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HomeMy WebLinkAboutMiscellaneous - 5 Boston Street (13) '57 i - 4/ o�, REM,,FC r � DANIF3 TG wY IL,0 C , y •t K NORT, A' - JuL `81 Z3 s,CWUst' 04 Pb TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS July 23 , 1982 Benjamin Farnum Boston Hill Petition No . 22- ' 82 ✓ Mr. Daniel Long , Town Clerk Town Office Building North Andover , Mass . 01845 Dear Mr. Long : The Board of Appeals held a pp public hearing on7Monday evening , June 14 , 1982 upon the application of Mr. Benjamin Farnum. The hearing was advertised in the North Andover Citizen on May 20 and 27 , 1982 and all abutters were notified by regular mail . The following members were present and voting : Frank Serio , Jr . , Chairman ; Alfred E . Frizelle , Esq . , Vice Chair- man ; Richard J . T,repanier , Esq . , Clerk ; William J . Sullivan ; and Augustine W . Nickerson . The petitioner seeks a re-application under Section 10 , Para- graph 10. 8 of the zoning By Law so as to permit the extension of the Special Permit and name change to same permit , granted -_. i-6--1957 on the premises located at the East side of Boston Street and known as Boston Hill . The land in question is the subject of a former decision of the Board of .Appeals dated February 20 , 1957 . On February 20 , 1957 , upon the petition of Massachusetts Institute of Technology , lessee , the Board of Appeals granted a- variance to permit the erection of certain radar towers for research and experimental purposes to a height i,n excess of that permitted by Section 8 of the then zonino By ' Laws , entitled "Building Height Pe-rmitted" . Said decision is on file with the Town Clerk . Within the body of the decision , as filed by the Board , on Page 5 , the Board unanimously to " grant a Special Permit as applied for by the Institute in its petition dated January 9 , 1957 ,upon certain conditions " . 4 , RECFIVcD Petition No . 22- 182 DAHIEL LONG . Benjamin Farnum TO'WN �,[_ERK July 23 , 1982 NORTH 41001 ER Page 2 4 JUL 23 12 04 PH '82 The petitioner has applied to the Board for a Special Permit to clarify, and confirm a use that was; already allowed under the 1957 decision on the petition of'.- the Massachusetts Insti - tute of Technology . In a petition to this Board on December 22 , 1981 , there was a determination by the Board to deny Mr. Farnum a Special Permit. That determination made specific findings that "the use of the tower was a non-conforming use and a non- conforming structure " . - -- - Subsequent to that denial , Mr . Farnum has again appeared before the Board after receiving timely approval of the Planning Board , at which time he alleged there was a change of. circumstance . Specifically , that , on April 1 , 1982 , MITRE Corporation , a cor- poration owned by MIT , abandoned the structure to the petitioner who is the sole owner of the land and the structure . Upon a motion made' by Mr. Sullivan and seconded by Mr : Frizelle , the Board voted four to one to grant a change of name on the 1957 Board of Appeals decision . Review and research on the 1957 decision has indicated that �� the decision was a variance even tough it was erroneously referred to as a "Special Permit " in `the body of the decision and in the present and previous petitions to this Board . The Board grants a Special Permit so that the petitioner may now change aspects of the original variance grant in a• minimal manner. Specirfically , attached to the concrete -tower there can be antenna and transmitting dishes , - not to exceed a total height of 140 feet .. These minimal changes would extend the rights already granted by the variance , and clarify the peti - tioner ' s rights and ability to use the variance originally granted to MIT . 1 Authority of this Board to act in this manner is derived under the provisions of the North Andover Zoning By Law at 9 . 1 and 9 . 2 , and under the Special Permit provisions contained at 10 . 31 . This decision essentially clarifies and confirms the variance originally granted . By way of footnote , it is further pointed �— out that the origianl legal notice on - the 1957 variance requested a variance and not ! a Special . Permit . :' In granting this Special Permit , pursuant to Section 9 . 1 of the Zoning By Law , the Board finds that the proposed change , adding antenna and transmitting dishes to the existing concrete tower not to exceed a total height of 140 feet , is not substantially more detrimental than the existing non -conforming use to the neighborhood . The . neighborhood in question is on top of Boston Hill , which is presently an R-2 zone . There are no houses abutting the premises , which abuts a GB zone , where the Boston Hill Ski Slope operates. 1 RECEIVED DANE! 1. 1MG Pe.ti tion No . 22- ' 82 0,YN K Benjamin Farnum NORTH .i."',OVER July 23 , 1982 ,JUL 23 12 04 PM W Page 3 The Board finds that the change is indeed minimal and therefore allowed . Further , the Board , in reviewing the conditions set forth in Paragraph 10 .31 , Subsections ( a ) , ( b ) , ( c ) , and ( d) , have been satisfied ; and , more particular , that the use is in harmony with the general purpose and intent of the Zoning By Law , subject to the conditions that only 'MITRE Corporation , Eastern Microwave , Inc . , and Rollins Cablevision , Inc . be allowed to place said antenna and dishes on said structure . Said corporations may not lease , sell , or otherwise transfer their rights to any other party . In addition , frequencies normally associated with the residential television reception will not be interferred with . Sincerely , BOARD OF APPEALS Frank Serio , Jr . , Chairman AEF/jw