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Home My WebLink AboutMiscellaneous - 5 BOSTON HILL ROAD (2) 59P NORTH RN OCIVER 9786889542 P- 2. Town of North Andover Office of the Zoning Board of Appeals pr`+• �° Community Development and Services`Division 400 Osgood Streets ...arx.. • + North Andover,Massachusetts 01845 D. Robert Nicetta Telephone 978 9 l3uilch .. 688- 547 n�,Commissioner .,r..'�. !:' ( } Pax (978)688-9542 Date' :2' • 1• C? *M TO: Town of North Andover Zoning Board of Appeals 400 Osgood Street North Andover MA 01845 a Please be advised that I have agreed to waive the tiEme.•constrdints for the North +Lt.JJ4ar,'� als Andover Zoning Board of Appto make a decision regarding-the granting of a is �J.0w � Varian Special Pei o �iveermit(40B) Findin for property located at: STREET: S nS'fo.► S ' MAP: PARCEL: 1 TOWN: N o�''�'� A nJ o Ve/` TO MEETING DATE(S): f S�2 "e=6e 13 Zoo S NAMEOFPETMONER:Bti1...��14 Itc I�lo t etc Ma�i4c�.�tt> S d q 1 Signed: �Q�zeQ. S Pett a or titionees tats e) 13 andor Is Thi-698-9541 Building 978488-9545 Consmation 973-688-9530 Hoaltb 978-688-9540 Planning 97&638-9335 �. � MAY `�� a BOAR[),OF APPEALS, =vet ED °NYCE BRADSHAW TOWN CLERK NORTH ANDOVER TOWN OF NORTH ANDOVER ZONING BOARD OF APPEALS Z002 AUG u P �' 3 9 In Re: Boston Hill Farm Benjamin G. Farnum Map 107C,'Parcel 11 Boston Street North Andover,Massachusetts MEMORANDUM IN SUPPORT OF BEN IANUN G.FARNUM'S APPLICATION FOR FINDING The purpose of this memorandum is to provide the Board with information relative to the above-referenced Application that is scheduled for public hearing on Tuesday, August 13, 2002. APPLICATION The Applicant is seeping this Board to overturn the action of the Building Commissioner's imposing conditions to Building Permit No. 605 not so authorized pursuant to this Board's Decision of March 22,2002 and amended April 26, 2002. The Applicant is Benjamin G. Farnum of 397 Farnum Street, North Andover, Massachusetts. Mr. Farnum is the owner of the property that is the subject of this Petition at 5 Boston Hill Road, North Andover,Massachusetts (the"Tower Site"). ZONING DISTRICT The Tower Site at 5 Boston Hill Road is located in a Residential-2 (R2) Zoning District. CURRENT USE OF THE PROPERTY The Tower Site at 5 Boston Hill Road is currently used as the location for the telecommunications tower described above. AUG 13 2002 BOARD OF APPEALS • FACTUAL BACKGROUND L On or about January 15, 1957 upon an Application by Massachusetts Institute of Technology, publication of a hearing before the North Andover Zoning Board of Appeals was caused: a. The notice stated the Petitioner was requesting a variance to the • Zoning Ordinance. b. On or about January 28, 1957, the North Andover Zoning Board of Appeals held a hearing and on February 4, 1957 filed with the North Andover Town Clerk a Decision. (Said Decision is appended hereto and marked Exhibit"A"). 2. Pursuant to the Decision, the Petitioners were granted the following visa via a "Special Permit": To erect and maintain on a tract of land in the Boston Hill area of the Town of North Andover the following: 1. One radar antenna support tower concrete construction eighty-four(84') feet in height surmounted by a sixteen (16') foot driving mechanism upon which • will rest a reflector (antenna), one hundred twenty (120') feet wide and thirty (30') feet in height, which in turn will be surmounted by an IFF antenna two (2') feet in height. The total height of the structure from the ground to the top of the IFF antenna will be one hundred thirty-two (132') feet. -2- • • i 2. One forty (40') foot radar tower surmounted by a twenty-six (26') foot radome. The combined height of the tower and radome comprises sixty-six (66')feet. 3. One sixty (60') foot parabolic reflector mounted on a six-foot pedestal. The total height of this structure will be sixty-six (66')feet. • The generators and related equipment required to operate the two small • towers will be housed in two prefabricated buildings, each of which will have a floor area seventy (70') by forty (40') feet, totaling fifty-six hundred(5,600')square feet. 3. The Decision clearly states the North Andover Zoning Board of Appeals members "made the Motion to GRANT the VARIANCE", however a "Special Permit" was erroneously granted. (See Exhibit"B"). 4.1 On or about April 1, 1982, Benjamin Farnum filed with the North Andover Zoning Board of Appeals a reapplication under Section 10,Paragraph 10.8 of the Zoning By- Laws to permit the extension of the Special Permit [sic] granted in 1957. 4.2. On or about July 23, 1982, the Board allowed a "Special Permit" allowing antenna and transmitting dishes to the existing concrete tower not to exceed a total height of one hundred forty(140') feet. (See Exhibit "C"). 5. On or about February 21, 1984, the North Andover Zoning Board of Appeals granted a Special Permit to use the facility for broadcasting purposes. (See Exhibit"D"). 6. On or about December 14, 1984, the North Andover Zoning Board of Appeals granted a Special Permit to house communication equipment at the site. (See Exhibit"F'). -3- i • 7. On or about February 24, 1997, the North Andover Zoning Board of Appeals granted with conditions a Special Permit to extend a prior nonconforming use of the tower P P g site and the attachment of two antenna arrays for the operation of a personal communication wireless systems. (See Exhibit'7'). 8. On or about August 25, 1997, the North Andover Zoning Board of Appeals granted a Special Permit to extend the nonconforming use of the Tower Site. (See Exhibit • sG„ 9. On or about June 1, 1998, the North Andover Zoning Board of Appeals granted a special permit to allow the alteration of the tower brackets to achieve correct alignment for gamma direction. (See Exhibit"H"). 10. On or about May 11, 1998, the Town of North Andover at Town Meeting adopted an amendment to the North Andover Zoning By-Laws to include zoning provisions for Wireless Service Facilities. (See Exhibits'T' and"T'). 11 On or about April 21, 1999 the Planning Board of North Andover issued a decision allowing AT&T's Application for a Special Permit dated February 16, 1999. (See Exhibit"K"). • 12. On or about June 22, 2001 Mr. Farnum filed with the North Andover Building Department an Application for a Building Permit to erect the two (2) microwave antennae as allowed by the Special Permit dated April, 21 1999. (See Exhibit"U). 13. On or about August 15, 2001 the North Andover Building Department was informed of its non-compliance under the provisions of 780 CMR 111.1. (See Exhibit'W). 14. On or about October 1, 2001 Mr. Farnum filed an appeal with the State Building Code Appeals Board asking the Board to issue an order to the North Andover -4- • • Building Department forcing them to take action with regard to Mr. Farnum's June 22, 2001 Application for a Building Permit. (See Exhibit"N"). 15. On or about December 20, 2001, the State Building Code Appeals Board issued a decision requiring action to be taken by the North Andover Building Commissioner on Mr. Farnum's Building Permit Application. (See Exhibit"O"). 16. On or about January 2, 2002, the North Andover Building Commissioner • denied Mr. Farnum's Application for a Building Permit dated June 22, 2001. (See Exhibit «p„ 17. On or about February 26, 2002, Mr. Farnum filed an Application for a Finding with the North Andover Zoning Board of Appeals requesting that the Board overturn the Building Commissioner's Denial of Mr. Farnum's Application for a Building Permit dated June 22, 2001. (See Exhibit"Q"). 18. On or about March 22, 2002 the North Andover Zoning Board of Appeals granted Mr. Farnum's Application for a Finding and instructed the Building Commissioner to issue a Building Permit for the erection of the two (2) microwave antennae. (See Exhibit «R„ • 19. On or about April 26, 2002 the North Andover Zoning Board of Appeals issued a Modification of their Decision of March 22, 2002 to correct a scrivener error requiring that the words "Special Permit" be corrected to `Building Permit." (See Exhibit «S" 20. On or about May 17, 2002, the Building Department issued Building Permit No. 605 to Mr. Farnum authorizing the erection of two (2) microwave antennae with no -5- • • conditions. The Permit contains conditions not authorized by the Board and requiring adherence to the provisions of a Special Permit. (See Exhibit"T"). 21. On or about June 13, 2002, Mr. Farnum filed with the North Andover Zoning Board of Appeals an Application for a Finding requesting that the Board overturn the Building Commissioner's Decision imposing conditions on the Building Permit not so authorized by the Board's March 22, 2002 Decision. (See Exhibit"U'). • DISCUSSION This Board is required to abide by its prior decisions and allow the Applicant to further expand his lawful use of the Tower Site to erect additional antennae to the existing tower. Imposition of additional requirements not previously contemplated in the Board's prior decisions constitute substantive modifications which are unauthorized absent a specific request by the applicant,formal notice and public hearing requirements. As discussed above, in February of 1957 the North Andover Board of Appeals (hereinafter "the Board") filed a Decision with the Town Clerk. The Decision (appended hereto as Exhibit "A") granted a variance to the Massachusetts Institute of Technology pursuant to the provisions of then in effect M. G. L. Chapter 40A, §14 (subsequently • amended to M. G.L. c. 40A, §10). The 1957 Variance permitted the construction and operation of a communications tower not in excess of one hundred forty (140') feet. Nowhere in the text of the 1957 Variance Decision nor the January 14, 1957 Minutes of the Public Hearing regarding the variance request (appended hereto as Exhibit "C") is there found a limitation on the duration of the validity of the Variance. -6- • Twenty-five years later in 1982, the North Andover Board of Appeals had occasion to review its granting of the 1957 Variance (that Decision is appended hereto as Exhibit The Board then concluded that even though the 1957 Decision referred to a "Special Permit", what was actually granted was a "Variance." The Board in 1982 granted the Applicant a "Special Permit" to allow for the construction of antennae and transmitting dishes upon the existing tower so long as such constructions do not exceed the one hundred forty (140')foot • requirement of the original variance. The Board stated in the 1982 Decision that "these minimal changes would extend the rights already granted by the variance, and clarify the petitioner's rights and ability to use the variance originally granted to MIT." Additionally, as in 1957, there exists no indication that the Board intended to limit the duration of the validity of the Variance. The two Board of Appeals Decisions in 195 ' and 1982 represent a clear intention on the part of the Board to confer upon the Applicant the right to expand the lawful nonconforming use of the Tower Site provided that the Applicant adhere to the terms of the original 1957 Variance,specifically the one hundred forty(140')foot height limitation. In the present matter the Board is required to abide by its prior decisions and allow • the Applicant to further expand his lawful nonconforming use of the Tower Site to erect two (2) additional antennae to the existing tower. Imposition of additional restrictions or requiring a Special Permit for the construction of the antennae are substantive modifications of prior Board of Appeals Decisions. M. G. L. Chapter 40A §14 grants a Board of Appeals limited authority to "modify any order or decision." The governing rule for modification of Board decisions was summarized in Tenneco Oil Co. v. City Council of Springfield, 406 Mass. 658, 659-660 -7- li (1990). In Tenneco, the court quoted Huntington v. Zoning Appeals of Hadley, 12 Massa App. Ct. 710 (1981) stated that: "when a board wishes to change or amend a previous decision, a zoning board has "'inherent power . . to correct an inadvertent or clerical error in its decision so that the record reflects its true intention' . . . [but that] the board may not make a substantive amendment which changes the result of an original deliberate decision, or which grants relief different from that originally granted, without compliance with the i relevant notice and hearing requirements" Huntington, 12 Mass. App. Ct. at 714 n. 4, quoting Selectmen of Stockbridge v. Monument Inn,Inc., 8 Mass. App. Ct. 158, 164 (1979)." The Huntington rule contemplates situations in which the Board is asked by petitioner to modify an original decision. The court specifically reserved judgment on modifications sought by the board on its own motion or motion by interested parties. The Massachusetts Appeals Court in Cassani v. Planning Board of Hull, 1 Mass. App. Ct. 451, 456 (1973) indicated that "there is much confusion in the law as to whether and to what extent administrative bodies are empowered to modify their own decisions." The court ultimately concluded that the general principles of administrative law did not imply such a power. Further, in Solar v. Zoning Board of Appeals of Lincoln, 33 Mass. App. Ct. 398, 401 (1992), the appeals court ruled that a board was not free to modify a special permit to add an i ownership condition. Applying these authorities to the current matter, neither the Building Commissioner nor the Board of Appeals is free to modify its earlier decisions to impose additional restrictions not contemplated in such prior decisions. Clearly, the Board is without the power to make such substantive changes without the procedural requirements of notice and a public hearing. Moreover, to impose additional restrictions on the original 1957 variance or the -8- i • 1984 special permit would constitute substantive modifications that were not requested by the Applicant. As such, the courts in Huntington, Cassani and Solar indicate the Board is without authority underM.G.L. c. 40A §14 to impose substantive modifications absent a request from the applicant. The Board must therefore abide by its decisions in 1957 and 1984 and allow the Applicant to construct the antennae upon the existing telecommunications tower without • inclusion of the unauthorized special permit requirements included in Building Permit No. 605 issued the by the North Andover Building Commissioner. CONCLUSION Consistent with the above facts and law, the Board of Appeals must overturn the conditions imposed by the Building Commissioner with respect to Building Permit 605 and order the Building Commissioner to issue the Building Permit dated June 22, 2001 and filed at the Building Commissioner's office on June 29, 2001 without conditions. Respectfully suubnfitWd, BenjanrCG.Farnum Bytes attorney, • rancis A.Di una u , BBO#547639 Murtha Cullina Roche Carens & DeGiacomo,LLP 600 Unicorn Park Drive Woburn,MA 01801 Dated: August 13, 2002 -9- • E, EXHIBIT "A" f f f TOIL OP NORTIT AVIDOVER Findings and Decision of the Board of, Appeals as Constituted under Chapter 4OAa Section i4 of the � General Laws of Massachusetts acting under Sec- tion 4 of said Chapter, upon Petition of Massa- chu9etts Institute of Technology dated Jenuary, 1957. A public hearing was held on Mlonday evening, January 28, 1957 at the Town Building in North Andover pursuant to notice duly • given according to law and to the Rules of the Board, upon Petition of Massachusetts Institute of Technology (hereinafter called the "Institute") dated January , 195?: on file with the Board for a special permit for an Exception permitting said Institute: To erect and maintain on a tract of land in the Boston gill area of the Town of ;forth Andover the following: 1. One radar antenna support tower concrete construction eighty-four (84) feet in height surmounted by a sixteen (16) foot driving mechanism upon which will rest a reflector(antenna), one hundred twenty (120) feet wide and thirty (30) feet in height, which in turn will be surmounted . by an IFF antenna two feet in height. The total height of the structure from the ground to the top of the IFF antenna will be one hundred thirty-two (132) feet. 2. One forty (40) foot radar tower surmounted by a twenty-six (26) foot radome. The com- bined height of the tower and radome com- prises sixty-six (66) feet. 3. one sixty (60) foot parabolic reflector mounted on a six-foot pedestal. The total height of this structure will be sixty-six feet. The generators and related equipment • :� i required to Operate the two smaller towers i will be housed in two prefabricated buildings, each of which will have a floor area seventy (70) by forty (4o) feet, totalling 560Q square feet. i The land in question, of which Boston dill is a part, r is located in a Rural Residence District as shown on the official zoning map, dated Tune 25, 1956, as amended, on file with the i Town Clerk.. and plan of the land in question showingthe proposed installation was attached to the Instituters Petition. l I All five members of the Board were present at the hearing. i • The members of the Board are familiar with the location z of the land under consideration and its characteristics, as well as the surrounding neighborhood, On testimony at the hearing, it appeared that the Institute a non-profit oducational institution, is a party to a contract with the United States Air Force, under which is conducted, among other things, research in radar and related electronic fields, towards the and that this country will receive adequate warning in case of attack either by aircraft or guided missile. This research program is considered to be vital to the national Defense program and time is ever of the essence. Since 1951, a number of radar research installations of various sizes, about fifty in all, have been erected and maintained by Lincoln Laboratory of the Institute along the eastern seaboard from Maine to Geor is with � g s . .Particular � concentration of such installations in Massachusetts. At the time of the Petition, plans had been completed whereby Lincoln Laboratory of the Institute was to undertake to erect and maintain another radar research installation, Accordingly, numerous sites were E viewed and studied aloftg the eastern seaboard, garticularly in the -2- New Eng12Md areas before the Boston Bil site inforth Andover was chosen as the most advantageous location for c.ducting this { radar research project.. Many factors entered into this decision, among which Were the following principal ones: s I 1.. The crest of Boston Hill is flat and affords an unobstructed view in- all directions;. I 2.. The surrounding area is- relatively free of habitations theta permitting the exercise of maximum security precautions; and 3.. The site is near enough to Lincoln Laboratory of the Institute, located in Lexington, • ( thus resulting in s relatively smell amount of time j being lost travelling to and from the proposed In- stallation-0. 1 The Institute has entered Into, an informal agreement to lease the premises up= which the research field station is to be located, and it intends to execute a formal lease of the premise 13 I if a favorable decision is issued by the Board. The lease will I provide for a term of six gears with a right of the Institute, at its option,. to renew for a further term of six years. i Further testimony at the hearing brought out the following additions I 'information relating to the concrete antenna support tower, which will be the principal and tallest structure located on top of Boston Kill: i • 1. The tourer Will consist of six floors and it is proposed to make use of the space provided as follows: First floor - Electric power and boiler roma t - Second floor - Display (scope) rocas and � associated equipment Third floor - Laboratory Fourth floor - Receiver equipment ` Fifth floor - Transmitter and air conditioners i Sixth floor - Stara" a i Operating personnel will ordinarily carr7 on their, • I research and experimental work on the lower levels at a height of not more than forty-eight feet above the ground. It Is proposed to erect initially the fare . S oir-g tower and at a later date to erect the two a=113arg towers hereinbefore described: In addition to the towers and portable buildings, the i Institute also proposes to construct a rough access road leading I from Boston Street to the proposed installation and will erect a chain link fence for security purposes around the immediate area. Further test3moa:7 disclosed the following: 1. The• j of a temporary nature proposed In that 3In the event ion a eventthe Board permits the erection of the aforesaid radar towerss I the Institute will enter into a lease for a term of six gears with an option to renew for an additional sic years. At the termination of the lease, the .towers and buildSrgs will be torn down or dismantled and re- moved from the property. 2. The operations to be carried out at the proposed installation will be of a research and ! experimental nature only. No offices or studios will be maintained at the site. 3. The use of the property does not involve manufacturing or result In the emission of odors, f fumes# dusts smokes *Tbration or noises. �. The maximaua number of personnel which will ' be employed or working at the installations after completion of construction, will at no time exceed twenty-five persons, i • 5;. The Institute will not construct or cause to be constructed any residential dwelling or dwell ings on the proposed site. operating personnel will camute from Lincoln Laboratory of the Institute in Lexington. i 6. There should be no Interference with tele- vision reception resulting from the proposed use of the property. The frequencies at which the equipment Will operate are allocated by the Federal Communications Commission.. i 7. No service now furnished to. any or all of the inhabitants i ants of the Town of forth Andover will be required of the Town by the Institute unless the same i are paid for by the Institutes to the Town. y 1. That no more than one tower not exceeding one hundred forty (140) feet in heights with or without reflectorss and no more than two additional auxiliary towers not exceeding seventy (70)Peet in height will be erected, on the site; 2. That no more than two prefabricated buildings to house generators and related • equipment with a floor area not to exceed 5600. square feet will be: erected on the site. 3. That the number of personnel employed or working at the site atter completion of construction will not exceed twenty-five; That no residential dwelling will be constructed or caused to be constructed by the Institute on the site; and 5. That no services now Furnished by the Town to any or all of its inhabitants will be furnished the Institute unless the same are cmVdasatod for by it to the Town. <7 Filed in the office of the Town Clerk ;u&TLY- 3957. �LQRv�R y • CvrA� =,•".� a EXHIBIT "B" •�'V;jYT,^'�'• `:_ P. ... el i• `�rflb.. .•�ii:T J7. 1z a y TOWN 4F NCr,TA �i ANDOVER _ a . SC1AFsB:aJF:APF�,A3'..� _ ._ . —' _ ' . . .._ " • - K=cL.OF'DE€MON x Tia#,z..Fs'.br.�ar�? T?,ite of Heating -•a'eanazY•28. 1957 BeLitias,of m srir m--tts•Tjat-e l c cr mpg-.: :: • . - _. Premises a$ec# Bo stag t crtt.A. udzmr:.•r.;s � _ - -•---. Befema�to t �3••• ae��. �oCa.the reg 'esa�s`e� wtom* gcy La2t�L - _ •` . r �� d ex. . SO as to plSII21t.. h• �,�9-i m of ��r��r �•"�„ . _a=jMrP-:3y to P hPICU in excess of that rem7dtted ba' Section 8 of s:id Zoning gy—LAars end:;tlPd b An- lding Height Pex2d3 ttedo" 1. After a public hearing given on the above date,the Board of Ant eats voted to rt and hereby auth,irke the Building Inspector to issue a rrYlassstebasptts nistitute 'of Teebralla Pet for the f tide sbvs�eiaaei -bzse+cttb�foi�eaniiitiraas: ' Signed: IT or .W T__lr.4 . /� lri2C3:.:�•23, _r_.i C9t't{,� . • - Y Board of tt ppaals <' 7 • e, Any appeal shall be filed K EXHIBIT c ° r „ „ ; .,;....,�� ; within 20days .after the ° date of filing of this Notice ”. "'""'" :�`r In the Office of. t s iss5 ; •,• he Town •'ss Clerk. -- Rci;u� TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS NOTICE OF DECISION Date . . . . q.p j y. .2 3 , 1982 . . . .. . . . . . . ... . . . Petition No.. ?2. .-. .1.8 2. .. . . . . Date of Hearing. . .J u n e 1.4 , 19 82 Petition of . . . . . .5.1c1 J.A.M I"d., c A R N.U,M.. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Premises affected East _si.de, .0f .aos.toR .5tree.t. a.nd. known, .as. .5QAtpp. .H*UI. . . (Title derived from the Estate of John C. Farnum , Essex Probate No . 350363) Referring to the above petition for a ftiMM Attu Vdq dbU g . . .r 14-a,p p 1.i c.a.t i o n u.n de.r. Sect.i on. . 1Q. , . .P.ar.agra.ph. .10...8. o.f. .tbe. .Zo-ai n.g . By. . Law. . . . . . . . . . . . . . soastopermit .thq . gAten_sio.n o.f, the„Special Permit. .an.d .na.me. .cbAlg.tp. .same permit granted in 1957 . After a public hearing given on the above date,the Board of Appear voted to . . . .G R A.N T. . the c h a n.g e. .o f. .n a m e . o.n . .t h e. .19 5.7. And kweby>=thuzi=dace(Bmidmgc 4ss nc to ftw ax decision; l"rMitxW . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. • fox thfx a xi ac abM 2M*;b> . 1M r U W.P:li =x Signed Frank Serio , Jr . , Chairman Alfred E . Frizeile , Esq . , Vice Chairman Richard J . Trepanier , Esq . , Clerk William J . Sullivan . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Augustine W Nickerson . . . Board of Appeals • Any appeal shell be filer- within iledwithin (20) days after the FCr E � R . `. 3? *..