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Miscellaneous - 5 Boston Street (4)
C C 5 _.t fb ro vJ FGr JL4 Pcrftt .. 4 l Bowditch Bowditch&Dewey,LLP 161 Worcester Road,P.O.Box 9320 &Dewe J Framingham,MA 01701-9320 Direct Telephone:(508)416-2460 A T T 0 R N E Y S Direct Facsimile:(508)929-3110 ploffa@bowditch.com Pina Loffa Paralegal www.bowditch.com " T { C1!,V 1 IVIC,k,Y 0,� � �1 a ZBA CC 7 Date .�Q.'.�., ..`.Q.. ... p►ORTH TOWN OF NORTH ANDOVER ° n RECEIPT SSACHUs� This certifies that...0- .f...,.....01....(—.W-//1..11-o...... ............... haspaid..$...51).t.0.0......................................................................... 1 ....60e, �.. ...... .I„... .��....r..... . for-5 l l r.. ..j............. , �1� Received by...1.............�.�•'�'?.!Y.�.�................................................... Department... ..(1.4..................................................................... WHITE: Applicant CANARY:Department PINK:Treasurer �2-00a-03 '/- y d � Town of North Andover F t%ORTh C- .,- k 3;1aD ' ce of the Zoning Board of Appeals T ,'+ 3 ity Development and Services Division i J1jam'` 27 Charles Streeter w�AATip c 0�► 22 P 2: 3 North Andover,Massachusetts 01845 �Ss�CHusE�c D.Robert Nicetta Telephone(978) 688-9541 Fax (978)688-9542 Building Commissioner 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: for premises located at:5 Boston Street NAME: Benjamin Farnum,397 Farnum Street HEARING(S): 8/13/02, 9/10/02,& 10/8/02 ADDRESS: for premises located at:5 Boston Street PETITION: 2002-034 North Andover,MA 01845 TYPING DATE: 10/15/02 The North Andover Board of Appeals held a public hearing at its regular meeting on Tuesday, October 8,2002 at 7:30 PM upon the application of Benjamin Farnum,397 Farnum Street, North Andover,MA,for premises located at:5 Boston Street North Andover,MA requesting a Finding as a party aggrieved of the Building Commissioner's Decision on Building Permit#605, within the Village Residential zoning district. The following members were present: William J. Sullivan,Walter F.Soule,John M. Pallone, Scott A. Karpinski,Ellen P.McIntyre,George M.Earley,and Joseph D.LaGrasse. Upon a motion by George M. Earley and 2"d by Ellen P.McIntyre,the Board voted to DENY the Finding requested by the Party Aggrieved of the Building Commissioner's notation on Building Permit#605,dated May 17,2002 on the basis that the applicant should comply with the North Andover Planning Board's Special Permit conditions,dated April 21, 1999 and as indicated in the letter from Heidi Griffin,then Town Planner,written to Atty.Francis A.DiLuna,dated August 21, 2001. Also,for the reason that the North Andover Zoning Board of Appeals is not authorized to change the conditions of a North Andover Planning Board decision. Under the circumstances, the Board refers the petitioner back to the Planning Board for their review. Voting in favor: William J. Sullivan,Walter F.Soule,John M.Pallone,Scott A. Karpinski, and Ellen P_McIntyre. Town of North Andover Board of Ap' aall$ William J. ullivan,Chairman Decision 2002-034. i Board of Appeals 688-9541 Building 688-9545 Conservation 688-9530 Bealth 683-9540 Planning 688-9535 / ' Town of North Andover, Office of the Zoning Board of Appeals Community Development and Services Division * LnnFt 27 Charles Street +,r.o•�"`h North Andover, Massachusetts 01845 ` y;U li V D. Robert Nicetta Telephone(978)688-9541 IBud dhig Commissiomr Fax(978)688-9542 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 131'of August, 2002, at 7:30 PM to all parties interested in the appeal of Benjamin Farnum, 397 Farnum Street, North Andover, MA, for premises located at: 5 Boston Street North Andover, MA requesting a Finding as a party aggrieved of the Building Commissioners' Decision on Building Permit#605. Said premises affected is property with frontage on the West side of Boston Street within the Village Residential 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 Eagle Tribune on July 29 &August 5, 2002. Legalnotice2002-034 m..-.-.L�TO C""Ir O 'O y C C tyG Ol,"O NG ' LNm'y OC ' NNIb I W d- NGm o.mE .ro.m° oL'�g• oQ>E • o_o•- c9i V NmV 7C�ONn 6mLL O.dq QCNEGt[i�3>...�U= EZ CLQ m0-7'N P Ill '.l0Nf0toN .ON.. 0)Z °LLL>COtOt� > Up�..`.•fCOlb >.O. mQ11t l�.m'. L O:tCCn, Cr l0.0 5 O:m C O N#.N L C O)N CL-6 Op L.� Urn O �-O-.a-. CDL m lY Q j,N:N<C -0:11f Q lE.�U O' y m rp c0'O N r D`Q y.T O-7 N NO O:v ymocoLm DWEd L'cC'�mEE0c O'er in E r�o �. 16 Yt..NLNg.0 'm 0 0 0J i7�p.y�L,O cC �N aQ°coi�.3mTZ�yn�W�gmZ? aQammYN,c�v���` v Q 't Jaz I: H-�� u.. a�'-.. a� cv_ymo Ca I> j .,->y J2Co cm �o�.cE� `.�� o�N c°'Lc���U .2 19 F & iil -m >'am m.-Qa�L.E 7 E N..Q.y.t„-3 L��_m o wC. ,J rnQtUCn 5a m.'Cd dN 0 - 0co m..-w 3L �NQ��i�i BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535 t iOy is e( de�J Any appeal shall be within(20)days after date of filing of this r in the office of the Tc NAME: Benjamin Farnum,397 Farnum Street, DATE: July 16,2002 PETITION: 2002-034 ADDRESS: for premises at: 5 Boston Street HEARING: 7/9/02 North Andover,MA 01845 The North Andover Board of Appeals held a public hearing at its regular meeting on Tuesday,July 9,2002 at 7:30 PM upon the application of Benjamin Farnum,397 Farnum Street,North Andover, MA,for premises located at:5 Boston Street,North Andover,MA requesting a Finding as a party aggrieved of the Building Commissioners' Decision on Building Permit#605, within the Village Residential Zoning District. The following members were present: William J. Sullivan,Walter F. Soule,Scott A.Karpinski, Ellen P.McIntyre,George M.Earley,and Joseph D.LaGrasse. Upon a motion made by Walter F.Soule,and 2°a by Ellen P.McIntyre,the Board voted to allow the petitioner to WITHDRAW HIS PETPI'ION WITHOUT PREJUDICE,and resubmit for the August 13,2002 meeting. Voting in favor of the withdrawal: William J. Sullivan,Walter F. Soule, Robert P.Ford,Scott A.Karpinski,and Ellen P.McIntyre. Town of North Andover Board of Appeals, William J.Sullivan,Chairman Decision2002-034 i i I / 1 z 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: 5 Boston Street NAME: Benjamin Farnum,397 Farnum Street, DATE: July 16,2002 PETITION: 2002-034 ADDRESS: for premises at: 5 Boston Street HEARING: 7/9/02 North Andover,MA 01845 The North Andover Board of Appeals held a public hearing at its regular meeting on Tuesday,July 9,2002 at 7:30 PM upon the application of Benjamin Farnum,397 Farnum Street,North Andover, MA, for premises located at:5 Boston Street,North Andover,MA requesting a Finding as a party aggrieved of the Building Commissioners' Decision on Building Permit#605, within the Village Residential Zoning District. The following members were present: William J.Sullivan,Walter F.Soule,Scott A.Karpinski, Ellen P.McIntyre,George M.Earley,and Joseph D.LaGrasse. Upon a motion made by Walter F. Soule,and 2nd by Ellen P.McIntyre,the Board voted to allow the petitioner to WITHDRAW HIS PETITION WITHOUT PREJUDICE,and resubmit for the August 13,2002 meeting. Voting in favor of the withdrawal: William J. Sullivan,Walter F. Soule, Robert P.Ford,Scott A.Karpinski,and Ellen P.McIntyre. Town of North Andover Board of Appeals, William J.Sullivan,Chairman Decision2002-034 Town of North Andover. e N'90 ' t,E C E I d E D r <;�`°,•..."o J 0 Y C E B,�Offil'lof the Zoning Board of Appeals 0 �. Development and Services Division 27 Charles Street ZQgZ JUN 1 q P 4NO#Andover,Massachusetts 01845 1SSACHU`+�` D. Robert Nicetta Telephone(978)688-9541 Building Commissioner Fax(978)688-9542 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 9th of July 2002, at 7:30 PM to all parties interested in the appeal of Benjamin Farnum, 397 Farnum Street,North Andover, MA, for premises located at: 5 Boston Street North Andover, MA requesting a Finding as a party aggrieved of the Building Commissioners Decision on Building Permit#605. Said premises affected is property with frontage on the West side of Boston Street within the Village Residential 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 Eagle Tribune on June 24 &July 1, 2002. Legalnotice2002-034 f I i i BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535 I i URBELIS & FIELDSTEEL, LLP 155 FEDERAL STREET BOSTON, MASSACHUSETTS 02110-1727 THOMAS J.-URBELis Telephone 617-338-2200 Andover e-mail tju@ufb.com Telecopier 617-338-0122 • Telephone 978-475-4552 May 3, 2004 D. Robert Nicetta Building Commissioner 27 Charles Street North Andover, MA 01845 RE: BENJAMIN G. FARNUM V. D. ROBERT NICETTA, AS BUILDING COMMISSIONER FOR THE TOWN OF NORTH ANDOVER AND THE TOWN OF NORTH ANDOVER ESSEX SUPERIOR COURT 02-1143-C Dear Bob: Good news! Enclosed is a copy of the Court's: 1. Memorandum and Decision on Defendants' Motion to Dismiss; 2. Notice of Docket Entry dated April 29, 2004. The plaintiff has until June 4, 2004 to file a Notice of Appeal (if any) to the Massachusetts Appeals Court. Please call if you have any questions. Very truly yours, r) Thomas J4rbelis TJU:j eh Enclosures cc: Board of Selectmen Zoning Board of Appeals a pD a 3 L, 1�7 805�47"V, Planning Board D Heidi Griffin MAY 4 1004 Mark Rees, Town Manager BOARD OF APPEAL: S:\wp5l\work\n-andovc\famum\21143\nicetta.Itr.doe COMMONWEALTH OF MASSACHUSETTS ESSEX, ss. SUPERIOR COURT CIVIL ACTION NO. 02-1143-C BENJAMIN J. FARNUM VS. D. ROBERT NICETTAI and another2 MEMORANDUM AND ORDER ON DEFENDANTS' MOTION TO DISMISS 1. Background The dispute in this case arose,when the plaintiff filed a building permit application to erect microwave antennae on a preexisting cell tower,of which he was the owner. When Nicetta, the defendant building commissioner, failed to take action on the plaintiff's application, the plaintiff filed an Appeal Application Form with the State Building Code Appeals Board requesting relief from Nicetta's inaction. After hearing, the State Building Code Appeals Board issued a decision ordering Nicetta to take action on the plaintiff's application. Nicetta then issued a denial of the plaintiff's application on the grounds that the applicant failed to comply with"zoning