, 2000,last revised May 05, 2001. My decision is based upon Section 4-4.5(2) - Expansion of a Pre-Existing Nonconforming Use and Section 7 - Intensification of the Town of Barnstable's Zoning Ordinance. Respectfully: Thomas Perry,Acting Building Commissioner I pile letters—2002—1-McNamara-Oakl'ower-building.doc C Ron S.Jansson,Zoning Board of Appeals Chairman Site Plan Review 0 I MEMORANDUM OF UNDERSTANDING A. WHEREAS,Air Comm of Avon, LLC owns a communications tower, herein Tower, at 749 Oak Street, West Barnstable, MA, herein Property; and B. WHEREAS, the Property, since some time in 1992 has been owned by Air Comm of Avon, LLC, Paul P. Flynn, Sandra M. Flynn, Cape Television, Inc. or one or more of them, all collectively, herein Owner; and C. WHEREAS, the Town of Barnstable, through its Building Commissioner, herein Town, alleges that the Tower has been, after its initial 220 foot height and use, increased in height and use without proper permits from the Town; and D. WHEREAS, Owner applied to the Town of Barnstable Zoning Board of Appeals, herein ZBA, in Case.No. 1996-158, appealing the Town's decision that the Tower was in violation of the Town Zoning Ordinances, which appeal was denied by the.ZBA and appealed by Owner to the Massachusetts Trial Court Land Court Department, Case No. 236141; wherein the Land Court entered summary judgment in the favor of the ZBA, which case is on appeal in the Appeals Court in Appeal No. 98-P-1683; and E. WHEREAS, Owner filed an appeal to the ZBA, Case No. 1997-33, of the Town's (a) decision rescinding a building permit issued and (b) an order for Owner not to use the Tower above 220 feet, which appeal was denied by the ZBA and appealed by Owner to the Massachusetts Trial Court Land'Court Department, Case No. 239029; and 197-000 L/merge6J 1 F. WHEREAS, Owner applied to the ZBA, Case No. 1997-08, seeking to amend the decision in ZBA Case No. 1969-58 or seeking special permits to use or replace the Tower which application is pending before the ZBA; and G. WHEREAS, Owner applied to the ZBA, Case No. 1997-09, seeking variance(s) to replace the Tower, which cases are pending before the ZBA; and H. WHEREAS, the Town made a discretionary referral of the.applications in ZBA Case Nos. 1997-08 and 1997-09 to the Cape Cod Commission, herein Commission,'as a discretionary referral, which referral was accepted by the Commission in Commission, Case No. DR97023 and which discretionary referral was procedurally denied; and I. WHEREAS, the Town filed appeals with the Massachusetts Trial Court Superior Court Department, Barnstable County, Case No. CA98-54 and CA98-368, of Notices of Constructive Approval of Owner's applications in ZBA Case Nos. 1997-08 and 1997-09 which appeals are pending in said Court; and I WHEREAS, after decisions of the ZBA or its alleged failure to make decisions, Owner filed a Complaint with the United States District Court, District of Massachusetts, Civil Action No. 97-1253 1-GAO, which Complaint is pending before the United States District Court; and K. WHEREAS, Owner applied to the ZBA, (a) Case No. 1998-91 appealing the Town's refusing to act on a building permit application(b) Case No.1998-92 denying a building permit and(c) Case No. 1998-93 order to take down the Tower, which applications are [97-0001/merge6J 2 pending before the ZBA; and L. WHEREAS, Owner filed an action in the United States District Court, District of Massachusetts, Civil Action No. 98-11178 GAO, in which the Owner sought a preliminary injunction for the issuance of an emergency building permit, which motion was denied; and ' M. WHEREAS, the Town of Barnstable requires regulation and control of the Tower and its use by the existing tenants of the Tower or their replacement users (hereinafter "Users") both on the existing Tower and once said Users are relocated on the replacement Tower if it and they are to remain and continue to be used; and N. WHEREAS, the Town and.Owner desire to resolve all applications to the ZBA and all appeals to and proceedings in the Massachusetts Trial Court Land Court Department and Superior Court Department and the Massachusetts Appeals Court and United States District Court District of Massachusetts and the parties desire to settle and resolve all outstanding disputes and litigation between them, the parties agree to the following settlement terms; and O. WHEREAS, the Town of Barnstable has a"litigation control ordinance", Chapter II, Article IV, §§9 through 13 of the general ordinances which permits the Town Manager, with the advice of the Town Attorney, to settle litigation on behalf of the Town and the Town Manager, with the advice of the Town Attorney has determined that the settlement of all pending litigation, in accordance with the terms set forth below is in the best [97.0001/merge6] interest of the Town of Barnstable Now,therefore, the parties agree that: 1. The Town and Owner shall file a Stipulation for Judgment in Massachusetts Trial Court Superior Court Department, Barnstable County, Case No. 98-54 and Case No. 98- 368, without costs and without rights of appeal incorporating the special permit and variance findings, terms and conditions set forth below. Special Permit A. The following findings and conditions shall constitute the special permit for the Tower. The term "Tower" shall refer to the communications tower on the Property as the same may be replaced as specified herein. Findings: 1) The Property is located at 749 Oak Street, West Barnstable, MA, as shown on Assessor's Map 215 as Parcels 15-1, 15-2 and 19, (consisting of 231,665 square feet) in an RF Residential F Zoning, where a single family residential dwelling is the principal permitted use. 2) The Property was issued a special permit under Paragraph P (8) of the zoning bylaw in Appeal No. 1969-58 to construct a 220-foot radio transmission tower in West Barnstable as an accessory use to radio station WQRC in Hyannis. Paragraph P (8) allowed the Zoning Board of Appeals to issue a special permit to "(a)ny use not on the same lot with the building to which it is accessory." The site of the proposed tower was [97-0001/merge6l 4 in a residence "E" zoning district where detached single-family dwelling, professional and home occupation and the renting of rooms to not more than six lodgers were the only principal permitted uses. 3) On or about June 25, 1970, Mr. Moore filed an application for a building permit, referencing Appeal 1969-58 and in 1970, pursuant to the original building application and permit, the tower was constructed on the locus to a height.of 220 feet. 4) The Town of Barnstable, through its Building Commissioner ["Town"], alleged that the Tower has been, after its initial 220=foot height and use, increased in height and use without proper permits from the Town. 5) The Owner has applied for a special permit to expand a pre-existing nonconforming use under Section 4-4.4 (2) and/or to change from one nonconforming use to another under Section 4-4.5. A residential property-owner in the Town of Barnstable with property located in the RF zone is currently prohibited from obtaining a special permit for an accessory use on a lot which is not adjoining or across the street from the principal permitted use. The transmission tower is a nonconforming accessory use as a single-user tower and the tower to a height of 220 feet is a pre-existing nonconforming structure. 6) The existing tower is currently at a height of 388 feet and with the television transmission antenna the total height of the tower is 431 feet. The Board of Appeals previously found that the increase of the height of the tower and use of the tower from a 197-0001/merge6l 5 single user to a multi-user tower had occurred without the proper permits from the Board. However, the tower to the height of 370 feet has been in existence for more than ten years and therefore, under G. L. c. 40A, §7, unless the Building Commissioner found the tower to be structurally unsound, the Town could not force the removal of the tower to that height. However, G. L. c. 40A, §7 does not'protect the tower from enforcement for the _ unauthorized expansion or change of use. 7) The existing tower has a number of users which provide valuable services to the community. 8) The Owner has provided the Board,"ith a certified plan of the property prepared by Lawrence E. Wilcox, Registered Land Surveyor dated November 19, 1996, which shows the 231,665 square foot subject locus, the location of the existing tower as well as the location of the proposed replacement tower. This constitutes the Property subject to this permit.(Attached hereto and incorporated by reference herein as Exhibit 1) 9) The Town requires regulation, mitigation and control of the Tower and its use by the existing tenants of the Tower or their replacements (herein Users), if it and they are to remain and continue to be used. 10) The existing tower now has a total of 31 users. The Tower and the Users and their respective antennae and attachments are to be regulated by the terms of this special permit.(Attached hereto and incorporated by reference herein as.Exhibit 2). [97-0001/merge6l 6 11) The proposed replacement and maintenance and use of the Tower as a multi- user transmission site and facility i) will not be substantially more detrimental to the surrounding neighborhood, ii) will be no more detrimental to the neighborhood and iii) will not result in substantial detriment to the public good or the neighborhood affected only if the conditions of this special permit are strictly followed. This finding is based upon the determination that.the replacement tower will be no more detrimental than the existing tower is to the neighborhood because there will be no greater noise or visual impact than the existing tower,the replacement tower will be built to current engineering standards and will create no different impacts or conditions than the present tower. Conditions Based upon the findings, a Special Permit under Sections 4-4.4(2), 4-4.5(1) and 4-4.5(2) of the Zoning Ordinance to allow the Tower as a pre-existing nonconforming use and a preexisting nonconforming structure , to be replaced and maintained and used as a multi- user transmission site and facility by the Owner and their successors in interest, is issued subject to compliance with the following conditions: 1) The height of the existing or replacement Tower shall not exceed 388 feet above ground level. 2) The height of any antenna or other equipment on the Tower shall not exceed 431 feet above ground level. [97-0001/merge6J 3)The current number of Users is 31. No increase in the number of Users above 31, no new antennas or other attachments shall be placed.on the Tower (other than replacement of current Users, antennas and attachments being relocated on the Tower after it has been replaced, ) except subject to the special permit procedure of the Town. 4) The Tower as replaced and the Users their antennas and attachments relocated from the existing tower shall hereafter be deemed pre-existing and non-conforming Users and/or structures. 5) In addition to the plan dated November 19, 1996, within forty-five days from the date of the signing of this Agreement, the Owner shall provide the Board with a plan certified by a professional engineer or certified land surveyor which shows (a) the location of the current Tower prior to replacement; (b) the height of the Tower prior to replacement; (c)the width of the Tower prior to replacement; (d)the location and dimensions of any buildings located on the Property; and (e) the proposed location, height and width of the Tower as replaced. 6) Within thirty days of the execution of this Memorandum of Understanding, the Owner shall provide the Town with a photograph of the current Tower showing the location of all antennas and other attachments, accompanied by a statement under oath by the Owner that no new antennas or attachments have.been added since June 30, 1999. Within thirty days from the date that the.replacement tower becomes operational, the Owner shall provide the Town with drawings and photographs of the replacement Tower, [97-0001/merge6] 8 including a profile of the Tower showing the location of all antennas and other i attachments. In addition,the Owner shall provide the name, address, elevation and type of antennas or attachments for each User, accompanied by a statement under oath by the Owner that there has been no change in the number of Users, antennas and attachments when same were transferred to the replacement Tower. By January 15"' of each year , the Owner shall-provide the Town with a statement under oath identifying the name, address, elevation and type of antennas or attachments for each User. 7) The replacement Tower shall not exceed in any discernible respect the width and other dimensions of the existing Tower. 8) The Owner shall diligently take all actions required of the Owner by federal law to have the Tower avoid interference with the receipt by area residents of radio and television broadcasts and telephone transmission. 9) The special permit herein granted shall be limited for a period of thirty (30) I years but shall be renewed for another thirty (30) year term after a public hearing held by the Town, after due notice in accordance with all applicable law, provided that the Tower is then in conformity with State and Federal safety and regulatory laws that apply to communication towers and provided further the owner of the Tower certifies to the Town under oath that the Tower is of economic benefit to the Owner and that there are Users on the Tower. The Owner shall also submit to the Board (i) a plan certified by an engineer that the Tower does not exceed 388 feet above ground level and that no antenna on the [97-0001/merge6] 9 Tower exceeds 431 above ground level and (ii) a statement certified by an engineer that the Tower is in compliance with all applicable engineering standards for similar telecommunication towers or a statement listing all items about the Tower that are not in •h compliance with then applicable engineering standards for similar telecommunicati6 towers. If the Tower is not in compliance with all then applicable engineering standards, the special permit shall not be renewed until it is brought into compliance with all then applicable engineering standards. 10) The existing Tower shall cease operating and be immediately dismantled as soon as the replacement tower with all Users thereon become operational. In no case, shall the existing tower remain on the Property more than thirty days after the replacement tower is constructed. 11) This special-permit shall be deemed a special permit for all current Users and all replacement Users subject to the conditions as specified herein. 12) The Owner shall give to the Town, through its Building Commissioner and Zoning Board of Appeals, the name, address and description of the equipment of each existing and replacement User. 13) The Owner of the Tower shall submit evidence to the Board of Appeals and Building Commissioner annually that the Tower is in compliance with the all federal and state statutes, regulations and guidelines for radio frequency radiation. [97-0001/merge6J 10 . i 14) To the extent permitted by applicable federal laws, rules and regulations, the Tower lighting shall be white during daylight hours and red during nighttime hours, and the Tower shall not be painted orange and white. 15) The Tower shall be dismantled and disposed of at the sole expense of the Tower's owner if it is not in use for six (6) consecutive months, except for non-use as a result of damage, provided such damage is being repaired. Further the Tower's owner shall provide the Board with a copy of any notice to the Federal Communications Commission of the Tower owner's intent to cease operations. The Tower, after the filing of such a notice, shall be removed within 90 days from the date of ceasing operations. The Owner, or any successor owner of the Tower, shall annually post a bond with the Board in an amount determined sufficient by the Building Commissioner io dismantle and dispose of the Tower in the event of ceasing operation after a notice to the Federal Communication Commission or in the event the Tower is not in use for six (6) . consecutive months, except for non-use as a result of damage provided such damage is being repaired._ 16) Landscaping shall be installed and maintained by the Owner to screen and minimize the view of the buildings, equipment and related facilities at the base of the Tower based'upon landscape plans prepared by a licensed landscape architect, which plans shall be approved in advance by the Tower's Building Commissioner as Chairperson of Site Plan Review. [97-0001 imerge6] 11 17) The Town of Barnstable, including but not limited to its Police Department, may maintain antennas on the Tower,without any rental fee provided the Town executes the Owner's standard lease for location on the Tower and provided that it can be accomplished without interference with any existing'Users and only for as long p any Tower exists on the location. The Lease shall provide that the Town is prohibited from leasing or subleasing to third parties. The cost of erecting, installing, and maintaining any such antennas and related equipment shall be at the sole cost, risk and expense of the Town. 18) The Tower shall be maintained in accordance with all applicable federal and state law and municipal zoning enactments. 19) All antennae existing and proposed for the Tower must meet or exceed current safety standards and regulations of the Federal Communications Commission and any other.agency of the State or Federal government with authority to regulate antennas. if such standards or regulations change, thou the owners of the antenna shall be required to bring their antennas into compliance with such revised standards and regulations within six (6)months of the effective date of such standards and regulations unless a more stringent compliance schedule is mandated by the controlling governmental body. Failure to bring antenna into compliance shall be grounds for removal of the antenna at the expense of the User. 197-ODU 1/merge6l 2 i f i 20) At least every thirty six (36) months the Tower shall be inspected by a registered professional engineer specializing in tower reconstruction, at the Owner's sole expense. At a minimum, the inspection shall be conducted in accordance with the State Building Code. A copy of such inspection shall be provided to the Building Commissioner. If, upon inspection, the Tower fails to comply with such Code or otherwise structurally constitutes a danger to persons or property, then upon notices being provided to the Owner of the Tower, the Owner shall bring the Tower into compliance with such standards or otherwise cause the Tower not to structurally constitute a danger to person or property. Failure to comply may result in an order to remove the Tower at the Owner's expense. 21) The Owner shall submit to the Board upon the Tower being replaced and the antennas being relocated thereon, a plan certified by an engineer, showing the height of the Tower and the height of any antenna on the Tower that exceeds the height of the Tower. If the plan shows that the height of the replacement Tower exceeds 388 feet above ground level, then the height of the Tower shall be forthwith reduced to no more than 388 feet above ground level. If the plan shows the height of any antenna on the Tower exceeding 431 feet above ground level then the height of any such antenna shall be forthwith reduced to no more than 431 feet above ground level. Upon the reduction of the height of the'Tower to no more than 388 feet above ground and the reduction of the height any such antenna to no more than 431 feet above ground level, the Owner shall [97-0001/merge6] 13 3 forthwith submit a plan to the Board, certified by an engineer, showing that the height of the Tower and the height of all antennas so comply. Failure to bring the Tower and its antennas in compliance with the height limitation contained herein shall be grounds for revocation of the special permit and variance. 