� g date of filing of this Noticf D , .- C. a in the Office of the Town MOFti %;-vER Cleric. ii, Jut 12 04 *82 S TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS July 23 , 1982 Benjamin Farnum Boston Hill Petition No . 22- 182 Mr. Daniel Long, Town Clerk Town Office Building North Andover, Mass . 01845 Dear Mr. Long: The Board of Appeals held a public hearing on Monday evening , June 14 , 1982 upon the application of Mr. Benjamin Farnum. The hearing was advertised in the North Andover Citizen on May 20 and 27 , 1982 and all abutters were notified by regular mail . The following members were present and voting : Frank Serio , Jr. , Chairman ; Alfred E . Frizelle , Esq . , Vice Chair- man ; Richard J . Trepanier, Esq . , Clerk ; William J . Sullivan; and Augustine W . Nickerson . The petitioner seeks a re-application under Section 10 , Para- graph 10 . 8 of the Zoning By Law sous to permit the extension • of the Special Permit and name chance to same permit , granted in 1957 on the premises located at the East side of Boston Street and known as Boston Hill . The land in question is the 'subject of a former decision of the Board of .Appeals dated February 20 , 1957. 0n February 2Q, 1957 , upon the petition of Massachusetts Institute of Technology , lessee , the Board of Appeals granted a variance to permit the erection of certain radar towers for research and experimental purposes to a height in excess of that permitted by Section 8 of the then Zonina By Laws , entitled "Building Height Permitted" . Said decision is on file with the Town Clerk . Within the body of the decision , as filed by the Board , on Page 5 , the Board unanimously to "grant a Special Permit as applied for by the Institute in its petition dated January 9 , 1957 upon certain conditions " . • REC IV ED Petition No . 22- 182 OAN1EL LONG Benjamin Farnum TOWN --':I=Rn July 23 , 1982 NORTH "111400VER Page 2 JUL 23 12 04 FM X32 The petitioner has applied to the Board for a Special Permit to clarify and Confirm a use that was already allowed under the 1957 decision on the petition of the Massachusetts Insti - tute of Technology . In a petition to this Board on December 22 , 1981 , there was a determination by the Board to deny Mr. Farnum a Special Permit. That determination made specific findings that "the use of the tower was a non conforming use and a non- • conforming structure" . Subsequent to that denial , Mr. Farnum has again appeared before the Board after receiving timely approval of the Planning Board , at which time he alleged there was a change of circumstance. Specifically, that on April 1 , 1982 , MITRE Corporation , a cor- poration owned by MIT, abandoned the structure to the petitioner who is the sole owner of the land and the structure . Upon a motion made by Mr. Sullivan and seconded by Mr . Frizelle ., the Board voted four to one to grant a change of name on the 1957 Board of Appeals decision . Review and research on the 1957 decision has indicated that the decision was a " atc rice" even though it was erroneously referred to as a "Special Permit" in the body of the decision and in the present and previous petitions to this Board. The Board grants a Special Permit so that the petitioner may now change aspects of the originaT variance grant in a minimal manner. Specifically , attached to the concrete tower there can be antenna and transmitting dishes , not to exceed a total height of 140 feet. These minimal changes would extend the rights already granted by the variance, and clarify the peti - ti oner ' s rights and ability to use the variance originally • grant-ed to MIT . Authority of this Board to act in this manner is derived under the provisions of the North Andover Zoning By Law at 9 . 1 and 9. 2 , and under the Special Permit provisions contained at 10 . 31. This decision essentially clarifies and confirms the variance originally granted . By way of footnote , it is further pointed out that the origianl legal notice on the 1957 variance requested a variance and not a Special Permit. In granting this Special Permit , pursuant to Section 9 . 1 of the Zoning By Law , the Board finds that the proposed change , adding antenna and transmitting dishes to the existing concrete tower not to exceed a total height of 140 feet , is not substantially more detrimental than the existing non-conforming use to the neighborhood. The neighborhood in question is on top of Boston Hi11 , which is presently an R-2 zone . There are no houses abutting the premises , which abuts a GB zone , where the Boston I• Hill Ski Slope operates . f `f . . + RECEIVCD OA?4!E L.^-MG Petition No . 22- ' 82 T0144; RK - Benjamin Farnum NORTHJuly ,:�:uriYER Page 33 , 1982 JX D 12 04 ?M '92 The Board finds that the change is indeed minimal and therefore allowed. Further , the Board, in reviewing the conditions set forth in Paragraph 10. 31 , Subsections (a) , (b) , (c) , and (d) , have been satisfied ; and, more particular , that the use is in harmony with the general purpose and intent of the Zoning By Law, subject to the conditions that only MITRE Corporation , Eastern Microwave , Inc. , and Rollins Cablevision , Inc . be allowed to place said - antenna and dishes on said structure . Said corporations may not lease , sell , or otherwise transfer their rights to any other party . In addition, frequencies normally associated with the residential television reception will not be interferred with Sincerely , BOARD OF APPEALS Frank Serio , Jr . , Chairman AEF/jw • • R EXHIBIT "D" .37 o WJti�t17 �..Kr* (20) days ar$Lr the date of filing of this 1'110tice •�,;s+cxu` in the Office .the ••.,..•• cleft town FEB 2; P F? AIM IN TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS NOTICE OF DECISION Date . . . ..February 21, 1984 Petition No.. .5 84 . . . ... .. Date of Hearing. January 30, 19 8 4 Petitionof . . . . . . . . .. .. . .. . . .. . . . . . . . . .. . .. . ... . .. . . . . . . . . . . . ... . . Premises affected West .side of Bos ton S tree t known as. "Bos ton ,Hill " _ ' . . . . . . .. . . . . . . . . .. . . . .. .. . . . . . . . . . . . Referring to the above petition for a variation from the requirements of the 2 on ing ,By ,LAw Section 10 . 4 and/or, a .Special Permit under .Section ,10 31 . ,, , so as to permit • .the use. of an existing facility for broadcasting purposes .conjointly with others, and the extension of. a .?tructure , After a public hearing given on the above date, the Board of Appeals voted to . . .G=ant_ , the . . . .Special. P ezmi.t. . . . . . . . . . . . . . and hereby authorize the Building Inspector to issue a permit to . extend_ .t-he ,antenna. .tq, a. height. not .to .exceed. 35 _ feet .fggm. its present height for the construction of the above work, based upon the followin;conditions: 1. That only TiTIEV-TV and its successors be allowed to use the--extended antenna. Signed Franc Serio, Jr..,. .Chairmnan ,3lfred. E. . Frizelle, Esq. , 'dice Chairnan : 2:?P l si,a;i ire Ci€Qd wit in (20) days afar the date of filing of this Notice �/_ �� i •� i •"ice �a in the Office of the Town TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS February 21, 1984 Mr. Daniel. Long, Town Clerk WXIEV-TV Town Office Building Boston Hill. North Andover, Mass. 01843 Petition No. 5-184 Dear Mr. Long: The Board of Appeals held a public hearing on Monday evening, January 30 , 1984 upon the application of WNEV-TV. The hearing was advertised in the North Andover Citizen on January 12 and 19 , 1984 and all abutters were notified by regular mail. The following members were present and voting: Frank Serio, Jr. , Chairman; Alfred E. Frizelle, Esq. , Vice Chairman Richard J. Trepani.er, Esq. , Clerk; William J. Sullivan; and Associate Member Walter F. Soule. The petitioner seeks a variance from the provisions of Section 10°.4 and/or a Special Permit under Section 10.31 of the Zoning By Law so as to permit the use of an existing facility for broadcasting purposes conjointly with others and the extension of a structure • on premises located on the West side of Boston Street known as Boston Hill. Testimony provided by the applicant's attorney revealed that the applicant, a Boston TV station, seeks to increase the height of a building located on the site by approximately 30 feet. Currently, there is an antenna on the building (tower) on the site which is utilized by Rollins Cable TV, Eastern Microwave, and by MITR . WNEV-TJ has recently joined with the Lawrence Eagle Tribune in a news gathering effort known as "Yews Exchange" and the application represents their request to use the site to transmit information from the site to Boston. The addition of a dish is proposed by the applicant. Further testimony revealed that the land in question has been before this Board three times. The first petition was in 1957 ween the Board granted a variance to I4IT, which allowed the erection of a a height.rader tower for research purposes to w iciz exceeded than � allowed under the Zoning By Law. The second was a decision in 1982 I WNE-7-TV Boston Hill - Petition No. 5-' 84 � r . : •E" February 21, 1984c 2� i z; Page 2 . which is not relevent to this petition. The third was a decision dated July 23, 1982, when the Board granted an extension of the 1957 permit and allowed a name change to the same permit, subject to the condition tilat only MITRE Corporation, Easter Microwave, Inc. and Rollins Cablevision, Inc. be allowed to use the site. The two 1982 decisions were in the name of Benjamin Farnum, current owner of Boston Hill. The petitioner is now seeking permission to extend the antenna an additional 30 feet and add its name to the list of those corporations allowed to use the site. In accordance with Section 9 .2 (3) of the current Zoning By Law, the proposes in- crease in use, if granted, will not exceed 25 percent. Opposition from two citizens was voiced at the hearing. The Board took the petition under advisement and rendered a decision at a regular meeting held on Monday evening, February 13, 1984 with :4embers Serio, Frizelle, Trepanier, Sullivan, and Soule again present and voting. Upon a motion made by Mr. Frizelle and seconded by sir. Sullivan,_ the Board voted unanimously to grant a Special Permit under Section 10 . 31 of the Zoning By Law to permit the use of the existing facility for broadcasting purposes by WNEV-TV to be used jointly with the companies as set forth in the Board' s decision dated July 23, 1982, being Petition No. 22-182 in the name of Benjamin Farnum, and to allo,,r the extension; and that WNEV-TV be allowed to extend the existing antenna to a height not to exceed 35 feet from its present height on. the premises located on the West side of Boston Street and known as Boston Hill, owned by • Benjamin Farnum, subject to the condition that only WNEV-TV and its successors be allowed to use the extended antenna. ' The Board finds that under the provisions of Section 10 .31 t17e site, Boston Hill, is an appropriate location for the use and structure since the site has been used since 1957 for said use. Further, that as developed under the Special Permit, the use and the extension will not adversely affect the neighborhood since the site is in a remote area and is not located near a road or walkway. In addition, -since the site is in a remote area, there will be no nuisance or serious hazard to vehicles or pedestrians and that there currently exists adequate and appropriate facilities for the proper operation of the use. Sincerely, ./ • Frank Serio, Jr. , Chairman jw • EXHIBIT "E" RECEIVER Any appeal shad he filed DAN EL LONG �>. �;°� within (20) days after the Ti"iWN C#.ERIC ;1c.�� .�� . ,.• ten* date of filing of this Notice NOR.; ,�=L'0YEA : •' is y;•geri . . . in the Office of the Town '�ssu��,. DEC 2q !0 i # �$q h U Clerk TOWS OF NORTH ANDOVER MASSACHUSETTS SOAM OF APPEALS NOTICE OF DECISION Date . . . . December 14 , 1984 petition No.. . ...5 l.-.!8 4. . . . ... . . Date of Hearing. 9!;t o b e r 15 , 19 3 4 Petitionof . . qYN MOBILE COMMUNICATIONS COMPANY AND„BENJAMIN. .FARNUM , Premises affected West side of Boston Street known as. ."Boston lii 1 1 Referring to the above petition for a Sp e.c i a.1.. P e rm i t . . . . u.nde.r . Sect.ion. 10..31—o.f. .th.e . Z.ani.ng. .By. law. . . . . . . . . . . . . . . . . .. . . . . . ... . .. . so as to permit . . hous.i.ng. :fo.r. . communi.catfons . e.qui.pme.nt.. . . . . . . . . . . . . . .. .. . . .. . After a public hearing given on the above date, the Board of Appeals voted to . . 0.ran.t . . . the . . . . . .S p e c i.a 1 . .P e r m i t. . . . . . . . . . . and hereby authorize the Building Inspector to issue a pmt to in;'t'al 1, a,nd. .use• equi pmen.t .i.n . an . a.rea. .gf. .ap.pro.xim.ate.l.y. .2Q'x20 ' on the 5hfloor of existing building and install and use five , 12 ` * • for the construction of the above woez, based upon the followinb conditions: *antennas on top of the building , the size of fishing rods . **That no more than 5 antennas the size of fishing rods with a maximum height of 12 ' be allowed on top of the building. Signed R.i.ch.ard. .J,- •Trepa•nie.r,. .Esq.: ,. Act.i-ng Chai rmar. W.i.l 1.i.a m. .J_S u.l.l i.van. . . . . . . . . . . . . . . . . Wal t.er. F . . .S.o u3.e. . . . . . . . . . . . . . . . . . . Maur.i.ce. .S .. .Eo.ul ds. . . . . . . . . . . . . . . . . Board of Appeals • L NYNEX and Benjamin Farnum DANIEL L;mi; ,Boston Hi 11 " TOWn CLr Petition No . 5I- ' 84 NORTH A,ND,�'yER December 14 , 1984 DEC1 Page 316 S2 b) The , use will not adversely affect the neighborhood. There will be no interference with radio , television or house- hold appliances . It is a safe location and outside in- stallation will consist only of five , small , twelve foot antennas . The rest of the equipment will be in the interior of the existing building . c) There will be no nuisance or serious hazard to vehicles or pedestrians „ This is an off-street location where - there are no pedestrians . There is no traffic and the only vehicles will be for repair and inspection purposes . d ) There will be adequate and appropriate facilities for the proper operation of the use . The building already exists and there will be no outside extensions except for the antennas . The nature of the use in non-hazardous . e ) The use is in harmony with the general purpose and intent of the Zoning By law . The Board finds all of the conditions contained in Sections 9 .1 , 9 .2 and 10 . 31 of the Zoning By Law have been met . See findings of fact and conclusions , above set forth . To grant a Special Permit under the provisions of the Zoning By Law to NYNEX Mobile Communications System and Benjamin Farnum to permit the installation and use of the equipment and antennas as described for the purpose of a mobile communications system is allowed under this Special Permit . Sincerely yours , BOARD OF APPE • -�L. a lc_ZJ Richard J Trepale r , Esq . , Acting Chairman RJT/jw • DANIEL NYNEX and Benjamin Farnum To3Wl, �,, F "Boston Hill " NQR T� •�l;SOV ,q Petition No . 51- ' 84 �f1 December. 14, 1984 l� 084 Page 2 No opposition was voiced at the hearing . The Board voted unanimously to take the petition under advisement. The Board rendered a decision at a regular meeting held on Monday evening , December 10 , 1984. Members Trepanier, Sullivan , Soule , Foulds , and Vivenzio we-re again present and voting . Upon a motion made by Mr. Sullivan and seconded by Mr . Soule , the Board voted four to one with Member Vivenzio voting in opposition to grant the Special Permit subject to the condition that no more than five antennas the size of fishing rods , with a maximum height of twelve feet, be allowed on top of the building. In granting the Special Permit , the Board makes the following findings and conclusions : 1. The Board has the authority to grant the Special Permit under the provisions of the Zoning By Law , Sections 9 .1 , 9 .2 , 10 .22 , and 10 . 31 . 2. The application requests a minimal extension of the use already permitted. Almost all of the equipment will be installed in a small portion of one floor of the existing building . The use will cause no inconvenience , disturbance or interference with neighbors , the district or the community-at-large . The use .will serve the public convenience and welfare . 3 . The minimal extension will not be substantially more detrimental than the existing non-conforming use to the neighborhood. 4. The provisions contained in Section 9 .2 are satidfied : a ) The change can be approved by Special Permit . b ) The change will be on the same lot . c ) The change will virtually be all interior use and will not require construction exceeding twenty five percent . d ) The economic life of the use will not be extended , since the building exists and will not be substantially changed. 5 . Reference is made to the conditions set out in Section 10 . 31 for the approval of a Special Permit . All the conditions are found to be met : a ) The site is an appropriate location for the use . The height of Boston Hill is appropriate for installation of cellular mobile equipment . REC c �dRiEL r�3R� TC',Vk Any appeal shall be flied NCRTR.4 L� <".°:°'.';o within (20) days after the Qft. date of filing of this Notice �� S3 48q ` • in the Office of the Town i Clerk. TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS . December 14 , 1984 r r. Daniel Long, Town Clerk Town Office Building North Andover , Nass . 01845 Re : NYNEX ;lobi leCommuni cations Company and Benjamin Farnum 'gest side of Boston Street known as "Boston Hill " Petition No . 51- ' 84 Dear Mr. Long: The Board of Appeals held a public hearing on Monday evening , October 15 , 1984 upon the application of NYNEX Mobile Communi- cations Company and Benjamin Farnum . The hearing was advertised in the Lawrence Eagle Tribune on September 29 and October 6 , 1984 and all abutters were notified by regular mail . The following members were present and voting: Richard J . Trepanier , Esq . , Acting Chairman ; William J . Sullivan ; Walter F . Soule ; Maurice S . Foul ds ; and Raymond A. Vivenzio , Esq . • The petitioners seek a Special Permit under Section 10 .31 of the Zoning By Law so as to permit housing for communications equipment in an approximate 20 foot by 2.0 foot room on premises located on the Wast side of Boston Street known as "Boston Hill " in the R-2 Zoning district . Testimony revealed that the petitioners seek permission to allow NYNEX to install and use equipment in an area of approximately twenty feet by twenty feet on the fifth floor of the existing building located on the site and to install and use five , twelve foot antennas (the size of fishing rods ) on the top floor of the building for the purpose of offering to theP ublic mobile cellular telephone service . Further testimony revealed that after installation , the presence of any personnel will not be required. • EXHIBIT "F" pORTp �sswc„usr't TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS • Notice is hereby given that the Board of Appeals will hold a public hearing at the Town Hall Library located at the rear of the Town Hall Building, 120 Main Street, worth Andover, MA. in the Town Hall Library on Tuesday the 10 th day of December 1996 at 7:30 o' clock P.M. to all parties interested' in the appeal of Sprint Spectrum L.P. requesting a Special Permit pursuant to Section 9, paragraph 9.2 for installation of wireless telephone communication antennas, Table 2 of the Zoning Bylaw, for the purpose to extend non- conforming use. Said premise is located at ,Boston Hill Road which is in the R-2 Zoning District for the purpose of installing wireless telephone communication antennas. Plans are available for review at the Office of Community Development & Services, Town Hall Annex, 146 Main Street. By the Order of the Board of Appear William J. Sullivan, chairman TOWN OF NORTH ANDOVER *, MASSACHUSEM BOARD OF APPEALS Notice hereby given Publish Lawrence Eagle Tribune 11.22.96' & 11•,-27.96 :qn Bip d of Appeals: -win hold a pubit¢hearing • •adted at the rare o�te 'Town Hail Building, 120 -Main street, North '.Andover,INA In the Town -Hail Ubtary on Tuesday -1ha 10th of Decerw ler 1996 gat:20 o'clock -P%L to all parties interest- led in the appeal of Sprint :Spectrum LP.w't itiesting a Special Permit pursuant -to•Section 9. paragraph 19,2 for-installation of wire- -leis tolephorW communi. kation antennas.Table 2 of .-ft Zoning Byiaw,br the purposeto extend non- .conforming use. Said prenuse is located -Boston Hill Road which 1s m the R-2 Zoning Distric1 40r the purposed installing wireiess telephone com-.. munication antennas. tans are available for review at the Office of -Community Development "&`Services, Town Hall :k4nex,146 Main Street. t • ., By the order of the .' Board of Appeals ' Witriam l Sullivan. ' Chairman ' w.� w _..ww •,MSC RECEIVED 1oYCE BRADSHAW TOWN CLE0 NaRTh NORTH ANDOVER FEB1 Ol ��wtsws¢t� TOWN OF NORTH ANDOVER MASSACHUSErrS BOARD OF APPEALS f.any appVa! be filed pitA Sprint Spectrum (201 days ;ter the 5 Boston Hill date of filing Of this Notice in the Office of the Town Hearing Date: 12/10,1/14,2!11,197 Clerk NOTICE OE D +. _iS7ON Decision Date: 2/24197 BOA D !QF APPEALS TOWN OF NORTH ANDOVER MASSACHUSETTS The Board of Appeals held a public hearing on Tuesday evening,December 10, 1996, which public hearing was continued on January 14, 1997,and February 11. 1997, on the application of Sprint Spectrum LP. for a Special Permit under Section 9 of the By- Law. The hearing was duly ad-mrtised, and all the abutters were notified. The following members were present-and voting: Walter F. Soule,Acting Chairman,Robert Ford,John Pallone,Ellen McIntyre, and Scott Karpinski. _ TEe Petitioner seeks a Special Permit under Section 9.2 of the By-Lau so as to extend a prior non-conforming use by the attachment of two antro=arrays for operating a Personal Communication System(PCS)wireless telecommmications network to the outside face of the existing structure,as well as insWlation of communications equipment within the existing structure, located on the west side of Boston Street known as Boston Hill in the R-2 zo.ling di„trice. Testimony revealed that the Petitioner is the holder of license granted by the Federal Communications Commission to construct and operate a PCS network in the area, and that a Special Permit is sought to install and use equipment in an area of approximately 16 feet by 13 feet on the second floor of the existing building located on the site and to install and use up to eight antennas located on two mounting brackets on two sides of the building. At this time, it appears that two antennas Aill be mounted on each location.and if demand so warrants,two additional antennas can be mounted on each structure in the future, bringing the total number of antennas on the two mounts to eight. Further testimonv revealed that after installntinn. they.,ro-v,..,e X W f f r` one citizen `vas voiced at the first public hearing,however, that opposition utas withdrawn at the second public hearing. Testimony produced by the application's representatives and attorneys,and the owner,Benjamin G.Farnum,and his attorney,revealed that the site in question is used for telecommunication purposes, a non-conforming use in a residential zone, and that the site consists of approximately a 9.45 acre parcel of land with several pre-existing non- conforming buildings and structures thereon. The pre-enlisting non-conforming buildings include a concrete tower with a height of 84 feet with antennas thereon, and several • smaller one story wood and steel structures. There are presently antenna arrays and dishes located on the building and the site owned by Mr.Farnum, and his lessees,Rollins Cablevision, NYNEX, WNEV-TV,Mitre Corporation,and North Andover Civil Defense. The land and structures in question have been the subject of at least four prior decisions of the Hoard. The Board granted a variance in 1957 to permit the construction of a structure exceeding the then height limitation of the By-law. The use of the site for telecommunication towers was then a permitted use in a residential zone. The present structures on the site w=built in the late 1950's and were utilized for telecommunication purposes by MIT Mitre Corporation. In 1982, the Board issued a special permit to Benjamin Farnum confirming the non-conforming use of the site for telecommunication purposes, and permitting Mr. Farnum to add antenna and transmitting dishes to the existing concrete tower not to exceed a total height of 140 feet. In February, 19841,the Board allowed a special permit to NVNEV-TV to extend the height of the tower and antenna by 30 feet, specifically finding that this ev. ension was within the limits of a 25%0 limitation on expansions of the prior non-conforming use unposed under the By- law. In December, 1984, the Board allowed a special permit to NYNEX Mobile Conununications and Mr. Farnurn,allowing NYNEX to construct an approximately 20 foot by 20 foot interior room within,the existing concrete tower to house its equipment, • and to attach and use five antennas on the top of the building. In approving the NYNEX special permit, the Board specifically found that"the site is in an appropriate location for the use [and] [t]he height of Boston Hill is appropriate for installation of cellular mobile -- .- equipment." Testimony was also received that as of 1972,the date upon which the existing use became non-conforming,the following,among others' was in use at the site and on the existing structure: one radar antenna support tower of 84 feet in height-with a reflector antenna 124 feet wide and 30 feet in height, with a total height of the entire structure being 132 feet. 