issues, appearing in the special conditions, as noted in the Planning Board Special Permit dated April 21, 1999 . . . ." Nicetta's denial further stated that "[c]orrespondence from Heidi Griffin to Atty. Francis DiLuna, citing the [specific special conditions] is enclosed for your review." The plaintiff then filed an Application for a Finding with the North Andover Zoning Board of Appeals requesting that the Board overturn Nicetta's decision to deny the plaintiff's application for a building permit. After hearing, the North Andover Board of Appeals voted to grant the plaintiff's finding and instructed Nicetta to issue the requested Building Permit. Nicetta subsequently issued said building permit. The building permit, however, required the plaintiff to "adhere to the conditions set forth in the Planning Board Special Permit, which is in his possession,"prior to the erection of the microwave antennae. The plaintiff, believing that the conditions placed upon the building permit were inconsistent with the Zoning Board of Appeals' decision, responded by filing a complaint in nature of certiorari pursuant to G.L. c. 249, § 4, and for declarative relief pursuant to G.L. c. 231A. Sometime thereafter, the plaintiff filed an Application for a Finding with the North Andover Zoning Board of Appeals with respect to the conditions placed upon the his building permit. After hearing, the North Andover Zoning Board of Appeals voted to deny the finding on the grounds that the applicant should "'comply with the North Andover Planning Board's Special Permit conditions, dated April 21, 1999 and as indicated in the letter from Heidi Griffin, then In his capacity as Building Commissioner for the Town of North Andover(not as an individual). 2 The Town of North Andover Town Planner, written to Atty. Francis A. DiLuna, dated August 21, 2001." The Board also stated that they were not authorized to change the conditions of the North Andover Planning Board's decision, and under the circumstances, the Board would refer the Petitioner back to the Planning Board for their review. 2. Relief in the nature of certiorari An action in the nature of"[c]ertiorari cannot be requested where administrative remedies terminating in judicial review are available and unexhausted." Cumberland Farms Inc., v. Planning Board of Bourne, 56 Mass. App. Ct. 605, 608 (2002), quoting St. Botolph Citizens Comm., Inc. v. Boston Redev. Authy., 429 Mass. 1, 7 (1999). The foregoing procedural history demonstrates that the plaintiff resorted to filing an action in the nature of certiorari in the Superior Court prior to exhausting all of his administrative remedies. Though the plaintiff eventually did appeal Nicetta's issuance of the building permit with conditions to the North Andover Zoning Board of Appeals, he did so only after filing an action in the nature of certiorari and for declarative relief.. The proper course of action for the plaintiff would have been to first submit the Application for a Finding with the Zoning Board of Appeals concerning the legitimacy of the special conditions placed upon the issuance of the building permit. Upon the Board's denial of his requested finding, plaintiff would have then, and only then, been entitled to appeal the zoning board of appeals' decision to the Superior Court? When bringing such an appeal to the Superior Court,the proper avenue would have been a claim pursuant to G.L. c. 40A, § 17, which authorizes further judicial review of zoning board decisions in the Superior Court, and not a claim in the nature of certiorari. See Cumberland Farms Inc., 56 Mass. App. Ct. at 608. Because the plaintiff failed-to raise a claim under G.L. c. 40A in his complaint, this court finds that he has now waived such an entitlement to appeal the zoning board of appeals' decision to the Superior Court. Notably, this is not a case where it appears on the face of the record that the North Andover Zoning Board of Appeals exceeded its jurisdiction or acted in violation of any statute or ordinance such that this court might be warranted in overlooking these jurisdictional shortcomings. 3. Relief in the nature of declaratory judgment This court finds that the plaintiff s count for declaratory judgment was similarly premature, given that the plaintiff had an alternative remedy available to him at the time he filed his complaint. See Boston Safe Deposit& Trust Co. v. Dean, 361 Mass. 244, 248 (1972) (trial judge has substantial range of discretion to deny or postpone declaratory relief when he justifiably concludes that declaratory relief is premature). 3 It is worth noting that the plaintiff may also still have an existing remedy available to him with the North Andover Planning Board. In the North Andover Zoning Board of Appeals' denial of plaintiff's requested finding,dated October 15,2002,the Board stated that"the North Andover Zoning Board of Appeals is not authorized to change conditions of a North Andover Planning Board decision. Under the circumstances,the Board refers the petitioner back to the Planning Board for their review." 2 ORDER It is hereby ORDERED that Plaintiff s complaint be DISMISSED WITH PREJUDICE in its entirety. W4Peter W. Agnes, Jr. Justice of the Superior Court Dated: April , 2004 3 Commonwealth of Massachusetts County of Essex The Superior Court CIVIL DOCKET#: ESCV2002-01143-C RE: Farnum v Nicetta et al TO: Thomas J Urbelis, Esquire Urbelis Fieldsteel & Bailin 155 Federal Street Boston, MA 02110 NOTICE OF DOCKET ENTRY You are hereby notified that on 04/29/2004 the following entry was made on the above referenced docket: Judgment after finding of the Court for defendants with prejudice Peter W. Agnes, Justice. Copies mailed April 29, 2004 Dated atLawrence, Massachusetts this 29th day of April, 2004. Thomas H. Driscoll Jr., Clerk of the Courts BY: Kevin Jones Assistant Clerk Telephone: (978) 687-7463 cvdgeneric_2.wpd 470143 judfind joneskev Town of North Andover ,,ORT!{ rCr BRADOffice of the Zoning Board of Appeals c� T O`r`Cl� ,'� iity Development and Services Division _ Ti r: JV.�. � 27 Charles Streeto��T°D LOQ �� 22 p 2: ,�lorth Andover,Massachusetts 01845 �Ss�cHusE�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: for premises located at:5 Boston Street NAME: Benjamin Farnum,397 Farnum Street HEARING(S): 8/13/02, 9/10/02,& 10/8/02 ADDRESS: for premises located at:5 Boston Street PETITION: 2002-034 North Andover,MA 01845 TYPING DATE: 10/15/02 The North Andover Board of Appeals held a public hearing at its regular meeting on Tuesday, October 8,2002 at 7:30 PM upon the application of Benjamin Farnum,397 Farnum Street, North Andover,MA,for premises located at:5 Boston Street North Andover,MA requesting a Finding as a party aggrieved of the Building Commissioner's Decision on Building Permit#605, within the Village Residential zoning district. The following members were present: William J.Sullivan,Walter F.Soule,John M.Pallone, Scott A. Karpinski,Ellen P.McIntyre,George M.Earley,and Joseph D.LaGrasse. Upon a motion by George M.Earley and 2"d by Ellen P.McIntyre,the Board voted to DENY the Finding requested by the Party Aggrieved of the Building Commissioner's notation-on Building Permit#605,dated May 17,2002 on the basis that the applicant should comply with the North Andover Planning Board's Special Permit conditions,dated April 21, 1999 and as indicated in the letter from Heidi Griffin,then Town Planner,written to Atty. Francis A.DiLuna,dated August 21, 2001. Also,for the reason that the North Andover Zoning Board of Appeals is not authorized to change the conditions of a North Andover Planning Board decision. Under the circumstances,the Board refers the petitioner back to the Planning Board for their review. Voting in favor: William J. Sullivan,Walter F.Soule,John M.Pallone,Scott A. Karpinski, and Ellen P.McIntyre. Town of North Andover Board ofAp'eal �'1'�1.(-tom William J. ullivan,Chairman T G; worITi-f F. Decision 2002-034. 'a�_•`_.o G_ N t OCT 2 9 2002 Board of Appeals 688-9541 Building 688-9545`06nservation 688-9530 Health 688-9540 Planning 688-95.35 Notes for ZBA meeting October 8,2002 Date Item 2-16-99 Application to Planning Board February 16, 1999—AT&T Wireless and Benjamin Farnum. Hearings: 3-16-99,4-6-99,&4-20-99 4-21-99 Decision to allow to install&operate Wireless Facilities by Special Permit, subject to conditions May 1999 Boston Hill Development LLC's appeal to Land Court 4-25-00 [Read]Atty.Urbelis to Heidi Griffin(as Town Planner) 1-16-01 Court case dismissed 7-27-01 Telephone conversation with Town Planner and Atty.DiLuna about conditions 8-21-01 Conditions stated in letter to Atty.DiLuna in order for his client to receive a Building permit for 5 Boston Street by Heidi Griffin,Town Planner(8 conditions) 10-1-01 Appeal by Atty.DiLuna to State Building Code Appeals Board 12-20-01 State Building Code Appeals Board decided for the applicant 1-2-02 Building permit denial 2-26-02 Finding requesting the Board to overturn the denial(2002-011) 3-22-02 ZBA granted the Finding(2002-011) 4-24-02 ZBA voted to modify clerical error on 3-22-02 Finding decision(2002-011) 5-17-02 Building permit#605 issued stating"The Permit holder,prior to the erection of the antennas,must adhere to the conditions of the Planning Board's Special Permit, which is in his possession" 6-13-02 Request by Benjamin Farnum for a Finding on the Building permit notation REVISIONS l NF , REV. FD-ATEESCRIPTION.OF CHANGE BOS / HILLO F \ \ S AREA INC. O \BO TON HIL C/ ROBERT W. DUNN 1 AEA C. P.O. BOX 33 C R ER W. U RYE BEACH, N 03871 O_ OX 30 R BE H, H. 03 71 N/F a"G2 7S RUSTE OF P BLIC \ RESE VATIO S 572 SSEX T. \ Ik000 EVERL , MA. 1915 co vROJECT TITLE - DTO 2 FR BOSTON HILL T 5'-20' PINES (?i SBS G / NORTH ANDOVER SCATTERED USH AND 20' OAKS MASSACHUSETTS ALF p " E 424.2 CO 1 y CONSULTANTS 1 i 1 , \ N/F B NJAMIN FA NUM Sy 39 FARNUM TREET 15\-2 PI ES \ NORT ANDOVER, A 01845 _ SC TTE ED BR SH N 20 OA S \ PROB TED9M T #350363 0 DATED R D / /80 n 7 1\ D ® ® MFq TF/ .0 ,vOOO lwU V N ENGNEER GATE es w �F � � o � GPI