22) The Owner of the Tower,upon the Tower being replaced and all Users relocated thereon, shall notify all "parties in interest" to the Tower, as that term is defined in Massachusetts General Laws Chapter 40A Section 11, by certified mail, return receipt requested, postage prepaid, about the provisions of Federal law that provide for the protection of individuals from interference with radio and television broadcasts and telephone transmissions by communication towers and antennas thereon, the requirements imposed on the Owner and Users regarding any such interference and the procedures provided to persons who believe their radio or television broadcasts or telephone transmissions are being interfered with by the Tower or any User thereon. 23) The Special Permit and the obligations of the Town and the Owner hereunder are conditioned upon the receipt of from the Cape Cod Commission of ei er� documentation that the Town and Owner are not prevented by the Cape Cod Commission Act or the decision in Commission Case No. DR97023 from issuing and carrying out the terms and conditions of this Special Permit and Variance or action from the Cape Cod Commission which achieves the result of permitting the Owner to exercise this special permit, without requiring a new Development of Regional Impact review. [97-0001/merge6] 14 i I 24) Prior to the Owner exercising any rights under this special permit, the owner and the Town of Barnstable (and any of its boards, officials or commission) shall dismiss with prejudice all litigation that each has filed against the other regarding the locus and shall withdraw with prejudice all pending applications before the Zoning Board of Appeals. 25) It is intended that this decision and the conditions contained herein, are in addition to and independent of any requirements to exercise the rights granted here under by other regulatory agencies, including without limitation, the FCC, and that the restrictions contained herein shall have independent legal significance and effect. 26) The term "Owner" as used herein applies to the current owners, to Paul Flynn, Sandra Flynn, Air Comm of Avon, LLC and their respective successors and assigns including without limitation, Pinnacle Towers, Inc. or any successors in title to the Tower. B. Variance from Certain Minimum Yard Setbacks The following findings and conditions shall constitute the variance from Section 3-1.4 (5) of the Town of Barnstable Zoning Ordinance with regard to certain herein specified yard setbacks to allow the installation of certain guy wires for the replacement Tower. The term"Tower" shall refer to the communications tower on the Property as the same may be replaced as specified herein. [97-0001/merge6] 15 1 Findings 1.) Al] the findings contained in paragraphs one through eleven of the special permit listed above, to the extent applicable to the Petition for a Variance from minimum sideyard setbacks. 2.) In Appeal No. 1997-09, the Owner applied for a variance from the minimum yard setbacks to allow the installation of certain guy wires for the replacement tower as shown on the plan entitled " Site Plan for in Barnstable, Massachusetts prepared for Paul P. Flynn and Sandra M. Flynn"by Lawrence E. Wilcox, Registered Land Surveyor , dated November 19, 1996. (Exhibit 1, attached hereto and incorporated by reference herein.) 3.) The unusual topography of the property which especially affects the property but not generally the remainder of the residential zoning district (the property being located in one of the highest portions of the zoning district) and owing to certain circumstances of the structure which has sustained some damage and which circumstances especially affect the structure, a literal enforcement of the provisions of this ordinance would involve substantial hardship to the petitioner in that he would not be able to economically replace the Tower, as proposed. Further the variance may be granted without substantial detriment to the public good and without nullifying or substantially derogating from the intent and purpose of the zoning ordinance in that the tower provides a benefit to the Town through the transmission of certain public safety [97-0001/merge6] 16 i i information and its continued existence comports with the intent and purpose of the zoning ordinance, affected only if the conditions of this variance are strictly followed. Conditions Based upon.the findings, a Variance from the Minimum Yard Setbacks, Section 3-1.4(5) of the Zoning Ordinance to allow the installation of guy wires on the Tower which is to be replaced subject to compliance with the following conditions: 1. Conditions one through twenty-six contained in the special permit referenced above are incorporated herein as the conditions of this variance as well. 2. The minimum yard setbacks for the installation of guy wires for the replacement tower shall be varied only as shown on a plan entitled " Site Plan for in Barnstable, Massachusetts prepared for Paul P. Flynn and Sandra M. Flynn" by Lawrence E. Wilcox, Registered Land Surveyor , dated November 19, 1996. (Exhibit 1, attached hereto and incorporated by reference herein.) 3. The requirements contained in Condition "23"of the special permit set forth above shall extend to this variance as well. II. Within ten(10) days of the execution of this Memorandum of Understanding the Owner shall place the sum of Four Hundred Fifty Thousand ($450,000) Dollars in escrow with Myer R. Singer of Dennis, MA (Escrow Agent). The escrow funds shall be held in an interest bearing savings account at The Cape Cod Five Cents Savings Bank. Said account shall be entitled "Myer R. Singer, Escrow Funds, AirComm/Barnstable MOU". 197-0001/merge6l 17 Said sum of$450,000 shall be paid by the Escrow Agent in accordance with the provisions of Paragraphs III, IV, V and VI hereof for the purpose of mitigating the impacts caused by the Tower. Said $450,000 shall be used for acquisition of and/or improvements to open space or recreation land and facilities. The Escrow Agent shall acknowledge in writing that he is holding the funds in escrow pursuant to the terms of this Memorandum of Understanding. Until the Town receives the acknowledgment from the Escrow Agent that he is holding the funds in escrow, the Town shall hold the executed Memorandum of Understanding in escrow. Because the parties agree that the provision of the required mitigation is an essential component to this Memorandum, the parties agree that the Owner's failure to place the sum,of Four Hundred Fifty Thousand ($450,000)Dollars in escrow within ten (10) days of the execution of this Memorandum of Understanding shall render this Memorandum and Agreement null and void and none of its provisions can be used for any purpose in any proceeding of any type. III.Upon the issuance of the Judgment in Case No. CA98-54 and the special permit and variance pursuant thereto for the Tower and Users, and all appeal periods therefrom having expired without any appeals having been made and satisfaction of the condition contained in paragraph 23 : (a)the Town and Owner shall execute and file Stipulations for Judgment of Dismissal of ail other pending Court Appeals, Complaints and Petitions, including,without limitation,those listed in this Memorandum of Understanding,(b)the Escrow Agent shall deliver the $450,000.00 escrow funds to the Town and shall pay all interest earned on the escrow funds to the [97-0001/merse6] 18 Owner; (c) the Owner and the Town shall execute grid exchange mutual releases each releasing the other of all claims, losses, costs and expenses, including but not limited to attorney,'s fees and expenses for all activities in relation to or in connection with the Tower to the date of the releases(which sample releases are attached hereto and incorporated by reference herein as Exhibit 3) and (d) the Tower and Users shall be deemed in compliance with all applicable zoning ordinances, zoning rules and zoning regulations of the Town regarding the existence and maintenance of the Tower and Users, i except to the extent the Tower must be replaced, the Tower shall be deemed in such compliance with all such applicable zoning ordinances, zoning rules'and zoning regulations upon the Tower being so replaced, provided that the Tower complies with all of the terms and conditions of the herein Memorandum of Understanding, and, (e) Failure to comply with the provisions of this paragraph and the conditions of this Memorandum of Understanding shall be deemed a material breach of the special permit and variance and shall be grounds for the revocation of the special permit and variance. IV. In the event an appeal from the issuance of the Judgment in Case No. 98-54 and the special permit pursuant thereto referenced in paragraph (1) above is filed, the sum of . $450,000 shall continue to be held in escrow until the resolution of the appeal and (2) all other actions contemplated by this Memorandum of Understanding shall be delayed until resolution of the appeal of the above referenced special permit. [97-0001/merge6] 19 V. Within thirty (30) days following the issuance of a Final Judgment in Case No. CA 98-54 which allows the Owner to exercise its rights under the special permit and variance or any other resolution or.action which confers the right upon the Owner to reconstruct and operate the Tower in a manner consistent with the terms contained in this Memorandum of Understanding, the Escrow Agent shall deliver the $450,000 escrow funds to the Town and shall pay all interest earned on the escrow funds to the Town and all other actions and documents contemplated by this agreement, including but not limited to those delineated in Section III above, shall be executed and filed as herein provided for. Failure to comply with the provisions, as herein provided, shall be deemed a material breach of the terms of the special permit and variance and shall be grounds for the revocation of the special permit and variance. VI. In the event that final Judgment on any appeal which does not permit the Owner to either exercise its rights under the special permit or to reconstruct and operate the Tower in a manner consistent with the terms of this Memorandum of Understanding: a) the Escrow Agent shall deliver the $450,000 escrow funds to the Owner and shall pay all interest earned on the escrow funds to the Owner and (b) the Owner and the Town shall each be relieved of all obligations under the terms.and conditions of this Memorandum of Understanding and each shall be free to take such actions to which they are entitled. VII. Wherever used herein"Owner" and "Town" shall mean and include and be binding upon and inure to the benefit of those parties identified in paragraphs B and C [97-0001/merge6] 20 and their respective successors and assigns including without limitation, Pinnacle Towers, Inc. or any successors' in title to the Tower. VIII. The term "Memorandum of Understanding" as used in this agreement shall be. read as"Stipulation of Judgment" where the context so indicates and all other capitalized words shall refer to and be defined as identified herein. 197-0001/merge6] 21 e{ Signed this day of , 1999. TOWN OF BARNSTABLE AIR COMM OF AVON, LLC By: P CLE TO , INC., Its ager By: is By: Oes Tinsley,Town Manager, ursuant J e a 1'Ap , Vice esid nt e provisions of Chapter 2, Article 4, General Ordinances of the Town of Barnstable Paul P. Flynn I Sandra M. Flynn F:•DOCSIWORK\a9629agtf)p I EXHIBIT " z Airtouch Pa in Arch Communications Arch Communications Arch Communications BFI Waste Systems Boston University Communications Boston University Communications Comm Site International Federal Ex ress Industrial Comm•& Electronics MAP Mobile Communications Metro--" Mobilecomm Mobilecomm Mobilecomm Next-' Nextel Pa eMart Pa eNet Pa eNet Preferred Networks Radio Call Com an Radio Hyannis.WPXC-FM Radscan of Tam a SANDAB Communicaitons Sk tel Sk tel Sk tel F Southwestern Bell Mobile S stems Southwestern Bell Mobile S stems Town of Barnstable Police De t. EXHIINT,3,,, i RELEASE AND WAVIER OF CLAIMS In consideration of the monies and other benefits described in the Memorandum of Understanding dated , the sufficiency of which is hereby acknowledged by the Parties: (1) AirComm of Avon, LLC, Paul P. Flynn, Sandra M. Flynn, Cape Television, Inc. and Pinnacle Towers, Inc. (collectively, the."Owners"), hereby irrevocably and unconditionally release, acquit and forever discharge Eugene Burman, Ron S. Jansson, Emmett F. Glynn, Richard L. Boy, Gail Nightingale, The Town of Barnstable and The Town of Barnstable Zoning Board of Appeals (and any current or former members thereof), their affiliates, predecessors, successors, related.entities, agents, representatives, officials, and assigns (collectively, the "Barnstable Parties"), from any and all charges, complaints, claims, liabilities, obligations, promises, losses, damages and expenses (including attorney's fees and costs actually incurred) of any nature whatsoever known or unknown, suspected or unsuspected, which the Owners now have, own, hold, or claim to have owned or-held against any or all of the Barnstable Parties from the beginning of the world through the date of execution of this Release and Waiver of Claims, including without limitation, any claim set forth in or relating to any of the following litigations: (a) Flynn, et al. v. Burman, et al., U.S. Dist. Ct., Civ. A. No. 97-12531-GAO (D. Mass.); (b) - AirComm of Avon, LLC, et al, v. The Town of Barnstable, U.S. Dist. Ct., Civ. A. No. 98-11178-GAO (D. Mass.); (c) Flynn, et al. v. Nightingale, et al., Zoning Board of Appeals, etc., Land Ct., Dkt. No. 236141; (d) Flynn, et al. v. Nightingale, et al., Zoning Board of Appeals, etc., Appeals Ct., No. 98-P-1683; (e) Flynn, et al., Cape Television, Inc. v. Nightingale, et al., Zoning Board of Appeals, etc., Land Ct., Dkt. No. 239029; (f) Glynn, et al, etc., Zoning Bd of Appeals, Cape Cod Commission v. Flynn, et al., Barnstable Superior Court, Civ. A. 98-54.; (g) Glynn, et al, etc., Zoning Bd of Appeals, Cape Cod Commission v. Flynn, et al., Barnstable Superior Court, Civ. A. 98-368. (2) The Barnstable Parties hereby irrevocably and unconditionally release, acquit and forever discharge the Owners from any and all charges, complaints, claims, - 1 1974 Velease1I liabilities, obligations, promises, losses, damages and expenses (including attomey's fees and costs actually incurred) of any nature whatsoever known or unknown, suspected or unsuspected, which the Barnstable Parties now have, own, hold, or claim to have owned or held against any or all of the Owners from the beginning of the world through the date of execution of this Release and Waiver of Claims, including without limitation, any claim set forth in or relating to any of the following litigations: (a) Flynn, et al. v. Burman, et al., Civ. A. No.97-12531-GAO (D.Mass.); (b) Aircomm of Avon, LLC, et al. v. The Town of Barnstable, Civ. A. No. 98-11178-GAO (D. Mass.), (c) Flynn, et al. v. Nightingale, et al., Zoning Board of Appeals, etc., Land Ct., Dkt. No. 236141; (d) Flynn, et al. v. Nightingale, et al., Zoning Board of Appeals, etc., Appeals Ct., No. 98-P-1683; (e) Flynn, et al., Cape Television, Inc. v. Nightingale, et al., Zoning Board of Appeals, etc., Land Ct., Dkt. No. 239029; (f) Glynn, et al, etc., Zoning Bd of Appeals, Cape Cod Commission v. Flynn, et al., Barnstable Superior Court, Civ. A. 98-54; (g) Glynn, et al, etc., Zoning Bd of Appeals, Cape Cod Commission v. Flynn, et al., Barnstable Superior Court, Civ. A. 98-368. The parties have participated through their attorneys in negotiations leading to this Release and Waiver of Claims, and have had the benefit of consultation and advice of said attorneys regarding the Release and Waiver of Claims and regarding the terms and effect of the Memorandum of Understanding and this document. In witness whereof, executed. and sealed this day of '1999. 197-Mo ltrelease l) 2 r EUGENE BURMAN, RON S. JANSSON, EMMETT F. GLYNN,-RICHARD L. BOY, GAIL NIGHTINGALE, THE TOWN OF BARNSTABLE and THE TOWN OF BARNSTABLE ZONING BOARD OF APPEALS, By: James Tinsley, Town Manager, Pursuant to the provisions of Chapter 2, Article'4, General Ordinances of the town of Barnstable PINNACLE TOWER, INC., for itself and as Manager of AIRCOMM OF AVON, LLC I By: Jamie Dell'Apa, Vice President Paul P. Flynn, for Himself, and Cape Television, Inc. Sandra M. Flynn Signed and Sealed in the presence of: i 197- M iVeleasell 3 (PHHOxNE CALL f A.M. FO.R DATE TLME P.M. M PHONED OF /¢ / D RETURNED PHONE `c7 ! YOUR GALL AREA CODE NUMBER EXTENSION PLEASE CALL MESSAGE WILL CALL AGAIN GAME TO SEE YOU` \NANTS TO SEE YOU SIGNED Wiversal" 48003 z 0 m cn r U � r L. I I 1 i IVE�C:AL}L FOR � DATE TIME Lf" P.M. OF Q� g 9�� �>RETURNEDF PHONE � YtOUR CALL AREA CODE - NUMBER EXTENSION ''�` `� ' �LEASE�CgLL; MESSAGE '� - } � --IIL�CA�� 0CA�T}O k SEE YOzUt 17111,�SEE�YOU SIGNED Ut ivedial 4bbob o. m cn - i i i I ! I ' f BRETT BUGGELN Director of Real Estate&Collocation i I P I N N A C L E Towers Inc . Corporate Office 301 North Cattlemen Road,Suite 300 Sarasota,Florida 34232 tel 941'308.5250 mobile 941.650.2040 i fax 941.308.4140 www pinnacletowers.rani email BBuggeln@pintowers.com I i' i •ash _.......... :...........................................................................::....... James B. Malless,AICP Wireless Planning Services, LLC 845 Mississippi Ave.,*Lakeland, FL 33801 Ph.863-602-8485 Fax 863-699-5176 August 9,2002 Mr.Thomas Perry, Building Commissioner Town of Barnstable,MA Town Administration Buildings 200 Main Street Hyannis, MA 02601 U10 p o(�— ST Vj5 'RE: Pinnacle Tower on Oak Street Dear Mr..Perry: Attached is the affidavit required by the Memorandum of Understanding Item#6. Please share a copy with Arthur Traczyk and Ruth Weil. Thank you for your assistance in this matter. If you have any questions, please call me at 863-602- 8485. Sinceely:r �Jam & a ,AICP For Pinnacle Towers Inc. P I N N A C L E Towers Inc This affidavit satisfies Condition#6 of the Memorandum of Understanding. I, insert NaniZi�b AS l a tor lo s a representative.of Pinnacle Towers Inc. do swear under.oath that no.antennas have been added to.the ecated at 749 Oak Street,West Barnstable,MA since.June.30, 1999. and that the photos show the tower as of June.30, 1999, u Name,Title n ate STATE OF FLORIDA ). .ss.:. COUNTY OF SARASOTA ) Zook The foregoing instrument was acknowledged before me. this ( day of 2*02, by w s personally known to me or who produced identification n �- SA a-- ray ComSusan Cmon 00065156 NOTARY P LIC. 4dg moires N �ovem 20,2005 Print Name:. �s C . � J My Commission Expires:. (seal). 