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HomeMy WebLinkAbout1984-10-15October 15, 1984 Regular Meeting The BOARD OF APPEALS held a regular monthly meeting on Monday evening, October 15, 1984 at 7:30 p.m. in the Town Office Meeting Room with the following members present and voting: Alfred E. Frizelle, Esq., Vice Chairman, who left the meeting after the first agenda item; Richard J. Trepanier, Esq., Clerk; William J. Sullivan; and Associate Members Walter F. Soule; Maurice S. Foulds; and Raymond A. Vivenzio, Esq. Building Inspector Charles Foster was present. DECISION ~gright, John - Variance - Church/Garden Streets Sitting: Frizelle, Trepanier, Sullivan, Soule MOTION: by Mr. Trepanier to grant the variance subject to the following conditions: 1. That the parking area be moved so that it does not face the property N/F of Maxwell but rather that it be adjacent to the proposed dwelling. 2. That the plan be revised to show four (4) parking spaces rather than the six (6) as shown on the plan for the parcel on Garden Street. 3. That the revised plan be submitted to the Board for signature. SECOND: by Mr. Soule VOTE : Unanimous - motion carries Note: Member Frizelle left the meeting. PUBLIC HEARINGS NYNEX and Benjamin Farnum - Special Permit - "Boston Hill" Mr. Sullivan read the legal notice. Sitting: Trepanier, Sullivan, Soule, Foulds, Vivenzio Attorney Clifford Elias, representing the applicants (NYNEX and Farnum) made the following presentation: Note: S. J. Ajeeb, Director of Real Estate and John Casamassina, General Manager-Network Design, were also present. At the time the application was prepared, it was prepared by regional counsel for NYNEX and he did not know if a variance or Special Permit or party aggrieved was necessary. The request is for a Special Permit under Section 10.31 of the Zoning By Law. The land in question is known as Boston Hill and is located off Boston Street. The Special Permit is requested in order to allow NYNEX to install and use equipment in an area of approximately twenty feet by twenty feet (20' x 20') on the fifth floor of the existing building located on the site and to install and use five (5) twelve-foot (12') antennas (the size of fishing rods) on the top floor of the building for the purpose of offering to the public mobile cellular telephone service. As of January 1, 1984, American Telephone and Telegraph Company divested itself of seven (7) regional telephone companies. New York Telephone Company and New England Telephone Company combined into one, multi-regioanl company to offer a wide spectrum of communications services to residents of the New England and the Mid-Atlantic States. The NYNEX Corporation is the parent of New York Telephone and New England Telephone. NYNEX has formed a new subsidiary, NYNEX Mobile Communications Company (the applicant) to provide a variety of portable communications services with the same quality the public expects from any Bell phone. The service NYNEX is offering to the public is a mobile telephone system in the Boston Metropolitan Area. There are approximately ninety (90) major metropolitan areas designated nationwide. Authority for NYNEX to offer the service in this area stems from a decision of the Federal Communications Commission. The Massachusetts Department of Public Utilities has issued a Certificate of Public Convenience and Necessity for the construction of a cellular mobile communications system in the Boston Metropolitan Area. Prior to the authorization by the FCC, there were only seven (7) radio channels available for mobile communications in the k Greater Boston area. This meant that only seven (7) individuals could use, at any one time, the entire system. Motorists would wait anywhere from fifteen (15) minutes to one-half (1/2) hour to be able to obtain a line. There were thousands of individuals on the waiting list to obtain mobile telephones. When this system was in use, a single, large antenna was used for the entire area. FCC approval inaugurates a new system. The system does not use a single transmitter. Instead, it divides a metropolitan area into "cells" or smaller areas with each cell covering only a few square miles. Each cell has its own small, low-powered antenna capable of handling hundreds of telephone conversations at once, each on its own private line. As the motorist leaves a cell, the motorist frees up the line in that cell and will, by computer, automatically be transferred to the next cell into which the motorist is driving. Cellular technology ushers communications with voice reliability. in a new era of personal clarity, convenience and The applicants emphasize the safety of the system. It will be run on less than 100 