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Miscellaneous - 1 HIGH STREET 4/30/2018
• N i1i 5 VO) yt "CiSiGaN DUE Town of forth Andover Office of the Zoning Board of Appeals Community Development and Services Division 27 Charles Street North Andover, Massachusetts 01845 D. Robert Nicetta Budding Connnissioner Any appeal shall be filed within (20) days after the date of filing of this notice in the office of the Town Clerk. Notice of Decision Year 2002 Property at: 1 High Street r Telephone (978) 688-9541 Fax (978) 688-9542 NAME: Omnipoint Holdings, Inc., 50 Vision Blvd., E. Providence, RI DATE: September 13, 2002 ADDRESS: for premises at: 1 High Street PETITION: 2002-040 North Andover, MA 01845 HEARING: 9/10/02 The North Andover Board of Appeals held a public hearing at its regular meeting on Tuesday, September 10, 2002 at 7:30 PM upon the application of Omnipoint Holdings, Inc., 50 Vision Blvd., E. Providence, RI 02914, for premises affected at 1 High Street, North Andover, MA requesting a Variance from Section 8.9, Paragraph 8.9.3(c)(v)(1) for relief from the 600 foot minimum setback requirement from the property line of properties which are either zoned for, or contain residential and/or educational uses of any types within the Industrial S (I -S) zoning district. The following members were present: William J. Sullivan, Walter F. Soule, Robert P. Ford, John M. Pallone, Scott A. Karpinski, Ellen P. McIntyre, George M. Earley, and Joseph D. LaGrasse. Upon a motion made by Scott A. Karpinski and 2nd by Walter F. Soule, the Board voted to GRANT a Variance from Section 8.9, Paragraph 8.9.3(c)(v)(1) for relief of 475' setback from the property line of properties which contain residential use, on the condition that the cell antenna color matches the 90' chimney color, in accordance with the following plans SHEET DESCRIPTION T-1 Zoning Title Sheet C-1 Zoning Orthophoto Vicinity Plan Z-1 Zoning Site Plan,and Elevation Z-2 Zoning Partial Roof Plan, Enlarged Elevation and Details titled: Voicestream Wireless Lake Cochichewick Schneider Electric, 1 High Street, North Andover, MA 01845 4BS-0658-A Smokestack for the facility prepared by Robert L. Davis, Registered Professional Engineer, Civil #37147 dated 05/08/02. The Board finds that the petitioner has satisfied the intent of Section 8.9, Paragraph 8.9.3(c)(v) (1) that ensures public safety by a 600', or, 2x the height "fall zone" setback by attaching the 4' high antennas to the existing 90' chimney, and the intent of Paragraph_, 8.9.4(axi)(2) by matching the antenna color to the chimney color; and provisions of Section 10, paragr 10.4 of the Zoning Bylaw that the granting of this variance will not adversely affect the neighborhood off,., derogate from the intent and purpose of the Zoning Bylaw. Voting in favor: William J. Sullivan, Waltd. Soule, Robert P. Ford, John M. Pallone, and Scott A. Karpinski. _..j Pagel of 2 co Board of Appeals 6"-9541 Building 688-9545 Conservation 688-9530 Health 688-9540 Planning 688-9535 Town of North AndoverkORTH O�t,�cc ,6'9y0 Office of the Zoning Board of Appeals - . A Community Development and Services Division 27 Charles Street--- �9�'q�ren North. Andover, Massachusetts 0"1845 4SSACHusE� D. Robert Nicetta Telephone (978) 688-9541 Building Connnissioner Fax (978) 688-9542 Furthermore, if the rights authorized by the Variance are not exercised within one (1) year of the date of the grant, it shall lapse, and may be re-established only after notice, and a new hearing. Furthermore, if a Special Permit granted under the provisions contained herein shall be deemed to have lapsed after a two (2) year period from the date on which the Special Permit was granted unless substantial use or construction has commenced, it shall lapse and may be re-established only after notice, and a new hearing. Decision2002-040 Page 2 of 2 Town of North Andover Board of Appeals, LV f William J Sullivan, Chairman Roard of Appeal, 688-9-541 Building 689-9545 Concervation 688-9530 Health 688-9540 Planning 689-915 • / Q F Town of forth Andover Office of the Zoning Board of Appeals Community Development and Services Division 27 Charles Street North Andover, Massachusetts 01845 D. Robert Nicetta Building Commissioner Legal Notice North Andover Board of Appeals Telephone (978) 688-9541 Fax(978)688-9542 Notice is hereby given that the Board of Appeals will hold a public hearing at the Senior Center, 120R Main Street, North Andover, MA on Tuesday the 10`h of September, 2002 at 7:30 PM to all parties interested in the appeal of Omnipoint Holdings, Inc., 50 Vision Blvd., E. Providence, RI 02914, for premises affected at 1 High Street, North Andover, MA requesting a Variance from Section 8.9, Paragraph 8.9.3(c)(v)(1) for relief from the 600 foot minimum setback requirement from the property line of properties which are either zoned for, or contain residential and/or educational uses of any types. Said premises affected is property with frontage on the west side of High Street within the Industrial S (I -S) zoning district. Plans are available for review at the office of the Building Department, 27 Charles Street, North Andover, MA; Monday through Thursday during the hours of 9:00 AM to 2:00 PM. By order of the Board of Appeals William J. Sullivan, Chairman Published in the Lawrence Eagle -Tribune on January August 26 & September 2, 2002. Legalnotice2002-040 mm W!`?Fr5>003dcn0F5 Zaow�33owooD�o'm�o��o�cn1ma� 3 < 0 CD E; S. < v (n m o cn m c� m m� c 3 o� w a S n o_ p M- >'i , W -0 Z W T/�- m ovo00 a*-aoao:N°.�.CD0 3 G' <�omnv 3N m�am 3.W 5 mZr 1\• N� 6T 3 m KN �m N �m wWT N �m CR m m-0 o m m ov'� ��'� «OD maw ° Z- `o F m m ° �<° r o - o s ��m vN. o3Qrn� �� mo 0 3mo v- v o m Noc p Qc���wmo3 �3 ave wo oD�mmv.9oQQ DZ 1_)! C) 3 o N D m d o w= m. __. c m o s o o� v° m w o w° w v o w m D 0 Z N r')0 ON-' ID nNt�(D��� Vii NQ�� �OOW (Dw O�� � 71Wp cD ro ��w Q. - A O rnwc�o oQo ,CD a) ow Non�_UD Z6oW<awmomomcn° Q�d�m a-. N Km n _ ��<�o oo'OmN2�n wa°�mS.3mm��_oam_om o�m'Q �W?vw-� o���ma m5.u����� amv mNd�m3o�0� m pco Board of Appeals 688-9541 Building 688-9545 Conservation 688-9530 Health 688-9540 Planning 688-9535 ZBA 13 "rO r� Date ... 0.7167 TOWN OF NORTH ANDOVER RECEIPT This certifies that ... ........ ................................... has paid .... I ................ 5 ............................................. S ..... ................. f ...... fol ... 4 ...... ......... I ......... ... Received by .... ... ....................................................................... Department....... .................................................................... WHITE: Applicant CANARY: Department PINK: Treasurer . a ai� ZBA Date ... ........ a , a - TOWN OF NORTH ANDOVER RECEIPT vi I ,-o y - This certifies that ........ Fa�4 ........................................................ has paid.... for..................................................................... Received by.J-X,-N ..... ................................................................... Department....... ..................................................................... WHITE: Applicant CANARY: Department PINK: Treasurer ZBA 094 Dat6 TOWN OF NORTH ANDOVER RECEIPT This certifies that ... vo-11.,e,(�4re,: . . .................................... haspaid. ...................................................................... for ... Ue.f. I .. . ................ ........ ......... Received by ...... I ................................ Department....... 2 -BA ................................................................... WHITE: Applicant CANARY: Departrnent FqNK: Treasurer 0 /) n --) -- 0 q1? 2-00 ;�- - 0 �D VV 2 7 7- 5) N 41 C4 CD cl cr CD CD CD 0 CD CD CD CD CD CD ta. CD 41 URBELIS & FIELDSTEEL, LLP 155 FEDERAL STREET BOSTON, MASSACHUSETTS 02110-1727 THOMAS J. URBELIS e-mail tju@ufb.com Zoning Board of North Andover 27 Charles Street North Andover, MA 01845 Telephone 6i7-338-2200 Telecopier 617-338-0122 December 30, 2003 RE: THEA FOURNIER V. ZONING BOARD OF APPEALS Dear Members of the Board: Enclosed please find copies of: 1. Affidavit of Thea Fournier; and 2. Affidavit of Roger L. Boyell. Very truly yours, Thomas J. I&elis Enclosures TJU/lah cc: Heidi Griffin D. Robert Nicetta J. William Hmurciak Mark Rees Lee 1003 s:\wp51 \work\n-mdove\foumier\zoningbd.ltr.doe Andover Telephone 978-475-4552 q 11/ JIJ/ 11dbJ 10: 24 ESSEX, ss. 7812459990 THOMAS A MULLEN PC THE COMMONWEALTH OF MASSACHUSETTS DEPARTMENT OF THE TRIAL COURT ---------------------------------------------------------, THEA FOURNIER, CINDY ALLEN, et al., Plaintiffs, V. ZONING BOARD OF APPEALS OF NORTH ANDOVER, et al., ' Defendants. -------------------------------------------------------- SUPERIOR COURT C.A. No. 02-1904B AFFIDAVIT OF ROGER L. BOYELL ROGER L. BOYELL, first being duly sworn, hereby deposes and says as follows: 1. I am an electrical engineer with an office at 416 Parry Drive, Moorestown, PAGE 02107 New Jersey 08057-2877. I obtained a bachelor of science degree in electrical engineering from the University of Florida in Gainesville, Florida; a master's degree in applied science from Adelplu University in Long Island, New York; and a master's degree in business administration. from Monmouth University in Long Branch, New Jersey. I am. a Senior Member of the Institute of Electrical and Electronics Engineers, a Fellow of the American College of Forensic Examiners, a Diplomate of the American Board of ForensicEngineering and Technology, and a licensed professional engineer. Among my engineering specialties is analyzing the siting of wireless antenna facilities. 2. I have been. retained in this matter to evaluate the decision of the defendant Omnipoint Holdings, Inc. ("Omnipoint") to site a wireless antenna on a smokestack at 1 Higb Street, North Andover, Massachusetts. I have examined the 1L/J6/200d 10:24 7812459990 THOMAS A MULLEN PC Affidavits of Paul Gascoigne and Michael Lucey, the U.S. Geologic Survey metric PAGE 03107 topographic map for the 7.5 x 15 minute quadrangle designated as Lawrence MA -NH, computer-generated coverage maps showing Omnipoint's signal strength contours (which I have bccn informed were produced by Omnipoint through discovery), and street maps and aerial photographs of North Andover, Massachusetts. 3. Relying in particular on the computer-generated coverage maps, I considered Omnipoint's coverage both with and without the proposed site, in light of the roadways and other features of the area. In conjunction with the topographic map I fiir, ther examined the size and shape of th.e coverage contours, and I used the street maps to identify actual locations from street addresses. I used a photocopier with enlargement and reduction capabilities to convert map scales and to make transparencies for overlay viewing. 4, I have been informed that Osgood Hill is being developed by the Town of North Andover as a location for wireless facilities. Based on my .review and analysis of the above -listed. materials, I believe that Omnipoint could achieve excellent wireless coverage for the northeast area of North Andover as well as the area northwest of Osgood Hill around the rnunicipal airport by locating an. antenna on Osgood Hill, which offers potential sites at terrain, elevations above 150 feet. Coverage would drop off beyond ,Main Street to the southwest because of shadowing by a ridge which projects roughly northwest into the central portion of the town. Omnipoint could compensate for this drop off in signal. strength, however, by augmenting an antenna site on Osgood Hill with another other antenna site -- which could be as low as 40 feet, in contrast to the 85- to 90- 2 1L/ JU/ Z1910i Ito: 24 18114b3Jy1J THOMAS A MULLEN PC PAGE 04/07 foot height of an antenna on the smokestack -- to the west or southwest, either in the vicinity of Massachusetts Avenue and Waverly Road or in adjacent South Lawrence. 5. In sum, I believe that Omnipoint could achieve substantially the same coverage that it intends to obtain by installing an antenna on the smokestack at 1 High Street if Omnipoint instead would (a) locate an antenna site on Osgood Hill and (b) augment it with another antenna site generally to the southwest of the site at 1 High Street. Signed under the pains and penalties of perjury this g2day of December, 2003. Certificate of Service The undersigned hereby certifies that he caused a true copy of the foregoing document to be served this day, ��% 3a ?J , by first class mail, postage paid, and by fax, on all counsel of record and on all parties appearingpro se. Thomas A. Mullen, P.C. c:\Foumier\BoycflAffidavit 3 1Z/d6/ZUUd 1b:24 7812459990 THOMAS A MULLEN PC 12/29/2003 23:30 9786867103 THEAFOURNIER THE COMMONWEALTH OF MASSACHUSETTS DEPARTMENT OF THE TRIAL COURT ESSEX, ss. THEA FOURNIER, CINDY ALLEN, et al.. Plaintiffs, V. ZONING BOARD OF APPEALS OF NORTH ANDOVER, et al., Defendants. i SUPERIOR COURT C.A. No. 02-1904B THEA FOURNIER, first being duly sworn, hereby deposes and says as follows: I . I am one of the plaintiffs in the above -captioned action, J make this Affidavit on the basis of my own personal knowledge, except with respect to those matters which arc stated on the basis of infbanation and belief; and with respect to such matters I am so infonned and do so believe_ 2. I have reviewed the Affidavit of Roger L. Boyell filed in connection with this matter, In response to Mr. Boyell's conclusion that Omnipoint could achieve substantially the same coverage that it hopes to obtain by iastalling an antenna on the smokestack at 1 High Street, North Andover if Omnipoint would '(a) locate an antenna on Osgood Hill and (b) combine it with one or more relatively low antennas (ie, antennas of about 40 fleet in height) generally to the southwest of the site at 1 High Street, in the area of Massachusetts Avenue, Waverly Road and/or South Lawrence, I have personally driven through the area in question. I located numerous places where such an antenna PAGE 05107 PAGE 01 14f zjuf LCJCJj 11j;Z4 Iti1145yJyb IHUMAS A MULLEN. PC PAGE 06/07 12/29/2003 23:30 9786867103 THEAFOUR.NIER PAGE 02 might be placed without violating tate North Andover Zoning Bylaws as Omnipoint proposes to do at 1 High Street. Aanona other things, I note that the North Andover Mall is in the area in question. Omnipoint has not demonstrated that the mall property is unavailable for location of an antenna. Certainly many locations within the mall would be well over 600 feet from any residence. No antenna in South Lawrence would offend the North Andover Zoning Bylaws, since those bylaws do not apply outside North Andover. 3. I have also researched the locations of various wireless facilities in the area, in the hope that Omnipoint might co -locate there rather thea placing an antenma at a new site more than four times as close to residences as the zoning bylaws permit, which is what Omnipoint proposes to do at 1 High Street. I have found that cell towers exist at 350 Merrimac Street and 672 South Union Street in Lawrence, very near the Lawrence / North Andover border_ Omnipoint has not demonstrated why co -location would be an infeasible alternative. 4. Finally, l have driven tbroughiout the area in which Omnipoint claims to MOW a coverage gap. I have found no problem at all using other carriers' mobile phones, including Verizon and Sprint (On principle I will not purchase an Omnipoint phone and for that reason cannot test its signal strength.) If other carriers are able to achieve adequate coverage without violating the Zoning Bylaws of the Town of North Andover, I do not understand why Omnipoint ca=ot do the same, either through co - location with those other carriers or otherwise. 4 2 1Z!-1612MIJ 116:14 /812459990 12/29/2003 23:30 9786867103 THOMAS A MULLEN PC THEAFOURNIER Signed under the pains and penalties of perjury this day of December, 2003. PAGE 07/07 PAGE 03 Cetkificate of Service The undersigned hereby certifie that he caused a true copy of the foregoing document to be served this day, 12-L3010.3 ,by fret class mail, postage paid, and by fax, on all counsel of record and on all parties, appearing pm sc. 4��X41�11, Thomas A. Mullen, P.C. e:W0uMiWournierAfflQWt(2) 3 (TC Pi.AINTIFF'S ATTORNEY J le 7)pe ofAc on Involved - TORT - MOTOR VEHICLE TORT J G CA k+AWQUITABLE RELIEF - OTHER.) TOWN CLERK CO ft �H OF MASSACHUSETTS °ssEx, ss. ZOUI OCT P 2-3 0 SUPERIOR COURT s CiVILACTION ( Na. OD-/90 3 © �.h.Cu...�ur,ni.Qu. ,1.��..�i....:.1.�1�1.... 4 ............................ 1 y 3 J , Plaintiffs) • L .... 4............. .!�1...... !� �.L 1�:�.�......., Defettdani(s) � u SUMMONS To the ab ovo mined Defendant. 9 upon l n i C S o Yo); are hereby summoned and required to serve (Allen) �r-o,v: fiter attotney�tt►hose address is S E LYYi sr Z4 `-} an mower to the complain : which is herewith served upon you, within 20 days atter serviea ofthis summons upon you, exclusive of the �� $ 2 day of se: vice. If you fail to do so, judgment by default will"be taken against you for the relief demanded in the o complain-:. You are also required to file your answer to the complaint in the office of the Cleric of this court at o �' c otthei bdfore service upon plaintiffs attorney or within a reasonable time thereafter. Uzi ess otherwise provided by Rule 13 (a), your answer must state as a counterclaim any.claim which you may m have agai est the plaintiff which arises out of the transaction or occurrence that is the subject matter of the plaintiff s C claim or • -ou will thereafter be barred from making such claire in any other action. WITNESS, SUZANNE V. DoWtCQUO, Esquire, at Salam, the z day of ` ft•\ cof our Lord two rhou=d?60 2, �+ , in too Yar n co E O ° Z. NOTES: I. This scinmons is Issued pursuant to Rule 4 oftho Massachusetts Rules of Civil procedure. 2. When t iota than one defendant is involved, the namet of till clefeadaats should appear in the caption. if a separate summons is used for ea0h defend int, each should be addressed to the pattieular defendant. OCT 7 - D pppp BOARD OF APPEALS 1V��ri UVL' la:1V rAA arts 000 aaOo iWIN Ut NUKtt! AINDUVLK t0i 003/008 fr Dag: nar and Gerhard Schnellinger 83. Elm Street North Andover, MA 01845 Ray and Gladys Mesiti 526 3sgood Street Owr er. of 92-94 Elm Street Nort h Andover, MA 01845 Cart .r, Axny and Sam Holland 65 Elm Street North Andover, MA 01845 Jamcs and Liz Fennessy 77 E Im Street North Andover, MA 01845 Jan ' Williams and Warren Sampson 88 Elm Street Nort h Andover, MA 01845 Diat a Zipeto 93 E Ir n Street, Apt. 6 Nori h Andover, MA 01845 Judii h Ann and James Murphy 61 Church Street Nori h Andover, MA 01845 Mar i and Donald Trask 18 V later Street Nori h Andover, MA 01845 Valerie Windle . - 46 'Vlazer Street Nori h Andover, MA 01845 Cin, --y and Chris Allen 45 E lm Street Nori h Andover, MA 01845 Thew Fournier 247 Main Street Non h Andover, MA 01845 1V/U//LUV' 10:1U rA U15 664 9556 TOWN OF NORTH ANDOVER 10004/008 Regular members of the Zoning Board of Appeals William J. Sullivan, Chairman Walter F. Soule, Vice Chairman Robert P. Ford, Clerk John M. Palione Scott A. Karpinski Associv:e members: Ellen J. McIntyre George M. Earley Joseph I). LaGrasse /U7/LUUL 15:11 EAA 878 668 9556 COVER ;SHEET PLAINTIFF(S) -- - 1h�a rou 11(,ev 4-�`✓� ATrOANEY, FIRM NAME. ADDAESS AND TKEPHON$ Board of Bar Overseers a tmt*r. Ali -2 TaW _j- ATTORNEY 10006/008 Superior Court Department I v0OV Zon1 A known) �4FT e (s FRce an x in one I)ox only: El 4. F04 District Court Appeal c.231, s. 97 &104 (After 1. F01 Origin al Complaint trial) (X) ❑ 2. F02 Remo•ral to Sup -Ct. C.231,s.104 5. F05 Reactivated after rescript; relief from (Before trig I) (l7 judgmentfOrder (Mass.R.Civ.P. 60) (X) ❑ 3. F03 FIetrarafer to $up.Ct. C.231,s.102C (X) ❑ 6. E10 Summary. Process Appeal (X) TYPE OF ACTION AND TRACK DESIGNATION (See reverse side) CODE NO. TYPE -OF ACTION (specify) TRACK IS THIS A JURY CASE? (� W�(F) ( )Yes b4)No The following is a tuil, Iterntzed And detailed statement of the facts on which plaintiff relies to determine money damage!.. For this form, disregard double or treble damage claims; indicate single damages only. TORT CLAIMS (Attach additional sheets as necessary) A. Documented n iedical expenses to date: 1. Total hospital expenses ......................................................... $ . 2. Total Doctor expenses ............................_................. _ ......$.'........... 3. Total char, apractic expenses .............. I .............. ......... _ ............ $ .......... . 4. Total phy:;ical therapy expenses .................................... $ 5. Total other expenses (describe) . . ................................................ $ ... - - • - - - - • _ - B. Documented Icst wages and compensation to date ...... ............ . .. Subtotal $ . _ $ , C. Documented p operty damages to date .............. . _ ...... $ ....... - . - _ D. Reasonably anticipated future medical and hospital expenses ............$ , E. Reasonably anticipated lost wages . . . .. . .................... .... $ ......... _ .... ......._.... F. Other documerfted items of damages (describe) $............. G. Brief descriptioi of plaintiff's injury, including nature and extent of injury (describe) 0 $............. TOTAL $ ............. CONTRACT CLAIMS (Attach additional sheets as necessary) Provide a detailed d+iscription of claim(s): `Uerl',W 1 peal o� V0 r I an(.,z, issue cl +a Q,rn fl ; po' n4 lAo 1Ss fo I o.4 1 H I,�h SA c-e_er4 - N, A Q Do V44-�-U" TOTAL $........... . PLEASE IDENTIFf, BY CASE NUMBER, NAME AND COUNTY, ANY RELATED ACTION PENDING IN THE SUPERIOR COURT DEPARTNI NT "I hereby certify that I have compiled with the requirements of Rule 5 of the Supreme Judicial Court Uniform Rules on Dispute Resolutio -i (SJC Rule 1:18) requiring that I provide my clients with information about court -connected dispute resolution services and discus 1t them th ad tages and disadvantages of the various methods:' Signature of Attorney of Record Se DATE: __aL4 o_ I AOT" m10005-1 1/99 A.O.S.C.1-2000 Torn of North Andover „OR7,1 Office of the zoning Board of Appeals Title Sheet Community Development and Services division w 27 Charles Street • �. _ • North Andover, Massachusetts 01845 ��S'""''-�' SwewU>!e D. Robert Nicetta Telephone (978) 688-9541 Budding Commissioner A';'TES'1': Fax (978) 688-9542 A True Copy. 0. �a4.� . any appeal shall be filed Notice of Decision vithin (20) days after the Year 2002 Town Clerk Mate of filing of this notice i n the office of the Town Clerk. Property at: 1 fth Street 4AME: Omnipoint holdings, Inc., 50 Vision Blvd., DATE: September 13, 2002 E. Providence, RI [" iDDRESS: for pretnises at: 1 High Street PETITION: 2002-040 - North Andover, MA 01845 HEARTNGt 9n NO '.'he North Andover Board of Appeals held a public hearing at its regular meeting on Tuesday, September 10, 002 at 730 PM upon the application of Omnipoint Holdings, Inc,, 50. Vision Blvd., E. Providence, RI C 2914, for premises affected at 1 High Street, North Andover, MA requesting a Variance from Section 8.9, i'aragraph 8.9.3(c)(v)(1) for relief from the 600 foot minimum setback requirement from the Property line of E roperties which are either zoned for, or contain residential and/or educational uses of any types within the Industrial S (I -S) zoning district • 1 he following members were present: William J_ Sullivan, Walter F. Soule, Robert P. Ford, John M Pallone, con A- Karpinski, Ellen P. McIntyre, George M. Earley, and Joseph D. LaGrasse. I Ipon a motion made by Scott A. Karpinski and 2n° by Walter F. Soule, the Board voted to GRANT a Variance from Section 8.9, Paragraph 8.9.3(cXv)(1) for relief of 475' setback from the property line of -roperties which contain residential use, on the condition that the cell antenna color matches the 90' chimney calor, in accordance with the following plans SHEET DESCRIPTION T -I Zoning Title Sheet C-1 Zoning Orthophoto Vicinity Plan Z-1 Zoning Site Plan and Elevation 7--2 Zoning Partial Roof Plan, Enlarged Elevation and Details .ndover, MA 01845 4BS-0658-A Smokestack for the facilityed b Robert L Da ' titled: m Voicestrea Wireless Lake Cochichewick Schncider Electric, 1 High Street, North Inter y . vu, Registered F rofessional Engineer, Civil #37147 dated 05/08102. The Board fords that the petitioner has satisfied the h 11tent of Section 8.9, Paragraph 8.9.3(c)(v) (1) that ensures public safety by a 600', c r,.2x the height "fall z ane" setback by attaching the 4' high antennas to the existing 90' chimney, and the inlretu.of Pamgmp r�, 8 9.4(aXiX2) by matching the antenna color to the chimney color; and provisions of Section 10, l ).4 of the Zoning Bylaw that the granting of this variance will not adversely affect the neighborhood 0� L - d tro ate from the intent and g purpose of the Zoning Bylaw. Voting in favor: William J. Sullivan, Walt: - S )ule, Robert P. Ford, John M. Pallone, and Scott A. Karpinski. —j Page 1 of 2 iv Mi t�J 00 Board of Appeals 69R-9541 Duildirrg 6$8-9545 C0/lkerV360I% 688-9530 HC41 h 688-9540 Planning 688.9535 1. IU/U7/2UU2 15:12 FAX 978 688 9556 TOWN OF NORTH ANDOVER 10008/008 J ° Town of North Andover Office of the Zoning Board of Appeals f soar" �.�r -�•. . �'�• o� Community Development and Services Division p 27 Charles Street North Andover, Ma.%5achusett5 01845. �1 '�••° -''-� SSwcHus�` D. Robert Nicetta Telephone (978) Gb8-9a Building Cou,Jnrssione' 41 Fax, (978) 688-9542 I `urthetmore, if the rights authorized by the Variance are not exercised within on ! xane (!)year of the date of the t, it shall lapse, and may be reestablished only after notice, and a new hearing. Furthermore, if a Special Permit granted under the provisions contained herein shall be deemed to have lapsed after a two (2) year F eriod from the -date on which the Special Permit was granted unless substantial use or construction has commenced, it shall lapse and may be re-established only after notice, and a new hearing - Town of North Andover Board of Appeals, iv 1 William ! Sullivan, Chairman Dt cision2002-040 Page 2 of 2 Heard of Appeals 6x%-9541Hu41di,�g t {: J3�5 C��ri cn ttir�ri bait 953(1 Hcrtlth ci�r-ySaU !'irai gigs p\g-`JSa 10/07/2002 15:10 FAX 978 688 9556 TOWN OF NORTH ANDOVER Il005/008 -MC-,A F-OvW C-91 QiVPY AUX-w, E t- V. -Tbwa 8F Ado Awbo,rC- �oN r ntG g R of APPC%1-5' Comph int: Despite the claim by Omnipoint Holdings (the applicant) to the Nortb Andover Zoning Board of Appeals (the Bo: rd) that all abutters within 300 feet of the proposed wireless service facility (WSF) were notified by regis :ered mail, many residents within this threshold were not notified. The abutters list includes only one res i,Ience on Elm Street when in fact at least five residences on Elm Street are within the 300 foot threshol 1. Althoug i the applicant's variance request cites Section 8.9, 3(C), v(1) which requires a setback of 600 feet fron i the proposed cell tower, notification of the proposal was given to residents only within a 300 foot radi as. Therefore all residences lying between 301 feet. and 600 feet of the proposed cell tower were not notif ied, depriving them of their right to be heard before the Board. Since these residents are equally aggrieved by the applicant's claim, their exclusion from direct notification is an infringement of their rights. Contrars to the applicant's claim that the smokestack at 1 High Street represents a "preexistent 90 foot wireless service facility," and that the smokestack already holds .a. microwave dish antennae, there is no such mi: rowave dish existing on the smokestack. Thus the applicant erroneously represented his claim before as Board. There ar. ; good reasons why the Board amended its WSF bylaws not two years ago in establishing the 600 foot setb ick. At that time, the Board heard many arguments from citizens alarmed over the possible long- term hea A effects of WSF radiation. While scientific studies are inconclusive on this issue, they point to possible health impacts from prolonged exposure to WSF radiation. These effects are particularly acute for pregnant women and children within a 600 foot radius. The Board then amended its WSF bylaws to forestall the possibility that a cell tower would pose these threats in a residential community. The current proposal from the applicant would position a cell tower within 600 feet of many residents, including the Trinitari. Ln Congregational Church and its adjacent preschool day care center. Needless to say, the health concern, of the citizens of this neighborhood remain the7same as those expressed two years ago. For all th ese reasons, we ask the Board to reconsider its decision on September 6 to grant the applicant the propOsed variance to Section 8.9, 3(c), v(1) of the town's bylaws. Acl;:,�'. r 0ee 5 r1, v-) 1 11press rNnFF, pro stn s Tn '. Page 1 of 1 Glennon, Michel From: Griffin, Heidi Sent: Monday, August 09, 2004 3:13 PM To: Glennon, Michel; Nicetta, Robert Subject: thea fournier v. zba Hi Mich and Bob: Just a quick reminder to have a meeting/phone conference set up w/ the chair, or other interested members of the z.b.a to discuss the Agreement for Judgment sent by counsel on August 5, 2004. I'm curious as to the outcome; and as to the "why" of the Agreement. Thanks, Hard 0YiffiNv Community Development & Services Director 27 Charles Street North Andover, MA 01845 (978) 688-9531 (978) 688-9542 fax 8/10/04 URBELIS & FIELDSTEEL, LLP 155 FEDERAL STREET BOSTON, MASSACHUSETTS 02110-1727 THOMAS I URBELIS e-mail t u@ufb.com Zoning Board of North Andover 27 Charles Street North Andover, MA 01845 Telephone 617-338-2200 Telecopier 617-338-0122 August 5, 2004 RE: THEA FOURNIER V. ZONING BOARD OF APPEALS Dear Members of the Board: Andover Telephone 978475-4552 Enclosed please find a copy of a letter dated August 3, 2004 from Attorney Peter Morin along with the proposed Agreement for Judgment. We should discuss this proposal at the next available opportunity. The trial in this case is scheduled for September 24, 2004. Please call if you have any questions. Very truly yours, Thomas J. r ` elis Enclosures TJU/lah cc: Heidi Griffin Mark Rees (!l1 AUG 9 - 2004 BOARD OF APPEALS s:hvp51\w^ork\n-mdove\foumier\zoni(ngb1}dItr2.doc f I (,/ S, s McDEAMOTT, QUILTY & MILLEA LLP 21 GUSTOM HOUSE STREET - SUITE 300 BOSTON, MASSAGHUSETTS 02110 TELEPHONE: (317-946-4(300 FACSIMILE: (317-94(3-4624, August 3, 2004 Thomas A. Mullen, Esq. 545 Salem Street Wakefield, MA 01880-2311 Re: Thea Fournier and Cindy Allen, et al. v. ZBA of North Andover Civil Action No. 02-1904B Dear Tom: Enclosed please find your proposed Agreement for Judgment with my original signature. You are authorized to file same when all have executed. Thank you for your courtesy and cooperation these many months. VTtruly yours, Pe r . Morin Enc. Cc: Thomas Urbelis, Esquire AUG 9 e 2004 BOARD OF APPEALS 4 THE COMMONWEALTH OF MASSACHUSETTS DEPARTMENT OF THE TRIAL COURT ESSEX, ss. -------------------------------------------------------- THEA FOURNIER, CINDY ALLEN, et al Plaintiffs, V. ZONING BOARD OF APPEALS OF NORTH ANDOVER, et al., Defendants. ---------------------------------------------------------' SUPERIOR COURT C.A. No. 02-1904B AGREEMENT FOR JUDGMENT The parties to the above -captioned action, acting by and through their respective counsel, hereby agree that judgment shall enter, and pursuant to Rule 58(a) of the Massachusetts Rules of Court judgment does hereby enter, as follows: The Amended Complaint, including both counts set forth therein, is hereby dismissed without prejudice subject to the terms set forth below 2. For good and valuable consideration the receipt and sufficiency of which are hereby acknowledged, which consideration includes the seal, the defendant Omnipoint Holdings, Inc. ("Omnipoint") hereby abandons the variance which is the subject of the Amended Complaint (the "Variance"), and agrees not to make any use of, record in any registry of deeds, file with any registration office of the Land Court, apply, petition to renew, extend or modify, assign, convey, sell, attempt to revive through a new application to the defendant Board of Appeals, or seek a building permit on the basis of the Variance at any time. Omnipoint also agrees not.to request or obtain from the Town t Clerk of the Town of North Andover a copy of the decision granting the Variance bearing the certification described in the final paragraph of G.L. c. 40A, § 11, to wit, "that twenty days have elapsed after the decision has been filed in the office of the ... town clerk and no appeal has been filed or that if such an appeal has been filed, that it has been dismissed or denied." 3. If Omnipoint or any successor or assign thereof commits a breach of Omnipoint's obligations set forth in ¶ 2, above, then automatically and by operation of law, without action by any person (including any plaintiff), the decision of the Board of Appeals of the Town of North Andover granting the Variance shall be annulled and the Variance shall be deemed to have been null and void ab initio. 4. In light of the conditional nature of the dismissal hereby agreed to, the parties agree that this Agreement for Judgment shall not constitute a dismissal or denial of the Amended Complaint for purposes of the final paragraph of G.L. c. 40A, § 11. 5. This Agreement for Judgment shall be binding upon and shall inure to the benefit'of the parties hereto and their respective successors, assigns, heirs and personal representatives. 6. Each party shall bear his, her or its own costs and fees. 7. All rights of appeal are waived. 8. This Agreement for Judgment is an agreement under seal. (The remainder of this page is intentionally left blank.) 2 4 S WITNESS OUR HANDS AND SEALS as of this 23d day of July, 2004. n J THEA FOURNIER, CINDY ALLEN, et al., . By their attorney, Thomas A. Mullen, P.C. 545 Salem Street Wakefield, Massachusetts 01880 (781)245-2284 BBO No. 360315 ZONING BOARD OF APPEALS OF NORTH ANDOVER, By its attorney, Thomas J. Urbelis, Esq. Urbelis & Fieldsteel, LLP 155 Federal Street Boston, Massachusetts 02110 (617) 338-2200 BBO No. 506560 OMNIPOINT HOLDINGS, INC., By iA attorney, PeteY-S. Morin, Esq. McDermott, Quilty & Miller, LLP 21 Custom House Street Boston, Massachusetts 02110 (617) 946-4600 BBO No. 355155 Certificate of Service The undersigned hereby certifies that he caused a true copy of the foregoing document to be served this day, , 2004, by first class mail, postage paid, on all counsel of record and on all parties appearingrp o se. c:\FournierWgreementForJudgment 2 Thomas A. Mullen, P.C. Town of forth Andover o� �ORTp�'� ? tt�co .a .' Office of the Zoning Board of Appear tir 6>:• " `° < Community Development and Services Division z 27 Charles Street 4 +6+ North Andover, Massachusetts 01845 �QssArgo., D. Robert Nicetta Building Commissioner March 28, 2003 Mr. Thomas J. Urbelis, Esq. Urbelis & Fieldsteel, LLP 155 Federal Street Boston, MA 02110 Re: Fournier et als v North Andover ZBA & Omnipoint Dear Atty. Urbelis: Telephone (978) 688-9541 Fax (978) 688-9542 Enclosed are the Zoning Board of Appeals documents requested in your email dated March 26, 2003. If I can be of further assistance, please contact me at 978-688-9545. Sincerely, D. Robert Nicetta Building Commissioner /dmd Enclosures — Certified Abutters List, Green Cards, Written Policy Notification of Abutters Copy: File 1 High Street 200240 BOARD OF .APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535 ' TOWN OF NORTH ANDOVER VARIANCE ZONING BOARD OF APPEALS Procedure & Requirements For an Application for a Variance Ten (10) copies of the following information must be submitted thirty U days prior to the first public hearing. Failure to submit the required information within the time periods prescribed may result in a dismissal by the Zoning Board of an application as incomplete. The information herein is an abstract of more specific requirements listed in the Zoning Board Rules and Regulations and is not meant to supersede them. Items that are underlined will be completed by the Town. STEP 1: ADMINISTRATOR PERMIT DENIAL: The petitioner applies for a Building Permit and receives a Permit Denial form completed by the Building Commissioner. STEP 2: VARIANCE APPLICATION FORM: Petitioner completes an application form to petition the Board of Appeals for a Variance. All information as required in items 1 through and including 11 shall be completed. Step 3: PLAN PREPARATION: Petitioner submits all of the required plan information as cited in item 10 page 4 of this form. STEP 4: SUBMIT APPLICATION: Petitioner submits one (1) original of all the required information and 10 xerox copies to the ZBA Secretary. The original will be stamped by the Town Clerk certifying the time and date of filing. The remaining ten copies will remain at the office of the Zoning Board of Appeals secretary. STEP 5: LIST OF PARTIES IN INTEREST: Once the petitioner submits all of the required information, the petitioner requests from the Assessors Office a certified list of Parties in Interest (abutters). IMPORTANT PHONE NUMBERS: 978-688-9541 Zoning Board of Appeals Office 978-688-9501 Town Clerk's Office 978-688-9545 Building Department STEP 6: SCHEDULING OF HEARING AND PREPARATION OF LEGAL NOTICE: The Office of the Zoning Board of Appeals schedules the applicant for a hearing date and prepares the legal notice for mailing to the parties in interest (abutters) and for publication in the newspaper. The petitioner is notified that the legal notice has been prepared and the cost of the Party in Interest fee. STEP 7: DELIVERY OF LEGAL NOTICE TO NEWSPAPER/PARTY IN INTEREST FEE: The petitioner picks up the legal notice from the Office of the Zoning Board of Appeals and delivers the legal notice to the local newspaper for publication. STEP 8: PUBLIC HEARING BEFORE THE ZONING BOARD OF APPEALS: The petitioner should appear in his/her behalf, or be represented by an agent or attorney. In the absence of any appearance without due cause on behalf of the petitioner, the Board shall decide on the matter by using the -information it has otherwise received. STEP 9: DECISION: After the hearing, a copy of the Board's decision will be sent to all parties in interest. Any appeal of the Board's decision may be made pursuant to Massachusetts General Laws ch. 40A sec. 17, within twenty (20) days after the decision is filed with the Town Clerk. Step 10: RECORDING CERTIFICATE OF DECISION PLANS. The petitioner is responsible for reconiing certification of the decision and any accompanying plans at the Essex County North Registry of Deeds, Lawrence Massachusetts, and shall complete the Certification of Recording form and forward it to the Zoning Board of Appeals and the Building Department Office. Page 2 df 4 Application for a VARIANCE a �y,�.a��� .h � r��'��3^����ryr�r 1 ���� S� �-�as �,�-•&��e- rR+^�s{��`7� <- r a^w ...:... .,.:na", n'x , � .... .., ..'.�,� .., a ,}?�� .fr c.�, .. °� � :�; .k.,a ✓ � -�.-,'�.�.: 't2�� ,�.a <x..> .. '.+��� . r.., � ..�`z�n.vs ..:��.�.%,'Y.,a�'�'"a� ��t.�,;.. ���',as ' Zoning Board of Appeals I. Petitioner: Name, address 11 and telephone number: r �rY1�1 0 �� ©IIJ�✓�ln� '1' r G W`,al��-DUJ/c,ci Sui�S.ri ar.� c1T ��a�L��-iYv to I - S2q - ':�(aoo / �;y4 - 2-77 - ' 'The petitioner shall be entered on the legal notice and thd decision as entered above. 2. Owners of Land: Name, Address and Telephone number and number of yea s and this ownership: A&-. 