Oy,FR /Iko0 �FyN c/ Fjy R f GREENMAN-PEDERSEN. INC. CONSULTING ENGiNRM c� 33 1106TON PWT ROAD YAM.80R000R.RASSACNOSCTTS INDUS AL DISTRICT 2 017U RESIDENTIAL DI ICT 2/3 oe DRAWING TITLE PROPERTY PLAN LP SCALE � c 0 U yip 1i 1. - 40• F PROJECT TEAM Z i DATE 04/14/99 r En 2� �� G PROD.MCR. C.J.S. /F DESIGN .s. RUSTEE OF PUBLIC rrn E i DRAJ.P CC 7� RESER TIONS N CHECK WN N 572 ESS ST. NO. 96207_45 B VERILY, MA. 01915 SITE NUMBER C=) U E 424.2 SHEET NUMBER � GD ' J U U U 25'-35' PINES � SCATTERED 20' OAKS AND EL N 4AQ o * 365 SHEET 4 OF 19 — "- SI7FA_lS.ONC P 161 Worcester Road,P.O.Box 9320 Framingham,MA 01701-9320 Telephone:(508)879-5700 Bowditch Facsimile:(508)872-1492 chi Dewey www.bowditch.com A T T O R N E Y S Bowditch&Dewey, LLP Direct Dial:(508) 416-2405 Direct fax:(508) 929-3023 Email:blevey@bowditch.com October 7,2002 Via Facsimile and First Class Mail D. Robert Nicetta, Building Commissioner Town of North Andover Office of Community Development and Services 27 Charles Street North Andover, MA 01845 Re: 5 Boston Hill—Request for Enforcement of Setback Requirements of the Town of North Andover Zoning Bylaw. Dear Mr.Nicetta: We write this letter on behalf of Boston Hill Development, LLC, an abutter to property owned by Benjamin Farnum located at 5 Boston Hill (the "Farnum Property"). Kindly allow this letter to serve as notice pursuant to Section 10.1 of the North Andover Zoning Bylaw (the "Bylaw") of a possible violation of certain setback requirements at the Farnum Property and a request under G.L. c. 40A, § 7 and Section 10.1 of the Bylaw that you enforce the Bylaw. It has come to our attention that Mr. Farnum has obtained a building permit (the `Building Permit") for the installation of a 2.4 foot diameter microwave dish to an existing concrete tower on the Farnum Property (Building Permit No. 605 dated May 15, 2002). We understand that Mr. Farnum currently is pursuing an appeal before the North Andover Zoning Board of Appeals challenging certain conditions placed on the Building Permit (the "Challenged Conditions"). Because the Building Permit, as issued, would permit a use of the Farnum Property that violates Section 8.9 of the Bylaw, Supplemental Regulations on Wireless Service Facilities, we ask that you take appropriate action to prevent any such violation. Specifically, Section 8.9(3)(c)(v) provides that "[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." The Building Permit, as issued, allows Mr. Farnum to place a wireless device on an existing structure that is within 600 feet OCT V:WL \l 00229\0003\F0223319.DOC;1) BOARD OF'AALSce: III Main Street.P.O.Box 15156•Worcester.MA 01615-0156•Telephone:(508)791-3511 •Facsimile:(508)756-7636 �f r Y Mr. D. Robert Nicetta, Building Commissioner October 7, 2002 Page 2 of properties zoned for residential use. As shown on the property plan attached hereto at Tab A', the concrete tower is within 100 feet of property owned by the Trustees of Public Reservations, which is zoned residential, and is within 150 feet of property owned by my client, which also is zoned residential. Without a variance, which we do not believe Mr. Farnum has obtained for this proposed new installation, Mr. Farnum may not install an additional wireless device on the concrete tower. Moreover, under Section 8.9(1)(a) of the Bylaw, "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 [the North Andover Planning Board]." It is our understanding that Mr. Farnum has neither applied for nor received site plan approval with respect to the new wireless device he proposes to install. Accordingly, Mesiti Development requests that (a) in the event the Zoning Board upholds your issuance of the Building Permit with the Challenged Conditions, you revoke the Building Permit until such time as Mr. Farnum has obtained site plan approval from the North Andover Planning Board and has demonstrated that any new wireless device placed on the concrete tower complies with Section 8.9 of the Bylaw, or(b) in the event the Zoning Board upholds Mr. Farnum's appeal and instructs you to issue a new building permit absent the Challenged Conditions, you do not issue such permit until such time as Mr. Farnum has obtained site plan approval and has demonstrated that his proposed use of the Farnum Property will comply with the Bylaw. Pursuant to G.L. c. 40A, § 7 and Section 10.1 of the Bylaw, we request that you respond in writing to this notice of violation and request for enforcement within fourteen (14) days of your receipt of this letter. You may also wish to make the Zoning Board of Appeals aware of this issue at the continued public hearing on Mr. Farnum's appeal which is scheduled for October 8. Thank you for your consideration of this matter. Verytrukyyours, l ~' Levey BCL:cap Enclosure cc: North Andover Zoning Board of Appeals (Via Facsimile and First Class Mail)✓ Francis DiLuna, Esq. (Via Facsimile and First Class Mail) Tab A is entitled Property Plan and dated April 14, 1999. This plan was prepared by AT&T in support of its application to place an antenna and related equipment on the Farnum Property. (3:\CLIENTS\lit\300229\0003\F0223319.DOC;1) -- -- -• • .. uv„araa�as a ya.�ra a Wi 161 Worcester Ro Fiamad,p_p•I30x 9320 mgham,h7A 0170I-9320 .• + Bowditch Telcphone.(508)879-57Up Dewey Facsimile;(508)872-1492 A T 7 0 R N E Y Www.bowdltc 5 �cOm .8"dtich&DeWey, LLP FACSIMILE TRANSMITTAL S�IEET ro: : D.Robert Nicetta F,gXNUMBER 978-688-9542 Vo%tl2 Andover Zoning Board of Appeals Francis DiLuna,Esq. 781-933-1530 DATE: October 7,2002 PHONBNUMgEk: 978-688-9500 781-933-1530 FR01►d• TOTAL No.OFPAGES nVCLUDtNG COYER; Brian C. Levey,Esq. RE: 4 ' 5 Boston Hill C"ENT/MAMANUMBER: 300229.0003 URGENT FOR R,EVIgW PLEASE COMMENT PLEASE P PpLY PLEASE RECYCLE PIease see attached. Please deliver to D. Robert Nicetta with a copy to the 7olsiilg Board of Appeals. rhe documetus occnmFcnyt[g this jaeaimde[r , [ - Privfleged. The iqy mviniu[on comoi,ttljormarion from the lawfrns OjBowditch j>e L ormwion is intended Io be for the rise of he indlvidam t *AfeftlitY named w this � LP which is confide UW an& be a�that airy disclosure,copying,dlrtribw- nr use of the contents of jasrdor error,Please �+smiufon sheet #'You an not the intended rec pienr, not{fy ur'bytelephone lmmedlatB/y so rltat we con arrvn a �°rnation is prohibited. tlyOrf d0 tt01"t"'e all jar the retrieval of1hc or! rml I(You have received this jactlmile in P P or receive tus fax la grr lease no�sr to yota C OCT 7 - 2002 D BOARD OF APPEALS �... v. yr uaw• 1V•V1 arui Vvv VrL VVt! DvYYvii%,n ix Ln RLI t9J U01 161 WrCeSter Road,P- .Box Framingham,MA 017070.9320 9320 L�owditch retephone:(508)s79-5700 &Dw Faesimile:(508)872.1492 A T T O RR N E Ye "g wwwbowdileh.com Bowditch&.bewey, LL., Direct Dial:(508) 416-2405 Direct fa.- .(50g) 929.3023 Email:b)evey@bowdhch.coa, Via Facsimile and First Class Mail October 7,2002 D- Robcrt Nieetta,Building Commissioner Town of Notch Andover 2Office of Community Development and Services 7 Charles Street North Andover,MA 01845 Re: 5 Boston Hill—.Request for Enforcement of Setback Re Of the Town of North Andover Zoning Bylaw, gwrements Dear Mr.Nicena: We write this letter on behalf of Boston HiII ,Development L owned by Benjamin Farnum located at 5 Boston Hill the g� LC, an abutter to property letter to serve as notice pursuant to Section 10.1 of the North` of a possible violation of certain se ( uuz Property'. Kindly allow this Andover Zoning]Bylaw(the"Bylaw") G.L. c. 40A, § 7 and Section 10.1 of the Bylaw 'ements at the you enforce thatum Property and a request under the Bylaw. Permit")It has the installation attention come to our 2.4 that �. F arnum has obtained a building permit {the `Building the Farnum pro of diameter microwave dish to an existing concrete tower on Pity (Building Permit No. 605 dated May 15, 2002). We. understand r. Famurxl currently is Pursuing challenging certain conditions pla deon bO1erBuildingo p that als Andover Zoning Board of Appeals Because the Building Permit, as issued, would ermlt (the "Challenged Conditions'). Section 8.9 of thates e Bylaw, Supplemental Re permit a use of the Farnum property guIations on Wireless Service Facilities, we ask thatyou take appropriate action to prevent any such violation. Specifically, Section 8.9(3)(c)(v) provides that " required for all wireless devices antenna jaj minimum setback of 600 feet shall be or existing structure, as measured from the ad aceni0 property e g structures, whether attached to a new zoned for, or contain, residential and/or educational onal uses of line of properties which are either issued, allows Mr. Farnum to place a wireless device on an existing pes."struct:ZrTehe Buildin Permit,ermit, as that is within 600 feet i):\CLIENT$11it1300229100031F0223319.DOC;\) WorCCSICr 011eceI r M:�in Srrcct.P.O.Boa 1515'h•w U Otcester,MA 01615-()156•Telephone:(50$)791-.1513 .Facsimile:(50$)756.7636 f 0 f 7 - 2002 BOARD OF APPEALS "' ••�•• +..