'rhe Board further received a summary of the Federal Telecommunications Act of 1916. This law provides that local boards cannotP rohibit,or have the effect of prohibiting, the provision of personal wireless services and may not unreasonably • discriminate among providers of functionally equivalent services. f Furthermore,although the Federal Telecommunications Act of 1996 prohibits the board from regulating personal wireless service facilities on the basis of environmental affects of radio frequency emissions, the Petitioner produced and submitted a report by Donald L.Hoes,Jr.,MS, Consulting Health Physicist showing the background RF ;cposure in the vicinity of the tower is well within levels determined to be safe by federal and state regulations. The provisions of Section 9 of the By-law,regulating non-conforming uses, contains the following requiremerns: • • A special permit is required in order to extend or enlarge a prior non- conforming use; • The Board must rind that"such change,extension,or alteration shall not be substantially more detrimental than the existing non-conforming use to the neighborhood"; • "Such change shall be permitted only upon the same lot occupied by the non-conforming use ori the date that it became non-conforming"; • "Any increase in volume, area,or extent of the non-conforming use shall not exceed an aggregate of more than 25%of the original use";and • "no change shall be permitted which tends to lengthen the economic life of the non-conforming longer than a period reasonable for the amortization of the initial investment". Qcrtain members of the Board also viewed the site and tate surrounding neighborhood. The Petitioner also submitted a plot plan showing the entire site. • Communication was also received from the Fire Department relating to the structure's compliance with safety regulations. At its February 1 I, 1997 meeting, the Board closed the public hearing,and upon proper motion, duly seconded,the Board voted to grant the special pcnnit to Sprint Spectrum, making time following findings and conclusions: 1. The Board has the authority to grant the ficial permit.under the provisions of Section 9 of the Zoning Bylaw. 2. The alteration of the pre-existing structure by construction of a small room on the second floor thereof to house equipment,and the attachment of the two antenna arrays to the outside of the building,will not be substantially more detrimental to the neighborhood than the existing nonconforming use • and structure. Members of the Board have viewed the existing structure and the surrounding neighborhood,were shown examples of antennas Sprint will attach,and have reviewed the engineering drawings of the Proposed attachment by Sprint. In addition,there are no lhouses in the immediate neighborhood,and Sprint Spectrum's attachments will not be substaritially more detrimental to the neighborhood. 3. The ch2n9elalteration will be on the same loteas the pre_=istins nonconforming use and structure. 4. The Board has=amined the Sprint Spectrum's proposed attachment in light of the limitation of a 25%increase in the extent of the prior nonconforming use in a number of ways and using several methods of calculthese sting the 251 limitation, and has determined that based on any of MCdXKIS Of interpreting the 25% limitation, Sprint Spectrum's attachment will not exceed that threshold. For example.. (a) TIc Petitioner provided a series of calculations of the total square footage of the four faces of building, which equals approximately 12,000 square feet. The arra of the antennas already attached to the building,as well as the area of the tower structure on the r004 IW approximately squareeet, or a 1,376 fapproximately A_ PP y 11.2z o of the LOW arca. The Petitioner antenna Sys will total approximately 96 square feet, and bring the total antenna square footage to aPproximately 12% of the total area, which is less than the 25%limitation. (b) The square footage of antennas allowed and in use on the tower as of 1972 when the use became nonconforming appears to have totaled aMrom- mately 3,600 square feet. The existing antennas ars caicuiatod to total approximately 1,376 square feet,and with the addition of Sprint Spectrum's antennas, would total approximately 1,472 square feet,which is less than the extent of use ' in 1972. Therefore, by this method of calculation,the addition of the Petitioner's antenna arrays would not even reach the baseline ----establishcd in 1972, let alone result in any increase approach the 25%limitation. Notwithstanding the foregoing,the Board is not maL-ing any finding under§9.4 of the By-law as to whether the full extent of the 1972 non-conforming use is available to the site owner at this time. (c) The misting structure is slightly in excess of 36 feet by 36 feet. A 25% increase in each dimension would allow the attachment of antennas to the face of the building such that the total volume of the building did not increase by more than 25%. The Petitioner's attachments,it was reported, could be accomplished within this volumetric limitation. Based on all of these methods of calculating the 25% limitation expansion, the Board finds that the Petitione_r's on the 25%limitation. At this time,the Board is not proposal will not c,xcted any one required method for calculatin co determining that there is anly that the Petitioner's t S �'with a 25% limitation, does not exceed the limitation. S• The gnomic life of the pre-existing and nonconfo ' Will not be extended, since the building isrs and� �"�uselstructure will not be substantially 6. The use is in harmony with the general Purpose urPo and intent of the and adequate and appropriate facilites exist f $y-law, or the Prop'ope:anon of the use. The spial permit is Scanted upon the followingconditions: ons: I- In the event that any of the structurclantennas herein used or ncr�'ssarY for its stated allowed are no longer Pose,they shall be removed by the applicant or landowner. 2' Operation of the antennas will not co , ifassachusetts D manence until approval by the the Board.- of Health has been obtained and transmitted ro 3. Construction plans showing the antennas as co nsMicted sg inspector. hall be submitted to the building by the Petitioner . 4 Prior to issuance of a buil ' lg pernut for any construction or dation Of equipment or telecommunication devices in iu� or on the building, the Board shall be furnished with an on the structure identifying t g of antennas already existing yeach unit'and its owner and stating whether it is in cutnat use and operation, which accounting shall be ct rdf!L b the land owner. y 5. This s special pint applies to only the two antenna s identified _ Petition,including the tams submitted therewith. hernsta tit the contemplated E-__ Y further installation P require separate application to this Board for a special Pcrnut D.�'elG4 %�� acs 1tio. !��i 1:eP /1 ew- 2�22¢ LLz�6.0& Board of Appeals /!r!!!` 1 r Walter F Soule, vice chairman EXHIBIT "G" RcGEi1'=1) JOYCE 2RAMHAW TOWN CLEf.K ca°;'� '••;"o NORTH ANDOVER Quc l5 4 35 aY '91 s < s�cHusE TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS NOTICE OF DECISION Property: Boston Hill Rd Omnipoint Communications Dare: 8- 5-9 Boston.Hill Rd Petition# : 024-97 North Andover, MA 01845 Date of Hearing: 8-12-97 The Board of Appeals held a regular meeting on Tuesday evening, August 12, 1997 on the petition of Omnipoint Communications of 705 Miles Standish Blvd., Taunton MA. Requesting a Special Permit under Section 9, Paragraph for the installation of wireless telephone communication antennas, Table 2 of the Zoning Bylaw. The purpose is to extend the use of' a non-conforming structure in the V-R District. The premise is located at Boston Hill Road. Affected is property with frontage on the West side of Boston St., and Boston Hill Road. Members voting : William Sullivan, Walter Soule, Robert Ford, Ellen McIntyre. Upon a motion by Walter .Soule, seconded by Robert Ford to Grant the Special Permit as requested according to Section 9, Paragraph 9.2 to install wireless antennas to a non-conforming structure on Boston Hill in the V-R District. The vote was unanimous. Voting member: William Sullivan, Walter Soule, Robert Ford, and Ellen McIntyre. The hearing was advertised in the Lawrence Tribune on 7.29.97 and 8.4.97, all abutters were notified by regular mail. The Board finds that the applicant has satisfied the provisions of Section 9, Paragraph 9.1 of the Zoning Bylaw and that such change, - . extension or alteration shall not be substantially more detrimental than the existing non-conforming structure to the neighborhood. BOARD OF APPEALS, William Sullivan, Chairmat EXHIBIT "H" c • �� ' R£�,"�;'is w , 1flE ERAGEii TOWN CLERK M NflRTN ANDOVER TOWN OF NORTH ANDOVER Dull 3 u8 MASSACHUSETTS BOARD OF APPEALS Any appel stud be flied vWWn(20)dep after the - dete of filing of this Notice • in the Offit a of the Town Clerk. NOTICE OF DECISION PROPERTY: Boston Hill E. S Drint S m LP. DATE:8!1/98 ADDRESS: 1 Intemationai Blvd, Suite 808 HE�'!ING: 011-98 Mahwah. New Jersey HEARING4114198,8 5/19198 The Board of Appeals held a regular meeting on Tuesday evening, from 9 ,1998, menu of n the application of Sprint Spectrum, LP.., requesting a Special Permit Section 9, Paragraph 9.2, of Table 2,to amend condition#5 of petition#040-96,to allow the alteration of the southeast bracket to achieve correct alignment for gamma directional. The following members were present: William J. Sullivan, Walter F. Soule, Robert Ford, Ellen McIntyre, George Earley. The hearing was advertised in the Lawrence Tribune on 3/31/98 &4/7/98 and all abutters were notified by regular mail.. Upon a motion made by Waiter F. Soule, and seconded by Robert Ford, the Board of Appeals voted to grant a Special Permit for alteration of the southeast bracket to achieve correct alignment for gamma directional in accordance with the plan dated February 17, 1998. Voting in favor. Wiliam J. Sullivan,Walter F. Soule, Robert Ford, Ellen McIntyre. George Earley- abstained from voting_ BOARD OF APPEALS William J. Sullivan, Chairman Zoning Board of Appeals /decoct/9 I , i •' fir. N r .. EXHIBIT "In LEGAL- NBTtC�: ,Mmo- NOM AndOW84VA W W%i UW 3.SCOffPunic ' NoiiCE.. kAwaNG BOM In accordam•vAh'sm womians of CINOW.40A. section S. ALGj—,the WO Andy- 80ud y0 hold a;-p+bNc heating i X . AW 11, 1946 at '*-M P.m; at fere Nor th p at AudDOPWO Pubi Worim r sweet,far the p"MOSS of ung-amwWhV to ZWOM 2.65 Permit C,rarttin9 AttetwrW of- f tfte tZo ng�" by �aVdifidtrele S � . F 1i- ties' after the worts Watershed Protection OwAcr- And amending Sec- Son 8.3 Site Plan Review of the Zoning Syl" by adding Me tofiovnng fe"- -sttucfion(a,any new wue- I bee r an a ty as set forth In S01:90h , Use ROgulz- dws- SAS)(f) tf the site Pian mew awkawn is for the Constructon of any now w pu elms r.,Nvcg facility on aoUslY p9gmitted facility as set fourth in Sec- tion 8.9(3)(a)9") Wtrem" Samos FaahtieS USM 809- ulations, the intormation required by Section 8.9(5) must also be subtmiW- "awer imm moo sutm* tat Mquinursents d it finds that such h to mason is not needed for a thorough review of a poimsed P- sonaf witsiess "tv'ce udw- Ot ttw mzt may be irtspeoted at the North anning B"'d Otfice. 10P School Street. dug die trouts of 8:30 a.m. - 4'3 PA. Monday though Ridw Wterasted or,�, ng�o be heard on the subject Should awo" m the Ono and place des' Rktmd S. PAWOM North Arm Piannbt9 E-T—gpcif 6;13.1998 a An soon by-law,13. y of this by a , or portion thereof declared nivand shall, not affect the validity or application of the remainder of the by-law: (Section 8.8 created and approved May 6, 1996 Anwal Town Meeting,Article 22) Section 89 Wireless Service Facilities 1) Purpose a) It is the express purpose of this Bylaw to minimize the visual and environmental impacts • as wen as any potential deleterious impact on property value, of wireless service facilities upon properties located within the Town or adjacent thereto. No wireless service facility shall be placed, constructed or modified within the Town without first obtaining site plan approval from the Special Permit Granting Authority (SPGA). The Planning Board shall be the Special Permit Granting Authority for the issuance of a special permit to allow the placement, construction and modif cation of wireless service facilities within the town This bylaw is intended to be used in conjunction with other regulations adopted by the Town, and other zoning and general bylaws designed to encourage appropriate land use, environmental protection, preservation of North Andover's rural character and the provision of adequate infrastructure development in North Andover. b) The regulation of wireless service facilities is codssisttent with the purpose of the North Andover Zoning Bylaw and planning efforts at the local government level to further the conservation and preservation of developed, natural and undeveloped areas, wildlife, flora and habitats for endangered species;protection of the natural resources of North Andover, enhancement of open space areas and respect for North Andover's rural character. 2) Definitions: a) Above Ground Level (AGL). A measurement of height from the natural grade of a site to the highest point of the structure. b) Above Mean Sea Level (AMSC). A uniform point from which height above sea level (or zero elevation) can be measured. c) Antenna. The surface from which wireless radio signals are sent and received by a wireless service facility. d) Camouflaged. A wireless service facility that is disguised, bidden, part of an existing or proposed structure or placed within a preexistent or proposed structure is considered to be "camouflaged." 125 0 e e) Carrier.A company that provides wireless services. f) Co-location. The use of a single mount on the ground by more than one carrier(vertical co-location)arid/or several mounts on a preexistent building by more than one carrier. p,) Cross-polarized (or dual-polarized) antenna. A low mount that has three panels flush mounted or attached very close to the sbafl. h) Elevation.The measuun2nent of height above mean sea level. j i) Environmental Assessment (EA). An EA is the document required by the Federal ! Communications Commission(FCC) and the National Environmental Policy Act(NEPA) when a wireless service facility is placed in certain designated areas. - 1 j) Equipment Shelter.An enclosed, structure, cabinet, shed or box at the base of the mount l within which are housed batteries and electrical equipment k) Functionally Equivalent Services,. Cellular•, Personal Communication Services (PCS), 4 Enhanced Specialized bl obile Radio,Specialized Mobile Radio and Paging. GPS. Ground Positing System by satellite location of antennas. m) Guyed Tower. A lattice tower that is tied to the ground or other surface by diagonal cables. n) Lattice Tower. A type of mount that is self-supporting with multiple legs and Cross bracing of structural steel. o) Licensed Carrier. A Company authorized by the FCC to construct and operate a commercial mobile radio service system. p) Monopole. The type of mount that is self-supporting with a single shaft of wood steel or concrete and a platform(or racks)for panel antennas arrayed at the top. q) Mount. The structure or surface upon which antennas are mounted, including the following four types of mounts: (1) RoofMounted:Mounted on the roof of a building. (2) Side-mounted:Mounted on the side of a building (3) Ground-mounted:Mounted on flee ground. (4) Structure-mounted:Mounted on a strucwre other than a building. r) Omnidirectional(whip)antenna.A thin rod that beams and receives a signal in all directions. 126 I0 -_ s) Panel Antenna.A flat surface antemua usually developed in multiples. t) PCS. Communications Services.These are broadband radiowave systems that operate at a radio frequency in.the 1850- 190©megahertz range. u) Radiofrequency(RF)Engineer. An engineer spe ialh ng m' electric or microwave engmeerm& especially the study of radio frequencies.* v) Radiofrequency Radiation(RFR).The emissions'from wireless service facilities as defined in the FCC Guidelines for Evaluating the Eav*onmentatEffects of Radiofrequency Radiation(FCC Guidelines)or any other applicable FCC guidelines and • regulations, w) Security Barrier.A locked impenetrable wad,fence or berm that completely seals an area from unauthorized entry or trespass. x) Separation.The distances between one array of antennas and another array. y) Utility.A system of wires or conductors and supporting structures that functions in the transmission of electrical energy or communication services(both audio and video) between generating stations, sub-stations, and transmission lines or other utility services. z) Wireless Service Facility.Facilities used for the principle purpose of commercial or public wireless communications uses,such as cellular telephone services, enhanced specialized mobile radio services, microwave communications,wireless communications services, paging services and the Ince, as defined in Section 704 of the Federal Telecommunications Act of 1996, as amended. Such facilities shall include towers, antennae, antennae support structures, panels, dishes and accessory structures. aa)Wireless Services. The three types of services regulated by this Bylaw: commercial mobile radio services, unlicensed wireless services, and common carrier wireless exchange • access services. .. 3) District Regulations a) Use Regulations: A wireless service facility shall require a building permit in all cases and may be permitted as follows: i) The carrier must demonstrate that the fiva ity is necessary in order to provide adequate service to the public. h7 A wireless service facility may locate as of right on any Basting guyed tower,lattice.. 127 tower, monopole or electric utility transmission tower for which a special permit issued under this Section 8.9 is in effect,provided that the new facility shalt first obtain site plan review approval from the Planning Board and , provided further that any new facility shall not exceed the terms and conditions of the special permit in effect for the existing facility on which it is to be located. No wireless service facility shall be located in the Town except upon issuance of a spm Pmt in accordance with Section 10.3 of this Bylaw. Such a facility may be Iocated in any zoning district in the Town,provided that the proposed facility saris les all of the r�set forth in this Bylaw. b) Location:Applicants seelang approval for wireless service facilities shall comply with the following: i) If feasible, wireless service facilities shall be located on preexistent structures, including but not limited to buildings or structures, preexistent telecommunications facilities, utility poles and towers, and related facilities, provided that such installation preserves the character and integrity of those structures. In particular, applicants are urged to consider use of preexistent telephone and electric utility structures as sites for one or more wiiieless service facilities. The applicant shall have the burden of proving • that there are no feasible preexistent structures upon which to locate. n) If the applicant demonstrates to the satisfaction of the SPCA(Special Permit Granting Authority) that it is not feasible to locate on a preexistent structure, wireless service facilities shall be camouflaged to the greatest extent possible, including but not limited to: use of compatible building materials and colors, screening, landscaping, with natural and/or artificial plantings (as indicated through site 'pian review), and placement within trees. iii) The applicant shall submit documentation of the legal right to install and use the proposed facility mount at the time of application for a building permit and/or Special Permit. c) Dimensional Requirements: Wireless service facilities shall comply with the following requirements: i) Height, General Regardless of the type of mount, wireless service facilities shall be no higher than ten feet above the average height of buildings within 300 feet of the proposed facility. In addition, the height of a wireless service Lu ity shall not exceed by more than 10 feet the height limitations of the zoning district in which the facility is proposed to be located, unless the facility is completely camouflaged such as within a flagpole, steeple, chimney, or similar structure. Wireless service facilities may locate on a building that is legally non- conforming with respect to height, provided that the 128 facilities do not project above the existing building height. ii) Height, Ground-Mounted Facilities Ground-mounted wireless service facilities shall not project higher than ten feet above the average building height or, if there are no buildings within 300 feet, these facilities shall not project higher than tea feet above , the average tree canopy height, measured from ground level (AGL). If there are no buildings within 300 feet of the proposed site'of the facility, all ground-mounted wireless service facilities shall be surrounded by dense tree growth to screen views of the facility in all directions. These treesmay be existing on the subject property or planted on site. : iii) Height, Side-and Roof-Mounted Facilities Side-and roof-mounted wireless service facilities shall not project more than ten (10) feet above the height of an existing building or structure nor project more than ten (10)*feet above the height limit of the zoning district within which the facility is located. Wireless service facilities may locate on a building that is legally non-conforming with the respect to height, provided that the facilities do nQt project above the existing building height. iv) Height, Preexistent Structures (Utility) New antennas located on any of the following structures existing on the effective date of this bylaw shall be exempt from the height restrictions of this bylaw provided that there is no increase in height of the existing structure as a result of the installation of a wireless service faciliity: Water towers, guyed towers, lattice towers, fire towers and monopoles. v) Setbacks All wireless service facilities and their equipment shelters shall, comply with the building setback provisions of the zoning district in which the facility is located. In addition, the following setbacks shall be observed. (1) In order to ensure public safety, the minimum distance from the base of any ground-mounted wireless service facility to any property line, shall be 2x the height of the facility/mount,including any antennas or other appurtenances. This setback is considered the"fall zone". In addition, a minimum setback of 300 feet from any habitable dwelling or business is required. (2) In the event that a preexistent structure is proposed as a mount for a wireless service facility, the setback provisions of the zoning district shall apply.In the case of the preexistent non-conforming structures, wireless service facilities and their equipment shelters shall not increase any non-conformity. (3) The SPGR may reduce the required setback distance by as much as 50%, if such set back provides adequate safety, promotes co-location or improves design, and will not significantly impact the character and appearance of the neighborhood. In making a request for a reduced setback, the manufacturer or qualified licensed 129 I• designer shall certify that the tower is designed to collapse upon itself in the event of failure Y . The SPGA may allow reduced setbacks as necessary to allow for the use of an existing structure. 4) Design Standards a) V-hility%Camouflage Wireless service facilities shall be camouflaged as follows Q Camouflage by Fadsting Buildings or Structures (1) When a wireless service facility extends above the roof height of a budding on • which it is mounted, every effort shall be made to conceal the facility within or behind preexistent architectwrai features to limit its visibility from public ways. Facilities mounted on a roof shall be stepped back from the from facade in order to limit their impact on the building's silhouette. (2) Wireless service facilities which are side-mounted shall blend with the preexistent builds,arcchitecture and, if over 5 square feet, shall be shielded with material which is consistent with the design features and materials of the building. iu') Camouflage by Vegetation. If wireless service facilities are not camouflaged from public viewing areas by existing buildings or structures, they shall be surrounded by buffers of dense tree growth and uaderstory vegetation in all directions to create an effective year-round visual buffer. Ground-mounted wireless service facilities shall provide year-round vertical evergreen vegetated buffer of 50 feet, or 75% of the overall height of the structure, in all directions. Trees and vegetation may be existing on the subject property or installed as part of the proposed facility or a combination of both Vegetation should be natural in appearance and consistent with surroundings. iii) Calor • (1) Wireless service facilities,which are side-mounted on buildings, shall be painted ' or constructed of materials to match the color ofthe building material directly behind them. (Z) To the extent that any wireless service facilities extend above the height of the vegetation immediately surrounding it,they must be painted in a light gray or light blue hue which blends with sky and clouds iv) Equipment Shelters Equipment shelters for wireless service facilities shall be designed consistent with one of the following design standards: . (1) Equipment shelters must be located in underground vaults;or 130 • (2) designed consistent with traditional materials, color and desiga of the area, or to the h e year landscape buffer,equal { effective(3) camouflaged behind an Y . perurittiag of the proposed Wding, and/or wooden fence acceptable to the authority b) Lighting and signage the Federal Aviation I) Wireless service facilities shall be ht only if requiredby other des on Administration(FAA). Lighting of equipment structures and any site shall be shielded from abutting properties. Them shall be total cutoff of all light at theproperty lines of the parcel to be developed,and foot-candle measurements at the property line shall be 0.0 initial foot-candles when measure at grade. u) Signs shall be limited to those needed to identify the property and the owner aid warn j contain any signs or other devices for of any danger. No tower or other facility shalt of Section the purpose of advertisement. All signs shall comply with the requirements or LightingR ations of this bylaw. 