11 n D i Years Owned Land: Wk I k n ie _ Dkn — v av T_ I nOAe &-oK it- r Pktc *- 143 3. Location of Property: a. Street: u,� Zoning District s G"J'S4 .;.I b. Assessors: Map number SH _Lot Number: , I c. Registry of Deeds: Book Number Nb�, Page Number: iq'� =4. Zoning Sections under which the petition for the Variance is made. lo. L-1 r"w8 Ir Hoof to the Permit Denial and Zoning By -Law Plan Review as supolied by 5. Describe the Variance request ee rk commissioner 1 r Ia'(Yt Lj�j (O C_ Wl(t G' _ `The above description shall be used for the purpose of the legal notice And decision. A more detailed description is required pursuant to theT Zoning Board Rules and Regulations as cited on page 4 of this application. Failure by the applicant to clearly describe the request may result in a decision that does not address the intent of the applicant. The decision will be limited to the request by the applicant and will not involve additional items not included above. 6a, Difference from Zoning By -Law requirements: indicate the dimensions that will not meet current Zoning By -Law Requirements. (A and B are in the case of a lot split) Lot Area Open Space Percent Lot Frontage Parking Minimum Lot set Back ' : r e I ZSR Sq. Ft. Sq. Ft. Coverage Feet Spaces Front Side A Side B Rear A. % f Page 3 of 4 Application for a VARIANCE A_.. z . SY l Zoning Board of Appeals 6. b. Existing Lot: 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 c. Proposed Lot (S): � 0 e' Lot Area Open Space Percent Lot Frontage Parking ` Minimum Lot set Back ` P�onflS� Sq. Ft. Sq. Ft. Coverage Feet Spaces Front Side A Side B Rear 1 o� d. Required Lot: (As required by Zoning By -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 �blczn ]A-- '�.— % so o s 7. a. Existing Buildings: 1 Ground Floor Number of Total Use of Square feet Floors Sq. feet Building` 'Reference Uses from the Zoning By -Law. State number of units in building. b. Proposed Buildings: Ground Floor Number of Total Square feet Floors Sq. feet Use of Building* 'Reference Uses from the Zoning By -Law. State number of units in building. 8. Petitioner and Landowner signature (s): �0 C,6.1 FrloP 0 �c Every application for a Variance shall be made on this form which is the official form of the Zoning Board of Appeals. Every application shall be filed with the Town Clerk's Office. It shall be the responsibility of the petitioner to fumish all supporting documentation with this application. The dated copy of this application received by the Town Clerk or the Zoning Board of Appeals does not absolve the applicant from this responsibility. The petitioner shall be responsible for all ex"seMdr filing and legal notification. Failure to comply with application requirements, as cited herein and in the Zoning Board Rules and Regulations may r in i ssal by the Zoning Board of this a plication as incomplete. r Signat r 1 2 o Pte✓ ��'� c { (� Gt.(�fhol Zc w— Type above name (s) here f2,1 0,a SC -C --C � S4� _ 2�� PACE 4 OF 4 VARIANCE 9. WRITTEN DOCUMENTATION Application for a variance must be supported by a legibly written or typed memorandum setting forth in detail all facts relied upon. When ? requesting a variance from the requirements of MGLA ch. 40A, Sec. 10 C. FEATURES TO BE INDICATED ON PLAN: 10.4 of the North Andover Zoning By -Law all dimensional requirements A. Site Orientation shall include: shall be clearly identified and factually supported and addressing 1. North point each of the following points individually is required with this 2. zoning district (s) application. 3. names of streets 4. wetlands to be shown on plan (if applicable) A. The particular use proposed for the land or structure. 5. abutters of property, within 300 foot radius B. The circumstances relating to soil conditions, shape or 6. location of buildings on adjacent properties within topography of such land or structures especially 50' from applicants proposed structure affecting the property for which the variance is sought 7. deed restrictions, easements which do not affect generally the zoning district in B. Legend & Graphic Aids: which the property is located. 1. Proposed features in solid lines & outlined in red C. Facts which make up the substantial hardship, 2. Existing features to be removed in dashed lines financial or otherwise, which results from literal 3. Graphic Scales enforcement of the applicable zoning restrictions with 4. Date of Plan respect to the land or building for which the variance 5. Title of Plan is sought. 6. Names/addresses/phone numbers of the D. Facts relied upon to support a finding that relief sought applicant, owner of record, and designer or will be desirable and without substantial detriment to surveyor. the public good. E. Facts relied upon to support a finding that relief sought 10 D. FURTHER REQUIREMENTS: may given without nullifying or substantially Major Projects shall require that in addition to the above derogating from the intent or purpose of the zoning features, plans must show detailed utilities, soils, and ' bylaw. topographic information. A set of building elevation and F. Submit RDA from Conservation Commission when interior of building plans shall be required_ when the Continuous Buildable Area is applied for in ZBA application involves new construction/conversion/ and/or application. a proposed change in use. Elevation plans for minor projects including decks, sheds, & garages shall be 10. Plan of Land included with a side view depicted on the lotplan, P P Each application to the Zoning Board of Appeals shall be which includes a ground level elevation. accompanied by the following described plan. Plans must be submitted with this application to the Town Clerk's 11. APPLICATION FILING FEES Office and ZBA secretary at least thirty (30) days prior to A. Notification Fees: Applicant is to send by the public hearing before the Zoning Board of Appeals. certified mail all legal notices- to all abutters, and then supply proof of mailing to the ZBA secretary. 10 A. Major Projects Applicant is to supply stamps (appropriate Major projects are those which involve one of the following current postage) for mailing of decisions to all whether existing or proposed: a) five or more parking parties in interest as identified in MGLA ch. 40A, spaces, b) three or more dwelling units, and sec. 11 as listed on the application. ZBA Secretary c) 2000 square feet or more of building area. will compute number of stamps. Minor projects that are less than the above limits shall B. Applicant is to supply one(1) set of addressed require only the plan information as indicated with an labels of abutters to ZBA Secretary who will mail asterisks (`). In some cases further information may be decisions to abutters and parties in interest. required C. Administrative fee of $50.00 per application. 10 B. Plan Specifications: a) Size of plan: Ten (10 ) copies of a plan not to exceed 11 "x17", preferred scale of 1"=40'. b) Plan prepared by a Registered Professional Engineer and/or Land Surveyor, with a block for five (5) ZBA signatures and date indicated on mylar. A Variance once granted by the ZBA will lapse in one (1) year if not exercised and a new petition must be submitted. W Town of North Andover, Zoning Board of Anneals Parties of Interest/ Abutters Listing REQUIREMENT: MGL 40A, Section 11 states in part " Parties in Interest as used in this . chapter'shall mean the petitioner, abutters, owners of land directly opposite on any public or private street or way, and abutters to abutters within three hundred (300) feet of the property line of the petitioner as they appear on the most recent applicable tax list, notwithstanding that the land of any such owner is located in another city or town, the planning board of the city or town, and the planning board of every abutting city or town." Applicant's property, list by map, parcel, name and address (please print clearly and use black ink.) MAP PARCEL NAME ADDRESS 4 SH NAM I Gress L, „,.4 ABUT'T'ERS PROPERT Es MAP PARCEL NAME ADDRESS THIS INFORMATION WAS OBTAINED AT THE ASSESSORS OFFICE AND CERTIFIED BY THE ASSESSORS OFFICE BY: Seams 1:::o-5G'q,�) DATE I 02 - SIGNATURE ZSIGNATURE PAGE OF ' _ Town of North Andover Office of the Building Department Community Development and Services Division 27 Charles Street I North Andover, Massachusetts 01845 ,SSwcHus� D. Robert Nicetta Telephone (978) 688-9545 Building Commissioner Fax (9,78) 688-9542 May 25, 2002 Mr. Paul Gascoigne Real Estate Specialist VoiceStream Wireless 50 Vision Boulevard East Providence, RI 02914 RE: Building Permit Application 1 High Street (Schneider Electric) North Andover, MA Dear Mr. Gascoigne: I have reviewed the building permit application and submitted drawings as prepared by Edwards And Kelcey, Inc., 95 Cedar Street, Providence, RI 02903 for the referred site and also known as Site Number 4BS-0658-A on the drawings. The building permit is DENIED for the following reasons: s _ 1. The Building Permit Application is incomplete. 2. I am of the opinion that pursuant to Section 8.9 — Wireless Service Facilities, Paragraph 3 — District Regulations, Sub -Paragraph (v) (1), which mads in part "A minimum setback of 600 feet shall be required for all wireless devices, and their mounting structures, whether attached to a new or existing structure, as measured from the adjacent property line of properties which are either zoned for, or contain, residential and or educational uses of any types". Sheet C-1 of the submitted drawings, indicates many residential structures in the 600 feet zone. As such, I am of the opinion that the applicant must petition the North Andover Zoning Board of Appeals (ZBA) a Variance of this setback regulation. This Variance, if granted, by the ZBA, must be in place prior to the application of the Planning Board Special Permit. 3. The Planning Board Special Permit has not been issued and must be in place prior to the issuance of the Building Permit. The application form for the ZBA Variance is available from the Zoning Secretary at 27 Charles Street. If you have any questions please call my office at 978-688-9545. Yours truly, D. Robert Nicetta Building Commissioner / Zoning Officer CC: Heidi Griffin, Director CD&S Clay Mitchell, Interim Town Planner. BOARD OF APPEALS 688054.1 BUILDrNG 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535 Summary Brief in Support of Application for Variance Under Section 10.4 of the Town of North Andover Zoning Bylaw Voicestream Wireless ("Applicant") respectfully submits this Summary Brief in support of its application for a variance pursuant to Section 10.4, from the dimensional requirement of Section 8.9, 3 (c), v (1) of the Town of North Andover Zoning Bylaw, with respect to a proposed Wireless Service Facility ("WSF") consisting of the placement of three panel antennae at a height of approximately 85 feet above ground on a preexistent 90 foot WSF tower at 1 High Street, N. Andover, MA (Assessor's Map 54, Lot 1), owned by NAM Partners Limited Partnership, and commonly referred to as Schneider Electric (the "Proposed Facility"). The variance request is with respect to the fact that the proposed WSF will be located within 600 feet of the adjacent property line(s) of properties which are either zoned for, or contain, residential and or educational uses of any types, which is the specific distance enumerated in the above-mentioned section of the Bylaw. The subject parcel is a large established industrial parcel with a large manufacturing facility located on site. The WSF facility includes a 90 foot smokestack situated within a large industrial campus, with an existing microwave dish located on top of the smokestack; additionally, an omnidirectional (whip) antenna is located on one of the proximal existing support buildings at the base of the smokestack. Given these attributes, the Applicant believes this structure meets the definition of a Wireless Service Facility as so defined in the Town of North Andover Zoning Bylaw, specifically Section 8.9, (2) Z. The subject parcel (assessor's map Number 54, Parcel 1) is classified as Industrial Zone S. Pursuant to discussions and negotiations with NAM Partners Limited Parthership, Applicant has received authorization to submit this application to build a facility on the above-mentioned parcel (see supporting Letter of Authorization). The location of the proposed WSF facility on the lot was dictated by the existing use of the smokestack as a Wireless Service Facility, where Applicant proposes to locate three (3) panel antennae at the necessary height (85' AGL) to fill a significant existing gap in its wireless network coverage. Additionally, given that there are no either preexistent structures which were found satisfactory to eliminate this gap in coverage, this was determined to be the best alternative (least intrusive) proposal given the Town Bylaw's emphasis -on -the utilization -of -existing facilities, as -opposed to -new ground=mounted WSF tower facilities. Specifically, the Town of North Andover Zoning Bylaw, Section 8.9, subsection 3: b (i) states that: Iffeasible, wireless service facilities shall be located on preexistent structures, including but not limited to buildings or structures, preexistent telecommunications facilities, utilitypoles and towers, and related facilities, provided that such installation preserves the character and integrity of those structures. c Therefore, given the location of the preexistent WSF tower on the subject parcel, and the lack of any alternative existing structures suitable for Applicant to eliminate a substantial gap in its network coverage, the location of the proposed WSF is wholly appropriate and suitable, and the variance request herein is a direct result of the location and physical characteristics of the Proposed Facility on the parcel in question. In summary, Applicant's proposed WSF, based on the accompanying site plan, does not meet this 600 foot -setback requirement from adjacent property lines which are zoned for, or contain residential uses. Applicant respectfully requests that this Board grant a variance from the literal provisions of this requirement, which Applicant asserts can be done without derogating from the intent of its Bylaw. Furthermore, by granting a variance from this provision and allowing Applicant to utilize a pre-existent WSF facility, the Town of North Andover will allow Applicant to eliminate a significant gap in its existing network coverage and meet its statutory obligations under Section 704 of the Federal Telecommunications Act of 1996. Applicable Sections of the Zoninz By-laws Section 8.9, 3 (c), v (1) 600 Feet Y A minimum setback of 600 feet shall be required for all wireless devices, antenna and their mounting structures, whether attached to a new or existing structure, as measured from the adjacent property line of properties which are either. zoned for, or contain, residential and or educational uses of any types. Section 10.4 — Variances and Appeals The Town of North Andover Zoning Bylaw states: The Zoning Board of Appeals shall have power upon appeal to grant variances from the terms of this Zoning Bylaw where the Board finds that owing to circumstances relating to soil conditions, shape, or topography of the land or structures and especially affecting such land or structures but not affecting generally the zoning district in general, a literal enforcement of the provisions of this Bylaw will involve substantial hardship, financial or otherwise, to the petitioner or applicant, and that desirable relief may be granted without substantial detriment to the public good and without nullifying or substantially derogating from the intent or purpose of this Bylaw. There must be special conditions relating to the soil conditions, shape, or topography of the land or structures thereon, and especially affecting the land or structures, but not affecting generally the zoning district in which the land is located. M.G.L. Ch. 40A, section 10 similarly states: The permit granting authority shall have the power after public hearing for which notice has been given by publication and posting as provided in section eleven and by mailing to all parties in interest to grant upon appeal or upon petition with respect to particular land or structures a variance from the terms of the applicable zoning ordinance or by-law where such permit granting authority specifically finds that owing to circumstances relating to the soil, shape, or topography of such land or structures but not affecting generally the zoning district in which it is located, a literal enforcement of the provisions of the ordinance or by-law would involve substantial hardship, financial, or otherwise, to the petitioner or applicant, and that desirable relief may be granted without substantial detriment to the public good and without nulling or substantially derogating from the intent or purpose of such ordinance or by-law. The following analysis demonstrates how the above standards are satisfied/met: 1. Special conditions relating to the soil conditions, shape, or topography of the land or structures thereon, and especially affecting the land or structures, but not affecting generally the zoning district in which the land is located. Due to the topography of the land and the location of the parcel in this part of North Andover, the property has . unique Radio Frequency characteristics. The PCS system being developed by Applicant has been designed utilizing sophisticated computer -engineering models, which simultaneously evaluate area topography and population patterns. Combined with actual field data from existing on air facilities, these models are used to identify specific geographic regions to be serviced by each antenna facility in the network. As a result, a limited search area is identified by the radio frequency engineers as the necessary location to site a WSF to ensure complete coverage to all area residents and businesses. The parcel in question meets the limited search characteristics, in that there is a unique structure located thereon (a tower) which will allow Applicant to meet its obligations under the terms of its FCC license obligations and the requirements under the Federal Telecommunications Act of 1996. The existence of a 90 -foot smokestack which serves as a preexistent Wireless Service Facility tower at the proposed site, results in resulting radio .frequency propagation characteristics with make this site particularly well- suited for the proposed WSF. Further, there are no other existing structures from which Applicant can fill its gap in coverage. Applicant respectfully submits that the proposed location for the WCF is the only feasible location where the Proposed Facility could be located, and furthermore comply with the Zoning Bylaw's express preference for the use of preexistent structures. If relief is not granted from the provision of the 600 -foot setback, which setback the Applicant feels is in opposition to the requirements of the Federal Telecommunications Act of 1996, substantial hardship will result for the Applicant. 2. Substantial hardship to the Applicant, financial or otherwise, if the provisions of the ordinance or Bylaw were to be literally enforced Without the requested relief, PCS coverage in this area will be inadequate and there will be a significant gap within Applicant's network. The Federal Communications Commissions ("FCC") has issued Applicant a license to provide PCS service in Massachusetts, and it has, through this license, mandated that the Applicant's network be built out within a specific time limit, so that seamless wireless communication service may be provided to the general public at the earliest possible time. Applicant has spent millions of dollars to purchase and maintain its license for the Massachusetts area, not including significant additional funds building the communications network itself. Failure to provide the mandated coverage within the specified time limits under the license can result in financial sanctions being imposed on Applicant by the FCC, or in the most extreme scenario, a loss of the license itself. Without the requested relief, the Proposed Facility cannot be constructed, resulting in the continued existence of a significant gap in Applicant's network, and consequently the FCC mandate not being met for this license area. All of this would result in substantial financial hardship to Applicant. In addition to the financial hardship to Applicant, additional financial hardship would be .incurred by the owner of the property NAM Partners Limited Partnership, as without the facility no lease payments would be forthcoming. Additionally, without the facility, the Town of North Andover will forego a source of taxable real estate to augment its public revenues. 3. There shall be no substantial detriment to the public good The Proposed Facility will not be detrimental to the public good as the use is passive in nature, producing no smoke, odors, or waste. Once installed, traffic generated by the installation will be minimal, limited to only one or two visits per month on average by maintenance personnel. The proposed facility will consist of three panel antennae located at 85 feet on the existing 90 foot smokestack tower, connected via coaxial cables to base electronic equipment which will be screened from view by the existing structures on the site. The antennae and coaxial cabling will be painted to match the existing masonry structure of the tower, complying with the Zoning Bylaw's requirement for stealth screening, minimizing any resulting visual impact. In sum, given the careful blending of the proposed WSF with the existing smokestack, the visual impact of this facility will be minimized to the maximum extent practicable. The facility will also contribute to the public good as the proposed WCF will provide infrastructure in the form of enhanced communications, to the residents and businesses in North Andover in both day-to-day and emergency situations (please note that the proposed WCF will provide new E-911 capabilities as mandated by the FCC). Finally, Applicant feels it is important to emphasize that the 600 -foot setback requirement, if in any way related to perceived health effects from Wireless Service Facilities, is in direct contradiction to the requirements of the Federal Telecommunications Act of 1996 which specifically precludes environmental (health) effects as a basis for rendering a decision on a permit application for a WSF facility. Therefore, given that the proposed WSF will be located on a preexistent WSF tower as expressly preferred by the Zoning Bylaw, the requested variance may be granted without substantial detriment to the public good. 4. The variance must not nullify or substantially derogate from the intent of purpose of the ordinance or Bylaw. The granting of the requested relief will not substantially derogate from t" = the intent and purpose of the Zoning ByLaw, and in fact it is submitted that the granting of the variance being requested will actually aid in promoting the intent and purpose of the Zoning Bylaw by serving the public good. The proposed facility will be located within an established industrial district, on a preexistent 90 -foot WSF smokestack tower and support structures which is specifically favored as the most preferred location for the Proposed Facility, as set forth in Section 8.9, subsection 3: b (i) of the Zoning Bylaw. In addition, the proposed WSF; which will be painted to match the existing masonry material of the tower, ensures the site will have a minimal visual impact on the citizens of North Andover while allowing the Town of North Andover to meet its obligations under the Federal Telecommunications Act of 1996 by allowing Applicant to eliminate a substantial gap in its network coverage. Conclusion For the foregoing reasons, as well as pursuant to section 704(a) of the Federal Telecommunications Act of 1996 which provides, among other things, that municipalities may not consider perceived health effects in their decisions, prohibit service, or discriminate among providers of communications service, Applicant respectfully requests that the Board of Appeals grant the dimensional variance as requested in the accompanying application and/or such other relief, if any, including additional variance relief deemed necessary by the Board under the current Bylaw and pending Bylaw amendments if any, so that Applicant may construct and operate the proposed WSF facility. Applicant respectfully submits that the standards for zoning relief as set forth in the Bylaw as well as M.G.L Ch. 40A must be interpreted and applied such that the decision is issued in conformance with Section 704 of the Federal Telecommunications Act of 1996 in all respects. f ... i Town ofl®lorfh Andover Office of the Zoning Board of Appeals Community Development "and Services 'Division 27 Charles Street North Andover, Massachusetts 01845 D. Robert Nicetta Building Commissioner Legal Notice North Andover Board of Appeals 4 J tIORTFI Of 'qy �t� s, O # � io � 9SSaCHUSEt Telephone (978) 688-9541 Fax (978) 688-9542 Notice is hereby given that the Board of Appeals will hold a public hearing at the Senior Center, 120R Main Street, North Andover, MA on Tuesday the 10`h of September, 2002 at 7:30 PM to all parties interested in the appeal of Omnipoint Holdings, Inc., 50 Vision Blvd., E. Providence, RI 02914, for premises affected at 1 High Street, North Andover, MA requesting a Variance from Section 8.9, Paragraph 8.9.3(c)(v)(1) for relief from the 600 foot minimum setback requirement from the property line of properties which are either zoned for, or contain residential and/or educational uses of any types. Said premises affected is property with frontage on the west side of High Street within the Industrial S (I -S) zoning district. Plans are available for review at the office of the Building Department, 27 Charles Street, North Andover, MA; Monday through Thursday during the hours of 9:00 AM to 2:00 PM. . By order of the Board of Appeals William J. Sullivan, Chairman Published in the Lawrence Eagle -Tribune on January August 26 & September 2, 2002. Legalnotice2002-040 u rn �N��Dn3 d(n0 Cn '2 aoW 33.o COo°��o v�o7 WQD ur 0 g�w CCD o 3 ` g m a o^ 3 .3 w 7 o =� o 7 o Ir C:f;-__-`-rrll-.; c m m �� w N w m m o m Z r o �,00 gym- (D o <<nmacn30 m-07. (D c dor m�N?��a�IDcZ- �i: - D m��7mN�D'ncni.�m� �mmaomm�� nimoi�(o N. O 3' Um <- 7 (D O N O 3 N Oo w- N N� N 0 O C N (D O d N -O ... W O^ O D N p 7 7 O Cr Q^ ^. 7 � Z .-..O 7 •D N (D D O �_ 3. 0 �_J -- r �) N 3 N N N C N 3 (1 O d 7 d d N 7 0 W O O„ S (O D(D N O 7 Ja7N N 7 7 -.(D F v_W (D X31 �—_ `� p(D O ry•d CL N �- (D m DO CD N CCD O :-.-` 0�- D-9 [DOOHOS--camX00-0 070 D D�w•�N r') 3 n rn Pi p,7-mD� 0-< K:- o-0^�(o3c o<nmw o(DC1 do -1 r�'' {�) -- - (Dmw°:�oo om -m Dc-0oaom^ca=7 7 s0 E. 3.m p, fnmoa(Da7 :!`�...o -1 <'ma �7.a� domm' om-.o=om -v --- 0,0-. �3 r -w 7_.om7_d ?m° °2=�(oDCL °-•(�s4(o�-am�wwd�,� �_7 P17 m — o0(<DE - - ----- n CXR Board of Appeals 688-9541 Building 688-9545 Conservation 688-9530 Health 688-9540 Planning..68S 9535 Town of liTorth Andover `N°RT►,' , Office of tl;ie Zoning Soard ,of Appeals ' Community Development and Services Division , ' 27 Charles Street . North Andover, Massachusetts 01845 �Ssgc►+u5�t . D. Robert Nicetta 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: 1 High Street NAME:, Omnipoint Holdings, Inc., 50 Vision Blvd., . DATE: September 13, 2002 E. Providence, RL . € ADDRESS: for premises at: 1 High Street ti " 1 PETITION• 2002-040 North Andover, MA 01845' HEARING: 9/10/02 The North Andover Board of Appeals held a public hearing at its regular meeting on Tuesday, September 10, 2002 at 7:30 PM upon the application of Omnipoint Holdings, Inc., 50 Vision Blvd., E. Providence, RI 02914, for premises affected at 1 High Street, North Andover, MA requesting a. Variance from Section 8.9, Paragraph 8.9.3(c)(v)(1) for relief from the.600 foot minimum setback requirement from the property line of properties which are either zoned for, or contain residential and/or educational uses of any types within the Industrial S (I -S) zoning district. The following members were present: William J. Sullivan, Walter F. Soule, Robert P. Ford, John M. Pallone, Scott A. Karpinski, Ellen P. McIntyre, George M. Earley, and Joseph D. LaGrasse. Upon a motion made by Scott A. Karpinski and 2°d by Walter F. Soule, the Board voted to GRANT a Variance'from Section 8.9, Paragraph 8.9.3(c)(v)(I)r for relief of 475' setback from the property line of properties which contain residential use, on the condition that the cell antenna color matches the 90' chimney color, in accordance with the following plans SHEET DESCRIPTION T-1 Zoning Title Sheet C-1 Zoning Orthophoto Vicinity Plan Z-1 Zoning Site Plan and Elevation Z-2 Zoning Partial Roof Plan, Enlarged Elevation and Details titled: Voicestream Wireless Lake Cochichewick Schneider Electric, 1 High Street, North Andover, MA 01845 4BS-0658-A Smokestack for the facility prepared by Robert L. Davis, Registered Professional Engineer, Civil #37147 dated 05/08/02. The Board finds that the petitioner has satisfied the intent of Section 8.9, Paragraph 8.9.3(c)(v) (1) that ensures public safety by a 600', or, 2x the height "fall zone" setback by attaching the 4' high antennas to the existing 90' chimney, and the intent of Paragraph-, 8.9.4(axi)(2) by matching the antenna color to the chimney color; and provisions of Section 10, paragr 10.4 of the Zoning Bylaw that the granting of this variance will not adversely affect the neighborhood off.; derogate from the intent and purpose of the Zoning Bylaw. Voting in favor: William J. Sullivan, Waltc��. Soule, Robert P. Ford, John M. Pallone, and Scott A. Karpinski. _ Pagel of 2 `.J N co I3oard of Appeals 688-9541 Building 688-9545 Conservation 688-9530 Health 688-9540 Planning 685-9535 o - OSx, �. Town of North Andover Office of the Zolung Board of Appeals Community Develop ment`and Services Division 27 Charles Street North Andover, Massachusetts 01845 D. Robert Nicetta Building Cominis.sioner Telephone (978) 688-9541 Fax (978) 688-9542 Furthermore, if the rights authorized by the Variance are not exercised within one (1) year of the date of the grant, it shall lapse, and may be re-established only after notice, and a new hearing. Furthermore, if a Special Permit granted under the provisions contained herein shall be deemed to have lapsed after a two (2) year period from the date on which the Special Permit was granted unless substantial use or construction has commenced, it shall lapse and may be re-established only after notice, and a new hearing. Decision2002-040 Page 2 of 2 Town of North Andover Board of Appeals, i tN ` J : , William J Sullivan, Chairman Board of .Appenk 688-9-541 Building 09-9545 Conservation 6"-9530 Health 688-9340 Punning 688-9i35 1 r �. TOWN OF NORTH ANDOVER UST RF PARTIES OF INTEREST: PAGE t OF Z .: & 4.. - L. .. .. .. SUBJECT PROPERTY MAP °:' PAR # ' NAME ADDRESS ` NAM paii►.w ; Pur•,�51,; FrSf liN/o. G :{a Mcr/! o Rti S�$�� G/us N, G�7 G co r c �pp, D: G n c 95 �(� 1� «f of? t� (C.,6 ) «4 Pd, aeK (,4O Gr 1 /L( Preito� S f4 AI- Lc.. -to �aOlZ /Ot see 5,6 ie-ra A- :oto C114-1 or jLf� ...c..f}. . A • h6ran 4+ nn Mow.-- SZ W6.lKN Fd /(,�+ on, Of 0381( e'S �� mss: -17 F .L N/ h Ct MG �. `Q►JI' ....I`... .... -_ ISI KrIi� ad6.,�r 7��,J.G! OI 7.. „ 1 /• � // G a"Y 'M 'tG P4r HS�`r 2S� rG.Gn. G re oC,4Ll/Z / .. .�. /^^. o.crc ado I Gil�rvl- 5t• d -'JA" �( /► fGi�n Aa/fj '" 9 M42 Cc ei BGti,(e Uri Ic f" (7 Cc ..... a rel^ .."10 ol/P.✓� No^^�ntG I �c �f rnra `orlsy. //�. S CA,– �. � „. o,n (i a/Cr W. ,_Mu/o.� �crra� S�• �u O i I _.. �( ` a pCR ( /�. ral rOl+tG %c• Il . �p a cLlw O! r 6,1 4,4 u S o(— - O dLf5 (lees }cr.,r Gon �4.� 4 Z MG✓/rrtiapK JL/ .O 7 JGnrGI (� G J4 S G/ P/�� I ( p 1 /ccv. l•r G & (i�.r�'L 7 /4.. F. ... ._ dOG/./4 p J G r? r�d Sr,Sr14i A �%� ����0 2 l� raJ /r/�� ` /K I",t %O 'Cro/ tin rand Sala 2✓non S�. N, /(lam✓y �(�(S �GG�1 p o,,,a„ o/; � / ,tis: r„ o Bo / MGA., �. o "L .- r G rtit c 4r• c/,K O %u� "t Z� �riiiG/.6 l� • G.• e/n.c,. S r. (,.J dov4/ Q � -- ( 2 c r r\ 21 �F �r do,l;I O a. W,Q > iG✓ 4 lei S s t CERT. BY: r DATE: TOWN OF NORTH ANDOVER UST OF PARTIES OF INTEREST: PAGE OF 2-_ SUBJECT PROPERTY MAP PAR # NAME ADDRESS ✓ t.! O(* S _ (V ` G� uS %n�:lGCI G/ W i+% I1.,, l /1 ! f 4,01P2,LAI G ABUTTERS: --Y _?53 SL - o o J c v ll• IOO, o �i davu MA ckqf o X,5 _ �t ( o ctiGid .ol A . I SAJ,dfl�u OfQk�5�-- �r I �� P,D �• `• I _ S Colu.`.h, H 2-2- C Gl.o,— ,,aa. 1Pi"&Y ZZ 1. Mc W,'"d 4 -rA,. G 5 M 4_c da M o 0 21 �c S S u �� �ti / ' ♦ " 2 '• �. -� P� a • -- S l1 , Z '' 'c N • -,.J;.d un. kf O?o l� / ppw5 nd G Il8G /k41, / t 's kr,."4 & %i. p ,�Q _ I hoG., /C ci , do✓N " &A0, — of'Ns ���) - �caid 'S', hG/Fja/A A. / A Itv►, ee4. ;/. d•d ,c,- <,� 1 R I a _ A.,,..' 7-eM "� W. 1 0. I (,t --moo „d,'�� ed . Ai. a g4 < (k -1 '11) CERT. BY: DATE: G` v ' ✓ t.! O(* S _ (1 03 o/ u.s afV PC, 2 Colu.`.h, H 2-2- . I (icF S 2c�a N. %►� F,',. G 5 M 4_c da M o 0 21 �c S S u �� �ti / ' ♦ " nn Sri JJ M/� O(�,'4� 231 LA_ N. &A0, — of'Ns ���) - O IS o 40 C o 'rik uih o a( h i Z2 23l 0 , �lN 030" /V, O 4 �O I A i(�Jc o a� , i t� i l �n-, ra A^Q O - _7 I I CERT. BY: DATE: G` v + )502002 PR (:ti-iG +Ak-PAR-ADli N0-; PAR - FAR -ADD, NO � PAR-Pnk-r;[tf,-ST- Pi�R UWNE@-i1At7t-i is F. --------------------- ---------------------------------------- 1 --------------------- 2101040.(;-600[-0001,A ---------------- .,, ---------------- ti SUTTON, STREET U -1A AIIrHM. RE�!I r R115T ------------ 231 SUTTON 1t)ii)s,.!)-d062-00OLk 231. a 'i11TtJN STREET 0 -LH FLORENCE PL" 'A U.' TOTER ROAi �1(116a(t,G-00(t�-00(13.(: Z3:i G SIITTON ;iTREtI ll -7(. MOM TON. IIOUIsIA E s1 511TT0ii 5 r' 1ii`iU`4U' .'•,) -i)t.%ti''.-f)V SH-ON STRUT t- Lii "nK1iA ll!; - +' NiliOcN C,11; (11040.6-0062-606;.1 3; 0 SLITT0N )TRFFI U -1t JOHNSON. GR[(IARY I: _ H1G[lEN (:01i _10i0401, )-!ji)ij2-t)tj02. ; 31 !i -UTION siRU i1 - !i URkAR. Htr ANT `•i SALMON iR t10i040.0-0002-000:.fs ; ;' >UTTO1+ STREET ii -R (iTURKAR. HtiAi+T v '2 R4 104tj,!)-0U102-000 ., ',i ; ;iUITOil (4Ei:i it :i, i.�htli t.nl.ir illl:l `,1L `II!IIjN 210i040,6-00.02 606:`.[: ',_ 0 SOTiON STRtti 0-2i }iORtti!":i ririA ii ii!i't (! i_ 1iIll14t),!j-'jtjt)i�"!1I)t).'..i: ..Si '•1 >i,11i11N �I �,i:l il- E `!.iJ1tI:Ni:C. 'Efi'r.k r.L. It; :I :lOy!: 210i040.(! -0002—(1(16L,!5 _;; (i ;i(ITIUN ;18t.tT II [% IIOKI. i, Pimm t `. TiiiE%; 'ti(ihi' a 'lil/tj4lj,)—!)Ijt)1—U!)t)_.;t :'S( .J )II!itjti 7.N "f 11-;11 LIIi,hN!. ?t. t 1 LLT• ;;;(hK riIJ;il. 10 046,6-660 0016(,, 5 G l07 ION )TRtET I; ,., 11111{{�AA. hitli NT ` Jr:i.'illri f : tj.l,!) 51. J `.I1111JN ;,,i _E. it .5 .`liJl'F. i!,i NEHkH i.i., T!t�F:� �Iltii . '.M ■ 'Complete items 1, 2, and 3. Also complete Item 4 if Restricted Delivery is desired. `. ■ Print your name and address on the reverse so that we can return the card to you. ■ Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: Roman Catholic Archbishop of Boston 196 Maim Street North Andover, MA 01845 Received Agent M-7/6 D. Is delivery address different fro'fn item 1? U Yes If YES, enter delivery address below: ❑ No 3. Service Type ❑ Certified Mail ❑ Express Mail ❑ Registered ❑ Return Receipt for Merchandise ❑ Insured Mail ❑ C.O.D. 4. Restricted Delivery? (Extra Fee) ❑ Yes 2. Article Number 7002 0860 0006 6867 0073 (Transfer from service label) PS Form 3811, August 2001 Domestic Return Receipt 102595-02-b4-0335 ■Complete items 1, 2, and P. Also complete item 4 if Restricted Deliver.is desired. ■ Print your name and address on the reverse so that we can return the card to you. ■ Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: Atlantic Realty Trust C/O Louis 'vlinic.ucci 231 Sutton St., # I A North Andover, MA 01845 A. X B. Received by (Printed Name) I C. Date of Delivery D. Is delivery address different from item 1? ❑ Yes If YES, enter delivery address below: ❑ No 3. Service Type ❑ Certified Mail ❑ Express Mail ❑ Registered ❑ Return Receipt for Merchandise ❑ Insured Mail ❑ C.O.D. 4. Restricted Delivery? (Extra Fee) ❑ Yes 2. Article Number 7002 0860 0006 6866 9664 (transfer from service label) PS Form 3811, August 2001 Domestic Return Receipt 102595-02-M-0835 ■ Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. ■ Print your name and address on the reverse so that we can return the card to you. ■ Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to Home Realty Trust Harold J. McPhee Trustee 63 Water Street North Andover, MA 01845 A. Signature Agent B. Receive (pr i ed me) C. Date of Delivery D. Is delivery a dress different from item 1? ❑ Yes .�. If YES, eu eli*4cess below: ❑ No �Cr 3. Service Type...- ❑ Certified "Mail. '. 1 Q Express Mail ❑ Registered ❑ Return Receipt for Merchandise ❑ Insured Mail ❑ C.O.G. 4. Restricted Delivery? (Extra Fee) ❑ Yes 2. Article Number 7002 0860 0006-6867 0103 (transfer from service label) _ PS Form 3811, August 2001 Domestic Return Receipt 102595-02 NI -0835 V s 1 , 1 b , B Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. B Print your name and address on the reverse so that we can return the card to you. ® Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: Kollen:Nominee Trust Virginia Kollen Trustee 58 Church Street North Andover, MA 01845 A. Signature r; ❑ Agent X Vl,(. Add�;see B. Received b (Pri ted me) I C. Date of,Delivery (ri t al 61 3 2-3 6 2- D. Is deli ry address different from item 1? ❑ Yes If YES, enter delivery address below ❑ No 3. Service Type ❑ Certified Mail ❑ Express Mail ❑ Registered ❑ Return Receipt for Merchandise ❑ Insured Mail ❑ C.O.D. 4. Restricted Delivery? (Extra Fee) ❑ Yes 2. Article Number (Transfer from service label) 7002 0860 0006 6867 0042 PS Form 3811, August 2001 Domestic Return Receipt 102595-02-M-0835 ® Complete items 1, 2, and'3. Also complete A. Signature item 4 if Restricted Delivery is desired.1:1Agent X o Print your name and address on the reverse yq ( /'{ ��`-lam/ )y� V " 1� El Addressee so that we can return the card to you. ■ Attach this card to the back of the mailpiece, B. Received by (Printed Na e) C. Date of Delivery or on the front if space permits. 1. Article Addressed to: Alfred Realty Trust Barbagello. Ralph & Marie ?3 I Sutton Street North Andover, MA 01845 D. Is delivery address different from item. 1? ❑Yes If YES, enter delivery address below: ❑ No 3. Service Type ❑ Certified Mail ❑ Express Mail ❑ Registered ❑ Return Receipt for Merchandise ❑ Insured Mail ❑ C.O.D. 4. Restricted Delivery? (Extra Fee) ❑ Yes 2. ArticieNunlber 7002 0860 0006 6866 97011 (Transfer from service label) _ PS Form 3811, August 2001 Domestic Return Receipt 102595-02-rv1-0835 e Complete items 1. 2, and 3. Also complete ;tem 4 if Restricted Delivery is desired. • Print your name and address on the reverse so that we can return the card to you. • Attach this card to the back of the mailpiece or on the front if space permits. 