watts. Most reesidences accommodate in excess of this wattage, and most recently constructed or renovated residences accommodate 200 watts. There will be no interference with radio, television or household appliances. There presently exists a multi-story tower on the site. The proposed installation is minimal. Installation of equipment in an area of twenty feet by twenty feet (20' x 20') on the fifth floor of the building is proposed. The equipment, after installation, will not require the presence of any personnel. If there is any problem with the equipment, automatic signals will send notice to the central site and repair personnel will come to clear up the problem. Regular on-site inspection will take place. Installation of five (5) antennas on the roof of the building is also proposed. They will be twelve feet (12') in height, no thicker than a fishing rod, and will practically be invisible. This will be the extent of the installation. k NYNEX has not seen a better site than the one in North Andover. Its height is such as to require only the very small antennas described above. There will be fourteen (14) sites in the Boston Metropolitan Area. The other thirteen (13) sites are: Boston, Stoneham, Saugus, Braintree, Weston, Wilmington, Abington, Beverly, Ashland, Bedford, Dover, Canton, and Medway. The Mobile Telephone Switching Office located in Boston has already received all municipal and federal approvals and has already been constructed. Eight (8) other sites have received similar approvals. Other municipalities have not only given zoning approval for the installation of equipment and antennas but have allowed them to be installed on municipal sites. They are: Braintree (The School Committee leased to NYNEX a site on school property): Beverly (Approval for installation on top of the municipal watch tower): Dover (Approval for installation in the municipal yard); MDC (Approval for installation in the MDC Reservation on the Fellsway in Stoneham). The site in question was the subject of a decision of the Board of Appeals dated February 20, 1957 in which the Board granted authority for the construction and use of radar towers to a height in excess of that permitted by the then-existing Zoning By Law. The site was the subject of a Board decision dated February 17, 1982, not relevant to this application now before the Board. The site was the subject of a Board decision dated July 23, 1982. In that decision, the Board granted a Special Permit so that aspects of the original 1957 variance could be changed in a minimal manner. Specifically, there could be an antenna and transmitting dishes not to exceed a total height of one hundred forty feet (140'). These minimal changes would extend the rights already granted by the variance. The site was the subject of a Board decision dated February 21, 1984 in which it granted a Special Permit for the establishment of the New England News Exchange site for Channel 7 and the Lawrence Eagle Tribune. The Special Permit was determined to be a reasonatbe extension of the original grant of authority by the Board. The Board has the authority to grant to the applicants a Special permit under the provisions of the Zoning By Law. The Board has already acknowledged such authority in its 1982 and 1984 decisions. This application requests only a minimal extension of the use already permitted. With the exception of the almost invisible antennas, all of the equipment will be installed in a small portion of one floor on 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 publ~.: convenience and welfare. NYNEX is a highly reputable corporatin that has the interests of the public in mind when offering new services. The minimal extension will not be substantially more detrimental than the existing non-conforming use to the neighborhood. The provisions contained in Section 9.2 are satisfied. The change can be approved by Special Permit. The change will be on the same lot. The change will virtually be all interior use and will not require construction exceeding twenty-five percent (25%). The economic life of the use will not be extended, since the building exists and will not be substantially changed. Section 10.31 has been met. The site is an appropriate location for the use. The height of Boston Hill is perfect for installation of cellular mobile equipment. The use will not adversely affect the neighborhood. There will be no interference with radio, television, or household appliances. It is a safe location and outside installation will consist only of five (5) small, practically invisible antennas. 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 purposes. 