6; Signs and Outdo iii) All ground mounted wireless,service facilities shall be surrounded by a security barrier thorized climbing or other access by the Public. and shall be protected against unau c) Historic Buildings i wireless service facilities located on or within a historic structure shah nalter features, distinctive construction methods,or origin historic the character-defining - - materials of the building- u') Any alteration made to a historic structure to accommodate a wireless service fid&Y shall be fully reversi Wireless service facilities within an historic district shall be concealed within four behind � m7 W are not Visible existing architectural.features, or shall be located so that they public roads and viewing areas within the district. iv) The F storic District Commission must review all appropriate facilities. d) Scenic Landscapes and Vistas 7 NIf the is loud o facility shall be located within 300 feet of a Scenic Road- •ons described elsewhere farther than 300 feet from the scenic road,the height rE:guiati in this Bylaw shall apply. 131 u7 Wireless service facilities shall not be located within open areas that are visible from public roads, recreational areas or residential development. As required in the Camouflage section above, all ground mounted wireless ess surrounded es mer othat aref of camouflaged by g buildings or structures shall dense tree growth. e) Environmental Standards ciiities shall not be located in wetland resource areas. Locating of i) Wireless services fa wireless facilities in wetland buffer areas shall he avoided whenever possible and • disturbance to wetland buffer areas shall be minimi a All Conservation Commission regulations and procedures must be followed. n7 No hazardous waste shall be discharged on the site of anypersonal wireless service facility.If any hazardous materials are to be used on site, there shall be provisions for full containment of such materials. An enclosed Containment area e shall be materials provided with a sealed floor, designed-to contain at least 110%of E stored or used on site. Applicant must comply with all federal, state and local regulations governing hazardous materials. �--) Storm water run off as a result of the wireless&dHtY shall be contained on-site and tions as applicable. comply with the DEP Storm Water Management iv) Ground-mounted equipment for wireless service facilities shall not generate acoustic noise in excess of 50 dB at the security barrier. I v Roof-mounted or side-mounted equipment for wireless service facilities shall not generate noise in excess of 50 dB at ground level at the base of the building closest to the antenna. f) Safety Standards • Standards. All equipment proposed for a i) Radiofrequency Radiation (ItkR) or Evaluating type ' wireless service facility shall be authorized per the FCC Guidelines f other Enviromnental Effects of Radiof wpency Radiation (FCC Guidelines) or any applicable FCC guidelines and regulations• ill Structural Integrity.The applicant shall provide certification by a structural engineer sound for the propos that the wireless service facility is structurally . 5) Application Procedures a) Special Permit Granting Authority (SPGA). The Special Permit Circa g Authority" 132 (SPGA)for wireless service facilities shall be the Planning Board. b) Pre-Application Conference. Prior to the submission of an application for a Special , Permit under this regulation, the applicant is strongly encouraged to meet with the SPGA ! at a public meeting to discuss the proposed wireless service&cTq in general terms and to clarify the filing requirements. 4 } c) Pre-Application Conference Filing Requirements.. The purpose of the conference is to inform the SPGA as to the preliminary na=e of the proposed wireless service balky. As such, no formal filings are required for the pre-application conference. However, the applicant is encouraged to prepare sufficient preliminary architectural and/or engineering drawings to inform the SPGA of the location of the proposed facility, as well as its scale and overall design. d) Application Filing Requirements. The following shall be included with an application for a Special Permit for all wireless service facilities: i) General Filing Requirements (1) Name, address and telephone number of applicant and any co-4pplicants as well as any agents for the applicant or cb-applicants. A 24-hour emergency telephone contact number shall be included for use during construction as well as operation of the wireless cowdation facility. (2) Co-applicants may include the landowner of the subject property, licensed carriers and tenants for the wireless service facility (3) Every application for a wireless service facility Special Permit shall include at least one licensed carrier and the owner of the land as an applicant or a co-applicant. (4) Original signatures are required for the applic=and all co-applicants applying for t♦ the Special Permit If an agent represents the applicant or cc-applicant, an original , signature authorizing the agent to represent the applicant andlor co-applicant is required. Photo reproductions of signatures will not be accepted. All other filing requirements in the Zoning Bylaw and the Rules and.Regulations as applicable must be complied with. u) Location Filing Requirements (1) Identify the subject property by including the name of the nearest mad or roads, street address,and Assessors Map and Parcel number of subject property 133 . a_ (2) Identify the Zoning District designation for the subject parceL Submit a copy of - Town zoning map with parcel identified (3) A locus map at a scale of l"= 1500'showing the subject property and alt properties within 300 feet and the location of all buildings,including accessory structures, on all properties shown. (4) A map showing the other preexistent and approved wireless service fatties in North Andover and outside North Andover within one mile of its boundary. (5)GPS all equivalent system locating by Witude and longitude wireless service • facilities iii Siting Piling Requirements. A one4pch-equats-40 feet plan preps by a Reed eer in the Commonwealth of Massachusetts showing the following: Professional Engin . (1) Property lines for the subject property. (2)Property lines of an properties within 300 feet of the proposed and ail location- (3) Tree cover on the subject property Properties property,by dominant species and average height. (4) Outline of all existing buildings,including purpose(e g- residential buildings, garages, accessory structures, etc.)on subject property and all properties adjacent to the subject property. (5)Proposed location of antenna,mount and equipment shelter(s). • proposed s • barrier,indicating type and extent as well as point of controlled (6) Prop security ' entry and private, on the subject property and on all (?) Location of roads,public P s Proposed to serve the adjacent properties within 300 feet including drivoway p P . wireless service Adflity. ' O 8 Distances, at grade,from the proposed wireless service facility to each building oa the vicinity PIM 9 Contours at each 2 feet AMSL for the subject property and adjacent properties C ) within 300 feet. 134 m s� i (10) All proposed changes to the preexistent property,including grading,vegetation l removal and temporary or permanent mads and driveways. (11)Representations,.dimensioned and to scale,of the proposed mount, antennas, equipment shelters,cable runs,parking areas and any other construction or development attendant to the wireless service facility. j f (12)Lines representing the sight be showing viewpoint(point from which view is ' taken) and visible point(point being viewed)from'Sight Lines" subsection below. ' (13)Location of all wetlands on the subject property and within 100' of the proposed s facility as approved by the Conservation Commission. I iv) Sight lines and photographs as described below: (1) Sight line representation.A sight line representation shall be drawn from any public road within 300 feet and the closest facade of each residential budding(viewpoint) within 300 feet to the highest point (visible point) of the wireless service facility. Each sight line shall be depicted in profile, drawn at one4nch equals 40 feet scale. The profiles shall show all intervening trees and buildings.In the event there is only one (or more) residential building within 300 feet there shall be at least two sight lines from the closest habitable structures or public mads, if any: (2) Preexistent (before condition) photographs. Each sight Ime shall be illustrated by one four-inch by six-inch color photograph of what can currently be seen from any public road and any residential budding within 300 feet. (3) Proposed (after condition) photographs. Each of the preexistent condition photographs shall have the proposed wireless service facility superimposed on it to show what will be seen from public roads and residential buildings if the proposed wireless service&:iility is built. (4) Siting elevations or views at-grade from the north, south, east and west for a 50- foot radius around the proposed wireless service facility plus from all preexistent public and private roads that serve the subject property. Elevations shall.be at either one-quarter inch equals one foot or one-eight inch equals one foot scale and show the following: (a) Antennas, mounts and equipment shelter(s), with total elevation dimensions and average ground Level (ACiL) of the highest point. All fixture Proposed antennas, mounts and equipment shelters if any must be shown is order to be included in the Special Permit. 135 (b) Security barrier. If the security barrier will block views of the wireless service facility,.the barrier drawing shall be cut away to show the view behind the barrier. (c) Any and all structures on the subject propertY- Preexistent trees and shrubs at current height and proposed trees and shrubs at (d) at time of installation, with approximate elevations proposed height dimensioned. (e) Grade changes, or cuts.and as, to be shown as original grade and new grade Vie,with two-foot contours AMSL. v) Design.Fling Requirements ° proposed wireless service facn�ity such as (I) Equipment brochures for the p P Minufactureei specifications or trade journal reprints shall}n" wad s oecunty antennas, moues eq�,upment shelters, cables as well as barrier,if any. specified, by generic type and (Z) Materials of the proposed w�� service mss . wood, painted erglass, specific (e-g- anodrved Iaounts, equipment shelters, alloys, etc.). These shall be provided for the antennas, cables as well as cable runs,and security barrier,if any re resented by a color board (3) Calors of the proposed wireless service facility P s mounts, showing actual colors proposed. Colors shall.be provided for the antenna ' ing a�ity P shelters, cables as well as cable runs, and security barrier,of�- ecified for all three directions: height, • (4)Dimensions of the wireless service fimourns, equipment width and b,readth.. These shall be provided for the shelters and secmrtY barrier,if MY. at least two photographic superimPositioa's of the wireless (5) Appearance shown by The.photographic supenmPos�°n!s service facility within the subject property meat shelters, cables as w� as shall be provided for the antennas, mounts, P Width and breadth- cable nuns,and security barrier,if any,for the total height, s and those proposed to be (6) Landscape plan including pial tri added, species, added,identified by size of specimen a t ndes, public hearing proms the applicant shall schedule with the Planning ��g �ep 136 0 - Board a balloon or crane test at the proposed site, at the expense of the applicant, to illustrate the height of the proposed facility. (8) If lighting on the site is required by the FAA, the applicant shall submit -a manufacturers computer generated point-to-point printout, indicating the horizontaI foot-candle levels at grade, within the property to be developed and twenty-five (25) feet beyond property lines. The printout shall indicate the locations and types of Luminaries proposed. vn)Noise Filing Requirements (1) The applicant shall provide a statement listing the preexistent and maximum future • projected measurements of noise from the proposed wireless service facilities, measured in decibels Ldn (common logarithmic scale, accounting for greater sensitivity at night), for the following- (a) ollowing(a) Preexistent or ambient:the measures of preexistent noise (b) Preexistent plus proposed wireless service facIties: maximum estimate of noise from the proposed wireless service facility plus the preexistent noise environment. (c) Such statement shall'be certified and signed by an acoustical engineer, stating that noise measurements are accurate and meet the requirements of DEP and Section 8.9(4)(e). vii)Radiofrequency Radiation (RFR)Filing Requirements (1) All telecommunications facilities shall be operated only at Federal Communications Commission (FCC) designated frequencies, power levels and standards, including FCC Radio Frequency Emissions standards. The applicant shall provide certification demonstrating that the maximum allowable frequencies, power levels • will not be exceeded. Certifications shall,include technical specifications, a written explanation of those specifications, and, if necessary,field verification. The Permit r Granting Authority may condition any Special Permit granted under this section upon a periodic submittal of certification of compliance with said standards. (2) In order to determine compliance with applicable FCC regulations, the applicant shall provide a statement listing the preexistent and maximum future projected measuremeints of RER from the proposed wireless service facility,including all co- locators,for the following situations: (a) Preexistent or ambient:the measurement of preexistent RFR. 137 • • Ins proposed ce facilities:maximum estimate of RFR (b) Preexistent P P P wireless servi from the proposed wireless service facility plus t}ie preexistent RFR eaviranment. , stating that M measurements are t (c)'Certificationsigned a ea ibess specified in. the Radiofrequ cY 1 accurate and meet FCC C Guidelines Radiation Standards subsection of this Bylaw. (3) Applicant must submit a copy of the letter from the Massachusetts DePartInct of Public Health approving the site for this facility as required by 105 CMR 122•000 requires that the.,pep artment of Public Health approve an sites for wireless facilities with respect to emissions. viii) Federal Environmental Filing Requirements an Environmeatal Assessment ()that meets (1) At the.time of application filing; s service facility FCC requirements shalt be submitted to� t the FCC wireless site that requires such an EA to be submitted (2) The applicant shall or location, type and amount (including radiation trace ants of any materials proposed for use within the wireless ftY that elements) the fider state or local governor are considered hazardous by waive one or more of the application filing requirements of iz) Waiver. The SPGA may review of a this section if it finds that such information is not needed for a thorough proposed personal.wireless service facility. 6) Co-location feasible and facniities and sites where feast a) Licensed carriers shalt, share wireless service serviceare d alone ropriate, thereby reducing the number of�wuseie s servz mility shall demonstrate acilities that fPP ilcamts for a Special Permit fora ' facilities.All apP good faith e$ort dudes: a good faith effort to ca Locate with othercamers. Such g . A survey of all preexisteIIt structures that may be feasible sites for coilocatsng rvices operating facilities; e service 'v s s rade ' eiess bile wzr ercial mo . with all other licensed comers far comm u� Contact, in the Commonwealth ofMass#chus e if co-location.is feasible under the design iii? Sharing information nye to co-Location. configuration most accommodating a good faith e$ort b An ApPlicaat shall demonstrate to the Planning Board that it has made 138 � a to cc-locate its facility upon an existing facility. The Town may retain a technical expert in the field of RE engineering and/or a structural engineer to verify if co-location at the site is not feasiible or is feasible given the design configuration most a=mmodating to cc- location..-The a-location.:The cost for such a technical expert will be at the expense of the applicant The Town may deny a Special Permit to an applicant who has not demonstrated a good faith effort to provide for co-location, c) If the applicant does intend to co-locate or to permit co-location, the Town shall request drawings and studies that show the final appearance and operation of the wireless service facility at full build-out d) If the SPGA approves co-location for a wireless service facility site, the Special Permit shall indicate how many facilities of what type shall be permitted on that site. Pursuant to Section 8.9(3)Regulations facilities specified in the Special Permit approval shall require no further zoning approval. However, the addition of any ftcIdes not specified in the approved Special Permit shall require a new Special Permit. This allows a carrier to "pre- permit" a site for additional facilities so that they will not have to apply for another Special Permit later. e) In.order to determine compliance with all applicable FCC Regulations, estimates of M emissions will be required for all facilities, including proposed and future facilities both for the applicant and all co-locators. 7) Modifications a) A modification of a wireless service fmality may be considered equivalent to an application for a new wireless service facility and will require a Special Permit when the following events apply: i) The applicant and/or co-applicant want to add any equipment or additional height not specified in the original design filing. ini) The applicant and/or co-applicant want to alter the terms of the Special Permit by • changing the wireless service facility in one or more of the following ways: - (1) Change in the number of facilities permitted on the site; (2} Changa in technology used for the wireless service facility. 8) Monitoring and Maintenance . a) After the facility is in operation,the applicant shall submit to the SPGA,within'90 days of beginning operations and at annual intervals from the date of issuance of the Special Permit, preexistent and current PFR measurements- Such measurements shall be signed 139 and certified by an RF engineer, stating that REEL measurements are accurate and are in compliance or why the measurements fail to comply with all applicable FCC Guidelines as specified in Section 8.9(4)(c)(1) RFR Filing Requirements of this Bylaw. The measurements shall,be submitted for both the applicant and all co-locators. b) After the wireless service facility is in operation the applicant shall submit to the SPCA; within 90 days of the issuance of the Special Permit,*and at annual intervals from the date of issuance of the Special Permit, preuistent and current measurements of acoustic noise from the wireless service facility Such measurements shall be certified and signed by an acoustical engineer, stating that noise gents are accurate and meet the Noise Standards sub-section 6.13.14.5 ofthis Bylaw c) The applicant and co-applicant or their successor in interest shall maintain the wireless service facility in good condition. Such maintenance shall include, but shall not be limited to, painting, structural integrity of the mount and security barrier and maintenance of the buffer and landscaping. d) Failure to obtain the information required in this subsection 8.9(8) of the Bylaw shall result in a fine of not—more than$300 dollars for each offense. Each day that such violation continues shall constitute a separate, offense. 9) Abandonment or Discontinuation of Use a) At such time that a licensed cagier plans to abandon or discontinue operation of a wireless service facility, such carrier will notify the Town by certified US mad of the proposed date of abandonment or discontinuation of operations. Such notice shall be given no less than 30 days prior to abandonment or discontinuation of operations. In the event that a licensed carrier fails to give such notice, the wireless service facility shall be considered abandoned upon discontinuation of operations. b) Upon abandonment or discontinuation of use, the carrier shall physically remove the wireless service facility within 90 days from the date of abandonment or discontinuation of use. "Physically remove" shall include,but not be limited to: i) Removal of antennas,mount, equipment shelters and security barriers from the subject property. iii) Proper disposal of the waste materials from the site in accordance with local and state solid waste disposal regulations. in7 Restoring the location of the wireless service qty to its natural condition, except that any landscaping and grading shall remain the after-condition. em&for the construction or modification of a a condition of special o c As placement, . any sP F P service a carrier shall lace into escrow a sum of money to cover the _ wireless serve facilrty, p 140 • ; i costs of removing the facility from the subject property. Said amount shall be certified by an engineer, architect or other qualified professional,registered to practice in the Commonwealth of Massachusetts. Said funds shall be held by an independent escrow agent to be appointed by the carrier and the SPGR The carrier shall authorize and, as necessary, shall obtain the authorization of the owner of the property to allow the escaow agent to enter upon the subject property to remove the facility when the facility has been abandoned or discontinued. In the event the posted amount does not cover the cost of demolition and/or removal the Town may place alien upon the property covering the difference in cost d) A facility shall be deemed to be abandoned or discontinued if it has not been used for the • purpose for which it was originally constructed for a period of six (6) months or more. Once abandonment or discontinuance has occurred, the carrier shall remove the facility from the subject property within ninety days. In the event that the carrier fails to remove : the facility, the town shall give notice to the carrier and the independent escrow agent that the facility shall be removed by the escrow agent forthwith and the escrow agent, after affording written notice seven days in advance to the carrier, shall remove the facility. e) Failure to follow the provisions of this subsection 8,9(9) shall result in a fine of not more than$300 dollars for each offense. Each day that such violation continues shall constitute a separate offense. 10)Reconstruction or Replacement of Existing Towers and Monopoles a) Guyed towers, lattice towers, utility towers and monopoles in existence at the time of adoption of Section 8.9 this Bylaw may be reconstructed, altered, extended or replaced on the same site by Special Permit, provided that the SPCA finds that such reconstruction, alteration, extension or replacement will not be substantially more detrimental to the neighborhood and/or the Town than the preexistent non-conforming structure. in maidng such a determination, the SPCA shall consider whether the proposed reconstruction, alteration, extension or replacement will create public benefits such as opportunities for co-location, improvements in public safety, and/or reduction in visual and environmental • impacts. 11)Performance Guarantees a) In--araace in a reasonable amount determined and approved by the SPGA after consultation at the expense of the applicant'with one(1)or more insurance companies shall be in force to cover damage from the structure, damage from transmissions and other site liabilities. Annual proof of said insurance must be filed with the SPGR b) Funds, sufficient in the opinion of the SPCA,to cover annual maintenance of the facility, shall be laced into escrow and shall be held the independent escrow a ent who shall be P by8 141 authorized to expend the funds for the maintenance of the facility on terms to be agreed upon by the carrier and the SPGA as a condition of approval of the special permit, cj Annual certification demonstrating continuing compliance with the standards of the Federal Commuidcations Commission,Federal Aviation Administration and the American National,Standards Institute shall be filed with the SPCA by the Special Permit holder. 