301 North Cattlemen Road I Sarasota I Florida 34232 888 748 3482 1 941 364 8886 1 fax 941 364 8761 1 pinnacletowers.com �� BARNSTABLE MA TOWER MAP/LOADING THE NOTES SECTION INCLUDES CONTACT INFORMATION AND OWNER CHANGE INFORMATION SITE 9 0236-002 7 TENANT RF FUNCTION TAG 9 LINE SIZE ANTENNA TYPE LEG HGT NOTES AIRTOUCH TX 18 7/8 12'DIPOLE AB FACE 200 AMouch Paging RX 47 12 YAGI 6'ELEMENTS C LEG e8 P.O.Box 280868 East Hanford CT 06105 ARCH TX 25 718 DB809-12 0MNI A LEG 178 Arch Communications SAT RX 88 1/4' SAT DISH ON ROOF N/A WA 1800 west Park Drive,Westborough.MA.01581 ARCH TX 10 1 1/4 D8809 12 OMNI A LEG 224 Arch Communications SAT RX 68 1/4' SAT DISH ON ROOF WA WA 1B00 west Park Drive.Westborough,MA-01581 ARCH RX 91 12 YAGI C LEG 310 Arch Communications TX TX COMB 12' 1800.1 Park Drive,Westborough,MA.01681 ARCH RX 40 12 DB 212 A LEG 124 Arch Communications TX 23 12 8'DIPOLE C LEG 188 18W west Park Drive,Westborough.MA-01581 ARCH TX 22 15/e D8809 1YONMI CLEGT 195 Arch Communicatiore SA TRX 68 1/4' SAT DISH ON ROOF WA WA 1800 west Park Drive,Westborough.MA-01581 ARCH TX 16 1 1/4 AATEL SM87010(14'OMNI) A LEG 215 Arch Communications SAT RX 68 1/4' SAT DIH ON ROOF WA WA 1800 west Park Drive,W.Mborou h,MA-01581 ARCH TX/RX 85 12 WO N1 AC STAR MOUNT 250 Arch Communications RX 86 12 10'OMNI AC STAR MOUNT 250 11100 well Park Drive,Westborough,MA-01561 BFI 7l 1 TX/RX 49 12 PARABOLIC DISH 4' C LEG 84 BFI Atln Glenn Pr-a 81 CommOrnrealth Ave..South Yarmouth,MA O15111 BFI 112 TX TO PTI TX COMBINER BFI Atln Glenn Prods RX TO PTI RX ANC 61 Commornreellh Ave.,South Yarmouth,MA 01581 TX RX 71 1 1/4 PANEL ANTENNA 4' A LEG 240 TX RX 72 1 1/4 PANEL ANTENNA 4' A LEG 240 Southwestern Bell Mobile Systems,DBA Cellular One TX RX 73 1 aar 1/4 PANEL ANTENNA 4' A LEG 240 Alm Pail S TX RX 74 1 1. PANEL ANTENNA 4' A LEG 240 100 Lowder Brook Or. TX RX 75 1 1/4 PANEL ANTENNA 4' B LEG 240 Westwood.MA 02090 TX RX 76 1 1/4 PANEL ANTENNA 4' B LEG 240 SOUTHWESTERN BELL DBA TX RX 77 1 1/4 PANEL ANTENNA 4' B LEG 240 CELLULAR ONE TX RX 78 1 114 PANEL ANTENNA 4' B LEG 240 TX RX 79 1 1/4 PANEL ANTENNA 4' C LEG 240 TX RX 80 1 1/4 PANEL ANTENNA 4' C LEG 240 TX RX 81 1 1/4 PANEL ANTENNA 4' C LEG 240 TX RX 82 1 1/4 PANEL ANTENNA 4' C LEG 240 TX RX 83 1114 DIRECT ARRAY CrLE 240 TX RX 84 1 1/4 4'OMNI C LEG 245 MICROWAVE HOP 37 EW9D 4'DISH C LEG 140 MICROWAVE HOP 38 EW90 4'DISH A LEG 131 MICROWAVE HOP 39 EW90 6'DIAH C LEG 131 MICROWAVE HOP 34 EW52 8'DIAH C LEG 148 CH67 TX 69 2 1/4 BOGNER AC FACE 290 Paxson Communications 801 Do —lor Park Road.West Palm Beach.FL 33401 FED EX TX PTI TX COMBINER Federal Express,Altn Gloria Herd" RX PTI RX M/C 2847 Business Park.Memphis,TN 38118 HYANNIS RADIO TX 8 12 3 EA PANEL ANT(2NxlbX 2W) AB;BC;AND CA FACE 350 Radio Hyannis,Altn Maureen Makkay STL 30 PARABOLIC DISH 4' B LEG 168 154 Barnstable Road,Hyannis.MA 02601 INDUSTRIAL COMM 91 TX PTI TX COMBINER I Industrial Communications,Alin Mike Umarlo RX 92 1/2' 10 OMNI B LEG 310 40 Lone St..Marsh6el,MA 02050 INDUSTRIAL COMM 112 TX PTI TX COMBINER 1 Industrial Communicallone,All"Mike Umano RX 92 12' SAME AS ABOVE ANT SHARED 40 Lone St..Mwahfiel,MA 02050 MAP MOBILE TX 7 1 1/4 6'OMNI A LEG 384 Map Mobie,Alln Patty Hoskins SAT RX 53 1A SAT DISH B LEG 41 840 Greenbdor Circle.Chesapeake.VA 23320 METROCALL TX 5 1 1/4 DBW9 12'OMNI C LEG 364 Metrocell,Alin John Ola SAT RX 57 1/4 SAT DISH B LEG 25 8677 Richmond Hwy..Alexandria VA 22306 PACTEL TX 13 1 5/8' CELWAVE OMNI 1110-B(12'OMNI) B LEG 198 Verimn Wireless,Alin Site Lease Dept. SAT RX DUAL FEED 59,60 1/4 DUAL LNB SAT DISH BLEG 21 1221 Merit Dr.,Suite 800.Delta,TX 75251 TX 009 1 114 OMNI 12' A LEG 324 Arch Communications PAGENET RX 52 718 YAGI 4' C LEG 61 1800 west Park Drive,Westborough,MA-01581 SAT RX DUAL FEED 54.55 1/4 DUAL LNB SAT DISH B LEG 33 PREFERRED NETWORKS TX 11 7/8 "''OMNI BLEG 224 Pretend NeMarks SAT RX 68 1/4 SAT DISHON ROOF 850 Center Way.Norcross,GA 30071 PTI TX COMBINER 88 7/8 14'OMNI AC STAR MOUNT 250 PTI,Altn Mike PoNin PTI RX MUX 6 7/8 CELWAVE 10017-7(W OMNI) C LEG 364 301 N.Altn RD.Sarasota,FL 34232 PTI TX COMBINER 4 1 114 CELWAVE 10017-7 14'OMNI 8 LEG 365 PTI BOUGHT MOBILE COM RADSCAN TX RX 87 1 V4 5'OMNI BC STAR MOUNT 250 lRadscart.Alin Tom Karadenas 171 Eileen way,Sycesel,NY 11791 STANDBY ANTENNA 20S 3' 2 BAY FM ANT 14'LONG 8 LEG 198212 SANDAB STL 21 7/8 PARABOLIC DISH 4' B LEG 196 Senate Communications,Alin Gloria Corson o MAIN ANTENNA 26M 3' 8 BAY FM ANT(5T LONG) B LEG 307 TO 250 2201 Old Court Road.Baltimore,MD 21208 STL 41 718 WOMNI CLEG 106 SHERIFF 7X/RX 27 7/8 TDF8120A B LEG 167 Town of Barnstable Police,Gaig Tamash P.O.Box B,Hy.,, H nnis.MA 02601 GPS 63 12 GPS ON ROOF Skylel,All.Teresa Morgan SKYTEL TX 3 1 114 190 MNI 368' AC FACE P.O.Box 2469 Jackson.MS 39225 SAT RX 62 1/4 DISH ON ROOF TX 90 1 1/4 OBS89(14'ONMI) B LEG 320 Skytel,Alin Teresa Morgan SKYTEL RX 48 7/8 YAGI AC FACE Be P.O.Be,2469 Jackson,MS 39225 GPS 64 114 GPS ON ROOF SKYTEL 7X 89 1 5/8 D8809 12'OMNI ALEG 243 Skytel,Altn Teresa Morgan SKYTEL RX 43 7/8 DB495 CORNER REFLECTOR C LEG 92 P.O.Box 2469 Jackson,MS 39225 GPS 65 1/4 GPS ON ROOF Weblink Wireless,Alin Steve Mitchell WEBLINK WIRELESS TX COMBINED WITH OTHER WEBLINK EQUIPMENT 3333 Lee Pkwy,121h Floor.Dallas,TX 75218 RX COMBINED WITH OTHER WEBLINK EQUIPMENT WEBLINK BOUGHT PAGE MART TX RX 32 7/8 10'OMNI A LEG 142 WEBLINK W IREL.ESS RX 33 718 10'OMNI B LEG 151 Weblink Wireless,Altn Steve Mitchell TX 17 1 1/4 10'OMNI CLEG 216 3333 Lee Pkwy,121h Floor,Dallas,TX 75219 SAT RX 61 - 12 SAT DISH C LEG 22 WEBLINK BOUGHT PAGE MART I WZBU TX 1 e' 30,MAST 380' TOP Paxson Com euncations STL 2 12 YAGI ARRAY 376 C LEG 601 Clearwater Park Road,West Palm Beach,FL 33401 PTI WA 44 12 YAGI C LEG 90 PTI WA 45 718 6'YAGI 8 LEG 88 PTI WA 12 718 15'OMNI C LEG 222 PTI WA 93 1 1/4 20'OMNI A LEG 300 PTI WA 56 1/4 SAT DISH B LEG 27 PTI,Alin Mike PoNin PTI WA 58- 1/4 SAT DISH(DUAL WITH TAG 57 USED) C LEG 25 301 N.Cattleman RD.Sarasota,FL 34232 PTI WA 20 7/8 PHELPS DODGE 220 OMNI C LEG 182 These are antennas That PTI bought when PTI bought the PTI NIA 94 7/8 12'OMNI CLEG 290 lower.Previous owners vvere Nextel,Radio Call Company PTI WA 48 12 YAGI BC FACE 72 and Comm Site International. PTI WA 14 7/8 DEAD LINE AT 220'AND ROOMIA NO ANT 220 PTI WA 98 7/8 6'OMNI ALEG 265 PTI WA 97 2 V4 DEAD IN ROOM 1C-NO ANT A LEG 300 PTI WA 35 12 DB809 12'OMNI - A LEG 170 PTI WA 51 RG8 TOMNI BC FACE 61 PTI WA 38 12 fY OMNI BLEG 142 PTI WA 2B 718 Daul yagi C LEG 169 PTI WA 1B 12 8'YAGI ALEG 201 PTI WA 50 RG8 STARTS AT 56 8 ENDS AT 20' C LEG 20 TO 55' Assessor's offioe (1st floor): /� /� C�THE TO Assessor's map and lot number ......�5....1.. ...".................. .. �� Board of Health (3rd floor): Sewage Permit number ...IYU......�.....F� .�.S......tf - Z BARBSTADLB, Engineering Department (3rd floor): House number .............................................. 0 mo a• APPLICATIONS PROCESSED 8:30-9:30 A.M. and 1:00-2:00 P.M. only TOWN OF BARNSTABLE BUILDING INSPECTOR 4DZ) 7-0APPLICATION FOR PERMIT TO ............................................................................................................................. TYPE OF CONSTRUCTION .....�d I..Gj.�� Al"���- /��� i 5 TO THE INSPECTOR OF BUILDINGS: The undersigned hh-ereby pplie s for a permit according to the following information: Location i .......... .....S `......A ... /lJs7/ �� Propose Used57igT/D ................................................................................................... .......................................................... Zoning District .... `/................................................................Fire District Name of Owner ..lc��'/.... ..... ..........................Address R.3..110 ... C ... C!.......(,-. Name of Builder�V7(7S....t....W/L.L.-.41 _5.........Address /N /v ......f18'/J!? /�1fAs Nameof Architect ..........40K,..........................................Address .................................................................................... Number of Rooms ...........� �NP.. C sc S l Cave...... Foundation .....:. Exterior � � ,�y �/ A C,/., ......................................................... .. Roofin ........./.����..... .�....5...................... r/d . Floors ...(..:1�?"a..Cr. ..P? .Interior ......e 7C/e1� � ��(• ........................................................ . . ............. ..... ....................................... � // ) L Heating„ .....::......G.v�.�.....................................................Plumbing .............../..!�.............................................................. '. Fireplace ...........w.. ............................................................Approximate Cost ........../V1X--6 ................. ............... 1-777 Definitive Plan Approved by Planning Board _______________________________19________ . Area ..��1...................... Diagram of Lot and Building with Dimensions Fee i." � SUBJECT TO APPROVAL OF BOARD OF HEALTH n` LIJ j OCCUPANCY PERMITS REQUIRED FOR NEW DWELLINGS I hereby agree to conform to.oll`the Rules and Regulations of the Town of Barnstable regarding the above construction. Name �' ................................... ../.....n....................... Construction Supervisor's License �..9.. � c Moore, Terry D. A=215-015-2 30230 add to radio No ................. Permit for .................................... transmission station .......................................................................... . Location ............................................765 Oak Street.................... West Barnstable ............................................................................... Owner .............Terry...D. Moore ...................... Type of Construction ...........frame............................... .............. ............................ ................................... Plot ............................. Lot ..................... .......... Permit Granted ....NQYATb9X...Z6............19 86 Date of�Inspection ....... ............................19 Date Completed ......................................19 Law Offices HOLLAND &KNIGHT LLP Neal J.McNamara nmcnamara@hklaw.com Suite 1800 One Financial Plaza Providence,Rhode Island 02903 401-751-8500•Fax 401-553-6850 www.hkiaw.com b JAMES B.MALLESS,AICP � owner/Zoning Specialist C S 7 y8� WIRELESS PLANNING SERVICES, LLC. Planning&Zoning Services For The Wireless Industry Ph 863-602-8485 f Fax 863-688-5176 845 Mississippi Ave. Email 1927jbm@gte.net Lakeland FL 33801 .1 U _ :T-0t3 ,A e7- Jim Nese s01 CONTRACTIMO Project Manager- COMPANT.INC. Divisional Estimating 18 Wolcott Street• P.O. Box 191 Readville,Massachusetts 02137 Office 617-833-6026, Fax.61;7-833-6028 Cell a -839Z8 r 17 ` gN q — c0 TOWN AARNSTABLE BUILDING PERMIT AtICATION Map Parcel - Permit# 0�C� Health Division M Date Issued Conservation Division Zo 2cz) Fee t v 1 tole, �Q� Tax"x Collect ' C. fCC704y,, _ U ��T easurer - O ov o .-11•he �d� -{-d Zd Planning Dept. ,,/ 1�'MtICAHT MUST OBTAIN Date Definitive Plan Approved by Planning Board p " l A ROAD OPENING PERMIT FROM ENGINEERING Ott Historic-OKH Preservation/Hyannis "lot to CMTMKTM N a Project Street Address �� ��� f�, lid/ �i,,�� rJ�� �I (ay &);C� Village Owner /6 A% oo,.-. Address ///a Telephone Permit Request aee cr �x�� -•'., �aw�.- w� � -�o�.-•� /� /�E� J 8�---%Go�` v c�� p,�v c.� ✓ri._f�C� �'!-�T6� �a 1 I � //� Square feet: 1st floor: existing proposed 2nd floor: existing proposed /LoI 19 Total new (9' Valuation-t 3Q 0'a Zoning District Flood Plain Groundwater Overlay A1190 Construction Type Lot Size Z 3/ Grandfatfiered: ❑Yes ❑ No If yes, attach supporting documentation. Dwelling Type: Single Family ❑ Two Family ❑ Multi-Family(#units) Age of Existing Structure Historic House: ❑Yes 6Vo On Old King's Highway: ❑Yes ZWo Basement Type: ❑Full ❑Crawl ❑Walkout ❑Other /(/`� f Basement Finished Area(sq:ft.) Basement Unfinished Area(sq.ft) Number of Baths: Full: existing new Half: existing new Number of Bedrooms: existing new Total Room Count(not including baths): existing new First Floor Room Count Heat Type and Fuel: ❑Gas ❑Oil ❑ Electric ❑Other Central Air: ❑Yes ❑No Fireplaces: Existing New Existing wood/coal stove: O Yes Cl No Detached garage: ❑existing ❑new size Pool:❑existing ❑new size Barn:❑existing ❑new size Attached garage:❑existing ❑new size Shed:Cl existing ❑new size Other: Zoning Board of Appeals Authorization ❑ Appeal# Recorded❑ Commercial 0-Ye/s ❑ No If yes, site plan review# O 4/7 0 Current Use 3 98r � -Ov_�.�Proposed Use BUILDER INFORMATION Name DA✓/D P RUSSd Telephone Number t~Z— �3- �OZS Address 3Z USSEt-( }RogD License# CS 05-9$8 7 ,9bM S2Vlu.r-,, MA 02)44 Home Improvement Contractor# Worker's Compensation# W V K 2 9 00 505 ALL CONSTRUCTION DEBRIS RESULTING FROM THIS PROJECT WILL BE TAKEN TO SIGNATUR DATE D 24 OI FOR OFFICIAL USE.ONLY PERMITNO. DATE ISSUED MAP/PARCEL NO. ADDRESS VILLAGE : O(NER DATE OF INSPECTION: ' FOUNDATION , FRAME INSULATION FIREPLACE ELECTRICAL: ROUGH FINAL ' • J 'NUMBING: ROUGH FINAL GAS: ROUGH FINAL FINAL BUILDING• gr �f"m� DATE CLOSED OUT, Nei? ASSOCIATION-PLAN NO. IME °' ° Town of Barnstable .ARNST,BM = Planning Division MASS. e � Thomas A.Brodrick,Director,Planning,Zoning and Historic Division eo Ma+ 200 Main Street, Hyannis,Massachusetts 02601 (508)862-4785 Fax(508)862-4725 June 20, 2002 Neal J. McNamara,Esquire ;�'"'�l 2� (9 Holland&Knight,LLP One Financial Plaza., Suite 1800 Providence, Rhode Island 02903 Reference: Oak Street Tower 07o VVg 'tan Dear Mr. McNamara: In review of your proposal and the need for Zoning Board of Appeals (ZBA) modification of the existing special permit and variance (Number 1997-08&09) issued to the above referenced site, I am identifying the following staff concerns and recommendations. The ZBA files are not up to date with the information requirements of the `Memorandum of Understanding' that issued the permit and variance. Specifically condition numbers, 5, 6 (inclusive of the annual January 15th report), 12, and 21(upon completion of the tower). It is staff's recommendation that the file should be updated and that the information requirements all be satisfied prior to a request for modification. Given that Pinnacle Towers, Inc.,is the present owner,it seems the requirements of the permit and variance are their responsibility. Upon review of the `License Agreement'with Pinnacle Towers, Inc., staff questions if Paxson Communications Inc.,has the authority under the agreement to build or add to the existing building. It would be staffs recommendation that the owner,Pinnacle Towers, Inc., should make the application for the modification given that the proposal is an improvement to real property owned by that entity. A copy of the Memorandum of Understanding that enumerates the conditions of the permit and variance is attached. Should you require any additional information or clarification please feel free to contact this office at 508-862-4685. Re pectfully: Arth P. Tr czy Principal Planner File letters—2002—L-McNamara-OakTower.doc ` C Paula K.Gordon,Paralegal,Holland&Knight,UP,One Financial Plaza,Suite 1800,Providence,Rhode Island 02903 Pinnacle Towers,Inc.,301 N.Cattleman Rd.,Suite 300,Sarasota,FL 34232 Ruth J.Weil,Assistant Town Attorney Ron S.Jansson,Zoning Board of Appeals Chairman Thomas Peny,Acting Building Commissioner Site'Plan Review F Law Offices Annapolis New York Atlanta Northern Virginia HOLLAND & KNIGHT LLP Bethesda Orlando Boston Portland Bradenton St.Petersburg Chicago San Antonio Suite 1800 Fort Lauderdale San Francisco Jacksonville Seattle One Financial Plaza Lakeland Tallahassee Providence,Rhode Island 02903 Los Angeles Tampa Melbourne Washington,D.C. 401-751-8500 Miami West Palm Beach FAX 401-553-6850 Internationalofices: Sao Paulo www.hklaw.com Harsco' Tel Aviv* Helsinki Tokyo Mexico City RiodeJaneiro `itepresentativeoiliice August 22, 2002 NEAL J.MCNAMARA,ESQ. 401-553-6810 InternetAddress: nmcnamar@hklaw.com Mr. Thomas Perry Building Commissioner Town of Barnstable 200 Main Street Hyannis, MA 02601 RE: Paxson Communications Dear Mr. Perry: This is to confirm our telephone conference of August 19, 2002 regarding the addition that Paxson wishes to build to the storage area at the Pinnacle Tower location on Oak Street in West Barnstable. You have agreed to our request to put in the concrete pad prior to receiving zoning approval for building the entire addition, recognizing that we are under certain time constraints. We acknowledge that in the event the Zoning Board denies our request, we would have to remove the concrete pad. The concrete pad will be approximately 740 square feet, and will be located where indicated in the plans we have submitted to the Town. Thank you for your cooperation. Sincerely, HOLLAT,TD & K�-4"IGH T U. v Neal J. McNamara Cc: Paul Titchenal PRv1#87987,v1�p._ TOWN OF BARNSTABLE CERTIFICATE OF OCCUPANCY - RE: PERMIT #57085 PARCEL ID 215 015 002 GEOBASE ID. 13281 ADDRESS 749 OAK STREET PHONE W BARNSTABLE ZIP - i! Y LOT A-1 & B BLOCK LOT SIZE DBA DEVELOPMENT DISTRICT WB PERMIT 74439 DESCRIPTION CERT. OF OCCUPANCY - PINNACLE TOWER-#57085 PERMIT TYPE BCOO TITLE CERTIFICATE OF OCCUPANCY CONTRACTORS: Department of ARCHITECTS: Regulatory Services TOTAL FEES: BOND $.00 pf CONSTRUCTION COSTS $.00 756 CERTIFICATE OF OCCUPANCY * sUMSTABLE, • MA & � t6g9. l �FD MA'S a BU I V01VISION B DATE ISSUED 01/30/2004 EXPIRATION DATE S� Fidelity and Deposit Company of Maryland 6"-' ��� O D 1600 McConnor Parkway, 1 Oth Floor,Surety Intake Center,Schaumburg,IL 60173 Bond No. LPM8513425 i NOTICE OF CANCELLATION Date: MAY 4,2011 TOWN OF BARNSTABLE 200 MAIN STREET HYANNIS MA 02601 The undersigned Surety upon a certain Bond in your favor as follows: _p Principal: PINNACLE TOWERS,INC. , Bond No: LPM8513425 J License No: - Amount of Coverage: S 75,000 -� Effective Date: 09/26/2004 -,!j C� he notifies you that it desires to cancel and does hereby cancel said bond as an entirety. Such cancellation to become effective at Thirty (30) days from receipt of this letter. It shall be presumed that you receive this letter within five(5) days of this notice. Please send written confirmation of this notice to the address below. This notice is given to you in accordance with the cancellation provision contained in said bond. C By: Pamela D.Washington ,Attorney-in-Fact Fidelity and Deposit Company of Maryland trading as Zurich North America Surety Attn: Surety Service Center 1600 McConnor Parkway 1 Oth Floor, Surety Intake Center Schaumburg IL 60173 CC: ARTHUR J.GALLAGHER RISK MANAGEMENT SERVICES,INC. PO BOX 260700 TAMPA FL 336850700 PINNACLEaTOWERS,INC. / 1549 RINGLING BLVD. 3 RD FLOOR SARASOTA FL 34236 LPM90002 Ed.(07/03) 140 . NOV-09-2001 11:58 SCIHSR P.02 UYED 7' iYEl� DESK ICENTRAL - 'TOWE.R A Dielectric-Compatly T'o: E.J. Sciaba Contracting Re: Guyed Tower Design Site: Barnstable,MA. I,Charles Coffey, am the engineer that designed Barnstable,MA. guyed tower structure and foundations(Central Tower job #GT-782). If you have any questions,please feel free to contact us. Charles Coflf'ey Civil Engineer p ` (01 2865 Highway 261 -NewWrgh,IN 47630•Phone 812.853.0595 800-664-6222•Fak m.863•e%2•wwNcentraltuwer.com Construction Services•3265 Tower Orive•Nevkburgh,IN 47620•Phone 812-858-8287-Fax 612-658.8843•www•ryanconstrVaion•n®t Ed WdEb:TT TOM 60 '^ON ES99EGGETS : 'ON :3NOH8 'ONI 'N3M01-7d8iN30 : W083 r I i ;��r. �?nntiirniunval/� o`�. `ltuur.�ulrf�! s=a BOARD OF BUILDING REGULATIONS License: CONSTRUCTION SUPERVISOR Number: CS 059587 '> Birthdate: 10/05/1973 Expires: 10/05/2002 Tr.no: 2873 Restricted To: 00 DAVID P RUSSO 32 RUSSELL RD SOMERVILLE, MA 02144 Administrator F " " The Commonwealth of Massachusetts Department of Industrial Accidents _ office of/oresdootioos . 600 Washington Street Boston,Mass. 02111 Work Censation Insurance Affidavit r arwra r�rrraaiaai rasa �//r name:location r7r`7n `/t� tt Sfi city phone# ❑ I am a homeowner performing all work myself. ❑ I am a sole rietor and have no one worku in a�ca achy I am an em to er providing workers' compensation for my employees working on this job.: :::: .....::::: : : : . .::::: .:::.;: g :com U any n am e . > 1.::.::: .................................:.: acid ress ; X. : :::..:::::::::::::.:.::. .:::::.;_;:.;::.>:.;:.;:.:.;:.::.:.:::.::.::: hone.#. :.,.::::, :,. :::...................;:;;:.............:::. Cl :.:::::..:...`� .. ........... ...... iv mswance co : : .::.:h :: ... :.:..:.......... ❑ I am a sole proprietor, general contractor, or homeowner(circle one)and have hired the contractors listed below who have compensation o lices: kern co e followi ng workers' n►P P ::::::::::::::::::::.:::...::.::.:.::.::.::.::.:.::.::.::::.::.::.::.:::.;:.;:.;;;:.;:.:;;.;:::::»:::<:;::>::»::<>::»> g..................................:.:::::::::::::::::::::::.:.............:...::..::::::::::.::.:::::::.:.:............:..:::::::.::.::::::::::.....................::..... .::.::::::::..::...........::.::::::::::::::::::.......:::.:: com anv.:nam a diire :............:...:::::..............IX ......:.... ... ........ ......: ........ .....................:............................................:.. ::::..<....::..............a :•;;;;:.;...........::::....:... ............................. :.. :. :................:......:::::...:.::::::::::::................:......................:::.;;:... ....:::; :::::..........::..:.:::................................................. :.:. ..................::•........:::.........:..::::.;;:.;::•;::;.;.::::;:::;::::. �.. .. . .. .. .. ...................::..::: ;�;;:.::.:::::...........::::::.:::.::::.choir ....... .�:.. :.:>:.k•S>:: :::: ................................................................ ansnran c any pX. ain dress: ........... ::.. ::::::::.::::.:::::.: ad '> ''on..X. h X. irisurarice Fafinre to secure coverage a,required under Section 25A of MGL 152 can lead to the imposition of criminal penalties of a fine up to s1,5oo.00 and/or one years+imprisomnent as weII as dvfi penalties in the form of a STOP WORK ORDER and a fine of$100.00 a day against me. I understand that a copy of thL+statement may be forwarded to the Office of Iinvestigations of the DIA for coverage verification I do hereby certify the p penalties of perjury that the infonnation provided above is truo and correct Signature - Date �V 2 � o / Print name ✓ Ab.S •-SC/ a Phone# 6� official use only do not write in this area to be completed by city or town official city or town: perndt/license# ❑Bufiding Department ❑Ucensirng Board ❑checkif immediate response is required ❑Selectmen's Office _ ❑Health Department contact person: phone#; ❑ � (m sed 9J95 PJA) i Information and Instructions Massachusetts General Laws chapter 152 section 25 requires all employers to provide workers' compensation for their employees. As quoted from the "law", an employee is defined as every person in the service of another under any contract of hire, express or implied, oral or written. An employer is defined as an individual, partnership, association, corporation or other legal entity, or any two or more of the foregoing engaged in a joint enterprise, and including the legal representatives'of a deceased employer, or the receiver or trustee of an individual, partnership, association or other legal entity, employing employees. However the owner of a dwelling house having not more than three apartments and who resides therein, or the occupant of the dwelling house of another who employs persons to do maintenance, construction or repair work on such dwelling house or on the grounds or building appurtenant thereto shall not because of such employment be deemed to be an employer. MGL chapter 152 section 25 also states that every state or local licensing agency shall withhold the issuance or renewal of a license or permit to operate a business or to construct buildings in the commonwealth for any applicant who has not produced acceptable evidence of compliance with the insurance coverage required. Additionally,neither the commonwealth nor any of its political subdivisions shall enter into any contract for the performance of public work until acceptable evidence of compliance with the insurance requirements of this chapter have been piesented to the contracting authority. Applicants Please fill in the workers' compensation affidavit completely,by checking the box that applies to your situation and supplying company names,address and phone numbers along with a certificate of insurance as all affidavits may be submitted to the Department of Industrial Accidents for confirmation of insurance coverage. Also be sure to sign and date the affidavit. .The affidavit should be returned to the city or town that the application for the permit or license is being requested, not the.Department of Industrial Accidents. Should you have any questions regarding the"law"or if you are required to obtain a workers' compensation policy,please call the Department at the number listed below. City or Towns Please be sure that the affidavit is complete and printed legibly. The Department has provided a space at the bottom of the affidavit for you to fill out in the event the Office of Investigations has to contact you regarding the applicant. Please be sure to fill in the perms license number which will be used as a reference number. The affidavits may be returned tr the Department by mail or FAX unless other arrangements have been made. The Office of Investigations would like to thank you in advance for you cooperation and should you have any questions. please do not hesitate to give us a call. - The Department's address,telephone and fax number: The Commonwealth Of Massachusetts Department of Industrial Accidents Office of Investigations 600 Washington Street Boston,Ma. 02111 fax#: (617) 727-7749 phone#: (617) 727-4900 ext. 406, 409 or 375 I ' UPDATE PROPERTY RECORDS : ADD CHANGE DELETE NOTES HELP END CHANGE RECORDS ON PROPERTY TABLE PRESS CONTROL 0 TO UPDATE NOTES FOR PROPERTY PENTAMATION----------------------------------------------------------- 11/09/01 PARCEL ID 215 015 002 GEOBASE ID 13281 LOT/BLOCK A-1 & B DBA ADDRESS 749 OAK STREET DEVELOPMENT ADDRESS LINE 2 ADDRESS LINE 3 W BARNSTABLE ZIP OWNER NAME FLYNN PAUL P & SANDRA M OWNER ADDRESS ZIP 01612 ADDRESS LINE 2 99 ASNEBUMSKIT ROAD DISTRICT WB ADDRESS LINE 3 PAXTON MA PHONE STATUS C ASSESSOR' S CODE CAPACITY(NOTES) ZONING DIST/ZOC RF SEWER SYSTEM FLOOD PLN/ELEV. WATER SYSTEM OKH? Y # BEDROOMS ZBA DECISION FAMILY APT LOT SIZE 74923 . 2 OPER/MGR NAME WET LANDS MULT ADDRESS USE 432 PROTECT DIST AP ENTER Y IF ALL ARE CORRECT OR N TO REENTER UNIQUE PROPERTY ID r nUl 1 n vll= a 1 r r Jtip i'.-) zuui 1 •LU T ��r s ii: i:, ,, I� I•. '�n•� ;�:�{� :fjyt DATE (,tM/DD/YY) '.l ACORD,m T. � �i...J,3R : 09/19/01 PRODUCER THIS CERTIFICATE IS ISSUED AS A NIATTER OF INFORMATION Aon Risk Services, Inc. of Massachusetts ONLY AND CONFERS NO RIGHTS UPONTHECERTTFICATE 99 High Street Holton MA 02110 USA HOLDER THIS CERTIFICATE DOES NOT AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE INSURED INSURER A: St Paul Fire & Marine Insurance Co. E.J. Sciaba Contracting Co., Inc. NSURERa. St Paul Ins Co IS Wolcott Street Fcadvillc MA 021270000 USA 1NSURERC: Naticn31 Union Fire Ins CO Of PirtSDurgn INSURER D: M nks3i 6 ^!P6is{kitifira[ei>:]SOR:[i1tCDdC�:LO g CI. 9U'.COdOFSCRiCDIS;'vucrii os;.l s:' nd"D sand.kcl Si'0 Of C�d;A6li�id f Stti6i i1:s: t:,::::8 R::L a'!!..• ' ii'; THE POLICIES OF INSURANCE LISTED BELOW I IAVE BEEN ISSUED TO THE INSURED NAMED ABOVE GOR THE POLICY PERIOD INDICATED, NOTVATHSTANDNG ANY REOUIREMENT.TERM OR CONDITION OF ANY CONTRACTOR OTIIER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY SE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREN IS SUBJECT TO ALL THE-TERMS,EXCLUSIONS AN D CONDITIONS OF SUCH POLICIES.AGGREGATE LLMUrs SHOWN MAY HAVL'BEEN REDUCED BY PAID CLAIMS. INSN POLICYEFFICTIVE POLICI'EXPIRITION IrtR T1'PEOFINSURANCE POLICY[iUDt®R LIMITS OATR(M UIDDIYY) DATA(M AnD DIY V) B GENERAL LIABILITY KKO5700030 6/1/01 6/1/02 EACH OCCURRENCE $1,000 000 COMMERCIAL GENERAL LIABILITY ' X COMMERCIAL OENERAL LIABILITY FIRE DAM AGWAnv one frcl $500,000 CLAIMS MADE X�OCCUR M&D EXP(AnY on$Der7on) 510.000 PERSONAL-ADV INJURY S 1,000,000 CENERALAGCRECATE $2,000,000 PN-L AGOREOATE LIMIT APPLIES PER: PRO• rRoouc'rs-coMPJoPAcc $2,000,000 POLICY El X❑ LOC A AUTOMOBILKLIABILITY MA02900014 6/1/01 6/1/02 CnMBINRO%INCIL6LIMIT X ANY AUTO BUSINESS AUTO COVERAGE (Esssidanl) S1,000,000 ALL OWNED AUTO% BODILY INJURY SCHEDULED AUTOS (Per w'°') X HIRED AUTOS 8001LY INJURY X NON OWNED AUTOS mereuidena PROPERTY DAMAGE IN,widcn(1 GARAGE LIADMITY AUTO ONLY•BA ACCIDENT .ANY AUTO OTHBRTH,IN EA ACC AUTO(NL Y AGG C EXCESS LIABMI Y BES715276 6/1/01 F,/)/02 EACH000URRSNCE $5,000,000 COMMERCIAL UMBRELLA COVERAGE X OCCUR CLAIMS MADE AGGRbCAT6 .65,000,000 OEDUCTIBLE }( RETENTION $ $10.000 B WORK2119COMPRN%ATION,00 V4290050S 6/1/01 6/1/02 6TAn1• OTH- E,IPLOYEII'LIAGILR CY WORKERS COMPENSATION Y B.L.BACH ACCIDBNT $500,000 E.L,DISEASE-POLICY LIMIT $500,000 E L.DISEASE-EA EMPLOYES $500,000 OTHER DESCRIPTION OF OPERATIONSWCATIONS(VEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS Pinnacle Towers, Inc. is an Additional Insured on the General Liability, Auto Liability and Umbrella Liability policies with regard to work performed within E.J. Sciaba Contracting Cc., Inc's scope of normal business operations. SHOULD ANY OF THEABOVS DESCRIBED POLICIES BE CANCELLED BEFORE THE SNPIRATION DATE THERLOF.THS 16BVIN0 COMPANY WILL GNOSAVOR TO MAIL Pinnacle Towers, Inc, ID DAY6 WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT. Ms. Darlene Osman BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY 301 North Cattlemen Road OF ANY XND UPON THE COMPANY.ITS AOENTS Oft REPRESENTATIVES. Sarasota, FL 34232 USA (V11:1..�+I( ,1Il4�:IAl I• �r i"' AUTHORIZED RSPRESENTA n Certificate No: 570000761646 Holder Identifier : innacle Tcwers i DETAILED INFORMATION CHART <= Point Bond Width c 59.36 ORANGE WHITE ORANGE I WHITE I ORANGE WHITE ORANGE Lighting Syslem A-213 RED LIGHTING SYSTEU CONFIGURATION 1 2 3 I l 5 SECTION d 1 2 3 5 E 7 E 9 I to 11 12 1 13 1 11 15 16 17 16 19 20 ' I I e 1 9 I ' N f�N� n: X% Xr w Y.Yr%:%r w. :Xr %rYr%� 'Y:Y'Yr Xr pY•>'•%>'•l nXYr r :Y•Y. r Y•Y Y •Y Y•Y•Y.Yr'•> t.Y.v Y• •%>'r Y. Yr r �.� 0 m S ir o I I � o s M{CHAEL T. G� —� UGEN �. r L Z o _ NoS 0 � d9p SFr+1S 711c �'\4 FESS/ON Al E�G� Z _ - `°�P'"` "`x`"rc CENTRAL TOWER,INC. A OF Communicarion Tm.•crs 2'y MYY.261 NEIYBURGHIt"•DIANA 476M CRIT-W-0595 REVISIONS By Elevation View & Member Information z I 51TE BARNSTABLE, MA. MR PINNACLE PR01'NO GT-782 DESIGSTD BY: B.K.A. DRAWN BY: A.J.H. APP.BY: D.\TE 8-2g—GU SC\IE 40 DRAWING tsG DISKN¢GT/782 NAA1e GT-782-1 GUY CHART PREFORM ROCKET T-BUCKLE OPEN BRIDGE THIMBLE SHACKLE POURED SOCKET CUT WIRE LENGTHS INITIAL TENSION LBS. CUY I GUY EAR GUY EAR GUY EAR STARMOUNT GUY WIRE ri r•7r.:�",•+ GUY SIZE SIZE SOCKET SIZE STRAND SOCKET SIZE SIZE SIZE PLATE HOLE II WELD SIZ REO'D LEG -A- LEG 'B' LEG 'C' TOTAL FT 30' F 60' F 90' F N/A I B.S. 1-3/1 N/A N/A N/A I B.S. 750-12-125-IM9S(7-1/2 . 12 . I-I/A) 2-7/16 1/2 N/A 160' 160. 160' A80' 13605 12200 10795 130' 1 B.S. N/A I B.S. I-3/4 N/A I N/A N/A I 1 B.S. 750-12-125-IM9S(7-1/2 = 12 = 1-1/4) 2-7/16 1/2 N/A 190' 190' 190' 570' 13110 12200 11290 190' 1 B.S. N/A I B.S. 1-3/4 N/A N/A N/A t e.S. 750-12-125-IMBS(7-1/2 . 12 = 1-1/4) 2-7/16 1/2 N/A 240' 240' 240' 720' 12715 12200 11685 230' I-1/8 B.S. t1/A I-1/8 B.S. 2 N/A I N/A N/A 1-I/8 B.S. I B-IA-150-1122S(I a It , 1-1/2) 2-11/16 1/2 N/A 310' 310' 310' 930' 16710 15600 1"90 270' 1 B.S. N/A I B.S. 1-3/A N/A N/e N/A f B.S. 750-12-125-I002S(7-1/2 = 12 . 1-1/4) 2-7/16 1/2 N/A 345' Sty' 345' 1035' 12895 12200 11505 330' 1 B.S. N/A I B.S. 1-3/4 N/A N/d N/A I B.S. 750-12-125-IMBS(7-1/2 . 12 . I-1/4) 2-7/16 1/2 N/A 395' 395' 395' 1185' 12710 1 122DO 11690 See' 7/9 B.S. 7/8 B.S. N/A 1-1/2 N/A 1 I 1 N/A I STARVOUN'T EEOUIRED 1-5/16 1 1/2 I YES (2) 445' (2) 445' (2) 445' 2670' 9— 9200 8905 TOWER MEMBERS CHART GIRTS TYP. WEIG4T (LBS.) CONFIGURATION ELEVATION FACE LEG DIAGONALS FACE I (CONDUIT) FACE 2 (FEEOLINE) i FACE 3 (FEEDUNE) PER 20' SECTION I 0' - 80' 60 3-1/4 1-1/4 1 2 = 2 . 3/16(iu9) IC 2 = 1 . 1/8 IC 2 . 1 . 1/8 2950 �F`�KOF Mgss'c 2 80' - 120' 60 3-1/2 1-1/8 1 2 . 2 . 3/16(TUB) IC 2 . I . 1/8 I IC 2 = 1 . I/8 3075 ,r G 3 120' - 200' 60 3-1/4 1-1/8 1 2 , 2 , 3/16(Tue MN GF7 T. 9 yc 2 . 1 = I/e � {c 2 = 1 . ,/a zaM � N F T � t zoo' - 300' 60 2-3/4 1 1 2 . 2 . 3/16(TWB)l IC 2 = 1 . 1/8 I IC 2 . 1 . 1/8 2150 ST 5 300' - 388' I 60 12-1/2 1 1 2 , 2 , 3/16(TMe)1 {C 2 . 1 , 1/8 I yC 2 . 1 . 1/8 1925 A ANTENNA INFORMATION ANTENNA INFORMATION o�flCNAIE�G`� ANTENNA TYPE ELEVATION LINE ANTENNA TYPE ELEVATION LINE (1)DIELECTRIC TUP-C4-6-1 @ LOP 1 6-1/8 (1)DISH W/F.ADOVE I 0 162' 7/8 (9)06810 + MOUNTS 0 360' I 1-5/e (1) 12' OMNI + MOUNT I 0 152' 1/2 (9)DE810 + MOUNTS @.330' I-5/9 (1) 9-OVNI + MOUNT I 0 152' 1/2 (9)Oe810 + MOUNTS @ 310' 1-5/8 (1) DISH W/P.ADOVE 0 151' 1-1/4 GUY & MEMBER CHART NOTES: (1) 35' ePOAMAST 0 265' I A (1) 12'OMNI + MOUNT 0 145' 1/2 1) ALL MATERIAL IS MADE OF SOLID ROUND UNLESS NOTED OTHERWISE. (3) 15' CVNI + MOUNTS 0 263' I I-t/A (1) DISH W/RADOVE , 0 I45' I 7/8 2) ALL DIMENSIONS ARE IN INCHES UNLESS NOTED OTHERWISE. (1)OMNI a MOUNT 0 259' 7/8 (1) 12' OMNI + MOUNT 0 ItA' 1/2 I 10' BOGNER 0 259' 7 8 3) ALL LEG AND LEG FLANGE PL MATERIAL IS A-572 GRADE 50 (Fy z 50 ksi). () / (12)D89e0 + MOUNTS 0 1At' 1 1-5/8 ALL INNER MEMBER 8: PLATE MATERIAL IS ASTM A36 (Fy A 36 ksi). (12)PANELS + MOUNTS @ 252' I 1-1/4 (1) 16' OMNI MOUNT j Q 137* 7/8 e) ALL STANDARD SECTIONS ARE 6-BAY X-BRACED (38-1/2- BAYS). (9)De810 VOUNTS 0 230' 1-5/8 (2)DISHES w/P.ADOVE 0 13t' 7/6 (12)02980 + MOUNTS @ 230' 1-5/8 (1)DIPOLE I 0 132' 1/2 S) CLIMBING LADDER PROVIDED. (1)DIPOLE 0 217' 7/E (12) D89E0 * MOUNTS 0 120' I-5/E 5) DOUBLE C 2 X 1 X 1/8 CHANNEL HORIZONTALS REQUIRED ON FACES I I I T 8 3 FOR FEEDLINES FROM 0 - TOP. (1) 2-PAY EFOeDCAST @ 216' e (6)DBE10 uOUNT S 0 IM' 7/6(9)Deelo . MOUNTS @ 200' 7/1 (1)OMNI + MOUNT 0 71' 1/2 (12)D8810 • MOUNTS @ zoo' 1-5/8 (1)OMNI + MOUNT 0 62' i 1/2 (1) 12' OMNI + MOUNT @ 183' 7/a (I) .50m DISH i o 35' RG (1) 15' OMNI + MOUNT 0 182' 7/e (1) 1.75m DISH I 0 2E' RG MARKING NOTES: (1)GRID DISH 0 let' 7/E (I) .75, DISH i 0 23' RG 1) BASE SECTION IS TO BE STAMPED 0 THE BASE PLATE. ALL OTHER (6)DE810 + MOUNTS 0 175' 1//1 (1) .75m DISH 0 22' RG SECTIONS ARE STAMPED AT THE TOP. (12)D99EO + MOUNTS 0 175' I 1-5/8 (1) llo0 DISH 0 IA' RG 2) SECTION LABELING SYSTEM INFORMATION IS GIVEN IN THE DETAILED INFORMATION CHART. THE LABELING SYSTEM IS TO BE USED FOR (1)GRID DISH @ 168' I t/2 (t) .75m DIS° ! @ u' RC PROPER IDENTIFICATION OF ALL SECTIONS AND TO ENSURE PROPER (1)DISH w/P.e DOVC 1 0 162' 7/E INSTALLATION. AIL— f Complcico MT][IM C' CENTRAL TOWER, INC. O C:--i m,nnTow•cr< 2SS5HN'1'.2GI NEWBURGH.INDIANA 476M I-S12-&S3-OM5 REVISIONS BY MLE' DETAIL INFORMATION CHART THIS STRUCTURE IS DESIGNED TO MEET AtTSI/EIA-222-F STANDARDS FOR A BASIC WIND SPEED OF 100 MPH WITH I/2' ICE. SITE BARNSTABLE, MA. FOR: PINNACLE TOWERS INC. PROI.NO GT-782 DESIGNED III': B.K.A. I DRAWN BY: A.J.H. APP.BY: DAT' 8-23-00 SCALE: NO DRAWING NO, DISK NO: GT#782 NAME: GT-782-2 GT-782—Z O REBAR SPLICING CHART 3 4 BAR SIZE SPLICE LENGTH ANCHOR CHART (For 1 Anchor) -• REBAR SIZE REBAR LENGTHS 6"•• 6" 3 15" pcs. Of REBAR ITOTAL FT. REQ'D 3'---wT ! 17" ¢9 GRADE 60 29' 1 11 319' 6" 5 21" 16 GRADE 60 51 30 150• 6 26" 7 30" APPROXIMATE CONCRETE PER ANCHOR = 13-1/2 YD3 --� 8 36" 9 46" 10 58" 11 71" ANCHOR CHART (For '3 Anchors) 30 ----- ------------- SPLICING NOTES: REBAR SIZE REBAR LENGTHS pcs. OF REBAR TOTAL FT. REO•D -----k --------- � #9 GRADE 60 29' 33 957• 1) STAGGER ALL SPLICES. g6 GRADE 60 5 90 450' 12 �� I 2) SPLICE CHART IS BASED ON 3000 PSI CONCRETE. ryP• 3) SPLICE REBAR ONLY WHEN NECESSARY 15' APPROXIMATE TOTAL CONCRETE = 40-1/2 YD3 6" NOTES: 33 TYP. REBAR PATTERN �— 1) ALL WORKMANSHIP AND MATERIALS SHALL BE IN ACCORDANCE WITH THE LATEST EDITIONS X 6" TYP ON I OF ACI 301 AND AC1318. Z FRONT AND ON TOP. VERTS O 2) THIS FOUNDATION IS DESIGNED TO CONFORM ACI 318-99 AND ANSI/EIA-222-F STANDARDS 36" UTILIZING THE SOILS REPORT PREPARED BY FTE., INC. DATED 6-29-99. +24* ND RADIUS PER A COPY SHALL BE PROVIDED TO THE FOUNDATION CONTRACTOR. SOIL CONDITIONS THAT I 318-89 DIFFER FROM THOSE DESCRIBED IN THE REPORT SHALL BE BROUGHT TO THE ATTENTION OF THE RESIDENT ENGINEER/INSPECTOR. ALL COMMENTS OR RECOMMENDATIONS REGARDING CONSTRUCTION TESTING OR CONSTRUCTION MONITORING SHALL BE STRICTLY FOLLOWED. 3) ALL CONCRETE SHALL BE 3000 PSI AT 28 DAYS. CYLINDERS SHALL BE PROPERLY CAST WITH COPIES OF THE TEST REPORTS GOING TO THE RESIDENT ENGINEER/INSPECTOR. 4) ALL ADMIXTURES MUST BE ADDED SEPARATELY INTO FRESH CONCRETE AND SUFFICIENTLY MIXED. A NON-CORROSIVE CONCRETE SET ACCELERATE MAY BE UTILIZED IN COMPLIANCE WITH ASTM 494 TYPE C. A WATER REDUCING ADMIXTURE MAY BE UTILIZED IN 42.33' COMPLIANCE WITH ASTM 494 TYPE A. WORK POINT 5) ALL BACKFILL SHALL BE PLACED IN 8 INCH LIFTS AND COMPACTED TO A MINIMUM OF ' 95 PERCENT OF THE STANDARD PROCTOR MAXIMUM DRY DENSITY AS MEASURED BY 8'-6- ASTM D-698 UNLESS MORE STRINGENT COMPACTION IS REQUIRED BY THE SOIL REPORT. 10• 6) MINIMUM CONCRETE COVER SHALL BE 3 INCHES UNLESS OTHERWISE NOTED. O n 6^ 7) VERTICAL PLANE OF FAN PLATE ANCHOR ROD IS NOT TO DEVIATE MORE THAN h 1" FROM THE CENTERLINE OF BASE BEARING PLATE PIN. 8) COAT ALL ANCHOR RODS IN CONTACT WITH SOIL WITH BITUMINOUS MATERIAL N 3' A `°m°'"`a `."` CENTRAL TOWER INC. (A Co uni dm Tcv�n 265 HWY 261 NnBURGi lMANA 47&V 012?453M 9' 3-15/16" REVISIONS BY nrE 3 11' 3-15/16" �_. ,, 320 RAD. OUTER ANCHOR FOUNDATION DESIGN ru TO CENTROID Rl OF TOWER CotNry:BARNSTABLE, MA. wR: PINNACLE PRO1•-GT-782 DUMED BY: C.C. DRAWNBY: AJ.H. APP.BY: DATE10-17-01 NO DRA-MNO: DUKE GT 782 N'V': GT-782-173 I GT-782—B 0 REBAR SPLICING CHART a 4 BAR SIZE SPLICE LENGTH ANCHOR CHART (For 1 Anchor) 6' 6' 3 t5" REBAR SIZE REBAR LENGTHS pcs. OF REBAR ITOTAL FT. REO'D 3 4 17" /8 GRADE 60 24 11 264' 6" 5 21 16 GRADE 60 5' 25 125' 6 26" 7 30" APPROXIMATE CONCRETE PER ANCHOR = 11-1/4 YD3 - 8 36" 9 46' 10 58" 11 71" ANCHOR CHART (For 3 Anchors) SPLICING NOTES: REBAR SIZE REBAR LENGTHS pcs. OF REBAR TOTAL FT. REO'D 25' `-----FF� 8 GRADE 60'----F � 24' 33 792' 1) STAGGER ALL SPLICES. 12" 2) SPLICE CHART IS BASED ON 3000 PSI CONCRETE. 96 GRADE 60 5' 75 375' TYP 3) SPLICE REBAR ONLY WHEN NECESSARY 12'-6" APPROXIMATE TOTAL CONCRETE = 33-3/4 YO 6"j NOTES: 71 33 TYP. REBAR PATTERN -'- I) ALL WORKMANSHIP AND MATERIALS SHALL BE IN ACCORDANCE WITH THE LATEST EDITIONS X 6" TYP ON I OF ACI 301 AND ACI318. Z FRONT AND ON TOP. VERTS 0 2) THIS FOUNDATION IS DESIGNED TO CONFORM ACI 318-99 AND ANSI/EIA-222-F STANDARDS 36" UTILIZING THE SOILS REPORT PREPARED BY FTE., INC. DATED 6-29-99. -- BEND RADIUS PER A COPY SHALL BE PROVIDED TO THE FOUNDATION CONTRACTOR. SOIL CONDITIONS THAT ACI 318-89 DIFFER FROM THOSE DESCRIBED IN THE REPORT SHALL BE BROUGHT TO THE ATTENTION OF THE RESIDENT ENGINEER/INSPECTOR. ALL COMMENTS OR RECOMMENDATIONS REGARDING CONSTRUCTION TESTING OR CONSTRUCTION MONITORING SHALL BE STRICTLY FOLLOWED. 3) ALL CONCRETE SHALL BE 3000 PSI AT 28 DAYS. CYLINDERS SHALL BE PROPERLY CAST 24" WITH COPIES OF THE TEST REPORTS GOING TO THE RESIDENT ENGINEER/INSPECTOR. 4) ALL ADMIXTURES MUST BE ADDED SEPARATELY INTO FRESH CONCRETE AND SUFFICIENTLY MIXED. A NON-CORROSIVE CONCRETE SET ACCELERATE MAY BE UTILIZED IN COMPLIANCE WITH ASTM 494 TYPE C. A WATER REDUCING ADMIXTURE MAY BE UTILIZED IN 33.06• COMPLIANCE WITH ASTM 494 TYPE A. WORK POINT 5) ALL BACKFILL SHALL BE PLACED IN 8 INCH LIFTS AND COMPACTED TO A MINIMUM OF 95 PERCENT OF THE STANDARD PROCTOR MAXIMUM DRY DENSITY AS MEASURED BY 8-6 ASTM 0-698 UNLESS MORE STRINGENT COMPACTION IS REQUIRED BY THE SOIL REPORT. 10' 6) MINIMUM CONCRETE COVER SHALL BE 3 INCHES UNLESS OTHERWISE NOTED. O n 6" 7) VERTICAL PLANE OF FAN PLATE ANCHOR ROD IS NOT TO DEVIATE MORE THAN 1" FROM THE CENTERLINE OF BASE BEARING PLATE PIN. �. 8) COAT ALL ANCHOR RODS IN CONTACT WITH SOIL WITH BITUMINOUS MATERIAL Rl 3' CD m 6. m A `�°kt`a°` CENTRAL TOWER INC. Co unicatim Tovim 295 HWY.261 NEWBURGH.INDIANA 47630 {813453-050 3 13' 0-3/4" 200' RAO. REVISIONS BY INNER ANCHOR FOUNDATION DESIGN 15' 0-3/4" TO CENTR010 H _ W OF TOWER FDEATE `BARNSTABLE, MA. i PINNACLE rROI'npGT-782MBY: C.C. DRAWNBY: AR.BY:A.J.H.10-17-01 �E NO DRAWL%NOt G1 782 NAW_ GT-78242 GT-782-F2 i 70 N PAD REBAR SPLICING CHART 20' 3 REBAR SIZE REBAR LENGTHS / OF REBAR TOTAL FT. REO'D BAR SIZE SPLICE LENGTH 10' •- 7 GRADE 60 19' 78 1482' 3 15" 6- BEARING PLATE 4 17' 6- PART / BP141250-125 PIER (verts) 5 21 --r-T-i--r-r-�--r-r-r--r-� REBAR SIZE REBAR LENGTHS / OF REBAR TOTAL FT. P.EOD 6 26 - -- -i_�__�_s._�__�_�_i__�_� _--- _y_-14 6 GRADE 60 8'-5" 21 176'-9" 7 30" 14-1 `- PIER (ties) 10 58" REBAR SIZE REBAR LENGTHS 11 OF REBAP. TOTAL F1. REO 0 F-i- -F, -i 20' 7" 11 71" 4 GRADE 60 42" 0 10 110' - -- - - -� -•--�-; 14- SPLICING NOTES: T-4 '•;- - . , 1) STAGGER ALL SPLICES. ' ' 2) SPLICE CHART IS BASED ON 3000 PSI CONCRETE. �-'--r-T-;--�-T-;--I- --T--�-; 2-1/2' 1-1/4" PL 3) SPLICE REBAR ONLY WHEN NECESSARY. `-' -1-J--`-1- --`-J--1--�-J ALL /7 REBAR TYP, 6' 33 X 24' 20-1/4- I BASE FOUNDATION zo 1-1/4- L S.R. VERTS APPROXIMATE CONCRETE REO'D = 39-1/4 YD3 77" .. BEAD RADIUS PER ACI 318-89 1­ —4" 48" 24" 42- 3- 6' TO GRADE NOTES: I) ALL WORKMANSHIP AND MATERIALS SHALL BE IN ACCORDANCE WITH THE LATEST EDITIONS 9- � 4'-6- OF ACI 301 AND ACI318. u L—=-j 7 6'-6" 2) THIS FOUNDATION IS DESIGNED TO CONFORM ACI 318-99 AND ANSI/ETA-222-F STANDARDS --y 2-6- O UTILIZING THE SOILS REPORT PREPARED BY FTE., INC. DATED 6-29-99. 2'-2" A COPY SHALL BE PROVIDED TO THE FOUNDATION CONTRACTOR. SOIL CONDITIONS ------ IONS THAT ____ r+ DIFFER FROM THOSE DESCRIBED IN THE REPORT SHALL BE BROUGHT TO THE ATTENTION 3 TYP OF THE RESIDENT ENGINEER/INSPECTOR. ALL COMMENTS OR RECOMMENDATIONS REGARDING CONSTRUCTION TESTING OR CONSTRUCTION MONITORING SHALL BE STRICTLY FOLLOWED. 