1. Article Addressed to Spita Realty frust Harold J. McPhee Trustee 63 Water Street North .Andover, MA 01845 A. ❑ Agent ❑ AddL asa a by ri r C. Date of Delivery D. Is delivery address different from item 1? Cl Yes If YES, enter delivery address below ❑ No 3. Service Type tJ1 r�Y ❑ Certified Mail1 air. Elr RecRegistered © eipt for Merchandise ❑ Insured Mail ❑ C.O.D. 4. Restricted Delivery? (Extra Fee) ❑ Yes 2. Article Number 7002 0860 0006 6867 0059 (Transfer from service label) PS Form 3811, August 2001 Domestic Return Receipt 102555-02-M-0835 L ' ® Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. ■ Print your name and address on the reverse so that we can return the card to you. ■ Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: Windle Realty "frust Wilfred & Cora Windle Trustees 40 Perley Road North Andover, MA 01 845 A. 2. Article Number (Transfer from service label) 7 0 0 2 0 8 6 0 0 0 0 6 6 8 6 6 9 9 2 3 PS Form 3811, August 2001 Domestic Return Receipt 102595-02 M-0835 ■ Complete items 1, 2, and 3. Also complete . item 4 if Restricted Delivery is desired. ■ Print your name and address on the reverse so that we can return the card to you. ■ Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: Verrtile lZealty Trust JR & RN Vernile, Trustees 69 Water Street North Andover, MA 01845 A. Sig ature / X {/// ❑Agent Addressee eceiv by ( Printed Name C. Date of 9elivery os,�nG► �e�� 1e 8h3A 2- D. Is delivery address different from item 1 f ❑ hes If YES, enter delivery address below: ❑ No 3. Service Type ❑ Certified Mail ❑ Express Mail ❑ Registered ❑ Return Receipt for Merchandise ❑ Insured Mail ❑ C.O.D. 4. Restricted Delivery? (Extra Fee) ❑ Yes 2. Article Number -- (rransfer from service label) 7002 0860 0006 6 8 6 6 9831 PS Form 3811, August 2001 Domestic Return Receipt 102595-02-M-0835 ■ Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. . ■ Print your name and address on the reverse so that we can return the card to you. ■ Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: Water Street Realty Trust c/o Creative Builders 58 Water Street North Andover, MA 01845 ❑ No L L❑ Certified Mail ❑ Express Mail ❑ Registered ❑ Return Receipt for Merchandise ❑ Insured Mail ❑ C.O.D. 4. Restricted Delivery? (Extra Fee) ❑ Yes 2. Article Numb7002 0860 0006 6867 01,27 from (Transfer from service label) PS Form 3811, August 2001 Domestic Return Receipt 102595-02-M-0835 '❑ Addressee B. Received by ( Printed Name) C. ate�of/Delivery D. Is delivery address different from item 1. ❑ Yes If YES, enter delivery address below: ❑ No 3. Service Type ❑ Certified Mail ❑ Express Mail ❑ Registered ❑ Return Receipt for Merchandise ❑ Insured Mail ❑ C.O.D. 4. Restricted Delivery? (Extra Fee) ❑ Yes 2. Article Number (Transfer from service label) 7 0 0 2 0 8 6 0 0 0 0 6 6 8 6 6 9 9 2 3 PS Form 3811, August 2001 Domestic Return Receipt 102595-02 M-0835 ■ Complete items 1, 2, and 3. Also complete . item 4 if Restricted Delivery is desired. ■ Print your name and address on the reverse so that we can return the card to you. ■ Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: Verrtile lZealty Trust JR & RN Vernile, Trustees 69 Water Street North Andover, MA 01845 A. Sig ature / X {/// ❑Agent Addressee eceiv by ( Printed Name C. Date of 9elivery os,�nG► �e�� 1e 8h3A 2- D. Is delivery address different from item 1 f ❑ hes If YES, enter delivery address below: ❑ No 3. Service Type ❑ Certified Mail ❑ Express Mail ❑ Registered ❑ Return Receipt for Merchandise ❑ Insured Mail ❑ C.O.D. 4. Restricted Delivery? (Extra Fee) ❑ Yes 2. Article Number -- (rransfer from service label) 7002 0860 0006 6 8 6 6 9831 PS Form 3811, August 2001 Domestic Return Receipt 102595-02-M-0835 ■ Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. . ■ Print your name and address on the reverse so that we can return the card to you. ■ Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: Water Street Realty Trust c/o Creative Builders 58 Water Street North Andover, MA 01845 ❑ No L L❑ Certified Mail ❑ Express Mail ❑ Registered ❑ Return Receipt for Merchandise ❑ Insured Mail ❑ C.O.D. 4. Restricted Delivery? (Extra Fee) ❑ Yes 2. Article Numb7002 0860 0006 6867 01,27 from (Transfer from service label) PS Form 3811, August 2001 Domestic Return Receipt 102595-02-M-0835 4 ■ Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery, is desired. ■ Print your name and address on the reverse so that we can return the card to you. ■ Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: Boston & Maine Railroad Iron Horse Park High Street North Billerica, MA 01862 A. Signature X t ❑ Agent Addressee B. Receiv by (printed Name) g> of Q� j D. Is delivery address different from item ? ❑ Yes If YES, enter delivery address below: ❑ No 3. Service Type ❑ Certified Mail ❑ Express Mail ❑ Registered ❑ Return Receipt for Merchandise ❑ Insured Mail ❑ C.O.D. 4. Restricted Delivery? (Extra Fee) ❑ Yes 2. Article Number (Transfer from service label) 7002 0860 0006 6866 9732 PS Form 3811, August 2001 Domestic Return Receipt 102595-02-M-0835 ■ Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. ■ Print your name and address on the reverseLIMA, so that we can return the card to you. ■ Attach this card to the back of the mailpiece, or on the front if space permits. A. §iqnature ❑ tessee cei e y Printed Name) C. Date of Delivery �/ a _ Z3 �L Is deliv ry ddress different from item 1? ❑ Yes If YES, enter delivery address below: ❑ No 1. Article Addressed to: Florence Plaza LLC c/o EP Management Co. 7 Toz-er Road 3. Service Type Beverly, MA 01915 ❑ Certified Mail ❑ Express Mail ❑ Registered ❑ Return Receipt for Merchandise ❑ Insured Mail Cl C.O.D. 4. Restricted Delivery? (Extra Fee) C Yes 2. Article Number 7002 0860 0006 6866 9695 (transfer from service label) - -- - PS Form 3811, August 2001 Domestic Return Receipt 102595-02-M-0835 ■ Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. ■ Print your name and address on the reverse so that we can return the card to you. ■ Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: Elm Mill Realty Trust 200 North Main Street East Longmeadow, MA 0 t 028 A. Sign ae X t ❑ Agent ❑ Addressee B. Re�eby ( Anribjed Name) C. Date of Delivery D. Is delivery address different from item 1? ❑ Yes If YES, enter delivery address below: ❑ No 3. Service Type ❑ Certified Mail ❑ Express Mail ❑ Registered ❑ Return Receipt for Merchandise ❑ Insured Mail ❑ C.O.D. 4. Restricted Delivery? (Extra Fee) ❑ Yes 2. Article Number (Transfer from service label) _70_02 0860 0006 6866 9688 PS Form 3811, August 2001 Domestic Return Receipt 102535-02-rn-0835 ' ■ Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. ■ Print your name and address on the reverse that we can return the card to you. 10A4ch this card to the back of the mailpiece, or the front if space permits. 1. Ar {Addressed to: M Questen, Harriet White & _�arlotte Shaw RRI Box 1586 Troyman, ML 04987 A. Signature x 11Agent v—[� [> ❑ Addressee �Received by ( Printed Name) C. Date of Delivery er e k C� D. Is delivery address differ t 1? ❑ Yes If YES, enter delivef �r ss eld�y ❑ No 26 3. Service Type J'`� 04 9-8b. )ertified Mail ❑ x it LJ Registered ❑ Return Receipt for Merchandise ❑ Insured Mail ❑ C.O.D. 4. Restricted Delivery? (Extra Fee) ❑ Yes 2. Article Number (7ransfer from service label) 7002 0860 0006 6866 9954 PS Form 3811, August 2001 Domestic Return Receipt 102595-02-M-0835 ■ Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. ■ Print your name and address on the reverse so that we can return the card to you.. ■ Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to Service Chemical Corp. c/o Laidlaw Environmental Srvcs. P.O. Box 11393 Columbia, SC 29211 A. Signature x SAFETY KLEEN CORP'Agent ressee B'PKrl M^R n t� e� 13 ojPelivery D. Is delivery adi gess different from item 1? ❑ Yes If YES, enter delivery address below: ❑ No 2 6 AUG 1K, 3. Service Type ❑ Certified Mail ❑ Express Mail ❑ Registered ❑ Return Receipt for Merchandise ❑ Insured Mail ❑ C.O.D. 4. Restricted Delivery? (Extra Fee) ❑ Yes 2. Article Number (Transfer from service label) 7002 0860 0006 6867 0035 PS Form 3811, August 2001 Domestic Return Receipt 102395-02-M-0835 ■ Complete items 1, 2, and 3. Also complete A. item 4 if Restricted Delivery is desired. o Print your name and address on the reverse x g so that we can return the card to you. ■ Attach this card to the back of the mailpiece, u. or on the front if space permits. 1. Artice Addressed to: >=.D. ❑ Agent ❑ Addressee ve Pk)n(e fN e) C ,,Date of Delivery Is delivery address different from item 1? ❑ Yes If YES, enter delivery address below: ❑ No NAM Partners Limited Partnership 6256 Greenwich Drive — 3. Service Type San Diego, CA 921 12 ❑ Certified Mail ❑ Registered ❑ Insured Mail ❑ Express Mail ❑ Return Receipt for Merchandise ❑ C.O.D. 4. Restricted Delivery? (Extra Fee) ❑ Yes 2. Article Number (1Parster from service label) 7002 Q 8t 0 s 41'7616 A,9879 -Trmrr r... ' �oiiTiaa �1.1;'Wugust 2 t'tt t °t 'r �t s}t Fti 1u�nrf�eceipi 102595-02-N-0835 0 p Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. ;j ■ Print your name and address on the reverse so that we can return the card to you. ■ Attach this card to the back of the mailpiece, or on the front if space permits. j 1. Article Addressed to: / Ir CO Martin, Barry J. & Lisa A. 24 Copper Beach Road Salem, NH 03079 2. Article Number (Transfer from service label) - PS Form 3811, August 2001 A.ZgntureX1 0 A. Signature ❑ Agent X ❑ Addressee B. Received by (Printed Name) C. Djat of De J v Ty 'Is clve ' dr�ss different from item ❑ Y s 'ery address below: If `R, enteTe—)- ❑ No 00 N l .,.Z or on the front if space permits. Certified Mail ❑ Express Mail ❑ Registered ❑ Return Receipt for Merchandise ❑ Insured Mail ❑ C.O.D. 4. Restricted Delivery? (Extra Fee) ❑ Yes 7002 0860 0006 6866 9787 Domestic Return Receipt 102595-02-M-0835 ■ Complete items 1, 2, and 3. Also complete A. Signature item 4 if Restricted Delivery is desired. X ❑ Agent ■ Print your name and. address on the reverse .—--�� ❑ Addressee so that we can return the card to you.Rece'ved by (Print Name) C. Date of Delivery e Attach this card to the back of the mailpiece, l .,.Z or on the front if space permits. D. Is delivery address different from item 1? El Yes 1. Article Addressed to: If YES, enter delivery address below: ❑ No Arulson, Sharon & Dunn, Maureen 52 Walker Road 3. Service Type Atkinson, NH 03811 ❑ Certified Mail ❑ Express Mail ❑ Registered ❑ Return Receipt for Merchandise ❑ Insured Mail ❑ C.O.D. 4. Restricted Delivery? (Extra Fee) ❑ Yes 2. Article Number (Transfer from service label) 7002 0860 0006 6866 9 817 PS Form 3811, August 2001 Domestic Return Receipt 10259502-M-0835 ■ Complete items 1, 2, and 3. Also complete A.Si�fat fe / i item 4 if Restricted Delivery is desired. ❑ A91 X / ■ Print your name and address on the reverse VV [p•1�d so that we can return the card to you. B. ived by (Pr' ed Name) C. D to of f ■ Attach this card to the back of the mailpiece, or on the front if space permits. D. Is delive s er fr tem 1 . ❑ es 1. Article Addressed to: If YES enr .livery and P Sia- w: AUG 2 3 ?002 Oturkar, Hemant V. 22 Salmon Brook s. service 6r� ❑ Certifie I Ol ss Mail Nashua, NH 0306 ❑ Registered Return Receipt for Merchandise ❑ Insured Mail ❑ C.O.D. _ 4. Restricted Delivery? (Extra Fee) ❑ Yes 2. (Trans r from 7002 0860 0006 6866 9671 (Transfer from service label) PS Form 3811, August 2001 Domestic Return Receipt 102595-02-M-0835 ■ Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. ` c ■ Print your name and address on the reverse so that we can return the card to you. ■ Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: Letizio, Diane. M. 22 West Shore Road Windham, NH :03�087 B. U D. Is delivery address different from item 1? ❑ Yes If YES, enter delivery address below: ❑ No 3. Service Type ❑ Certified Mail ❑ Express Mail ❑ Registered Cl Return Receipt for Merchandise ❑ Insured Mail ❑ C.O.D. 4. Restricted Delivery? (Extra Fee) ❑ Yes 2. (Transfer nsferle umm 7002 0860 0006 6867 0011 (transler from service label) PS Form 3811, August 2001 Domestic Return Receipt 102595-02-M-0835 ■ Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. ■ Print your name and address on the reverse so that we can return the card to you. ■ Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: .. NAM Partners Limited Partnership Attn: First Union Capital Markets A. Signature / X ❑ Agent v /// ! r �✓ C1 Addressee B. Received by ( Printed Name) C. Date of Delivery D. Is delivery address differer Yes If YES, enter delivery ad '� gIpw: N J C=0 P.O. Box 56080% 3. Service Type ❑ Certified Mail ❑ Express Mail. Dallas, TX 7535E-0807 0' Registered ❑ Return Receipt for Merchandise ❑ Insured Mail ❑ C.O.D. 4. Restricted Delivery? (Extra Fee) ❑ Yes 2. Article Number 7002 0860 0006 6866 9800 (transfer from service label) PS Form 3811, August 2001 Domestic Return Receipt i 1025515-02-M-0835 ■ Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. ■ Print your name and address on the reverse so that we can return the card to you. ■ Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: Breen, Lisa A. & Christian F. 128 Brookdale Road Salem, NH 03079 A.Si nature X � ❑ Agent Addressee B. Received by (Printed Name) C e of elivery D. Is delivery address t from item Evyis If YES, eft er It ` s below: ❑ No 3. Service'`tjlpe'-------,' ❑ Certifietl Maj__.Q.Express Mail ❑ Registered ❑ Return Receipt for Merchandise ❑ Insured Mail ❑ C.O.D. 4. Restricted Delivery? (Extra Fee) ❑ Yes 2. Article Number ---- - - - (Transfer from service label) 7002 0860 0006 6867-0110 PS Form 3811, August 2001 Domestic Return Receipt 102595-02-M-0835 ■ Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. ■ Print your name and address on the reverse so that we can return the card to you. ■ Attach this card to the back of the mailpiece, or on the front if space permits.. 1. Article Addressed to: Schnellinger, Gerhard 14. & Dagmar 83 Lim Street North .Andover, MA 01845 A. � ture X Agent \ y l�] Addressee B. Received by ( Printed Name) I E. Date of Delivery os� different from item 1? El Yes YE nter live_ address below: ❑ No CL. CD r J: Q i 3. Service Type ❑ Certified Mail ❑ Express Mail ❑ Registered ❑ Return Receipt for Merchandise ❑ Insured Mail ❑ C.O.D. 4. Restricted Delivery? (Extra Fee) ❑ Yes 2. Article Number (Transfer from service label) 7002 0860 0006 6866 9763 PS Form 3811, August 2001 Domestic Return Receipt 102595 -02 -NI -0835 ■ Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. ■ Print your name and address on the reverse so that we can return the card to you. ■ Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: Windle Realty "Trust Valerie Windle Trustee 46 Water Street A. Signature X c ❑ Agent v ❑ Addressee B. Received by ( Printed Name) ate of Delivery=� 3 D. Is delivery address different from item 1? ❑ Yes If YES, enter delivery address below: ❑ No 3. Service Type North Andover, MA 01845 ❑ Certified Mail ❑ Express Mail ❑ Registered ❑ Return Receipt for Merchandise ❑ Insured Mail ❑ C.O.D. 4. Restricted Delivery? (Extra Fee) ❑ Yes 2, Article Number (transfer from service label) 7002 0860 0006 6866 '9:9:9 2 PS Form 3811, August 2001 Domestic Return Receipt 5102595-02-M-0835 ■ Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. ■ Print your name and address on the reverse so that we can return the card to you. ■ Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: Smith, Kevin J. & Jill 110 High Street North Andover, i ,1A 01845 A. Signature. X Cw/ ❑ Agent B. R ved b rioted ame) C. Date of. Delivery *W11 18/2-3j6 2- D. Is delivery address different from item 1? ❑ Yes If YES, enter delivery address below: ❑ No 3. Service Type ❑ Certified Mail ❑ Express Mail ❑ Registered ❑ Return Receipt for Merchandise ❑ Insured Mail ❑ C.O.D. 4. Restricted Delivery? (Extra Fee) ❑ Y'es 2. Article Number -- (rransfer from s ervice label) 7002 0860 0006 6867 0004 PS Form 3811, August 2001 Domestic Return Receipt 102595-02-M-0835 L l ■ Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. 'i ■ Print your name and address on the reverse so that we can return the card to you. ■ Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: Moulton, Douglas R. 231 Sutton Street North Andover, MA 01845 A. Si ature X B. Received by (Printed Name) ° ❑ Agent ❑ Addressee C. Date of Delivery D. Is delivery address different from item 1? ❑ Yes ::.If YES, enter delivery address below: ❑ No M 3. Service Type ❑ Certified Mail ❑ Express Mail ❑ Registered ❑ Return Receipt for Merchandise ❑ Insured Mail ❑ C.O.D. 4. Restricted Delivery? (Extra Fee) ❑ Yes 2. Article Number (Transfer from service label) 7002 x.860. 0006 6866 9725 PS Form 3811, August 2001 Domestic Return Receipt '02595-02-M-0835 ■ Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. ■ Print your name and address on the reverse so that we can return the card to you. ■ Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: Richard R. & Gail M. Clement, Sr, 22 Water Street North Andover, MA 01845 A. Si ture Agent X Addressee B. Received by ( Printed Name) I C Date of Delivery D. Is delivery address different ofiir&dj`JM -U- Yes, If YES, enter delivery ad es slow: No Z Ond I1 3. Service Type q Certified Mail C]Express, ❑ Registered Cl Return Receipt for Merchandise ❑ Insured Mail ❑ C.O.D. 4. Restricted Delivery? (Extra Fee) ❑ Yes 2. Article Number 7002 0860 0006 6867 0080 (Transfer from service label); PS Form 3811, August 2001 Domestic Return Receipt 102595.02-M-0835 ■ Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. ■ Print your name and address on the reverse so that we can return the card to you. ■ Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: McClure, Mary Ann 28 Water Street . North Andover, MA 01845 11 H Received by (Printed Name) I C. Date of Delivery _r �Di 1s delivery address different from item 1? ❑ Yes s If YES, enter delivery address below: ❑ No �Q�P 018gS 9 3.'S f�eT c C3Mail \\ ress Mail C3R l� eturn Receipt to.- Merchandise ❑ In C.O.D. 4. Restricted Delivery? (Extra Fee) ❑ Yes 2, Article Number 7002 0860 0006 6867 0134 (transfer from service label) PS Forin 3811, August 2001 Domestic Return Receipt 102595-02-M-0835 .- t. ■ Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. ■ Print your name and address on the reverse so that we can return the card to you; ■ Attach this card to the back of the mailpiece, or on the.front if space permits. 1. Article Addressed to: Thornton, Richard W. & Marcia 48 Church Street North Andover, MA, 01845 A. Signature C4 l Agent X /t/•Vl JC (�„�� I ❑Addressee Bey Received by Printed NamF Date of Delivery . �ai, V23 Id-,)- D. d? D. Is delivery address different from item 1? ❑ Yes If YES, enter delivery address below: ❑ No 3. Service Type ❑ Certified Mail ❑ Express Mail ❑ Registered ❑ Return Receipt for Merchandise ❑ Insured Mail ❑ C.O.D. 4. Restricted Delivery? (Extra Fee) ❑ Yes 2. Article Number 7002 0860 0006 6867 014nu (Transfer from service label) PS Form 3811, August 2001 Domestic Return Receipt 102595-02-M-0835 ■ Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. ■ Print your name and address on the reverse so that we can return the card to you. ■ Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to Robertson, George & Diane 95 High Street North Andover. MA 01845 A. ,Signature ❑ Agent X_. ❑ Addressee B. Recety by ( Printed Name) C. Date of Delivery D. Is delivery address different from item 1? ❑ Yes If YES, enter delivery address below: ❑ No 3. Service Type ❑ Certified Mail ❑ Express Mail ❑ Registered ❑ Return Receipt for Merchandise ❑ Insured Mail ❑ C.O.D. 4. Restricted Delivery? (Extra Fee) ❑ Yes 2. Article Number (rransfer from service label) 7002 0860 0006 6866 9794 PS Form 3811, August 2001 Domestic Return Receipt 102595-02-M-0835 E. Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. ■ Print your name and address on the reverse so that we can return the card to you. ■ Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: f ..,, Dunham, Timothy N. & Jayne E. 66 Thorndike Road A. Signature Agent '-- Addressee B. Received by (Printed Name) I C. Date of Delivery D. Is delivery address different fr �e P33 ' Yes If YES, enter delivery adoe - Iw1 kto U. Norah Andover, N1A 01845 3. Service Type �Ny , j ��� ❑ Certified Mail El -M Expres -Mai— - ❑ Registered 0. Return Receipt for Merchandise ❑ Insured Mail ❑ C.O.D. 4. Restricted Delivery? (Extra Fee) i] Yes 2. Article Number .7002 0860 0006 6866 9930 (Transfer from service label) PS Form 3811, August 2001 Domestic Return Receipt 102595-02-M-0835 r 0 Complete items 1, 2, and 3. Also complete . item 4 if Restricted Delivery is desired. ` ■ Print your name and address on the reverse so that we can return the card to you. ■ Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: Landers, Vincent B. 40 Court Street North Andover, MA 01845 A.:.Signiiture X � B.B. Received D. Is delivery address different If YES, enter delivery addri C. ❑ Yes ❑ No 3. Service Type ❑ Certified Mail ❑ Express Mail ❑ Registered ❑ Return Receipt for Merchandise ❑ Insured Mail ❑ C.O.D. 4. Restricted Delivery? (Extra Fee) ❑ Yes 2. Article Number (Transfer from service label) 7002 0860 0006 6866 9855 PS Form 3811, August 2001 Domestic Return Receipt 102595-02-M-0835 ■ Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. ■ Print your name and address on the reverse so that we can return the card to you. ■ Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to A. Signatyre X ❑ Agent ❑ Addressee B. Received by (Printed Name) C. Date of Delivery D. Is delivery address different from item 1? ❑ Yes If YES, enter delivery addre low: 11 No no Comeau, Arthur & Ann, and Susan Fontaine a �` 53 Water Street 3. Service Type 2 North Andover, NIA 01845 ❑ Certified MailNOG.ff. rens M 'n❑ Registered�te� p&r Merchandise ❑ Insured Mail 4. Restricted Delivery? (Extra Fee) ❑ Yes 2. Article Number -- - (Transfer from service label) ?002 0860 0006 686? 0066 PS Form 381 1, August 2001 Domestic Return Receipt 102,95-02-M-0835 ■ Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. A. Sign ,, ❑ Agent X ■ Print your. name and address on the reverse ❑ Addressee so that we can return the card to you. eived y (P Name) C. Dale of elivery ■ Attach this card to the back of the mailpiece, K Z j� or on the front if space permits. 1. Article Addressed to: D. Is delivery address different from item/? ❑ es -5 If YES, enter delivery address below: ❑ No Trask, Donald E. & Mary E. 18 Water Street North Andover, MA 01845 3. Service Type ❑ Certified Mail ❑ Express Mail ❑ Registered ❑ Return Receipt for Merchandise ❑ Insured Mail ❑ C.O.D. 4. Restricted Delivery? (Extra Fee) ❑ Yes 2. Article Number (Transfer from service label) 7002 0860 0006 6867 0172 PS Form 3811, August 2001 Domestic;Return Receipt 102595-02-M-0835 it A. Sig X _7 '! Complete items 1, 2, and 3. Also complete ,_ = A. Sign re , item 4 if Restricted Delivery. is desired. 111Agent XXJ41 ■ Print your name and address on the reverse ❑ Addressee so that we can return the card to you. a Received by (Printe Name) C. Date of Delivery ■ Attach this card to the back of the mailpiece, or on the front if space permits. p. Is delivery address different from_item.t? ❑ Yes 1. Article Addressed to: w°'.: %'%v• If YES, enter delivery acjdre s beb <:;, No �.� 3 Richards, Guy -& Carol A. ,C r) t� 48 Water Street North Andover, M 01845 3. Service Type ❑ 1:1k I Certified Mail Exprests�ail ' ❑ Registered ❑ Return Receipt for Merchandise ❑ Insured Mail ❑ C.O.D. 4. Restricted Delivery? (Extra Fee) ❑ Yes 2. Article Number 7002 0860 0006 6866 9909 (Transfer from service label) PS Form 3811, August 2001 Domestic Return Receipt 102595-02-M-0839 ■Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. ■ Print your name and address on the reverse A. Sig X _7 ❑Agent ❑ Addressee B. gived by ( Printed Name)C. Date of Delivery — so that we can return the card to you. ■ Attach this card to the back of the mailpiece, or on the front if space permits. ls delivery address different frorrjiteyrf 1u ❑ Ye's �0`. = If ss b ow: W No YES, enter delivery addre �1 - 1. Article Addressed to: Juknavoriah— Richard and Shea, Francis L. 20 Mount Vernon Street North Andover, MA 01845 3. Service Type ❑ Certified Mail ❑Express Mail ❑ Registered ❑ Return Receipt for Merchandise ❑ Insured Mail ❑ C.O.D. 4. Restricted Delivery? (Extra Fee) ❑ Yes 2. Article Number 7002 0860 0006 '686? 0165 (Transfer from service label) PS Form 3811, August 2001 Domestic Return Receipt 102595-02-M-0835 i ■ Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. ■ Print your name and address on the reverse so that we can return the card to you. ■ Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: Gallant,. -Richard & Stephen Jr. 36T6rley Road North Andover, MA Ol 845 A. Sic ❑ Agent . ❑ Addressee B. Receivd'd by ( Printed Name) C. Date of Deiivery D. Is delivery address different from item 1? ❑ Yes If YES, enter delivery address below: ❑ No 3. Service Type ❑ Certified Mail ❑ Express Mail ❑ Registered ❑ Return Receipt for Merchandise ❑ Insured Mail ❑ C.O.D. 4. Restricted Delivery? (Extra Fee) ❑ Yes 2. Article Number 7002 0860 0006 6866 9978 (Transfer from service label) PS Form 3811, August 2001 Domestic Return Receipt 102595-02-M-0835 • • . ■ Complete items 1, 2, and 3. Also complete A Signa re item 4 if Restricted Delivery is desired. X 111111 Print your name and address on the reverse so that we can return the card to you. re:1vfby: ■ Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: - Smedile,.Jame,�SS'. & Rosemary 65 Greene Street North Andover, MA 01 845 D. Is delivery address different from item 1? r U Ye; If YES, enter delivery address below: 13 No 2 - 3. Service Type ❑ Certified Mail ❑ Express Mail ❑ Registered ❑ Return Receipt for Merchandise ❑ Insured Mail ❑ C.O.D. 4. Restricted Delivery? (Extra Fee) ❑ Yes 2. Article Number 7002 0860 0006 6867 0097 (Transfer from service label) PS Form 3811, August12001 Domestic Return Receipt 102595-02-M-0835 ■ Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. ■ Print your name and address on the reverse so that we can return the card to you. ■ Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addfessed to: A. Signature X `❑ Agent Addressee B. eceived by ( Printed ame), C DL jegelivery sf •c.e '. /v^, . Aho/ate D. Is delivery address different from item 1? ' 1d7 Yes If YES, enter delivery address below: ❑ No a3 ►^r/At4dc Cronin, Cronstance L. & Daniel G. I 21 Merrimack Street North Andover, MA 01 845 3. service Type ❑ Certified Mail ❑ Express Mail ❑ Registered ❑ Return Receipt for Merchandise — ❑ Insured Mail ❑ C.O.D. 4. Restricted Delivery? (Extra Fee) ❑ Yes 2. Article Number 7002 0860 0006 6867 0158 (transfer from service label) PS Form 3811, August 2001 Domestic Return Receipt 102595-02-M-0835 ■ Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. ■ Print your name and address on the reverse so that we can return the card to you. ■ Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: Shea, Elizabeth & Schriesheim et al 64 Church Street North Andover, MA 01845 A. Signature X3 ❑ Agent B. Received by ( Printed Name) I C. Ddte of Delivery D. Is delivery address different from item 1? ❑ Yes If YES, enter delivery address below: ❑ No 3. Service Type ❑ Certified Mail ❑ Express Mail ❑ Registered ❑ Return Receipt for Merchandise ❑ Insured Mail ❑ C.O.D. 4. Restricted Delivery? (Extra Fee) ❑ Yes 2. Article Number (rransferfrom service label) 7002 0860 0006 6866 9886 PS Form 3811, August 2001 Domestic'Return Receipt 102595-02-M-0835 f ■ Complete items 1, 2, and 3. Also complete A. item 4 if Restricted Delivery is desired. X ■ Print your name and address on the reverse so that we can return the card to you. B6 ■ Attach this card to the back of the mailpiece, i or on thg front if space permits. 1. Article Aldressed to: Murphy, James M. & Judith Ann ,��'j�rl`Church Street North Andover, MA 01845 ❑ Agent %r✓ u ❑ Addressee by (Printed Name) 1 1 C. Date of Delivery D. Is delivery address different from item 1? ❑ Yes If YES, enter delivery address below: ❑ No ,•�';,fG�n �I 3', ;Service Te �O CertifiMail ❑ Express Mail ❑ Registered ❑ Return Receipt for Merchandise ❑ Insured Mail ❑ C.O.D. 4. Restricted Delivery? (Extra Fee) ❑ Yes 2. Article Number (Transfer from service label) : I i: l: _ i:•, .,;, 7. Q 2 p 8 6 0. O a Q 6 6,866 9770 PS Form 3811, August 2001 Domestic Return Receipt 102595-02-M-0835 ■ Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. ■ Print your name and address on the reverse so that we can return the card to you. ■ Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: Drover, Daniel & Joanne 126 High Street North Andover, MA 01845 A.Signat re X ❑ Agent ❑ Addressee B. Re ed by (Printed Name) C. Date of Delivery D. Is de ivery address different from item 1? ❑ Yes -If-YES,.enter delivery address below: ❑ No � � r4 � O �. u � 3. Service Typ / 110 ti ' � 1 ❑ Express Mail r ❑ Return Receipt for Merchandise ❑ 7nnsured Mail 1:1 C.O.D_ 4. Restricted Delivery? (Extra Fee) ❑ Yes 2. Article 7002 0860 0006 6866 9961 (transfer from service label) PS Form 3811, August 2001Domestic Return 'Receipt 102595-02-M-0835 ■ Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. N Print your name and address on the reverse, sothat we can return the card to you. ■ Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: Enaire, Leonard R. & Barbara L. 14 Prescott Street North Andover, MA 01845 A. Signa ure �� X 5 Agent ❑ Addressee B. Received by (Printed Name) C. Date of Delivery IN 2 S.delivery address different from item 1? C1 Yes If YES, enter delivery address below: ❑ No 3. Service Type ❑ Certified Mail ❑ Express Mail ❑ Registered ❑ Return Receipt for Merchandise ❑ Insured Mail ❑ C.O.D. 4. Restricted Delivery? (Extra Fee) ❑ yPs 2. Article Number - (Transfer from service label) 7002 0860 0006 6866 9756 PS Form 3811, August 2001 Domestic Return Receipt ^102595-02-M-0835 fi Complete items 1, 2, and 3. Also complete A. Signat 4 if Restricted Delivery is desired. L,e�)Item -0 Agent X ■ Print your name and address on the reverse %" �L�� ❑ Addressee so that we can return the card to you. B. Received by Vrinted Name)C. Date of Delivery 8 Attach this card to the back of the mailpiece, or on the front if space permits. OR D. Is delivery address dfffedntjt&m i m 1? ❑ jYes . 1. Article Addressed to: If YES, enter delivery d ess ❑'No Q Kaildrut.T994 Revocable `[rust 1i Stanlev Kandrut Trustee o 63 Thorndike Road 3. Service Type North Andover, MA_ 01 845 ❑ Certified Mail ❑ Express Mail ❑ Registered ❑ Return Receipt for Merchandise ❑ Insured Mail ❑ C.O.D. 4. Restricted Delivery? (Extra Fee) ❑ Yes 2. Article Number 7002 0860 0006 6866 9985 (Transfer from service label) PS Form 3811, August 2001 Domestic Return Receipt 102595-02-M-0835 ■ Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. ■ Print your name and address on the reverse so that we can return the card to you. ■ Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article!Addressed to: Wiiidle Realty Trust Leonard & Mary Windle Trustees 118 High Street North Andover, MA 01845 A. Sig a X❑Agent G�C Addressee B. Received y (Printed a e) C. D to of Delivery I�nn� W;njl� 8 107-- D. Is delivery address different from item 1? ❑ Yes If YES, enter delivery address below: ❑ No 3. Service Type ❑ Certified Mail ❑ Express Mail ❑ Registered ❑ Return Receipt for Merchandise ❑ Insured Mail ❑ C.O.D. 4. Restricted Delivery? (Extra Fee) ❑ Yes 2. Article Number 7002 0860 0006 6866 9916 (Transfer from service label) PS Form 3811, August 2001 Domestic Return Receipt 102595-02-M-0835 4. r � r; T • 1. 1 i t 1p �1 . .' bo Mjl LU S � W ;iClNl1 a • -. -$_ slv�ddv j0 a�jdOg. . LL) P Ion Lu r,<'A I h-1i 11�10 , 2 U Cd 0 r-4 v ro tz c Er cA 0 I V-, — rD .0 p rD I V-, — ro cn "t nj fit00 ol r Nj u m Er co it x -0 co -0 ..n M ED M M —0 CO ru M M r— rD rD M 0 C3 C3 CO M ru C:3 M fti ro cn "t nj fit00 ol r Nj u m Er co it x -0 co -0 ..n M ED M M —0 CO ru M M r— BOARD ()r-- A;'P-EAL�": Tiy ti C, r) rj ARTICLE III HEARINGS Sec. 1 QUORUM A quorum of the Board shall consist of four (4) members. 1. When a continued meeting is necessary, only members hearing the initial evidence and subsequent evidence may vote. 2. Petitions under advisement shall have only members hearing the initial evidence voting. 3. In the absence of a voting Board member at subsequent meetings,an associate member may vote if that associate has heard all the evidence of all the meetings for the petition being acted, on. 4. All Board members and Associate Board members, voting and non-voting, may participate in all hearings: Public Hearings, Continued Meeting Hearings, and Under Advisement Hearings. They need not have heard all the evidence from previous Continued Meetings or Under Advisement Hearings in order to participate. However, only Board members and Associate Board members who have heard ALL the evidence may vote. The un -excused absence of a regular member from four or more consecutive regular monthly meetings of the "Zoning Board of Appeals", shall serve as reason to vacate the office. When such a vacancy has been created, the chairperson shall advise the appointive authority forthwith, who shall fill the vacancy within thirty days from associate members presently serving on the Board. The appointing authority will then replace this associate member as soon as possible. Sec. 2 NOTICE OF HEARINGS Notice of hearings shall be advertised as required by the provisions of General Laws, Chapter 40A. In addition, a copy of the advertised notice shall be sent by certified mail at least 10 days prior to the date of the hearing, postage paid for/and personally sent by the applicant, proof of mailing must be submitted by the applicant to the ZBA Secretary. One set of pre -addressed mailing labels . . supplied by the applicant to mail decisions to all abutters is to be supplied to the ZBA Secretary. Legal Notices and Decisions will be mailed to the owners of all property deemed by the assessors list as they appear on the most recent local assessor's certified tax list also to the Board of Planning and Development and to the Building Commissioner. Sec 3 HEARINGS TO BE PUBLIC Hearings shall be held in the Town Office Building facilities or other designated site and shall be open to the public. Sec. 4 PARTIES MAY BE REPRESENTED The applicant may appear in his/her own behalf, or be represented by an agent or attorney at said hearing. In the absence of any representative, on behalf of an applicant, the Board will proceed to dispose of the matter on the record before them. *ADDENDUM: With the advancement of technology, both present and future, said companies associated with these advanced technologies will be required to provide expert engineering advice and such experts should be obtained at the applicant's expense per G L Chapter 44, & 53G_ Page 8 of 12 M1/Bible2001/11-12-02 Town of North Andover Massachusetts ZONING BOARD OF APPEALS William J. Sullivan, Chairman Walter'F. Soule, Vice -Chairman Robert P. Ford, Clerk John M. Pallone Scott A. Karpinski ASSOCIATE BOARD NEbIDERS Ellen P. McIntyre George M. Earley Joseph D. LaGrasse RULES AND REGULATIONS The foregoing rules and Zoning Board of Appeals Tuesday evening, April 10, 2002. Page 1 of 12 M1/Bible2001/11-12-02 regulations were unanimously adopted by the at its regularly scheduled monthly meeting, 2001, Amended Tuesday evening November 11, 12/17/2002 15:55 FAX 978 975 2968 SCHNEIDER MFG a 001 North Andover Zoning Board North Andover, Ma 01845 Attn: Ms. Michelle Glennon Dear Ms_ Glennon, Please accept this letter as confirmation for Schneider Automation, Inc- formal address of 1 High Street North Andover, Ma 01845. This address represents a composite of building structures with specific identifications numbers located on the exterior of each building. However, these identification numbers do not represent the mailing address of each building, rather a unique identifier to direct visitors and emergency personnel through out the site. Traveling down High Street towards Sutton Street with Water Street behind, you will pass on your left in unison the following Schneider Automation, Inc. complex buildings: 1. Building 7 2. Building 6- 3. 3. Building 5 4. Building 36 5. Building 14 I hope this clarifies any confusion you may have had regarding the layoutand address for the Schneider Automation, Inc_ operation. If you should have any questions comments or concerns please feel free to contact me at (978) 975-9572. Sin ely, Thomas A Palmer Director of Facilities Merlin Gerin-' Modicon� i', Squtre.D - � E C E I_�=1f����ecan�que 2002U BOARD APPEALS Schneider Automation Inc_ One High Street North Andover, MA 01845-2699 Tel. 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J. ♦. I'w NIP 411"16A — rN 77 P ti �IV j�, 0 OJ2 0 c3Mobl"lee September 5, 2002 Town of North Andover Zoning Board of Appeals 27 Charles Street North Andover, MA 01845 RE: Application for Dimensional Variance by Omnipoint Holdings, Inc. Dear Members of the Board: Pursuant to an application for a dimensional variance (specifically, Section 8.9,3(c),v(1) which requires a 600 foot setback for wireless devices and antenna from property lines which are zoned for, or contain, residential or educational uses) filed by Omnipoint Holdings, Inc. on July 26, 2002 relative to a wireless installation on an industrial smokestack at 1 High Street in North Andover, Massachusetts, please find enclosed additional supplemental information for submission into the public record. 