•�+ a aua vvv ver amt t DVI/D11 n M Vz"z1 7 D. Robert Nicetta,Building Commissioner October 7, 2002 Page 2 Of properties zoned for residential use. As shown on the the concrete tower is within 100 Feet of Property o Property Plan attached hereto at Tab A which is zoned residential, and is within 150 feet of o by the Trustees of public Reservations, zoned residential. Without a variance nwhichP �y owned b y rnyProposed new installation, Mr. F we do not believe Mr. Farn rn client, which also is um has obtained for this tower. annum may not install an additional wireless device on the concrete Moreover, under Section 8.9(1)(a) of the $ law, be Placed, constructed or Modified within the 7o Y O wireless service facility shall Special Permit Granting Authori Town without first obtaining site plan approval fromthe that Mr. F ty [the North Andover Planning Board].,, aurum has neither applied for nor received site lana It is our understanding wireless device he proposes to install. P PProval with respect P the new Accordingly, Mesiti Development requests that (a) in the event the Zoning g Your issuance of the Building .permit wi Permit until such time til the Challenged Conditions °� upholds as Mr. Farnurn has obtained site lin you revoke the Buil Planning Board and has demonstrated that any new wireless device laced P approval from the North Andover complies with Section 8.9 of the Bylaw,or(b) in the event the Zoning Board Upholds P on the concrete tower appeal and instructs you to issue a new buildirl P lds Mr. Farm $ not issue.such penult until such time as g Permit absent the Challenged Conditions ' demonstrated that his proposed use of the Fes. Farnum has obtained site ply a You do to G.L. c. 40A, annum property will cols l PPTOvaI and has § 7 and Section 10.I of the Bylaw, we r west P y with the $ylaw. Pursuant notice of violation and request for enforcement within fort that You respond in writing to this letter. een (14) days of your receipt of this You may also wish to,make the Zonis aware Appeals continued public hearing on Mr.Farnum's appeal which is sch duled for Octoer this issue at the S. Thank You for your consideration of this matter. Very.tr�6**,yours, _ Le evey BCL:cap Enclosure ' cc: North Andover Zoning Board of Appeals Francis DiLuna, Esq. (Via Facsimile and FiirrstC�ass Facsimile d First Class Mail) Tab A is entitled Property its application to puce an antenna and relat d equipment on the Farnum d dated Apxij 14, 1999. grope Was re tired b AT&Tn sn F P Y Pport of {J:lCl,7FNTSUit1300229100031F0223319.,D°C;11 �. yl e.t,'A iiN I S)'M Si Z•(f'7i b � � If � SINe s.•,' no I f x p it Lew \ M-6,14-43 Q 13lsr 'N :� Mti tdI a A.r.asaoaa y ae x r' Nu�eo �j — c t is a 7runbs�d 1 ar uL uuslo —srnu — u fj a�va , j -`t at�1�fs SJ.b,Z-LI � $ l o ti 1 LicY Yn ao Ir e L r r a ^IMfI~ ?J)N dt a7 M MJ N nho44Y HL80N 79tH 40.LS09 4 !J j ea / 4; rj 1 Sw ` C7k1i1Y.5J // j 'Cx r 7 1011 -- 1f ( + pC!�„�;Y1C7 e�AB•.Sjq 30 f i ll tI �S•15.oL' I[Bf00 is 04 0 YJar J W. CC8 1 r r Town of North Andover a� NQRTh , Office of the Zoning Board of Appeals Community Development and Services Division ; c 27 Charles Street North Andover,Massachusetts 01845 �4SSgc►�US��y D. Robert Nicetta Telephone(978)688-9541 Building Commissioner Fax(978)688-9542 FAX TRANSMISSION T0: FAX NUMBER: 7 9i 1 ' IS30 FROM: Town of North Andover Zoning Board of Appeals 27 Charles Street North Andover, Massachusetts 01845 FAX: 978-688-9542 PHONE: 978-688-9541 DATE: 'I - 11 - D�L SUBJECT: Tu .n q - 40 ' 01 1 S+r,Pe,f lh d►� y►c �14 � QCl14a C-0 ti ►n ie NUMBER OF PAGES: 1" 19 kc,V% WY'l" #ton V ���1°5f �-10-19 V/61 i r✓l e. �B�'� S i r a i n t 4o 10-� -0> REMARKS: '�ree- 9-1O'Da- Board of Appeals 688-9541 Building 688-9545 Conservation 688-9530 Health 688-9540 Planning 688-9535 HP OfficeJet Fax Log Report Personal Printer/Fax/Copier Sep-11-02 12:42 PM Last Fax Identification Result Pales Tvne Date Time Duration Diagnostic 817819331530 OK 04 Sent Sep-11 12:41P 00:01:08 002582030022 1.1.0 2.8 Town of North Andover of No pTH , Office of the Zoning pp Board of Appeals � p Community Development and Services Division 27 Charles Street '� °4• -- •'° North Andover,Massachusetts 01845 9SSAC14 D. Robert Nicetta Telephone(978)688-9541 Building Commissioner Fax(978)688-9542 September 11,2002 Francis A.DiLuna,Esq. Murtha Cullina Roche.Carens&DeGiacomo 600 Unicorn Park Drive Woburn,Massachusetts 01801-3343 RE: September 10,2002 audiotape of the 5 Boston Street public hearing,continued Dear Atty.DiLuna: t; Please feel free to have a representative who has familiarity with audio recording equipment come to 27 Charles Street,North Andover,Massachusetts any time Monday through Thursday,9:00 AM through 2:00 PM during the ZBA clerk's hours,bringing their own micro cassette copying equipment and audio tape.. Please call ahead to ensure that the ZBA clerk can be present to observe the taping session. Very truly yours, William J.Sullivan,Chairman North Andover Zoning Board of Appeals CC: D.Robert Nicetta,Building Commissioner ZBA file Fax First Class Mail WJS:mg Board of Appeals 688-9541 Building 688-9545 Conservation 688-9530 Health 688-9540 Planning 688-9535 � IC� 1OdI D 5EP 1 0 2002 - -- --- -- --' - ] BOARD OF APPEALS! V _LAOS -1 C9 774 lro a6 ��4-c 6 ce lei Y'o C. C J4 r c/,-a 4 0 - FA-0 - - CAI - --/ Q -07-� 02 .- ---5�ce — - - - - - 7 X41 5 3 9 .�' Town of North AndoverOORTq OE ti�eu ��NQ Office of the Zoning Board of Appeals Community Development and Services Division 27 Charles Street North Andover, Massachusetts 01845 'SSACHUSEt D. Robert Nicetta Telephone(978)688-9541 Building Commissioner Fax(978)688-9542 Date /O v G):1, TO: Town of North Andover Zoning Board of Appeals 27 Charles Street North Andover MA 01845 Please be advised that I have agreed to waive the time constraintcorthe Zoning Board of Appeals to make a decision regarding the granting , Finding for property located at: STREET: (01003 a 5 1 W-.- TOWN: j�4a4 MEETING DATE(S): �-- NAME OF PETIT Signed: Petitioner r o is epr WAIVER 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535 S C�0�1R�QFO BOARD OF APPEALS Town of North Andovero� tkoRTH 4 Office of the Zoning Board of Appeals . o- do Community Development and Services Division * i e 27 Charles Street ° na • ' North Andover,Massachusetts 01845 CHus�t D. Robert Nicetta Telephone(978)688-9541 Building Commissioner Fax(978)688-9542 FAX TRANSMISSION � t FAX NUMBER: C?Y M FROM: Town of North Andover Y Y e �1 iq��.me A Zoning Board of Appeals 27 Charles Street North Andover,Massachusetts 01845 FAX: 978-688-9542 PHONE: 978-688-9541 DATE: — r7 I SUBJECT: 5A,et+ F:A) k0f%(00, NUMBER OF PAGES: REMARKS: BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535 r rig s R COMPLETE • Offil ■ Complete items 1,2,and 3.Also complete A. Received by(Please Print -easy}, B. a of Delivery Commun item 4 if Restricted Delivery is desired. ■ Print your name and address on the reverse so that we can return the card to you. C. Sig re ■ Attach this card to the back of the mailpiece, X &Agent or on the front if space permits. see D. Robert Nicetta 1• Article Addressed to: D. Is delivery address different from iffie-m 1? ❑Yes If YES,enter delivery address below: ❑ No Building Commissioner S Af�, FrCIVIct15 Q C-1 UrT►m CL411 lac+, RV Ae- Ggrerl-5 / J ��V'I CSC fJY►10 3. Service Type / (oo a o►C or yl PW 0 I l✓e- 14 Certified Mail ❑ Express Mail �An 11 Registered ❑ Return Receipt for Merchandise W v I Ur nl SMA d 1 q 01-33(13 ❑ Insured Mail ❑ C.O.D. 4. Restricted Delivery?(Extra Fee) ❑Yes 2. Article Number(Copy from service label) neo v-- 05 ()-0011-200- 1-3-1 PS Form 3811,Jul 1999 Y Domestic Return Receipt I to ��� ] ! fpgs95�4s-�-f 7�s Francis A.DlLuna,— , _ ra��zr.:'� ':�,:� 3 ftHiil t:i,H,luliill i lil alt li li Murtha Cullina Roche Carens&DeGiacomo �- 600 Unicorn Park Drive Woburn,Massachusetts 01801-3343 RE: August 13,2002 audiotape of the 5 Boston Street public hearing. Dear Atty.DiLuna: Please feel free to have a representative who has familiarity with audio recording equipment come to 27 Charles Street,North Andover,Massachusetts any time Monday through Thursday,9:00 AM through 2:00 PM during the ZBA clerk's hours,bringing their own micro cassette copying equipment and audio tape. Please call ahead to ensure that the ZBA clerk can be present to observe the taping session. Very truly yours, William J. Sullivan,Chairman North Andover Zoning Board of Appeals CC: D.Robert Nicetta,Building Commissioner ZBA file U.S. Postal Service CERTIFIED MAIL Fax RECEIPT Certified Mail#7000-0520-0021-5970-9832 Only;(Domestic Mail - ru M WJS:mg co Ir p Postage $ v t 3 N Certified Fee ,30 etp. rq Return Receipt Fee f 07 it.n. ru (Endorsement Required) l 13 Restricted Delivery Fee Q (Endorsement Required) C3 Total Postage&Fees $ ru Ln Recipient's Name (Please Pr nt Clearly)(To be c mpleted by mailer) Il,' � �YyvtC`�1 ��!4C�`, -- y.C��__�-diJ nth--- Stre Apt.No.;or PO Box No. ''// Board of Appeals 68879541 Building 688-9545 Conservat O X00 (-QN,C o f✓1 �°I t t� (14/2. ................�_ ----------- Clty,State,ZIP+4 W 14L4441 ,M c7frvol - 33N w Pira _M..... 1aa1lS� F Sleadd�io R�08 � I V xoq slgl ul ti+dlZ Pue 'ssaJ PPB 'aweu anoA tuud aseald JapuaS OL-J 'ON;!wjad SdS(1 ° P1ed sea j'8 a6elsod 1 !!ew ssel0-Isa!j z Af 3OIA83S IV1SOd S31VLS 0311Nn Town of North Andover Qf ,,QRTh Office of the Zoning Board of Appeals F s Community Development and Services Division •i �a 27 Charles Street North Andover,Massachusetts 01845 'Ss�CHus� D. Robert Nicetta Telephone(978)688-9541 Building Commissioner Fax(978)688-9542 August 19,2002 Francis A.DiLuna,Esq. Murtha Cullina Roche Carens&DeGiacomo 600 Unicom Park Drive Woburn,Massachusetts 01801-3343 RE: August 13,2002 audiotape of the 5 Boston Street public hearing. Dear Atty.DiLuna: Please feel free to have a representative who has familiarity with audio recording equipment come to 27 Charles Street,North Andover,Massachusetts any time Monday through Thursday,9:00 AM through 2:00 PM during the ZBA clerk's hours,bringing their own micro cassette copying equipment and audio tape. Please call ahead to ensure that the ZBA clerk can be present to observe the taping session. Very truly yours, William J. Sullivan,Chairman North �Andover �IZoning Board of Appeals CC: D.Robert Nicetta,Building Commissioner ZBA file U.S.Postal Service Fax CERTIFIED MAIL RECEIPT Certified Mail#7000-0520-0021-5970-9832 Only;(Domestic Mail Provided) ru ME WJS:mg a Q Postage $ o J7 -7\� '` o O' Certified Fee ;3 u-I c 1 y v a �.s ' Return Fee i Here (Endorsement Required) Retu ru C3 Restricted Delivery Fee p (Endorsement Required) O Total Postage&Fees $ t a ru Ln e�cipient's Name (Please Print Clearly)(To be cg 1m-pleted by metier) �yY_I.c�.