24_ _1 3 TU ALL CONCRETE SHALL BE 3000 PSI AT 28 DAYS. CYLINDERS SHALL BE PROPERLY CAST WITH COPIES OF THE TEST REPORTS GOING TO THE RESIDENT ENGINEER/INSPECTOR. CD D 4) ALL ADMIXTURES MUST BE ADDED SEPARATELY INTO FRESH CONCRETE AND SUFFICIENTLY MIXED. A NON-CORROSIVE CONCRETE SET ACCELERATE MAY BE UTILIZED IN COMPLIANCE Complete Manufacturer WITH ASTM 494 TYPE C. A WATER REDUCING ADMIXTURE MAY BE UTILIZED IN Of CENTRAL TOWER INC. �►� COMPLIANCE WITH ASTM 494 TYPE A. Communication Towers 2855 HWY 261 NEWBURGIL WDLANA 4763D (8IZA53-M CO 5) ALL BACKFILL SHALL BE PLACED IN 8 INCH LIFTS AND COMPACTED TO A MINIMUM OF REVISIONS BY 7TT1E 3 95 PERCENT OF THE STANDARD PROCTOR MAXIMUM DRY DENSITY AS MEASURED BY GUYED TOWER BASE FOUNDATION DESIGN ASTM D-698 UNLESS MORE STRINGENT COMPACTION IS REQUIRED BY THE SOIL REPORT. COUNW:BARNSTABLE, MA. T� PINNACLE TOWERS PR -NO- GT782 A 6) MINIMUM CONCRETE COVER SHALL BE 3 INCHES UNLESS OTHERWISE NOTED. DESIGNMBY: C.C. DRAWN BY: A.J.H. F BY: 7) CROWN TOP OF PIER FOR DRAINAGE AND CHAMFEP, ALL EXPOSED CONCRETE EDGES 1 INCH. DATE 10-17-01 SCUE NO WQ4GN0 i DLSKNo: Gr 78z "A1dE GT-782-F1 —782—F1 a AJrACC AJFACE rACr! fACC I TA 7 FA 2 0 fICC 1 01 rACE I LACE I BASE SECTION DETAIL TYPICAL SECTION DETAIL MID GUYED SECTION DETAIL 60• I �60• I �60•1 ` III I I XE:,,, TOP GIRT /1P. TOP GIRr TOP GMT DIAGONAL x ryp. r iOP, Yr00(r tr Borrow Top,YlDOif,tr Borrow 2 X 7 X 3j16 ANGLE 1 X I X!/16 ANG(r FOP,Y10aE &Borrow ON FACE I ONLr ON(ACE 1 OWLI 1 X 7 X lfl6 AMGLr ON rACC I ONLr I x I I IO' 10' 10' C II".70.7 -�\ OLAGONAL DIAGONAL 2',T• ) 16". 15 GRWNDING _ NO WTH E HOLE S/16" TIP. S/16• TYP. IrP. Pr BA�S c Borrow GMT Borrow GIRT Pryor 3/8" ! JB-1/7' 38-1/2' 1/1",."PL I!-1/A"TrP. �. TrP. I I 24'A X I"Pt L-A-1/7" too ve.Or tap.war.A Knw Homp"IAL PARIJ:8P211e73-200 rAa L Drat 2•X 2•i 3/t6• rLANGC DETAIL GUY AnICHYENT WELD OCTaI( 5/8•A oau.2 Putts S'- 100'CLCV. �\ . 7/8•ooaL-A HOLES(OUALLr SPACIO eP L ON A 7-1/2".B.C.Top 3/.•.A-323 Boers - Gm LA, � 20 -3/E" NOTES: + 1) SEE DRAWING CT-782-2 FOR LEG & INNER MEMBER SIZES. c0L U� \ / AnsR wtwgp 2) DOUBLE C 1 X I X 118 CHANNEL HORIZONTALS REQUIRED ON FACES trc al,1wCI[R. r/a' 2 & J FOR FEEDLINES rROM 0' - TOP. rLANGE DETAIL Complete Manufacturer 220'- 770' J88'CLCV. ' \ or CENTRAL TOWER INC. 7-r/2'p X 3/A'f r Communication Towers ZBaSHWY. ZGI NEWBURGH.INDIANA �1630 1812F853-0723 ruNc[ »rLo OETaH REVISIONS BY TT� 7/8•LL�I HOLES EOUAUrSPACra �. 6000 SERIES SECTION DESIGNS 4L[C off.s-r/Y r e.c.roB 3/A'..-37s Bars t/75rtE BARNSTABLE, MA. FOR:PINNACLE TOWERS, INC .NO:GT-782 �nm DESIGNED BY: DRAWNBY: APP.BY:B.K.A. A.J.H.DAiE: $-23-00 NAME N� DRAWING NO a.yrrzP. r/a' DISK NO: GT#782 15CALE. GT-782-3 GT-782-3 C12 X 20.7 CHANNEL TOP VIEW OF TOP. MIDDLE. rt TOP HORIZONTAL 47.5483" INTERNAL FACE I ONLY 11.8871^ i Z- x 2- x 3/16- 23.7741" TYPICAL FACE 3 _ FACE Z TOP PL DETIAL MC13 X 50 CHANNEL S/8'71 DRILL. 2 PLACES 2-1/2" 50 KSI PL 2.7500" TYP EXTERNAL 112 (cut length) 6.3871" TYP 1.4040" 30* 120.5890" 1.4375" t 1 l 1.4040" 2.2245" -J 2.7500" I 20-3/a' 41.1780" } \ 00.8750" TYP TYPICAL 20.5890" ; 1.4375" 1.3750" - t CUT LENGTH 11.8871" TYP FACE I 2.2621" 2.2621" 2-1/2" TOP PLATE 2.7500" 2-I/2" � 60" SEE TOP PLATE DETAIL 2.7500" TYP 23.7741" � I 13" 23.7741" 28-1/4" II 18.6756 CUTLENGTH �- 2.7500" TYP 1/2 CUTLENGTH 29" TYP STARMOUNT PF� TAB 2 7500" TYP 1.3750" I�1.5045" 2-3/4" TYP-TYP. 8' 48.77 i 1 MC13 X EXTERNAL ! 2.2245" 29" TYP I //� 'll 6.3871" CHANNELL (3)-REO'D JT -- ---- 2" ¢0.8750" TYP 4-1/8" 00.8750" TYP 18" I y j 02 X 20.7 INTERNAL 7-3 4" I CHANNEL (3)-REO'D I I L 4-1/z" TOP & MIDDLE HORIZONTAL GUY ATTACHMENT WELD DETAIL FACE 1 DIAGONAL \ FLANGE DETAIL % TYP' IIJ 120' - 388' ELEV. FLANGE WELD DETAIL TYP. 7-1/2' .r 3/4'R al/2 ' 60' BO' 7/8-DRILL. A HOLES EOUALLY SPACED ` ON A 5-1/2-0 B.C. TOR 3/4'0 A-325 BOLTS ` >4=S=eeC\h�arI GUY EAR GRIND FLUSH TY + TOP SUF.FrCE SHOULD BE / INNER MEMBER/ GROU ND FAT FOR CHANNEL TO REST ON I/2 BEYEL 7'+ 2'+ 3/8'GUSSETS kE0'0. L A 380'MET EICV. ONLY. CENTRAL TOWER INC. LCG DIAMETER + 1/8' I Complete Manufacturer S' ��': 1-I/�'TAB Of Communication Towers 29M HWY. 261 NEWBURGH.INDIANA 47630 1812H853-0723 NOTES: m TMFLEG REVISIONS BY T"'E 6000 SERIES SECTION DESIGNS /t'm. SRE PDR: PRO3.N0: I) SEE DRAWING GT-781-2 FOR LEG & INNER MEMBER SIZES. BARNSTABLE, MA. PINNACLE TOWERS, INC GT-782 DESIGNED BY: B.K.A. I DRAWN BY: A.J.H. APP.BY, 2) DOUBLE C 1 X E X 1/8 CHANNEL HORIZONTALS REOUIREO ON FACES DATE 8-23-00 NAME: NO DRAWING a 1 & 3 FOR FEEDLINES FROM 0' - TOP. DISK NO: GT#782 ISCALE' GT-782-4 GT-782-4 41„ 2 42„ 25 4 8 41" �� 3/4" x 3/4" CHAMFER 4" 2 I 1 , 54.96' 4" x 4" x 1/2" GUSSET \� 44.38' R25„ � 013„ I 8 4 17$„ 191„ $ . 59„ 2g„ 864 4 7" 10„ 8—' I � i j 1-3/4" l 35" I 3/4" x 3/4" CHAMFER �4"� �>{� 4" X 10" X 1/2" GUSSET T i i 22" 8„ 1„ 5„ 6„ 6,> 5„ I 3/4" x 3/4" CHAMFER 4"� ll 3" 4" X 15" X 1/2" GUSSET NOTES: 9" 1) SOME DETAIL HAS BEEN OMITTED FOR CLARITY OF ILLUSTRATION 1—1/4' 1 I 1 5" 2) ALL MATERIAL IS ASTM A-572 GRADE 50 (FY >— 50 ksi) 3) (3)—ANCHOR ASSEMBLIES REQUIRED. 3" Complete hfanufacturer or CENTRAL TOWER, INC. 1 . CommumcalionTowers 2S55HWY.261 AEWBL'RGH.INDIANA 4 63D (812F853—i REVISIONS BY ""E INNER ANCHOR ASSEMBLY 3" 6" 6" 6" 3" 1-1/2"0 TYP srm- BARNSTABLE, MA. FOR:PINNACLE TOWERS INC. PRO).N0: GT-782 1 DESIGNED BY: A.J.H. DRAWN BY: A.J.H. APP.BY: r s 24„ I DATE vt- 8-24-00 LE-- NO DRAWING ND: DISK ND: GTR782 NAME GT-782-8 GT782-8 28" R316 3 " 42 1 316 4" " 1+ 42 I 3/4" x 3/4" CHAMFER 2 4 X 4 X 14" 41' 2 " " /2" GUSSET 2 41>� 1„ \ 4 021 5„ 1 25' � 3 3 „ t 012„ 2216" S n 16 013++ 2416 4 1 61.10' 021" loll 8" —� 4 '1 2„ 3/4" x 3/4" CHAMFER 1 3 j 4" X 13" X 1/2" GUSSET 4i6 12' 1" 28" _ I 1„ 8" 6" 6" 6" I 1'> 1 3/4" x 3/4" CHAMFER 4" 3" 4" X 12" X 1/2" GUSSET NOTES: 9" 1) SOME DETAIL HAS BEEN OMITTED FOR CLARITY OF ILLUSTRATION 2) ALL MATERIAL IS ASTM A-572 GRADE 50 (FY_ 50 ksi) � I 3) (3)-ANCHOR ASSEMBLIES REQUIRED. or 3" Complctc Monufnc�urcr CENTRAL TOWER, INC. ' M IS 3" I'1/2"0 TYP T� Communication Towers OUTER I I'ANCHOR UI 4 1 A SIS E M B LY REVISIONS BY 6" 6" 6" I 6 SRE BARNSTABLE, MA. FOR:PINNACLE TOWERS INC. PRDI.NQ GT-782 DPSIGNTDBY: A.J.H. I DRAWN BY: A.J.H. APP.BY: 30'+ DATE 6-14-00 SCSI F• NO DRAHTNG Na. DISf;No GT#782 NAME GT-782-9 I GT782-9 T-MOUNT HANGER FOR 1-5/8 FEEDLINES AT 120', 144', & 8 LINES. FROM 14'-73'. T-MOUNT HANGER— 0000000 .J l Jl Jl Jl J0000 FOR FEEDLINES TO 134' ELEV. _ �J�JIJ lJ�J o _o ? i, o---•o M r " 00000000 00000000 O°° Q�Q 0 FEEDLINES EQUALLY DISTRUBITED ON TOWER FACE O °° 0 00 FEEDLINES EQUALLY DISTRUBITED ON TOWER FACE TO TOP OF TOWER O ° ° O TO TOP OF TOWER 4" 0 O° 0 °0 4., 0 0 0 0 0 0 0 O ° 0 0 0 o° o° °° °o o° ° ° 0 , O 0 ° ( ° 0 0 00 00 °° I °° 00 CENTER TO CENTER ON THE 00 00 0 0 O O HOLES WHEN MOUNTING 1-5/8 oO 0° FEEDLINES TO ALTERNATE BETWEEN HOLES. 00 �0 O 0 0 ° O 0 °`• o o 0 -!- L- CLIMBING LADDER O 00 0 `6-1/8" CLIMBING LADDER BRACKET T-MOUNT HANGER FOR 1-5/8 FEEDLINES �0 0 AT 175', 200', & 7 LINES AT 100' & 132'. 0 000 00 o Complete Manufacturer of CENTRAL TOWER, INC. t Communication Towers 28M HWY. 261 NEWBURGH.INDIANA 47630 (612)•853-M REVISIONS BY ""E FEEDLINE DISTRIBUTION 51TE BARNSTABLE, MA. FOR: PINNICALE TOWER PRO1.No' B00577 DESIGNED BY: R.E.H. DRAWNBY: A.J.H. APP.BY: Ll— DATE $-21-00 SCALE NO DRAWING NO: DISRND: 13#00577 NAME GT-782-CDC GT-782-CDC 12-15/16" SECURING PLATE 10-15/16" 6 REQUIRED 7/8" 0 x 3" A-325 BOLTS ARE 8-15/16" USED TO SECURE STARMOUNT FACE 1" PLATE ASSEMBLY TO SECURING PLATES 6-15/16" TOWER I 2" i" x 8" x 10" REINFORCING PLATE IS WELDED TO BACK OF j CHANNEL SEE GT-782-STD 7/8" 0 x 3-i/2" C-C x 6" ISL \ i-3/4" A36 U-BOLTS ARE USED TO SECURE + I STARMOUNT FACE ASSEMBLIES TO j 1-3/4" 8-5/8- TOWER LEGS + I 2" TYP. \ 1-3/4" \ I 1-3/8" Y 3-15/32"L 1" 0 DRILL, TYP. 31' GUY EAR 13" TYP 6 REQUIRED 8" I 12-1/8" GUY EAR C 10" x 15.3 - CUT LG. = 126-1/2" SEE GT-782-STD 1" 0 TYP. Z 5 1 3 2 1-5/16" 0 HOLE SECURING j"'— PLATE - PLATES �TYP L— NOTES: 15" 1) ALL WELD IS 3/8" FILLET. 5' 1" x 6" x 6" E 6-5/8" / Complde Manufacturer CENTRAL TOWER, INC. 4" x 4" x 3 8'� AnDle Iron � or � 66-1/4" Long Communimion Towem 2M HWY.261 NEN'BURGK I`1DIANA 4763D IS12FB53-0595 �E \ REVISIONS BY T„,F STARMOUNT DESIGN x 6" x 12" P SITE BARSTABLE, MA. PRO1.No-- GT-782 `-C 10" x 15.3 SEE GT-782-STD DESIGNEDBY: W.Z. DRANTJBI': A.J.H. APP.BY: K/ 18 DATE 8-23-00 ISCALE. NO DRAWING No: DISK No: GT#782 NAME GT-782-STR GT-782-STR eas $¢� �1-3/16" t 13" TYP 4" 2ll GUY EAR 1" 0 TYP. e e e 2"J 61-1/2" 32" 61-1/2" 126-1/2" UPPER SUPPORT DETAIL (3)-REQ'D. 18' 3-1/2" r 6" 1" x 6" x 12" PL 2-1/4" 1 2-1/4"� —o 0 16" C 10" x 15.3 (18" LENGTH) e e �- 0 2" 2 e e I 2"J e a 10., 2" 2" © m + 2"2" 2" 2,. 2 2" 1 1" PL 3z 1" 0 1" 0 REINFORCING PL DETAIL (6)-REO'D. LOWER SUPPORT DETAIL (3)-REO'D. Complete Manufaceurer Of CENTRAL TOWER, INC. I Communicalio To-cm MHW'Y.261 NEWBURGH.INDIANA 476V 18121-B5-k0.— REVISIONS BY 7i"L, STARMOUNT DETAILS srrE BARSTABLE, MA. PRO"O: GT-784 DESIGNEDBY: W.Z. DRAWN BY: A.J.H. APP.BY: D•' 8-23-00 SCALE NO DRAWING NO. D1sR�NO, GT#784 NAME GT-782-STD GT-782-STD — — 7A 22-1/8" - I 20-3/8" _ 18-1/8" - 7/8" 1-1/8" 1-1/8" 7/8" 7/16" x 1" SLOTS TOP VIEW I—� TYP. a Pt1+cEs SIDE VIEW —11 I - - -- -------......-----._._..------------------ ----- -- + i --- — ----------- ---- — ' fi 7/16" 0 DRILL, TYP. 4 PLACES Iii I j r 1-7/8.. TYP. 1/4„ I 5/8" 0 DRILL, 2-5/8" 10" TYP. 6 PLACES I t!} 1-1/2" .� 1-1/2" 2" x 2" x 1/4" ANGLE 3/4" 1/2" 0 x 1-1/2" A325 BOLTS ARE USED TO 11/16" 0 TYP 9-7/8" TYP SECURE BRACKET TO TOWER HORIZONTAL LIGHTING CONDUIT IF REQUIRED + + 1-1/8" — — — — — — — — — —— — — — —— —— —— — — INSTALLATION CLIMBING LADDER IS SECURED TO BRACKET - —WITH 3/8" 0 x 1-1/2" x 2-1/4" U-BOLTS 1-3/16" 1-3/16" i li I F 2-3/8" I �' — — SECTION VIEW A-A I Complete Manufacturer CENTRAL TOWER, INC. ------------ Of --�,\1_4 CommunicatwnTowcrs 2555HW1'.261 NEN'BURCH,INDIANA 17630 1612F853-D.i95 { HORIZONTAL REVISIONS BY Try CLIMBING LADDER BRACKET LIGHTING CONDUIT SRE AS REQUIRED FOR: AS REQUIRED MO1.N0: AS REO'D CLIMBING LADDER IF REQUIRED DFSIG BY: R.E.H. DRAWNBv: R.E.H. 'PP BY: DATE 4-28-94 SCAIE NO DRAWING NO. DISK NO: L #1 NAME LA34M LA34M PART INFORMATION PART NO. "LENGTH" "LENGTH" — LA—S-02M 2' 6" 12" TYP. LA—S-03M 3' LA—S-04M 4' ✓r LA—S-05M 5' LA—S-06M 6' LA—S-07M 7' 16" LA—S-08M 8' LA—S-09M 9' ✓^� LA—S—IOM 10' LA—S-11M 11' 3/4" SCH 40 PIPE LA—S-12M 12' LA—S-13M 13' 3/4" 0 SOLID ROUND LA—S-14M 14' LA—S-15M 15' LA—S-16M 16' LA—S-17M 17' LA—S-18M 18' 3" LA—S-19M 19' EI /2" — LA—S-20M 20' NOTE: LADDERS WELDED TO INSIDE OF WELDED TOWER SECTIONS DO NOT REQUIRE SOCKETS. 1-1/4" SCH 80 PIPE Complete Manufacturer Of CENTRAL TOWER, INC. Communication Towers 2SS511WY. 261 NEWBURGR INDIANA 47&V IBlb-&M-0SE1.5 REVISIONS BY 'T" CLIMBING LADDER DESIGNS SITE AS REQUIRED FOR: AS REQUIRED PRO1.NO'AS REO'D DESIGNED BY: R.E.H. DRAWN BY: R.E.H. APP.BY: DATE 7-31-95 SCALE-- , NO DRAWING NO: DISK ND: L #1 NAME LAS02-20 LAS02-20 PIPE COLUUN ----- .. ....... DTW BRACKET PLATE.-SKIR y 2-SOKRE W/7/16. ATTACHMENT cc(2 PER TWLkXD RCO) GRIP M. L PRE-GAIW"IZED STEEL GP IP STRIJ If , I �E i 2!- I MDE - 0 D"O?:D 12 G" 3 Fl. - 10 FT.LENGTH 7 1 D1-eRACRE1 2 ADAPT.PLATE L W-17ER AS KC"D 2'0-31'E- '-a' 3'-C' 2'0-3/1f- es . . . . . mu.."(Ac- M TC wdw F­01(,A.Stti.) OTW SPRINc K04CER BRACKET n- INS . . . . . . . . . 4. (Trp.) Hk A PIPE CO-.UVN TYP.4 PLACES SECTION B-8 HORIZONTAL RIGID LINE BRACKET FOR SUSPENSION HANGERS ASSEMBLY DRAWING S--.-0 PsE Cow,^,- 26-3/!. 3-1/8", 4-1/16", 6-1/8", & 8-3/16" 2-1/2-SCH-0 PIPE COLUI^1-26-7/8- Gw SMIT lTR1DGC EC. E Pl-Col. SAI-3'r PLAT-. BRIDGE TO BRIDGE SEE rEEO LINE DISTRIBUTOR DIARY ATTACHMENT w FOR APPROPRIATE ADJUSTMENT. SEE ORAWM TM-8-10 FOR ALLOWABLE ADJUSTMENT. SPI r' �-ITE ------------- I N, - P�.OYLUI't R BRACKET \ER=E Ca.4 r Nan A L— SECTION A-A Ma tu Complete Of nufacrer CENTRAL TOWER, INC. NOTES: Communication To--crs L-E �-ITE 2S55 HWY. 261 NEWBURGHANDIANA 47630 (8aK,3-0595 1) INSTALLATION DETAILS SHOWN ABOVE ARE TYP. INSTALLATIONS. REVISIONS BY TM-F-' TYPICAL TRANSMISSION LINE BRIDGE INSTALLATION NOT ALL DETAILS OR AMOUNTS SHOWN MAY APPLY. SEE SHIPPING LIST FOR EXACT PARTS , HARDWARE, & OPTIONS REO'D. SrTF-. AS REO'D MR: AS REO'D IPROI-NO'-AS RE01 FOR: I IDESIGNED BY: R.E.H. DRAWN BY: R.E.H. APP.BY: DATE 2-11-97 SXC A L E- NO DRAWING Na. DISK NO: INSTALL #17 NAME T B I TB-INST F-' T -INST 10' 0-3/8" t � II �- .V90 110 ) () )0a t 01000001. nnn�rwnn r nn n� n I I '1l \r \r VI v i�VVVV VVV \NVWv i ')') �)'VYJY \� V `)IIV,,//VVv \nni )� �YJJ� 24" v 1��nn ))� vV �\V I v\rJ(i V V. Awv�v r � n VV VVVV VVV VVV Vt V VVVVVVVVVV VVl \ V \VV VV\: ! t II II GRIP STRUT DETAIL r 10' 0-3/8" 15-3/16" 22-1/2" i 22-1/2" ' 22-1/2" II 22-1/2" 15-3/16" -3/4 TYP. X 1-1/2"3/4 1-1/2 1-3/z TYF. c 0 1 v 9 4 j 3/4.. I I \1-1/2 - 1/2" 0 HOLE, 4 PLACES EACH SIDE — 7/16" x I" SLOT, 20 FLACES EACH SIDE (2 PLACES C EACH END OF GRIP STRUT) (t0 PLACES TOTAL) (8 PLACES TOTAL) NOTES: 1.) FART IS MADE FROM CATALOG NO. 103012 MATERIAL FROM GS METALS. (12 GA.) Complete Manufacturer Of CENTRAL TOWER, INC. \ Communication To-crs 255IIWY. 261 NE,IBURGH.INDIANA 47M (3I2M 21-0a95 REVISIONS BY -nT'-E 2' x 10' BRIDGE GRIP STRUT DESIGN (10' 0-3/8" x 24") SITE AS REOUIREO FOR: AS REOUIRED PROD.NO:AS REO'D DESIGNED BY: R.E.H. DRAWN BY: R.E.H. APP.BY: DATE: 5-05-97 SCALE NO DRAWING NO: DISK NO: Mount #3 NAME: TB210-12 TB210-12 PART DETAIL CHART PART DETAIL CHART PART NO. "DESCRIPTION" "LENGTH" PART NO. "DESCRIPTION" "LENGTH" P2040-63 2" SCH 40 PIPE 63" P3040-126 3" SCH 40 PIPE 126" P2040-72 2" SCH 40 PIPE 72" P3040-144 3" SCH 40 PIPE 144" P2040-84 2" SCH 40 PIPE 84" P3040-168 3" SCH 40 PIPE 168" P2040-96 2" SCH 40 PIPE 96" P3040-180 3" SCH 40 .PIPE 180" P2040-108 2" SCH 40 PIPE 108" P3040-252 3" SCH 40 PIPE 252" P2040-120 2" SCH 40 PIPE 120" P3580-126 3-1/2" SCH 80 PIPE 126" P2040-126 2" SCH 40 PIPE 126" P3580-168 3-1/2" SCH 80 PIPE 168" P2040-144 2" SCH 40 PIPE 144" P3580-180 3-1/2" SCH 80 PIPE 180" P2040-168 2" SCH 40 PIPE 168" P3580-192 3-1/2" SCH 80 PIPE 192" P2040-180 2" SCH 40 PIPE 180" P3580-204 3-1/2" SCH 80 PIPE 204" P2040-252 2" SCH 40 PIPE 252" P3580-252 3-1/2" SCH 80 PIPE 252" P2540-63 2-1/2" SCH 40 PIPE 63" P4040-63 4" SCH 40 PIPE 63" i P2540-72 2-1/2" SCH 40 PIPE 72" P4040-72 4" SCH 40 PIPE 72" P2540-84 2-1/2" SCH 40 PIPE. 84" P4040-84 4" SCH 40 PIPE 84" P2540-96 2-1/2" SCH 40 PIPE 96" P4040-96 4" SCH 40 PIPE 96" P2540-108 2-1/2" SCH 40 PIPE 108" P4040-108 4" SCH 40 PIPE 108" "LENGTH" P2540-125 2-1/2" SCH 40 PIPE 120" P4040-140 4" SCH 40 PIPE 120" P2540-126 2-1/2" SCH 40 PIPE 126" P4040-126 4" SCH 40 PIPE 126" P2540-144 2-1/2" SCH 40 PIPE 144" P4040-144 4" SCH 40 PIPE 144" P2540-168 2-1/2" SCH 40 PIPE 168" P4040-168 4" SCH 40 PIPE 168" "DESCRIPTION" P2540-180 2-1/2" SCH 40 PIPE 180" P4040-180 4" SCH 40 PIPE 180" P2540-252 2-1/2" SCH 40 PIPE 252" P4040-252 4" SCH 40 PIPE 252" P3040-63 3" SCH 40 PIPE 63" P4080-126 4" SCH 80 PIPE 126" P3040-72 3" SCH 40 PIPE 72" P4080-168 4" SCH 80 PIPE 168" P3040-84 3" SCH 40 PIPE 84" P4080-180 4" SCH 80 PIPE 180" P3040-96 3" SCH 40 PIPE 96" P4080-192 4" SCH 80 PIPE 192" 1 P3040-108 3" SCH 40 PIPE 108" P4080-204 4" SCH 80 PIPE 204" P3040-130 3" SCH 40 PIPE 120" P4080-252 4" SCH 80 PIPE 252" Comple[e Manufacturer or CENTRAL TOWER, INC. Communication Towers 2&SSIIWY.261 NER'BURGK INDIANA 47630 I6121.853-0595 REVISIONS . BY iM-L' STANDARD PIPE PARTS LIST SrIE AS REO'D FOR: AS REO'D PRO1.NO:AS REO'D DESIGNED BY: R.E.H. DRAWNBY: A.J.H. IAPP.BY: f` DATE: 4-19-00 SCAIE NO DRAWING NO: DISK NO: MOUNT#3 NAME PIPE—PT1 PIPE-PT1 I 5-1/2" �2 I -Eta 2-1/2" 1-1/2" � I _ 1/2"J 7/16" x 1" SLOTS TYP. i Complete OOfnufacwrcr CENTRAL TOWER, INC. _ Communication Towers 2855 HWY. 261 NEWBURGH.INDIANA 47&V (812l-W-0595 REVISIONS BY ""E BACKING PLATE FOR T.L.B. PIPE COLUMN- SrrE AS REQUIRED FOR: AS REQUIRED PRO1.N0: AS REO'D DESIGNED BY: R.E.H. I DRAWN BY: R.E.H. A".BY- DATE 3-29-95 SCALE NO DRAWING NO: DISK No: Mount #3 NAME TBP-210 TBP-210 2" i' I Z„ LPP , I F-3/8„ 7/16" 0 HOLE'j I Complete "°re`Of CENTRAL TOWER, INC. O� Communication Towers 2B55HWY. 261 NEWBURGH.INDIANA 47630 (812F853.0595 REVISIONS BY TM-F-' WASHER FOR THREADED ROD (T.L.B. HANGER)' SRE AS REQUIRED FOR: AS REOUIRED PRO].NO:AS REO'D DESIGNED BY: R.E.H. DRAWN BY: R.E.H. APP.BY: DATE 1-21-97 SCALE NO DRAWING NO: DISK NO: Mount #3 NA: TB22375 T822375 23-1/2" 17-1/2" (14 SPc. @ 1-1/4") 1/2" 1-3/8" 1-5/8" 11-1/4" TYP. 1-5/8" 1-3/8" 1-1/2" 3/4„ --- -- -- — — -- — ---- — — -- -- 7/16" 0 HOLE, TYP. 9 PLACES ' 3/4" 0 HOLE, TYP. 8 PLACES C 1-1/2" x 1/2" x 1/8" CHANNEL /& Complete Manufacturer Of CENTRAL TOWER, INC. Communication Towers 2&%HWY. 261 NEWBURGH•INDIANA 47630 18lZeU-0595 REVISIONS BY Tffu-' T.L.B. HANGER (7-LINE UNIVERSAL) SrrE AS REQUIRED FOR: AS REOUIRED PRO1•NO' AS REO'D DESIGNED BY: R.E.H. DRAWNBY: R.E.H. APP.BY: DATE: 1—21—97 SCALE NO DRAWING NO. DISK NO Mount #3 NAME TBH-7U TBH-7U 18" 9-3/8. I-J/16" e-11/16"� 7-2/I6" T J/8. E —�— —-—- �— ISOMETRIC VIEW 4-11/16" I TOP VIEW I" DRILL I ' � 0 8 0 12" 9-3/8" - -�----0-----i---- i 62 I ; I 9/I6" DRILL, 4 HOLES `1/2'i 1/2"CHAUTER TYP. tzxj I8-J/8" OVERALL 2-� �- 2 X 1/4 F.B 2- J I \VIEW \,,l ' " .90.01— rrP. _ 2/16" x I" SLOT 11-1/8 S_ /8" ri ri 8 PLACES FRONT u u RIGHT SIDE VIEW 1 t I/4- t/4• Fes— J/8- 1-15/16" 4-1/8" 1-15116" 8" i �mm NOTES: cm#tft CENTRAL TOWER INC. 1) PARTS ARE MADE FROM ASTM A36 MATERIAL. Of 10-cm 1) MOUNT WILL FIT 1-114" d THRU 4-1/4 Q LEGS. REVISIONS BY: TITLE:DESIGN I-18-93 R.E.H. OUTSIDE UNIVERSAL BEACON & STROBE MOUNT rDR 1-1 4" THRU 4-1 4" LEGS ROJ.NO: N A D£SICN£D BY. S.A.H. IDPAIrN en. R.E.N. APP. BY, DATE: 4-29-91 GLE: NO DRA ZINC NO. ' DISK NO. 9-STOCK if -E: BCP40M BCP40M 7/16" 0 x 2" SLOT, ` TYP. 2 PLACES 1/4" x 4" A36 FLAT BAR 3-1/4" 5/16" 0 HOLE, �{ 1-5/8" TYP. 2 PLACES 5/16" 0 x 1/2" SLOT, TYP. 2 PLACES 7/16" .0 HOLE,' TYP. 2 PLACES 4„ 2" i 13" 3" —i 5" 5" 1" 6-1/8" 6-1/8" 1" 14-1/4" BRACKET TOP VIEW ' NOTES: 1) BRACKET SUPPORTS THE FOLLOWING CONTROLLERS o. TWR A-1 , A-2/3 , & A-3/5 BRACKET INSTALLATION TOWER LEG b.� FLASH TECH : F-301, & FTB312 DUAL (E-1) 2) TWO BRACKETS REQUIRED PER CONTROLLER. U-BOLTS ARE USED TO SECURE BRACKETS TO TOWER LEG 3) BRACKET MOUNTS TO 1" O THRU 4" A LEG . ATTACH CONTROLLER TO BRACKET WITH APPROPRIATE BOLT FRONT VIEW � p'°'°�°°°'°°' Of CENTRAL TOWER INC . Communicofion Towers CONTROLLER 1-5-94 oNs E.H rlr�E: STANDARD LIGHTING CONTROLLER BRACKET 1-5-94 R.E.H. FOR: SEE NOTE #1 rAOJ. NO- N A DESIGNED BY: S.A.H. DRAWN BY: R.E.H. APP. BY: µ. DArE: 5-6-93 G NO DRAIINC NO. DISK NO. L—STOCK #1 ^""/E' LBOSM L805M • u-s-IEu AnACKIt to A A Ll-s- wirN s/ia'. u-z-1a•n.cxo TO eats NANc[P•Nat:wtln s/a'. 0000000 p-----p s/a — s-5/�'q•ttP � p p 00000 - J00000000 A �� A G 4 nAd NnAC •NctL ncv IIAIiatR . TO r; U9 lL wsN 5/6• u-tlan A - SNAP IN FEEDLINE LOCATION NANttP ANa[xt P_a4c4 4-a-la 10 Ip� MACO"1l6 • PAfA•utS 2^5-30J^ 541• ma" TYP 1^ 7^ " HANGER ANGLE SECURING BRACKET r1 I" (I)-REO'D PER T-MOUNT I 3/4^ 0 (16)-PLCS 0?9 (2)-PLCS 2-3/8^ 1-5/8"� ———— 3/4" 0 (4)-PLCS I 1" 1-1/2"= 1/8" 7/16" . 1" SLOT (4)-PLCS55- DIL �5^- 1 78" t_ � 1-3/d^ 2-1/4^ 108— I I^J �()31k D3 —��-5/16" 1 I 167. 02 8 19�^ FEEOLINE HANGER INFORMATION FOR HANGER ANGLE SECURING BRACKET I 351- PAR!NWOER LEG 517C 'D' O7 b3' No. RCO'0 NO REO'D NO RCO'D 101AC LEG 1 LEG 7 LEG 3 NO.REO'O 37j L-625700 6-1/1'- 7' 7-1/6' 9' 15/16' N/A N/A N/A N/A 1 391t^ tN575E00 5-1/1'- 6- 6-1/9' 9' 1-7/16- N/A N/A N/1 N/A 0 41�^ 0175500 1-1/1'-5' 5-1/8' 9' 1 15/16' 11/1 I M/A N/A I N/A 44A LN325100 3-1/1'- 1' 1-1/2' 9' 7-7/16' 19 Ss N/a a1 a61- LN7755M 7-1/1'-3- 3-I/8' 9 7-15/11' N/A N/A N/A N/A 48j- 1 PART IfLA-S-16 tH125200 1-1/1--7' 7-I/a' 9' !-7/16' N/A N/A N/A I N/A I 508" FEEDLINE HANGER ANGLE NOTES: 534" (2)-REO'D PER T-MOUNT ASSEBLY 541- I) HANGERS ARE TO BE SPACED EVERY 4' APP. 1) HANGERS ARE MOUNTED ON INSIDE OF TOWER, Complctc Manufacturer CENTRAL TOWER, INC. 3) SOME DETAIL HAS BEEN OMITTED FOR CLARITY OF I Of ILLUSTRATION. Communication Towers 285511WY. 261 NEWBURGR INDIANA 47630 (812}853-05915 4) TYP. 5 HANGERS PER SECTION. MOUNT FIRST HANGER REVISIONS BY TM-E T- MOUNT ASSEMBLY AT 1' FROM BOTTOM OF SECTION, THEN EVERY a' APP. 5) HANGERS ARE NOT REO'D IN THE BOTTOM I 611E BARNSTABLE, MA. FOR: PINNICALE TOWER PROT-NO­AS RE00. 6' OF TOWER. (APP.) I DESIGNFDBY: R.E.H. IDRAWN BY: A.J.H. APP.BY: 1-t- 6) T-MOUNT IS DESIGNED FOR CLEARANCE TO- 0 FLANGES d 4- ANGLES. i +DATE 8-23-00 SCALE: NO DRAWING NO: 0. STR#18 NAME TLH—S32 TLH-S32 K N I L r. . A.M. FOR - r DATE ME P.M. M �P P ONED�3 OF D _ ..