4 In the first instance, please find a report prepared on August 30, 2002 by Donald L. Haes, Jr., Ph.D., CHP—an expert in the field of Radiation Safety—on the proposed installation's radio, frequency emissions. The purpose of this report is to provide the Board with detailed calculations and information on the project's environmental (radio frequency) characteristics as they relate both to national FCC and local DPH standards. As the report concludes, "....there could be over 3,000 similar additional installations at this location, and still be within State and Federal limits for RF exposure. " In the second instance, please find a set of photographic simulations to illustrate .the aesthetic impact the proposed installation will have from major public ways surrounding l High Street' Specifically, simulations have been provided from locations at Church, Water, Merrimac, Main and High Streets. Again, the proposed installation will consist of three panel antenna flush mounted at a height of 85 feet (antenna centerline), which will be painted to match the smokestack's existing brick masonry material. The result, as demonstrated by the photographic simulations, is an installation which is camouflaged to blend well with the existing structure.' I look forward to meeting with you next Tuesday, September 10 to answer any specific questions related to the application, and how it meets both the Town and State variance criteria. r With regards, � Z Paul Gascoigne Agent for Applicant 508-277-5740 Enclosures: Eight (8) copies of RF Report and Photo Simulations Main: (401) 588-5600 D Fax: (401) 588-5658 OSEP9 50 Vision Boulevard w` East Providence, RI 02914 202 BOARD OF APPEALS Donald L. Haes, Jr., Ph.D., CHP Radiation Safety Specialist Voice: 603 883=6129 Fax: 603-883-6134 Email: haes@tems.com August 30, 2002 Permitting Boards N. Andover, MA - Re: Proposed installation of personal wireless services antennas on an existing smokestack in N. Andover, MA by VoiceStream Wireless. PURPOSE I have reviewed the information pertinent to the proposed installation at the above location. In order to determine regulatory compliance, theoretical calculations of maximal radio-frequency (RF) fields have been prepared. The physical conditions are that VoiceStream Wireless antennas would be mounted at approximately 85 feet centerline above ground level [AGL] on an existing smokestack. The calculated values of power density are presented as a percent of current Maximum Permissible Exposures [%MPE] as adopted by the Federal Communications Commission [FCC] i,z, and those established by the Massachusetts Department of Public Health [MDPH] 3 (With 100% signifying an acceptable amount). SUMMARY The theoretical RF field calculations indicate a maximal potential increase above ambient RF levels at six feet above ground level to be less than three tenths of a microwatt ( a "microwatt"is a millionth of a watt) per square centimeter ( 0.3 µW/cm2). This corresponds to less than 0.03% of the current State and Federal MPEs from the personal wireless services antennas. This result means that there could be over 3,000 similar additional installations at this location, and still be within State and Federal limits for RF exposure. Based on my extensive experience with personal wireless services facilities, and the theoretical RF fields I have calculated, it is my expert opinion that this facility will comply with all regulatory limits for RF exposure to members of the public. N � C E N X SEP 9 - 2002 BOARD OF APPEALS 427 Amherst Street, Unit #11 Nashua, NH 03063 RF EXPOSURE LIMITS AND GUIDELINES Currently there are many RF exposure guidelines throughout the world. The RF exposure limits adopted by the FCC are a combination of the standards published by the American National Standards Institute (ANSI) a and the National Council on Radiation Protection and Measurement (NCRP) 5. Also applicable are those published by the Massachusetts Department of Public Health [MDPH] 3 . At frequencies licensed to personal wireless services providers by the FCC, the values of the aforementioned standards are analogous. The RF exposure limits are divided into two categories: "Controlled/Occupational areas" (those areas restricted to access by RF workers only) and "Uncontrolled/Public Areas" (those areas unrestricted for public access). Listed in Table I below are the applicable RF exposure limits for uncontrolled areas as they pertain to the operating frequency bands of the personal wireless services facility industry. Table I: Maximum Permissible Exposures in Uncontrolled/Public Areas For Emissions from Personal Wireless Services Facilities Frequency Bands Maximum Permissible Exposures ` 300 - 1500 MHz f / 1.5 in µW/cm2 1500 - 100,000 MHz 1000 µW/cm2 Note: 1 mW = 1000 µW = 0.001 W ` For equivalent plane -wave power density, where f is the frequency in MHz. 427 Amherst Street, Unit #11 Nashua, NH 03063 Page -2- THEORETICAL :RF FIELD CALCULATIONS - GROUND LEVELS These calculations are based on what are called "worst-case" estimates. That is, the estimates assume 100% use of all transmitters simultaneously. Additionally, the calculations make the assumption that the surrounding area is a flat plain. The resultant values are thus conservative in that they over predict actual resultant power densities. 6 The calculations are based on the following information: 1. Effective Radiated Power [ERP]. 2. Antenna height (centerline, above ground level [AGL]). 3. Antenna vertical radiation patterns; the source of the negative gain [G] values. "Directional" antennas are designed to focus the RF signal, resulting in "patterns" of signal loss and gain. Antenna vertical radiation patterns display the loss of signal strength relative to the direction of propagation due to elevation angle changes. The gain is expressed as "G E,, . Note: G is a unitless factor usually expressed in decibels [dB]; where G = 10 ('Bl'01 For example: for G = 3, dB = 10 (3"0) = 2; for G = -3, dB = 10 t_3"01 = 0.5. To determine the magnitude of the RF field, the power density [S] from an isotropic RF source is calculated, making use of the power density formula:' S= P • G Where: P -4 Power to antenna (watts) 4 TL R2 G Gain of antenna R - ► Distance (range) from antenna source to point of intersection with the ground (feet) R2= (Height)2 + (Horizontal distance)2 Since P • G = EIRP (Effective Isotropic Radiated Power) for broadcast antennas, the equation can be presented in the following form: S = EIRP 4TCR2 In the situation of off -axis power density calculations, apply the negative elevation gain [G E] value from the vertical radiation patterns with the following formula: S= EIRP•GE 4 TC R2 427 Amherst Street, Unit #I I Nashua, NH 03063 Page -3- Ground reflections may add in phase with the direct wave, and essentially double the electric field intensity. Because power density is' proportional to the square of the electric field, the power density may quadruple, that is, increased by a factor of 4. Since ERP is routinely used, it is necessary to convert ERP into EIRP; this is readily done by multiplying the ERP by the factor of 1.64, which is the gain of a half -wave dipole relative to an isotropic radiator. - Therefore, downrange power density estimates can be calculated by using the formula: S=4• [ERP •1.641• GE=ERP•1.64• GE=0.522•ERP • GE 4 1L R2 R R2 R2 The theoretical power density calculations are listed in Table II for each three degree increment of depression angle (90° being straight down at the base of the smokestack, and 0° being straight out from the antenna). The values have been calculated for a height of six feet above ground level in accordance with regulatory rational. The theoretical power density calculations for the proposed installation are depicted in Figure 1 plotted against linear distance from the base of the smokestack. In addition, and depicted for reference only, values have been plotted for a height of 16 feet above ground level for comparison with a typical two-story structure. To calculate the % MPE, use is made of the formula: % MPE= S 100 MPE The theoretical percent Maximum Permissible Exposure calculations for the personal wireless services facility are also listed in Table II for the same angle and height conditions. The theoretical percent Maximum Permissible Exposure calculations for the proposed installation are similarly depicted in Figure 2. A logarithmic scale is used to plot the calculated theoretical %MPE values in order to compare with the MPE of 100%, which is so much larger that it would be off the page in a linear plot. From a purely isotopic RF source, the % MPE curve would demonstrate a straight-line on the log -linear plot; as shown at distances beyond about one thousand feet. Within about one thousand feet, the curve is variable due to the application of the vertical radiation patterns. 427 Amherst Street, Unit #11 Nashua, NH 03063 Page -4- 427 Amherst Street, Unit #11 Nashua, NH 03063 Page -5- Table II: Theoretical RF Field Calculations for the Proposed VoiceStream Wireless Contribution Smokestack, N. Andover, MA ERP = 1280 Watts (maximum, per sector) @ f= 1945-1950, 1965-1970 MHz EMS RR-65-19-02 Antenna (typical), Height = 85 feet [AGL, centerline] General Population MPE = 1000 µW/cm2 @ f > 1500 MHz Depression Angle Gain Distance [R] (degrees) (0) (feet) Power Density ([,W/CM2) @ 6' AGL Percent MPE 6' AGL -90 -40:0 0 0.01152 0.0012% -87 -40.0 4 0.01149 0.0011% -84 -39.6 8 0.01250 0.0012% -81 -37.4 13 0.02046 0.0020% -78 -36.2 17 0.02645 0.0026% -75 -36.2 21 0.02579 0.0026% -72 -33.6 26 0.04550 0.0045% -69 -40.0 30 0.01004 0.0010% -66 -40.0 35 0.00962 0.0010% -63 -31.8 40 0.06044 0.0060% -60 -28.2 46 0.13082 0.0131% -57 -28.8 51 0.10685 0.0107% -54 -40.0 57 0.00754 0.0008% -51 -35.1 64 0.02151 0.0022% -48 -37.4 71 0.01158 0.0012% -45 -26.8 79 0.12038 0.0120% -42 -22.9 88 0.26462 0.0265% -39 -27.5 98 0.08116 0.0081% -36 -34.8 109 0.01318 0.0013% -33 -39.1 122 0.00421 0.0004% -30 -22.7 137 0.15472 0.0155% -27 -22.0 155 0.14986 0.0150% -24 -25.0 177 0.06029 0.0060% -21 -20.8 206 0.12310 0.0123% -18 -25.9 243 0.02829 0.0028% -15 -22.1 295 0.04760 0.0048% -12 -21.9 372 0.03216 0.0032% -9 -26.4 499 0.00646 0.0006% -6 -13.3 752 0.05889 0.0059% -3 -21.7 1507 0.00213 0.0002% 0 0 0 0% 427 Amherst Street, Unit #11 Nashua, NH 03063 Page -5- O O0 (Zuia/App) f4pua(laamod mnmixeN 0 0 0 0 0 0 0 0 0 N O O O O A 6 0 0 0 0 0 O E i' Y M C O a O O O { r-1 a rl 5 Yi a 0 0 0 0 0 O :4dW juaajad uinuiixuw Fla S C O a O O O C r-1 :4dW juaajad uinuiixuw Fla S Donald L. Haes, Jr., Ph.D., CHP Radiation Safety Specialist Voice: (603) 883-6129 Fax: (603) 883-6134 Email: haes@tems.com STATEMENT OF CERTIFICATION 1. I certify to the best of my knowledge and belief, the statements of fact contained in this report are true and correct. 2. The reported analyses, opinions, and conclusions are limited only by the reported assumptions and limiting conditions, and are personal, unbiased professional analyses, opinions and conclusions. 3. I have no present or prospective interest in the property that is the subject of this report and I have no personal interest or bias with respect to the parties involved. 4. My compensation is not contingent upon the reporting of a predetermined energy level or direction in energy level that favors the cause of the client, the amount of energy level estimate, the attainment of a stipulated result, or the occurrence of a subsequent event. 5. This assignment was not based on a requested minimum environmental energy level or specific power density. 6. My compensation is not contingent on an action - or even resulting from the analyses, opinions, or conclusions in, or the use of, this report. 7. The consultant has accepted this assessment assignment having the knowledge and experience necessary to complete the assignment competently. 8. My analyses, opinions, and conclusions were developed and this report has been prepared, in conformity with the American Board'of Health Physics [ABHP] statement of standards of professional responsibility for Certified Health Physicist. L. Haes, Jr., Ph.D. Certified Health Physicist August 30, 2002 Date 427 Amherst Street, Unit #11 Nashua, NH 03063 Page -9- CONCLUSION The theoretical RF field calculations indicate a maximal potential increase above ambient RF levels at six feet above ground level to be less than three tenths of a microwatt ( a "microwatt"is a millionth of a watt) per square centimeter ( 0.3 µW/cm2). This corresponds to less than 0.03% of the current State and Federal MPEs from the personal wireless services antennas. This result means that there could be over 3,000 similar additional installations at this location, and still be within State and Federal limits for RF exposure. The number and duration of calls passing through personal wireless services facilities cannot be accurately predicted. Thus, in order to estimate the highest RF fields possible from operation of these installations, the maximal amount of usage was considered. Even in this so-called "worst case," the resultant increase in RF field levels are far below established levels considered safe. Based on my extensive experience with personal wireless services facilities, and the theoretical RF fields I have calculated, it is my expert opinion that this facility will comply with all regulatory limits for RF exposure to members of the public. Feel free to contact me if you have any questions. Qllr%. Certified Health Physicist 427 Amherst Street, Unit #11 Nashua, NH 03063 Page -8- ,' r ENDNOTES 1. Federal Register, Federal Communications Commission Rules; Radiofrequency radiation; environmental effects evaluation guidelines Volume 1, No. 153,41006-41199, August 7, 1996. [47 CFR Part 1; Federal Communications Commission]. 2. Telecommunications Act of 1996, 47 USC; Second Session of the 104`'`' Congress of the United States of America, January 3, 1996. 3 .105 CMR 122.000: Massachusetts Department of Public Health, Non -Ionizing Radiation Limits for: The General Public from Non -Occupational Exposure to Electromagnetic Fields, Employees from Occupational Exposure to Electromagnetic Fields, and Exposure from Microwave Ovens. 4. ANSUIEEE C95.1-1999: American National Standard, Safety levels with respect to human exposure to radiofrequency electromagnetic fields, from 3 KHz to 300 GHz. 5. National Council on Radiation Protection and Measurements (NCRP); Biological Effects and Exposure Criteria for Radiofrequency Electromagnetic Fields, NCRP Report 86, 1986. 6. Petersen RC and Testagrossa PA: Radio -Frequency Electromagnetic Fields Associated With Cellular -Radio Cell -Site Antennas. Bioelectromagnetics, 13: 527-542; 1992. 7.OET Bulletin 65: Federal Communications Commission Office of Engineering and Technology, Evaluating Compliance with FCC Guidelines for Human Exposure to Radiofrequency Electromagnetic Fields; Edition 97-01, August 1999. 427 Amherst Street, Unit #11 Nashua, NH 03063 Page -10- Legal Notice North Andover Board of Appeals Notice is hereby given that the Board of Appeals will hold a public hearing at the Senior Center, 120R. Main Street, North Andover, MA on Tuesday the 100' of September, 2002 at 7:30 PM to all parties interested in the appeal of Omnipoint Holdings, Inc., 50 Vision Blvd., E. Providence, RI 02914, for premises affected at 1 High Street, North Andover, MA requesting a Variance from Section 8.9, Paragraph 8.93(c)(v)(1) for relief from the 600 foot minimum setback requirement from the property line of properties which are either zoned for, or contain residential and/or educational uses of any types. Said premises affected is property with frontage on the west side of High Street within the Industrial S (I -S) zoning district. Plans are available for review at the office of the Building Department, 27 Charles Street, North Andover, MA; Monday through Thursday during the hours of 9:00 AM to 2:00 PM. By order of the Board of Appeals William J. Sullivan, Chairman Published in the Lawrence Eagle -Tribune on Januar,tu�st.& Se7h-trber 2, 2002. Legalnotice2002-040 ffuc ll6t411 TELECOMM CORP. Certified Solutions Provider Voice, Data, Video and Fiber Optics 1 a '�)l ./U ® I C �e �- �,,. L/ 5�000 AC vQ a�la�c OAA P.O. Box 1330 17 Batchelder Road Seabrook, NH 03874-1330 TEL: (603) 474-3900 FAX: (603) 474-7755 r._ -b= August 29, 2002 Town of North Andover Zoning Board of Appeals 27 Charles Street North Andover, MA 01 845 RE: Guilford Transportation industries, ine. letter to Town of worth Andover f i Dear Members of the Board: Omnipoint Holdings, Inc. (`Applicant") is in receipt of written correspondence from Roland L. Theriault, Vice President -Real Estate, for Guildford Transportation Industries, Inc. dated August 23, 2002. This letter addresses a specific 25' development setback from railroad tracks, as well as addresses projects which involve railroad property crossings. As the site plan submitted with the application demonstrates, the proposed wireless communications facility installation is located approximately six hundred fifty050) feet from the Boston and Maine Corporation railroad property, and will not involve a railroad crossing. As such, the proposed development will in no way have any impact on the setback regulations as outlined in Mr. Theriault's letter. The entire project as proposed will occur entirely on NAM Partners Limited Partnership property, and any subsequent access requirements will be confined to the same parcel, well -removed from the railroad property. If there are any additional questions pertaining to this matter, please contact me directly at 508-277-5740. With regards, Paul Gascoigne Agent for Applicant .,5�'f1If;?�4s ils t -G� ^r r t+.: . .�a� �r �. .. itis d. •_ 724-}!. +17 ai D SLP z ®2002 BOARD OF APPEALS 50Vision Boulevard East Providence, RI 02914 •Iron Horse Park N,nrth Billerica, MA 01862-1681 Telephone: (978) 663-6949 Facsimile: (978) 663-6959 August 23, 2002 Town of North Andover, MA Zoning Board of Appeals 27 Charles Street North Andover, MA 01845 Dear Sir/Madam: Enclosed is a copy of a notice i recently received pertaining to proposed land use in North Andover, MA. Please be advised that Guilford Transportation Industries, Inc. manages real estate matters for several corporations. This response is sent on behalf of the following corporations in reply to your notice which was received on August 23, 2002: " Boston and Maine Corporation; " Maine Central Railroad Company; r. . " Portland Terminal Company; " Springfield Terminal Railway Company; " Hudson River Estates, .Inc.; " Delaware River Estates, Inc.; or " DH Estates, Inc. (formerly Delaware and Hudson Railroad). As you may well be aware, the railroads listed above receive numerous notices on a daily basis. Based upon the limited time frame existing between the date on which the notice is received and the scheduled hearing date, I respectfully request your cooperation regarding this matter. Although the railroads are concerned with each and every notice, there are certain instances which are of particular concern to the railroads. You may be able to advise me if the petition involves land plans showing a crossing of railroad property. Specifically the railroads' concern exists even in the event that your petitioner indicates that it is the holder of a valid railroad crossing. Also, the railroads must be advised if the petition proposes any development within 25' from the centerline of an existing railroad track, even if such development occurs on non -railroad property. As such, petitions for variances from set back requirements can be particularly nn E tCofpgriT FR) AUG 2 6 2002 BOARD OF APPEALS City of North Andover, MA Planning Board October 4, 2000 Page Two Please be advised that this letter should not be construed as a waiver of any other objections which the railroads may have to a proponent's plan. However, the railroads respectfully request your assistance in bringing their attention to any such matters. Thank you for your anticipated cooperation in this regard. Sincerely, Roland L. Theriault, Vice resident - Real Estate RLT/rjs Enclosure D:\DATA\WP\ZONING\MASTERS\MASS\2002\NANDOVER.ZON R° -QU EZZ� ` ANZOT_ � r,4H-iH UAll PV <w rn ... i H C C) - �� fU A C3 Q Qd z�� Q' m m CD O C3 G O cr NO Q' O00 0. C cr .� O ? O C➢ r. 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The dispute is one of several clashes, between homeowners, cell, phone companies and towns dur- ing the last decade, as commum- ties try to juggle residents' health concerns and dealing fairly with the growing and in -demand telecommunications industry. . In Bokford, neighbors are angry over a proposed 1S0 foot cell tower in Boy Scout Park, 500 feet from a property line. The town is reviewing the application. Fournier says North Andover is siding with cell phone companies., "It seems like the Zoning Board is handing out (exceptions to the 600 foot buffer rule) like Hal- loween candy," said Fournier, a nutritionist who lives on Main Street. "This is a violation of the citizens' trust. Laws are enacted to protect the quality of life of cit - MASSACHUSETTS . 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Zoning officials say they are simply doing their job. "That's the nature of the board," said William J. Sullivan, Zoning Board of Appeals chairman:' "We listen to people if they say a law is too restrictive for them, and it's up_ to us to decide if it makes sense. "You have to realize something with technology," he said. "A hun- dred years ago, no one wanted a telephone pole in front of their house. Now we don't even notice them." In ,the case of Omnipoint Inc., which asked permission to attach a foot -long device to a smokestack in the North Andover Mills office complex on High Street, Sullivan said no neighbors appeared at the meeting to complain. He added that a health specialist hired by Omnipoint assured the board there were no health risks: But Fournier said in her court appeal that the town did not notify all the neighbors within the required 300 feet. "The boards ,are listening to a hired hack paid for by the cell tower companies to say that it's safe and they are blowing off our own bylaws," she said, holding a stack'of studies she found on the Internet that say overexposure to microwave radiation can cause cancer, Alzheimer's disease and other health problems. "There's enough scientific evidence to raise a flag.... Until something is proven safe without reasonable doubt, it is the responsibility of the town to protect its citizens." Fournier does not live within 600 feet of the proposed cellular device, but she said she is worried about the precedent that zoning officials are setting. She said she would sell her property and move if a tower were within 600 feet of her home, which has been in the_ family for 70 years. She is passing out fliers to neighbors downtown and in the Old,Town Center„ calling them to meet in November to discuss a plan of attack. Neighbor Cindy L. Allen is also listed as a plaintiff on the court complaint, which was filed Oct. 4. As concerned as Fournier and Allen are about the risks of wire- less devices, federal law prohibits towns from denying microwave cell facilities based on questions of health. The Federal Telecommunica- tions Act of 1996 also prohibits towns from banning towers, although it gives communities lee- way on where they can be placed. This report was prepared by North Andover reporter Shawn Boburg. If -you have questions, comments or material to add on this subject, please feel free to contact him by phone at 946-2000, by mail at 100 Turnpike St., North Andover, MA 01845, or by e-mail at sboburg@eagletribune.corm alloween party opens state park Page 3 '77 77-777 r Vol. 284, No. 104 28 pages 50 cents akus/Staff photo ate for teens Associated Press, a A Jordanian forensic expert dusts for fingerprints on the car of U.S. diplomat Lau- rence Foley, who was shot outside his home in the capital of Amman today. o Republican ' Mitt Romney and Democrat Shannon O'Brien face off in their last televised debate tomorrow before the election Nov 5. By David Olson Staff Writer BOSTON— Duncan the dog is back, as are the laid off workers from Indiana and Kansas City. Appearances by two political superstars loom on the horizon. And the two ELECTION major party candidates will get to spend some quality time q Y alone on the debate stage. Few kind words in race It can only for I Sth Essex seat. Page 3. mean one thing: The battle for gov- ernor has come down to its last full, frenzied week. . A recent Suffolk University poll had Democrat Shannon O'Brien and Republican Alitt Romney in Kaa.z�s k Y � akus/Staff photo ate for teens Associated Press, a A Jordanian forensic expert dusts for fingerprints on the car of U.S. diplomat Lau- rence Foley, who was shot outside his home in the capital of Amman today. o Republican ' Mitt Romney and Democrat Shannon O'Brien face off in their last televised debate tomorrow before the election Nov 5. By David Olson Staff Writer BOSTON— Duncan the dog is back, as are the laid off workers from Indiana and Kansas City. Appearances by two political superstars loom on the horizon. And the two ELECTION major party candidates will get to spend some quality time q Y alone on the debate stage. Few kind words in race It can only for I Sth Essex seat. Page 3. mean one thing: The battle for gov- ernor has come down to its last full, frenzied week. . A recent Suffolk University poll had Democrat Shannon O'Brien and Republican Alitt Romney in WORTH AWDUVER -Neiobo-rs suing over too -close. By Shawn Boburg Staff Writer NORTH ANDOVER — Thea H. Fournier slept easier after her successful campaign two years ago to keep cell towers — and the potential health risk she believes they pose — away from homes. But earlier this month she got an alarming wake-up call: The town has granted exceptions to the voter-appr6ved rule that was supposed to keep towers and microwave devices 600 feet away from homes. i Now Fournier and a group of downtown residents are taking the town to court to dispute zoning officials'recent decision to allow a cell phone company to attach a small, microwave device to a smokestack towering above the dense downtown area. The device would be about 150 feet away from a home. The group says zon- ing officials have granted other exceptions to the law approved at the December 2000 Town Meet- ing —.one for a similar gadget in' Please see TOWERS, Page 2 Ken Yuszkus/Stqffphoto Thea H. Fournier (left) and Cindy L. Allen stand before the North Andover Mills smokestack on High Street. They say the , smokestack is too close to homes to,hold a cell phone device. Tomorrow: Mostly sunny, cold, 450 Eagle -Tribune WMUR weather I forecast, Page 28 INSIDE TODAY Classified 21 Lotteries 2 Comics 27 Movies 16 Day in Campaign IS . Obituaries 20 Dear Abby 16 People 28 Editorial 6 Sound Off 6 Going Like 60 117 Sports 9 Horoscope 27 Television 16 Local News 3 World/Nation S i HOME DELIVERY. (978) 946-2200 NEWS, ADVERTISING: (978) 946-2000 ON THE WEB- www.eagietribune.com 7 97232 8091.8 2 - ... --V - UAX�LIIVLI�u women. O'Brien needs'a strong showing from that constituency to have a chance of winning Nov. S. O'Brien also needs to fend off a challenge for votes from the Green Party's Jill Stein, who clocks in at 3 percent in the latest round of polls, ahead of Libertari- an Carla Howell and independent Barbara Johnson of Andover who each pull around I percent. iduch of Stein's support is thought to come from progressive Democ- rats who see O'Brien as too cen- trist for their tastes. Romney has repeatedly sup- ported Stein, offering the Lexing- ton physician part of his time slot in an AARP forum last week. He also said he would consider debat- ing his Green Party foe later this week, although that seems unlike- ly, staffers said. I This report was prepared by Statehouse reporter David Olson. If you have questions, comments or material to add on this subject, please feel ftee to contact him, by phone at (617) 722-2495, by mail at 100 Turnpike St., North Andover, MA 01845, or by e-mail at dolsongecnnews.com. Political Advertisement Vote.1yes., Far MR u o r *1 d ve; 'Methmei"IR More than 90 IoLl, national and international organizations recognize the public health benefits of community water fluoridation including: Holy Family Hospital & Medical Center: , William L. Lane, President Massachusetts Department of ,Public Health: Howard K. Koh, MI), MPH - iConunissioner. Massachusetts Dental Society American Dentat Association American Medical Association American Hospital Association American Cancer Society Centers for Disease Control (CDC) World Health Organization Paid for by Methuen Citizens for Oral Health JIMA 10arn and 6:30pm � Lecture that �s. Learn how -oiling Type 11 mprehensive Ilectures will cator Patterson will reserve your SS A Discounts available depending on insurance p n APPLICATION for SITE PLAN SPECIAL PERMIT And VARIANCE (dimensional) for a WIRELESS SERVICE FACILITY OMNIPOINT HOLDINGS, INC., a wholly owned subsidiary of VoiceStream Wireless 50 Vision Boulevard East Providence, RI 02914 Applicant Property Location: 1 High Street North Andover, MA Map 54, Parcel I Prepared by: Paul Gascoigne Zoning Representative Omnipoint Holdings, Inc. 50 Vision Boulevard East Providence, RI 02914 Telephone: (508) 277-5740 Facsimile: (401) 588-5658 JUL 4 b ZOO? BOARD OF APPEALS July, 2002 NJ TABLE OF CONTENTS APPLICATION to the PLANNING BOARD for a SITE PLAN SPECIAL PERMIT and to the ZONING BOARD of APPEALS for a VARIANCE (dimensional) for a WIRELESS SERVICE FACILITY TOWN OF NORTH ANDOVER, MA Property located at 1 High Street North Andover, MA Omnipoint Holdings, Inc. ("VoiceStream Wireless") 50 Vision Boulevard, East Providence, RI 02914 Site Plan Special Permit Application Form Tab 1 Supporting Statement Copy of Application Check to Planning Board Variance Application Form Tab 2 Letter of Denial from Building Commissioner Supporting Statement Copy of Application Check to Planning Board Applicable By -Law Sections and Zoning Map Tab 3 RF Propagation Maps and RF Engineer's Affidavit Tab 4 Site Plan Tab 5 Letter from Massachusetts Department of Public Health Tab 6 (New Policy Regarding Radio Frequency Facility Installation Approval) Alternative Sites Analysis Tab 7 Certified Abutters List Tab 8 101 � ���c�� 0 o Town of North Andover Planning Board Please type or print clearly: 1. Petitione Address: Telephone Number: 50,q - M - G140 2. Owners of the Land: Telephone Number: Number of years ow e"K%"4k; 9 0 If applicant is not the owner, please state interest in property: a *G�+ 1.11.1, rl EO 3. Request for a Special Permit under Section �9,9 of the North Andover Zoning Bylaw to Co.,-,K-�i- & Qi a kl ,s '>er oc c ac -11- 4. c 1- 4. Location of Property: S.I•,( oe. , Zoning District: =S it►,a,. ►r; a l Assessors: Map: y Lot # Registry of Deeds: Book #: b3 Page # )q (J; (x.1, -y5 ;5� - MO -1 5. Existing Lot: '>eeP Ia+V Q 5, oKV� Lot Area (Sq. Ft): Building Height: c) �-4 A G L Street Frontage; Side Setbacks: Font Setback: Rear Setback: Floor Area Ration: Lot Coverage: Owner's Signature: Ste, G &,t eJ L64" of Print or type name here: �+WWNA, �►v� �h PROJECT REVIEW FEES Preliminary plan, modification of a Preliminary Plan, Modification of a Definitive Plan, or Modification of a Special Permit shall require the following initial Project Review Fee: Project Size Fee 2-15 lots/units $2,000 16-20 lots/units $3,000 21-25 lots/units $4,250 More than 25 lots/units $5,000 Definitive Plan shall require the following initial Project Review Fee: QProject Size Fee 2-15 lots/units $4,000 16-20 lots/units $6,000 21-25 lots/units $10,000 More than 25 lots/units $12,000 Special Permit shall require the following initial Project Review Fees: Project Size Fee Less than 10,000 square feet $2,000 10,000-30,000 square feet $3,000 30,000-50,000 square feet $4,000 More than 50,000 square feet $5,000 Depending on the complexity of issues presented, additional fees may be required EO 6. Proposed Lot (if applicable): NA OLot Area (Sq.Ft.): Building Height: Street Frontage: Side Setback: Front Setback: Rear Setback: Floor Area Ratio: Lot Coverage: 7. Required Lot (as required by Zoning Bylaw); Lot Area (Sq.Ft.): GO, o0o Building Height: Street Frontage: 150 Side Setback: 2v Front Setback: 1i0 Rear Setback: �o Floor Area Ratio: O. SO : I Lot Coverage: r a 8. Existing Building (if applicable): NA Ground Floor (Sq.Ft.) # of Floors Total Sq. Ft.; Height: Use: Type of Construction: 9. Proposed Building: See, Su:~ww..' gr.J Ground Floor (Sq.Ft.) # of Floors Total Sq. Ft.; Height: Use: Type of Construction: 10. Has there been a previous0a lication for a Special Permit from the Planning Board on these premises? If so, when and for what type of construction? 11. Petitioner and Landowner signature(s): Every application for a Special Permit shall be made on this form which is the official form of the Planning Board. Every application shall be filed with the Town Clerk's Office. It shall be the responsibility of the petitioner to furnish all supporting documentation with this application. The dated copy of this application received by the Town Clerk or Planning Office does not absolve the applicant from this responsibility. The petitioner shall be responsible for all expenses for filing and legal notification. Failure to comply with application requirements, as cited herein and in the Planning Board Rules and Regulations may result in a dismissal by the Planning Board of this application as . plete. p Petitioner's Signature: co -111 Print or type name here: Pau' aSGo,c,„e_ U APR -16-2002 14=42 VOICESTREAM VO) TwolRrL Ms 401 588 5658 P.02/05 Voice Stream Wireless 50 vision Blvd., E. Providence, RI 02914 April 16, 2003 401588.5600 Fax: 401588-5658 -t<<� Attn: Steven K. Smith 900 Chelmstnrd Street Lowell, Ma oissi RE: Letter of Authorintlon to proceed with zoning for proposed wireless facility (Smoke Static Installation) located at 1 Nigh Street, N. Andover, MA (assessor's map * 54, lot A1). Dear Steve: Thank you for disoussing the possibility of locating VoiceStream Wireless, teleeommunloations equipment at the above referenced location. We understand that the permitting and Ieasing process of our negotiations will take time_ Therefore, l would like your permisslon to proceed with the permhUng and engineering portion on the assumption that our negotiations will be successful. All costs associated O with this process will be at "CeSteam's sole expense, regardless of the outcome of our license negotiations. It Is also understood that you reserve the right to give final approval to the location of all equipment to be installed. Please sign in the space provided below and fax to me at (401) 588-5658 at your earliest convenience. A copy of this letter shall be regarded as having the same effect as the original. Thank you for your cooperation and attention to this matter. Sincerely Brian Sullivan Real Estate Specialist AGREED AND ACCE : by: Title: c�✓. r Companr - ODate: � L- 50 Vimion Boulevard - East Providence, RI 02914 (401) 588-560o �0/10 'd VK9 V9V M 'ON XVJ INIOd SSONO IV 31VA Wd 9120 43M ZOOZ-LI-Ndb EO 0 0 0 O 0D V :U0 O z "' z o C7 z D m 0 n ;m n m o MCo � r o°m Z ) C 0 F o o o m A 0 m m GO C) t O 'TI Zoo `r— UQ Q m F z r t o c z n �Dm oNa b m - q 4::1 <0 OCD t� A CD ulZ3m b�w r o Y 2w w N b D O C1 < o Z CI. O p- CD r It- o O a w O o o� 0 g'3 C) O ru O i Ln { � r ru CD 1 SCD �oc(c I O I 0 O N 0 0 0 O 0D p -< :U0 O n= "' z ° n m o MCo o°m Z ) C 0 F o :11m f 0 m m F --i N r— X00 t O 'TI `r— UQ Q m F z r t z n z I -E. 7' ZOD Cpm Z j<my 10=0 Z OWO �Zm �X z D 0 O D m Security Features Included. ly Details on back. W W m O Summary Brief in Support of Application for Special Permit Pursuant to Sections O8.3 and 8.9 of the Town of North Andover Zoning Bylaw Omnipoint Holdings, Inc. (a wholly-owned subsidiary of VoiceStream Wireless, hereafter "Applicant") respectfully submits this Summary Brief in support of its application for a Special Permit and Site Plan Review (as applicable) pursuant to Sections 8.3 and 8.9 of the Town of North Andover Zoning Bylaw, with respect to a proposed Wireless Service Facility ("WSF") consisting of the placement of three panel antennae at a height of approximately 85 feet above ground on a preexistent 90 foot WSF tower at 1 High Street, N. Andover, MA (Assessor's. Map 54, Lot 1), owned by NAM Partners Limited Partnership, and commonly referred to as Schneider Electric (the "Proposed Facility"). Section 8.9: Wireless Service Facilities 3) District Regulations A) Use Regulations Response: The proposed WSF will comply with the requirements of this section. There is a significant existing gap in Applicant's existing coverage network, requiring a WSF in the proposed location to alleviate this gap and provide O adequate service to the public. Pursuant to the terms of this section, the proposed WCF is an allowed use in this district. Additionally, Applicant asserts that the proposed WSF will utilize a preexistent Wireless Service Facility tower, as so defined in Town of North Andover Zoning Bylaw Section 8.9, 2, (z): Wireless Service Facility. B) Location Response: The proposed WSF will be located on a preexistent Wireless Service Facility tower structure, namely a smokestack. There is a wireless microwave dish attached to the top of the existing WSF tower, and an omni -directional (whip) antenna located on the base support building. The proposed installation has been designed to ensure that the integrity of the structure is not compromised. Further, the proposed antennae and co -axial cabling will be painted to match the existing masonry structure of the smokestack, satisfying the requirement that the facility be camouflaged to the greatest extent possible. Please see the attached letter of authorization from the owner of the existing property authorizing the proposed WSF. C) Dimensional Requirements i) Height: Pursuant to this section, "Wireless service facilities may locate Oon a building that is legally non -conforming with respect to height, provided that the facilities do not project above the existing building Oheight." The proposed WSF will not in fact project above the existing building height, fully satisfying the requirements of this section; however, Applicant believes that the existing smokestack is properly classified as a WSF tower, in that it meets the definition of a Wireless Service Facility under Section 8.9, 2 (definitions), z of the zoning ordinance. ii) NA iii) Please see above response affirming that the proposed WSF will not project above the existing building height, and that the existing building is properly classified as a preexistent WSF tower according to the Town of North Andover bylaw. iv) Applicant asserts that the proposed WSF is utilizing a preexistent WSF tower facility, and therefore meets this requirement. (1) The Zoning Bylaw proscribes a 600 foot setback for all wireless devices, antenna and their mounting structures, whether attached to a new or existing structure, as measured from the adjacent property line of properties which are either zoned for, or contain, residential and or educational uses of any types. Applicant is seeking relief from the dimensional requirements of this provision, with the supporting statement attached to and part of this application. (2) The relevant language of this requirement states: "In the event that a preexistent structure is proposed as a mount for a wireless O 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." As stated above (313), the proposed WSF installation will utilize a preexistent Wireless Service Facility tower which presently houses antennae, including an omni- directional antenna and a microwave dish. As shown on the accompanying site plan, the proposed WSF will not extend beyond any existing non -conformity. 4) Design Standards A) Visibility Camouflage Response: The proposed WSF will be painted to blend with the existing masonry of the preexistent Wireless Service Facility tower, and the base electronics unit are set back from the roof of the supporting building structure to limit any observable impact on the building's silhouette. AM B) Lighting and Signage Response: Applicant does not propose to light the WSF, and given its location in a location that it is not accessible for the climbing by the public, no security barrier is required. C) Historic Buildings Response: Applicant respectfully asserts that the proposed WSF is not located on an historic building and is not subject to local historic review/approval. D) Scenic Landscapes and Vistas Response: As stated previously, the proposed WSF will be painted to blend wit the masonry of the existing Wireless Service Facility tower so that it creates no added visual obstruction. E) Environmental Standards Response: The proposed WSF will comply with the requirements of this section, where they are applicable to the application/installation. F) Safety Standards OResponse: The proposed WSF will operate in full compliance with all applicable FCC guidelines. The Applicant will provide stamped plans to the Local Building Inspector prior to commencing construction which will certify that the preexistent Wireless Service Facility tower is capable of accommodating the proposed WSF, or alternatively detailing what modifications will be required so that the construction may safely occur. 