�---� t3 Stre#Apt No.;or PO Box No. t PoIBoard of Appeals 688-9541 Building 688-9545 Conservat O ` Y v,C 0 f✓I rI/� [1_✓_E'----------------------------_----- OC-ltyState,ZIP+4 � ,n� 0 I Ivo l — 3 3 ii I Slewdiv �'a la . xoq s14l ul t,+dIZ Pue `ssaJ PPe `aweu jnoAluud aseald :japuaS . (4-0 'ON PLUS% P!ed S99=1 I?a6e;sod I!eW sselD-;sn j 3DIA83S lb'1SOd S31b'ls O311Nn Town of North Andover Office of the Zoning Board of Appeals F: Community Development and Services Division 27 Charles Street North Andover,Massachusetts 01845 ,ss�cr+U D. Robert Nicetta. Telephone(978)688-9541 Building Commissioner Fax(978)688-9542 August 19,2002 Francis A.DiLuna,Esq. Murtha Cullina Roche Carens&DeGiacomo 600 Unicorn Park Drive — — Woburn,Massachusetts Certified Mail Provides: 01801-3343 ■A mailing receipt m A unique identifier for your mailpiece RE: August 13,2002 audiotape of the 5 Boston St u A signature upon delivery ■A record of delivery kept by the Postal Service for two years Important Reminders: Dear Atty.DiLuna: ■Certified Mail may ONLY be combined with First-Class Mail or Priority Mail. m Certified Mail is not available for any class of international mail. Please feel free to have a representative who has fat ■ NO INSURANCE COVERAGE IS PROVIDED with Certified lMail. For to 27 Charles Street,North Andover,Massachusetts valuables,please consider Insured or Registered Mail. o For an additional fee,a Return Receipt may be rgg4esiedvide proof of AM through 2:00 PM during the ZBA clerk completeach a Return equipment and audio tape. Please call ahead to ens, Receipt(PS Form 3811)to the article and add applicable pia to cover the fee.Endorse mailpiece"Return Receipt Requested".To receive a fee waiver for observe the taping session. a duplicate return receipt,a USPS postmark on your Certified Mail receipt is required. ■For an additional fee, delivery may be restricted to the addressee or Very truly yours, addressee's authorized agent.Advise the clerk or mark the mailpiece with the endorsement"Restricted Delivery". s If a postmark on the Certified Mail receipt is desired,please present the arti- cle at the post office for postmarking. If a postmark on the Certified Mail j William J. Sullivan,Chairman receipt is not needed,detach and affix label with postage and mail. North Andover Zoning Board of Appeals IMPORTANT:Save this receipt and present it when making an inquiry. i� zfz G�/��� ._ -�-pr— s �c�,,,,y �, PS Form 3800,February 2000(Reverse) 102595.00-M-1489 CC: D.Robert Nicetta,Building Commissioner ZBA file Fax Certified Mail#7000-0520-0021-5970-9832 WJS:mg Board of Appeals 68879541 Building 688-9545 Conservation 688-9530 Health 688-9540 Planning 688-9535 HP OfficeJet Fax Log Report Personal Printer/Fax/Copier Aug-21-02 01:40 PM Last Fax Identification Result Pages Tyne Date Time Duration a ostic 816172107090 OK 02 Sent Aug-21 12:53P 00:00:36 002482030022 1.2.0 2.8 MURTHA CULLINA 600 UNICORN PARK DRIVE ROCHE CARENS & DEGIACOMO WOBURN,MASSACHUSETTS 01801-3343 A L I M I T E D L I A B I L I T Y P A R T N E R S H I P TELEPHONE(781)933-5505 FACSIMILE (781)933-1530 www murthalaw.com August 15, 2002 North Andover Zoning Board of Appeals 27 Charles Street North Andover, Massachusetts 01845 RE: 5 Boston Road Dear Sir or Madam: Pursuant to the provisions of G. L. c.66, §10 and 950 CMR 32.05, please provide to me, within ten (10) days, copies of the audio tape that recorded the public hearing concerning Benjamin Farnum's Application heard on August 13, 2002. For your convenience a copy of the agenda is enclosed. It is my understanding that none of the public documents req sted above are exempt pursuant to the provisions of G. L. c.4, §7, clause 26. Very truly you , Franci A FAD/mjf Enclosure cc: Benjamin G. Farnum N E C EWE AUG 16 2002 D BOARD OF APPEALS B O S T O N H A R T F O R D N E W H A V E N W 0 B U R N Page 1 of 2 Regular Meeting Senior Center,120R Main Street,North Andover,MA August 13, 2002 Time: 7:30 PM *Members who have heard evidence Request District OLD/NEW BUSINESS: Approval of minutes. Special August 29,2002 meeting—4:00 PM—Town Hall Library, 120 Main Street,North Andover. CONTINUED MEETINGS: (**Requested continuance until December 10,2002 meeting) Property owner's of Party Aggrieved R-2 *WJS/WFS/RV/JP/EM/GE Foxwood Drive&Weyland Circle (voted to continue**WJS/WFS/RV/JP/SK) ( 44 44 **WJS/WFS/JP/SK/GE) ( "**WJS/RF/SK/EM/GE/JL (**Requested continuance until October 8,2002 meeting) Napoli Trucking Co. Special Permit R-4 *WJS/WFS/JP/RF/EM 52 Inglewood Street *WJS/WFS/JP/RF/ (voted to continue **WJS/WFS/JP/RF/EM/GE) ( " 46 **WJS/WFS/RF/EM/GE) ( **WJS/WFS/RF/SK/EM/GE/JL) (**Requesting continuance until September 10,2002 meeting) Margot Lindau Party Aggrieved R-1 WJS/WFS/RF/SK/EM/JL 1070 Salem Street Building Commissioner (Voted to continue**WJS/WFS/RF/SK/EM/JL) (**Requested reconsideration at August 13,2002 meeting) Ann T.Barbagallo Variance *WJS/SK/GE/JL Lot 13C Duncan Drive (**Requested reconsideration at August 13,2002 meeting) Barlo Sims,agent for Bertucci's Special Permit GB *RPF/JMP/EPM/GME/JDL 435 Andover Street (**Requested reconsideration at August 13,2002 meeting) Barlo Signs,agent for Berucci's Variance GB*WJS/WFS/RF/SK/EM/GE/JL 435 Andover Street Auu 16 2002 BOARD OF APPEALS Page 2 of 2 Regular Meeting Senior Center,120R Main Street,North Andover,MA JULY PUBLIC HEARINGS: LEGAL NOTICES READ: (**Requested continuance until August 13,2002 meeting) David Scanlon&Virginia Sullivan Variance&Special Permit R-4 322 Middlesex Street (Voted to continue **WJS/WFS/RF/SK/EM/GE/JL) (**Requested continuance until August 13,2002 meeting) Atlantic Realty Trust Variance&Special Permit . VC For premises at: 740 Turnpike Street (Voted to continue **WJS/WFS/RF/SK/EM/GE/JL) **Requested continuance until August 13,2002 meeting) Valley Realty Development,LLC Comprehensive Permit R-2&I-1 For premises at: 2357 Turnpike Street (Voted to continue **WJS/WFS/RF/SK/EM/GE/JL) AUGUST PUBLIC HEARINGS: Robert&Nellie Skinner R-4 106 Waverly Street Variance&Special Permit New England Power Company, R-1 55 Bearfoot Row,Northborough,MA For premises at: 0 Foster Street Special Permit James Mahan Variance&Special Permit R-4 39 Adams Avenue Benjamin Farnum . Party Aggrieved V-R For premises at: 5 Boston Street Building Commissioner A. L.Prime Energy,Inc., Party Aggrieved GB 318B Salem St,Wakefield MA Building Commissioner for premises at: 1725 Turnpike Street Note: Matters may be called out of order and not as they appear on the agenda. Deliberations and vote on any issue taken under advisement may take place later in the meetingafter fter the conclusion of the hep-ring and other matters listed on the agenda. "All interested parties are invited to remain to the end of the meeting". Page 2 of 2 Regular Meeting Senior Center,120R Main Street,North Andover,MA JULY PUBLIC HEARINGS: LEGAL NOTICES READ: (**Requested continuance until August 13,2002 meeting) David Scanlon&Virginia Sullivan Variance&Special Pemvt R-4 322 Middlesex Street (Voted to continue **WJS/WFS/RF/SK/EM/GE/JL) **Re uested continuance until Au ust 13 2002 meetin Atlantic Realty Trust Variance&Special Pemn t VC For premises at: 740 Turnpike Street (Voted to continue **W S/WFS/RF/SK/EM/GE/JL) (**Requested continuance until August 13,2002 meeting) Valley Realty Development,LLC Comprehensive Permit R-2&I-1 For premises at: 2357 Tumpike Street (Voted to continue **WJS/WFS/RF/SK/EM/GE/JL) AUGUST PUBLIC HEARINGS: Robert&Nellie Skinner R-4 106 Waverly Street Variance&Special Permit New England Power Company, R=1 55 Bearfoot Row,Northborough,MA For premises at: 0 Foster Street Special Permit James Mahan Variance&Special Permit R-4 39 Adams Avenue Benjamin Farnum Party Aggrieved V-R For premises at: 5 Boston Street Building Commissioner A.L.Prime Energy,Inc., Party Aggrieved GB 318B Salem St,Wakefield MA Building Commissioner for premises at: 1725 Turnpike Street Note: Matters may be called out of order and not as they appear on the agenda. Deliberations and vote on any issue taken under advisement may take place later in the meeting after the conclusion of the hearing and other matters listed on the agenda. "All interested parties are invited to remain to the end of the meeting". AUG 16 2002 BOARD OF APPEALS Page 1 of 2 Regular Meeting Senior Center,120R Main Street,North Andover,MA August 13, 2002 Time: 7:30 PM *Members who have heard evidence Request District OLD/NEW BUSINESS: Approval of minutes. Special August 29,2002 meeting—4:00 PM—Town Hall Library, 120 Main Street,North Andover. CONTINUED MEETINGS: (**Requested continuance until December 10,2002 meeting) Property owner's of Party ggrieved R-2 *WJS/WFS/RV/JP/EM/GE Foxwood Drive&Weyland Circle (voted to continue**WJS/WFS/RV/JP/SK) ( 46 **WJS/WFS/JP/SK/GE) ( 64 "**WJS/RF/SK/EM/GE/JL (**Requested continuance until October 8,2002 meeting) Napoli Trucking Co Special Permit R-4 *WJS/WFS/JP/RF/EM 52 Inglewood Street *WJS/WFS/JP/RF/ (voted to continue **WJS,IWFS/JP/RF/EM/GE) ( 66 " **WJS/WFS/RF/EM/GE) ( **WJS/WFS/RF/SK/EM/GE/JL) (**Requesting continuance until September 10,2002 meeting) Margot Lindau Party Aggrieved R-1 WJS/WFS/RF/SK/EM/JL 1070 Salem Street Building Commissioner (Voted to continue**W JS/WFS/RF/SK/EM/JL) (**Requested reconsideration at August 13,2002 meeting) Ann T Barbagallo Variance *WJS/SK/GE/JL Lot 13C Duncan Drive (**Requested reconsideration at August 13,2002 meeting) Barlo Signs agent for Bertucci's Special Permit GB *RPF/JMP/EPM/GME/JDL 435 Andover Street (**Requested reconsideration at August 13,2002 meeting) Barlo Signs agent for Bertucci's Variance GB*WJS/WFS/RF/SK/EM/GE/JL 435 Andover Street MURTHA CULLINA 0175': ROCHE CARENS & DEGIACOMO u.s.�a_rr�E 600 UNICORN PARK DRIVE Y P p p T„ E R 5 H P Q 0a 3WOBURN,MASSACHUSETTS 01801-3343 H TEETER §42G 3 �j North Andover Zoning Board of Appeals 27 Charles Street North Andover, Massachusetts 01845 AUG 16 2002 D BOARD OF APPEALS ;Idsil??i?3111if All i!i?di??Ili 311d1*1Ihdli?ii Town of North Andover o� NORT#t Office of the Zoning Board of Appeals o? , Community Development and Services Division 27 Charles Street �AATIO � North Andover,Massachusetts 01845 us�� D. Robert Nicetta Telephone (978)688-9541 Building Commissioner Fax(978) 688-9542 Date N N TO: Town of North Andover � o m Zoning Board of Appeals c- 27 Charles Street c-� M. North Andover MA 01845 0�`'� -0 ma c: rn � .r J= Please be advised that I have agreed to waive the time constraints for the Zoning Board of appe o make a decision regarding the granting of P.e t; or tdi for property located at: e t314? STREET: �G S O oil v TOWN: n a Vat MEETING DATE(S): NAME OF PET R: Signed: Petit' ner(or e tioner rep ntative) WAIVER BOAR PPEALS 688-9541 BUU ll1NG 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688- AUG 39�3 02 BOARD OF APPEALS Town of North Andover of RT" l Office Of the Plan n Depart e d o i=��o -�tioL 2 SE.