�� RETURNEDz PHONE miYOUR�CQIL, .AREA CODE NUMBER EXTENSION MESSAGE s PLEASEGALL;- I�NIMUL=L \ GAfV{nM-AE70 f� SIGNED+ v IV@lSd� 48003 _ - z o. m CO i i i • •o- k "_ A a 'Sep 05 01 10: 27a James B. Mailers, AICP 863-688-5176 p. 1 FAX FROM JIM vLALLESS, A1CP WIRELESS PLANNING SERVICES LLC. TO: Peter DeMento, Building Commissioner Fax 508-790-6230 .9 OF PAGES 2 FROM: Jim Malless, AICP f� DATE: July la, 2001 RE: Condition 15 of the Pinnacle Towers Inc. and Town of Barnstable MOU Good Morning Peter: Condition 15 of the.MOU requires that Pinnacle post a bond for the removal of the new tower. Attached is the bid from EJ Sciaba for the removal of the old tower. They bid a total of$49,000-to take dowel the tower, dismantle and dispose of it. is the$49,000 adequate for the bond? Please give me a call at 863-602-8485. Thank You Jim I WIRELESS PLANNING SERVICES,James B. Malless, AICP 845 Mississippi Ave. Lakeland, FL 33801 Ph. 863-602-8485 Fax 863-688-5176 E-mail t 927jbm(&gte.net j 'Sep 05 01 10: 28a James B. Malless, RICP 863-6BB-5176 p. 2 WUG^'16-2F�91 10 1? SIC IABA E SCIABAL CO TRAC;Q"9PAG. ��. PA WY,fidC--- C(& To: Darlene Osman Pinnacle Towers hie. 301 North Cattle Road Sarasota,FL 34232 8/16/2001 aal�s-i9 p iAW 1vwbmitttre fbIIowing quote for yvus West$am MAst bIC, A (site#0236-002)drop aed Swap. 1 — ove existing Power and outer caisson foundations $19,000,00 LBber and Materials 2. Install new tower caisson foundation pef Plan $200,000.00 (CTI tower project#OT-782 dated 9-23-00) Labor and Materiuls 3. Inrtalll 6 now caisson foundation per plan included with#2 (CTI tower project 4-CT-7S2 dated&23-00) Labor and Materials t, Erect tLew 389'guy tower S50,000.00 (offload from truck-tensioning of guy wires) Labor only j S. Install ndad U994 system for new tower.ptf FAA $5,000,00 V' Labor uad.Materials(circuit materials only) 6. Dismantle and discard evisting 393'guy tower 130,000.00 . Labor Wy and Crane . 7. Cut reinaWng guy anchors below grade included with fib Labor Only 8. Landscape per plan MCI Technologies,I=dated 11-7.00) $5,000.00 Labor and Materials JAliowance due to ax:cessibitity) �ae�9��Bst►� � f3�9 000.QQ � ° 7 _OOC E I.SCiAB.A CCMOAP Y.INCORPORATEO Direct Abutters of Map 215 Parcels 15 Ext 001 .002 This list by itself does NOT constitute a certified list of abutters and is provided only as an aid to the determination of abutters. The requestor of this list is responsible for ensuring the correct notification of abutters. Owner and address data taken from Assessor's database August 27,2001. Mappar Ownerl Owner2 Address City Stat Zip Country 215002 ]LEBEL,STEVEN R&GLENDA I 754 OAK ST W QARNSTABLE IMA �2668 LI21501 (BARNSTABLE,"OWN OF(LDG) — I — AIN STREET LYANNIS MA 02601I367 M 215012 IMANNI,ROBERT L I800 OAK ST IW BARNSTABLE MA 02668 215014001 MAKI,FRANK A CRVINA F MAKI I781 OAK ST IW BARNSTABLE 1MA I02668 215015001 �AIRCOMM`017 AVON,LLC C/O PINNACLE TOWERS 1549 RINGLING BLVD SARASOTA FL 34236 I I I2 15015002 IAIRCOMM 0.F AVON LLC I - -- 376 DEERFIELD RD JAVON -- ICT- 106.001 215016001 IFROES,CCSAR I741 OAK STREET W BARNSTABLE IMA I02668 I215017 ]MASSACHUSE1 7S,COMMWLCTI-I�J E P LIC WORKS I100 CAMBRIDGE ST �BOSTON IMA 102202. 13 I215018 BARNSTABLE,TOWN OF(CN) C T? NATION COMMISSION 367 MAIN STREET JHYANNIS MA 02601 , Vo - --------- -— - - - - - - - - - - — 215019 JM ASSACHUSCTTS,COMMWL"I H OF DB Of ENVIRONMENTAL MGNT 100 CAMBRIDGE ST BOSTON MA 02202 215031 DONOVAN -MICHAEL AJR&MARY�1N 9208 BAYARD PL FAIRFAX VA 22032 _ Q _ _ I - - _ - I Thursday,September 20,2001 Pagc I of I IOAT-25-2001 14:35 C,11;BA P.01 1$Wolcott Street-PO Box 191 Readville,NSA.02137 S ' 617-833-6026 f r ACTING, FAX 617-833.6028 To:—I. From: Jlm Nose Fax: SO f?? 710 Pages: 2 Phone: ®ate: I ��2 "- 1 n rU o f 0 UrvOnt . C For Review C Please Comment 0 Please Reply 0 Please Recycle Comments: 7 c IME ° ° Town of Barnstable _ .nnxsrnaIZ ' Planning Division MASS,� 039. Thomas A.Brodrick Director Planning,Zoning and Historic Division �FDe 200 Main Street, Hyannis,Massachusetts 02601 (508)862-4785 Fax(508)862-4725 June 20, 2002 Neal J.McNamara,Esquire Holland&Knight,LLP One Financial Plaza, Suite 1800 Providence,Rhode Island 02903 Reference: Oak Street Tower Dear Mr. McNamara: In review of your proposal and the need for Zoning Board of Appeals (ZBA) modification of the existing special permit and variance (Number 1997-08 &09) issued to the above referenced site, I am identifying the following staff concerns and recommendations. The ZBA files are not up to date with the information requirements of the `Memorandum of Understanding' that issued the permit and variance. Specifically condition numbers, 5, 6 (inclusive of the annual January 15th report), 12, and 21(upon completion of the tower). It is staff s recommendation that the file should be updated and that the information requirements all be satisfied prior to a request for modification. Given that Pinnacle Towers, Inc., is the present owner,it seems the requirements of the permit and variance are their responsibility. Upon review of the `License Agreement'with Pinnacle Towers, Inc., staff questions if Paxson Communications Inc.,has the authority under the agreement to build or add to the existing building. It would be staffs recommendation that the owner,Pinnacle Towers, Inc., should - make the application for the modification given that the proposal is an improvement to real property owned by that entity. A copy of the Memorandum of Understanding that enumerates the conditions of the permit and variance is attached. Should you require any additional information or clarification please feel free to contact this office at 508-862-4685. Re pectfully: Arth P. Tr czy Principal Planner File letters—2002—L-McNarr ra-OakTower.doc C Paula K.Gordon,Paralegal,Holland&Knight,LLP,One Financial Plaza,Suite 1800,Providence,Rhode Island 02903 Pinnacle Towers,Inc.,301 N.Cattleman Rd.,Suite 300,Sarasota,FL 34232 Ruth J.Weil,Assistant Town Attorney Ron.S.Jansson,Zoning Board of Appeals Chairman Thomas Perry,{Acting Building Commissioner (Site Plan Review LETTER OF TRANSMITTAL : !.).SCIA6A 18 Vk1cod SkW•P.O.BOX 191 CONTRACTING COMPANY,INC. Readvllle_, MA 02137 . � DATE s _ `JOB NO 7 364 . 1 '•61 50 i I` FAX (617) 364-1055. ,.. _�Cy;: ..✓ TO.i ?-�• ,y,;, `^l. ATTENTION Qa-T WE ARE SENDING YOU ❑ Attached ❑ Under separate cover via the following items: ❑ Shop drawings ❑ Prints ❑ Plans ❑ Samples ❑ Specifications ❑ Copy of letter ❑.:Change order / P12VV' r T � 'c/J4-T/dn� COPIES DATE NO. DESCRIPTION THESE ARE TRANSMITTED as chocked below: U For approval ❑ Approved as submitted U Resubmit copies for approval ❑ For your use ❑ Approved as noted ❑ Submit copies for distribution ❑ As requested q ❑ Returned for corrections Cl Return corrected prints EJ For review and comment ❑ ❑ FORBIDS DUE CI PRINTS RETURNED AFTER LOAN TO US REMARKS COPY TO SIGNED: TOWN OF BARNSTABLE APPLICATION FOR SITE PLAN REVIEIVV . vocation 3usiness Name: -assessor's Map and Parcel Number: �i'o,o ✓� �a��=�=�s �-�� ��'� `'- �� - ���- ?roperty Address: 7a r>,;% Dwner of Property ApLcant ,tame: ��- °� /� joc•-t ��.r Name: Address: 30 l s✓j� p..- oa. ,a� ��,�'Z sv Address: Telephone: 9`�r 3�'6r'- �f` x� Telephone FAX Attorney Engineer, --� Name: Name: T �`��%:�:c. �.% 1�.:-, 1'�l. �. Name: • 1; :mac �' �Address: Address: iG��o i-,/";��;/U:�:/ /7�..y�... ,/�.> . . Telephone: o o Telephone: i/ FAX. Storage Tanks Zoning Classification Existing A//4' Proposed /cam/ District . Number Number Groundwater Overlay fry Size Size Sewage Daily.Flow Above Ground Above Ground Lot Area - Underground Underground Fire District Contents Contents Number of Buildings` Existing ' Proposed yin Demolition Utilities Sewer-❑Public ❑Private : � Total Floor area By Use Water- ❑Public ❑ Private �1� Residential / YS' Electrical - Aerial ❑ Underground E� �y ���, r Office —' Gas - ❑ Natural Fl-fropane Medical Office -' Commercial Parking Spaces Curb Cuts J Wholesale Required 7 Existing ' Institutional -- Provided L Proposed Industrial On-Site �, To Close -- (Specify Use) 3S� Off-Site _ Totals Handica ed — All Other Uses On Site&&`e,r..•/��c-•� r J�! - G as .� �.. CENTRAL GUYED TOWER DESIGN CRITERIA TOWER A Dielectric Company To: E.J. Sciaba Contracting Re: Guyed Tower Design Criteria Site: Barnstable, MA. All Central Tower guyed structures are designed per EIA-222-F-1996 Standard which uses the same basic wind speed map developed by ASCE 7-95 Standard. The wind speed is calculated at the minimum height of 33 ft. above ground level and it gets larger as the height increases. However, EIA-222-F-1996 Standard employs different values of coefficients such as gust response factor, exposure, solidity ratio, structure forces of flat or round structural components and linear or discrete appurtenance. When all the factors are combined together to form the final wind force at a tower, it is always conservative in comparison to the other structure designs. All the tower steel members have a minimum safety factor of 1.67 or 1.25 with 1/3 increase in allowable stresses. The basic wind speed per EIA-222-F-1996 Standard corresponds to an annual probability of 0.02 (50-year recurrence interval). We have been designing communications towers since 1985, with our licensed P.E. Affiliate, Mr. Chi S. Lee,having tower design experience dating back to 1976. Since those dates, we have not heard of guyed tower failure based on the design of the required wind speed per EIA-222-F-1996 Standard. Since the wind load is always the controlling factor of a tower design, a communications guyed tower will meet the seismic design requirements of the severest case, namely, Seismic Zone 4 per UBC and other National Building Codes. If you have any questions, please feel free to contact us. �6l M,"5S(,O;n C'WIIfS D'5/d l 2855 Highway 261 •Newburgh, IN 47630•Phone 812-853-0595•800-664-8222•Fax 812-853-6652•www.centraltower.com Construction Services•3266 Tower Drive•Newburgh, IN 47630•Phone 812-858-8287•Fax 812-858-8843•www.ryanconstruction.net Application to ®rb Ring'g 30igbbjap Regionat 30igtor%c Migtrfct Committee In the Town of Barnstable 2 0 0• 2 1 2 CERTIFICATE OF AP PROP RIATENESS' °:1 c: 0.1 Application is hereby made, with four complete sets, for the issuance of a Certificate of Appropriateness under Section 6 of Chapter 470, Acts and Resolves of Massachusetts, 1973, for proposed work as described below and on plans, drawings, or photographs accompanying this application for: CHECK CATEGORIES THAT APPLY: 1. Exterior building construction: ❑ New ❑ Addition ❑ Alteration �,/ Indicate type of building: ❑ House El Garage ❑ Commercial 93 Other 3FP-woo1 2. Exterior Painting: ❑ 3. Signs or Billboards: ❑ New Sign ❑ Existing Sign ❑ Repainting Existing Sign 4. Structure: ❑ Fence ❑ Wall ❑ Flagpole ['Other 7 S-k- To,caa,� l-•-c./ TYPE OR PRINT LEGIBLY: DATE !F /ZD/zoo/ ADDRESS OF PROPOSED WORK /mil cC G�x�r �g 88-.r'7 ASSESSOR'S MAP NO. �l O/j- dCaZ. OWNER �-H�0 /c Tome.-s �jt'rrt ��.-� of ��:,� ASSESSOR'S LOT NO.eiS. le->Jr ' HOME ADDRESS �i /� G�f//�` f�� E 3G� �G/GI'lYJ�4 F/ TELEPHONE NO. Rek- .T 11Z J L FULL NAMES AND ADDRESSES OF ABUTTING OWNERS, including those of adjacent property owners across any public street or way. (Attach additional sheet if necessary.) AGENT OR CONTRACTOR -✓�� / s �/E rr TELEPHONE NO. -���-�4��5 ADDRESS �Y-S' /`'"'• rr�sr�/J/�j �v� Le-Ir 6 4. 31 / DESCRIPTION OF PROPOSED WORK: Give particulars of work to be done, including materials to be used. Please include locations of proposed signs. /1 /rloe� o� f�E� /L6w ���r !.✓ l� iJ� Glo o�� !�Q �^� Signed Owner-Contractor-Agen — r� r= n n n or Commiee 11J ttsec"O"nly� i;� I _d 1- J t, l 0 Zn�1 his Certificate is hereby Date 6 SEP / i 1 Approved/De ied Committee Memb ' Si gnat es: 3 J f Town of Barnstable ' Old King's Highway Historic District Committee / SPEC SHEET 007 FOUNDATION SIDING TYPE COLOR CHIMNEY TYPE /L114 COLOR ROOF MATERIAL ��� COLOR PITCH WINDOWS /L,4/�' COLOR SIZE TRIM COLOR DOORS COLORS SHUTTERS �v/� COLORS GUTTERS COLORS DECKS A114 TERIALS f� L 8nn ARAGE DOORS �//� E',� �-7 V G ��, �eOLORS U U! WL U1 z 0 2001 SKYLIGHTS ��� tSTZEc�n,r T COLORS ULL) is yg=RM, SIGNS /1/ COLORS „ .,,�/ 1L� FENCE `"�Mr !i✓ �G•�C� COLOR G�,IOWOI- NOTES: Fill out completely, including measurements and materials/colors to be used. Four copies of this form are required for submittal of an application, along with Four copies of the plot plan, landscape plan and elevation plans, when applicable. . SPECSHT Revised 11/98 F T Town of Barnstable Regulatory Services • antuvsrns[.e. • v nsass. Thomas F.Geiler,Director 039.QED MA'S s Building Division Elbert C Ulshoeffer,Jr. Building Commissioner 367 Main Street,Hyannis,MA 02601 Office: 508-862-4038 Fax: 508-790-6230 June 8, 2001 James B. Malless Pinnacle Towers 719 S. New York Ave. Lakeland,Fla. 33815 Re: SPR 047-01, 670 Oak St.,W.Barnstable(R215-015-001 &002) Proposal: Install new 388' tower with subsequent removal of original unit Dear Mr. Malless: Please be advised that this application was approved at the Site Plan Review hearing on June 6, 2001 with the following condition: The applicant is mandated to comply with all conditions outlined in the Memo of Understanding as drafted by the legal department of the Town of Barnstable and dated Jan. 29, 2000. In addition to this,the applicant is reminded that this approval in no way considers, accepts or recognizes the `proposed,new' property lines as represented on the final signed plan and in no way should be construed as approval of such. Consequently,the panel was advised that Pinnacle Towers is record owner of one parcel only; Air Corn was declared to be owner of the second parcel. Subsequently, it was revealed that Pinnacle purchased Air Com, thereby acquiring the second parcel. Ultimately, it was the expressed desire of this panel to merge the two parcels in order to definitively prevent the potential subdivision of this site by virtue of property transfer. The panel thanks you for your cooperation and wishes you continued success. ncerely, Robin C. Giangregorio SPR Coordinator Q:B 1dg\siteplan\2001\pinnacle OCT-25-2001 14:36 OCtaBA P.02 GUTED T®wER DEBT/`�V �(y CENTRAL CA4 j I TG IUA To WER A Velectaic CornpcW To: E,J. Sciaba Csintracting Re: Guyed Tower Design Criteria Site: Barnstable,MA. All Central Tower guyed sttuctures are designed per EIA-222-1;-1996 Standard which uses the same basic wind speed map developed by ASCE 7-95 Standard. The wind speed is calculates: at the rainimurn height of 33 ft. above ground level and it gets larger as the neigh: increases However, EIA•222-F-1996 Standard . employs different values of coefficients such as gust response factor, exposure, solidity ratio, structure forces of flat or round structural componcnts and linear or discrete appurtenance. When all the factors are combined together to form the final wind force at a lower, it i&always conservative in comparison to the other structure designs. All the tower steel members have a minimum safety factor of 1.67 or 1,25 with 1/3 increase in allowable stresses. The basic wind speed per EIA-222-F-1996 Standard corresponds to an annual probability of 0.02(50-year recurrence interval). We have been designing communications towers since 1985,with our licensed P.E. Affiliate,Mr. Chi S. Lee,having tower design experience dating back to 1976. Since those dates, we have not heard of guyed tower failure based on the design of the requited wind speed per EIA-222-);-1996 Standard. Since the wind load is always the controlling factor of a tower design, a communications guyed tower will meet the seismic design requirements of the severest case,namely,So;' Codes. mie Zone 4 per'UBC and other National Building If you have any questions, please feel free to contact us. 2t355 I'Ighway 261 •Newburgh,IN 4 7 630-Ptone 8 i 2.853.0596.800.66d-8222•Fax 81 Conatructfon SentCes•3266 Tower Drive•Newburgh,IN 47630•Phone 812- 2 -se43. •w.rvwco rettowercom 858.8:87.Fgx 812-858•88a3•'"'w'v.ryCncon9lri,yivn.net Zd WdSZ Tel TOM $Z 'zoo Z599ESSZTS 'ON 3NOHd 'ON! 'd3MO1--Hd1N30 WONA TOTAL P.02 2 iNOU-09-2001 11:59 SCIABA P.03 Bond Number: 1045249 AJ.Q Document A312 PERFORMANCE BOND Any singular reference to Contractor, Surety,Owner or other parry sham be considered plural where applicable. CONTRACTOR (Name and Address): SURETY(Name and Principal Place of Business): E. J. Sciaba Contracting Company, Inc. XL Specialty Insurance Company 18 Wolcott Street 100 Foxborough Blvd —FN1-02 Readville, MA 02137 Foxborough, MA 02035 Quincy, MA 02169 OBLIGEE (Name and Address): Pinnacle Towers, Inc. 301 North Cattle Road Sarasota, FL 34232 CONSTRUCTION CQNTRACT Date: ')/-Lp r'I Amount: $309,000.00 Description (Name and Location): Barnstable Site 90236-002(Oak St„West Barnstable, MA) Remove 8, Install Towers—Project*0236-002 BOND Date: (Not earlier than Construction Contract Date). Amount: $309,000.00 Modifications to this Bond: None i CONTRACTOR AS PRINCIPAL: Company: E, J. Sclatra Coptracting Company, Inc. J Signature: Na e & ' e: SURETY: Company: XL eci t Insurance Com an Signature: 'tisd� 'ZL&� '—Sus . Kedian,Attorney-in- act (FOR WFORMATIOIV ONLY- Name, Address and Telephone) AGENT or BROKER: OWNER'S REPRESENTATIVE(Architect, Engineer AON RISK SERVICES OF MASSACHUSETTS or other party): 99 High Street Boston, MA 02110 (617)482-3100 NOV-09-2001 11:59 5C I RBa P.OBI t. The Contractor and the Surety,lointiy and severalty.WO themselves.tneir heirs,executors,administrators,successors and assigns to the Owner far the performance of the Construction Contract,which-s incorporated herein by reference. 2, 11 the Contractor performs the Construction Contract,the Surely ano the Contractor shall have no obligation under this Bond,eiceot to participate in conferences as provided in Subparagraph 3.1 J. II there is no Owner Default,the Surety's obligation under this bond shall arise after 3.1 The Owner has notified the Contractor and the Surety at its address described in Paragraph 10 below that the Owner is considering declaring a Contractor Default and has requested and attempted to arrange a conference with the Contractor and the Surety to be held not later than fifteen days after receipt of such nohcC to d:scuss methods of performing the Construction Contract. If the Owner, the COntrUtor and the Surety agree,the Contractor shill be allowed a reasonable time to perform the Construction Contract,but such en agreement shall not waive the Owner's right,it any.SubSeouently to declare a Contractor Default;and 3.2 The Owner has declared a Contractor Default and formally terminated the Contractor's right to complete the contract. Such Contractor Default shall not be declared earlier than twenty days aher the Contractor and the Surety have reCeived notice as provided in Subpar;graph 3.1;and 3.3 Tile Owner has agreed to pity the Balance of the Contract Price to the Surely in accordance with the terms of the Construction Contract or to a contractor selected to perform the C0115INCtidn Contract in accordance with the terms of the Contract with the Owner. 4. When the Owner has satisfied the conditions of Paragraph 3,the Surety shall promptly and at the Surety's expense take one of the following actions* 4.1 Arrange lot the Conlrictof,with consent of the Owner,tC perform and complete the Construction Contract:or 4.2 Undertake to perform and complete the Construction Contract itself,through its agents or through independent conlraClors;or 4.3 Obtain bids or negotiated ptoposals from qualified contractors acceptable to the Owner for a contract for performance and completion of the ConstrueUOn Contract. arrange for a contract to be prepared for execution by the Owner and the Contractor selected with tnv Owner's concurrence,to be secured with perforntanco and payment bonds executed by a qualified surety equivalent to the bonds Issued on the Construction Contract,and pay to the Owner the amount of damages as described in Paragraph 6 in excess of the Balance of the Contract price incurred by the Owner resulting from the Contractor's defau4;or 4.4 Waive its right to perform and complete,arrange for completion or obtain a now contractor and with reasonable Promptness under the circumstances: ,1 After investigation,deturminu the amount for which it may uo liable to the Owner and,as soon a5 practicable after the amount is determined,tender payment therefor to the Owner,Or •2 Deny liability in whole or in part and notify the Owner citing roasons therefor, 5. If the Surety does not proceed as provided in Paragraph 4 with reasonable promptness,the Svrety shalt be deemed to be in default on this Oond liftoen days after receipt of an additional written notice from the Owner to the Surety demanding that the Surety porform,its obligations under this Bond,and the Owner shall be entitled to enfOrCO any rerttody available to the Owner. II the Surely proceeds as provided in Subparagraph 4.4, and the Owner refuses the payment tendered or the Surely has donlod!iabilily.In whole or in part, without further notice the Owner shall be anUtlod 10 enforco any remedy availoblo to thv Owner. 