5) Application Procedures C) Applicant met with the officer of the SPGA on May 9, 2002 to discuss the filing requirements of this application. D) Application Filing Requirements Response: Applicant is requesting waivers from the following specific provisions of section (ii), based on the specific nature of the proposed installation: Waivers Requsted: Section 8.9, 5 (d) ii, 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. Response: Applicant is not proposing a new ground -mounted WSF, but rather using a preexistent WSF tower. Applicant therefore requests the Planning Board waive this provision. Section 8.9, 5 (d) ii, 5: GPS all equivalent system locating by latitude and longitude wireless service facilities. Response: For the reasons stated above, Applicant requests this requirement be waived. Section 8.9, 5 (d) iii, 3: Tree cover on the subject property and all properties directly abutting the subject property, by dominant species and average height. Response: Given the fact that the proposed WSF is on an existing smokestack in an established, mature industrial district, Applicant requests this requirement be waived. This requirement is typically better suited for new ground -mounted facilities, whereas the proposed WSF will has been designed to blend with an Oexisting structure with an already established visual impact. Section 8.9, 5 (d) iii, 8: Distances, at grade, from the proposed wireless service facility to each building on the vicinity plan. Response: Given the location of the proposed WSF on a large historically established industrial structure, Applicant respectfully requests that this requirement be waived. Section 8.9, 5 (d) iii, 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. Response: Applicant is not proposing a WSF on a new tower, but rather will be utilizing stealth technology to locate antennas on a preexistent industrial WSF smokestack. As such, Applicant believes the requirements of this section can be reasonably waived by the Board, in that the requirements can be reasonably interpreted to apply to new tower facilities which are creating a wholly new visual impact. Section 8.91 5 (d) iv: Sight Lines and Photographs: Response: As stated above, Applicant respectfully requests that this be waived due to the fact that the WSF consists only of the installation of stealth antennas on a preexistent WSF smokestack (see plans). Section 8.9, 5 (d) v, 6: Landscape plan including preexistent trees and shrubs and those proposed to be added, identified by size of specimen at installation and species. Response: Applicant requests a waiver of this requirement. Section 8.9, 5 (d) v, 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. Response: Applicant requests a waiver of this requirement in that a preexistent WSF tower is being utilized, rather than a new ground -mounted WSF tower. Section 8.9, 5 (d) vi: Noise Filing Requirements: Applicant requests a waiver from this requirement. Under the "General Notes" on page Z-2 of Applicant's site plan, detailed specifications regarding the noise emissions levels of the proposed WSF have been provided to the Board. Section 8.3: Site Plan Review Sub -section 8.3 1, c, i/ii: The Applicant requests that the Planning Board waive the Site Plan Review requirement for this application, in that the impacts of the proposed development—namely the installation of a WSF on a preexistent WSF tower—are of such a limited nature as to warrant this request. Alternatively, Applicant formally requests Site Plan Review approval from the Planning Board pursuant to Section 8.3. As part of its submission requirements under Section 8.3, sub -section 5, Applicant request that the following requests for information be waived, as Applicant believes this information is not essential to the Board's proper and thorough review of this application. Specifically, Applicant requests waiver of the following: 1. ii) SURVEY OF LOT/PARCEL: Applicant is proposing to utilizing an existing tower on the subject parcel, and locate its base electronic equipment on the existing base structure itself, with no impact to the underlying ground. Applicant has provided a Oplan based on existing information on file at the Town assessor's records. 2. v) TOPOGRAPHY: Applicant is not proposing to alter the existing footprint of the Oindustrial structure. Furthermore, the site is comprised of a relatively large, flat area. 3. vii) STORMWATER DRAINAGE: Applicant's propose use will not alter the runoff/drainage characteristics of the existing facility, in that it is locating on an already impervious surface. 4. xi) LOCATION OF WETLANDS/NOTICE OF INTENT: Applicant is not required to file a NOI for the proposed project, in that an existing WSF facility is being used, with no disturbance to the underlying ground area, and no associated impacts on wetlands. 5. xii) LOCATION OF WALLS/SIGNS: This requirement is not applicable to this application. 6. xiii) LOCATION OF ROADWAYS/DRIVES: This requirement is not applicable to this application. 7. xiv) OUTDOOR STORAGE/DISPLAY AREAS: This requirement is not applicable to this application. 8. xv) LANDSCAPING PLAN: No landscaping is being proposed as the site will be complying with the visual stealth requirements of the Bylaw. O9. xvi) REFUSE AREAS: There will be no refuse associated with the proposed use. 10. xvii) LIGHTING FACILITIES: No lighting is proposed. 11. xviii) DRAINAGE BASIN STUDY: The proposed use will have no impact on the hydrology at the existing site. 12. xix) TRAFFIC IMPACT STUDY: The proposed use will generate an average of one vehicle trip by a field technician per month. The proposed use will have no appreciable effect on the existing traffic patterns at the site. 13. xxi) UTILITIES: The proposed use will require only electricity and telephone service, which is currently available at the WSF tower. No additional utility services will be utilized. 14. xxii) FISCAL IMPACT: The proposed use will have no impact on public services or infrastructure or property value, in that an existing WSF tower and facility is being utilized. Further, the installation is subject to taxation by local authority. 15. xxiii) COMMUNITY IMPACT: The proposed use will have a positive impact on the community, in that increased wireless communication services will be available to both the citizens and businesses of North Andover, enhancing business and public Osafety functions in the Town. The adherence to the stealth visual requirements of the Zoning Bylaw will ensure that no negative visual impact is caused by the proposed OWSF installation on the existing tower. Section 10.3: Special Permit Sub -section 10.31: Conditions for Approval of Special Permit a) The specific site is an appropriate location for such a use, structure or condition. Response: The proposed location for the WSF is an existing 90 -foot WSF tower, namely a smokestack. This tower presently has a microwave dish located at its top, and an omni -directional (whip) antenna on one of the proximal base structure buildings on the subject parcel. The Town of North Andover Zoning Bylaw, Section 8.9, subsection 3: b (i) states that: 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. O The proposed Wireless Service Facility fully satisfies this requirement, and is an appropriate location for such a use. b) The use as developed will not adversely affect the neighborhood. Response: The use, which will be complying with the stealth requirements of Section 8.9 of the zoning bylaw, will not adversely affect the neighborhood. In fact, by providing enhanced wireless communication services to both the citizens and businesses of the Town, the use will have a positive impact on essential communications in the neighborhood. Further, the proposed use will be located on an existing 90 -foot preexistent WSF tower, with an already established impact on the neighborhood. c) There will be no nuisance or serious hazard to vehicles or pedestrians. Response: The proposed WSF will be securely attached to the preexistent tower, and will pose no nuisance or serious hazard to vehicles or pedestrians. Given the tower's remove from vehicle and pedestrian ways, the existing location will further ensure that no nuisance or hazard will exist. EO O d) Adequate and appropriate facilities will be provided for the proper operation of the proposed use. Response: The proposed use will be utilizing a preexistent WSF tower and base support structure, and the Applicant will ensure that its equipment is properly serviced and maintained. C) The use is in harmony with the general purpose and intent of this Bylaw. Response: The proposed use is in harmony with the general purpose and intent of the Bylaw, in that it is complying with the specific requirements of Section 8.9 of the Bylaw pertaining to Wireless Service Facilities. Further, the proposed use will enhance communications services within the Town, contributing to enhanced public safety and convenience. Conclusion For the foregoing reasons, Applicant respectfully requests the Planning Board grant a favorable approval of this application for Special Permit as expressly authorized under Section 8.9 of the Town of North Andover Zoning Bylaw, and in conformance with Section 704 of the Federal Telecommunications Act of 1996 and Massachusetts General Laws, Section 40A. EN 2� 2 r� 0 Procedure & Requirements For an Application for a Variance Ten (10) copies of the following information must be submitted thirty U days prior to the first public hearing. Failure to submit the required information within the time periods prescribed may result in a dismissal by the Zoning Board of an application as incomplete. The information herein is an abstract of more specific requirements listed in the Zoning Board Rules and Regulations and is not meant to supersede them. Items that are underlined will be completed by the Town. STEP 1: ADMINISTRATOR PERMIT DENIAL: The petitioner applies for a Building Permit and receives a Permit Denial form completed by the Building Commissioner. STEP 2: VARIANCE APPLICATION FORM: Petitioner completes an application form to petition the Board of Appeals for a Variance. All information as required in items 1 through and including 11 shall be completed. Step 3: PLAN PREPARATION: Petitioner submits all of the required plan information as cited in item 10 page 4 of this form. STEP 4: SUBMIT APPLICATION: Petitioner submits one (1) original of all the required information and 10 xerox copies to the ZBA Secretary. The original will be stamped by the Town Clerk certifying the time and date of filing. The remaining ten copies will remain at the office of the Zoning Board of Appeals secretary. STEP 5: LIST OF PARTIES IN INTEREST: Once the petitioner submits all of the required information, the petitioner requests from the Assessors Office a certified list of Parties in Interest (abutters). IMPORTANT PHONE NUMBERS: 978-688-9541 Zoning Board of Appeals Office 978-688-9501 Town Clerk's Office 978-688-9545 Building Department STEP 6: SCHEDULING OF HEARING AND PREPARATION OF LEGAL NOTICE: The Office of the Zoning Board of Appeals schedules the applicant for a hearing date and prepares the legal notice for mailing to the parties in interest (abutters) and for publication in the newspaper. The petitioner is notified that the legal notice has been prepared and the cost of the Party in Interest fee. STEP 7: DELIVERY OF LEGAL NOTICE TO NEWSPAPER/PARTY IN INTEREST FEE: The petitioner picks up the legal notice from the Office of the Zoning Board of Appeals and delivers the legal notice to the local newspaper for publication. STEP 8: PUBLIC HEARING BEFORE THE ZONING BOARD OF APPEALS: The petitioner should appear in his/her behalf, or be represented by an agent or attorney. In the absence of any appearance without due cause on behalf of the petitioner, the Board shall decide on the matter by using the information it has otherwise received. STEP 9: DECISION: After the hearing, a copy of the Board's decision will be sent to all parties in interest. Any appeal of the Board's decision may be made pursuant to Massachusetts General Laws ch. 40A sec. 17, within twenty (20) days after the decision is filed with the Town Clerk. Step 10: RECORDING CERTIFICATE OF DECISION PLANS. The petitioner is responsible for recording certification of the decision and any accompanying plans at the Essex County North Registry of Deeds, Lawrence Massachusetts, and shall complete the Certification of Recording form and forward it to the Zoning Board of Appeals and the Building Department Office. Page 2 of 4 1. Petitioner: Name, address and telephone number: Kolj;'C 5�v�L. ( G Wk'.1("-owned ok 1 J(e 1-110 I -S2q - (�(noo l oq - 2q� 'The petitioner shall be entered on the legal notice and thd decision as entered above. 2. Owners of Land: Name, Address and Telephone number and number of Years Owned Land: hl � Y,�K at ��3 Pk, 1q3 3. Location of Property: a. Street: Zoning District �cS b. Assessors: Idap number SH Lot Number: c. Registry of Deeds: Book Number 11QQ6�, Page Number: I4?, 04. Zoning Sections under which the petition for the Variance is made. Se Or to ld - If a^ 8 'Refer to the Permit Denial and Zoning By -Law Plan Review as 5. Describe the Variance request by commissioner J�`� t ITIL•GneC4 Urie`F MOO I (C r, v -\,r ),-, SQ -&r i, nv G G`{-o—P.vNS.(1nc- ) "The above description shall be used for the purpose of the legal notice And decision. d more detailed description is required pursuant to the Zoning Board Rules and Regulations as cited on page 4 of this application. Failure by the applicant to clearly describe the request may result in a decision that does not address the intent of the applicant. The decision will be limited to the request by the applicant and will not involve additional items not included above. 6a, Difference from Zoning By -Law requirements: Indicate the dimensions that will not meet current Zoning By -Law Requirements. (A and B are in the case of a lot split) f 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 A. % T k 0 ,F Application for a VARIANCE Zoning Board of Appeals 1. Petitioner: Name, address and telephone number: Kolj;'C 5�v�L. ( G Wk'.1("-owned ok 1 J(e 1-110 I -S2q - (�(noo l oq - 2q� 'The petitioner shall be entered on the legal notice and thd decision as entered above. 2. Owners of Land: Name, Address and Telephone number and number of Years Owned Land: hl � Y,�K at ��3 Pk, 1q3 3. Location of Property: a. Street: Zoning District �cS b. Assessors: Idap number SH Lot Number: c. Registry of Deeds: Book Number 11QQ6�, Page Number: I4?, 04. Zoning Sections under which the petition for the Variance is made. Se Or to ld - If a^ 8 'Refer to the Permit Denial and Zoning By -Law Plan Review as 5. Describe the Variance request by commissioner J�`� t ITIL•GneC4 Urie`F MOO I (C r, v -\,r ),-, SQ -&r i, nv G G`{-o—P.vNS.(1nc- ) "The above description shall be used for the purpose of the legal notice And decision. d more detailed description is required pursuant to the Zoning Board Rules and Regulations as cited on page 4 of this application. Failure by the applicant to clearly describe the request may result in a decision that does not address the intent of the applicant. The decision will be limited to the request by the applicant and will not involve additional items not included above. 6a, Difference from Zoning By -Law requirements: Indicate the dimensions that will not meet current Zoning By -Law Requirements. (A and B are in the case of a lot split) f 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 A. % T k 0 ,F Every application for a Variance shall be made on this form which is the official form of the Zoning Board of Appeals. Every application shall be filed with the Town Clerk's Office. It shall be the responsibility of the petitioner to furnish all supporting documentation with this application. The dated copy of this application received by the Town Clerk or the Zoning Board of Appeals does not absolve the applicant from this responsibility. The petitioner shall be responsible for all e s or filing and legal notification. Failure to comply with application requirements, as cited herein and in the Zoning Board Rules and Regulations may r*Vin sy"ssal by the Zoning Board of this application as incomplete. Type above name (s) here roll c. Proposed Lot (S): y_ Lot Area Open Space Percent Lot Frontage Parking Minimum Lot set Back" ��o�oSCj Sq. Ft. Sq. Ft. Coverage Feet Spaces Front Side A Side B Rear o� d. Required Lot: (As required by Zoning By -Law) Lot Area Open Space Percent Lot Frontage Parking Minimum Lot set Back ` Sq. Ft. Coverage Feet Spaces Front Side A SideB Rear (Sq.�Ft. �1 1 Mn I U ► /� J� %'� �T v`0 0 7. a. Existing Buildings: 0 Ground Floor Number of Total Use of Square feet Floors Sq. feet Building* 'Reference Uses from the Zoning ByZaw. State number of units in building. ( �l7 CjVIGr�4 b. Proposed Buildings: Ground Floor Number of Total Use of Fmlp o-Je Square feet Floors Sq. feet Building" `Reference Uses from the Zoning By -Law. State number of units in building. 8. Petitioner and Landowner signature (s): Every application for a Variance shall be made on this form which is the official form of the Zoning Board of Appeals. Every application shall be filed with the Town Clerk's Office. It shall be the responsibility of the petitioner to furnish all supporting documentation with this application. The dated copy of this application received by the Town Clerk or the Zoning Board of Appeals does not absolve the applicant from this responsibility. The petitioner shall be responsible for all e s or filing and legal notification. Failure to comply with application requirements, as cited herein and in the Zoning Board Rules and Regulations may r*Vin sy"ssal by the Zoning Board of this application as incomplete. Type above name (s) here roll PAGE 4OF4 0 �,1 9. WRITTEN DOCUMENTATION Application for a variance must be supported by a legibly written or typed memorandum setting forth in detail all facts relied upon. When requesting a variance from the requirements of MGLA ch. 40A, Sec. 10.4 of the North Andover Zoning By -Law all dimensional requirements shall be clearly identified and factually supported and addressing each of the following points individually is required with this application. C I C ❑C E The particular use proposed for the land or structure. The circumstances relating to soil conditions, shape or topography of such land or structures especially affecting the property for which the variance is sought which do not affect generally the zoning district in which the property is located. Facts which make up the substantial hardship, financial or otherwise, which results from literal enforcement of the applicable zoning restrictions with respect to the land or building for which the variance is sought. Facts relied upon to support a finding that relief sought will be desirable and without substantial detriment to the public good. Facts relied upon to support a finding that relief sought may be given without nullifying or substantially derogating from the intent or purpose of the zoning bylaw. Submit RDA from Conservation Commission when Continuous Buildable Area is applied for in ZBA application. 10. Plan of Land Each application to the Zoning Board of Appeals shall be accompanied by the following described plan. Plans must be submitted with this application to the Town Clerk's Office and ZBA secretary at least thirty (30) days prior to the public hearing before the Zoning Board of Appeals. 10 A. Major Projects Major projects are those which involve one of the following whether existing or proposed: a) five or more parking spaces, b) three or more dwelling units, and c) 2000 square feet or more of building area. Minor projects that are less than the above limits shall require only the plan information as indicated with an asterisks ("). In some cases further information may be required 10 B. Plan Specifications: a) Size of plan: Ten (10 ) copies of a plan not to exceed 11 "x17", preferred scale of 1"=40'. b) Plan prepared by a Registered Professional Engineer and/or Land Surveyor, with a block for five (5) ZBA signatures and date indicated on mylar. VARIANCE 10 C. FEATURES TO BE INDICATED ON PLAN: A. Site Orientation shall include: 1. North point 2. zoning district (s) 3. names of streets 4. wetlands to be shown on plan (if applicable) 5. abutters of property, within 300 foot radius 6. location of buildings on adjacent properties within 50' from applicants proposed structure 7. deed restrictions, easements B. Legend & Graphic Aids: 1. Proposed features in solid lines & outlined in red 2. Existing features to be removed in dashed lines 3. Graphic Scales 4. Date of Plan 5. Title of Plan 6. Names/addresses/phone numbers of the applicant, owner of record, and designer or surveyor. 10 D. FURTHER REQUIREMENTS: Major Projects shall require that in addition to the above features, plans must show detailed utilities, soils, and topographic information. A set of building elevation and interior of building plans shall be required when the application involves new construction/conversion/ and/or a proposed change in use. Elevation plans for minor projects including decks, sheds, & garages shall be included with a side view depicted on the plot plan, which includes a ground level elevation. 11. APPLICATION FILING FEES A. Notification Fees: Applicant is to send by certified mail all legal notices. to all abutters, and then supply proof of mailing to the ZBA secretary. Applicant is to supply stamps (appropriate current postage) for mailing of decisions to all parties in interest as identified in MGLA ch. 40A, sec. 11 as listed on the application. ZBA Secretary will compute number of stamps. B. Applicant is to supply ons (1) set of addressed labels of abutters to ZBA Secretary who will mail decisions to abutters and parties in interest. C. Administrative fee of $50.00 per application. A Variance once granted by the ZBA will lapse in one (1) year if not exercised and a new petition must be submitted. Town of North Andover, Zoning Board of Appeals Parties of Interest / Abutters Listing REQUIREMENT: MGL 40A, Section 11 states in part " Parties in Interest as used in this chapter shall mean the petitioner, abutters, owners of land directly opposite on any public or private street or way, and abutters to abutters within three hundred (300) feet of the property line of the petitioner as they appear on the most recent applicable tax list, notwithstanding that the land of any such owner is located in another city or town, the planning board of the city or town, and the planning board of every abutting city or town." Applicant's property, list by map, parcel, name and address (please print clearly and use black ink.) MAP PARCEL NAME ADDRESS 5 ��•-firs+�n�� �P��u1 MG.Ke-IS ABUTTERS PROPERTIES MAP PARCEL NAME ADDRESS THIS INFORMATION WAS OBTAINED AT THE ASSESSORS OFFICE AND CERTIFIED BY THE ASSESSORS OFFICE BY: 5ea,,\ SIGNATURE DATE I 10L PAGE OF Town of North Andover Office of the Building Department Community Development and Services Division 27 Charles Street 0 North Andover, Massachusetts 01845 D. Robert Nicetta Building Commissioner May 25, 2002 Mr. Paul Gascoigne Real Estate Specialist VoiceStream Wireless 50 Vision Boulevard East Providence, RI 02914 RE: Building Permit Application 1 High Street (Schneider Electric) North Andover, MA Dear Mr. Gascoigne: Telephone (978) 688-9545 Fax (978) 688-9542 I have reviewed the building permit application and submitted drawings as prepared by Edwards And Kelcey, Inc., 95 Cedar Street, Providence, RI 02903 for the referred site and also known as Site Number 4BS-0658-A on the drawings. The building permit is DENIED for the following reasons: 1. The Building Permit Application is incomplete. 2. I am of the opinion that pursuant to Section 8.9 — Wireless Service Facilities, Paragraph 3 — District Regulations, Sub -Paragraph (v) (1), which reads in part "A minimum setback of 600 feet shall be required for all wireless devices, and their mounting structures, whether attached to a new or existing structure, as measured from the adjacent property line of properties which are either zoned for, or contain, residential and or educational uses of any types". Sheet C-1 of the submitted drawings, indicates many residential structures in the 600 feet zone. As such, I am of the opinion that the applicant must petition the North Andover Zoning Board of Appeals (ZBA) a Variance of this setback regulation. This Variance, if granted, by the ZBA, must be in place prior to the application of the Planning Board Special Permit. 3. The Planning Board Special Permit has not been issued and must be in place prior to the issuance of the Building Permit. The application form for the ZBA Variance is available from the Zoning Secretary at 27 Charles Street. If you have any questions please call my office at 978-688-9545. Yours truly, D. Robert Nicetta Building Commissioner / Zoning Officer CC: Heidi Griffin, Director CD&S Clay Mitchell, Interim Town Planner. BOARD OF APPEALS 6880541 BUILDING 688-9545 CONSERVATION 688-9530 HE:I.LTH 688-9540 PLATNTNING 688-9535 Summary Brief in Support of Application for Variance Under Section 10.4 of the I14 O Town of North Andover Zoning Bylaw Voicestream Wireless ("Applicant") respectfully submits this Summary Brief in support of its application for a variance pursuant to Section 10.4, from the dimensional requirement of Section 8.9, 3 (c), v (1) of the Town of North Andover Zoning Bylaw, with respect to a proposed Wireless Service Facility ("WSF") consisting of the placement of three panel antennae at a height of approximately 85 feet above ground on a preexistent 90 foot WSF tower at 1 High Street, N. Andover, MA (Assessor's Map 54, Lot 1), owned by NAM Partners Limited Partnership, and commonly referred to as Schneider Electric (the "Proposed Facility"). The variance request is with respect to the fact that the proposed WSF will be located within 600 feet of the adjacent property line(s) of properties which are either zoned for, or contain, residential and or educational uses of any types, which is the specific distance enumerated in the above-mentioned section of the Bylaw. The subject. parcel is a large established industrial parcel with a large manufacturing facility located on site. The WSF facility includes a 90 foot smokestack situated within a large industrial campus, with an existing microwave dish located on top of the smokestack; additionally, an omnidirectional (whip) antenna is located on one of the proximal existing support buildings at the base of the smokestack. Given these attributes, the Applicant believes this structure meets the definition of a Wireless Service Facility as so defined in the OTown of North Andover Zoning Bylaw, specifically Section 8.9, (2) Z. The subject parcel (assessor's map Number 54, Parcel 1) is classified as Industrial Zone S. Pursuant to discussions and negotiations with NAM Partners Limited Parthership, Applicant has received authorization to submit this application to build a facility on the above-mentioned parcel (see supporting Letter of Authorization). The location of the proposed WSF facility on the lot was dictated by the existing use of the smokestack as a Wireless Service Facility, where Applicant proposes to locate three (3) panel antennae at the necessary height (85' AGL) to fill a significant existing gap in its wireless network coverage. Additionally, given that there are no either preexistent structures which were found satisfactory to eliminate this gap in coverage, this was determined to be the best alternative (least intrusive) proposal given the Town Bylaw's emphasis on the utilization of existing facilities, as opposed to. new ground -mounted WSF tower facilities. Specifically, the Town of North Andover Zoning Bylaw, Section 8.9, subsection 3: b (i) states that: Iffeasible, wireless service facilities shall be located on preexistent structures, including but not limited to buildings or structures, preexistent telecommunications facilities, utilitypoles and towers, and related facilities, provided that such installation preserves the character and integrity of those structures. Therefore, given the location of the preexistent WSF tower on the subject parcel, and the lack of any alternative existing structures suitable for Applicant to eliminate a substantial gap in its network coverage, the location of the proposed WSF is wholly appropriate and suitable, and the variance request herein is a direct result of the location and physical characteristics of the Proposed Facility on the parcel in question. In summary, Applicant's proposed WSF, based on the accompanying site plan, does not meet this 600 foot -setback requirement from adjacent property lines which are zoned for, or contain residential uses. Applicant respectfully requests that this Board grant a variance from the literal provisions of this requirement, which Applicant asserts can be done without derogating from the intent of its Bylaw. Furthermore, by granting a variance from this provision and allowing Applicant to utilize a pre-existent WSF facility, the Town of North Andover will allow Applicant to eliminate a significant gap in its existing network coverage and meet its statutory obligations under Section 704 of the Federal Telecommunications Act of 1996. Applicable Sections of the Zoninz By-laws Section 8.9, 3 (c), v (1) 600 Feet QA minimum setback of 600 feet shall be required for all wireless devices, antenna and their mounting structures, whether attached to a new or existing structure, as measured from the adjacent property line of properties which are either zoned for, or contain, residential and or educational uses of any types. Section 10.4 — Variances and Appeals The Town of North Andover Zoning Bylaw states: The Zoning Board of Appeals shall have power upon appeal to grant variances from the terms of this Zoning Bylaw where the Board finds that owing to circumstances relating to soil conditions, shape, or topography of the land or structures and especially affecting such land or structures but not affecting generally the zoning district in general, a literal enforcement of the provisions of this Bylaw will involve substantial hardship, financial or otherwise, to the petitioner or applicant, and that desirable relief may be granted without substantial detriment to the public good and without nullifying or substantially derogating from the intent or purpose of this Bylaw. There must be special conditions relating to the soil conditions, shape, or topography of the land or structures thereon, and especially affecting the land or structures, but not affecting generally the zoning district in which the land is located. O M.G.L. Ch. 40A, section 10 similarly states: The permit granting authority shall have the power after public hearing for which notice has been given by publication and posting as provided in section eleven and by mailing to all parties in interest to grant upon appeal or upon petition with respect to particular land or structures a variance from the terms of the applicable zoning ordinance or by-law where such permit granting authority specifically finds that owing to circumstances relating to the soil, shape, or topography of such land or structures but not affecting generally the zoning district in which it is located, a literal enforcement of the provisions of the ordinance or by-law would involve substantial hardship, financial, or otherwise, to the petitioner or applicant, and that desirable relief may be granted without substantial detriment to the public good and without nullifying or substantially derogating from the intent or purpose of such ordinance or by-law. The following analysis demonstrates how the above standards are satisfied/met: 1. Special conditions relating to the soil conditions, shape, or topography of the land or structures thereon, and especially affecting the land or structures, but not affecting generally the zoning district in which the land is located. Due to the topography of the land and the location of the parcel in this part of North Andover, the property has unique Radio Frequency characteristics.. The PCS system being developed by Applicant has been designed utilizing sophisticated computer -engineering models, which simultaneously evaluate area topography and population patterns. Combined with actual field data from existing on air facilities, these models are used to identify specific geographic regions to be serviced by each antenna facility in the network. As a result, a limited search area is identified by the radio frequency engineers as the necessary location to site a WSF to ensure complete coverage to all area residents and businesses. The parcel in question meets the limited search characteristics, in that there is a unique structure located thereon (a tower) which will allow Applicant to meet its obligations under the terms of its FCC license obligations and the requirements under the Federal Telecommunications Act of 1996. The existence of a 90 -foot smokestack which serves as a preexistent Wireless Service Facility tower at the proposed site, results in resulting radio frequency propagation characteristics with make this site particularly well- suited for the proposed WSF. Further, there are no other existing structures from which Applicant can fill its gap in coverage. Applicant respectfully submits that the proposed location for the WCF is the only feasible location where the Proposed Facility could be located, and furthermore comply with the Zoning Bylaw's express preference for the use of preexistent structures. If relief is not granted from the provision of the 600 -foot setback, which setback the Applicant feels is in opposition to the requirements of the Federal Telecommunications Act of 1996, substantial hardship will result for the Applicant. 2. Substantial hardship to the Applicant, financial or otherwise, if the provisions of the ordinance or Bylaw were to be literally enforced Without the requested relief, PCS coverage in this area will be inadequate and there will be a significant gap within Applicant's network. The Federal Communications Commissions ("FCC") has issued Applicant a license to provide PCS service in Massachusetts, and it has, through this license, mandated that the Applicant's network be built out within a specific time limit, so that seamless wireless communication service may be provided to the general public at the earliest possible time. Applicant has spent millions of dollars to purchase and maintain its license for the Massachusetts area, not including significant additional funds building the communications network itself. Failure to provide the mandated coverage within the specified time limits under the license can result in financial sanctions being imposed on Applicant by the FCC, or in the most extreme scenario, a loss of the license itself. Without the requested relief, the Proposed Facility cannot be constructed, resulting in the continued existence of a significant gap in QApplicant's network, and consequently the FCC mandate not being met for this license area. All of this would result in substantial financial hardship to Applicant. In addition to the financial hardship to Applicant, additional financial hardship would be incurred by the owner of the property—NAM Partners Limited Partnership, as without the facility no lease payments would be forthcoming. Additionally, without the facility, the Town of North Andover will forego a source of taxable real estate to augment its public revenues. 3. There shall be no substantial detriment to the public good The Proposed Facility will not be detrimental to the public good as the use is passive in nature, producing no smoke, odors, or waste. Once installed, traffic generated by the installation will be minimal, limited to only one or two visits per month on average by maintenance personnel. The proposed facility will consist of three panel antennae located at 85 feet on the existing 90 foot smokestack tower, connected via coaxial cables to base electronic equipment which will be screened from view by the existing structures on the site. The antennae and coaxial cabling will be painted to match the existing masonry structure of the tower, complying with the Zoning Bylaw's requirement for stealth screening, minimizing any resulting visual impact. In sum, given the careful blending of the proposed WSF with the existing smokestack, the visual impact of this facility will be minimized to the maximum extent practicable. The facility will also contribute to the public good as the proposed WCF will provide infrastructure in the form of enhanced communications, to the residents and businesses in North Andover in both day-to-day and emergency situations (please note that the proposed WCF will provide new E-911 capabilities as mandated by the FCC). Finally, Applicant feels it is important to emphasize that the 600 -foot setback requirement, if in any way related to perceived health effects from Wireless Service Facilities, is in direct contradiction to the requirements of the Federal Telecommunications Act of 1996 which specifically precludes environmental (health) effects as a basis for rendering a decision on a permit application for a WSF facility. Therefore, given that the proposed WSF will be located on a preexistent WSF tower as expressly preferred by the Zoning Bylaw, the requested variance may be granted without substantial detriment to the public good. 4. The variance must not nullify or substantially derogate from the intent of purpose of the ordinance or Bylaw. The granting of the requested relief will not substantially derogate from the intent and purpose of the Zoning ByLaw, and in fact it is submitted that the granting of the variance being requested will actually aid in promoting the intent and purpose of the Zoning Bylaw by serving the public good. The proposed facility will be located within an established industrial district, on a preexistent 90 -foot WSF smokestack tower and support structures which is specifically favored as the most preferred location for the Proposed Facility, as set forth in Section 8.9, subsection 3: b (i) of the Zoning Bylaw. In addition, the proposed WSF, which will be painted to match the existing masonry material of the tower, ensures the site will have a minimal visual impact on the citizens of North Andover while allowing the Town of North Andover to meet its obligations under the Federal Telecommunications Act of 1996 by allowing Applicant to eliminate a substantial gap in its network coverage. Conclusion For the foregoing reasons, as well as pursuant to section 704(a) of the Federal Telecommunications Act of 1996 which provides, among other things, that municipalities may not consider perceived health effects in their decisions, prohibit service, or discriminate among providers of communications service, Applicant respectfully requests that the Board of Appeals grant the dimensional variance as requested in the accompanying application and/or such other relief, if any, including additional variance relief deemed necessary by the Board under the current Bylaw and pending Bylaw Oamendments if any, so that Applicant may construct and operate the proposed WSF facility. Applicant respectfully submits that the standards for zoning relief as set forth in the Bylaw as well as M.G.L Ch. 40A must be interpreted and applied such that the decision is issued in conformance with Section 704 of the Federal Telecommunications Act of 1996 in all respects. EO VoiceStream Wireless Comoration ivoice Number 07/03/02 4BS0658A VAR APP FEE 1314871 No. MI9217 50.00 r Bank ,Of anerica No13 1 1 z�sg ec Bank Of America Customer Connection Bank,Of Amenca N.A. 64-1278 e7tewe, LVA 980m:klatigta Dekalb County C,eorgia fi 1 {a2s13���000 ._. CFfC kC Nl_M1BtR CHECK DATE i 314871 ------------ 07/0.8/02 X046001245 AND XX / 100 US DOLLAR**** PAftO 3'Nf ORDI R' OF $50 00*** y, NORTH NDOVER,'TOWN A7=CHARLES s 2STREET BY MP �. NOATHANDO,.VER, M- A 01845 `> — -- 6'MONTHS ' BY --- -- MP' z . i ":4" '<, 13 1.48?.1n• x.06 i�312r"814'29 996 - . .. I m Eo I�T�c�� O I- t the interior where the same may be seen through glass or other like transparent material any sexually explicit figures or words as defined in M.G.L. Sec. 31 Ch. 272. 