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. NYNEX assures the non-hazardous nature of the use. The use is in harmony with the general purpose and intent of the Zoning By Law. On two occasions, in its 1957 and 1984 decisions, the Board has already made such a finding in permitting the use of radar and transmitting devices. The By Law has been interpreted as such. The integrity of the By Law shall be preserved by the granting of a Special Permit. No one spoke in favor or opposition to the petition. In response to a question from the Board concerning traffic, Mr. Casamassina stated that they send people once a month to check battery levels. The need for maintenance is not there and when they do come, it is done during business hours. Charles Foster, Building Inspector, asked why the adjacent pro- perty, which is zoned GB, is not being sought by NYNEX. Mr. Casamassina responded that he believes there is a problem with access to it. In addition, the height of Boston Hill is ideal for their proposed use. MOTION: by Mr. Sullivan to take the petition under advisement. SECOND: by Mr. Vivenzio VOTE : Unanimous - motion carries Foresta, Anthony - Variance - ~i~hwood Way Mr. Sullivan read the legal notice. Mr. Foresta was present and made the following presentation: The house was built 15 years ago and at that time, the stakes were not placed properly. The neighborhood was young and there were no permanent markers. The side setback is less than it should be. A recent survey drawn for mortgage purposes revealed the violation. No one spoke in favor or opposition to the petition. MOTION: by Mr. Sullivan to grant the variance as requested. SECOND: by Mr. Vivenzio VOTE : Unanimous - motion carries. William, Variance - Belmont Street Mr. Sullivan read the legal notice. Attorney Mark Tay made the following presentation: - The applicant is proposing to construct an addition to an existing structure both in front and in an area to the rear of the lot. - The area is zoned for light industry. - Behind the parcel is the B & M Railroad. To the right is the North Andover Housing Authority. There is a buffer on the right which will remain. - This will be a two-story addition. The structure is now one-story. - Mr. Boddy purchased the property in July. - He has put a brick face on the building. - The proposed building will come about four feet (4') into the gate. - The building owned by Mr. Nicetta is also very close to the lot line. - The rear of the property is full of debris. Mr. Boddy has cleaned up the back. - There are eight (8) parking spaces sketched. - The area in the rear next to the B & M property is also available for parking. - The proposed use will probably be light industry. The petitioner does not want any noise. There are offices in the front. They don't anticipate any traffic problems. - A problem with sewer could occur if the addition is placed elsewhere on the lot. - The land is not suited for much. - The Zoning By Law requires 35 feet on one side and 20 feet on the other side. - Denial of the variance could result in the property becoming another junk yard. The petitioner has already turned away potential tenants because they were undesirable. Speaking in favor of the petition were Claire Blain and George Whitehead. A letter from the Building Inspector dated 10/15/84 was read and placed on file. Mrs. Blain asked for a study of what kind of business could locate on the site and Mr. Whitehead said he has a problem with parking. Atty. Tay said that if parking is a problem, they will accommodate the neighbors as much as possible. Building Inspector Foster added that they should talk to the Police Chief and Fire Chief about parking in the street. Mr. Boddy added that he will buffer the area along McCabe Court. He also stated that the platform is on the street and there will be another one on the addition. He added that he will buffer the area near the trains. Building Inspector Foster questioned if an area and/or frontage variance were needed due to the size of the lot. The Board reviewed a 1960 decision and Attorney Tay said he would get together with the Building Inspector to determine if further variances are necessary. MOTION: by Mr. Sullivan to continue the public hearing until the next meeting. SECOND: by Mr. Foulds VOTE : Unanimous - motion carries DECISIONS NYNEX - Special Permit - Boston Hill No action - The Board will review the files. Placed on the agenda for the November 19, 1984 regular meeting. #IN/JTES - September 17, 1984 MOTION: by Mr. Sullivan to accept as written SECOND: by Mr. Soule VOTE : Unanimous - motion carries The Board signed the plans for Hollis Curtis and Theodore Meadows. The meeting adjourned at 9:30 p.m. Richard J. Trepanier, Esq., Acting Chairman Jean E. White, Secretary