� . .6 Q Community Development and Services Division. 27 Charles Street a North Andover, Massachusetts 01845 �9'^�*E •s"'cs ' SSACHUSE� _ Heidi Griffin Telephone (978) 688-95 Planning Director Fax (978) 688_9542 August 21, 2001 U 5�� Mr. Francis A. DiLuna 600 Unicorn Park Drive Woburn, Massachusetts 01801-3342 RE. Request for Building Permit Application Map 107C, Lot 11 S Dear Mr. DiLuna: This letter is to con-firm our telephone conversation ofJuly 27,2001. I am tvrrting this letter to once inform{� � t YMIAMI again lC1fOZ'm you t��V�����+,iu�l�� }�[�}�' IT AMMV Specifically, I will require the following items: }� 1- Tr decision requires that the appt place into escrow a sum of, money to cover the costs-of removing the facility from the subject property,. - 2- a he decision requires that mstuanee in a reasonable-` s_ �` amount determined and approved-by the SPGA after consultation at the expense of the applicant with one(l) or more insurance companies shall be in force to cover damage from the structure, damage from , and other site liabilities-.... . 3 A-01" _ vim'•- � decision requires that fiords, 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 BO.=SJ:_D C?F,`*PPFAi-S 6�-8-9541 BIALDJWG 6F,,i-9545 CONSERVATION 688-95 30 HEzV.TH 638.9540 PI.LNNINGG 688-9535 Town of North Andover � t26R7yy Office of the Plan n Depart�ne Community Development and Services Division 27 Charles Street North Andover, Massachusetts 0184534 Z•,TEo ��s x SSACHk15Et - Heidi Griffin Telephone (978) 688-95 Planning Director Fax (978) 688-9542 August 21, 2001 Mr. Francis A. DiLuna 600 Unicorn Park Drive Woburn, Massachusetts 01801-3342 RE. Request for Building Permit Application Map 107C, Lot 11 5 Dear Mr. DiLuna: This letter is to confirm our telephone conversation of July 27,2001. b am Writing 1 letter to once again inform you t1 y o t o yy'} LA IN owl pb � / l All 5 5. Specifically, I will require the following items: 1- � decision requires that the applicant Place it.escrow a sum of money to cover the costs-of removing the facility from the sutgect property... 2- s decision 4 ._. t he requires that insurance in a reasonable amount determined and approved by the SPGA after consultation at the expense of the applicant with one(l) or more insurance companies shall be in force to cover damage from the structure, damage from transmissions and other site liabilities-.... 3• ` the decision requires that fiords, 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 shallbe authorized to expend the funds for the maintenance of the facility on terms to be agreed BO:iJ',D OF.-PPF,.ALS 6o8-9.41 BIALDR Gi 68,9-9i4i CONSERVATION 63$-9;30 HEAji TH 63F-9540 IPLAINI\ING 681""M5 upon by the carrier and the SPGA as a condition of approval of the special permit. gl�)p .he decision requires that a bond in the amount of$5,000 rte-c.Z.�_�. t be posted... . 5 qui% res that a construction schedule be submitted to the Planning tLASu'e_.. Staff 6. requires that a noise survey providing evidence of baseline noise ::conditions be provided..... mR<rcrluires the applicant provide the necessary escrow accounts and insurance as required in the ABOVE sections (listed in all above nurnbered Mems) S. IM% of fhe decision requires that final site plan mylars must be endorsed and three copies delivered to the Planning Department. I have yet to receive any of the above requested items which I asked for during our last telephone conversation. If you could kindly respond as to.when.you anticipate providing these items, I would greatly appreciate it. - 1 Sincerely, Heidi Griffin Planning Director cc_ Robert Nicetta, Building Commissioner i West nide of Boston St. Knorr as December 2h,1984 Boston Hill A Nynex Mobile communications Co-and Benjamin Farn?am Grant Special Permit:ins-all and use equipment r q pmvnt in an area of appoximately 20x20 on the 5th floor of existing building and to install and use five 121 antennas on top of the building the size of fishing rods. That no more then five antennas the size of fihsing rods with a max, height of 121F be allowed on top of the buildir. Granted Bd. of appeals 12/1484 I 'Z URBELIS, FIELDSTEEL&BAILIN, LLP 155 FEDERAL STREET BOSTON, MASSACHUSETTS 02110-1727 THOMAS J. URBELIS Telephone 617-338-2200 Andover Office E-MAIL:tju@ufb.com Telecopier 617-338-0122 Telephone 978-475-4552 April 25, 2000 Ms. Heidi Griffin Town Planner Town of North Andover 27 Charles Street North Andover, MA 01845 RE: Boston Ski Hill - Telecommunications Tower Application Dear Heidi: You have asked my opinion as to whether Benjamin Farnum should file a special permit request with the Planning Board or the Zoning Board of Appeals, which issued a special permit on February 24, 1997, which was prior to the May, 1998 adoption of Section 8.9, the Wireless Facilities Zoning Bylaw. Section 8.9.1 (a) of the Bylaw states: "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." (emphasis added). s:\wp51\w oi k\n-atidovekon esp\gr iffinboshill2hr.doc 1 ,RBELIS, FIELDSTEEL & BAILIN, LLP April 25, 2000 Page 2 Section 8.9.7 of the Bylaw states: "a) A modification of a wireless 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." Since Town Meeting has voted to designate the Planning Board as the Special Permit granting authority for placement, construction and modification of wireless service facilities, it-is my opinion that the Planning Board, and not the Zoning Board of Appeals, has the jurisdiction to consider the special permit request at issue. Please call if you have any questions, or if there is anything else you need. Very truly yours, Thomas J61Jrbelis TJU:lss cc: Board of Selectmen Planning Board Zoning Board of Appeals Terri Ackerman D. Robert Nicetta William Scott Town of North Andover NORTH OFFICE OF oy 0 COMMUNITY DEVELOPMENT AND SERVICES 27 Charles Street . North Andover, Massachusetts 01845 `°q,..°-•"` 5 WILLIAM J. SCOTT 9SSACHus�s Director (978)688-9531 Fax(978)688-9542 April 5, 2000 Mr. Thomas Urbelis Urbelis, Fieldsteel & Bailin, LLP 155 Federal Street Boston, MA 02110-1727 RE: Boston Ski Hill— Telecommunications Tower Application Dear Mr. Urbelis: The Chairman of the Zoning Board of Appeals, Walter Soule, has been in contact with the Planning Board Chairman, Alison Lescarbeau, and has asked questions regarding the procedural requirements of the telecommunications tower on Ben Farnum's property. Mr. Soule is referring to the Zoning Board of Appeals Decision issued on February 24, 1997 (attached), specifically to condition #5, which states "This special permit applies to only the two antenna arrays identified in the Petition, including the plans submitted therewith_ Any further installation contemplated shall require separate application to this Board for a special permit". At Town Meeting in May of 1998, the Town adopted a Wireless Service Facilities Bylaw, herein adopted and referenced as Section 8.9 of the Town of North Andover Zoning Bylaw. The SPGA referred to in this section is the Planning Board, where in the past it was the Zoning Board of Appeals. As such, would this mean that Mr. Farnum is grandfathered from applying under the newly adopted Section 8.9 of the Zoning Bylaw and applying to the Planning Board for a .special permit, and that he is eligible to file for a special permit with the Zoning Board of Appeals instead? And, if this is true, should the Planning Board revoke their decision issued to AT&T Wireless that was granted to them on April 21, 1999? I look forward to your opinion on these matters. BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535 Aside from the abovementioned, I have scheduled a public hearing for the proposal on May 2, 2000. If I receive feedback from Town Counsel that would indicate that the parcel is not eligible to be grandfathered, I will let you know immediately. I would also like to point out that any variances required are typically obtained prior to the Planning Board hearing. However, I understand your dilemma relative to the height of the buildings and the Board of Appeal's direction to you, and will place the item on the Planning Board agenda for May 2, 2000. If you have any questions, please do not hesitate to contact me. f Sincerely, Heidi di Cmffin Town Planner cc: Robert Nicetta, Building Commissioner's Tom Urbelis, Town Counsel L J.i I L DRQ DSNt�4`,� T 0`flN U"LERK NORTH ANDOVER TOWN OF NORTH ANDOVER ZQDZ AUG I p (: 39 ZONING BOARD OF APPEALS In Re: Boston Hill Farm Benjamin G. Farnum Map 107C,'Parcel 11 Boston Street North Andover,Massachusetts MEMORANDUM IN SUPPORT OF BENJAMIN G.FARNUM'S APPLICATION FOR FINDING The purpose of this memorandum is to provide the Board with information relative to the above-referenced Application that is scheduled for public hearing on Tuesday, August 13, 2002. APPLICATION The Applicant is seeking this Board to overturn the action of the Building Commissioner's imposing conditions to Building Permit No. 605 not so authorized pursuant to this Board's Decision of March 22, 2002 and amended April 26, 2002. The Applicant is Benjamin G. Farnum of 397 Farnum Street, North Andover, Massachusetts. Mr. Farnum is the. owner of the property that is the subject of this Petition at 5 Boston Hill Road, North i Andover, Massachusetts (the "Tower Site"). ZONING DISTRICT The Tower Site at 5 Boston Hill Road is located in a Residential-2 (R2) Zoning District. CURRENT USE OF THE PROPERTY The Tower Site at 5 Boston Hill Road is currently used as the location for the telecommunications tower described above. � -1- FACTUAL BACKGROUND 1. On or about January 15, 1957 upon an Application by Massachusetts Institute of Technology, publication of a hearing before the North Andover Zoning Board of Appeals was caused: a. The notice stated the Petitioner was requesting a variance to the Zoning Ordinance. b. On or about January 28, 1957, the North Andover Zoning Board of Appeals held a hearing and on February 4, 1957 filed with the North Andover Town Clerk a Decision. (Said Decision is appended hereto and marked Exhibit "A"). 