7. Application information: The application for a special permit for an adult use establishment must include the following information: a) Name and address of the legal owner of the establishment, and of the legal owner of the property; w b) Name and address of all persons having lawful equity or security interests in the establishment; C) Name and address of the manager, d) Number of employees; e) Proposed provisions for security within and without the establishment; f) The physical layout of the interior of the establishment. 8. Special Permit Granting Authority: The Zoning Board of Appeals shall be the Special Permit Granting Authority. 9. No adult use special permit shall be issued to any person convicted of violating the provisions of MGL Ch. 119, Sec. 63, or MGL Ch. 272, Sec. 28. 10. An adult use special permit shall only be issued following a public hearing held within sixty-five (65) days after the filing of an application with the special permit granting authority, a copy of which shall forthwith be given to the Town Clerk by the applicant. 11. Special permits for adult uses shall be granted only upon the determination by the Special Permit Granting Authority that the location and design of the facility are in harmony with its surroundings, and that adequate safeguards exist through licensing or other means to assure on a continuing basis that activities therein will not be patently contrary to prevailing standards of adults in the community and will not involve minors in any way. 12. Any section of this by-law, or portion thereof, declared invalid shall not affect the validity or application of the remainder of the by-law. (Section 8.8 created and approved May 6, 1996 Annual Town Meeting, Article 22) Section 8.9 Wireless Service Facilities 131 O1) 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, 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 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. O2) 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. f) Co -location. The use of a single mount on the ground by more than one carrier (vertical co -location) and/or several mounts on a preexistent building by more than one carrier. 132 Pfl Og) 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 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. 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. 0o) 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. s) Panel Antenna. A flat surface antenna usually developed in multiples. t) PCS. Communications Services. These are broadband radiowave systems that operate at a radio frequency in the 1850 - 1900 megahertz range. 133 Ou) Radiofrequency (RF) Engineer. An engineer specializing in electric or microwave engineering, 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 Environmental Effects of Radiofrequency Radiation (FCC Guidelines) or any other applicable FCC guidelines and regulations. w) Security Barrier. A locked impenetrable wail, 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 O 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. ii) A wireless service facility may locate as of right on any existing guyed tower, lattice 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 134 EO ri O 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) Location: 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 SPGA (Special Permit OGranting Authority) that it is not feasible to locate on a preexistent structure, wireless service iii) 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 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 facility 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 135 Ocompletely 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. 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 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 0 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 "fall zone". A minimum setback of 600 feet shall be required for all wireless devices, antenna and their mounting structures, whether attached to a new or existing structure, as measured from the adjacent property line of properties which are either zoned for, or contain, residential and or educational uses of any types. (2) In the event that a preexistent structure is proposed as a mount for a 136 O 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. 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. Oii) 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 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) 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. (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 137 U 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 shall be total cutoff of all light at the property lines of the parcel to be developed, and foot-candle measurements at the property line shall be 0.0 initial foot-candles when measured at grade. ii) Signs shall be limited to those needed to identify the property and the owner O 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 6; Signs and Outdoor Lighting Regulations of this bylaw. iii) All ground mounted wireless, service facilities shall be surrounded by a security barrier and shall be protected against unauthorized climbing or other access by the public. c) Historic Buildings i) Any wireless service facilities located on or within a historic structure shall not alter the character -defining features, distinctive construction methods, or original historic materials of the building. ii) Any alteration made to a historic structure to accommodate a wireless service facility shall be fully reversible. 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 138 Ovisible 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 facility 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. O 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. f) Safety Standards 101 139 Oi) Radiofrequency Radiation (RFR) Standards. All equipment proposed for a wireless service facility shall be authorized per the FCC Guidelines for Evaluating the Environmental Effects of Radiofrequency Radiation (FCC Guidelines) or any other applicable FCC guidelines and regulations. ii) 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 (SPGR). 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 Permit 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 construction 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 carrier and the owner of the land as an applicant or a co -applicant. 140 L01 (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. ii) 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 Oits 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. 141 (5) 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 Q 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 142 O300 feet. (3) Proposed (after condition) photographs. Each of the preexistent condition photographs shall have the proposed wireless service facility superimposed- on uperimposedon it to show what will be seen from public roads 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 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 (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. O(d) Preexistent trees and shrubs at current height and proposed trees and shrubs at proposed height at time of installation, with approximate elevations dimensioned. (e) Grade changes, or cuts and fills, to be shown as original grade and new grade line, with two -foot contours AMSL. v) Design Filing Requirements (1) Equipment brochures for the proposed wireless service facility such as manufacturer'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 143 M Ofiberglass, 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. (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. (5) 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 runs, 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 Oof 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 (25) 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. NO 144 a O(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 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 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 Radiofrequency 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 CMR 122.000 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 145 EO (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. ix) Waiver. The SPGA 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. 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 O 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 146 O 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: 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 Oa) 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 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(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 SPGA; 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 147 101 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 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 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. ii) Proper disposal of the waste materials from the site in accordance with local Oand 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 SPGA. 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 (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 148 U that the carrier fails to remove the facility, the town shall give notice to the carrier arid 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 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- conforming structure. In making such a determination, the SPGA 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 0 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 SPGA. 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 149 O 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 (1998/36). Section 8.10 Lot/Slope Requirements 1. Lot/Slope Requirements: In the residential zoning districts the following provisions of this Section 8.10 shall apply: a. Purpose: The purpose of this bylaw is to preserve and enhance the landscape by encouraging the maximum retention of natural topographic features, such as drainage swales, streams, slopes, ridge lines, rock outcroppings, vistas, natural plant formations and trees; to minimize water runoff and soil -erosion problems incurred in grading of steep slopes; to encourage innovative architectural, landscaping, circulation and site design. For the purposes of this subsection, the term "natural" shall be defined as the condition of the ground surface as it exists at the time a subdivision or development is proposed including any man-made alterations such as grading, excavation or filling which may have occurred prior to the time such subdivision or development is submitted. No land intended for subdivision or development may be regraded or filled in such manner as to 0 circumvent this bylaw b. Provisions: The provisions of this Subsection 8.10 shall not apply to building lots in a definitive subdivision plan submitted in accordance with M.G.L. Chapter 41 in order to obtain the protections afforded by M.G.L. Chapter 40A, Section 6. C. Defining the Slope: The slope of land at any point, stated as a percentage, shall be defined as the change in elevation over a horizontal distance measured perpendicular to the contours divided by the distance over which the change occurs multiplied by 100. The slope of land at any point, may be stated as a ratio (2:1, 3:1, 4:1, etc.). The first number of the ration indicates the horizontal distance and the second number indicates the vertical rise. d. Undisturbed Slopes: All natural slopes exceeding 33% (3:1) over a horizontal distance of 30 feet as measured perpendicular to the contour on a tract or parcel of land intended or proposed for subdivision or on a building lot are protected and shall remain undisturbed. 150 014. One (1) handicapped parking space shall be provided for every twenty (20) parking spaces provided on site. The handicapped space shall be 12' x 20' and be indicated by a ground mounted sign and pavement markings. 8.2 Automobile Service Stations and Other Automobile Services Automobile service and filling stations, automobile repair shops, body shops and painting shops, tire stores, radiator shops or any of their appurtenances or accessory uses shall not be erected, placed or located within fifty (50) feet of any residence district or residence structure. In addition, the use or structure shall conform to the following requirements (in addition to district requirements): 1. The minimum frontage on a street shall be one hundred and fifty (150) feet. 2. The maximum width of driveways and curb cuts measured at the street lot line or lines shall be thirty (30) or barriers may be interrupted by normal entrances or exits and shall not be required with ten (10) feet of a street lot line. 8.3 Site Plan Review 1. Purpose a) The purpose of this section is to protect the health, safety, convenience and 0 general welfare of the inhabitants of the Town by providing for a review of plans for uses and structures which may have significant impacts, both within the site and in relation to adjacent properties and streets; on pedestrian and vehicular traffic. This review considers the impact on public services and infrastructure; environmental, unique and historic resources; abutting properties; and community character and ambiance. b) This section of the Zoning Bylaw is adopted pursuant to Chapter 40A, Section 9. All Site Plan Review applications submitted under the provisions of this section shall be reviewed by the Planning Board as a Special Permit. c) Sites and developments to which this section applies shall comply with the regulations of this section as well as those other applicable Town Bylaws, or the requirements of the Commonwealth of Massachusetts, prior to any construction being undertaken in the Town of North Andover. 103 101 O2. Developments Which Require Site Plan Review a) Site Plan is required when: i) Any new building(s) or construction which contains more than two thousand (2,000) square feet of gross floor area which is undertaken on land within the Town of North Andover or results in the requirement of five (5) or more new or additional parking spaces; ii) Any construction which results in the addition of more than two thousand (2,000) square feet of gross floor area to an existing structure; or results in the requirement of five (5) or more new or additional parking spaces; iii) Any construction, site improvements, new uses in existing structures or developments which contain new processes not normally associated with the existing use and which result in changes in the potential nuisance to adjacent property; traffic circulation; storm water drainage onto or off of the site; and/or the application of the parking standards of Section 8.1 indicate the need for five (5) or more new or additional parking spaces. Qiv) The construction of any new wireless service facility on a previously permitted facility as set fourth in Section 8.9(3)(a)(ii) Wireless Service Facilities Use Regulations (1998/38). b) The following development(s) are exempt from Site Plan Review: i) Single family dwelling(s) and two family dwelling(s); ii) Small structures or additions which do not exceed two thousand (2,000) square feet of gross floor area and do not require five (5) or more parking spaces. ill) Routine repairs and maintenance that do not exceed the provisions of Section 8.31 C) Waiver of Site Plan Review i) When in the opinion of the Planning Board, the alteration or reconstruction of an existing structure or new use or change in use will not have a significant impact both within the site and in relation to adjacent properties and 104 Ostreets; on pedestrian and vehicular traffic; public services and infrastructure; environmental, unique and historic resources; abutting properties; and community needs, the Planning Board may determine, without a public hearing, that submission of a site plan review application is not required. ii) The applicant must request a waiver from Site Plan Review in writing and may be required to submit supporting documentation that Site Plan Review is not required. The waiver request will be discussed at a regular session of the Planning Board. 3. Site Alteration - Violation of the Bylaw b) No building permit, site clearing, filling, grading, material deliveries or construction shall be initiated on any site which this section applies until Site Plan approval as required by this section is obtained. c) Nothing herein shall be construed, however, to prohibit such clearing or altering as may be necessary for purposes of conducting pre -development studies, such as geotechnical tests, soil borings, wetlands determination, percolation tests for septic systems as required by the Board of Health, or other similar test as required in order to fulfill a requirement of any Town Bylaw or regulations of the Commonwealth. a4. Procedures a) The site plan approved by the Planning Board becomes the official development plan for a site within the Town of North Andover. Town permits are issued or withheld based upon compliance with the approved site plan. The approved site plan is legally binding and can only be changed or adjusted in compliance with the provisions contained in Subsection VIII Revisions to Approved Site Plans. b) Any proposed development meeting any of the criteria set forth in Subsection II Developments which require Site Plan Review, shall be subject to Site Plan Review and submit a Special Permit application to the Planning Board. c) An applicant for site plan review shall file an application form, fee, eight copies of the site plan, and any additional information as may be required (See Subsection V Information Required), with the Planning Department. Once the applicant is deemed complete, the Planning Department will forward the application to the Town Clerk. An application will not be deemed complete until all required information and fees are submitted. The time periods set forth in this Zoning Bylaw and M.G.L. Ch.40A will not start until the application has been deemed complete and submitted to the Town Clerk. 105 O d) The Planning Board shall have the authority to require that the applicant pay for necessary professional services required to adequately review and analyze the contents of any site plan or impact study requested by the Board. 5. Information Required a) Special Permit Application Form, along with any fees as may be set by the Town Bylaw; b) Drawings prepared at a scale of one inch equals forty feet (1 "=40') or larger, or at a scale as approved in advance by the Town Planner. C) All site plans shall be prepared by a certified architect, landscape architect, and/or a civil engineer registered in the Commonwealth of Massachusetts. All landscape plans shall be prepared by a certified landscape architect registered in the Commonwealth of Massachusetts. All building elevations shall be prepared by a certified architect registered in the Commonwealth of Massachusetts. All plans shall be signed and stamped; d) The times for submission of the site plans for review by the Planning Board are specified in Section 10.3 of the Zoning Bylaws (Special Permit Regulations) Oe) The following information must be submitted along with the application: i) NORTH ARROW/LOCATION MAP: A north arrow and a location map showing surrounding roadways and land uses adjacent to the site (1"=1500'). Location Map should show at least one intersection of two existing Town roadways. ii) SURVEY OF LOT/PARCEL: A boundary survey conforming to the requirements of the Essex County Registry of Deeds Office. The survey shall be dated and include any revision made to the survey or site plan. Any change in the survey shall be recorded before site plan approval may be granted. iii) NAME/DESCRIPTION OF PROJECT: The name of the development and the names, addresses and telephone numbers of the project listing tenants, land uses, development phases, or other pertinent information necessary to evaluate the proposed development plan. iv) EASEMENTS/LEGAL CONDITIONS: Identification of easement(s) or legal encumbrances(s) that are related to the sites physical development, and a listing of any condition(s) placed upon the site by 106 O the Board of Appeals, Planning Board, Conservation Commission, or any public body or agency, with the authority to place conditions on the sites development. V) TOPOGRAPHY: The present and proposed topography of the site, utilizing two foot (2') contour intervals. The contours shall extend at least fifty (50') feet beyond the site boundaries by estimation of the professional submitting the plan. vi) ZONING INFORMATION: All applicable Zoning Bylaw information shall be provided regarding the site's development. This information shall be placed in a table and list all parking, setbacks, percent of lot coverage, floor -area -ratio, number of dwelling units, total amount of square feet, size of signs and any other applicable zoning information necessary for the proper review of the site plan by the Town Planner and Planning Board. vii) STORMWATER DRAINAGE: All storm water drainage control facilities utilized by the site shall be shown on the site plan. Storm water drainage calculations which support the design of the control facilities shown the plan shall be submitted to the Department of Public Works for review and approval. Calculations shall show a mitigation Oof run-off to zero of the 2, 10, and 100 year storm event. viii) BUILDING LOCATION: Identification of all existing and proposed structure(s) located on the site. The number of stories, overall height in feet and gross floor area in square feet of all structure shall be indicated. ix) BUILDING ELEVATION: A drawing of the exterior of the building, as viewed from the front (street view) must be submitted. The Planning Board may request side and rear views if relevant to the Board's review. This drawing must be at least 8" x 11" in size. X) LOCATION OF PARKING/WALKWAYS: Identification of the location of all existing and proposed parking and walkways areas, including curb cuts that will be used to access the site from adjacent roadways, or access points. xi) LOCATION OF WETLANDS/NOTICE OF INTENT: All resource areas as defined in M.G.L. Chapter 131, Section 40 and the Town's Wetland Bylaw, shall be shown on the site plan. The applicant shall file a Notice of Intent with NACC concurrently with the application to the Planning Board for Site Plan Review. 107 Oxii) LOCATION OF WALLS/SIGNS: Identification of the location, height and materials to be used for all retaining walls and signs located on the site. Signs will be reviewed using the guidelines set forth in Section 6.7 (H) of the Zoning Bylaw. xiii) LOCATION OF ROADWAYS/DRIVES: Identification of all right-of-ways and driveways including the type of curb and gutter to be used, and their dimensions. Distances to all the nearest roadways and/or curb cuts shall be shown for both sides of any streets which is adjacent to the site. xiv) OUTDOOR STORAGE/DISPLAY AREAS: Identification of the location and type of outdoor storage and display areas on the site. xv) LANDSCAPING PLAN: Identification of the location and landscape schedule of all perimeter and interior landscaping, including but not limited to proposed paving materials for walkways, fences, stonewalls and all planting materials to be placed on the site. In addition, all existing trees over 12 inches DBH, to be saved or removed shall be shown on the site plan. Any landscaping required by the Town Bylaws shall be indicated on the site plan in tabular form showing the amount Orequired and the amount provided. xvi) REFUSE AREAS: Identification of the location of each outdoor refuse storage area, including the method of storage and screening. All refuse areas must be fully enclosed. xvii) LIGHTING FACILITIES: Identification of the proposed illumination, indicating the direction and the degree of illumination offered by the proposed lighting facilities, including an example of the light fixture to be used. xviii) DRAINAGE BASIN STUDY: A detailed hydrology study for the site. Included in this study is the proposed storm water run-off rates into the existing drainage system and its potential down -stream impact on the existing drainage system. xix) TRAFFIC IMPACT STUDY: Identification of existing traffic levels, along with the expected traffic impacts to occur based upon the proposed project. Projects which access state highways, a traffic impact study shall be filed with MEPA concurrently with the Planning 108 U Board review. A copy of the MEPA study shall be filed with the application to the Planning Board. xx) COMMONWEALTH REVIEW: Any information required and submitted to any agency of the Commonwealth, shall be filed with the Planning Board upon the initial submission of the project for Board review. xxi) UTILITIES: All utilities, including water line locations, sewer line locations and profiles, and storm drainage systems; xxii) FISCAL IMPACT: Projections of costs rising from increased demand for public services and infrastructure; provisions of benefits from increased tax revenues, employment and infrastructure improvements; and impacts on adjacent property values. xxiii) COMMUNITY IMPACT: Analysis of the project's impact on the surrounding neighborhood in terms of architectural consistency, pedestrian movement and overall character, impacts on nearby historic structures or site; and an evaluation of the proposed project's consistency ad compatibility with existing local and regional plans. O 0 If the site plan review application is for the construction of any new wireless service facility on a previously permitted facility as set fourth in Section 8.9(3)(a)9II) Wireless Service Facilities Use Regulations, the information required by Section 8.9(5) must also 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 (1998/38). 6. Review Criteria/Design Guidelines a) The following criteria and design guidelines shall be used by the Planning Board in evaluating the site plan review and all information submitted as part of the application. i) General a) Conformance with all appropriate provisions of the Zoning Bylaw. b) Protection of abutting properties from detrimental site characteristics. 109 v Oii) Environmental a) Protection of unique or important natural, historic or scenic features. b) Adequacy of proposed methods of refuse disposal. C) Ability of proposed sewage disposal and water supply systems within and adjacent to the site to serve the proposed use. d) Adequacy of the proposed drainage system within and adjacent to the site to handle the increased runoff resulting from the development. e) Provision of adequate landscaping, including the screening of adjacent residential uses, provision of street trees, landscape islands in the parking lot and a landscape buffer along the street frontage. f) Adequacy of the soil erosion plan and any plan for protection of steep slopes, both during and after construction. g) Protection of adjacent properties by minimizing the intrusion of lighting, including parking lot and building exterior lighting. h) The proposed development must not present a demonstrable adverse impact on the surrounding area resulting from excessive noise, dust, smoke, or vibration which are higher than levels now experienced from uses permitted in the surrounding area. iii) Design a) Buildings shall be located with respect to setbacks placement of parking landscaping and entrances and exits with surrounding buildings and development. b) The buildings shall relate harmoniously to each other in architectural style, site location and building exits and entrances. C) Screening shall be provided for storage areas, loading docks, dumpsters, rooftop equipment, utility buildings and similar features. 110 EO d) Electric, telephone, cable t.v., and other such lines and equipment must be placed underground. e) Demonstrate that the scale, massing and detailing of buildings are compatible with those prevalent in the surrounding area. iv) Traffic/Parking a) The location and number of curb cuts shall be minimized to reduce turning movements, and hazardous exits and entrances. b) Provision for access to adjoining properties shall be provided as appropriate. C) Driveways shall be located opposite each other wherever possible. d) Joint access driveways between adjoining properties shall be encouraged. e) Internal circulation and egress shall provide for traffic safety, and access to and from minor streets servicing one family dwellings shall be minimized. 7. Findings of the Planning Board a) With the concurring vote of four members, of the Planning Board shall either A) approve, B) approve with conditions, or C) deny a site plan submitted for review. i) The Planning Board shall approve a site plan with the following conditions are met: a) The site plan complies with all current Bylaw requirements of the Town, and; b) The site plan has been submitted in accordance with the regulations and procedures as outlined in this section and Section 10.31 (Conditions for Approval of Special Permit.) 111 Ee ii) The Planning Board shall conditionally approve a site plan when the following conditions are met: a) The application needs to go to any Town Board/Department or Commission for approvals, or requires approvals by any state, and/or federal agency and; b) The site plan generally complies with Town Bylaw requirements, but requires minor changes in order to be completely in compliance with the Town Bylaw regulations. iii) The Planning Board may deny approval of a site plan for the following reasons: a) The plan does not include all the materials or information required in this section, or has failed to adhere to the procedures for Site Plan Review as outlined in this section, and Section 10.3 (Special Permits), or, b) The plan as presented is not in compliance with Town Bylaws, or; O c) The plan has been drawn incorrectly or in such form that the Planning Board is unable to determine what information is being . presented for review, or; d) The applicants have failed to incorporate and adhere to any condition(s) for approval granted by any Town Board, Department or Commission, or requirements called for by any state or federal agency, which has proper authority upon which to place conditions on a matter before the Planning Board. iv) The Planning Board shall render a decision within ninety (90) days of the public hearing and shall file its written decision with the Town Clerk's office and other appropriate parties in accordance with the provisions of M.G.L. Ch. 40A. V) The applicant shall be responsible for filing a copy of the decision at the Registry of Deeds. Prior to the issuance of a building permit, the applicant shall present evidence of such recording to the Building Inspector. 112 M h O vi) For the purpose of securing the performance of all proposed work, including landscaping and off-site improvements, the Planning Board may require security submitted in the form of a check made out to the Town of North vii) Andover in an amount determined by the Board to be sufficient to cover the cost of all or any part of the improvements required. The check will then be placed in an interest bearing account and will be released upon the completion of the project. The Board, at its discretion, may release partial amounts of the security at certain stages of construction. 8. Revisions to Approved Site Plan a) Any revisions to a development that has secured site plan approval shall be submitted to the Town Planner for review. No revisions shall be approved until the Town Planner receives three (3) copies of the revised plan and the revisions placed on the plan fall into the following categories: i) A change of location and layout of any parking area(s), signs, storage or accessory buildings, provided that no Town Bylaws are violated by the change; O ii) The change in the proposed landscaping plan which does not violate any Town Bylaw; iii) A change of egress and ingress provided the same is in compliance with Town Bylaws and the requirements of the Commonwealth. b) The revisions cited above may be completed without further review by Planning Board, upon approval by the Town Planner. The Town Planner may determine that the revisions as shown do not fall into the categories outlined in this subsection, and that the proposed revisions are in fact substantial and call for materially different site plan than approved by the Planning Board in that changes are called for in the type, location and manner of the facilities and site improvements to be constructed and shown in the approved site plan. C) If the revisions are determined to be substantial and materially different by the Town Planner, the Town Planner shall direct the applicant to resubmit the site plan to the Planning Board in accordance with the provisions of this section. (Section 8.3 rewritten and reorganized May 6, 1996 Annual Town Meeting, Article 20) 113 1. To hear and decide actions and appeals as provided herein; 2. To hear and decide applications for appropriate Special Permits and variances which the Board of Appeals is required to act upon under this Bylaw. 10.3 =Special The Special Permit Granting Authority shall adopt rules and regulations for the conduct of its business relative to the issuance of Special Permits. A copy of these rules and regulations shall be filed with the Town Clerk. The rules and regulations shall contain, as a minimum, a description of the size, form, contents, style and number of copies and number of plans and specifications to be submitted and the procedures for submission and approval of Special permits. The Special Permit Granting Authority may grant a Special permit within the framework of this Bylaw only after holding a public hearing which must be held within sixty-five (65) days after the applicant files for such Special Permit. The sixty-five (65) days period shall be deemed to have begun with the filing of the application with the Special Permit Granting Authority. The applicant is responsible for transmitting a copy of the application for a Special Permit within twenty-four (24) hours of the filing of the application with the Planning Board or the Board of Selectmen and to the Town Clerk. If an application for a Special Permit is to be filed with the O Board of Appeal, the applicant shall file the application with the Town Clerk, who shall transmit the application to the Board of Appeals within twenty-four (24) hours. 10.31 Conditions for Approval of Special Permit 1. The Special Permit Granting Authority shall not approve any such application for a Special permit unless it finds that in its judgment all the following conditions are met: a. The specific site is an appropriate location for such a use, structure or condition; b. The use as developed will not adversely affect the neighborhood; There will be no nuisance or serious hazard to vehicles or pedestrians; d. Adequate and appropriate facilities will be provided for the proper operation of the proposed use; e. The Special Permit Granting Authority shall not grant any Special Permit unless they make a specific finding that the use is in harmony with the general purpose and intent of this Bylaw. 155 M) O 2. In approving a Special Permit, the Special Permit Granting Authority may attach such conditions and safeguards as are deemed necessary to protect the neighborhood such as, but not limited to, the following: a. Requirements of front, side, or rear yards greater than the minimum required by this Bylaw. b. Requirements of screening parking areas or other parts of the premises from adjoining premises or from the street, by walls, fences, planting, or other devices as specified by the Special Permit Granting Authority. C. Modification of the exterior features or appearances of the structure; d. Limitation of size, number of occupants, method or time of operation, or extent of facilities; e. Regulation of number , design and location of access drives or other traffic features. 3. Special Permit granted under the provisions contained herein shall be deemed to have lapsed after a two (2) year period from the date on which the Special permit was granted unless substantial use or construction has commenced. If the applicant can show good cause why substantial use or construction has not commenced within the two (2) year period, the Special Permit Granting Authority, as its discretion, may extend the Special Permit for an additional one (1) year period. Included within the two (2) year period stated above, is the time required to pursue or wait the determination of an appeal from the provisions of the Bylaw. The Special Permit Granting Authority may, within the guidelines for Special Permits contained herein, allow accessory uses whether located on the same lot as the principal use or not, wherever necessary in connection with scientific research, scientific development or related production provided that the Special Permit Granting Authority finds that the proposed accessory use does not substantially derogate from the public good. Within (90) days following the date of the public hearing, the Special Permit Granting Authority shall take final action in the matter in order to issue a Special Permit provided for in this Zoning Bylaw. There shall be at least four (4) of the five (5) members of the Granting Authority voting in favor of issuing the Special Permit. A Special Permit granted under the provisions of this Bylaw shall not take effect until: 156 U Q a. The Town Clerk certifies on a copy of the decision that twenty (20) days have elapsed without filing of an appeal or that any appeal filed has been dismissed or denied; b. The certified decision has been recorded at the owner's expense in the Essex County Registry of Deed's indexed in the grantor index under the name of the record owner, and noted on the owner's Certificate of Title; C. If the Special Permit involves registered property, the decision, at the owner's expense shall also be filed with the Recorder of the Land Court. 