12)Term of Special Permit • a) - A Special Permit issued for any wireless service facility shall be valid for three(3)years. The special permit may be renewed under the same criteria as the original special permit, provided that the application for renewal of the special permit is made prior to the expiration date of the original or any renewed special permit. Additional measures governing the administration of the special permit are found in Section 10.3 of this Zoning Bylaw. . SECTION 9 NON-CONFOP24MG USES 9.1 Non-Coaformiag uses Any non-conforming building,structure, or use as defined herein, which lawfully existed at the time of passage of the applicable provision of this or aay prior by Law or any amendment thereto maY be continued subject to the provisions of this Bylaw Any lawfully non-conformimg building or structure and any lawfully non-conforming use of building or land may be continued in the same IQnd and manner and to the same extent as at the time it became Iawfuily n©n-conforming,but such building or use shall not at any time be changed, extended or enlarged except for a purpose permitted in the zoning • distzict in which such building or use is situated, or axcept as may be permitted by a Special Permit otbmwise by the North Andover Board of Appeals. Pre-existDag non-coaftmimg - however,may be extended or al Bred,provided that no such extension or ahm-Aon shall be Pie unless there is a findmg by the Board of Appeals that such cbange, extension, or alteration shall not be substa-ally more detrimental than the casting n=-vz� use to the neighborhood. When a pre-existing structure has been made non:conning due to changes in the lot size required by this bylaw, such swxa ure may be extended or altered based on a finding by the Zoning Eafor�nent Officer that such structure ager the change meets all current zoning requirement except for lot size. (1995/43)- 142 9.2 Alteration or Extension A use or structure housing a user which does not conform to the`regul tions of this Bylaw but which did conform to all applicable regulations when inkiaffy estab&bed shall not be cbaaged, extended or enlarged except in accordance with the following provisions. 1. Such change shall be approved by a Special Permit or otherwise by the Board of Appeals. 2. Such change shalt be permitted only upon the same lot occupied by the non-cmSormmg use on the date that it became non con forming. • 3. Any increase in volume, area, or extent of the non conforming use shall not exceed an aggregate of more than twenty five percent(?S'/o)of the original use. 4. No change shall be permitted which tends to lengthen the economic life of the non-conforming longer than a period reasonable for the amortization of the initial investment, 9.3 Building After Catastrophe Any non-codorming building or structure destroyed or damaged by fire, flood„ lighting, wind or otherwise to the extent of sixty-five percent(b5°/a)or more of its reproduction cost at the time of such -damage shall not be relnn'i#, repaired, reconstructed nor altered except for a purpose perautted in that zoning district in which such building is loud, or except as may be perms by a Special Permit or otherwise by the Board of Appeals acting under G.L.Chapter 40A 9.4 Abandonment If any lawfully non-confcarming building or use of a building or land be at any time discontinued for a period of two years or nuoM or if such use or building be changed to one confiorming with the North Andover Zoning Bylaw in the district in which it is located,it shall thereafter continue to conform SECTION 10 ADNMIMTR.A.TION 10.1 Enforcement The North Andover Zoning Bylaw shall be enforced by the North Andover Building Inspector. The Building Inspector,upon being informed m writing of a possible violation ofthis Bylaw or on his own initiative, shall make or cause to be made an kvestigatiori of facts and an inspection of the pie i where such violation may exist If the Building mor is so informed in wiling and dechne°s to acts he shall within fourteen(14)days of his receipt of such information give to his informant,is writin lis reasons for refraining from taking any action. The Building Inspector, on evidence of any violation 143 m EXHIBIT "J" TOWN OF NORTH ANDOVER MASSACHUSETTS ANNUAL TOWN MEETING • WARRANT tto '4 TS-2 61 :4 e- 4' , �SSACHUS�'C l 7;, 4y MONDAY, MAY 11.3 1998 7:00 P.M. NORTH ANDOVER HIGH SCHOOL FIELD HOUSE PLEASE BRING THIS BOOKLET WITH YOU L Article 36. . Amend Zoning Bylaw Add Section 8.9 - Wireless Service Facilities. To see if the Town will vote to . amend Section 8 of the Zonis Bylaw b $ Y adding a new section,-Section 8.9 Wireless Service Facilities to read as follows: Y 8.9 Wireless Service Facilities 1) Purpose a) It is the express purpose of this Bylaw to minimize the visual and environmental impacts as well as any potential deleterious impact on property value, ofwireless • service facilities upon properties located within the Town or adjacent thereto. No I wireless service facility shall be placed, constricted or modified within the Town without first obtaining site plan approval from the Special Permit Granting Authority (SPCA). The Planning Board shall be the Special Permit Granting Authority for the issuance of a special permit to allow the placement, construction and modification of wireless service facilities within the town. This bylaw is intended to be used in conjunction with other regulations adopted by the Town, and other zoning and general bylaws designed to encourage appropriate land use, environmental protection,preservation of North Andover's rural character and the provision of adequate infrastructure development in North Andover. b) The regulation of wireless service facilities is consistent with the purpose of the North Andover Zoning Bylaw and planning efforts at the local government level to further the conservation and preservation of developed, natural and undeveloped areas, wildlife, flora and habitats for endangered species; protection of the natural resources of North Andover, enhancement of open space areas and respect for North Andover's rural character. Z) Definitions: a) Above Ground Level(AGL). A measurement of height from the natural grade of • a site to the highest point of the structure. b) Above Mean Sea Level (AMSL). A uniform point from which height above sea level (or zero elevation)can be measured. c) Antenna. The surface from which wireless radio signals are sent and received by a wireless service facility. d) Camouflaged. A wireless service facility that is disguised, hidden, part of an existing or proposed structure or placed within a preexistent or proposed structure is considered to be "camouflaged." e) Carrier. A company that provides wireless services. • 39 1) Co-location. The use of a single mount on the ground by more than one carder (vertical co-location) and/or several mounts on a preexistent building P dut b more than one carrier. g y g) Cross-polarized(or dual-polarized)antenna.A low mount that has three panels flush mounted or attached very close to the shaft. h) Elevation.The measurement of height above mean sea level. i) Environmental Assessment (EA). An EA is tae document required by the Federal Communications 'Commission (FCC) and the National Environmental Policy Act(NEPA) when a wireless service facility is placed in certain designated • areas. j) Equipment Shelter. An enclosed, structure, cabinet, shed or box at the base of the mount within which are housed batteries and electrical equipment. k) Functionally Equivalent Services. Cellular, Personal Communication Services (PCS), Enhanced Specialized Mobile Radio, Specialized Mobile Radio and Paging. 1) GPS. Ground Positing System by satellite location of antennas. m) Guyed Tower. A lattice tower that is tied to the ground or other surface by diagonal cables. n) Lattice Tower. A type of mount that is self-supporting with multiple legs and cross bracing of structural steel. o) Licensed Carrier. A Company authorized by the FCC to construct and operate a commercial mobile radio service system. p) Monopole. The type of mount that is self-supporting with a single shaft of wood steel or concrete and a platform(or racks) for panel antennas arrayed at the top. q) Mount. The structure or surface upon which antennas are mounted, including the following four types of mounts: (1) Roof Mounted:Mounted on the roof of a building. (2) Side-mounted: Mounted on the side of a building (3) Ground-mounted: Mounted on the ground. (4) Structure-mounted: Mounted on a structure other than a building. r) Omnidirectional (whip) antenna. A thin rod that beams and receives a signal in all directions. • 40 s) Panel Antenna. A flat surface anteama usually developed in multiples. t) PCS. Communications Services. These are broadband radio-wave systems that operate at a radio frequency in the 1850- 1900 megahertz range. u) Radio Frequency (RF) Engineer. An engineer specializing in electric or microwave engineering,especially the study of radio frequencies. v) Radio Frequency Radiation (RFR). The emissions from wireless service facilities as defined in the FCC Guidelines for Evaluating the Environmental Effects of Radio Frequency Radiation (FCC Guidelines) or any other applicable FCC guidelines and regulations. w) Security Barrier. A locked impenetrable waif, fence or berm that completely seals an area from unauthorized entry or trespass. z) Separation.The distances between one array of antennas and another array. y) Utility. A system of wires or conductors and supporting structures that functions in the transmission of electrical energy or communication services(both audio and video) between generating stations, sub-stations, and transmission lines or other utility services. z) Wireless Service Facility.Facilities used for tate principle purpose of commercial or public wireless communications uses, such as cellular telephone services, enhanced specialized mobile radio services,microwave communications,wireless communications services, paging services and the like, as defined in Section 704 of the Federal Telecommunications Act of 1996,as amended. Such facilities shall include towers, antennae, antennae support structures, panels, dishes and accessory structures. aa)Wireless Services. The three types of services regulated by this Bylaw: commercial mobile radio services, unlicensed wireless services, and common carrier wireless exchange access services. ,3) District Regulations a) Use Regulations: A wireless service facility shall require a building permit in all cases and may be permitted as follows: i) The carrier must demonstrate that the facility is necessary in order to provide adequate service to the public. 41 .ii) A wireless service facility may locate as of right on any existing guyed tower, lattice tower, le or electric utility transmission tower for which a monopole special permit issued under this Section 8.9 is in effect,provided that the new facility shall first obtain site plan review approval from the Planning Board and, provided further that any new facility shall not exceed the terms and conditions of the special permit in effect for the existing facility on which it is to be located. iii).No wireless service facility shall be located in the Town except upon issuance of a special permit in accordance with Section 10.3 of this Bylaw. Such a facility may be located in any zoning district in the Town, provided that the proposed facility satisfies all of the requirements set forth in this Bylaw. b) Locations Applicants seeking approval for wireless service facilities shall comply with the following: i) If feasible, wireless service facilities shall be located on preexistent structures, including but not limited to buildings or structures, preexistent telecommunications facilities, utility poles and towers, and related facilities, provided that such installation preserves the character and integrity of those structures. In particular, applicants are urged to consider use of preexistent telephone and electric utility structures as sites for one or more wireless service facilities.The applicant shall have the burden of proving that there are no feasible preexistent structures upon which to locate. ii) If the applicant demonstrates to the satisfaction of the SPGR (Special Permit Granting Authority) that it is not feasible to locate on a preexistent structure, wireless service facilities shall be camouflaged to the greatest extent Possible, including but not limited to: use of compatible building materials and colors, screening, landscaping, with natural and/or artificial plantings (as indicated through site plan review),and placement within trees. iii) The applicant shall submit documentation of the legal right to install and use the proposed facility mount at the time of application for a building p� and/or Special Permit c) Dimensional Requirements: Wireless service facilities shall comply with the following requirements: i) Height, General Regardless of the type of mount, wireless service facilities shall be no higher than ten feet above the average height of buildings within 300 feet of the proposed facility In addition,the height of a wireless service facility shall not exceed by more than 10 feet the height limitations of the 42 zoning district in which the facility is proposed to be located, unless the facility is completely camouflaged such as within a flagpole, steeple, chimney, or similar structure. Wireless service facilities may locate on a building that is legally non- conforming with respect to height, provided that the facilities do not project above the existing building height iii) Height, Ground-Mounted Facilities Ground-mounted wireless service facilities shall not project higher than ten feet above the average building height or, if there are no buildings within 300 feet, these facilities shall not project higher than ten feet above the average tree canopy height, measured from ground level (AGL). If there are no buildings within 300 feet of the proposed site of the facility, all ground mounted wireless service facilities shall be surrounded by dense tree growth to screen views of the facility in all • directions. These trees may be existing on the subject property or planted on site. iii) Height, Side-and Roof-Mounted Facilities Side-and roof-mounted wireless service facilities shall not project more than ten (10) feet above the height of an existing building or structure nor project more than ten(10) feet above the height limit of the zoning district within which the facility is located. Wireless service facilities may locate on a building that is legally non-conforming with the respect to height, provided that the facilities do not project above the existing building height iv) Height, Preexistent Structures (Utility) New antennas located on any of the following structures existing on the effective date of this bylaw shall be exempt from the height restrictions of this bylaw provided that there is no increase in height of the existing structure as a result of the installation of a wireless service facility: Water towers, guyed towers, lattice towers, fire towers and monopoles. v) Setbacks All wireless service facilities and their equipment shelters shall comply with the building setback provisions of the zoning district in which the • facility is located. In addition,the following setbacks shall be observed (1) In order to ensure public safety, the minimum distance from the base of any ground-mounted wireless service facility to any property line, shall be 2x the height of the facility/mount, including any antennas or other appurtenances. This set back is considered the "fail zone',. In addition, a minimum setback of 300 feet from any habitable dwelling or business is required. (2) In the event that a preexistent structure is proposed as a mount for a wireless service facility, the setback provisions of the zoning district shall apply. In the case of the preexistent non-conforming structures, wireless 43 • service facilities and their equipment shelters shall not increase any non- conformity. (3) The SPGR may reduce the required setback distance by as much as 50"/o, if such set back provides adequate safety, promotes co-location or improves design, and will not significantly impact the character and appearance of the neighborhood. In making a request for a reduced setback, the manufacturer or qualified licensed designer shall certify that the tower is designed to collapse upon itself in the event of failure. The SPGA may allow reduced setbacks as necessary to allow for the use of an existing structure. 4) Design Standards • a) Visibility/Camouflage Wireless service facilities shall be camouflaged as follows i' Camouflage by Existing Buildings or Structures (1) When a wireless service facility extends above the roof height of a building on which it is mounted, every effort shall be made to conceal the facility within or behind preexistent architectural features to limit its visibility from public ways. Facilities mounted on a roof shall be stepped back from the front facade in order to limit their impact on the building's silhouette. (2) Wireless service facilities which are side-mounted shall blend with the preexistent building's architecture and, if over 5 square feet, shall be shielded with material which is consistent with the design features and materials of the building. ii) Camouflage by Vegetation. If wireless service facilities are not camouflaged from public viewing areas by existing buildings or structures, they shall be surrounded by buffers of dense tree growth and understory vegetation m all directions to create an effective year-round visual buffer. Ground-mounted ` • wireless service facilities shall provide year-round vertical evergreen vegetated buffer of 50 feet, or 75% of the overall height of the structure, in all directions. Trees and vegetation may be existing on the subject property or installed as part of the proposed facility or a combination of both. Vegetation ! should be natural in appearance and consistent with surroundings. } ih-) Color (1) Wireless service facilities, which are side-mounted on buildings, shall be painted or constructed of materials to match the color of the building material directly behind them. as • 4. I (2) To the extent that any wireless service facilities extend above the height of the vegetation immediately surrounding it, they must be painted in a light gray or light blue hue which blends with sky and clouds iv) Equipment Shelters Equipment shelters for wireless service facilities shall be designed consistent with one of the following design standards: (1) Equipment shelters must be located in underground vaults;or (2) designed consistent with traditional materials,color and design of the area, or • (3) camouflaged behind an effective year-round landscape buffer' equal to the height of the proposed building, and /or.wooden fence acceptable to the permitting authority b) Lighting and signage i} Wireless service facilities shall be lit only if required by the Federal Aviation Administration ,(FAA). Lighting of equipment structures and any other facilities on site shall be shielded from abutting properties. There shad be total cutoffof all light at the property lines of the parcel to be developed, and foot-candle measurements at the property line shall be 0.4 initial foot-candles when measured at grade. ii) Signs shall be limited to those needed to identify the property and the owner and warn of any danger. No tower or other facility shall contain any signs or other devices for the purpose of advertisement. All signs shall comply with the requirements of Section d: Signs and Sign Lighting Regulations of this bylaw. iii) All ground mounted wireless, service facilities shall be surrounded o other s • unauthorized climbing.. security barrier and shall be protected �� access by the public. c) Historic Buildings i Any wireless service facilities located on or within.a historic Structure Shalr not alter the character-defining features, distinctive construction me , original historic materials of the building. service ii) Any alteration made to a historic structure to accommodate a wireless facility shall be fully reversible. 45 iii) Wireless service facilities within an historic district shall be concealed within or behind existing architectural features,or shall be located so that they are not visible from public roads and viewing areas within the district iv) The historic District Commission must review all appropriate facilities. d) Scenic Landscapes and Vistas i) No fimility shall be located within 300 feet of a Scenic Road. If the facility is located farther than 300 feet from the scenic road, the height regulations described elsewhere in this Bylaw shall apply. ii) Wireless service facilities shall not be located within open areas that are visible from public roads, recreational areas or residential development. As required in the Camouflage section above, all ground mounted wireless service facilities that are not camouflaged by existing buildings or structures shall be surrounded by a buffer of dense tree growth. e) Environmental Standards i) Wireless services facilities shall not be located in wetland resource areas. Locating of wireless facilities in wetland buffer areas shall he avoided whenever possible and disturbance to wetland buffer areas shall be minimized. All Conservation Commission regulations and procedures must be followed. ii) No hazardous waste shall be discharged on the site of any personal wireless service facility. If any hazardous materials are to be used on site, there shall be provisions for full containment of such materials. An enclosed containment area shall be provided with a sealed floor, designed to contain at least 110% of the volume of the hazardous materials stored or used on site. Applicant must comply with all federal,state and local regulations governing hazardous materials. iii) Storm water run-off as a result of the wireless facility shall be contained on-site and comply with the DEP Storm Water Management regulations as applicable. iv) Ground-mounted equipment for wireless service facilities shall not generate acoustic noise in excess of 50 dB at the security barrier. v) Roof-mounted or side-mounted equipment for wireless service facilities shall not generate noise in excess of 50 dB at ground level at the base of the building closest to the antenna_ 46 • f) Safety Standards i) Radio Frequency Radiation (RFR) Standards. All equipment proposed'for a wireless service facility shall be authorized per the FCC Guidelines for Evaluating the Environmental Effects of Radio Frequency Radiation (FCC Guidelines)or any other applicable FCC guidelines and regulations. iu') Structural Integrity. The applicant shall provide certification by a structural engineer that the wireless service facility is structurally sound for the proposed facility. 5) Application Procedures • a) Special Permit Granting Authority (SPGA). The Special Permit Granting Authority(SPGA) for wireless service facilities shall be the Planning Board. b) Pre-Application Conference. Prior to the submission of an application for a Special Permit under this regulation, the applicant is strongly encouraged to meet with the SPGA at a public meeting to discuss the proposed wireless service facility in general terms and to clarify the filing requirements. c) Pre-Application Conference Filing Requirements. The purpose of the conference is to inform the SPGA as to the preliminary nature of the proposed wireless service facility. As such, no formal filings are required for the pre- application conference. However,the applicant is encouraged to prepare sufficient preliminary architectural and/or engineering drawings to inform the SPGA of the location of the proposed facility,as well as its scale and overall design. d) Application Filing Requirements. The following shall be included with an application for a Special Pennit for all wireless service facilities: i) General Filing Requirements • (1) Name,address and telephone number of applicant and any co-applicants as well as any agents for the applicant or co-applicants. A 24-hour emergency telephone contact number shall be included for use during constriction as well as operation of the wireless communication facility. (2) Co-applicants may include the landowner of the subject property, licensed carriers and tenants for the wireless service facility (3) Every application for a wireless service facility Special Permit shall include at least one licensed carver and the owner of the land as an applicant or a co-applicant. 