6. After the Owner has terminated the Contractor's right to complete the Construction Contract,and if the Surely elects to act under Subparagraph 4.1,4.2,or 4.3 above. then trio rosponsibilities of the Surety to the Owner shall not be greater than those of the Contractor under the Construction Contract,and the responsibilities of the Owner to the Surety shall not be greater than these of the Owner under the Construction Contract To the limit of the amount of this Bond.but subject to commitment by the Owner of the Balance of the Contract Price to mitigation of Costs and damages on the Construction Contract,the Surety is obligated without duplication for; 6.1 The responsibilities of the Coniraclor for correction of defective work and completion of the Construction Contract; 6.2 Additional legal,design professional and delay costs resulting from the Contractor's Default,and resulting from the actions or failure to act of the Surety under Paragraph a;and 6.3 Liquidated damages,or if no liquidated damages are specified in Ina Construction Contract,actual damages caused by delayed performance or non-performance of the Contractor. 7, The Surety shall not be liable to the Owner cr others for obligations of the Contractor that are unrelated to the Construction Contract,end the Balance of the Contract Price shalt not be reduced or set off on account of any such unrelated obligations. No right of action shall accrue on this Bond to any person or entity other than the Owner or its heirs,executors, administrators or successors. a. The Svrety hereby waives notice of any change,Including changes Of tune to the Construction Contract or to related subcontracts, purchase orders and other obligations. 2 N+OO-99-2001 12:0 1 SC I ABA P.@5 9. Any Droceeding, legal or egtutame, under this Bona may be instituted in any court of competent jurisdiction in the location in which the work or pan of the work iS located and shall be instituted within tWo years after Contractor Default or within Met years after the Contractor Ceased working or within two years after the Surety refuses or fails to perform its obligations under this Bond.whichever accu►s first. If the provisions of this Par3gr3ph are void W prohibited by law,the minimum period of limitation available to sureties as a defense in the jurisdiction or the suit Shall be applicable 10. Notice to the Surety,the Owner or the Contractor shall be mailed or delivered to the address shown on the signature page, 11. When this Bond has been lurnished to comply with a statutory or other legal requirement in the location where the construction was to be performed.any provision in this 8nnd conlhcting with sairi statutory or legal reruirement shall be deemed deleted hemirom ana provisions conforming to such statutory rr other legal"vifemenl shall be deemed wcorprraled herein The intent is that this Bond shall be cr®strued as a statutory bond ind not as a common law bond. 12. DEFINITIONS 12.1 Ealance of the Contract Price: The total amount pavable by lne Owner to the Contractor under the Construction Contract after III proper adiuslments have been made,including allowance to the Contractor of any amounts received or to be received by the Owner in settlement of insuranco or other claims for damages to which the Contractor is entitled.reduced by all valid and proper payments made to or on behalf of the Contractor under the Construction Contract. 12.2 Constrvctior,Contract The agreement between the Owner and the Contractor identified on the signature page,including all Contract Documents and changes thereto, 12.3 Contractor Cerauh:Failure of the Contractor,which has neither been remedied nor waived,to perform or otherwise to comply with the terms of the Construction Contract. 12.4 Owner Default: Failure of the Owner,which has neither been remedied nor waived to pay the Contractor as required by the Crnstruction Contract or to perform and complete or comply with the other terms thereof. MODIFICATIONS TO THIS BOND ARE AS FOLLOWS: (Space is provided below for additional signatures of added parties, other than those appearing of the cover page.) 9 ) CONTRACTOR AS PRINCIPAL SURETY Company: Company: Signature: Signature: Name and Title: Name and Title: Address: Address: 3 I NOO-09-2001 12:00 sc IFiBR P.Oh Bond Number: 1045249 AiA Document A312 PAYMENT BOND Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable. CONTRACTOR (Name and Address): SURETY(Name and Principal Place of Business): E.J.Sciaba Contracting Company, Inc. XL Specialty Insurance Company 18 Wolcott Street 100 Foxborough Blvd-FN1-02 Readville,MA 02137 Foxborough, MA 02035 OBLIGEE (Name and Address): Pinnacle Towers, Inc. 301 North Cattle Road Sarasota, FL 34232 CONSTRUCTION CO(`1TRACT Date: `7/2­/ 0/ Amount: $309,000.00 Description (Name and Location): Barnstable Site#0236-002 (Oak St.,West Barnstable, MA) Remove& Install Towers -Project#0236-002 BOND Date: (Not earlier than Construction Contract Date): Amount: $309,000.00 Modifications to this Bond: None CONTRACTOR AS PRINCIPAL: Company: E,J. SCIAlba,-GOntrarAing Company. Inc. Signature: i Nam t e: SURETY; Company: XL Specialty Insurance Company Signature: , -1A /Al &:dl-it) san M. Kedizn Attorney-i -Fac (FOR INFORMANTION ONLY-Name, Address and Telephone) AGENT OR BROKER: OWNER'S REPRESENTATIVE(Architect, Engineer or ether party): Aon Risk Services of Massachusetts 99 High Street Boston, MA 02110 (617)482-3100 • I 4 NOV-09-2001 12;00 SCIABA G,07 1. The Contractor and the Surety,jointly and severalty.bind themselves.their heirs,executors,administrators,successors and assigns to • the Owner to Pay for labor,materials and equipment furnished for use in the performance of the Construction Contract which is incorporated herein by reference. 2. With respect to the Owner,this obligatlon shali be null and void if the Contractor; 2.1 Promptly makes payment.directly ci indirectly,foi all sums due Claimants,and 2.2 Cefends,indemnifies,and holds harmless the Owner from claims,demands,liens or suits by any person or entity whose claim, demand,lien Or suit is for the payment for labor.materials or equipment furnished for use in the performance of the Construction Contract, provided the Owner has promptly notified the Contractor and the Surety(at the address described in Paragraph 12)of any claims, demands,liens or suits and tendered defense of such claims,demands.liens or suits to the Contractor and the Surely, and provided there is no Owner Default. 3. With respect to Claimants,this ooligation shall be null and void if the Contractor promptly makes payment,directly or indirectly,for all sums due. 4. The Surety shall have no obligation to Claimants uncle,this Bond until: 4.1 Claimants who are employed by or have a direct contract with the Contractor have given notice to the Surety(at the address described in Paragraph 12)and sent a copy,or notice thereof,to the Owner,staling that a claim is being made under this Bond and,with substantial accuracy,the amount of the claim, 4.2 Claimants who do not have a dlrecl contract with the Contractor: .1 Have furmstleci written notice to the Contractor and sent a copy,or notice thereof,to the Owner,within 90 days after having last performed labor or last furnished materials or equipment included in the claim staling,wiln substantial accuracy,the amount of the claim and the name of the party to whom the materials were furnished or supotied or for whom the labor was done or performed;and .2 Have either received a rejection in whole or in part from the Contractor,or not received within 30 days of furnishing the above notice any communication from the Contractor by which the Contractor has indicated the claim will be paid directly or indirectly;and .3 Not having been paid within the above 30 days,have sent a written notice to the Surety(at the address described in Paragraph 12)and sent a copy,or notice thereof, to the Owner,staling that a claim is being made under this Bond and enclosing a copy of the previous written notice furnished to the Contractor. $, If a notice required by Paragraph 4 is given by the Owner to the Contractor or to the Surety,that is sufficient compliance, 6. When the Claimant has satisfied the conditions of paragraph 4, the Surety shall promptly and at the Surely's expense take the following actions: 6.1 Send an answer to the Claimant,with a copy to the Owner,within 45 days after receipt of the claim,staling the amounts that are undisputed and the basis for challenging any amounts(hat are disputed. 6.2 Pay or arrange for payment of any undisputed amounts, 7, The Surety's total obligation shall not exceed the amount of this Bond,and the amount cf this Bond shall be credited for any payments made in good faith by the Surety. 9. Amounts owed by the Owner to the Contractor under the Construction Contract shall be used for the performance of the Construction Contract and to satisfy claims,if any, under any Construction Performance Bond, By the Contractor furnishing and the Owner accepting this Bond, they agree that all!unds earned by the Contractor in the performance of the C015tevotion Contract are dedicated to satisfy obligations of the Contractor and the Surety under this Bond,subject to the Owner's priority to use the funds for the completion of the work. 9. The Surety shall not be liable to the Owner,Claimants or others for obligations of the Contractor that are unrelated to the Construction Contract. The Owner shall not be liable to payment of any costs or expenses of any Claimant under this Bond.and shall have under this Bond no obligations to make payments to,give notices on behalf of,or otherwise have obligations to Claimants under this Bond. 10. The Surety hereby waives notice of any change,including changes of time,to the Construction Contract or to related subcontracts, purchase orders and other obligations. 11. No suit or action shall be commenced by a Claimant under this Bond other than in a court of competent jurisdiction in the IoeatlOn in which the work or part of the work is located or after the expiration of one year from the date(1)on which the Claimant gave the notice required by Subparagraph 4.1 or Clause 4.2,3,or(2)on which the lest labor or service was performed by anyone Or the last materials or equipment were furnished by anyone under the Construction Contract,whichever of(1)or(2)first Occurs. if the provisions of this Paragraph are void or prohibited by law,the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. 12. Notice to the Surety,the Owner or the Contractor shall be mailed or delivered to the address shown on the signature page. Actual receipt of notice by Surely,the Owner or the Contractor,however accomplished,shall be sufficient compliance as of the date received at the address shown on the signature page. 5 NOO-99-2001 12:01 SICIABA P.09 • 13. When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be performed,any provision in this florid conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provislons conforming to such statutory or other legal requirement shall be deemed incorporated herein. The intent is that this Bond shall be construed as a statutory bond and not as a common law bond. 14. Upon request by any person or entity appearing to be a potential beneficiary of this Bond,the Contractor shall promptly furnish a copy of this Bond or shall permit a copy to be made, 1s, DEFINITIONS 15.1 Claimant: An individual or entity having a direct contract with the Contractor or with a subcontractor of the Contractor to furnish labor,materials,or equipment for use in the performance of the Contract. The intent of this Bond shall be to include without limitation in the terms"labor,materials or equipment"that part of water.gas power,light,heat,oil gasoline.telephone Service or rental equipment used in the Construction Contract,architectural and engineering services required for performance of the work of the Contractor and the COntraCtOf'S Subcontractors, and all other items for which a mechanic's lien may be asserted in the jurisdiction where the labor, materials or equipment were furnished. 15.2 Construction Contract: The agreement between the Owner and the Contractor identified on the signature page, including all Contract Docvmenrs and changes thereto. 15.5 Owner Default: Failure of the Owner,whic'i has neither been remedied nor waived,to pay the Contractor as required by the Construction Contract or to perform and complete or comply with the other terms thereof. MODIFICATIONS TO THIS BOND AREAS FOLLOWS: (Space is provided below for additional signatures of added parties, other than those appearing on the cover page.) CONTRACTOR AS PRINCIPAL SURETY Company: Company: Signature: Signature: Name and Title: Name and Title: Address: Address: - 6 NOV-09-2001 12:01 SCIaBA P;Oa U Kt 1 Y UNIAMITED POWER OF ATTORNEY KNOW ALL MEN UY THESE PRESENTS:That the XL SPECIALTY INSURANCE,COMPANY,a corporation organized and existing by vinue or the laws of the Sfatc of Illinois("Company'or"Corporation"),does hereby nominate,constitute and appoint,Jeafr M.Feeney,Michael J, Cusack,Kevin A. fhhite, Mark P. He►endeeir.Jean Brooker,Susan Af, Rediais and Nafaiie Coneys as employees of lion Risk Services,Inc. of Massachusetts, its true and lawful Atlomcy(s)•in-fact to make,execute,attest,seal and deliver for and on its behalf,as surety,and as its act and deed,where required,any and all bolds,undertakings,rccognizances and written obligations in the nature thereof,the penal sum of no one of which is in any event to exceed $UNLINUT ED. Such bonds and undertakings,when duly executed by the aforesaid Ationicy(s)-in-fact shall be binding upon the said Company as fully and to ilie same extent as if such bands and undertakings were signed by the President and Secretary of the Company and seated with its corporate&cal. 'ibis Power of Attorney is granted:nil is signed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Company on the>th Jay of Dccc.nbt'r, 1988: "RES01,1VED,That the President.or any Vicc President of the Company nr ny person designated by any ono of them is hereby authorized to execute Powers of Attorney yuald'ying the attorney named in the given Power of Attorney lu execute in behalf of dtc Company,bonds,urdertukings and all contracts of suretyship, and that any Secretary or any Assistant Secretary of the Company be,and that each or any of them hereby is authorized to attest the execution of any such Power of Aaumcy,and to auach thereto the.Seal or'Il,c Company, FURTI IER RI-SOLVED,That the Signature of such officers and the Seal of the Company may be offlsed to any such Powcr of Attomey or to any certificate relating thereto by facsimile,and any such rower of Aftomcy or certificate bearing such facsimile signatures or facsimile soul shall be thercaller valid and binding upon the Company with respect to any hond,unttertaking or contract of suretyship to whicli it is attached." fjords executed under this Power,of Attorney may be cxceuiud under iacsimilc signature and scat pursuant to the following Resolution adopted by the Board of Directnrs of the Company on August 6,2001. "RESOLVED,That the signature of the President of this Company.and the seal of this Company may he affixed or printed on any and all bonds,undtvtskinps, rccognizances,or other uTiltcn obligations thurcuf,ten any revocation of any Power of Attorney,Or on any cunifieate relating thereto,by facsimile,and any Power of Ahonicy,any revnealion of any Power of Altonicy,bonds.undertakings.rccognizances,certificate of other written obligation,bearing such lacsimile sibeature or faacsimile scut shall be valid and binding upon the Corporation" IN WITNI7SS WIIERL'OF,the XL SPL'CIALTY INSURANCL.COMPANY has caused its corporate seal to be hcrcunto aflixcd,and these presents to be signed by its duly 2wborizcd officers this 6th Joy of August,2001. XI.SPECIALTY INSURANCE COMPANY //A- BY: PRESIDENT C art Sig 4 Attest: SECM.-T'ARY STATE Oh ILLtNOIS COUNTY Oh COOK ss. On this 61h day of August,2001,before me personally came Nichulus M.Brown,Jr.lu me known,who,being dviy swom,did depose and say:that he is President of the Company dcscrihed in and which executed the above instrument;that he knows the seal of:;aid Company; that the scat aflixcd to the aforesaid instrument is such corporate seal and was allixed!hereto by order and authority of the Unard of Directors 01'.9aid Connpouy;and that he exceuled the said instrument by like order and authority: E FFICIAL SEAL NCY L 5TANCiELv.+Hi>tsiou urtttca:oc•au•ea NOTARY PUDL;C STATE OF iC LiNOIS COUNTY OF COOK ss. 1,Hcn M.Llancia,Secretary of the XL SPECIALTY INSURANCE•COMPAN V a corporation of the Slate of Illinois,do hereby certify that the above and foregoing is a full,true and correct copy of Powcr of Attorney issued by said Company,and that i have compared same with the original and that it is a correct transcript therefrom and of the whole of the original and that the said Power of Altomey is still in full florcc and effect and has not been revoked. IN WI��T-+NESS 1VI11:REOlr,1 have hereunto set my hand and aflixcd the seal of said Company,at the City of Schaumburg,this t7 YN day of �'f•Gl"t•z �f ,Sc.Ptl,,� C SECRETARY TOTAL P.09 I LINE TABLE G1 N83°47' 30"W 155..00' G2 N35°49' 36"E 155.00' G3 S23 39E 155.00 CBDH L1 N87°46' 29��E 36 2' �� � lnnade Towers lnc.'9 Q . ..; 7ni,l zoo � �kx: FOUND s s 7 301 North Cattlemen Road PROPOSED TOWER DATA �.,�8//, ,, k S STONE WALL ` . Suite 300 (AS FURNISHED) �� . �� �.� n� SS6° "PROPERTY LINE FOLLOW xg AS PER ABUTTING PLAN IN BOOK 289, PAGE 37. �`����'�;����� LATITUDE 410 4a 20.10" sosr Sarasota, Florida 34232 LONGITUDE 70° 20' 47.1" � N/F FRANK A. MAKI (941) 364-8 g ,. �, 3° �!' 6 DEED BOOK 991, PAGE 418 F Sp�24 ASSESSORS MAP 215 2 F PARCEL 14-1 sr 6)o PLAN BOOK 289/37 OH FOUND DATE OF ORIGINATION • 11-07-00 43 �, EXISTING TOWER DATA �y' M 0.69, q��a DRAWN BY T.SMALL (AS FURNISHED) ,��,.'�� : p �'" �: ' ztr DH FOUND 53 07�� EXISTING CENTER OF 393+TOWER E �p,� w �rfi, tt ........ DESIGN BY T. SMALL _ 55. N86 5135E 92.73 (R) DH FOUND r LATITUDE 41°4P20.1" u. 2 ° 1.-q LONGITUDE 070 20 47.5 S89 28 44 E 91.13 (C) 57.01 BASE OF TOWER ELEVATION 126.4' OH CHECKED BY D. KROEZE , � TOP OF TOWER ELEVATION 524'± w FOUND HIGHEST APPURTENANCE FROM TOP :£ o ._► REVISIONS F R VAT 6 + t ^ a �t , O TOWER ELEVATION 55 - N13 54 25 E 53.78 (C) ... O s a` •., . - ,. .,. , ° S13 54 25 W 59.87 (R) N0. DESCRIPTION NOTE; . , .... f ,,.��. a_ N N/F z ALL ELEVATIONS BASED ON 2 O �- z DEE D BOOK 12594 PAGE 267 AD D NGVD 1929, BENCH MARK DISK � � 0 ED UPDATED SURVEY INFO. 5/3/01 �� .. ASSESSORS MAP 215 � ' NUMBER 177U. yr PARCEL 15-1 (REMAINDER OF) 134,817± S.F. 0 3 2 3.10± ACRES 3:c coN , x SHAPE FACTOR 19.17 z R i �R L.. ti AIRCOMM OF AVON aim ... PLAN REFERENCESt 4 MAY 3 0 goo J (AS"FURNISHED) A �� F °� - � 5owry r_ PLAN BOOK 324, PAGE 36 � , o, w ,. y REBAR SET m BraRNsiABi E PLAN BOOK 370, PAGE 100 S 2 47 11 W ,� . PLAN BOOK 555 PAGE 73 �STCBDH A _ 4 � 8 N'/ N22 2151 E 4 RECORDED AT THE BARNSTABLE REGISTRY30.00' OF DEEDS, BARNSTABLE VILLAGE, MASS. REBAR SET I 101.4' >k r 71°50'13"E ...D181'�-�t'E_"'��-�.SAL ANCHOR , of / (NO WIRE) } �; �. + K P� o• �• ORILLHOLE EXISTING SET -_- -_ rn -�- , F; • o, CESS POOL ' • �� d UTILITY STATEMENT EXISTING SHED / / .ANCHOR -- ' / `. ._� :-:"''`��� REBAR - IL N12°05'13"E � `,, , 3 �-.� ,�--___._--__--_.__� ENGINEER/SURVEYOR HAS NOT SOLICITED .. .} SET J. - "A-2" _ Ak LOT �° EXISTING UTILITY LOCATION INFORMATION. EXISTING 17.62 f ► _ �� TECHNOLOGIES OGIES i' CONTRACTOR SHALL BE RESPONSIBLE FOR GAZZEBO DRILLHOLE -�_S7�° , �� ' ' SET '/ •,�. S r o DETERMINING HORIZONTAL AND VERTICAL ,;.r s "` �,-� 01 EXISTING EXIST _ £ , N 6 LOCATIONS OF ALL EXISTING UTILITIES. � � I, ANCHOR _ j . �� �_ 1 CONCRETE PAD SHED* / , >, �,�..�. � � / ,. ��, ► ..� :����.