10.32 Temporary Permit The Board of Appeals may grant a temporary Special Permit for use or occupancy permit for a period of not more than one (1) year at a time, subject to a single renewal. Such permits shall be subject to conditions imposed by the Board related to safeguarding the character of the district affected and shall be processed in accordance with the procedures provided herein for the granting of Special Pen -nits. 10.4 Variances and Appeals The Zoning Board of Appeals shall have power upon appeal to grant variances from the terms O of this Zoning Bylaw where the Board finds that owing to circumstances relating to soil conditions, shape, or topography of the land or structures and especially affecting such land or structures but not affecting generally the zoning district in general, a literal enforcement of the provisions of this Bylaw will involve substantial hardship, financial or otherwise, to the petitioner or applicant, and that desirable relief may be granted without substantial detriment to the public good and without nullifying or substantially derogating from the intent or purpose of this Bylaw (1998/32). Additionally, an appeal may be taken to the Zoning Board of Appeals as provided herein by a person aggrieved by reason of his inability to obtain a permit or enforcement action from the Building Inspector, by the Merrimack Valley Planning Commission, or by any person including an officer or Board of the Town of North Andover, or an abutting city or town, aggrieved by an order or decision of the Building Inspector or other administrative officials in violation of any provision of this Bylaw. Any petition for an appeal above must be taken within thirty (30) days of the date of the order or decision that is being appealed by filing a notice of appeal, specifying the grounds thereof with the Town Clerk, who shall forthwith transmit copies of the appeal to such officer or Board, whose order or decision is being appealed, and to the Zoning Board of Appeals. Such 157 officer or Board shall forthwith transmit to the Zoning Board of Appeals all documents and paper constituting the records of the case in which the appeal is taken. No petition for a variance or appeals shall be granted until a public hearing is held on the matter by the Zoning Board of Appeals within sixty-five (65) days after the Zoning Board of Appeals receives the petition from the Town Clerk. 2. The Zoning Board of Appeals must make its decision on a petition for a variance or appeal within seventy-five (75) days after the date of the petition is filed with the Town Clerk. In order to grant a petition for a variance or an appeal, four (4) of the five (5) members of the Board must concur. If the Zoning Board of Appeals fails to act within the time limits specified herein, the petition for a variance or appeal shall be deemed granted. a. In the case of a variance, the Zoning Board of Appeals may impose conditions, safeguards and limitations of time and use, however, these conditions cannot require continued ownership of the land or structure to which the variance pertains by the applicant, petitioner, or owner. Furthermore, if the rights authorized by the variance are not exercised within one (1) year of the date of the grant, they shall lapse and may be re-established only after notice and a new hearing. Q 3. The Zoning Board of Appeals shall cause to be made a detailed record of its proceedings indicating the vote of each member upon each question, or if absent or failing to vote, indicating such fact, and setting forth clearly the reason or reasons which shall be filed within the fourteen (14) days in the office of the Town Clerk and shall be a public record. Notice of the decision shall be mailed forthwith to the petitioner, applicant, or appellant, to the parties in interest designated herein, and to every person present at the hearing who requested that notice be sent to him and stated the address to which such notice was to be sent. Each notice shall specify that appeals, if any, shall be filed within twenty (20) days after the date of filing of such notice in the office of the Town Clerk. The decision shall also contain the names and addresses of the owner, and identification of the land and/or structure affected (if a variance procedure - how the variance complies with the statutory requirements for issuing a variance). Certification that copies of the decision have been filed with the Planning Board and Town Clerk are required. 10.5 Amendments to Zoning Bylaw This Bylaw shall be adopted and shall be amended from time to time by a two-thirds vote at an annual or special town meeting. 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I C5 UA c- D 17717177 LOU a ; s a co t 5l W o 7 W�j 12 r -R. o e! �M N�o xo r r, s AIM i GlI< i os WRMGMW 0 o b- z � < o`"a�or Q m N Z� a K QQx U a� � U W Zq O N 1� /O O U O -0 No wo ad R_ a =� a � F N qq z Y Vi Z ;yt € 491 0 8d €ui Mi III awe y Ig 9r. peg RII! IMF 98 � e 19 is a �s is is is cc �s Pis mo F� ui s-jos4nll� 'Cci3 3� 8��tb �Jo� oR Y W I O a8g � a e k � �� �< �� ��8 � 6F € J h x I Z iz w 8<� � I 5� � Z Wg '' I � �® Z ® o a J o X19 $ ui o IIII W a u�m - -- z W- W G 4 �o s an W a g �o a Q d z I i Ll li 90 ® I . I C5 UA c- D 17717177 LOU a ; s a co t 5l W o 7 W�j 12 r -R. o e! �M N�o xo r r, s AIM i GlI< i os WRMGMW 0 o b- E* \o►t��ti O 0 - The Commonwealth of Massachusetts Executive Office of Health and Human Services Department of Public Health O= Radiation Control Program 174 Portland Street, 5th Floor, Boston, MA 02114 ]ANE SWIFT (617) 727-6214 (617) 727-2098 - Fax GOVERNOR ROBERT P. GrTTENS SECRETARY HOWARD K. KOH, MD, MPH COMMISSIONER �• NEW POLICY REGARDING RADIOFREQUENCY FACILITY INSTALLATION APPROVAL Due to personnel and budget reductions imposed upon the Radiation Control Program, we are no longer requiring notification and approval from companies that install radiofrequency antennas or facilities as outlined under 105 CMR 122.021. Companies installing radiofrequency antennas should ensure that they are meeting the FCC requirements for the installation. A guide for local government officials (June 2, 2000) concerning the FCC requirements which complements the FCC's OET Bulletin 65, "Evaluating Compliance with FCC Guidelines for Human Exposure to Radiofrequency Electromagnetic Fields", August O1997 is available along with Bulletin 65. To obtain this information, please contact the FCC's Office of Engineering and Technology (phone: 202-418-2464 or e-mail: rfsafe!y@fcc.gov). Bulletin 65 can also be accessed and downloaded from the FCC's "RF Safety" website: http://www.fcc.gov/oet/rfsafe Since the FCC requirements are now identical to the requirements under 105 CMR 122.021, reporting to the Massachusetts Department of Public Health is no longer necessary. The citation in the regulations will be changed during the next revision of the Radiation Control Program's regulations. If there are any questions concerning heaith effects regarding radiofrequency antennas, individuals may contact the Bureau of Environmental Health Assessment of the 'Massachusetts Department of Public Health at 617-624-5757. 3/15/02 THE COMMONWEALTH OF MASSACHUSETTS DEPARTMENT OF PUBLIC HEALTH RADIATION CONTROL PROGRAM O 305 SOUTH STREET, JAMAICA PLAIN, MA 02130 EO EO NOTIFICATION OF NONIONIZING RADIATION SOURCE Fixed Communication Installations For Radiation Control Use: Date Rec'd Reviewer: Approval: LJFULL PROVISIONAL Combined request for approval under 105 CMR 122.000 and employer notification under 453 CMR 5.000. A. Owner of the structure on which the antenna is located and the location of the antenna: Name of owner of the structure on which the antenna is located: Omnipoint Communications Address of structure owner: 50 Vision Blvd Providence, R.I., 02914 Telephone number: Date of installation of the structure: Unknown Ci /town of antenna location: North Andover, MA. Local name of location i.e. street name and number): Schneider Electric Latitude: 420 42'04" Longitude: 71 ° 07' 35" Are there other transmitting antenna located on the same structure? es [X]no Are there other transmitting antenna located within 300 feet? [X]yes no Anticipated date of installation of antenna: TBD B. Owner of the antenna: Name of the owner of the antenna: Omnipoint Communications Enterprises, Inc. Address of antenna owner: 50 Vision Blvd. East Providence, RI 02914 Telephone number: 401 588-5600 RF Fixed Communication Installations Form (1/96) MCRP 122.021 -1 ti• U A v D C. Owner of the location on which the transmitter is located and the location of the transmitter:: [X] same as antenna Complete only if transmitter location is different than antenna location Name of owner of the structure on which the transmitter is located: Address of structure owner: Telephone number: Local name of location i.e. street name and number): Ci /town of transmitter location: Latitude: Longitude: Anticipated date of installation of transmitter: D. Owner of the transmitter:: [X] same as antenna Com Tete only if transmitter owner is ditterent than antenna owner. Name of the owner of the transmitter: Address of transmitter owner: Telephone number: E. Technicals ecifications: FCC class or a of service: PCS GSM FCC call letters: KNLF954 Operating frequency of transmitter: 1945-1950 MHz 1965-1970MHz Type of modulation: GMSK Average power output of transmitter: 20 Watts Peak power output of transmitter: 30 Watts Power into the antenna: 6.3 watts Antenna manufacturer: EMS Antenna model: RR65-19-00 DP Antenna e: Dual Pole Antennas Gain of the antenna: 19 dBi Antenna radiating pattern: H- lane - 65°±30 E- lane—4.5°±1 ° Polarization of radiation from antenna: Slant 45de Effective radiating ower: 282 watts EiRP at centerline RF Fixed Communication Installations Forth (1/96) MCRP 122.021 -1 W M F. Power density information: F.l The power density values presented in F.1 were: [X]calculated using; measured using; [X]FCC Tech Bulletin Instrument (manufacturer): [ ]Other: (specify): model: robe: Date of most recent calibration: Parameter: Distance in Power density in meters (m) microwatts per. .square centimeter W1cm2 Horizontal distance to nearest place 0 where facility employees work or congregate: I Radial distance to nearest place 24.38 9.66 where facility employees work or congregate: Horizontal distance to nearest location on 30.48 the property bound I Radial distance to nearest location on the 40.23 3.55 property bound Horizontal distance to the location on the 30.48 property boundary where the highest ower density level is anticipated: ' Radial distance to the location on the 40.23 3.55 property boundary where the highest ower density level is anticipated: Horizontal distance to nearest location 91.44 regularly occupied outside the property boundary: type of facility [ ]home [ ]school []office [ ]manufacturing facility X others eci :Free Space Radial distance to nearest location 95.10 0.63 regularly occupied outside the property boundary: type of facility [ ]home [ ]school []office [ ]manufacturing facility X others eci : Free Space RF Fixed Communication Installations Form (1/96) 3 MCRP 122.021 -1 F.2 Attach all assumptions and calculations used to determine the values listed in F. 1. O G. Attach a layout drawing showing the various areas in which employees associated with the nonionizing source work and the predicted or measured RF (power density) levels at these locations. N O H. List the areas in which employees have been classified as nonionizing radiation (NIR) workers: [X]There are no areas that have been classified for NIR workers. [ ]There are areas that have been classified for NIR workers. Such areas are listed below. Location Maximum power dense W/cm2 Number of em to ees I. All workers that are classified as NIR workers have been instructed in nonionizing radiation health and safety policies and procedures? [ ]yes [ ]no [X]N/A Date that the most recent NIR safety training was provided: [X]N/A RF Fixed Communication Installations Form (1/96) MCRP 122.021 -1 Id I I CERTIFY THAT: 1. I have read, understand and will comply with the requirements of 105 CMR 122.000 and 453 CMR 5.000 2. To the best of my knowledge, the statements made and information disclosed in this registration application are true, complete, and correct. 3. If any of the disclosed information changes, I will provide updated written information to the Radiation Control Program of the Department of Public Health within 30 days of the change. 4. I will provide additional information as may be required by the Radiation Control Program of the Department of Public Health. SIGNED UNDER THE PAINS AND PENALTIES OF PERJURY, S -11910.) - Date - 19o.) -Date Date Signature of RegistranApplicant (Owner or person duly authorized to act on behalf of the owner). Michael Lucev, RF Engineer Print Name and Title Signature of Registrant Applicant Designee (If applicable) Print Name and Title RF Fixed Communication installations Form (1/96) 5 MCRP 122.021 -1 N R C C o� ♦+ w L Woo0� L N o. E 3=. V -0 d M , L w N to G � V M V tD to a c of Q N L d Q I I Im r M W � A Ca IAto c m d J N J N C tL (9 U N 0 U) 0 o S c U c U C V `cc `cc a 0 cc .� a 0 s a 0 .� a v v v cool of of of of of N U 1 N LL C E t V Q 101 IOU Z Z ! 0 Q _ U zz <D O 0 O SII N m A ; A C C _ a ' rn c d m m H ` J LL N v C7 u U N O tN� O yMypp O N M_ U M U VI c a O c M C O O o o v o v v of of of OI of �I Co COa i NAw IU Z N 0z O Q � zu z O u U gtqI N N yNN O O O c v c u c u f9 c f9 c 49 G 0 6 o v v v NI OI OI OI OI OI V1 v C C G \I w O o$a o 0 0 U u u 0 3 F. G a m r N LL w C d E t v Q m m 0 Search Ring Analysis for N. Andover Ring 4BS-0658 With Attached Topographical Map. Candidate Location & Description Comments A. Smoke Stack - Corner of Water Street and High, - Ideal location and structure Street, 90 foot Smoke Stack height. Negotiating lease B. Unitarian Church - High St., 100 yards south of High St - Ideal location and structure and Water St. Intersection. 90 foot height. Church has policy of church steeple not co -locating antenna on church property. C. Church - Corner of Water Street and High St. - Steeple height is not sufficient 40 foot roof top w/ small steeple. enough to complete coverage Downtown N. Andover. objective. D. Church - High St. between Water St. and - Steeple height is not sufficient Merrimack St. 45 foot rooftop enough to complete coverage objective. E. N. Andover - Large lot Southeast of Chickering - Lot is too far from our coverage O Middle School (Rt. 133) and Main St. Consists of objective. Site needs to be school buildings and playing fields. Farther to the Northwest. F. Library - Small lot on the corner of Elm and - Tower would need to be Main St. Small antenna tower replaced with much larger behind building. Tower. Not enough room on lot for installation. G. N. Andover - Large Town owned property east - Lot is too far East to complete High School of Chickering rd, West of Osgood St. coverage objective. H. Smoke Stack - Large smoke stack located North of - Lot is too far North to complete Lawrence Memorial Airport on coverage objective. Clark Road. I. Smoke Stack - Owned by Lucent Technology off - Lot is too far North to complete Osgood Rd., North of Lawrence coverage objective. Memorial Airport. J. N. Andover - Water Tank located South of - Water Department has no Water Tank Chadwick St. near Lawrence interest in co -locating our antenna Memorial Airport. on the water tank 0 TOPO! map printed on 07115102 from 'BOSTON.tpo" end "Untitled.tpg" MN` tTN o 112 t nitE 1h" ®0FEET 0 SOOm 1000m Panted from TOPO! ©1999 Wildflower Prodw:tions (wzatc• topo .om) AFFIDAVIT Of RADIO FREQUENCY EXPERT The undersigned hereby states the following in support of the application by VoiceStream Wireless, Inc. (hereinafter "VoiceStream") to construct and operate a wireless communications facility at 1 High Street, North Andover, MA. VoiceStream will construct a facility which includes three (3) panel antennae and related BTS equipment in the Town of North Andover, Massachusetts (hereinafter "site") at a height of 85 feet (RAD center) on a 90 foot smoke stack: 1. I am a Radio Frequency Engineer for VoiceStream, responsible for radio frequency design in Massachusetts. 2. The list of my qualifications attached to this affidavit is true, accurate, and complete in all material respects. 3. I have thoroughly reviewed the radio frequency engineering studies, reports, and computer model prepared by VoiceStream with respect to this site. 4. VoiceStream is a communications venture committed to providing wireless personal communication services using personal communications service (hereinafter "PCS") technology. PCS technology is a new generation of wireless service that uses digital transmission to improve the services available. O 5. In order to meet its obligations, under the FCC license, VoiceStream must have in place a system of "cell sites" to serve portable wireless communication handsets and mobile telephones. These cell sites consist of antennas (mounted on a pole, building or other structure) connected through thick cable lines to a cabinet located near the antenna. The antenna relay's information between mobile telephones and radio hardware located in the equipment cabinets. The equipment is then connected to ordinary phone lines from which the call can be routed anywhere in the world. 6. Cell sites are an integral part of VoiceStream's network. To maintain effective, uninterrupted service to a mobile telephone user traveling in a given area, there must be a continuous interconnected series of cells, which overlap in a grid pattern. Additionally, each cell site must be located within a limited area so that it can properly interact with the surrounding cell sites and, thereby, provide reliable coverage throughout the cell. 7. In compliance with its FCC licenses, VoiceStream is actively building its PCS network to provide service in Massachusetts. In order to meet its goal of providing seamless uninterrupted service, VoiceStream must continue to acquire interest in sites for additional facilities, and is applying for and obtaining local governmental approvals to construct the transmission sites, in order to eliminate "gap's" in service coverage. Any delays at this point in time severely curtail VoiceStream's ability to satisfy both the mandated time requirements, and to achieve a market position that will allow it to compete for customers. 8. As set forth below, VoiceStream is proposing to locate a wireless communications facility on a smoke stack by attaching three (3) antennas to the outside of the stack at a height of 85 -feet (RAD Center). 9. The Town of North Andover is critical to the overall engineering and technical plan of VoiceStream's network. This site will connect to adjacent proposed sites in North Andover, Andover, Boxford, O Lawrence and communities surrounding North Andover and will provide coverage to the businesses and residents of North Andover. 10. Presently a "gap" exists in the coverage within this area of North Andover. This "gap" in coverage impacts those who travel in this area of North Andover. Furthermore, the "gap" undermines other nearby facilities preventing them from maximizing the coverage to the area as a whole. 11. This site is especially suitable for VoiceStream's proposed wireless telecommunications facility. This site conforms to the narrow search specified by VoiceStream's service area computer model. Unlike other parcels of land in the area, the site has unique radio frequency characteristics, due to the topography of the site, the height of the proposed structure and its location. 12. Without a wireless transmission facility located at or near the site, VoiceStream will be unable to handle the number of customers using its network in this area. By positioning a site at the 1 High Street, in North Andover, VoiceStream will be better able to provide seamless coverage to the citizens of North Andover and the commuters traveling on the main roads through and around this area. 13. The radio frequency exposure levels generated by the proposed facility are substantially below the applicable health and safety standards established by the Federal Communications Commission (hereinafter "FCC") and the Massachusetts Department of Public Health (hereinafter "DPH"). Compliance is no longer required with the Massachusetts Department of Public Health, but a copy of the intended filing will be included showing energy levels for this site. The DPH spreadsheets are certification that VoiceStream complies with any and all FCC requirements. 14. Based upon the best radio frequency technology available to VoiceStream at this time, it is my professional opinion that the proposed project is at the minimum height needed to ensure adequate PCS service to area residents and businesses in accordance with system specifications. Executed this 14th day of May 2002. 2L,Z,) Michael Lucey RF Engineer Michael Lucey Radio Frequency Engineer VoiceStream Wireless 50 Vision Boulevard East Providence, RI 02914 Education: Bachelors of Science in Mechanical Engineering, May 1994, Western New England College, Springfield, MA WEN System School, Motorola, Chicago RF 102 and 103, eXpert Wireless, New York In Building Coverage Systems, LGC Wireless, San Jose RF Health Seminar, Peter Valberg PhD, Harvard University Experience: VoiceStream Wireless, RF Engineer (Feb. 2001- Site design for 1900 MHz Voicestream GSM technology in Boston area Present) Attend town zoning hearings for cell site acceptance DPH calculations Frequency planning and retuning Daily cell site capacity and traffic statistical analysis RF site requirement analysis (capacity and power needs) (Feb. 1997- Nextel Communications, RF Engineer O Feb 2001) Attend town zoning hearings for cell site acceptance New site design for 800 MHz Nextel iDENfMMA system in Boston area Full cell site design from search ring to turning site on air RF site requirement analysis (capacity and power needs) Network planning for switch hardware implementation Future site build design for coverage and capacity issues Daily cell site capacity and traffic statistical analysis Frequency planning and retuning Analysis and optimization of voice, data and dispatch networks Field optimization of on air network Health exposure level study of on air sites Computer ANET, Wizard, Odyssey, maXplan Experience: (all are RF cell site modeling software) PROPOSED NORTH ANDOVER COVERAGE WITH PROPOSED SCHNEIDER ELECTRIC CANDIDATE EXISTING NORTH ANDOVER COVERAGE WITH PROPOSED SCHNEIDER ELECTRIC CANDIDATE EITIN NORTH ANDOVER COVERAGE m TOWN OF NORTH ANDOVER LIST OF PARTIES OF INTEREST: PAGE l OF 2 SUBJECT PROPERTY MAP PAR # NAME ADDRESS tJ �,. N PG, •��ai : Frs¢ v„:s. C"R:41 m"#qs Po ao,( ABUTTERS: 6�- I y� Kail s ;r��^�. N/i/ti str« N. /•h.�✓.� o��ks �p�S G� �1 !\oFjN .1 GCo, C O� �•GnC !9%9 /S /`i t6 f J4I 0 Re 6�? GA 1- La^ d•yS �� AGPM � . "I O l-Ota./�- �. ✓.GSI �I � r o rd Gwha.d H.a ...�, f}. �1,,.. /�/. �,,�,✓cl 0! y r e Saran A. 4 Pd. /'(;.. a&w om, �s c i 4 e Glad 2G 01 ax d�.�•� f yl Z �./ h a.r,c M. •� %) C�ia,�{. Sfi.AL9v,do�tr 0! Y /�•di 2Sto-t-tnw:vl. or. G” ;Z o G L/IL Lf O! Ge^do l'll i'✓�Qr�,n �,r 2 % e. BGG�� led . Sa/c.�-� 03-07'9 & *�1( 4. RN \lir.../'c 61 ti. 4 hCG 1' yo 1te.., Cjµrelk S{ • d,.,u o <1ee do /ter O1 (Y ZeS o,n r/Ka/` W. (VlG/o.4 ff �%1c./c� Sf•Af. / k &1 Irk ,nice ',Pi,,. -feM (au d.✓Ar ol 1 l o c �ca /N G,u/ �• Nu /,mac /NG u S Z./ O �'al 7i Mwr,ir.aGK ✓ti o 3 .r,ca« w/ nd su s^ /�•���,C W��� S pOce u Li �tS t,,s a 4. /24 1341aJ%1dG c Rd. Sc O o ° (R.e �I�, �O ►1a..o/ an Fiance ShCu 2.✓no.� �+ _ il�. �✓•cam �l GG�t• -1 �1 / o�v�ano�.c /7�'�h�• �., o 13J ,,A /�lG�n cr o � G ,ti S Cif - u d ai K OI I ec "4 p- rvf.,t, c• I C J44- Al, 41 offlf 2� .-alal6 1P. .; S•. 2,2 G.I devor 4 4 �r 2 , G r. 28 (.la do✓ -r o O&S) fZ�( G. v Q ✓w 0 �lpecS / 'I 3o / r4h ii G.. r G -i (o W� a N. do✓G/ Q Ll /Cs 1�r-2 914 CERT. BY: DATE: TOWN OF NORTH ANDOVER UST OF PARTIES OF INTEREST: PAGE L OF -Z- SUBJECT PROPERTY �O r ndr vont r•• Gwdl�. /w o�nd` MAP I PAR # NAME ADDRESS Mr, , Jc,_J G � Pr, -4,,-,,- ,t t-,* Q // /1. J (./� O . Gr PO eA 1G ABUTTERS: /� Vo/Gh r G S 2 /,or1oM 7y X53S1-- 0,10-7 �'IO 03 Lo p,0, o "a—',MA C1110 fe, S GI( I ;„dIc ( .-s ,It, V;,,6 l L1 te %.) u S • m 01 Key N. i✓�1�;,. os� w,.�dow �iI �l �• �b •� P,a s- r` Zz it 4 //Ns / ' 1 w r / 1 S • Al. 2-- I. kw'(- (. M w i min p A AL ,, I 51-A P c_PA,�z ^z It l C rr L I N.. 2-Z- � d / e //N S �d a ��wd(C ! h d0 JG� D a22 M. C 41,14bevo a! h 23 u .. S . 1cl- N. .✓- ! O ��S S lI 'zio w A4. h (.Ac. f ?o)? 7I� S3 fZ Sc, '` "'.. e N ,. 'nd c ICP.[ 'Trk c Cr. iiid ew 1A, K.p d . Q /&S �� .. . ot%r-e �� . ar do✓u % ck..loh r,..uid a rn A • e rlt '1 ! `, o -.,d,' c led . do✓�. �l�c CERT. BY: DATE: Cartifie !�S G� B do Ase r rt Andov �O r ndr vont r•• Gwdl�. /w o�nd` N 01 �1 S Q ✓. �Lr+nr (,�,♦! Cp �'o G6rd f. N�'!.f /� Vo/Gh r G S 2 /,or1oM �'IO 03 o tai aia,-- .•d ,.� .. ', w,.u..icl ,nu N. i✓�1�;,. os� w,.�dow aa2� s �l Zz it 4 //Ns / ' 1 w r / 1 S • Al. 2-- I. kw'(- (. M w 23 1 4 n A AL ,, OL Q� /w P c_PA,�z �-� nA o l C O L I N.. S i.. ✓•c l 01145 a22 M. C 41,14bevo a! h 23 u .. S . 1cl- N. .✓- ! O ��S /_ r c lIJC o.. Nai GI ( h r'/ .ri�'.'Cs^ AAA Or&2 Z_s d CERT. BY: DATE: Cartifie !�S G� B do Ase r rt Andov Aw 52H2 PAKWID P&PAWWO-1 PAR -PAR -ADD -NO -z ---------------- PAR -PAR -ADD -ST -i --------------------- ----------------------------------------- PAR-OWNEP-NAME-j --------------------- "10 1040. (, -0002-000i.A ---------------- 0 SHHON STRHT lK IA ATLANTIC REM TY TW6T ------------ 2m SUTTON S U / 040, 8 0 1 ; f) N STREET i J - F i f) R I Nf, E PLAZA Ll -f, T TWER WOK WKYONY00011 23.1 .0 SUTTON STREET it l:: MOUt TON 7 U'rlklf'L F :9l $LITTON 5 il, - 0 o 0 2 - o 0 0 1.i% x,51 Sol iON S T R F t T 0 - I f., MARINA 2-h LLC WO 0 SUTTON STRIP WIF JOHNSON, GRFSnRY K 7 HIDDEN COU it SUTTON f R F Ff 'I -_k , i 10 R, K A F MA N 1 22 WHON BR i .4 6 . 0, - 0 0 0'z - Q 0 fi2 R -10 0 2? 17, t 1 T 0 N -T TRtT li -Zk 0110A. HEMANT v 22 SM MON BR 2 10 10 0. 0 - UOU 2 100 2. .01 -iij T ON `,Nf[ t.1 0A M160 WHY T05-1 251 SU TON a{) {,4t;'.{, -{,(,{,r O6!3' .(1f0i 0 SULTAN STREET im FLOW PLAIA 11 i-R Rohr T., F R. I-- WJ� P i A 0 TWER ROWi 0 WHON STREFT b2s FtOREW PIMA A. 7 101H. Rom 1 0 SUITS ROT 02H siour 9E PLAIA LA. T;O!(R j 1 T fO N T RE T 1 - zo Of 11 P* K A x, � HiMANT 02 SAIRN Wri 0 0 0 2 Q'0 (1: S , U Siff ION 18 iu -1 0-A i j k,;,- N (, E p yJA I TWH Rok Wo 9--d's �� r lc790 171 r TOWN OF NORTH ANI WER LEGAL NOTICE s i�* ` ° MASSACHUSETTs�. BOARD TOWN OF NORTH ANDOVER r i OF APPEALS MASSACHUSETTS BOARDNO PEALS i � '. '�+`•Oclober26.1g61"'ti N01W Is hereby given that the Board of Appeals will hearing t give a at the Tows Building, Nonh Andover ; on Tuesday .evening the l2th Ilay OtNovstnber,} Notice is hereby given that the B October 25, 1991 1991, at 730 O'clock.—" all parties hnenested in the,, give a hearing at the Town Building o Appeals will r on Tuesday evening lover,. : appeal -of Corrwr tit:atlons-Unk Servke$Mtc." 1st;` r�sling d variation• of 3ec:,' the 12th da 1 s91, at 7:30 o'clock, Y of November aPPeal of to allCommunications ereee 680 ���i n9 BY Law 80 as to pertnfl installation of one 6 foot satellite antenna the Link Sees Inc. the I Andover ►,alts Reafty requesting a variation e.6 of the on ed at One High Sitsot _'' ,,. el 'n premises.bcat 7 j � �� I ` By Zoning By Law so as to of Sec If one 6 foot satellite r '; Oder of the Board of Appeals r w v tFrankSerbrJrr Chairman t antenna on the remises. local ed at One High Street. NAC 10/30 11/6r91 fs , By Order of the Board of Appeal NAC: 10/30, 11/6/91 Frank Serlo, Jr., Chairman P I �Ieqal Notice! TOM OF NORTH ANDOVER BOARD OF APPEALS NOTICE October 29. 1984 Notice Is hereby given that the: Board of Appeals will give a hearing at the Town Building, North Andover, on Monday evening, the 19th day of November 1984, at 7:30 o'clock, to all parties interested in the appeal of,North Andover Mills Realty, Ud., requesting a Special Permit under Section 4, Paragraph 4.11(3) of the Zoning By Law so as to permit the ex- tension of an Industrial S zone into a Residential zone so as to allow the construction of a one level. parking deck- on the premises, located at 38 High St. By Order of the Board of Ap- peals. Frank Sedo, Jr. . Chairman Publish N.A. Citizen: November 1 and 8, 1984 b18 3?� P"0Gr :o Z r: A►�u7+ :�� a • 1855 •'• �� ACHO9 4� c• TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS NOTICE October 29.... 19.84 Notice is hereby given that the Board of Appeals will give a hearing at the Town Building, North Andover, on .... Monday 5, ..-- ---- evening...... _.-_-the 19.th day ofNovember 19.8 4 , at. . o'clock,, to all parties interested in. the appeal of . NORTH -ANDOVER. MILLS - REALTY.,. LTD ....... requesting axv*, for O xxxxxxxxxxxxxxdx gAvbg ft3A1Q=MM*MRer0%C- Special .Pe.rmit . under-Se-ction 4, - --- - Paragraph 4.11 (3) of the Zoning By Law so as to permit the extenslori of an Industrial S zone into. .a.. Resi•dentia-1 - zone. -so. -as. -to- -allow- the construction of a one level parking deck ....................................................... on the premises, located at .. 3.8 -X2 H1 gh.. S tre e t ....... i ............................. By Order of the Board of Appeals By: Frank Serio,. Jr., Chairman _ Publish Citizen: November 1 and 8, 1984 Send bill to: No. Andover Mills Realty,,Ltd. High St:.: No. Andover, Mass., AVIMT" 1855 TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS NOTICE October -25 ............ 19. �9.1 Notice is hereby given that the Board of Appeals will give a hearing at the Town Building, North Andover, on . . Tuesday. - ..e.vening ........ the . 121 . clay of . November ........... 19.9.1 , at 7 ; 3.(b'clock, to all parties interested in the appeal of Communications. Link. S.ervice. Inc... f or. Andover Mill.s. Aealty requesting a variation of Sec.. . �.- A ............ of the Zoning By 1Aw so as to permit� . installation. of. -one. 6. f oot ..... .s4tpjjit antenna .................................... .................................................. on the premises, located at. . One High. Street ............. ...................................................... By Order of the Board of Appeals Frank Serio, Jr., Chairman Publish in N.A. Citizen on October 30 & Nov. 6, 1991 Bill to: Communications Link Service, Inc. R770 Water St., Framingham, MA 01701 Z- V `� Communications Link Service Corp. Rear 770 Water Street �aSatellite/Microwave Communication Systems Framingham, MA 01701 (508) 788-0909 Fax (508) 788-0910 Mr. Frank Serio Jr. Chairman Zoning Board of Appeals Town Hall 120 Main Street North Andover, Ma 01845 Dear Mr. Serio This letter is requesting the withdrawal of the application which was submitted to the North Andover Board of Appeals regarding the installation of a b' satellite antenna on the roof of a building at 1 High Street. I would like to withdraw this application without prejudice. If you have any further questions regarding this issue please feel free to call. Sincerely, ":5 - Stephen J. Welch President ;[ Communications Link Service Corp. 1 cc: Mr. Bob Nicetta 4a.�t7 rn This letter is requesting the withdrawal of the application which was submitted to the North Andover Board of Appeals regarding the installation of a b' satellite antenna on the roof of a building at 1 High Street. I would like to withdraw this application without prejudice. If you have any further questions regarding this issue please feel free to call. Sincerely, ":5 - Stephen J. Welch President ;[ Communications Link Service Corp. 1 cc: Mr. Bob Nicetta ct (D 0 C-4 �� — '-A 0 N) 0 I -S 0 0 C/) 11 C -t - (D "S 'S (D (D CD 00 4= Ul ;)o e,) rb On E3 F3 E3 eo *--Received by Town Clerk: TOWN OF NORTi} ANDOVER, MASSACHUSETTS BOARD OF APPEALS 7�r/;(508)788-0909 11PPLICATION FOR RELIEF FROM THE REQUIREMEN'T'S OF THE ZONING ORDINANCE Corp. ! Applicant Communications Link Service--_AddressR 770 Water Street Framingham, Ma 01701 1. Application is hereby made: a) For a variance from the requirements 'of Section 8.6 Paragraph and TabLe N/A of the Zoning By Laws. N/A �)) For a Special Permit under Section --Paragraph _—of the Zoning By Laws. N/A c) As a Party Aggrieved, for review of a decision made by the Building Inspector or other authority. 2. a) Premises affected are .land and buiLding(s) 1 numbered One High Street_�_— street. -- b) Premises affected are pro crty with frontage on the North ( ) South ( ) ,:ar .t ( ) west ( ) side of H1 h Street _ _ Streets and known as No. 9_25 High_e_e—__ _ Street: Installation of 6' satellite antenna i c) Premises affected arc in Zoning District R-4, and the premises . affected have an area of —N/A square feet - and Lrontn�lc of --- ^ N/A feet. 3. Ownership .. a) Name and address of owner (ifDint ownership, j p, give all names): ; Andover Mills Realty NIVA N_Andover Inc. 433 N.Camden Dr. Ste.' 6) «} :�. Date 10-1.3-83 N/A Beverl Hills, of Purchase Previous Owner --------- 1Ca 90210 0 -- b)' If applicant is not owner, check Iris/her interest in the premises: __Prospective Purchaser---Lesce X Other (explain) see below N/A 4w Size of proposed building: __--_ front; feet deep; " Height stories; a) Approximate date of erection: b) Occupancy or use of cacti floor: c) Type of construction: 5. Size of existing building:_NZA feet front;_NZA rlccp; -- -fe(!t Height 4_--stories;—UZA -feet. N/A a) Approximate date of erection: -------------- b) Occupancy or use of each floor: Industrial c) Type of construction: Davis and Furber Mills N/A G. Has there been a previous appeal, un(lor zoning, on thc:,e premises? If so, when? Installation of 6' satellite antenna •`''' ' Installation of orie.' "I. -Description of relief sought on 'this petition`: 6' satellite antenna .k 8.•...Decd recorded in the Registry of Deeds in nookV1733 Page 0197 Deed dated •. 'Land. Court Certificate No. NA—took N/A page N/A 10-.13-83 `S The principal points upon which I base my application are as follows: i4(30n (must be.stated in detail) 'The engineers evaluation of the roof and the• inpa:k the antenna 'and mount. wi , hnva on the building. Antenna will be located belaind elevator shaft-: on the...." fnurth i'lnnr roQL in the rear of th�,� building- out of Site :'I agree to pay the filing fee, advertising in newspaper, and incidental expe ses* • � Sl nature of Petltlo ergs),. `I Everya ication for'action by the Board shall be made on a form approved by.. the Board. These •forms shall be furnished by the Clerk upon request. jAny communication purporting to be an application shall be trented as mere ' 'notice of intention to seek relief until such time -as it is -made on the officiaL application form. ALL information *called -for by the form shall ' be furnished by the applicant in the manner'ghcrein:-prescribed. t .Every -application shall be submitted with a list of "['attics In Interest". i.whi list sIla IL•inc1ude .the petil•ione r,.abutters, ownern o land directly 1opposite on any public or private street or way, and abutters to the ;abutters ;within' three hundred feet (300') of the property line of the '.petitioner as they appear•on the most recent applicable tax list, .inotwithstanding that the land of any such owner is located in another city..'.:';� or town, the Planning Board of the city or town,, and the Planning Board of � : •';.�: :every abutting city or town. *Every application shall be submitted with an application charge cost in :the amount' of $2,5.00. In addition, the petitioner shall be responsible `'N !.=; ;•' :for any. and all costs involved in bringing the petition before the Board. r:,.;;, Such. costs sha1L include mailing and publication, but are not necessarily, -limited to these. ) ' Every application shall be submitted with a plan of land approved by the Board.* No petition will be brought before the Board unles said plan has ;'•' ' 1 t 7' lans are been submitted. Copies of r_ the hoard s rcqu remn s rcgarcing p attached'hereto or are available from the Board of Appeals upon request. Lls•r OF PAIVI'IES IN IN'rmtEs,r USS NCxr LIST OF PARTIES OF INTEREST SUBJECT: P.ROPER`f'Y it MAP. IPARCEL ILOT JADDRESS 55/69 jAndover Mills Realty 1433 N. Camden Dr. Suite 960 NIU -A N. Andover INC Beverly Hills, CA 90210 MAP PARCEL LOT NAME ADDRESS 55 49 1 Barbara Eldredge 142 Water Street 9 45 2 David A Petrow 150 Water Street William A. Petr6w 69 44 Irving—S. Bluestein 61 Bri htwood Ave. 69 4 4 Ra and & Susan Torrisi 162 Water Street 69 42 5 Edna M. Chamberlan 168 Water Street 69 41 6 Kennith & Elenor Swasey 174 Water Street 69 40 7 Hollis & Marion Curtis 180 Water Street 6q '�q 8 Dennis & Yvonne George rL; r1pvpdgn Street 69 38 9 Jac ues & Caroline Gui uizian 19 Buttonwood Ave. E;7�vprhillMiq —67 36 10 Charles & Linda Fucca -4 E. Water Street 26 1 Arthur & Kathleen Pearse 6 E. Water Street 55 3 John & Lauretta Wilson 131 Water Street 55 2 William & George Aspinall 125 Water Street 55 0 Vincent Landens 40 Court e 54 3 Augustine & Grace Depsris 52 Elmcrest Dr. 83 2 Meadowview Cond. 68 7 Kenneth S. Tokarz 55 Prescott Street Karen Bailey 68 8 Michael & Christine Rodden 47 Prescott Street 68 9 Clifton & Ann Waldrep 39 Prescott Street 68 5 EJW Realty Trust 21 N. Main Street 68 6 Leonard & Barbara Enaire 14 Prescott Street 01\1� I0 01830 • PLAN OF LAND TO ACCOMPANY PE'TI'TION 1 , ' J f:ach application and petition to tile. Board shall. be accompanied by five (5) copies of the f.ol.Lowing described plan: • The size of the plan shall be 11 x 17, drawn to scale, L inch equals 40 feet; it shall have a north point, names of streets, zoning districts, names and arldr.esses of owners of properties f ! within a minimum of 200 feet of the subject property, property Iz ? lines and .location of buildings on surrounding properties. The + location of buiLdings or u,e of the property where a variarnce is requested and distances from adjacent buildings and property Lines shall be verified in the field and shown on the plan. The dimensions of the Lot and the percentage of the lot coverer] by the } principal and accessory buildings and the required parking spaces '$ shall be shown. Entrances, exits, driveways, etc. that are pertinent to the granting of the variance shall be shown. Al proposed data shall be shown in red. 'x Any topographical feature of the parcel of land relied upon for a variance, such as ledge, rock peat, or natural condition of water, 5 brook, or river, shall be shorn on the engineering plan. When a .t variance is requesters to subdivide a parcel of land, the dimcn- sions and area of the surrounding lots may be taken from the deed or Lotting plan for corn parison of the size of the lots in the neighborhood, noted on the plan as such, and marked "approximate". 'Phe plan shalt be signed and bear the seal of a registered surveyor or engineer.. Any plans presented with the petition shall. remain a part of the records of: the Board of Appeals. If Living quarters are to be rcmodeted, or areas are to be converted into living quarters, in addition to the plot pl.an, five (5) copies of the following described plans shall be furnished: 1. A floor plan of each floor on which remodeling is to be done or areas converted into living quarters; 3 2. A floor plan showing the stairways, halls, doors opening into the halls, and exit dogs of each floor or floors where no re- modeling or converting is to be clone; 3. The plans and elevations shall show all existing work. AI. 1. proposed work shall be shown in reed. The size of each plan shall be It x L7 or 17 x 22; it shalt be drawn to scale, L/4 inch equals one foot. All plans and elev•atLons prescnted with the petition shall remain a part of the records of the Board of. Appeals. For petitions requesti. rig v,..iation(s) from tree pr.ovision:; of Section 7, Paragrpahs 7.1, 7.2., 7.3, and 7.4 and 'faille 2 of the Zoning rly l,aw for conveyance purposes only, a plot Alin, certified by a registered engineer or Land surveyor, of the parcel of t;urd with a structure thereon being conveyed, will he acceptable to the Board of AppnaLs provided: 1. The dwelLing(s), structure(s), or huilding(s) were constructed prior to March 14, 1977. r 2. The petition is not to al.low constructiof, or alteration to the dwelling(s), structure(s), or buiLding(s) which will re- su.lt in the need for the issuance of a building permit. 