2. Pursuant to the Decision, the Petitioners were granted the following visa via a "Special Permit": To erect and maintain on a tract of land in the Boston Hill area of the Town of North Andover the following: 1. One radar antenna support tower concrete construction eighty-four (84') feet in height surmounted by a sixteen (16') foot driving mechanism upon which will rest a reflector (antenna), one hundred twenty (120') feet wide and thirty (30') feet in height, which in turn will be surmounted by an IFF antenna two (2') feet in height. The total height of the structure from the ground to the top of the IFF antenna will be one hundred thirty-two (132') feet. -2- 2. One forty (40') foot radar tower surmounted by a twenty-six (26') foot radome. The combined height of the tower and radome comprises sixty-six (66') feet. 3. One sixty (60') foot parabolic reflector mounted on a six-foot pedestal. The total height of this structure will be sixty-six (66')feet. • The generators and related equipment required to operate the two small towers will be housed in two prefabricated buildings, each of which will have a floor area seventy (70') by forty (40') feet, totaling fifty-six hundred(5,600') square feet. 3. The Decision clearly states the North Andover Zoning Board of Appeals members "made the Motion to GRANT the VARIANCE", however a "Special Permit" was erroneously granted. (See Exhibit`B"). 4.1 On or about April 1, 1982, Benjamin Farnum filed with the North Andover Zoning Board of Appeals a reapplication under Section 10,Paragraph 10.8 of the Zoning By- Laws to permit the extension of the Special Permit [sic] granted in 1957. 4.2. On or about July 23, 1982, the Board allowed a "Special Permit" allowing antenna and transmitting dishes to the existing concrete tower not to exceed a total height of one hundred forty (140') feet. (See Exhibit "C"). 5. On or about February 21, 1984, the North Andover Zoning Board of Appeals granted a Special Permit to use the facility for broadcasting purposes. (See Exhibit "D"). 6. On or about December 14, 1984, the North Andover Zoning Board of Appeals granted a Special Permit to house communication equipment at the site. (See Exhibit"E"). -3- 7. On or about February 24, 1997, the North Andover Zoning Board of Appeals granted with conditions a Special Permit to extend a prior nonconforming use of the tower site and the attachment of two antenna arrays for the operation of a personal communication wireless systems. (See Exhibit "F"). 8. On or about August 25, 1997, the North Andover Zoning Board of Appeals granted a Special Permit to extend the nonconforming use of the Tower Site. (See Exhibit «G„ 9. On or about June 1, 1998, the North Andover Zoning Board of Appeals granted a special permit to allow the alteration of the tower brackets to achieve correct alignment for gamma direction. (See Exhibit IT'). 10. On or about May 11, 1998, the Town of North Andover at Town Meeting adopted an amendment to the North Andover Zoning By-Laws to include zoning provisions for Wireless Service Facilities. (See Exhibits 'T' and"J"). 11. On or about April 21, 1999 the Planning Board of North Andover issued a decision allowing AT&T's Application for a Special Permit dated February 16, 1999. (See Exhibit"K'). 12. On or about June 22, 2001 Mr. Farnum filed with the North Andover Building Department an Application for a Building Permit to erect the two (2) microwave antennae as allowed by the Special Permit dated April, 21 1999. (See Exhibit"U). 13. On or about August 15, 2001 the North Andover Building Department was informed of its non-compliance under the provisions of 780 CMR 111.1. (See Exhibit "M"). 14. On or about October 1, 2001 Mr. Farnum filed an appeal with the State Building Code Appeals Board asking the Board to issue an order to the North Andover -4- Building pb g Department forcing them to take action with regard to Mr. Farnum's June 22 2001 Application for a Building Permit. (See Exhibit "N"). 15. On or about December 20, 2001, the State Building Code Appeals Board issued a decision requiring action to be taken by the North Andover Building Commissioner on Mr. Farnum's Building Permit Application. (See Exhibit"O"). 16. On or about January 2, 2002, the North Andover Building Commissioner denied Mr. Farnum's Application for a Building Permit dated June 22, 2001. (See Exhibit 17. On or about February 26, 2002, Mr. Farnum filed an Application for a Finding with the North Andover Zoning Board of Appeals requesting that the Board overturn the Building Commissioner's Denial of Mr. Farnum's Application for a Building Permit dated June 22, 2001. (See Exhibit 18. On or about March 22, 2002 the North Andover Zoning Board of Appeals granted Mr. Farnum's Application for a Finding and instructed the Building Commissioner to issue a Building Permit for the erection of the two (2) microwave antennae. (See Exhibit «R„ 19'. On or about April 26, 2002 the North Andover Zoning Board of Appeals issued a Modification of their Decision of March 22, 2002 to correct a scrivener error requiring that the words "Special Permit" be corrected to "Building Permit." (See Exhibit «S„ ` 20. On or about May 17, 2002, the Building Department issued Building Permit No. 605 to Mr. Farnum authorizing the erection of two (2) microwave antennae with no i -5- conditions. The Permit contains conditions not authorized by the Board and requiring adherence to the provisions of a Special Permit. (See Exhibit"T"). 21. On or about June 13, 2002, Mr. Farnum filed with the North Andover Zoning Board of Appeals an Application for a Finding requesting that the Board overturn the Building Commissioner's Decision imposing conditions on the Building Permit not so authorized by the Board's March 22, 2002 Decision. (See Exhibit"U'). DISCUSSION This Board is required to abide by its prior decisions and allow the Applicant to further expand his lawful use of the Tower Site to erect additional antennae to the existing tower. Imposition of additional requirements not previously contemplated in the Board's prior decisions constitute substantive modifications which are unauthorized absent a specific request by the applicant, formal notice and public hearing requirements. As discussed above, in February of 1957 the North Andover Board of Appeals (hereinafter "the Board") filed a Decision with the Town Clerk. The Decision (appended hereto as Exhibit "A") granted a variance to the Massachusetts Institute of Technology pursuant to the provisions of then in effect M. G. L. Chapter 40A, §14 (subsequently amended to M. G. L. c. 40A, §10). The 1957 Variance permitted the construction and operation of a communications tower not in excess of one hundred forty (140') feet. Nowhere in the text of the 1957 Variance Decision nor the January 14, 1957 Minutes of the Public Hearing regarding the variance request (appended hereto as Exhibit "C") is there found a limitation on the duration of the validity of the Variance. -6- Twenty-five years later in 1982, the North Andover Board of Appeals had occasion to review its granting of the 1957 Variance (that Decision is appended hereto as Exhibit The Board then concluded that even though the 1957 Decision referred to a "Special Permit", what was actually granted was a "Variance." The Board in 1982 granted the Applicant a "Special Permit" to allow for the construction of antennae and transmitting dishes upon the existing tower so long as such constructions do not exceed the one hundred forty (140')foot requirement of the original variance. The Board stated in the 1982 Decision that "these minimal changes would extend the rights already granted by the variance, and clarify the petitioner's rights and ability to use the variance originally granted to MIT." Additionally, as in 1957, there exists no indication that the Board intended to limit the duration of the validity of the Variance. The two Board of Appeals Decisions in 1957 and 1982 represent a clear intention on the part of the Board to confer upon the Applicant the right to expand the lawful nonconforming use of the Tower Site provided that the Applicant adhere to the terms of the original 1957 Variance, specifically the one hundred forty(140')foot height limitation. In the present matter the Board is required to abide by its prior decisions and allow the Applicant to further expand his lawful nonconforming use of the Tower Site to erect two (2) additional antennae to the existing tower. Imposition of additional restrictions or requiring a Special Permit for the construction of the antennae are substantive modifications of prior Board of Appeals Decisions. M. G. L. Chapter 40A §14 grants a Board of Appeals limited authority to "modify any order or decision." The governing rule for modification of Board decisions was summarized in Tenneco Oil Co. v. City Council of Springfield, 406 Mass. 658, 659-660 -7- (1990). In Tenneco, the court quoted Huntington v. Zoning Appeals of Hadley, 12 Mass. App. Ct. 710 (1981) stated that: "when a board wishes to change or amend a previous decision, a zoning board has "'inherent power to correct an inadvertent or clerical error in its decision so that the record reflects its true intention' . . . [but than the board may not make a substantive amendment which changes the result of an original deliberate decision, or which grants relief different from that originally granted, without compliance with the relevant notice and hearing requirements" Huntington, 12 Mass. App. Ct. at 714 n. 4, quoting Selectmen of Stockbridge v. Monument Inn,Inc., 8 Mass. App. Ct. 158, 164 (1979)." The