-_ KCI TECHNOLOGIES, INC 1 - 10150 HIGHLAND MANOR DRIVE SUITE 120 30 MIN. oCi .v / ,x• oWELL / f _ � , TAMPA, FL 33610 ENGINEERS NOTE RONT ^i a SETBACK \ �� -. �/ ,'ro% ' -• --- j ' q ► I v ry 81 740-2300 INFORMATION SHOWN HEREON EXCEPTING NEW TOWER LOCATION, \ ` - / / _, I DRILLHOLE TAKEN ,FROM A SURVEY BY THE BSC GROUP (WEST YARMOUTH MA) REBAR - SET v N -�,... / e �t P / �� FOUND DATE 4/ F. SET \ 3 01 E osEa �L.. � / , - / D 28/99 AND UPDATED 10/27/00. KCI TECHNOLOGIES MAKES Q .� Via, _'�,� N88 4 •,•_,._._P.14.� o �t EXIST. cv , 11 N81 39 45 E r - PROPOSED GUY WIRE 1 2? BLDG. N WARRANTY T A P .. . . ... :... , ., ,.. co . 0 ARRANT 0 THE ACCURACY OF ANY INFORMATION PROVIDED , __ . � . . A ,. .. �_ ._.,� . ... � ._ (TYP. OF . . � r r, M� _. . � \ 11� _ -_: ----- -T .. � � 'PROJECT NAME BY OTHERS. :- O �-:,�� :..,,�.F�, � o . ,. tt ,t c> SEE LINE TABLE BELOW ,Y.. ... z. w S _ o , " ..,, 3 LOT A ._ P C , �� �� S54 32 47 E AR EL B � v- . . s• . t� / � "a _ / Z IRON PIPE .... , .,. . � \ AIRCOMM OF AV ON, � ♦ w f 1.:... J st rr.Xiw?. ,_ -N � 2. _... o EXISTING _ , . DEED BOOK 11147 P. . .. k.s� AGE 52 _ � BARNSTA BLE AB ` CONCRETE .� _ � . . � ASSESSORS MAP 1 dQ- R �, R.,, .,. 2 5 Nn , FLOOD ONE NOTE (AS FURNISHED) ., �� �FL Z E .. _ <v.���. sz - _ ► N `1� � I J � PAD (SEE W ._ J PARCEL\15 2 .& A PORTION OF 15 1 •- ` . 4 _ v; �/ >. . 3 ► o_ N ro. .Y + , 2 NOTE #7) _ #0236-0By r hoc Iott�n onI th�s ro ert �..� :;���:.�.. 96,181_ S.F. -. G I � f � (SITE O�� p �` + I / s n Zone C of the F 1 ood Insurance Rate , .... .21_ ACRES -�, EXISTING ► `�'Map, Community Panel No 250001 005 C, , ANCHOR r ► o which bears as effective date of August 19, ,� tSpecial Flood Hazard Area. �, N/F ti?i ,SEE NDT� #7 1985 and e s no n a y. CESAR FROES �/l 1 ANCHOR �� �...�.-• ,. ,. < < ► r A3 SHEET TITLE w DEED BOOK 94E9 PAGE 303 ��e b _ G -- :�, I PROPOSED 388' ASSESSORS Iu�AP 215 y �"' _ - ` 1 GUY TOWER PARCEL. 16 RF o, EXISTING i �� ► SEE NOTE IRON PIPE M'vNS "'� EXISTING 393 ± STRUCTUR �S7 FOUND OF ST GUYED TOWS SITE DATA N>>° ONE r ; DRILLHOLE �3 5&. �� --12�- o�Q / / FOUND 1. SITE LAYOUT AND TOWER GUY RADIUS SUPPLIED BY CLIENT. D , ► `�-�AETER SITE PLAN 2. VEHICULAR USE; APPROXIMATELY ONE SITE VISIT PER MONTH. 3. WATER AND SEWER '� G COMMUNICATION FACILITY SHALL NOT BE N/F �•�� COMMONWEALTH K 0755,PAGE H83 ETTS / SERVICED BY WATER OR SEWER. , Ng ���� �,� ���-' ► i ASSESSORS MAP 215 IRON PIPE 4. USE PARCEL 17 UNMANNED TELECOMMUNICATIONS RELAY FOUND EQUIPMENT. ' • ANCHOR- SHEET NO. 5. STORM WATER MANAGEMENT r SITE SHALL COMPLY WITH ALL STATE LEGEND j REBAR �.`` , ► .. C-7 SET 4 � -�2-2 - . � �`1 ANCHOR AND COUNTY STORM WATER DRILL HOLE FOUND REGULATIONS. U 0 IRON Pik FOUND 6. CONTRACTEE\LESSEE N/F ; , ■ CONCRETE BOUND WITH DRILL HOLE TOWN OF-BARNSTABLE 2 , PINNACLE ..TOWERS, INC. . . ., . • _� ,, DEED BOOK 2846, PAGE 146 N/F KCI JOB NO. 301 N. CATTLEMAN ROAD r yA3e�, N/F NOW OR FORMERLY c 1000O08F u a 4 �� ASSESSORS MAP 215 COMMONWEALTH OF MASSACHUS�TTS SARASOTA, FLORIDA 34232 ,-°# PARCEL 18 DEED BOOK 354 PAGE 131 (941) 364-8886 OHW OVERHEAD UTILITY WIRE EXISTING -/22- ASSESSORS 14AP 215 ANCHOR �_ PARCEL 1s SEAL- (C) CALCULATED (SE E NOTE #?) _ 7. TOWER LOCATION AND ORIENTATION PROVIDED BY CLIENT. (R) RECORD PROPOSED TOWER APPEARS TO UTILIZE EXISTING MAST REBAR AND GUY ANCHOR FOUNDATIONS. FOUNDATION DESIGN �w� TREE LINE SET - ANCHOR NO WIRE 1 N IES MAKES AND/OR ANALYSIS BY OTHERS. KC TECH OLOG �:! Of I I NO WARRANTY TO THE STRUCTURAL CAPICITY OF THE POWER .POLE FOUNDATION SYSTEM. SPR # �4. l �� � O CK ' f > JA P TOWER SHALL COMPLY WITH ALL APPLICABLE FAA KINS7LINGItc 8 PROPOSED E AND FCC REGULATIONS. s THIS PLAN APPROVED ON '0 CIVIL SITE PLANNo 9. TOWER SHALL NOT INTERFERE WITH NORMAL RADIO AND TELEVISION . T'� SUBJECT TO .o SCALE: 1 4o THE FOLLOWING CONDITIONS. RECEPTION IN THE VICINITY. I N N \� SURVEY NOTE � 10.TOWER SHALL BE DESIGNED AND CONSTRUCTED IN ACCORDANCE WITH (AS FURNISHED) SS/ANAL ' APPLICABLE PROVISIONS OF STANDARD EIA/TIA 222-F `{n PARCEL�.�B,� IS CONSIDERED A NONBUILDABLE Ott- 11. T ABOVE GROUND TOWER HEIGHT SHALL NOT EXCEED 3$8 FEE 0 LOT `BASED ON .MINIMUM LOT FRONTAGE , LEVEL. REQUIREMENTS FOR A BUILDABLE LOT IN THE TOWN OF BARNSTABLE. 1 <1 t�►�.- � 12. THE TOTAL HEIGHT OF THE TOWER AND ANTENNAS SHALL NOT EXCEED 431 FEET ABOVE GROUND LEVEL. MIN. FRONTAGE 150' 9 MIN. SETBACKS �/,, 13. ANY INCREASE IN THE NUMBER OF ANTENNAS (ABOVE THE EXISTING FRONT 30' 31 ANTENNAS) SHALL BE SUBJECT TO THE SPECIAL PERMIT (Jct �,f J�'_-'' Q ,o PROCEDURES OF THE TOWN. SIDE 15� ayJ r C/ REAR 15 [o � � t 1001 14.THE EXISTING TOWER MUST BE REMOVED WITHIN 30 DAYS AFTER l THE REPLACEMENT TOWER IS CONSTRUCTED. THE SIZE AND LOCATION OF THE ANCHOR BASES HAVE NOT BEEN DETERMINED AND HAVE NOT BEEN DEPICTED ON THIS PLAN. U ' 15. PINNACLE TOWERS INC. WILL REQUEST THAT THE FAA APPROVE DUAL LIGHTING FOR THE TOWER, INSTEAD OF PAINTING THE TOWER. ...\New 2000\C0N5T c1.dgn 05/04/01 12:04.29 PM N—�y ® r 2 .{('1 HO P ; HY Pinnacle Towers , Inc .. 93. 2 1549 Rm Im �v r 9 9/ a Third Floor spy �, . � _ •. > �-� , `�� ; � ' ��� � )� � ��,� Snarasota, Florida'�34�36 ` _ \ y _ (94 64=8886 y I' ,,. Y . \ \ �' DATE DE ORIGINATIC]N 06-24= 228.5% _ ,� �' DRAWN BY GL� DESIGN BY HLB �` P0SED NEW PROPER ��L ,,rq��> CHECKED BY Existing Gedar 20.1 NLB Cti^��� To Be Relocated 2 4' Wide /`s REVISIONS Dve To Anchor Gates - I Alignment ' `� NO, DESCRIPTION !`r 1 A j, L Xv �� l j� \ `�`i\h�j ii��/n{I\� l-L y- i��/^IlY\., New Fence 4 - �p nn c Type And Finish - 1` i_v�BOO h. i , : (�F- ' U- � .TY �. \ + To Match Existing S S 5 E S S C R % :�!- L'i ' • C`, � �' �''v� „`i._I. \ ANC PARCEL A 5._ ; o Qt on , / \ i + UTILITY `� � lki1/ r .f� �pPOLE N-09 >) 52- \ i EX T!r - - \ + 5.�---moo �' lL o ;\ ,a IYISION OF orc x � . ` Q '� \ I LANDSCAPE ARC+4ITECTs ,1.� hDR ANCHOR SITE E1JCsINEERI►JG \����� 10 Rid 9owood Driver V Cedar btroot r,,C I1 OR —-( East 9a+�dwich MA 02331 UJu c«ts MA 060% (5m8)833-4166 (S+DC)155-2166 NEW LONDON,CT NORTI-1 1-tAVEN,CT V=AIRFIELD.G7 ♦ \ \ \ / E.sANDWi04.MA 11KG ER,E5? MA ( I --P . E KCI TECHNOLOGIES` VC 5650 BRECKEN�RI�PARk DRIVE TAMPq FL 3=1 jam. V.IIr/i i' t N{�L GIES � 41 0140 •�. V / \� / ' ���� � �� _ taxi) ao-2soo i /n111�� PROJECT NAME : CnN1 'CC'•.I },`vEALTH >>i �; .`\SSACH�JSETTS /jig„I � ♦ �,�,a\r ►tv�,� -`E �o�E� j 5�, PAGE 83 �.� ,,,..dy_ , BARNSTABLE TOWERS SSO[''S \�l A 215 ,A',/�tl���� \� /II PAP,,,,_L 17 c � r SHEET TITLE P_lantng and Plant Ma-t erial Notes: 10 20 3040 FEETPlantina Legend 'General Performance Standards .w. � C FLAN, DETAIL, NOTES Exl5ting cedar To remain/ Relocated �1 t�-� 1. All plant and plant materials shall meet or exceed the specifications of I AND 5G H E L'U L E Federal and State laws requiring inspection for plant and disease and insect control. I I - 1 I . 2. Quality and size shall conform with the current edition of rrHorticultural Proposed i 8 -011 Ht. Standards" for number one grade nursery stock as adopted by the , AM3=RICAN ASSOCIATION OF NUSERYMEN. + Juniperus v/gln/ana SHEET NO. : 3, All plants shall be true to name and one of each variety and size shall be I EQStern red GedQr tagged with the name and size of the plant, in accordance with the ( I 1 OF standards of the American Association of Nurserymen. In all cases, botanical names shall take precedence over common names. I \rural l�ropo5ed 12 - 81-10� Ht. l r 4 Planting Season: Spring planting shall be that period from April I Picea Abtes • ( KCI JOB N0, : 1000008P through June i5.of each year. Fall planting shall be that period ;from September 1 through October 30 of any year for evergreen mate tals, and /fit,"^I�r �IOt"WCIy Spruce September 1 through December 1 for deciduous materials. Plantirl J season — _ ____ -� may be extended upon written approval by Landcape Architect. Plants to be SEAL lanted after 5 pp!ear out shall be du and shipped to the Contractor for T protection, sheer dnd watering until planting. he Contractor shall be �\\CAPCH \\1LCH 11IN1111111///// responsible for protecting plants. _-- __-- -__ 5. All plants shall be guaranteed by the Contractor for not less than one full time f Substantial Acc tance. During this time the gear mthet eo yes o g Contractor shall maintain all plant materials. During the I '� res onsibilit to Inspect guarantee e✓eriod it shall be the Contractor'sp y p the plant material to satisfy himself that the areas are receiving-proper care. ( GUYMG WI RINM UNRES 2 STRAND TWI9t 12 GUAGE WIRE 6. All replacements shall be plants of the kind and size as specified in the ) E Tvaa-Es I nt list. �heu shall be furnished and planted as. specified. The cost of DEEP TENGUr rea p p placement shall be borne by the Contractor except where it can be I 3�DEEPtt►xcN shown that the loss was due to vandalism. POW SA It �/ l Zd4� ' definitely . + MAIMS SOILMrX '1. All guy wires, rubber hose sections (or N lon Taping As An Acceptable WATERANDtA1PTo Alternative), stakes, and tree trunk wrapping shall be maintained by the , FVIOVE AIR POCKETS. Contractor until final acceptance by Owner. DUCK INLL TREE S. Planting mulch sha I I be installed to a depth as noted. I TREE Pit ANCHOR OR APPROVED MAL. b, Seed mix sumnlier by New England Wetland Plants, Inc., or approved I tlnx ROM BALL ola eq ua i. rt�tEs: L PROVIDE StAKhJG AS REQUIRED. 10. All disturbed areas will be dressed with a minimum of 4 inches of loam dnd 2. PLANT L TRAT= TOP OF ROOT BALL Is EVEN WRH THE FMIbEED GRADE. 3. Fd Mt ALL CUTS OVER ONE MCH ASSET R0 seeded, or f ihished as noted. L 4. retrieve ALL CG9TA1OM T AND B M9M F RO ROOT L.S. r�rlovE suw.aP FROM TOP are Tulr�of Root eaLL. ."�.. .____ .._._ _ � • Evergreen Planting - Guying Standard NTS , ---------- LINE TABLE G1 N8.3*47' .30"W 155.00- G2 N350 491 361'E 155.00' 9"E 155.00, , , I I.,I . .1 CBDH G3 S23*59' 3 36.12' Ll N87* 46, 2911E nnade Towers lnc. PHOUND 301 North Cattlemen Road PROPOSED TOWER DATA "PROPERTY LINE FOLLOWS STONE WALL" Suite 3 0 0 (AS FURNISHED) OOK 289. PAGE 37. AS PER ABUTTING PLAN-IN B Sarasota, Florida 34232 LATITUDE 410 40' 20.10" N/F FRANK A. MAKI (941) 3644886 LONGITUDE 70* 20' 47.1" DEED BOOK 991, PAGE 418 ASSESSORS MAP 215 V PARCEL 14-1 PLAIN BOOK 289/37 > 1H FOUND DATE OF ORIGINATION : 11-07-00 4,5,j, 0.61, DRAWN BY : T-SMALL EXISTING TOWER DATA (AS FURNISHED) H OUND SSO_5-3-07111 DESIGN BY : T. SMALL EXISTING CENTER OF 393± TOWER 5 N86*51'.35"E 92.7 (C) DH FOUND S89* 28'44"E 91.1i:(R) 57.011 -.*1 LATITUDE 41*41'20-1" CHECKED BY D. KROEZE LONGITUDE 070*20'47.5" BASE OF TOWER ELEVATION 126.41 FOUND TOP OF TOWER ELEVATION 520'± _j REVISIONS HIGHEST APPURTENANCE FROM TOP Nl:"#54'2511E 53.78' (C) OF TOWER ELEVATION 556*-+ 51:.o.54125"W 59.87 (R) NO. DESCRIPTION NOTE: N/F /1\ ADDED UPDATED SURVEY INFO. 5/3/01 ALL ELEVATIONS BASED ON DEED BOOK 12594. PAGE 267 NGVD 1929, BENCH MARK DISK ASSESSORS MAP 215 PARCEL 15-1 (REMAINDER OF) 2 NUMBER 177U. 0 1314,817± S.F. 3.10± ACRES SHAPE FACTOR 19.17 3 ad Cy AJRCOMM OF "ON 4 PLAN REFERENCES M A Y (AS FURNISHED) 5 PLAN BOOK 324, PAGE 36 REBAR SET PLAN BOOK 370, PAGE 100 S2*47'11"W PLAN BOOK 555, PAGE 73 CBDH N22* 2151"E 4 .37' 30.00' DO V RECORDED AT THE BARNSTABLE REGISTRY V OF DEEDS, BARNSTABLE VILLAGE, MASS. REBAR SET 19 101.4' S710 50'13"E ANCHOR 8.16' (NO WIR DRILLHOLE ---------- -)N-7 EXISTING SET A It C6 CESS POCL - 14" co - # ,ANCHOR UTILITY STATEMENT R EXISTING SHED EBAR N12*05113"E MMEMMMMMMMOV 11111MMMMMI TECHNOLOGIES SET EXISTING LOT "AI If fill'I'l- ENGINEER/SURVEYOR HAS NOT SOLICITED 17.62' L 7, EXISTING UTILITY LOCATION INFORMATION. . 1 716 CONTRACTOR SHALL BE RESPONSIBLE FOR GAZZEBO DRILLI­OLE, SET 47 01 DETERMINING HORIZONTAL AND VERTICAL EXISTING EXIST. C KCI TECHNOLOGIES, INC If LOCATIONS OF ALL EXISTING UTILITIES. CONCRETE PAD SHED 10150 HIGHLAND MANOR DRIVE AN/ SUITE 120 V, ovy TAMPA, FL 33610 �O' MIN. Ire eWELL RONT (813) 740-2300 ENGINEERS NOTE A% .. �;. � �L* SETBACK 0 INFORMATION SHOWN HEREON, EXCEPTING NEW TOWER LOCATION, REBAR POP DRILLHOLE FOUND TAKEN FROM A SURVEY BY THE BSC GROUP (WEST YARMOUTH, MA) --tivit RE AR SET S OT'E INS 43' XIST DATED 4/28/99 AND UPDATED 10/27/00. KCI TECHNOLOGIES MAKES N810 J�%'45"E / PROPOSEE GJY WRE (TYP. OF PROJECT NAME C,2 NO WARRANTY TO THE ACCURACY OF ANY INFORMATION PROVIDED 0 lz�-------- --- SEE LINE,rA,k 7, )�X I�ELOW r( PARCEL -13" -12 LOT "AI .. .......Z?4-31 BY OTHERS. 4c/ S54*32*47"E 5.00 IRON PIPE c,4 -�Ip \ AIRCOMM OF AVON, LLC. FOUND Xdl DEED BOOK 11147, PAGE 52 E)(ISTING � BARNSTABLE *611, CONCRETE ASSESSORS MAP 215 PAD (SEE LI (SITE #0236-002) FLOOD ZONE NOTE (AS FURNISHED) k 1, .7 PARCEC\1.5-2 & A PORTION OF 15- 0/ NOTE *7) ,,181± S.F. By qra�hic Clotting only, this property \�.21+ ACRES zi,I ING is in one of the Flood Insurance Rate Ma # Community Panel No. 250001 005 C, ANCHOR p _4/44�j which bears as effective date of August 19s 47 COP) N/F <SEE NOT� 1985 and is not in a Special Flood Hazard Area. ANCHOR SHEET TITLE CESAR FROES PROPOSED 388' DEED BOOK 9469 PAGE 301% "e)", - <� // I Glu ASSESSORS WX0 215 GUY TOWEt PARCEL. 16 9 U11T P& SEE NOTE 07 EXISTING - IRON PIPE or 3931+ FOUND S GUYM TOWE SITE DATA %� % // I DRILLHOLE FOUND 1. SITE LAYOUT AND , TOWER GUY RADIUS SUPPLIED BY CLIENT. SITE PLAN TE 2. VEHICULAR USE: APPROXIMATELY ONE SITE VISIT PER MONTH. 3. WATER AND SEWER: N/F COMMUNICATION FACILITY SHALL NOT BE COMMONWEALTH OF MASS� EHV_$ETTS SERVICED BY WATER OR SEWER. DEED BOOK 755 PAG 83 ASSE�VR WAP 215 iL RON PIPE J,6 4. USE: C 17 FOUND 49 UNMANNED TELECOMMUNICATIONS RELAY 48, ANCHOR SHEET NO. : EQUIPMENT. 5. STORM WATER MANAGEMENT: REBAR C SITE SHALL COMPLY WITH ALL STATE LEGEND SET 42-2 AND COUNTY STORM WATER DRILL HOLE- FOUND ANCHOR REGULATIONS. 0 IRON PIPE FOUND 6. CONTRACTEE\LESSEE N C ONCRETE BOUND WITH DRILL HOLE 4 OF NK 6STABLE PINNACLE TOWERS, INC. TOWt N/F KCI JOB NO. : 1000008F DEED 6ZA�E 146 301 N. CATTLEMAN ROAD M 5 COMMONWEALTH OF MASSACHU!ETTS N/F NOW OR rORMERLY AS9?�,SW, DEED BOOK 354 PAGE 131 SARASOTA, FLORIDA 34232 OHW OVERHEAD UTILITY WIRE C L 18 EYJSTNG 122- ASSESSORS UAP 215 SEAL: (941) 364-8886 ANCHOR PARCEL 19 (C) CALCULATED *7) (SEE NO TOWER LOCATION AND ORIENTATION PROVIDED BY CLIENT. (R) RECORD REBAR PROPOSED TOWER APPEARS TO UTILIZE EXISTING MAST AND GUY ANCHOR FOUNDATIONS. FOUNDATION DESIGN TREE LINE SET ANCHOR NO WIRE OF AND/OR ANALYSIS BY OTHERS. KCI TECHNOLOGIES MAKES POWER POLE NO WARRANTY TO THE STRUCTURAL CAPICITY OF THE SPR FOUNDATION SYSTEM. # CWL 8. PROPOSED TOWER SHALL COMPLY WITH ALL APPLICABLE FAA THIS PLAN APPROVED6N 11 NoAVA AND FCC REGULATIONS. 11 A SITE F 4 9. TOWER SHALL NOT INTERFERE WITH NORMAL RADIO AND TEkEVISION SCALE: 111-41U`� sUBJECT TO THE FOLLOWING CONDITIONS: RECEPTION IN THE VICINITY. SURVEY NOTE N OML 10.TOWER SHALL BE DESIGNED AND CONSTRUCTED IN ACCORDANCE WITH (AS FURNISHED) coq\6 WLO,�_ APPLICABLE PROVISIONS OF STANDARD EIA/TIA 222-F PARCEL "B" IS CONSIDERED A NONBUILDABLE 77:'1,­1_ 0./) Co 77, 11. TOWER HEIGHT SHALL NOT EXCEED 388 FEET ABOVE GROUND LOT BASED ON MINIMUM LOT FRONTAGE REQUIREMENTS FOR A BUILDABLE LOT IN LEVEL. THE TOWN 'OF BARNSTABLE. 12. THE TOTAL HEIGHT OF THE TOWER AND ANTENNAS SHALL NOT EXCEED 43IFEET ABOVE GROUND LEVEL. MIN. FRONTAGE 150' r MIN. SETBACKS 13. ANY INCREASE IN THE NUMBER �OF ANTENNAS (ABOVE THE EXISTING FRONT : 301 uo� 31 ANTENNAS) SHALL BE SUBJECT TO THE SPECIAL PERMIT PROCEDURES OF THE TOWN. SIDE 15' ()01 REiQ 15 14. THE EXISTING TOWER MUST BE REMOVED WITHIN 30 DAYS AFTER' THE REPLACEMENT TOWER IS CONSTRUCTED. THE SIZE A14D LOCATION OF THE ANCHOR BASES HAVE NOT BEEN DETERMINED AND HAVE NOT BEEN DEPICTED ON THIS PLAN. 15. PINNACLE TOWERS INC. WILL REQUEST THAT THE FAA APPROVE DUAL LIGHTING FOR THE TOWER, INSTEAD OF PAINTING THE TOWER. rers �lnc. 1H 2i 0.61, ,(C) \New 2000\C0NST\c1.dgn 05/04/01 12:04:29 PM -------------------------------- ------ - Pinnacle Towers Inc. \ 93.2' 1549 Rin lin Boulevard T Ring ling Third Floor ;• Sarasota Florida 34236 VFELL = I % (941) 364-8886 40.0' / DATE OFF ORIGINATION 4- - 0ST \ O 2000 v �- DRAWN BY 2 28.5 i GLV • � _ \ � ��.�. DESIGN BY WLB I -•,_�- �� , ,r.,�t .a�° ' Ir � r•,`ED NEW PROPER Y L1' .: 201 ' CHECKED BY _ WLE3 . \� •.�a„J bii i r .� ��; � ,� ,F�, Existing Cedar + a l�r�^�h� To Be Relocated �, 4' Wide ' R E `✓I S I❑N S Z , I{I ` Due To AlignmentA Gates i NO, DESCRIPTION DRI ANCHOR I (� ti ;/� Nr) y + \ ra t,l�l/� '��I1C^ �\ '' -rj.� "�i �Ii, � New Fence 4 A l �'�. - - �;�F'CQ ��1 �� �� _ �' ' ' \ O '� - �' Type And Finish 0 Y i TY `'„\ \ ii°1r" '`� , '.� To Motch Existing i -- ASSESSOR1 , PARCEL 5— % N��,I \� ova on �,/,� ,.. / p + UTILITY �` a. 1i/�� � - -✓ �' POLE ,� l - + 5�.� 30, '" y i� "'- \� Q 4 DIVISION OF D TC ° .. B..-`*�Oi, •F �� ` i ,`rlwrl LANDSCAPE ARCS rECTS J / \ �` ,ry i 1 r�,�„li,/�� �r,.1�►M� .Ll. +LAM+t�i {- A 'HOR I 3 ".r� SITE EWSINE 11`4 ANCHOR �` i i OR ✓r" ` + %'i1C� 10 M6108600d Drive 10 C-0ew bvwt Edet SJ"dnki+MA M531 wort...—MA O*C% `''• _ \ \ ' 1 / NEW LONDON,CT NORTH WAVEN,CT FAWYELD.CT E.SANDWIC►•1,MA Ulr.�IeCESTER,MA Ka TECHNOLOGIES~ INC 5650 BRECK� PARK ORNE TAWA FL 3M �. _. I.•1 1 f -1 !'• .i•'l A! :'-IF it F, ' ,1 7IIC ♦ CEaL�H I I SSACHUSETTS ��'^�` ,,,���,I► n �� �� i 3� �` f �. _C�Er D BOOK -55, PAGE 83 BARNSTABLE TOWERS��'�-., ,, .c • ASSESSOR P�1P 215 k SHEET TITLE : Planting and Plant Matenal Notes. GG }�' 0 f0 20 30 40 FEET r• �:�b � O�OJED FLAN __._._.-_ .. P�antina Legend r. ► . .. ��- �• O 'General Performance Standards FLAN, DETAIL NOTES �- Existing Cedar To Remain/ Relocated AND 15�. GHEDULE I. All plant and plant materials shall meet or exceed the specifications of rederal and r.-tate laws requiring inspection for plant and disease and Insect control. t tt I 1. ouality and size shall conform with tl•+e current edition of "horticultural PropO�ed I I 8 -o Ht. Standards" for number one grade nursery stock as adopted by the I .lun!n eras vl Iniana SHEET NO, : ' ' AMERIGAN ASSOCIATION OF NUSEt� I ♦ r �' 3. All plants shall be true to name and one of each variety and size shall be Eastern Red Cedar I tagged with the name and size of the plant, in accordance with the 1 OF 1 standards of the American Association of Nurserymen. In all cases, botanical names shall take precedence over common names, t 1 p Proposed I� - 8 -10 Ht. 4: Planting Season:, Spring planting shall be that period from April I 'Z �/� PIGeG7 ldtf�/Pis . K C I J E B N O r -.10 0 0 0 0 8 through June 15 of each ear. Fall planting shall be that period from *"�• 9 y p n9 p ,� I September 1 through October 30 of any year for evergreen materials, and '9r'"^1 Norway Spruce September i through December I for deciduous materials. Planting season — I SEAL' may be extended upon written approval by Landcape Architect. Plants to be planted aFter leaf out shall be dug and shipped to the Contractor For protection, shelter and watering until planting. The Contractor shall be Sg1�CHUS fTT4�� responsible For protecting plants. L' s#� F - m 5. All plants shall be guaranteed by the Contractor for not less than one full � v Sear from the time of Substantial Acceptar►ce. During this time the y � � � f Contractor shall maintain all plant materials. During the con p g guarantee period it shall be the Contractor's, responslbility to Inspect the plant material to satisfy himself that the areas are receiving proper care. I PL"WR11OSE eAr".6 URES 2 STRAND TUST 12 WAN WnQE 6. All replacements shall be plants of the kind and size as specified In the I n�e I Z. ���✓�Le plant list. They shall be furnished and planted as specified. The cost of replacement shall be borne by the Contractor except where it can be I 3�DEEPrucu deflnitel shown that the loss was due to vandalism, Ro1et OAJJM � ZDdb y '�. All guy wires, rubber hose sections (or Nylon Taping As An Acceptable � � rMtMLN1TiNG 6 TAMP I Alternative), stakes, and tree trunk wrapping Shall be maintained by the RIMI a�0 Tom°ro � > r REMOVE AIR POCKETS. Contractor.until Final acceptance by Owner. DUCK DILL TREE 8. Planting mulch shall be installed to a depth as noted. I TREE MT ANC11M oR I t " _1 AMOROYM Fa At 5. Seed mix supiolier by New England Wetland Plants, Inc., or approved t va x 1EOOTDALL DIa q I I C Ud I. 11.. M "E STAKM As IWOJ lD. 10. All disturbed areas will be dressed with a minimum of 4 inches of loam and I 3. PLANT 60 TUAT Tor Oir ROOT BALL IS EVEN WTH 11E 6RADE. I 3. PAW ALL CUTE OVER ONE INCH(15.4M)DIA seeded, or fihished as noted. 4. RD'1OVE ALL CONTAMM AND 500M76 FROM ROOT DAL AD/ S. W1OA BURLAP FROM TOP GTE'NNW Cf ROOT BALL Evergreen Planting - Guying Standard NTS ,