0 47 (4) Original signatures are required for the applicant and all co-applicants applying for the Special Permit If an agent represents the applicant or co- applicant, an original signature authorizing the agent to represent the applicant and/or co-applicant is required. Photo reproductions of signatures will not be accepted. All other filing requirements in the Zoning Bylaw and the Rules and Regulations as applicable must be complied with. iu') Location Filing Requirements (1) Identify the subject property by including the name of the nearest road or • roads, street address, and Assessors Map and Parcel number of subject property (2) Identify the Zoning District designation for the subject parcel. Submit a copy of Town zoning map with parcel identified. (3) A locus map at a scale of 1»= 1500' showing the subject property and all properties within 300 feet and the location of all buildings, including accessory structures,on all properties shown. (4) A map showing the other preexistent and approved wireless service facilities in North Andover and outside North Andover within one mile of its boundary. (5) GPS all equivalent system locating by latitude and longitude wireless service facilities iii)Siting Filing Requirements. A one-inch-equals-40 feet plan prepared by a Registered Professional Engineer in the Commonwealth of Massachusetts showing the following: (1) Property lines for the subject property. (2) Property lines of all properties within 300 feet of the proposed location. (3) Tree cover on the subject property and all properties directly abutting the subject property,by dominant species and average height (4) Outline of all existing buildings, including purpose (e.g. residential buildings, garages, accessory structures, etc.).on subject property and all properties adjacent to the subject property. 48 • (S) Proposed location of antenna, mount and equipment shelter(s). (6) Proposed security barrier, indicating type and extent as well as point of controlled entry. (7) Location of all roads,public and private, on the subject property and on all adjacent properties within 300 feet including driveways proposed to serve the wireless service facility. (8) Distances, at grade, from the proposed wireless service facility to each building on the vicinity plan. • (9) Contours at each 2 feet AMSL for the subject property and adjacent properties within 300 feet (10) All proposed changes to the preexistent property,.including grading, vegetation removal and temporary or permanent roads and driveways. (11) Representations, dimensioned and to scale, of the proposed mount, antennas, equipment shelters, cable runs, parking areas and any other construction or development attendant to the wireless service facility. (12) Lines representing the sight line showing viewpoint (point from which view is taken) and visible point (point being viewed) from 'Sight Lines" subsection below. (13) Location of all wetlands on the subject property and within 100' of the proposed facility as approved by the Conservation Commission. iv) Sight lines and photographs as described below: (1) Sight line representation. A sight line representation shall be drawn from any public road within 300 feet and the closest facade of each residential building (viewpoint) within 300 feet to the highest point (visible point) of the wireless service facility. Each sight line shall be depicted in profile, drawn at one-inch equals 40 feet scale. The profiles shall show all intervening trees and buildings. In the event there is only one (or more) residential building within 300 feet there shall be at least two sight lines from the closest habitable structures or public roads, if any. (2) Preexistent (before condition) photographs. Each sight line shall be illustrated by one four-inch by six-inch color photograph of what can currently be seen from any public road and any residential building within 300 feet. 49 • (3) Proposed (after condition)photographs. Each of the preexistent condition photographs shall have the proposed wireless service facility superimposed on it to show what will be seen from public mads and residential buildings if the proposed wireless service facility is built. (4) Siting elevations or views at-grade from the north, south, east and west for a SO-foot radius around the proposed wireless service facility plus from all preexistent public and private roads that serve the subject property. Elevations shall be at either one-quarter.inch equals one foot or one-eight inch equals one foot scale and show the following: (a) Antennas, mounts and equipment shelter(s), with total elevation dimensions and average ground level (AGL) of the highest point. All future proposed antennas,mounts and equipment shelters if any must be shown in order to be included in the Special Permit. (b) Security barrier. If the security barrier will block views of the wireless service facility, the barrier drawing shall be cut away to show the view behind the barrier. (c) Any and all structures on the subject property. (d) Preexistent trees and shrubsat current height and proposed trees and shrubs at proposed height at time of installation, with approximate j elevations dimensioned. (e) Grade changes,or cuts and fills,to be shown as original grade and new Fade line,with two-foot contours AMSL. v) Design Filing Requirement's (1) Equipment brochures for the proposed wireless service facility such as manuf ctu er's specifications or trade journal reprints shall be provided for the antennas,mounts, equipment shelters, cables as well as cable runs,and security barrier,if any. (2) Materials of the proposed wireless service facility specified by generic type and specific treatment(e.g.anodized aluminum stained wood,Painted fiberglass, alloys, etc.). These shall be provided for the antennas, mounts, equipment shelters, cables.as well as cable runs, and security barrier, if any, , (3) Colors of the proposed wireless service facility represented by a color board showing actual colors proposed. Colors shall be provided for the antenna mounts, equipment shelters, cables as well as cable runs, and security barrier, if any. 50 (4) Dimensions of the wireless service facility specified for all three directions: height, width and breadth. These shall be provided for the antennas, mounts,equipment shelters and security barrier,if any. (S) Appearance shown by at least two photographic superimposition's of the wireless service facility within the subject property. The photographic superimposition's shall be provided for the antennas, mounts, equipment shelters, cables as well as cable nuns, and security barrier, if any, for the total height,width and breadth. (6) Landscape plan including preexistent trees and shrubs and those proposed to be added,identified by size of specimen at installation and species. (7) During the public hearing process the applicant shall schedule with. the Planning Board a balloon or crane test at the proposed site, at the expense of the applicant,to illustrate the height of the proposed facility. (8) If lighting on the site is required by the FAA, the applicant shall submit a manufacturers computer generated point-to-point printout, indicating the horizontal foot-candle levels at grade,within the property to be developed and twenty-five (2.5) feet beyond property lines. The printout shall indicate the locations and types of luminaries proposed vi'Noise Filing Requirements (1) The applicant shall provide a statement listing the preexistent and maximum future projected measurements of noise from the proposed wireless service facilities, measured in decibels Ldn (common logarithmic scale,accounting for greater sensitivity at night),for the following: (a) Preexistent or ambient: the measures of preexistent noise (b) Preexistent plus proposed wireless service facilities: maximum estimate of noise from the proposed wireless service facility plus the preexistent noise environment. (c) Such statement shall be certified and signed by an acoustical engineer, stating that noise measurements are accurate and meet the requirements of DEP and Section 8.9(4xe). vii)Radio Frequency Radiation (RFR) Filing Requirements (I) All telecommunications facilities shall be operated only at Federal Communications Commission(FCC)designated frequencies,power levels 51 and standards, including FCC Radio Frequency Emissions standards. The applicant shall provide certification demonstrating that the maximum allowable frequencies, power levels will not be exceeded. Certifications shall include technical specifications, a written explanation of those specifications, and, if necessary, field verification. The Permit Granting Authority may condition any Special Permit granted under tins section upon a periodic submittal of certification of compliance with said standards. (2) in order to determine compliance with applicable FCC regulations, the applicant shall provide a statement listing the preexistent and maximum firture projected measurements of RFR from the proposed wireless service facility,including all co-locators,for the following situations: • (a) Preexistent or ambient: the measurement of preexistent RFR- (b) Preexistent plus proposed wireless service facilities: maximum estimate of RFR from the proposed wireless service facility plus the preexistent RFR environment. (c) Certification, signed by a engineer,stating that RFR measurements are accurate and meet FCC Guidelines as specified in the Radio Frequency Radiation Standards sub-section of this Bylaw. (3) Applicant must submit a copy- of the letter from the Massachusetts Department of Public Health approving the site for this facility as required by 105 CUR 122.004 requires that the Department of Public Health approve all sites for wireless facilities with respect to emissions. viii) Federal Environmental Filing Requirements (1) At the time of application filing, an Environmental Assessment (EA)that meets FCC requirements shall be submitted to the Town for each wireless service facility site that requires such an EA to be submitted to the FCC , (2) The applicant shall list location, type and amount (including radiation trace elements) of any materials proposed for use within the wireless service facility that are considered hazardous by the federal, state or local government i=) Waiver. The SPGR may waive one or more of the application filing requirements of this section if it finds that such information is not needed for a thorough review of a proposed personal wireless service facility. 52 • +6) Co-location a) Licensed carriers shall share wireless service facilities and sites where feasible and appropriate,thereby reducing the number of wireless service facilities that are stand-alone facilities. All applicants for a Special Permit for a wireless service facility shall demonstrate a good faith effort to co-locate with other carriers. Such good faith effort includes: i) A survey of all preexistent structures that may be feasible sites for co-locating wireless service facilities; ii) Contact, with all other licensed carriers for commercial mobile radio services operating in the Commonwealth of Massachusetts; and iii) Sharing information necessary to determine if co-location is feasible under the design configuration most accommodating to co-location. b) An Applicant shall demonstrate to the Planning Board that it has made a good faith effort to co-locate its facility upon an existing facility. The Town may retain a technical expert in the field of RF engineering and/or a structural engineer to verify if co-location at the site is not feasible or is feasible given the design configuration most accommodating to co-location. The cost for such a technical expert will be at the expense of the applicant. The Town may deny a Special Permit to an applicant who has not demonstrated a good faith effort to provide for co-location, c) If the applicant does intend to co-locate or to permit co-location, the Town shall request drawings and studies that show the final appearance and operation of the wireless service facility at full build-out. d) If the SPGA approves co-location for a wireless service facility site, the Special Permit shall indicate how many facilities of what type shall be permitted on that site. Pursuant to Section 8.9(3)Regulations facilities specified in the Special Permit approval shall require no further zoning approval. However, the addition of any facilities not specified in the approved Special Permit shall require a new Special Permit. This allows a carrier to"pre-permit"a site for additional facilities so that they will not have to apply for another Special Permit later. e) In order to determine compliance with all applicable FCC Regulations, estimates of RFR emissions will be required for all facilities, including proposed and future facilities both for the applicant and all co-locators. 7) Modifications a) A modification of a wireless service facility may be considered equivalent to an application for a new wireless service facility and will require a Special Permit when the following events apply: 53 i) The applicant and/or co-applicant want to add any equipment or additional height not specified in the original design filing. ii) The applicant and/or co-applicant want to alter the terms of the Special Permit by changing the wireless service facility in one or more of the following ways: (1) Change in the number of facilities permitted on the site; (2) Change in technology used for the wireless service facility. 8) Monitoring and Maintenance • a) After the facility is in operation,the applicant shall submit to the SPCA, within 90 days of beginning operations and at annual intervals from the date of issuance of the Special Permit, preexistent and current RFR measurements. Such measurements shall be signed and certified by an RF engineer, stating that RER measurements are accurate and are in compliance or why the measurements fail to comply with all applicable FCC Guidelines as specified in Section 8.9(4Xc)(1) RFR Filing Requirements of this Bylaw. The measurements shall be submitted for both the applicant and all co-locators. b) After the wireless service facility is in operation the applicant shall submit to the SPGR; within 90 days of the issuance of the Special Permit, and at annual intervals from the date of issuance of the Special Permit, preexistent and current measurements of acoustic noise from the wireless service facility Such measurements shall be certified and signed by an acoustical engineer, stating that noise measurements are accurate and meet the Noise Standards sub-section 6.13.14.5 of this Bylaw c) The applicant and co-applicant or their successor in interest shall maintain the wireless service facility in good condition. Such maintenance shall include, but shall not be limited to, painting, sinictu al integrity of the mount and security barrier and maintenance of the buffer and landscaping. d) Failure to obtain the information required in this subsection 8.9(8) of the Bylaw shall result in a fine of not more than$300 dollars for each offense. Each day that such violation continues shall constitute a separate, offense. 9) Abandonment or Discontinuation of Use a) At such time that a licensed carrier plans to abandon or discontinue operation of a wireless service facility, such carrier will notify the Town by certified US mail of the proposed date of abandonmentor discontinuation of Operations' Such notice shall be given no less than 30 days prior to abandonment or discontinuation of operations. in the event that a licensed carrier fails to give such notice, the wireless service facility shall be considered abandoned upon discontinuation of operations. 0 54 b) Upon abandonment or discontinuation of use, the carrier shall physically remove the wireless service facility within 90 days from the date of abandonment or discontinuation of use. "Physically remove" shall include,but not be limited to: i) Removal of antennas, mount,.equipment shelters and security barriers from the subject property. ii) Proper disposal of the waste materials from the site in accordance with local and state solid waste disposal regulations. iii) Restoring the location of the wireless service facility to its natural condition, except that any landscaping and grading shall remain the after-condition. c) As a condition of any special permit for the placement, construction or • modification of a wireless service facility, a carrier shall place into escrow a sum of money to cover the costs of removing the facility from the subject property. Said amount shall be certified by an engineer, architect or other qualified professional registered to practice in the Commonwealth of Massachusetts. Said funds shall be held by an independent escrow agent to be appointed by the carrier and the SPGR. The carrier shall authorize and, as necessary, shall obtain the authorization of the owner of the property to allow the escrow agent to enter upon the subject property to remove the facility when the facility has been abandoned or discontinued. In the event the posted amount does not cover the cost of demolition and/or removal the Town,may place a lien upon the property covering the difference in cost. d) A facility shall be deemed to be abandoned or discontinued if it has not been used for the purpose for which it was originally constructed for a period of six (b) months or more. Once abandonment or discontinuance has occurred, the carver shall remove the facility from the subject property within ninety days. In the event that the carrier fails to remove the facility,the town shall give notice to the carrier and the independent escrow agent that the facility shall be removed by the escrow agent forthwith and the escrow agent, after affording written notice seven days in advance to the carrier,shall remove the facility. e) Failure to follow the provisions of this subsection 8.9(9) shall result in a fine of not more than 5300 dollars for each offense. Each day that such violation continues shall constitute a separate offense. 10)Reconstruction or Replacement of Existing Towers and Monopoles a) Guyed towers, lattice towers,utility towers and monopoles in existence at the time of adoption of Section 8.9 this Bylaw may be reconstructed, altered, extended or replaced on the same site by Special Permit, provided that the SPGA finds that such reconstruction, alteration, extension or replacement will not be substantially more detrimental to the neighborhood and/or the Town than the preexistent non- • S5 conforming structure. In making such a determination, the SPCA shall consider whether the proposed reconstruction, alteration, extension or replacement will create public benefits such as opportunities for co-location, improvements in public safety, and/or reduction in visual and environmental impacts. 11)Performance Guarantees a) Insurance in a reasonable amount determined and approved by the SPGA after consultation at the expense of the applicant with one (1) or more insurance companies shall be in force to cover damage from the structure, damage from transmissions and other site liabilities. Annual proof of said insurance must be filed with the SPGR. • b) Funds, sufficient in the opinion of the SPGA to cover annual maintenance of the facility, shall be placed into escrow and shall be held by the independent escrow agent who shall be authorized to expend the funds for the maintenance of the facility on terms to be agreed upon by the carrier and the SPGA as a condition of approval of the special permit. c) Annual certification demonstrating continuing compliance with the standards of the Federal Communications Commission, Federal Aviation Administration and the American National Standards Institute shall be filed with the SPGA by the Special Permit holder. 12)Term of Special Permit. a) A Special Permit issued for any wireless service facility shall be valid for three (3) years. The special permit may be renewed under the same criteria as the original special permit, provided that the application for renewal of the special permit is made prior to the expiration date of the original or any renewed special permit. Additional measures governing the administration of the special permit are found in Section 10.3 of this Zoning Bylaw. • Zoning Board of Appeals & Planning Board Board of Selectmen Recommendation: To be made at Town Meeting ' Planning Board Recommendation: To be made at Town Meeting Article 37. Amend Zoning Bylaw Section 2.65 Special Permit Granting Authority. To see if the Town will vote to amend the Zoning Bylaw Section 2.65 Special Permit Granting Authority, by adding the following ing language "Wireless Service Facilities"after the words"Watershed Protection District". Planning Board • 56 Board of Selectmen Recommendation: To be made at Town Meeting Planning Board Recommendation: To be made at Town Meeting 1� F 'f0 ZIlEI1S O •St3' - � _ Article 38. Amend Zoning Bylaw Section 83 Site Plan Review. To see if the Town will vote to amend the Zoning Bylaw Section 8.3, Site Plan Review by adding the following language: • 8.3 2 a)(iv) The construction of any new wireless service facility on a previously ( )( a it Wireless Service Facilities Use permitted facility as set forth in Section 8.9 (3}( )(��) Regulations. 8.3(5)(f) If the site plan review application is for the construction of any new Wireless service facility on a previously permitted facilityrequiredset forth n Section by Section 8.9{5)I must also Service Facilities Use Regulations, the information be submitted. The SPGA may grant a waiver from these submittal requirements if it finds that such information is not needed for a thorough review of a proposed Personal wireless service facility. Ping Board Board of Selectmen Recommendation: To be made at Town Meeting Planning Board Recommendation. To be made at Town Meeting _ :: ..i. ' waw •✓ Nis T, IATIO T"Artrcle3&is passu; 5 i !ce y� SerinceFne heSiInr Y,:04:, I-NN - thatWG. bpAe*thoweverth Article 39. Amend Town .Code- Chapter 178 Wetlands Bylaw To see iflacin the Town will vote to amend the Town Code,Chapter 178 -Wetlands Bylaw by replacing it in its entirety with the following text: 178.1 PURPOSE w is to reserve and protect the wetland resource areas Bylaw of this B P u ose y 'on of Thep purpose verb regulation , do f North An y (as specified in Section 178.2).of the Town o the North control of, activities (as specified in Section 178.0 deemed by Andover Conservation Commission (the "Commission") to ha4e significant or cumulatively detrimental effect upon the following interests and ntion and including: public or private water supply; groundwater; the p 57 10/24/00 TUE 122 d 31 FAX 508 872 9017 BOWDITCH & DEWEY F9044 • l�on2 EXHIBIT "K" C0Nt11►iUNnW DEVELOPMENT AND S-M-WCES' 30 SCIMI SOce= •�' Noah Andow,MMSWbMM G l"5 -+asws .iiAm I.SCOTT NOTICE 0f: DECISIt3N Any appeal steals be filled within (20) days after the r�: date cf tilting this Notice 0 in the office of the Town Cleric. Date ay-cil-23-2-9" Date of Nearing�-ch 1a, '. 'x'1 6, 3999 "Vil 20, 1999 - P etitien of �z s Nicea ess premises affects Ho,ct+ou•H.i1], soaa Referring to the above petjUon for a special permit from Me requirements of the , yarth MWOVer zon.i.na Maw Stctioa .8.9 b land to i�astall sad apes t:. an a pa rrael a1C pzivataly awna-4 a t S �g5ti0uII so as to allow t LL Road wireless cc4mu"icat1=W Ine3.l.itleff oeasistias of all ant =a arzay certain radio alcor( r b telephoneequi�eur. After a public hearing given on the above date, the Planning eozd vated to ax�Ao�-E the . special pe=it based upon the following c-cnditions: • r Sign CC- Director of Public WcrkS Richard s.�owen_Chairman building InspeCioran e/Land Use Planner Alison s ams u V- C i Natural Resourc . Health Sanitarian John 5lnue '� Assessors Police chief Ri chard Ndrd-4110 Fire Chief - Applicanty Ma}eonev - Engineer Jas+esrh Towns Outside Consultant planning Board File Interested Parties OIIietL9(rC�fitcZ•lJyi '9'S v=-4jXC=)Ana l)P.&ffL%L3-t7IM�'�� 10/24/00 TUE 12:31 FAI 508 872 9917 BOWDITCH & DEM Q 0433 - -• : .. AT & T Wireless Services—5 1305WO Bbl Ra-d Special Permit vet the Spm Penvic to iastmit and oW=.on a parcri The Pbaaning Board lawn wpm ns fWakies • of privaecly awned laud jog 5 8oszna Hr71 Road wQeless Commurti� . to!ss toountcd m s�cistjog�3 lattice tAwmr)said cart zhi consisting of'an =Y t to be on second fluor o�'s;.'aStlm$ c�liu eles+troaic and tcicphotse a9�( V buil&g ttsat serves as the base of the lattue tower) in the ifte RGgi Zoaimft District.Tl+iS Special Permit was t+aPested by AT&T VArcka PCS,400 Blest M Drive., Suite 100, Westwood.MA 0?. O-2161. This appr=tion azul addipw rmi doame tnda n as cited herein was filed with dw Pia nimg Board an Februfty 16. 19" with subsequent stab on fDe- The planning Board rr>akes the folawkg fiodha as requited by the North Andorcr Zoning Bylaw Section 8.9: FINDINGS OF FACT: 1. The 3pecifis: situ is un appropriate lecntion for the pray os it is being coilocatcd oft an c:dsti:s Wireless location. 2. The use as&vel)ped mll not adVCrsely a$eact the cs borhood as indicated b r the avaiysis conduatcd by AT&T and MmId Sam 3. The=rricr has dem ar strUtd tbat the 6cdit_v is mmessmy is order to provide• satvice to the public. 4. The plm meets Lbe requkernegs of the Wu-cless S*tvico Faoditus by b&w section 5.9. 