3. The size of the plan ,';al.l he no sin, -or than R 1/2 x 11 inches and must show the exi.stinq area of the parcel., the existing frontage, nal the existin3 setbacks of the dwell[rig(s), structure(s), or huilrlinq(s) beinq conv^ycd. 4. Proper space is provided on the 1)1(-)L plan for the 13r)nr<1's signatures, as well as ;,teary., srncc for the fol nk ing information: date of filing, data of publ i.e_ hearing -.l, and date of. approval. BENNETT & PLESS INCORPORATED . 1900 Century Place Suite 300 Atlanta, GA 30345 404 325-2000 FAX 404 325-2716 September 12, 1991 Ms. Karen Bilbrey EDS Video Services 3490 Piedmont Road Atlanta, Georgia 30305 C o n s u l t i n g S t r u c t u r a l E n g i n e e r s RE: 1.8M Antenna and Cushioned Cross Roof Mount Cylix-Moduson One High Street North Andover, MA B&P Job No. 91030.85 Dear Karen: 930 McCallie Ave Suite 100 Chattanooga, TN 37403 615 756-7943 Bennett & Pless, Inc. has evaluated the cushioned cross roof mount for the above referenced project. The mount can be located on roof directly over an interior column, while providing adequate factors of safety for a wind speed of 80 miles per hour at a height of 50 feet above the ground per ANSI A58.1-1982, Exposure "Ctt. If you should have any questions or if we can be of further assistance, please do not hesitate to contact us. Sincerely, BENNETT & PLESS, INC. eT.ss, P.E President tl BENNETT & PLESS INCORPORATED . . . . . . . . . . . . . . . . . . . . . . . inh name job # ... ?/ . sheet ................ I date by...... �'� .. . ................................... chk'd . ............................................ of.................. . . . . . . . . . . . C-> c:)2-5 2. x BENNETT & PLESS INCORPORATED . . . . . . . . . . . . . . . . . . . . . . . inh name job # ... ?/ . sheet ................ I date by...... �'� .. . ................................... chk'd . ............................................ of.................. CUSHIONED CROSS ROOF MOUNT (CCRM) "Shiskabob" (Patent Pending) INDEX PAGE NO. DESCRIPTION 2 Concrete Block Quantity & Type, Shipping Info, Tool List 3 Part Numbers and Descriptions 4-5 Application Instructions (Where can the CCRM be used) 6 Roof Structure Considerations 7-14 Installation Instructions 15-16 Nut Tightening Sequence — -- — VideoStar Connections, Inc. 3490 Piedmont Road Atlanta, Georgia 30305-1753 OWN 21 ENGR INSTALLATION 'MANUAL 7 Z7 CHK`,;,_, �a1,,e -21, CUSHIONED CROSS ROOF MOUNT (CCRM) APV (Non -penetrating Roof Mount) PRO Smi NAME / NO. ! ADDRESS SIZE TRUE DRAWING N0. REV PM)ATH k 1r)-1101 A L." CUSHIONED CROSS ROOF MOUNT (CCRM) GENERAL INFORMATION > CONCRETE BLOCK (BALLAST) DESCRIPTION Quantity: 35 Size- :,8" x 8" x 16" Type : 2 or 3 cell concrete block Weight : Approximately 30,pounds > SHIPPING/RECEIVING INFORMATION The Cushioned Cross Roof Mount (CCRM) is shipped in the following two (2) boxes: Quantity Size Weight Part number Contents -------- ---- ------ ----------- --------- 1 411x4"x69" 69 lbs. 20-1269 8 Threaded rods, 4 angle braces, 1 mast, 1 hardware bag. 1 20"x10.5"x8" 69 lbs. 20-1270 2 rolls of rubber (4 pieces), 4 end plates, 4 angle brace plates, 1 flat plate, 1 mast_ support plate, 1 hardware bag. Figure 1 presents a sketch of each part and defines the total quantity required of each. > RECOMMENDED TOOL LIST Quanti.ty Tool Name -------- --------- 2 3/4 wrenches 1 11/16 open end wrench 1 pliers 1 Rake or shovel - to remove rocks 1 Broom - to sweep away dirt and small rocks i. P/N 20-1274 RUBBER PAD 4 REQD •20-1285 .THREADED••D 8 REQD kfo Q Q o P/N 20-1220 FLAT PLATE 1 REQD v MAST SUPPORT PLATE 1 REQD . 9 9 0 0 P/N 20-1222 ANGLE BRACE PLATE 4 REQD Q GI P/N 20-1223 END PLATE 4 REQD 0 o P/N 2.0-1219 MAST 1 REQD o P/N 20-1256 7 P/N 20-1225 P/N 20-1224 0 o P/N 20-1261 ANGLE BRACES 1 EA REQD Figure 1 HARDWARE LIST PART NO. QTY DESCRIPTION 20-1058 26 1/2 FLAT WASHER 20-1059 36 1/2-13 HEX NUT 20-1271 4 1/2 YOKE CLEVIS _.. 20-1272 4 1/2 CLEVIS PIN 20-1273 4 1/8 COTTER PIN 20-1057 1 1/2 x 3 1/2 U -BOLT 20-1288 4 1/2-13 x 1 HEX BOLT 20-1286 4 1/2-13 x 5 HEX BOLT 20-1287 2 1/2-13 COUPLING 20-1291 8 1/2 LOCK WASHER Figure 1 (1) (2) ( 3 ) (4) CUSHIONED CROS, ROOF MOUNT (CCRM) APPLICATION INSTRUCTIONS Locate your installation site on the Wind Speed Map (10-1008) on. the next page. Determine the design wind speed from the map for your location. Select the proper exposure factor (B or C) as described below. Exposure B: Urban and suburban areas, wooded areas, or other terrain with numerous closely spaced obstructions having the size of single family dwellings or larger. Obstructions must extend 1500 feet in all directions from the building. Exposure C: Open terrain with widely scattered obstructions having heights generally less than 30 feet. Includes flat, open. country and grasslands. Using the design wind speed and the exposure factor., determine the maximum building height from the table below: If the actual building height is taller than the height given in the table, then the CCRM cannot be installed at ,this site. Design Wind IExposure B Speed Maximum Building (mph) Height (Feet) 70 450 75 300 80 208 85 146 90 102 93* 84 95 74 100 54 105 40 110 30 115 23 120 17 122 ** 15 * Maximum wind speed for exposure C ** Maximum wind speed for exposure B Exposure C Maximum Building Height (Feet) ---------------- 200 109 61 35 20 15 N/A N/A N/A N/A N/A N/A N/A L r I AMERICAN NATIONAL STANDARD A58.1-1982 CUSHIONED CROSS ROOF MOUNT (CCRM) ROOF STRUCTURE.CONSIDERATIONS The CCRM is designed to be mounted on roofs with a design live load specification of,20 psf or greater. IMPORTANT NOTE: In snow regions the CCRM must be mounted over a roof support column or main roof—supppport beam (not just a bar joist). If this is not possible then snow loads must be considered for this installation. Contact your customers' project manager immediately. Figure 2 shows the preferred orientation for the mount relative to the building structure. The preferred orientation has the legs of the X installed crosswise to the roof structure. Also shown is an acceptable orientation with the legs parallel to the roof structure. EDGE OF BUILDING BAR JOIST OR BEAM \ [YAWL EDGE OF BUILDING BAR JOIST OR BEAM MOUNT J\- ROOF I I-= �- -=- '=- - �_ ROOF PREFERRED ORIENTATION ACCEPTABLE ORIENTATION (Mount can be placed (One leg must be placed anywhere on roof) over bar joist or beam) Fi rtnrn 7 CUSHIONED CROSS ROOF MOUNT (CCRM) INSTALLATION INSTRUCTIONS (1) Select the installation area. Locate South and plan to direct the longest CCRM leg in a Southerly direction. This will allow the widest azimuth travel for the satellite dish. Note: In snow regions the CCRM must be mounted over a roof support column or main support beam (not just a bar joist). If this is not possible then snow loads must be considered for this installation. Contact your customer's project manager immediately. (2) Clean the installation area by removing all loose materials in the area of the "X" shape, including all loose roof stones.. (3) Lay the 4 rubber.roof pads in the cleaned area to create the "X" shape. One pad of the longest leg should point generally South. Mil 611 Point This Leg of Cross Generally SOUTH Fivure 3 12' 9" Longest Leg CUSHIONED CROSS ROOF MOUNT (CCRM) INSTALLATION INSTRUCTIONS (CONT.) (4) Attach 2. threaded rods together by: (A) Run 1 nut, 3/4" onto the end of 2 threaded rods. (B) Fasten these 2 rods by threading a coupling against the nuts. (C) Fully tighten each nut against the coupling. (5) Repeat step 4. You now have 2 rods, 11 1/2 feet long. Threaded Rod Nut .75 .75 11Ht�i Coupling Figure 4 Threaded Rod Nut (6) Place one concrete block in the center of the "X" as shown below. i Note the orientation of the block. Run one 12' threaded rod -' assembly through each cell o t e concrete block. (Through the outer cells for a 3 cell block.) . nr nrr .m mon rWMTRR Figure 5 CUSHIONED CROSS ROOF MOUNT (CCRM) INSTALLATION INSTRUCTIONS (cont.) (7) Skewer the flat plate and the mast support plate onto the threaded rods on opposite sides of the block. Note direction of angle on mast support plate. Center the plates on the block. Mast Support Plate CENTER BLOCK r (Flange Coward flat I plate) Flat Plate Plates Centered on Block South, 04010" Figure 6 (8) Skewer concrete blocks and -2 -,angle brace plates on the threaded rods as shown. Snug blocks close together and keep in a straight line. Rubber Pad --� Center Block Angle Brace Plate (Flange toward center block) Rubber Pad SOUTH Figure 7 Angle Brace Plate (Flange toward center block) CUSHIONED CROSS ROOF MOUNT (CCRM) INSTALLATION INSTRUCTIONS (cont.) IMPORTANT NOTE: NUTS SHOULD BE ONLY HAND TIGHTENED UNTIL SPECIFIC INSTRUCTIONS ARE GIVEN FOR FULL TIGHTENING. (9) Skewer an end plate onto the threaded rods against each end block. Note the "Dimples" and lower flange protrude outward, away from the block. Install flat washers and nuts. Hand tighten only. 1 �4 End Plate ' (Dimples toward outside, flange out on bottom) Figure 8 2.5"-3.0" EXPOSED THREADED ROD Flat Washer Nut CUSHIONED CROSS ROOF MOUNT (CCRM) INSTALLATION INSTRUCTIONS (cont.) (10) Screw a nut about 3/4 inch onto one end of each of the 4 remaining threaded rods. Screw a clevis down to each.nut and fully tighten the nut against the clevis. .75 jri Threaded Rod Nut Cleo_., Figure 9 (11) Attach each clevis to the "ears" of the flat plate and mast support plate using clevis pins and cotter pins. Bend the cotter pins to insure they cannot fall out during assembly. Cotter Pin Clevis Pin Flat P. Clevis Thread+ Figure 10 CUSHIONED CROSS ROOF MOUNT (CCRM) INSTALLATION INSTRUCTIONS (cont.) �_, (12) Skewer concrete blocks and 2 angle brace plates on the threaded rods as shown. Snug close.together and.keep in a straight line. Install end Angle plates, flat washers and nuts conte as shown in Figure 8.`, Hand tighten only. Angl( (Flay cents Figure 11 SOUTH (13) Determine the top of the mast as shown. Stand the mast on the center block against the mast support plate. Install U -bolt, flat washers and nuts. Hand tig4ten only. U—BOLT FLAT WASHERS 'NUTS DETERMINED BY rANCE TO FIRST 4.2") CUSHIONED CROSS ROOF MOUNT (CCRM) INSTALLATION INSTRUCTIONS (cont.) (14) Select the longest angle brace of the 4 provided. Rotate the mast to get the top hole into the proper position as shown. Install one end of the angle brace at the to hole of the mast using a long bolt (5"), 2 flat washers, aoc washer and a nut. Hand tighten only. Install the other end under the angle brace bracket using a short bolt (1"), 2 flat washers, a lock washer and a nut. Hand tighten only. LONGEST ANGLE BRACE INSTALL THIS HOLE TO MAST TOP HOLE FLAT WASHER LONG BOLT IN TOP HOLE OF MAST SOUTH THIS EDGE GOES AGAINST THE CONCRETE BLOCK FLAT WASHER LOCK WASHER \ � NUT ANGLE BRACE BOLT AND FLAT HASHER - FLAT WASHER \LOCK HASHER T- NUT USE THIS HOLE IN ANGLE BRACE PLATE BLOCKS ANGLE BRACE PLATE -- BOTTOM EDGE AGAINST RUBBER PAD CUSHIONED CROSS ROOF MOUNT (CCRM) INSTALLATION INSTRUCTIONS (CONT.) (15) Install tha .,.-emaining angle braces as shown. Hand tighten only. Figure 14 BRACE LEST ANGLE BRACE ZES ON SAME SIDE FFERENT HEIGHTS. f CUSHIONED CROSS ROOF MOUNT (.CCRM) INSTALLATION INSTRUCTIONS (CONT.) (16) IMPORTANT- Snug and ci'ghten nuts on the threaded rods with the .following procedure: (A) "Snug" nut 1 while holding nut 3. (Refer to Figure 17 when 1 person is installing) NOTE: When a nut is "snug", any slack in the system (including space between blocks) is removed. The nut should not be fully tightened. , (B) "Snug" nut 2 while holding nut 4. (C) "Resnug" nut 1 w ile holding nut 3. (D) Tighten nuts 1 and 2 three (3) full turns (or 6 half turns). Remember to hold nuts 3 and 4 on the opposite ends. (E) "Snug" nut 5. (F) "Snug" nut 6. (G) "Resnug" nut 5. (H) Tighten nuts 5 and 6 three (3) full turns (or 6 half turns). (I) Repeat steps E thru H for nuts 7 and 8. This can be done simultaneously with nuts 5 and 6 when two installers are available. 5 6 7� 8 ( SOUTH Figure 15 ;H ( PERSON 1 2 ) TIGHTENING SEQUENCE CONTINUED ON NEXT PAGE CUSHIONED CROSS ROOF MOUNT (CCRM) INSTALLATION INSTRUCTIONS (CONT.) L11 (J) Add a second "jam" nut ;positions 1,2,3,4,5,6,7,8 and tighten against the first nut. AFTER FIRST NUT IS PROPERLY TIGHTENED, ADD SECOND NUT TO EACH THREADED ROD. AND TIGHTEN. WITH ONE PERSI WRENCH CAN BE AS SHOWN TO HI WHILE THE NUT END IS TIGHTS Figure 16 Figure 17 (17) Tighten the 2 U -bolt nuts and add a second nut to each. -Tighten the second nuts. (18) Tighten the bolts at both ends of the 4 angle braces (8 places). (19) Apply cold galvanizing spray to the exposed ends of the eight (8) threaded rods. (20) Install the 1.8 Meter Antenna Assembly. NOTE; For the Prodelin 1.8 M Antenna, use the lowest mounting hole pattern on the "reflector support tube." This will lift the antenna to its highest point above the CCRM. AMBILL TRACKING NUMBER -2-9&6-673934 PACKAGE QUESTIONJOI-5 W304111E 1206N 298687393L Date A&,T�z- -��f��T!S_COPY_ t -IX -1 . .. ... . ... rom (Your Name) Please Print Your Phone Number (Very Im To (Recipient's Name) Please Print Recipient's Phone Number (Very Important) , Ao� LA qd �ZT �7 Company Depart a t/Floor No. company Department/ Floor No COMMUNICA7IONS LINK CORP as or P 0. Zip Codes.) ,� I C . / - W_OA� -ce— eet'Address Exact Street Addresp _ffle Carviat Defive, to P. 0. 770R WATER"` ST.- Aao- M0�_r1____S fip Required StatW---'--r —ZIP Re qUi,ed FRAMINGHAM- Mli .0 1 7_0'1 1 0 G, YOUR INTERNAL BILLING REFERENCE INFORMATION, (First 24 characters will appear on invoice.) IF HOLD FOR PICK-UP, Phnif FEDE)(Address Here Street Address rYMENT I N Bill Sender 2 Bill RecipientfFedEx AcEl. No, 3 Lj Bill 3rd Party FedEx Acct. No 4 Bill Credit Card City State Ip Required % 1:1 Cashf 5 Check SERVICES DELIVERYAND SPECIAL HANDLING "S WEIGHT Emp. No. Date (Check only one box) (Check services required) Federal Express Use 0* 7_1 r—h P--H Base C harges C] Return Shipment Priority Overnight Standard Overnight : (De" by — b.— .,.Vt) Da1,cybynWb—eft—fl 1 f HOL . D FOR PICK-UP [Fillh� C] Third Party E] Chq To Del. E] Chg, To Hold , �_ I 11 YOUR ,,, 51 pYAOCUK&GING 2 DELIVER WEEKDAY Declared Value Charge Street Address DELIVER SATURDAY (E.Im charge) )16 F-1 PFAEDCIKX4 LETTER 56 FEDEX LETTER 3 (Nel—OW t. al 1-6—) Other 1 - 12 R FEDEX PAK.- 52 FEDEX 11 4 F-1 DANGEROUS GOODS(twachafge) City State Zip, 13 11 FEDEXBOX— �_3_070�80--_ Total Tota Receive y::: 54 W FEDEX TUBE L-1- Total Charges 14 [:] FEDEX TUBE 701 DRY ICE Economy Two-Doy Gctvemment Overnight 7 R OTHER SPECIAL SERVICE DIM SHIPMENT (Chargeable Weight) (fiahaqcylb.kre��d.yf) fWVhJafhevhd* Date/Time Received FedEx Employee Number REVISION DATE 4/91 30 n ECONOMY 46 O.GOV7 LETTER 8 E]. 'Ibs. PART #137204 NCREC 7/61 I SATURDAYPICK-UP FORMAT 4082 141 [:]AA0C`.' GE 9 [:] I . charge) (Ext x x fle, &0a 298eiVy S�SOC`gf�C& 150 Jbs) o El Received At lease OVERNIGH 70 F-] FREIGHT -� 80 TWO-DAY Regular Stop 3 0 Drop Box Signature.� FREIGHT P, Atill 'FE "R 'S HOLIDAY var-y*=W itinant .y DELIVERY or onahed) 4 0 B.S.C. FedEx If Date/Time J S.X 4 tDa, El (E,lm charge) Emp. NSO 7 1 I be later in � areas —call, -Call Stop 5 0 Swicen MULTIPLE PACKAGE SERVICE IF YOU ARE MAKING AN MPS SHIPMENT, APPLY THE SELF ADHESIVE MPS COPY HERE TEREIS A110 C00=00S DEFIC.7MOUS On this Airbill, we, our and us refer to Federal Express Corporation, its employees and agents. You and your refer to the sender, its employees and agents. AMEEVE11T TO TERMS By giving us yourpackage to deliver, you agree to all the terms on this Airb;:l and in our current Service Gu�de, which is availab!e on request If there is a conflict between the current Service Guide and this Airbill, the Service Guide will control. No one is authorized to after or modify the terms of our Agreement nESP63SWILITY F011 PA CKA GIZD A 110 COOK ET11;B ARIBILL You are responsible for adequately packaging your goods and for property filling out this Airbill. Omission of the number of packages and weight per package from this Alrbill will result in a billing based on our best estimate of the number of packages received from you and an estimated "detautV'weight per package, as determined and periodicallyadjusted by US. AIR TRAMPORTATION TAX INCLUDED Our basic rate includes a federal tax required by Internet Revenue Code Seclion 4271 on1he air transpprtation portion of this service. 4WIT,4TIOUS ON DO LIABILITY LIABlitTIES COTASSUMED - Our I;abi:ity fix1oss or damage to your packageis limited to your actual damages or $100;,w�!chover is less, unless you pay for and declare a higher authorked value. We do not provide cargo liability insurance, but you may pay ilnaddifi6nilCh�arge for each additional $100 of declared value. If you declare a bigh6i value and pay the additional charge, our liability will be the)ess& of your de0ared value or the actual value of your package. I ' -` In any ever� we.M:l not -b-, liable for any damages, whether direcL incidental, special or Consequential in excessof the declared value of a shipment, whether or not Federal Express had knowledge that such damages might be incurred including,- but not limited to, loss of income or profits. We won't be liable for your acts or omissions, including but not limited to improper or Insufficient packing, securing, marking or addressing, or for the acts or omissions of the recipient or anyone else with an interest in the package. Also, we won't be liable if you or the recipient violates any of the terms of our agreement. We won't be liable for loss of or damage to shipments of prohibited items. ' We won't be fiable for km, damage or delay caused by events we cannot control, including but not limited to acts of God. penis of the air, weather conditions, acts of pub!;c enemies, war, strikes, civil commotions. oracts or oftssions of pub!;c authorities (including cpstornsand quarantine officials) with actual or apparent authority. VECLACED IIALUE LIEWS - The highest declared value we al:ow for FedEx Letter and FedEx Pak shipments is $100. For other shipments, the highest declared value we allow Is $25,000 uniess your package contains items of "extraordinary value:'inwh; h case the Nghest declared value we allow is $500. Items of 'c 'exLraor(inaiyva!ue,"ndudeanworKiewel,ry,knpTdousn-tetat�,nego6ade instruments, and other items listed in our current Service Guide. IfYQULsend morelhan one packageon this Airbill, you mayfill in thetotal declared Value for all packages,pat to exceed the $t00, $500 or $25.0G0 per package limit.described above. (Examp!e: 5 packages can have a total declared value of up to $125,000.) If more than one package is shipped or�this airbll, our liability for loss or damage will be limited to Ithe actu�,l value of the package(s) lost or damaged (not to exceed the lesser of the total declared value or the per package imits described above).You have the responsibility of proving the actual loss or damage. FILIN2 A CLAE'l ALL CLAIMS MUST BE MADE BY YOU IN WRITING: You must not"y us of your claim within strict time limits. See current Service Guide. . We'll 'consider your claim filed if you call and notify our Customer Service Department at 800-238-5355 and notify us in writing as soon as possible. Within 9P deA after you hofify us 91 your 4�laim,Jyou must send us all relevantinform�tion AborA it. We.are not ob!",ghted to aclon any claim until you have paid all transportation charges, and you may not deduct the amount of your claim from those charges. If the recipient accepts your package withoa no6g any damage on the delivery record, we will assume that the package was delivered in good condition. In order for us to process your claim, you rrKist, to the extent possible, make the original shipping cartons and packing available for inspection, FIGHT TO ICSPECT We may.,atour option, open and inspectypur packages pniorto or after you give "m to us to deliver. CO C.O.D. SEH17CES NO C.O.D. SERVICES ON THIS AIRBILL If C.O.D. Service is required, please use a Federal Express C.O.D. airbill for this purpose. HESPODSIBILITY FOR MYCIEUT Even if you give us different payment instructions, you will always be primarily responsible for all delivery costs, as well as any costs we may incur in either returning your package to you or warehousing it pending disposition. JU:-r)T OF 17EJECT10r) We reserve the right to reject a sh,,pment at any time, when such shipment wouldbe likely to cause damage or delay to other shipments, equipment or personnel, or if the transportation of which is prohibited by law or is in violation of any rules contained in this Airbill or our current Service Guide. 00CEY-DAC11 OU411AHISE In the event of untimely deNvery, Federal Express will at your request and with some limitations, refund or ciedil all transporlation charges. See current Service Guide for further information. Part #137204/137205 Rev. 4/91 1 � . TOWN OF NORTH ANDOVER MASSACHUSETTS r BOARD OF APPEALS hs Link Service Corp. Date:_ Qctober•_24 1991 street MA 01701 copy of the legal notice for your application before ppeals. P 12.76 for the following: R 12.65 be made payable to the Town of North Andover and my attention at the Town Office Building, 120 Main ndover, Mass. 01845. Sincerely, BOARD OF APPEALS i r ` Linda Dufresne, Clerk ❑ Variance, vSpedlinl, Permit APPLICATION FILED ON: jg� DECISION ftN:� a w 0 0�° MADEIMUSA PM Q32 W 0 0 F�' 43�-U 1'4,•Si �� :l i t i � r s't LL i. r A,,,... .�.(. O• t'.I �r F• AI1147A ifs ice• 1886: r� TOWN OF NORTH ANDOVER MASSACHUSETTS ' BOARD OF APPEALS NOTICE October-25 ............19..9.1 .� Notice is hereby given that the Board of Appeals will give a hearing at the Town Building, North Andover, on- Tuesday . :I evening.... ... the . 12 . day of . -November ....... ..... 19.9.1 , at 7 : 3.(b'clock, to all parties interested in the appeal of Communications. Link. Service Inc. for Andover Mills Realty . g ..... of the Zoning .... � requesting a variation of Sec... 8, 6....... . By Law so as to permit.. installation of, one 6 foot ;i satel.1it, antenna .................................... ...................................................... ...................................................... ...................................................... on the premises, located at.. One .High. Street ............. ' By Order of the Board of Appeals Frank Serio, jr., Chairman Publish in N.A. Citizen on October 30 & Nov. 6, 1991 Bill to: Communications Link Service, Inc. R770 Water St., :.. Framingham, MA 01701 h z F- 0 01% 111 00 rt (D 0 .:i cn m rt (D fD rt C) 00 -r- un AW Pas z 1-4 w o 0 o CL > 0 0 =3 ::: — CL 0 CO Tn Z5 AW Pas IP Zoning Board of Appeals North Andover Hearing No.: ZBA-2007-0068 Date: November 29, 2007 APPLICATION TYPE: SUBMISSION DATE: Special Permit Mon Oct 29, 1984 Applicant's Name: NAME: NAM PARTNERS LIMITED PARTNER C/O FU ADDRESS: 303 CONGRESS STREET TOWN: BOSTON STATE: MA I ZIP CODE: 02210 PHONE NO.: FAX NO.: EMAIL ADDRESS: Site Information: Owner's Name: NAME: NAM PARTNERS LIMITED PARTNER C/O FU ADDRESS: 303 CONGRESS STREET TOWN: BOSTON STATE: MA ZIP CODE: 02210 PHONE NO.: FAX NO.: EMAIL ADDRESS: Work Location.: SITE ZONING: ELM STREET DECISION DRAFT BY: TOWN: SECTION OF BYLAW: NORTH ANDOVER, MA 01845 Section 4 GIS # MAP: BLOCK: LOT: ACTION TAKEN: 4279 1 069.0 0001 I Granted with conditions Reason for filing: SP from 4.11(3) in order to extend an I -S use (2 -level Parking garage) into the abutting R-4 zone. HARDSHIP: FINDINGS: COULD NOT DEROGATE BECAUSE: FILING DEADLINE: MAILING DATE: HEARING CONTINUED DATE: DECISION DRAFT BY: APPEAL DATE: Mon Dec 03, 1984 REFERRALS IN DATE: HEARING DEADLINE DATE: HEARING CLOSE DATE: FINAL SIGNING BY: APPEAL DEADLINE: Wed Jan 02, 1985 Mon Nov 19, 1984 Mon Dec 03, 1984 Mon Dec 10, 1984 FIRST ADVERTISING DATE: HEARING DATE: VOTING DATE: DECISION DATE: - Mon Nov 19, 1984 Mon Nov 19, 1984 SECOND ADVERTISING DATE: HEARING TIME: VOTING DEADLINE: DECISION DEADLINE: Sun Jan 27, 1985 Sun Jan 27, 1985 MEMBERS PRESENT: VOTE: MOTION MADE BY: SECONDED BY: VOTE COUNT: DECISION: MINUTES OF MEETING: 1. all lights focus down. 2. two levels only, ground & 1 level. 3. remaining R-4 be level & green, no building, no paving, no parking. 4. Meet with other Boards under Site Plan Review prior to the issuance of a building permit. GeoTMS®1998 Des Lauriers & Associates, Inc. Legal Notice'l TOWN OF NORTH ANDOVER BOARD OF APPEALS NOTICE October 29, 1984 Notice is hereby given that the Board of Appeals will give a hearing at the Town Building, North Andover, on Monday evening, the 19th day of November 1984, at 7:30 O'clock, to all,parties interested in the appeal of North Andover Mills Realty, Ltd., requesting a Special Permit under Section 4, Paragraph 4.11(3) of the Zoning By Law SO as to permit the ex- tension of an industrial S zone into a Re;idenfial zone so as to allow the construction of a one level parking deck on the i premises, located at 38 High St. By Order of the Board of Ap- peals. Frank SV0,;4-r-A C�hhx� L Publish N.A. Citizen: N . 1 and 8, 1984 Y HORri� t r �Ss�cHus�t TOWN OF NORTH ANDOVER MASSACHUSETTS w BOARD OF APPEALS May 14, 1985 Mrs. Laurette Wilson 131 Water Street __- - - - North Andover, MA 01845 Dear Mrs. Wilson: The Board of Appeals received your letter dated May 10, 1985 re- garding the placement of driveways on Water StreE::. When the petition of North Andover Mills Realty,,Ltd. was sub-. mitted to this Board, all parties as required by iaw were notified of the date, time, and place of the public hearing. ,Sincerely, BOARD OF APPEALS Frank Serio, Jr., Chairman FS/Jw �I 1 1 I 131 water St. N. Andover, Ma. May 10,1985 To: Frank Serio, Jr., Chairman Board os Appeals Town of North Andover Why Were not the abutters notified of the closing of High St. entrance and transferred to Water St. where there are two new entrances? Ny home and Aspinalls are directly opposite bne-tof these entrances (driveways). Three cars have been totaled on this street in our immediate neighborhood in the past year or so, while parked in front of their homes (including my sons°s). Since Pleasant St, has become one-way, Water St. takes a lot more traffic. If I park in front of my house, I shall be in line with cars going in this new driveway. My neighbor and I extremely object to this entral.ce,. Please let me hear from you. Lauretta S. Wilson Copy to Selectman RECEMI) DANIEL MING TOWM CLEF; I; - �`a NOnTN' � r s �. �� a$ �8� .• 1855 • • Any appeal shall be filed DEC 3 g., .qs••• �,�:� within (20) days after the ► SAciiuS , �`'•*•Y" date of filing of this Notice TOWN OF NORTH ANDOVER in the Office of the Town MAS�NCHUSETTS Clerk. BOARD OF APPEALS NOTICE OF DECISION Date .... November 26,..1984 . Petition No...... 5 7.--. ` 8.4 ......... Date of Hearing .. N o.v a m.4 a r..19. , . 19 8 4 Petition.of M1Lk.S. UNLTY., . L.I. UEQ....... :........ ............. Premises affected ..3. $ -.4.3 ...H. i. g.h ..St. r. e.e t ... .......... ............................. . Referring to the above petition for a v&iMiaix 1rbmAh6 xogairma vt9c�fxtho . Sp a c.i. a l .. P. e.r.m i t u.n.de.r . $e.ct.i.on..4.,..Pa.r.ag.r.a p.h 4...11..( 3.).. o.f . t.he..Zon.i.n j..By..Law.............. so as to permit .the ex.te.ns i on. o.f,.a.n L -S zone into an ?-4 zone to t.h.e. c.on.s.tr.u.ct.i.on..of..a. one..Ie.v.gl..p4,rkin.g..Oer.k.,,.... After a public hearing given on the above date, the Board of Appeak voted to .. G.r a n.t ... the S.p e 0. a 1.. P ex m it ................. and hereby authorize the Bu: ling Inspector to issue a p w.i.thi.n. the.. rA zo.ne.'.. permit to .. c on. s t.r u c.t . t.h e . one. e.. l e.v a 1.. p a.r k i .n g ..d e c.k . for the construction of the above work, based upon the following conditions: (see attached conditions) ' RECEIVED DANIEL LONG TOn�K clDpVER North Andover Mills Realty, Limited NORT1?A? Petition No. 57-'84 November 26, 1984 DEC' 3 �0 3 ,f �i9 �8�f ; Conditions of Approval for Special Permit: 1. That all lighting be down lighti.ng. 2. That the structure be restricted to no'mor.e.than a total of two (2) levels (ground level plus one): 3'. That the remaining area in the R-4 di'stri'ct Je o,pen and green,' suitably landscaped, not built..upon, unpaved, and not parked upon. 4. That all conditions shall meet.with other towi, Boards and agencies under Site Plan Review prior to the issuance of a building permit. R£CEWED Town C, NORTH Ar:G�.,YER t pORTh 1 F 9 # s f r .y 1•no Ro-� CHUS TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS, Mr. Daniel Long, Town Clerk Town Office Building North Andover, Mass. Dear Mr. Long: Any appeal shall be filed within (20) days after- the date of filing of this Notice in the Office of the Town Clerk. Ncvember 26, 1984 N. A. Mills Realty, Ltd. 38- 43 'High Street Petition No. 57-'84 The Board of Appeals held a public hearing on Monday evening, November 19, 1994 upon the petition of North Andover Mill's Realty, Limited. The hearing was advertised in the .North Andover Citizen on November,1 and 8, 1984 and all 'abutters were notified by regular mail. The following members were present and voting: Frank, Serio, Jr., Chairman; William J. Sullivan; Augustine W.' Nickerson- and Associate Members Walter F. Soule and Maurice. S. Foulds.' The petitioner seeks a Special Permit under.Se,tion 4, Paragraph 4.11 (3) of the Zoning By Law so as to permit the extension of an Industrial -S (I -S) zone into a Residential -4 (L-4) zone to allow the construction of a one level parking,deok on prerises located at 38 High` Street The project engineer testified that the parcel is. the site of, the former Davis and -Furber Machine Company,-, .:he premises are being renovated and the appLicant prop?ses to e-ter_1,".the zoning line approximately fifteen feet (15') :into,'the R-4 ai-trict to allow the construction of a one level parking -deck. This proposal will be aesthetically more pleasing to the surrounding neighborhood as opposed to a three level_ deck which could be constructed under the Zoning By Law. Upon a motion made by Mr. Foulds and seconded by .Mr. Soule, the Board voted unanimously to grant the, Special Permit withthe following conditions: 1. That all lighting be down lighting. 2. That the structure be .restricted: to , no more than a total of two (2) levels (ground level plus one.).. 3. That the remaining area in the R-4 district be open and green, suitably Landscaped, not ''built upon, unpave 1, and not parked. upon. 4. That all conditions shall meet with other tDwn Boards and agencies under. Site Plan Review prior to th issuance ;of a building permit. RECEIVE DANIEL LONG TOM'P! CLERK NORTH NDOVER North Andover Mills '.Raa.lty, Limited , � (O 39 AN f � 38 High Street Petition No. 57-'84 November 26, 1984 Page 2 . In granting the Special -...Permit, the Board 'f4 Ac that Section 10.31 of t;ze Zoning By Law has been satisfied. In parti-,filar,, the Board finds that the specific site, being a mill in 'the process of extensive renovation., is an appropriate location for such a structure; that the use of a one -level deck will not adversely affect the neighborhood, where a three leve_ l deck 'would; that there will, be no nuisance or serious hazard to vehicles or pedestrians; and that adequate and appropriate facilities will be provided for the proper operation of the proposed use. Sincerely, BOARD OF APPEALS Fr ink Serio, Jr., Ch -i rman jw M O' t�eo 161 ti0 3? qa OG NORTH ANDOVER FIRE DEPARTMENT * _ a CENTRAL FIRE HEADQUARTERS 4 " 124 Main Street ��ssASNust��y North Andover, Mass. 01845 WILLIAM V. DOLAN Tel. (617) 686-3812 Chief of Department Date: 9 November, 1984 To: Mr. Frank Serio, Chairman No. Andover Board of Appeals From: Fire Chief Dolan The Town Planner and I have discussed the proposed 848 space parking facility for use at North Andover Mills and would request that the matter be referred to the Planning Board's site plan review prior to your approval. This would afford town departments an opportunity to make comment prior to the issuance of a building permit. Also, here is a copy of chapter 148 section 56 which was approved at the 1963 town meeting. If this section is applicable the matter would also have to be brought before the licensing commission. 9m, e� -ri /V 00.E William V. Dolan, Fire Chief Karen Nelson, 'I'own Planner "SMOKE DETECTORS SAVE LIVES" 6-3 SECTION 54. Dropping, etc., Lighted-Cigarettesi etc., Penalized. Whoever drops or throws from any,vehicle.while the same is upon a .public or private way running along,or near forest land or open fields., or,,except as permitted.byllaw., drops, -throws, deposits or.otherwise places in or, upon forest land, any lighted cigarette,. cigar, match, live ashes or other flaming or glowing substance, or any substance or things which in and of itself is.,likely to,'cause a,,fire, shall be punished by a fine of not more than one hundred dollars or by imprisonment for not more than thirty days. SECTION 55. 'Explosive Golf Balls. Whoever manufactures or sells or knowingly uses, or has -in posses- sion for the purpose of sale, any golf ball containing any acid, fluid, gas or other substance tending to cause the ball to explode and to inflict bodily injury shall for the first offence'be punished by a fine of not more than five hundred dollars, and for any subsequent offence by a fine of not more than one thousand dollars or by imprisonment for not more than one year, or both. SECTION 56. Licensing of Open -Air Parking Spaces; Penalty. : I , In any city or town.which accepts the provisions of, -this section, no person shall engage in the business of conducting or maintaining an open=air parking tpace without a license therefor granted, in the city, of Boston, by its commissioner of traffic and parking, and in any other city or town, by the local licensing authority, approved in.all cases by the head of the fire department. Each license granted under this sec- tion and the application therefor shall specify all the premises to be occupied by the licensee for the purpose of conducting the licensed 'business, the total.area of the space therein to be actually used for parking or storing vehicles', and the maximum number of vehicles to be - parked or.stored in such area. The fee for.each such license shall be such amount as may be established by the .authority granting the license, and said authority may reasonably classify said lic,enses and fees. Licenses granted hereunder shall expire onApril thirtieth following the .date of issue, or 'on such date as may bei.specified therein, and may be suspended or revoked by such authority and by the head of the fire'. department. Whoever, not.being-li--e.nsed,*enoa&es in a business required by this section to be licensed, or is concerned therein, or, being licensed, violates any condition of. his license . or engages in such business, or is concerned therein,. and any other place than that'desig- nated in his license or after notice to him that his .license has been suspended or revoked, shall be, punished by a fine'of not more than one Hundred dollars. The provisions of -this section. shall not, apply to any open-air parking space established.,Und.er:.paragraph (g)• of section three Of -chapter one hundred and sixty-one A or under paragraph (g) of section six of chapter one hundred and sixty-one ,B,and maintained or conducted by'the-Massachusetts Bay Transportation Authority or by an authority created under said chapter one hundred and sixty-one B or.a lessee or licensee thereof. 28 I a NORTH ANDOVER BUILDING DEPARTMENT 120 MAIN STREET NORTH ANDOVER, MA 01845 INSPECTOR OF BIIILDINGS TEL. 888-8102 ELECTRICAL INSPECTOR i GAS INSPECTOR November 19, 1984 Board of Appeals Town Office Building North Andover, Ma. Re: Petition of N.A. Mills Realty, Ltd. Gentlemen: The petitioner was referred to your Board because their proposed construction was not entirely within the Industrial Zone. Very truly yours, CHARLES H. FOSTER INSPECTOR OF BUILDINGS CHF: of f I 1 • AAJ 7 J L-3 - F s i4Dfl 14 P 610 / 7" e. r1.7- PjD�o--r- _40 i�) srz_ All I L] ri I 1 • AAJ - F s i4Dfl 14 P 610 / 7" A -UP, 0 1 S 3 0 /VO 2 14K400�/ IOE1467 In1GLS %yrs' 00(67"W 47/4, Nor•?�!n � r'__� �D� � �_ �.� �_.��.�� --- ✓.. YYI IJ S+ s74 r gip, ,, Y'�' C" :.(= � �Z 'J.,) �- �(� r � •�'� �c �-Jr�.a � �, � 1 � O _ _ _. -- , r rl 6 14 441e OJ /•.al�J �, �rz Yo Y) 6 r 6 4.5 VZ -2 T-1 1) 0 r6-774 q"z kolz�Ftl_ kwoc�)j P --,r r4A J) S 5 7 Det- C-,. 17" m � r&' -L- ()1('!' 0 1 E_ 4- 5 -2A. - f�e� - (I - - �, . __ 7 07 WJ_7�7)_ 7;J,/ ---------- -�- Off N (D I ec-5 A- 0 0 CF-- A 1) 0 r6-774 q"z kolz�Ftl_ kwoc�)j P --,r r4A J) S 5 7 Det- C-,. 17" m � r&' -L- ()1('!' 0 1 E_ 4- 5 -2A. - f�e� - (I - - �, . __ IJo f2: h4 A�j PO LaZ M < GL s R >!Jz7-Z S 1 4 6o*r srz r M4f2L Z,1 fir 1791- d �� _-- --- 12. S P(?-O-� Z -a 717 S'7` OV s I `= SDV--7- e n- ((II a No2��d � s �. A&TTC-leo To APOT l p t. e• .. ' RING IwNeRI'M� Motq �� } t1 r„ s t x ({,. >� :b+�. Ri (:,o (i�; !�1 iaAiYC'- i i., a n t A/01V rl orc✓ f 1 1 i� �d ade (1 For' a dari'r from the requirt.'Gir'nts of �ECt.10'i �`d:aQra�"' _. and i;',i;1 of tree Zuning by -1; aws. 10 Fc.,r :iSe(,' a i Pe -mi t under I U 0 ara!_j {)( 4, 14, r;. Sy -laws Cdrty aggrieved 4 a rir°C 1 Re i;y In,,pr-'ctor or other authority. es dffeC;',1 are land and leu} ^.,r.,t}ered q _ n `I S '. r e e t . es affec:a : re property with frontage ' F= North l";est O s ddje of T C a": P't'et . affected are i n Zoning a!i d t a d have an area of �,24� ACT? -,G c S t ! l L; . ifi t Owl:n; ;vc ,� n ) a� �a e aril �c.f:ar S t',i! owr`er � ,iy i _ N �� ��� �I►S Rei �L�d ft T 1-� S7��- ✓�%v�'LI 'a �✓ Mal SS �c i;att of purchase /I�I�g3 rrty I �u Al,er �Q_✓ ._ . _ - L) ) If applicant is not owner, check his int:. -rest in the premises: o(J� Pro.s�tr "uri ft,�t ;j, ,, r t r L P� 1 r IIIc , :)uild 2 2 2 _ Nc-- ich: 2 _stories; �1',, �j feet. Via} n rf ,it.e of erc,: on o�" ma a t r., ( 1 Al r - f /V A C , j'' f! j ! c i i c.' I .; 1 i_ {. lJ : t h i S. Pe 1. co.., sty e veil J"� t - r' i.L21 V.) The r•incipal points u;°oo which I Y A, ion are as follows: Kv t be stated in detail) ��i _. O Vie - deck �►ti /dLAJPIq e -s I ;;;>�� to ay for ad��tisin iews, r and incidental expenses* 1�/ ✓i-�, r 1�, L-�,d O � PeQit ioner`S Styr c1 ure Sec. I APPLICATIOA FUS%° every application for action by the Board shall be made on a form u,p roved by the Board. These forms shall be furnished by the clerk upn request. Any communication purporting to be an application skill be treated as mere notice ofintention to saek relief until _ tine as it is made nn the official application fa rm. All in- s ar . i ,ti 4n called for by the form shall be fir'n ished by the appl i cant in tie €iianner therein prescribed. Every application shall be submitted with a list of "Parties it) kjjInterest" which list shall include the petitiener, abutters, owners of ',and directly opposite on any public or private streot or way, an=. 3butior`i tri the abutters aitiiri three hundred feet of the property l E,,: of thepetitioocr os they appear on the wast recent applicable tax list, notwithstandiry that the land of any such owner is located in another city or town, the Planning Board of the city or town, and the Planning Board of every abutting city or town. * ' ::ry appllcatioi li:all he wi L ted with an ! rat.ion ' ;targe Lost i�r the amount. of 26.00. Inaddition, the pukrioner shall be rpspon- Bible for any and all costs involved in bringing the petition before the board. Such costs shall include mailing and publication, but are not necessarily limited to these. Name. LIST OF r' A .? M S id KA -RIS'' A UQ_ A W , - 11 �' H! Ls I I - V C 0 " A T, % )