5. Adequate and appcogtl~tte j=Tejes wiR be proms for ft PmI=Ofem6"of the proposed age. compli�w�th*Town of FinaAy the Planning Board fords tfistt this prom ='- �conditions North A,adover%oning Bylaw M 25> in Sec�on 8-9 mtequ an rovQl to the in order to be fully in compl�cc- Tbc P Barad ►tents aMii=l provided the fa lowing conditions are met SPECIAL CONDMONSr 1: Dseondnuawee AbastdotzxK4mt 1ar�s to moo or&patine Ov-nm 's°n vfee a} NE such dm that a tea'P US mal cf w-irewo servicc flouty,writ =Tier win m Y trite Town by Such notice a the proposed date of abandorucmat or disco n of op"" shall be given " less t1m 30 &Y5 prior to ab"dom'ca of �°ntirtvatioa of AT it T tlrire: 5v�rig -5 Aosaoe in'l Ruud 4 10/24/00 TUE 12:32 FAAI 508 872 9017 BOWDITCH & DEWEY u�048 0 ` In the meat that a kens ed carrier fads to -iw search acrlhe w� genice 93"be t OmWe>'ed.at78adotd ulxm&sccu6nui lion b) (:Fun abanddrmvent or discontinueetiron of-use, the carrier shalt phY��' the wireims service facgkY witbit> 90 days trot, ft dM of atZudOtattestc vc disnantirnuation vfum -Physj=w reraiDser Slttttl F=Igde, but not be limited to: i) Removal of =�-�p�c shelters sail svcwtity barriers Omm rhe subjcxt gro�cttp. • u7 groper dispead of the w=ft mat+erioLs from the site in wwordance with lvcsi Md state saw waste disposal rreplaoM iitl R,estoriug the loc umn of E10 wireless st:rvirr MrAty to its =n=21 caaditian. e pE Etau anal► hWs=Ving and V=fWqgr sbail rmnoalt dsc 00w-co"ditiwn- rmk ix)r die 'Wit, consonuMoR or c) .0.:; a condidoa of sal s}uciai pe into rhodi n of a wireless service f Bity,a� �r¢om the PLace escrow-a seen of a into prop—Y- mntiey to cover the costs of remo�:ing t10 >, or other emiifired p rofcsaioaal Sdid awounc sbt it be c tudlied by an - q reestemd to pracrncte in the Ca, - ,nwaalth of bkwAhumm Said Uids shad be held by an indepet dmu escrow agcnc to be appoi*_4 by the corckr and rhe SPGR. The r-inicr aban authorize and. as necessuY..AM obtain tater.batioa of tate owm;r of tha property to allow th* mt w ato enter�ti=subject ProPortr to r=ove the hcdity when the factUlty lits baste abandoned or discoed. In tau: cvemt the posted amoetat dtfs not cover alts cost of dcmoiitaon=d/or re:aoval the Town=y place a lits apo,the p+noper�y coveringthe differe>7c. in cost. d) A facdily still be deed to be abnodOtled oc diacondnucd if it has not been used far the purpose for which it way ortkla ► coolojcted for a period of-six (6) months or more. 0= abaautdowngm or d--- arras occ mrc& th* ca shall remove ft &cfty from the wbiect proPerty Writhia nigetY days.In Etre event the MWU Ann give notice to the=Ziet ti�u tEm csatsier fails to remove t3ae, Y, �„ . and the in ttd> escrow agent that the Facility shall be removed by Ube escra ,sent fatthwith and the escrow agestt. eller atEOtd>h6 vYrilttm aaytxca acwea days is adw.>mce to dte cwicr,fta remove tht kc i ity 2) performance Givartntees a) insutnace in a resonabk atnpuat datemimd soil appavcd by th,SPGA a6mr ccasuhation at the expert of the aVpgc=wcth.one(1)or more ib&setrance be in force m cover darstagc firaaa 69 s e from companies shall hied mF . . mus= be m= afvfsni«d iretur usbchties. Acmes!Proof . �missLons and ot�rr efts 1 • .r with the SPGR. b) Funds, sutfieiez in the oginiOu of the SPGA to c:ovcr saauat Hca of the fatuity,shall be ptttcod into escrow and be k£oby tate,etmnmh of PeVA=A escrow ageDt who shall be authori=d to =p=dthe 0 AT A,T W iMcm SaM=-5 t3u�tun HiD teu�d Z 14/2s/oa 7CE 12:32 FAX 548 872 901? BOVDITCE & DEWEY 1@047 £ia7uy on terms•to be agreed oM by ftlac t SPGA as a c ditioss of approval of the special P.W= . Cogagamm with th C standards of the c)- AsuwxI cenification deme OOOLdW son.Federd MUM' isttniioq mxl the Federal CpnwamdcatiOus Co Ami=,N46ermi Stgexloriis Ittstidtm shall be#11esi with the 5I'GA by the 5 permit holder: • 3) Term of Special Pet it. chat Finak nowd fee my wireless sem=liu.&y�be vdid Ser three 0) a) A Spemin tht�M.AcriM 0 ft ori y�ts. Th..sp,,W Permit may be renew =wwal of thepen=k is special permit.provided*at the appy� made prior to the expiration dace:o f tbo ori_dul or eny telw%wd sPeeai PfuliL Addida al MMMCS Sayer the ado:fi*Mtiosn of the special PCMft aro found is Section 10.3 of the Zorsa a BYlaw- the licaat sball=boa to the.SPGA.within 90 b) After the ahcility is in oadO0. intervals Brom the: dote ofssuhnce aF days of b�mft oP ns rind at =nuW ' Such ttic Special PeM preexist=% and cuarig RFR noeasyrers . and by an RE ennieer._stam* that REP, m-esus esaettts sly he sued e fa to rz»sssluealCnts etre:tcc»te� are iso cosmpii�ace or�� Section »~9(�xeX 1) comply with all appti bk FCC Gsas �Mme�eancutsars shad be submitted ksr RFR Filing Requireg==of this Byh both the apQfic-ma and A co-Ioc atom a dw appy �'g submit to the e) After the wire:le service f �ity is in oP W.permit,.and nt a SFGA: within 90 dnrs of WO �oEthe Spee and cs004 from dm data of insonate of the Spm Permit, a� Such � ==M4ts of =Ustic Noise: fmin the " -that and No= tuia� sub-actio sly be catti�6ad � :�Tuise S ° • Heise mea stcsax�sas avee susctatatc atsd tbrwatd m & eflM* 6.13.14.5 of this Bylaw• Tac aP Sosr MV,=W qM&=g engineer, saiectrd by the TOW131 the above Matezials slnil pay for smh rev'ie'w. interest s� ' the d) The appiicat or �may a shall i xhsd�but Wireless MV=qty , Y of dw woum and sccurkY shall not be W*ed to,paidtiM4barrier soul Majntcna=of tba buffer std hLudscapins- g . , the s iicant .t. Prior to the ene�orsement of the pMttldj��a Planning Hossrd, pQ must camPIV with the ropsmmmg as for tescin� 3) The lienal Shia provide a amp Wdi�tting thea i armed ioe:ttio as requited above. 0 AT;LT Vs —5ads=H01 Rix" X0/24/00 TUE -2:32 FAX 508 872 9017 BOWDITCH & DEWEY 1@043 b) A bond in the amount Of$&"ab--sly pw r-d Jr the purpose a The bondthat is a final M-bolt plan SbQwi9 the location of nil urs site also in piece to lm"tbut the site is constructed is accardaztce with the. appmved pian. This bond shall be in the formof a Check made out to the Town aMorth And�ever. This dwok will.ffi=be deposited into an inters sr ung escrow a,deount. 5_ Prior to the Sart of COUSIC uCdOl" be submitted to the P •6" Staff far the • a) A Cvcss� ICdOn schcduk stwll ptupose of t=long ttie Q=roan and iaordm—the publk of an6c4 amd,actividm oa tiro site. C} The appficwt Simi determine the ptme dstb*coodidam n f the noise Icweis emanadno Cram tho site are to detcrmiDc the b&=Bm tour corldi icon of the site mss. Tbg noise survey vg.PtO� Wc of the origin of 5�uroundin3 .i= and Herefore a 13=1100=Ujition hom whi6 the appaco" to rrokst Chcit inters. The anise ievebc dmn not is eam ttre broadband ie rei by wort Oben 10 dB fol above the mbiem lcyeb or produce a';P`"wrier condition n sea forth in OAQC Polu7 go-MI.the guidcrm for 310 C)ZL 7.10.The appa=m am use rekvmA Pruf=96sfl amictistg data finest w Priaunds buildWg use to build a basad hated oa prior use ofdw buldb* c° Rcfcreacex to sourness fur dato,amst be jmi ided is the ma(=iaL d) The oppfiC=L shall PMV de tla:==s=y escrow aecouncs zod imus mIg as required in the abM mm ic'm 3. Prior to FORM U vcrM atioa (Building Pewit (ssuoncC)- a) The fiW site Ow wIlm must be endorsed and three(3)copes of the signed,pians mmit be deliver to the PbMft Dapastn't' • b) A COACCL copy of tha recorded derision=mt be submitted to the Pl =dng Z� .!. Prior to veriffic 60G of the Certil3©te of Usae and OCrnP"4C*,►: spg>cm must,stsbtnk a lrttf 6t m ttx architect or cngWm of die PCqjCCt gafing that the coasnucsion a<rd°pemt1°��at�ily mPIY`�the refier =d at the end of des dr-cision� by the �- uad wiring gad shall.be so arranged best all b) ,tail lighting 3W Inner miera Shull be distal rays from sub MIS ate and shielded or recessed so as suit to shims uP*a abutting�err streets- _ Tbg PWming©T ftwt,$PPrpve nary clwngm to the approved U*htsns pian as submitted by d= app - 10/24/00 7-TE 12 r3 FAX 508 872 9017 BOWDITCH & DEWEY 049 A1' S. Prior to the fiMat release of acturitr: A final ats-bk Ptah showing Cnrai coestrucdon and location of tlw w hardware simll be subalill'.to and mvicv.ed by the P1sz»zk*Sttaff. 6_ Aad stockpiiing of==ills(dirt w od,cotstr=ion rz vvninL ctc.) must be Shown oti a plan acid wc:d and approved by the Pls�ioog Sm!'1 Any apprd+retl ! piks o�=Udo cavercd at all times to mea anr►dost,problans that=7 vcc„r with ad*em properties. Amy stock Piics to re.� for lower than one week must be fe=ed off and coves. 7_ to an efott to reduce noise k-mis,the appk=c shit klp is optimum vrorlarG order, thmugh Mgular nwwm ww=. any and ail equipmene that sbaR care sounds from the atrtlatures or site. ga ro equipment or ether equOment that wM cmaaace nurse- din-kveis cited herein shall be piaccd on the exterior of the structure. S uch equiPMM shalt be enclosed as shown on the plans. 9. All sitc liwamg...ha provide security for the site and structures however R.mit not orate TW ShM or Projcat=Y 1W outs acijaceai residetuial preQ . t z. The contractor sha11 contact Dig Sak at k ost 7:.hours prior to cotr>mwiv3 anY excavation. 13. The Provisionsor this enadrtional approval shat!appiv to and be. binding upon the aPP�-its ermio�and an s � and�sigus in ipterest or eaatzol. that requires changes in 14. �action by a Town Bagtti, CQcoez � dm�� the plan or desip ofdw building as pc a Board, my ! 3ubjeet w baa by the'Pkxming Baard. 1;. Uy reviswas shall be subwitted to ftTown pL==for review Lf(hese rdvisioas are decuied mWandaL the app&=MLM 9u0t f P'm the PU"ning Board for aMroval 16. This SQectat Pcrmd appro val"be deemed to have kpsed after tM Years from the date permit grained unless sum use or cor sauc6on has earmneMC& S ubSMntw uwor eoMr wvL wt71 be determined bw a majority vow of tie P wnrling Board. - 17. i`!o bjrd er s==tut'es-shrill be c Uztr=tcd on the eraund fr�the ase of the tower within as axes equal to rwi= the height of rhe cower on which t#ie devices arc to be installed. ! ?T a T W i ch=iWACM-5 Simon 101 Mod 6 10/24/00 MUE 12:33 R11 508 872 9017 BOWDITCE & DEWY e ..r ..r...r.. •.. www.r.�a.� was . .ra ....Mw rru ra.a.. u .ti e... .iMI�. . ...a . +�� ....:..ra.. is. The folia in&trnadon shall be VW of the decision Plan titled: AT&T W"=Im stxvicrs Bastion FH! North Andover.MA 01843 E 424.2 propared for AT&T,Vutk ss Sa vicca 400 Blue HM Road.Suite 100 Westwood,MA 112090-31611 Prepared by: Gr -P - (=. catimiting Ensit ms 33 Boston Post Bond M=%orough.MA 01753 Dated: l:cbmnry 12. 1999 Siwcts. 1 through 14 b) liport: Appticatu�n to Pbani*2 Board Town urNurth Andover 6y AT&T W-welcm SeM=Februmly 16. 1999 Prepared tbr. AT&T Wzceless PCS 400 a,=MM Drive Suite 100 Westwood MA.02090-2161 Co_APpjij=nt Bmjnrni n Famum LLC '29?F=wn Stteei-Xw*A dcv'e ' Prepared try: Thou=G. Schnorr Anorney for AT&T VIAVIess SdT*ms Palmer&bodge One Bewon Street Boston Mass. 02108 CL. Director of Public Woz BuMme lmpeetor Heahh.Ptor Azscwors Conservation AdmWstr=r pwmdn Board Police CW ]Fire Chief AppT=nt File sem_ Ar&,r winactit sees-s aoa�a.fall R=d 6 _ EXHIBIT "L" TOWN OF NORTH ANDOVER BUR DING DKPAR131FZ T APPLICATION To CONSTBucr imAm BzmwATE,CBANGE THE USE oR occurANcy oF, oR D ANY NuaA m m OTHER THAN A ONE OR TWO FAM MY.VWZUX41G. Section for OW=d Use<©F! BUILDING PERMIT NUMBER: DATE ISSUED: Z SIGNATURE: Q Btu1 ' qfBmUdbm DM I.I` Ptogaty Address. 1.2 As ==mmp and Fuad NunA SAST-SN ST 147 C 11 North. Andover, MA 01$45,- Map Nmubcr PNlm"r 1.3 Zmainght mmmim .1.4 hapatyMmmim: v Existing Cell Tower 4 4� 1350.1 Zot»n 13iOrict _- Ilse I LatAram TTI 1.6 WELDING SETBAMS(it) From Yard Side Yard Rear Yard Provide Pmvided Pmvided 25 1 2 15 15- 1.7 wag=Sap*A&CYCAO. S4) t.s. Fioodza hdmmdm 1.3 saa=vFD*-d SyW-WA ply a p� Zan omsiaoFloodTma V ai oesij"A 3"m q 2.1 Owner of Raxord Name Addrem*r m S' re TeiepLme 2.2 Authorized Agent _.. Name Print Address for Strview z +^^ V z Signature Telephone m • go 3.1 Licensed CoasWacaion Supervisor Nat Ap o V Installation will be performed by owner Ad 1icense Number 0 I iccuscd Causuuction Supervimr > EViudm Daft a r Signature T •< 32 Registered Home lmpm"=mt Caattac bw Not Appfimble M v Installation will be performed by owner Company Name_ Rc&OFAim Niambar m r Aaddmss upilafim Daft z Signaoiure Telephone • j �Vo*kers Compensation Insurance allidavit must be completed.and submitted with this+application_ Faduc to provide this affidavit will resaalt in the denial of lie � issuam:e of the building permit. I ivned affidavitAttached 'Tea .......0 No... LI SR £l�N -1e�i 11 WK r 5-1 Registered Arehiiect: Name: - — Address Signature Telephone { Daigle Engineering Area of Respowibility Name: Md 0.1$(&4 Registration Number Address: t J# -�` � ExPzratian bate Signature Total 1 Not applicable Q Mame: Registration Number Address Signature Telephone Expiration Date Name Area of Responsibility ! Address Registration Number Signature Telephone Expiration late Name Area of Responsibility Address Registration Number Signature Telephone Expiration Date Not Applicable ❑ Company Name: Responsible in Charge of Construction J New Costrueevon _ 11 Existing;wilding 11, Repwm) 0 Alterations(s) i j 1 Additibn c sa:y.i'slc3g_ 0 1 D-amodtion C, Other .s Specify_ see description Beet Descrapdom of proposed-worn: j c Add Two Mi rowave Anteunas i USE GROUP(Check as hcable) CONSTRUCnON TYPE A Asse mbly t; A-1 C A-2 t7 A-3 0 1A 0 A-4 r A-5 0 1B 0 1 B Business i 2A 0 is Educational 2B 0 F Factory 0 F-1 0 F-:,' C) 2C ❑ H High Hazard C1 3A C, 1 institutional l-1 (7 1--2 0 I-3 0 . 313 u j M, Mercantile: 7 4 � R residential ; o R-1 0 R-2 0 R-3 5A ❑ S Storage 0 S-1 0 S-2 0 5B 0 1 UUtAity e� Spedhr 7R0 rMR�_] accessory character not rlaecifipd in any ;DprifiC US M M xeduse CJ specify: 4roup S Special Use —� Ll Specify- COMPLETE pecify:CO LETE THIS S;ECTTON IF EVSTING BUILDING UNDERGOMG MNOVA3TONS,ADDITIONS AND OR CHALNGI IN USE Existing Use Group: 11ti i 1,�i t y Proposes}Use Group: Existing Hazard index 780 CMR 34:_ NZA Proposed Hazard Index 780 CMR 34: N/A 13 aDING AREA EXISTING if MVhvable) Pxonosm Number of Floors or Stories Include Basement levels Floor Area per Floor 'st3 1296 Total Area st Totai Height(ft) In t Structa3al Engineering Strta:birai Peer Review Regoved Yes 0 No SECTION 10a Owner An6orrkation- TO DE CtDAHILETED WMN OWNERS A+GEATI'OR CONT RAC OR AiP'#'L1ES FOR DUMDE4G l'ERM!'T L Benjamin Farnum as Owner of the subjed ptaperty Hereby authorize myself to act on My beW in aIt matters reiatis=e work=Iby tWs l mWmg pen=aMhcativn Sim of Owner late �' p Hereby declare that the statcments and uEbtu an an the ung agAication are t[me and ac=ate,to the best of my knowledge and belie£ Signed under the puns and penalties of perjury Print Name Signature of Owner/Agmd Date s - Item Estimated Cost(Dollars)to be Completed by permit aW icant 1. Building— .(a) Building Permit Fee 400060 Multiplier 2 Electrical (b) Estimated Total Cost of Construction$nun 6) 3 Plumbing Building Permit fee (a):(b) 4 Mechanical(HVAC) 5 Fire Protection 6 Total (1+2+3+4+5) CbeckNumber OREM NO.OF STORIES Existing Structure 512E BASE1& TI'OR SLAB SIZE OF FLOOR TIMBERS isrYW 3 SPAN DEMENSIONS OF SILLS DEMENSIONS OF POSTS DIMENSIONS OF GIRDERS HEIGHT OF FOUNDATION 1HECgNESS SIZE OF FOOTING X MATERIAL OF CBI NEY IS BUII DING ON SOLID OR Fltd'ED LAND IS BUILDING CONNECTED TO NATURAL GAS.LINE L-�� N,t� 17lA• - � i 4 S 1 5c� Aft l i f 3 1 -- E ST-- CT 10l� W� 14 Mit P� \s �tcn OAT, PULSEW Y k S7, - It"SiON OATF 2+ Daigle Engtneom, Inc. • ' dmpt East: River Piaca Mothven, MA 01844-38i$ td.t' 478 682 1748 rav4w.daigtopa.cam q78 682 6421 !>ax) s16tiATi.Rr _ - EXHIBIT I'M" MURTHA C ULLINA - 6W UMCOBN FAM DMW Roam CARENs & DEGiA ono WC MAN,MMSAOIUSE�l 01801-3343 A Ll M ITED LIABILITY P A R T N E R S H I P TEEJU (781)93.3-5909 FAC MM ET 0781)TM-I530 wwvKn nz@mt=-w August 15,2001 CERTg'IED MAII. R.ETUI2N RECEIPT REQtJESTED • ARTICLE Na 7099 3400 0010 03 3871 D.Robert Nicetta Building Inspector Municipal Building 120 N.Main Street No. Andover, Massachusetts 01845 RE.- Building Permit,Boston Stns Map 107C Parcel 11 Dear W.Nice= Please be advised that as of this date the Town of North Ando is not in compliance with the provisions of 780 CMR. 111.1 with respect to the ve mentioned application.. Kindly respond as soon.as possible, �Ytrulyyo FAD/mjz Enclosures cc: State Building Code Appeals Board 3 0 S T 0 N H A R T F O R D N E W H A V E N W Q B U R N EXHIBIT "N„ ll r ARGEfl PAUL CEL3..IICCI �Y.309 S mustO TsursUMI Governor �� 02908 TqMWLx0GW SANE Lieuseaassi G*3,raaer ,;(617)727-7532 FAX (617)227-1754 ]ANE AU4V r-z STA M USE ONLY STATE.BUMDLNG CODE APPEALS. : . Fee Received: APPEAL APPLICATION FORM Check-No.. -,3 Received By: ' DATE: S en�-�---- 2001 DOCKETNUMBER: (Stan:use Only) and Standardsfrom the decision OHM, undersignedhereby appeab to the State Board of Building R am BuiidingOfficialframtheCiryrl'ownof Robert Nicetta, Building Insvector rte,^ of North BoardOf APPeals from the Cltyfrown of: N/A Other MunicipaiAgenr.Y1Ofr2CWentis1ed: State Agency/Officiaientided: N /A- OTHER: N/A Dated:Aug. 15, 20. ,having been a+gsievedby such(cbe& aPPro � Interpretation o Order 0 __ Requirement C Direction' o Failureto Act iK Other o Explain See c All aaoroariaie code sections Mut be identified. All wsi cn SUPpo�+gd0=-aenta�tatoa must be s-sbtai#ted with t iR • application.-However,the Board reserves the rightto sflatinnetl�e ptocssdiagifsach taateriaiwarrautsexieasive review. State Z=Wdeisiretirefle. Require the North Andover Buildin De artment to take action and—i her a rove or deny the Building Permit Application APPELLANT: Benjamin Farnum ADDRESS FOR SERVICE 397 Farnum Street, North Andover MA •01845 ?eiephone No. 97 8 • 582-3817. 817. ADDRESS OF SUBJECT PROPERTY: Map 107C, Parcel 11, Boston Street-. North Andover APP£LI-,kN,I'SCONNECTl, UBJECTPROPERT'Y: OWNF,R Benjamin Farnum S�7a04A (.xAatE-PLEASE PR Nib . _ .^rocesoccrl"T.\TT�rT DESCRIPTION OF BUILDING OR STRUCTURE RELATM TO THE MASSACHUSETTS STATE BUILDING CODE (780 CMR 6th EDITION: (Checkasappropmm) CheckH.em ifBuilding is a Oneor Two FaaulY Dwediing Proceed to section entitled "Brief Desmptt=of the Proposed Work" - Do not complete the tables below- DESCRIPTION dF PROPOSED WORM tabeeic ail appy cable) Nese c nsttuction Egg Building • Repair(s) (� Addition Amy B14& Demolition Od= Brief Descaptioa of Proposed wodc Placement of 2 Antennae on-Tower USE GROUP A<LNM COINSTRUCTION TYPE USE GROUP(Check as appNeabk) t Y)ms mucnaN'TYPE A Amembly A-1 A•2 A-3 1A A-4 MS IB B Busyness 2A E Educatioaai 2B F Factory 1»1 Sa 2C HSOHxmd 3A I irmiramio�i I-1 �Z 13 3B Ai Ma�roWe 4 R Ragdcatia1 R:1 R3 R-3 $A S Smeage S_1 S_2 58 u Udray ' Specify:' 78Q• (`MR 312 ac-a�cen_= cb rari-PTr nob- C17S m Mixed use in any SAeC.� i s use group. ` • S spaw use specify: -- . '.'.,�mPi.ETE ms sEcncN 1F mBST]NG BULLRING UNDERmm RENOVATIONS.ADDTIIONs ANDVOR CHANGE 1N USE Existing Use Group: Uso soup: Existing hazard Indcx(780 04R 34): Fmpmd Hxcwd hWex(780 CMR 34): BUILM RG BLIGHT A8D AREA BUMDING AREA Existing(if applicable) Proposed Number of Moors or stories include basement levels Flaor Area per Floor(so 1296 Total Area(sf) 9072- Tow-Height 0 2Tow-Height(ft) $5 Brief Description of the Proposed Work: Placement of (2) Antennae on Tower. Attachment A On or about June 29, 2001, a Building Permit Application was filed with the North Andover Building Inspector concerning land identified on North Andover .Assessor's Map 107C as Parcel 11. (See Exhibit A). On or about August 15, 2001, the North Andover Building Department was informed of its non-compliance under the provisions of 780 CMR 312.1. (See Exhibit B). Additional information concerning zoning was requested but as of this date, no further action has been taken by the Town of North Andover: No approval and no denial. • r • LEC <-tee 1 04 : 10 AM EXHIBIT "p" l�.�irra�r'rr.'' w?l' dt.�in1r• '��+ M _ .t it ' .. •.le�:.'• ��_y. /'��.'°.y�•�',{.:;-:.��:�yr� � f/:cu:..:t'• j,:r :•rl(.,1'.•'I^.L''• • as o� ° �'s••/ Aacw- EMAN'tavrsM 8�eranry7lIOMA3L; g TEL,(617)727-7332 PAX: (617)227-1754 AdmdWnmw STATE BUM DING CODE �' S BOARD 1 Date: December 20,2001 Name of Appellant: Service Address:. Mr.Benjallvn Famum 397F4tm=Street N Andovw,MA 01845 Docket N mbw.' '' 01-I53 lk map 107C PtoPfftY:Addrms: ' Paivei 11,Boston Street N.AudovM MA 01845 Datil of Bearing: Doomabor 18,2001 We are pk4sed to endow a copy of the decision t+ rove to the above caw Wl1et'm ccltmn vanances from the Static Building Code had been requested. Sinmely: STATE BUILDING}CODE APPEALS BOARD Jefftey Puttnam,Cleric .. r cc: State Building Code Appeals Boatel ' Buildhg•Otlimw • This correspondence has been inued from the Board of Building Regulations and Standards Taunton district office located at 1380 Bay Street, CF RC Bldg,.Taunton, MA 02780 DEC=20-2001 04 : 11 AM Pm03 STATE BUILDING CODE APPZALB'BOARD DodWt Number: 01-153 mate: December 20,2001 All-hearings are audio-recorded and-the audio tape (wbich is on file at the office of the Board of Building Regulations and Standards) serves as the official record of the hearing. Copies of the audio tape are available from the Board for a fee of$5.00 per copy. Please make requests for copies in writing and attach a check made payable to the Commonwealth of Massachusetts for the appropriate fee. • Requeib may be addressed to: Patricia A.Brennan,Program Mimager State Building Code Apeals Board BBRSMgwbnent of Public Safety P.O.Box 871 Taunton,MA 02780 of hasdag. All panties were duly sworn prior to ofknng testimony. Atteadtes: Benjamin O.Frwmn% Appellant a Benjamin S.Franum, Appellant's Rewe(Son) Finis A Muna, AppeHaWs Representative Robert Nicetta, ' Municipal Building Official-Town of N.Andover Beekgr rod: In his-letter,dated August 15,2001,Francis Dil mm attorney forte appellant,served a leder to'Mr.D.Robert Nicetta,Building Official,Town of N.Andover;,in reference to the following • Sefton of 780 CMR, Sixth Edition(the State Building Code), 111.1 for property located at Parcel 11, Boston Street'N.Andocer. A copy of said letter is made part of this decision. Relief Requested: The Appellant requested relief in the form of an order to mandate the building official to take action on a building permit application for Parcel 11,Boston Street,N.Andover. Appolant: The appellant's repoisantativc testifiedthat there is a proposal to construct an antenna for which a building permit was applied for on June 22,2001,and the local Building official has not taken any action on the Permit Mm appellant's np—eatative testified that they have tried to solve the situation with different tetters and correspondences to the building official,but have not prevailed. , • DEC-28-2001 04 : 11 AM P. 04 .1. W+ a: ' RATE DMI IDG CODZ AMM-A SCAB/ DockA Number:01-1S3 Datd:December 20,2001 Maaietipal Badding 1: The building official was present at the bearing and was in apposition to the requested relief. ! The building offxcial testified that lie made a mistake of not writing a denial letter based on zoning issues, and will issue one immediately. The building official thought a letter from the Town stating that the cxyaditions of the special pemnit a►ere not achieved was proper notice- D"ion• Following testimony,and based upon relevant information Provided,Board members voted as indicated below. ❑ ........ Granted ❑..........Denied ❑..........Rendered Integniadon X3=—..Granted with conditions(am below) ❑ .......Other(Last action) lu'vote was: t11S1SAL............ri]giMYYt ❑ .•........ Majority Lt my conditions,prowisoo,comments or snit v actia►es,it idy. The Board ordered the Building Official to take action forth with in Section 111.1 of the state building code,and issue a letter of denial based on the appellant not complying with the zoning issues: The following members voted in the above manner Clisimosn- *thMaurice Pileite Alexander Mac:LeadHoyle 3]EC=28-2001 94 . 12 AM 05 I STAT tIIrD iG•CQ�? �lPI L$BOAM D6"Number:01-153 Date:Decwbor 20,2001 A cwaplete eve record is on fde at ft office of*a Hoard of Building Regulations and Standards. • A true dopy west,dded: UU Jeffrey Putnam,Clerk Any person aggrieved by a decision of the State Buildmg Code Appeals board may appeal to a court of competent jurisdiction in accordance with Chapter 30A, Section 14 of the Massachusetts General Laws. Aga®07-2982 16 :58 PM EXHIBIT Town of North Andover Office of the Buuding Depalment f Comnwni t3 Development and Services Division •' P� � 27 Charles Street ' North Andover, MW D. Robert-Nicetta Telephone(978)668-9545 688-9542 Building Commiwioncs Pax ) 7snvuy 2,2002 wakaganda Fanmum 397 Faraum Street North Andover,MA 01845 RE: Bugg Permit State Builag Code Appeals Board M—1070,P-711 Docket Number. 01-153 Boston Stn et Date: December 20,2001 North Andover,MA ' Dear Mr. Fsrntnn: The purpose of this correspondence is to deny 3cw appRoad+on icor a&idldhtg Permit to add and area two(2)Kxmwave Antenmas at the referred location pursosat to 780 CMR, the'State Building Code-Sisth E ition,s.111.l and S.11:1.2. The denial is based on the appsaat not complying with =do issues,gpeariag in the SPLCIAL COMMONS,as noted in the Planning Board*cid Permit dated Apr}l 21, 1499, specKwally,hears 1c,2a,2b,4b,5a,5c,50a. Correspemdence from Heidi Gd iin to Atty. Francis DU ma,wiring the items is anclosed for yowr review. Tbs"Iting you floe'ym cooperada in this matter,I , Yours U*, tj D.]Wbert N icertft BuiWing Cotamiasuonar CC: Thomas Urbe k Town Comsel Heidi Gd1h Dime m CD&S Endware CERTIFIED MAI[.NO, 7000 0320 00215970 9689 HOARD OF APPEALS 6M9541 stMZING MS-9$45 •CONSS VATroN 68a-953o KEALTtd 6M4540 PLAAqNM 688.9535 EXHIBIT "Q'► TOWN OF NORTH ANDOVER FINDING 644. `' -ZONING BOARD OF APPEALS ' , - Procedure & Requirements For. an Application for a Finding Ten (10) copies of the following information must STEP 6:SCHEDULING OF HEARING AND be submitted thirty U days prior to the first public' PREPARATION OF LEGAL NOTICE: hearing. Failure to submit the required information The office of the Zoning Board of Appeals schedules within the time periods prescribed may result in a theapplicant for a hearing g date and prepares-the legal dismissal by the Zoning Board of an application as notice for mailing to the parties in interest(abutters)and incomplete. for publication in the newspaper. The petitioner is notified that the legal notice has been prepared and the The information herein is an abstract of more specific cost of the Party in Interest fee. .requirements fisted in the Zoning Board Rules and Regulations and is not meant to supersede them. Items that STEP 7:DELIVERY OF LEGAL NOTICE TO are underlined will be comoleted by the Town. NEWSPAPERIPARTY iN-INTEREST FEE: The petitioner picks up the legal notice-ft"! Office STEP 1:ADMINISTRATOR PERMIT DENIAL: of the Zoning Board of Appeals and delivers the legal- The,petitioner applies for a Building Permit and receives notice to the local newspaper for publication. a Permit Denial form completed by the Building Commissioner. STEP 8: PUBLIC HEARING BEFORE THE ZONING BOARD OF APPEALS: STEP 2: FINDING APPLICATION FORM: The petitioner should appear in his1her behalf,.or be Petitioner completes an application form to petition the represented by an aajent or attorney. in the absence of Board of Appeals for a FiNDING.All information as any appearance without due cause on behaff of the required in items 1 through and including 11 shall be petitioner,the Board shall decide on the matter by using completed. the Information it has otherwise received.. Step 3: PLAN PREPARATION: STEP 9: DECISION: Petitioner submits all of the required plan information as After the hearing, a copy of the Board's decision will be cited in item 10 page 4 of this form. sent to all parties in interest. Any appeal of the Board's decision may be made pursuant to Massachusetts STEP 4: SUBMIT APPLICATION: General Laws ch. 40A sec. 17,within twenty(20)days Petitioner submits one (1)original of all the required after the decision is filed with the Town Clerk. information and 10 xerox copies to the ZBA Secretary. The original will be stamped by the Town Clerk Step 10: RECORDING CERTIFICATE OF DECISION certifying the time and date of fling.The remaining ten PLANS, copies will remain at the office of the Zoning Board of The petitioner is responsible for recording certification of Appeals secretary. the decision and any accompanying plans at the Essex County North Registry of Deeds, Lawrence STEP 5: LIST OF PARTIES IN INTEREST: Massachusetts, and shall.complete the Certification of Once the petitioner submits all of the required Recording forst and forward it to the Zoning Board of information, the petitioner requests from the Assessors Appeals and the Building Department Office. Office a.certified list of Parties in interest(abutters). - M �CD C-) IMPORTANT PHONE NUMBERS: F-r- PQ I;. 978-688=9541 Zoning.Board of Appeals Office r.:-• 978-688-9501 Town,Cleric's Office O ( > a v; 978-688-9545 Building Departments D FEB 2 6 2002 w a BOARD OF APPEALS • Page 2. of 4 Date &Time Stamp Application fora F 1 N D 1 NG - NORTH ANDav�� BC3Ai�D of APP�ALs 1. Petitioner. Name, address andlelephone number: Benjamin Farnum, 397 Farnum S Massachuset (978) 725-4954 'The peftm shall be entered on the notice and the dec Mw as w t and above. 2. Owners of Land: Name, Address and Telephone number and number of years under this ownership: 397 Farnum Street, North Andover Massachusetts (978) 725-4954 ---- Years Owned Cand: Kings Grant to the Farnum Family 3. Location of Property: a. Street: Five Boston Street Zoning District R-2 b. Assessors: Map number jgzc Lot Number. 11 c. Registry of Deeds: Book Number 1656 Page Number: 94 (see Essex Probate No. 350362 4. Zoning Sections under which the petition for the Finding is made Denial of the Building Commissioner of an Application for a Building Permit. •Refw to the Permit Denial and Zoning By-taw Plan Rwiew as supplied by the BgiMV Cosa dimer �. Describe the Finding request: The Petitioner requests the Board to overturn the decision of the Building Commissioner denying a Building Permit for the erection of. z Microwave Antenannae*on an existing -. tower. *Dish "fife above description shaft be fnd for the pfarpoae of tae kVM nodes and dedsfon. A more dntaiied dfescrtption+h nmpdmd purseant to tae Zonmcg Board Rules and ReguMdow as dtsd an page 4 of thM mon.Faison by the applicant to dearty descnite tae Mqued my rewa in a deddon tont does not address tae mftent of to ltd. The decision'wM be imtfited to tae reWMd by tfte apPft=d and wM not hnPOWe additional hems not bx*vded above. 6a,. Difference from Zoning By-LAW requirements: indiicae the dimensions that will not meet current Zoning By-Law Requirements. (A and B are in the rase of a lot split) Lot Area Open Space Percent.Lot Frontage Parking Minimum.Lot set Bade Sq. Ft Sq. Ft. Coverage Fed Spaces Front Side A Side 8 Rear A. N/A ----- --- % -- -- -- - - -- - - B. N/A --- .. % - . -- ---- ---_ _--_--_ ` Page 3 ofApplication.fbr a FINDi NG �P�• s 4 NORTH ANDOVER ZONING BOARD OF APPALS 6. b. Existing Lot; r Lot Area Open Space Percent Lot Frontage Parking * Minimum Lot set Back' Sq. Ft. Sq. Ft Coverage Feet Spaces Front' Side A * Side B Rear 9.49A N A_ N/A _% _i3 5Qof _25+_. .i s+- .1�_ _.3SZ+ c. Proposed Lot,(S): Lot Area Open Space Percent Lot Frontage Parking * Minimum tat set Baric Sq. Ft Sq. Ft Coverage Feet Spaces Front Side A Side 8 Rear N/A ----- ------ % ----- _. — ---- ---- ---- --- d. Required Lot (As required by Zoning By-Law) Lot Area Open Space- Percent Lot Frontage Parking * Minimum tat set Bach Sq. Ft Sq. Ft Coverage Feet Spaces Front Side A Side B Rear 43.560 N/A N/A g6 250 0 25 15 15 30 T. a Existing Buildings: Ground Floor Number of Total use of Square feet Floors Sq,fed Building" 1,296 7 072. . Communication Tower N/A .. — ---- N/A 'Reference Use Code numbers and Uses from the Zoning By-law State number of unity;in bulk flog. b. Proposed Buildings: Ground Floor Number of Toth Use of Square feet Floors Sq.feet Building` 91 .1.9 The attachment of a 2.41 diameter microwave _ s to a esis .Ing tower s ruc re. N _/A _____ —_ N/A ------ ----------------------_-- 'Reference Use Code numbers and dress from the Zoning By-law State number of ung in building. 8. Petitioner and Landowner signature (s): Every application for a Finding shah be made on this form which is to ofFiclal form of the Zoning Board of Appeals. Every appicaft shelf be filed with the Town Clerk's Office. it shall be tate responsibroy of the pemoner to fumish i supporting doomytabon with Um application. The dated copy of this application received by the Town Clerk or the Zoning Board of Appeals does not absolve the applicant from that responsibility. The petitioner shm be responsible for all expenses for filing and legal notifirattoe. Failure to comply with appication requiexnerrts,as coed hereat and in the Zoning Board Rules and Reguiations may�resulmtiin issai,by the ZoningBoa applicatlot as incomplete.Signature Type above name Vhere Beni aurin. Farnum PAGE 4 OF 4 FINDING. • North Andover Zoning Board of Appeais 9. WRITTEN DOCUMENTATION Application for a Finding must be supported by a legibly written or typed memorandum setting forth in detail all facts relied upon. This is required in the case of a 1Q C. FEATURES TO BE INDICATED ON PLAN finding when the foilowing points based on MGLA ch. A- Site Orientation shall include: 40A sec. 6 and 9 and the North Andover Zoning By-Law 1. North point Section 9.0 a request for a FINDING shall be clearly 2. zoning district(s) identified and factually supported: Adding each,of 3. names of streets the below pohrts individually is required with this 4. wetlands to be shown on plan (#applicable) application. 5. abutters of property,within 300 foot radius 6. location of buildings of adjacent properties within 50' A. The particular use proposed for the land or from applicants proposed structure- structure. tructurestructure. 7. deed restrictions, easements B. Legend&Graphic Aids: B. Fad relied upon to support a Finding that the 1. Proposed features in.solld lines&outlined in red proposed extension or alteration shall not be more 2. Existing features to be removed in dashed fines substantially detrimental than the existing non: 3. Graphic Scales conforming use. 4. Date of Plan 5. Tale of Plan C. Addressing all details of the Building 6. Names addresses and phone numbers of the Commissioner's denial when appropriate. applicant, owner or record, and designer or surveyor. 10. Plait of Land Each application to the Zoning Board of Appeals shall 10 D. FURTHER REQUIREMENTS: be accompanied by the following described plan. Plans Major Projects shall require that in addition to the above must be submitted with this application to the Town features, pians must show detailed utilities, soils,and Clerk's Office and ZBA secretary at least thirty(30)days topographic information. A set.of building elevation and prior to the public hearing before the Zoning Board of interior of building plans shall be required when the Appeals. application involves new construction, conversion and/or a proposed change in use. Elevation plans for minor 10 A. Major Projects projects include decks,sheds,&garages shall be Major projects are those which involve one of the included with a side view depicted on the plot plan, following whether existing or proposed:a)five or more which include a ground level elevation. parking spaces, b)three or more dwelling units, c) 2000 square feet or more of building area. 11.APPLICATION FILING FEES Minor projects that are less than the above limits shall A: Notification Fees:.Applicant is to send by certified require only the plan information as indicated with an maul all legal notices to ail'abutters, and then supply asterisks (*). In some cases further information may be proof of mailing to the ZBA secretary. Applicant is to inquired Supply stamps(appropriate current postage)for mailing of decisions to all parties of interest as 10. B. Plan Specifications: identified in MGLA ch.40A, sec. 11 as listed on the a) Size of plan: Ten (10) copies of a plan not to application. ZBA Secretary will compute number of exceed 11°x17"preferred scale of 1.=40'. stamps. b) Plan prepared by a Registered Professional B. Applicant is to supply one(1)set ofaddressed Engineer and/or Land Surveyor,with a block for fire labels of abutters to ZBA Secretary who will mail ZBA signatures and date on mylar. decisions to abutters and parties in interest. C. Administirative fee of$50.00 per application. EXHIBIT 110 'own of forth Andover NOR7f, O s►an � y Office of the Zoning Board of Appeals Community Development and Services Division ; Heidi Griffin, Division Director �1ss„ ,, � 27 Charles Street cz D. Robert Nicetta North Andover,Massachusetts 01845 Telephone(978)688-9541 Building Commissioner Fax(978)688-9542 Any appeal shall be filed Notice of Decision within(20)days after the Year 2002 date of filing of this notice in the office of the Town Clerk Property at: Boston Street NAME: Benjamin Farnum,397 Fwnum Street -- DATE: -- 3/22/02 ADDRESS:for premises at: Boston Street PETITION: 2002-011 North Andover,MA 01845 HEARING(s): 3/12102 The North Andover Board of Appeals held a public hearing at its regular meeting oun Tuesday,March 12, 2002,at 7.30 PM upon the application of Benjamin Farnam,397 Farnum Street fr premises at: Boston Street,North Andover,requesting a Finding as a Party Aggrieved of the Building Commissioner's Decision denying a Special Permit for the erection of two microwave antennae on an existing tower within the Village Residential zoning district The following Board members were present: Robert P.Ford,John M.Pallne,Ellen P.Mchn)Te,George M.Earley,&Joseph D.LaGrasse. Upon a motion made by John M.Pallone and 2°d by Ellen P.Mebalyre the Board voted to GRANT the FINDING of the applicant as a Party Aggrieved of the Building Commissioner's decision and instruct the Building Commissioner to issue a Building Permit for the erection of two microwave antennae on the existing tower. Voting in favor:Robert P.Ford,John At Pallone,Ellen P.McIntyre,George ARL Earley,& Joseph D.LaGrasse. The Board finds fast the petitioner has satisfied the provisions of Section 10,paragraph 10.4 of the Zoning Bylaw and that the granting of this finding will not adversely affect the neighbourhood or derogate from the intent and purpose of the Zoning Bylaw. Town ofNorth Andover of Robert P.Ford,Acting Chairman N C� C� Decision2002-011 —f-` -M r f N iJ cl- C-, _ <Q r L3 t BO AR D OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 68a535.,C-v?� N f rl-,- -0 -c CD CT' EXHIBIT "S" Town of North Andover �ORTi� Office of the Zoning Board of Appeals Community Development and Services Division � - 27 Charles Street North Andover,Massachusetts 01845 D. Robert Nicetta Telephone(978)688-9542 Building Commissioner Fax(978)688-9542 Any appeal shall be fled Modification of Decision within(20)days after the Year 20©2 date of filing of this notice in the office of the Town Cleric. Property at: Boston Street NAME: Benjamin Farnum,397 Fam um Street DATE: 4/26/02 ADDRESS:for premises at Boston Street PETITION: 2002-011 North Andover,MA 01845 HEARING(s): 3/12/02 Modification head : 4124/02 The North Andover Board of Appeals held a meeting on Wednesday,April 24,2002 for modification of decision on Petition 2002-011,Dated 3/22/02,the application of Benjamin Farnum,397 Farnum Street for premises at: Boston Street,North Andover. The modification of decision is to change the clerical error from the words"Special Permit"to the wedsuVWg Permit» The remainder•of the decision remains in effect as vrritten. The following members were present and voted in favor: Robert P.Ford,John M Pallone,Ellen P. McIntyre and George Ni Earley. Town of North Andover Board oif Appeals, 0 R �Fe�g�' Decision2002-011 ModHication 42402 r� �- 0 .a--�-� CD n -+ m rn MC-0c, �. �c-) � c(nCD cU M - w BOARD OF APPEALS 688-9541 BUTIMING688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535 �►1 O R fH Cr7e.own of ► Andover ?- %I A o dover, Mass., t,.n`<1 7, Aea l COCHICKEWICK A00ATED PP�r`r�� S BOARD OF HEALTH PERMIT T D Food/Kitchen Septic system BUILDING INSPECTOR THIS CERTIFIES THAT ....� M-A.!� n..... ..........:..... Foundation has-permission to erect on...t3caS sa►.. .. ajb#.z....1e;.t.,,C........ Rough to be occupied as...M ..':t Chimney F.SA ..0,0*0 ,4O.M. ..:Tb,�+�ata�....................... provided that the person accepting this permit shall In every respect conform to the terms of the application on file in Final this office, and to the provisions of the Codes and By-Laws relating to the.Inspection, Alteration and Constructiop of Buildings In the Town of North Andover. -re M^%It Pf eLbalL,101e:.-se V" V" �'n VA- PLUMBING INSPECTOR Wit nc�s*s t4uAa r„u..,cr r►.tbti?rtet TI. 'retE VIOLATION of the Zoning or Building Regulations Voids this Perm t. &.,6 `� m "'4 `��'�� sic Rough '�Iw�.��aN•e.« Final PERMIT EXPIRES IN b MONTHS ELECTRICAL INSPECTOR UNLESS CONSTRUCTION STARTS Rough 04 04 ............................. mice BUILDING INSPECTOR Final Occupancy Permit Required to Occupy Building GAS INSPECTOR Display in a Conspicuous Plate on the Premises — Do Not Remove RoughFinal No Lathing or Dry Weill To Be Done FIRE IMPARTMENT x Until inspected and Approved by the Building Inspector. >ur H Street No. SEE REVERSE SIDE snv*e net. EXHIBIT "U" TOWN OF NORTH ANDOVER _ FINDI G ��- - Y3.. yMF ZONING BOAR? OF APPEALS �kg$ �AL 4• 4Z Procedure & Requirements For an Application for a Finding Ten (10) copies of the following information must 7.STEP 6: SCHEDULING OF HEARING AND be submitted thirty (10).days prior to the first public . PREPARATION OF LWAL NOTICE, hearing. Failure to submit the required information The Office of the Zoning Board of Appeals schedules within the time periods prescribed may result in a the applicant for a hearing date and prepares the legal dismissal by the Zoning Board of an application as notice for mailing to the parties in interest(abutters)and incomplete. for publication in the newspaper. The petitioner is notified that the legal notice has been prepared and the The information herein is an abstract of more specific cost of the Party in Interest fee. r requirements fisted in the Zoning Board Rules and Regulations and is not meant to supersede persede them. Items ttrat STEP 7: DELIVERY OF LEGAI.NOTICE TO are underlined will be completed by the Town. NEWSPAPER/PARTY IN INTEREST FEE: The petitioner picks up the legal notice from the Office STEP 1:ADMINISTRATOR PERMIT DENIAL: of the Zoning Board of Appeaft and delivers the legal The petitioner applies for a Building Permit and receives notice to the local newspaper for publication: a Permit Denial form completed by the Building Commissioner. STEP 8: PUBLIC HEARING BEFORE THE ZONING BOARD of APPEALS: STEP 2: FINDING APPLICATION FORM: The petitioner should appear in his/her behalf, or be Petitioner completes an application form to petition the represented by an agent or attorney. In the absence of Board of Appeals for a FINDING.All information as any appearance without due cause on behalf-of the required in items 1 through and including 11 shall be petitioner,the Board shall-decide on the matter by using completed. the information it has otherl received. Step 3: PLAN PREPARATION: STEP 9: DECISION: Petitioner submits all of the required plan information as Afterthe hearing, a copy of the Hoard's decision will.be cited in item 10 page 4'o€this form. sent to all parties in interest. Any appeal of the Board's decision may be made pursuant to Massachusetts - STEP 4: SUBMIT APPLICATION: General Laws ch.40A sec. 17,within twenty(20)days Petitioner submits one (1)original of all the required after the decision is filed with the Town Clerk information and 10 xerox copies to the ZBA Secretary. The original will be stamped by the Town Clerk Step 10: RECORDING CERTIFICATE OF DECISION certifying the time and date of filing.The remaining ten PLANS. copies will remain at the office of the Zoning Board of The petitioner is responsible for recording certification of • Appeals secretary. the decision and any accompanying plans at the Essex County North Registry of Deeds, Lawrence STEP 5: LIST OF PARTIES IN INTEREST: Massachusetts, and shall-complete the Certification of Once the petitioner submits all of the required Recording fonn and forward it to the Zoning Board of information, the petitioner requests from the Assessors Appeals and the Building Department Office. Office a certified list of Parties in Interest(abutters). N IMPORTANT PHONE NUMBERS Co w > 978-688-9541 Zoning Board of Appeals Office l� D 978-688-9501 Town Cleric's Office D 978-688-9545 Building Department JUN 3 2002 w LO BOARD OF APPEALS cr • Page of 4 Date&Time Stamp Appucation fora FINDING f NORTH ANDOVER BOARD OF APPEALS 1. Petitioner: Name, address and telephone number: Benjamin Farmim. 39 F Tel: (978) 725-4954. *The peftner shag be entered on the legal=We and do decision aN adaud abousi. 2. Owners of Land: Name, Address and Telephone number and number of years under this ownership: Benjamin Farnum, 397 Farnum Street North Andover Massachus t s (978) 725-4954 .Years Owned Land: 3. Location of Property:- a. a. Street: 5 Boston Street Zoning District R-2 b. Assessors: Map number IDM_Lot Number: i l c. - Registry of Deeds: Book Number 1656 Page Number: 94 (See Essex Probate No.350368) T 4. Zoning Sections under which the petition for the Finding is mad& Building Commissioner's Issuance of a S ecial Permit. *Refer to the Pwmg NNW and ZankV By-Lav Plan Aeua w sa affW by to lig cmadodmw 6. Describe the Finding request; The Petitioner requests that:.the Board overturn the Building Cammi'.ssioner's Decision • to impose additional conditions on the Building Permit not so authorized' pursuant to its Decision o&March 22, 2002 and amended April 26, 2002 because the use is authorized by `The above description shW be used for the purpose alto kqW nafte and deef". A mora d 0 requkad piaavN d to the -rlanne Zonmg Board Rules and Regukdons an died on page 4 of this appgcWon.FaiWire by the appltaant to dearly describe the request nary nm*In a dedsion that does not address the intent of the appiicant. The dedsion wig be limited m the request by the scant and will riot Invaive additional ftan not hu*mded above. 6a,. Difference from Zoning By-LAW requirements: indl.rate the dimensions ffiat will nasi meet curr+N d Zoning By-Law Requirements, (A and 8 ars in the can of a hrt sprit) Lot Area Open Space Percent to Frontage. Parking Minimum-Lot set Sadc Sq.Ft Sq. Ft Coverage Feet Spam Front Side A Side B Rear A. NIA % B. N!A % Pagel 3 of 4 Applicatim for a FINDING N©R`TH ANDOVER ZONING BOARD OF APPEALS fi. b. Existing Lot: Lot Area Open Space Percent Lot Frontage ' �9 Parking Minimum Lot set.Bad• _ Sq. Ft. Sq. Ft Coverage Feet- Spays Front Side A Side B Rear 9.49A N/A N %, 1350 254, 15+ 15+ 30+ C- Proposed Lot.(S): Lot Area Open Space Percent Lot Frontage Parking * Minimum Lot set Back• Sq. Ft , Sq. Ft Coverage Feet Spaces Front Side A Side B Rear •. _N/A� % N/A % d. Required Lots (As required by Zoning Sy-Law) Lot Area Open Space Percent Lot Frontage Parking * Minimum Lot set Back• Sq. Ft Sq. Ft Coverage Feet Spaces Front Side A Side B Rear 3.560 N/A N/A eA 250 25 15 . 15 30 7. & Existing Buildings: Ground Floor Number of Total Use of Square feet Floors Sq. feet Building* 11296 7 9,072 Communication Tower N/A NA "Reference Use Code number and Uses from the Zoning BY'-Lm.SWIS number of urds in burg. b. Proposed Buildings; Ground Floor Number of Total Use of • Square feet Floors Sq.feet Building" ' 1.9 The attachment of a 2.4' diameter microwave dish to the existing tower structure, 'Reference Use Code numbers and Uses from the Zoning By-Lw 5tda member of unfs to b[ g. S. Petitioner and Landowner signature(s): Every application fora Finding shad be made an this ftm winch WON ditW frxrn of the Zoning Board ofAppeas. Every appihaWon siw be tow with the Tawe Clerk's Office. It shall be the r+asponsibW of the pefoner to ftavah an supporfing dmmwft*n%%Vh flus nsibi {� a copy of thus ca' pPu �received b the Towns Y Clark or the Zoning Board of Appeals rsot absolve the apphrant from this responsible for all expenses for fsiing and iegw na m. Faunae to _ wdr p° W The p appri�s r rents,as cited herein and th the Zoning Board Rules and Regulations may result in a "issai by the Zoning.Soard of this all � - ��, \ l 4 $ig'llatilre_`- Type above name(s)rhere Benjamin G. Farnum • PAGE 4 OF 4 FINDING North Andover Zoning. Board of Appeals 9. WRITTEN DOCUMENTATION Application for a Finding must be supported by a legibly written or typed memorandum setting forth in detail all tO C. FEATURES TO BE INDICATED ON PLAN facts relied.upon. This is required in the case of a finding wheri the following points based on MGLA ch. 1. Site Orientation snail include: 40A sec. 6 and 9 and the North Andover Zoning By-Law 1. North district Section 9.0 a request for a FINDING shall be clearty 2. zoning district (s) identified and factually supported: Addressing each of 3. names of streets the below points individually is.required with this 4. wetlands to be shown on plan (rf applicable) application. 5. abutters of property,within 300 foot radius 6. location of buildings of adjacent properties within 50' A. The particular use proposed for the land or from applicants proposed structure •. structure. 7. deed restrictions, easements B. Legend&Graphic Aids: B. Fad relied upon to support a f=inding that the 1. Proposed features in solid lines&outlined in red proposed extension or alteration shall not be more 2. Existing features to be removed in dashed lines substantially detrimental than the existing non- 3. Graphic Scales conforming use. 4. Date of Plan 5. Title of Pian C. Addressing all details of the Building 6. Names addresses and phone numbers of the Commissioner's denial when appropriate. applicant, owner or record, and designer or surveyor. io. Plan of Land 10 D. FURTHER REQUIREMENTS: Each application to the Zoning Board of Appeals snail be accompanied by the following described plan. Plans Major Projects shali require that In addition to the above must be submitted with this application to the Town features, plans must show detailed utilities,soils,and Clerk's Office and ZBA secretary at least thirty(30)days topographic information. A set of building elevation and prior to the public hearing before the Zoning Board of interior of building plans shall be required when the . Appears application involves new construction,conversion and/or a proposed change in use. Elevation pians for minor 10 A. Major Projects projects include decks,sheds,&garages shall be Major projects are those which involve one of the included with a side view depicted on the plot plan, following whether existing or proposed:a)five or more which include a ground level elevation. parking spaces, b)three or more dwelling units, 11. AhPUCAT10N RUING FEES c)2000 square feet or more of building area. Minor projects that are less than the above limits shall A. Notification Fees:Applicant is to send by certified require only the plan information as indicated with an mail all legal notices to all abutters,and then suppiy asterisks (*). in some cases further information may be proof of mailing to the ZBA secretary. Applicant is to required. supply stamps(appropriate current postage)for mailing of decisions to,all pasties of interest as 10. B. Plan Specifications: identified in MGLA ch.40A, sec. 1f as listed on the application. ZBA Secretary will compute number of a) - Size of pian: Ten (10) copies of a plan not to stamps. exceed 11x17" preferred scale of 1"=40'. B. Applicant is to supply one(1)set of addressed b) Plan prepared by a Registered Professional labels of abutters to ZBA Secretary who will mail Engineer and/or Land Surveyor,with a block for five decisions to abutters and parties in interest. ZBA signatures and date on mylar. C. Administrative fee of$50.00 per application. •