Huntington rule contemplates situations in which the Board is asked by petitioner to modify an original decision. The court specifically reserved judgment on modifications sought by the board on its own motion or motion by interested parties. The Massachusetts Appeals Court in Cassani v. Planning Board of Hull, 1 Mass. App. Ct. 451, 456 (1973) indicated that "there is much confusion in the law as to whether and to what extent administrative bodies. are empowered to modify their own decisions." The court ultimately concluded that the general principles of administrative law did not imply such a power. Further, in Solar v. Zoning Board of Appeals of Lincoln, 33 Mass. App. Ct. 398, 401 (1992), the appeals court ruled that a board was not free to modify a special permit to add an ownership condition. Applying these authorities to the current matter, neither the Building Commissioner nor the Board of Appeals is free to modify its earlier decisions to impose additional restrictions not contemplated in such prior decisions. Clearly, the Board is without the power to make such substantive changes without the procedural requirements of notice and a public hearing. Moreover, to impose additional restrictions on the original 1957 variance or the -8- 1984 special permit would constitute substantive modifications that were not requested by the Applicant. As such, the courts in Huntington, Cassani and Solar indicate the Board is without authority under M.G.L. c. 40A §14 to impose substantive modifications absent a request from the applicant. The Board must therefore abide by its decisions in 1957 and 1984 and allow the Applicant to construct the antennae upon the existing telecommunications tower without inclusion of the unauthorized special permit requirements included in Building Permit No. 605 issued the by the North Andover Building Commissioner. CONCLUSION Consistent with the above facts and law, the Board of Appeals must overturn the conditions imposed by the Building Commissioner with respect to Building Permit 605 and order the Building Commissioner to issue the Building Permit dated June 22, 2001 and filed at the Building Commissioner's office on June 29, 2001 without conditions. Respectfully subtm tWd; Benjamin-G. Farnum By-Ibis attorney, rancis A. Di una u , BBO#547639 Murtha Cullina Roche Carens & DeGiacomo, LLP 600 Unicorn Park Drive Woburn,MA 01801 Dated: August 13, 2002 -9- -76 TOWN OF NCK i H ANDOVER T1�siabaM�ylMtlw�!►(�6;�y! MASSACHUSETTS i+ave�wlfNII1�11sotd�d�foaNd ! ,n�odt� � -- BOARD O'F APPEALS �---•---- - 7owRC�IA{ NOTICE OF DECISION Date- Fel,=P=2Qt••?057--- Petition _ • --. - Date of Pleasing =:!t4uaty-28, 1957 - Petition of Y-!;jaachusetts ln_stitute of Techaoloev — Premises affected Boston HM, North A ndover, 1•�ss: _ Referring to the above petition for a variation from the regmr,emeats of thP the Tom of hoxi'th Andovera Massachusetts so as to permit the err.4 t;an cif r-a-tair rr'art��•P7 S fns raseArch }d ea 7��-4 -_fit rm,-ntL-fir to A might in excess of that Dermitted by Section 8 of said Zoning Ry-7 alas entitled "Rui2ding Height Permitted." After a public hearing given on the above dater the Board of Appeals voted to__GRA2i'_ _the VA?ZAI%MEE _and hereby authorize the Building inspector to issue a permit to__ Npz.gRchnsetts Institute of Techno?6gr __ for the construction of the above work,b:sed upon the following rorrlitionv: APR Z9°93PM2*05! Signed: - - A3'�F.4D - z! A'hm(ropy Ito,nh 1•inck Chairmars „__—_•,_ ; el.�ic _ :SSi_^o o ' , Sec=taM - a liP2f� IuT� Niahclas ::1.cetttx :iernf,th ^erroux Board of.4Wa is �9� fit. . • ' TOWN OF 11ORTH ODOM Fitdinaa and*Decision of-the Board of,Ap eals as Constituted under Chapter 40A0 Section 1� of the General laws of.Massachusstts acting under 844- tion.4 of said Chaptort" upon Petition -o! Hasa- ohusetts Institute of Technolbgy dated January, 1957• A public bearing was _held on.Nonday.:*Tonings Jarnrary 28* 1957 at the Toren- 'Building in. North Aitelowrir arsusnt. to notice dulj given,aocordigg to.law and to the Rules.oft �.!cards open Petition +:. �reiaatUr called the 'i'2-7;..•,. of tiaaaaohwtatti:ZrrstSf�t at Taclit►ology bbl! ' . ?' "Instituta�"} dsr#ied.di 7 , X957, on, flu.`xitl the.Board for - .. '.1 �'•-y' .speQial.-permit for on Exception permittiv.8 mat d instSiwte t '.• Ta s2-eci.and:maintain on a -treat of land An the Boston o of Both Andover the folio 1zg% hill area of the. Town; 1. One radap.iintsnna support tower cenerst� : constx otion eighty-fMW ($4) test.in :. . hol t- sosarounted by 4.Sixteen (16) toot L dr#ri:rg r4srrhaais10 upon which wtill:rest retleator(ontenna)„ one d twenty (120) lest wide and thirty (30) feet 10 heights which in turn win be surjwmtsd by an 7 satent►a two feet in hsilfht. The total hoight of tbs strustare 12-010 the ground ,to the top of the UP sntems will _ be.ons hundred thirty-two (132) test, gi pAe Ott t4Q) loot radar tower surnmuntsd :, f.,. ... b- a twenty-six (26) Soot redo++. The oost- bLed freight of the tower and radome 00a prison aeiprises -silty-slz (66) feet. 3• Cue sixty (60) foot parabolic reflector Q� mounted on a sit-toot pedestal, height of this structure will 'be sixty-412 -fest. -The generators. and re-lated equipment required to operate the two .smaller towers will be housed in two pr*tabricatod buildings; each of which. will have floor..area sweat (70). by. forty (40)-feet, totalling 5600 square Pest. The land in gnaationi•of which Boston gill id a parto is loaatod,in a Rarsj Residence.District. is"shorn on the 8tflt ial j:: - soning y,i dated 1956,` as amirkded . . t 1R=w!it2� she Toxo Q].er1r,`and::p3sa;.o `:' i Mand 3n. question shoii3hg-the .proposed inatalik4ixan wai atfsao2ia!" `'.tbesitdir�s �a► itfon:. members of the.*krd.were .priisiii�.'t�t the.:l�ear3r�: ti.' ;{•' h7iL3u`i$oara",fire fasiliar with the ]:dtitiori sadits aharaoeriatis °. rE Ai37 '•-;:: i.afHi'°iEi2'Y!Otxld - 11i�hOOd�` '•=.. ___ 4•�.~j; •r�t6slt3atdtq� 0,64A, 8i.'it 1► Pal+tial! thiMM. s93�ttiCs.; non ,.r. `t °3s:.a,p :z ''> •: ='w ;. • i�}fT-� tau •�•..t`r - • !{'i ' •,�:L•'. �nif:-•rpv't•.• �l� yl ' : '-the' aita4 :8 -:A3r:.'*03or ��,. '.'- ,.,. r.'; .ire,'.. � .: .; .. ,'- '.' ` : •' "•: '� .,.'; J=;r: ".�L't:.i'y t rSg`sr' :�'"r.: A.jam^•1�;;"�,sv .,th ... i:.:..t:•._•.."t::aaYY,_.�s..'y'i:'!8t0".uZ:at1.a..'.:�" ar.t�. d1- "._ 1--r'.a-t.*.:d•:s. .0.i-.t•`�*&.,�%staeirthe Mr� dAAA :�iy'x.1�+icM''rl•i���'••',` .�R`':*�8.�ctF� ,.�:• .,.r, ..r;,.:l�•�p;:•..w.•,v�L�' � r�:w.�1 `�`s o�C.ssok>: i.# iiii ;ir 'airora#ti:or giiid�►ei ro ami iJPd vital to flims:' ,y. D S�' _ tL rid to be thi'�ati�i ��� ._ }': W aF '.Ot:the .; a t 'N `p �i�ad 3i1ix� .fid'1.7 #ssenee♦ +s311oe .Y 1 a' -'•• -' ' :va_ FP_ l ♦ J. ressarwlist ons of various sizes, about fitty.int'?iillj: tr�.: • ;� been srsott¢;:ai�d iiritstr{ed *. Lincoln Laboratory'of the Ya::` := alo �.:•7 }z •.. :,; ng:•the�"i it±i2%a taboat d:t egos (tine to Georgia, with pa3�C `�="='•� .' oondentrattioin Or such lnstaLlitions in Hassachuaetta. At of the Tetition, pleas had been oomgletad whereby Lincoln 10 .: of the Institute was to undertake- to erect and maintain ano N - ' .radar research installation. Accordingly, numeroua site-A we** TiGwtd. ;and mtudisd slobrg► the eastern seaboard, particu3s�+3,�:,3n•" ,. -2- �• . 5035 P6 279 New England areas before the Hooton Mill site In North Andover was chosen.&a the most advsntagscus location for conducting this radar research project.. many taotors entered into this decisions . among which were the following principal eusess i 1.. The crest of Hooton Hill is flat ' and affords.on unobstructed view in all directions:. g. The surrounding area Is- relatively free of habitation . thus peftittiog the exercise of maximum security preoautlaw$ and 3.. The alto is nosr-onou& to Lincoln Laborstoryof the znatita"% loeatod in Lexington, thus rosultlag in a rela$!w siM11 aa<orant of tinea being Seat travo313ng .to axed frcm the proposed in- . stit tion., The Instituto has entered Into. ati Informal agreement to !� lease the premises upon which the rerearoh field station is to be located#* and it intends to execute a rormal %same of the premise -if a favorable deaislaim. is issued by the Board. The lease will 4 provide for a terse of nix Tears with a right of the Institutes at its option., to.renew for a further term of silt Year*. Pbrther testimony at the hearing•brou&t out the fallowing additional information relating to the concrete antenna support tower, which will be the principal and tallest structure located on top of Boston Hi.11w 1, The tower will donsist or six floors and it is proposed to make use of the space provided as -followsI First floor - slectric power and boiler room Second floor - Display (scope) room and associated equipment Third floor - Laboratory Fourth floor - Receiver equipment Fifth -floor - Transmitter and air oonditioners Sixth floor - Storage Operating personnel will ordinarily carry on their research and experimental work on the lower levels at a height of not more than forty-eight feet above she ground. _3- 6K 5035 PG '2180 It is proposed to *"at wti4i3 r the foregoing tower and at a later data to erect the two.-aisiliarr towers hsrSlnbefto'e deseribeds Tm -addition to tbA towers and portable..baild1b9s.p ths. Inetitute. sliecf preporer to.'a"itstat i rooms ioaie road'lea . frost Boston street lo'the propoi d Installation.and x111 000t..S. :aa_ Amin 1134:trsse�r re.erlj.w�RgS��;.res aran�ll:1: -: iar�tiatr':rai+oi►� ' . `i�' - ' •1�Air�rr .-tiis�rhony!.;d_� r3oi�+!-tb lor�t: - : . ' '� , ttew•-go6+.t•:tbs .ser�d .,:Y� •_ - '• • - .b� �M�r1.t.: -��: ' 4�.�dl2�id�i161' Ad f :aha Of Oe. 'o �midi" : , .• w37 `' 3 '.;� .. <:, . • + 3.'?• •-.of-ih ,...'• '. err-aa� inrol�r�r' ,- -- ,';,� 10 be = +' : wan Mpot1 o&�2e.tirt►isb Vit tabione trill hd: .saaw!t will colt' '� =;:i�• -i` ` ``��;i ��tf' 11t exp t�"1e,01i �':`d* iM� . '. :•- -.: oWzrtiyp� p�rrsenbrl ':7s>'�'�'r.' - •'Om.t14e.':srw������.. td�• of !fie ere.'f+'.. ,• ;• :Yj.; _eril,•: k a 6 ..err bo.no lntorfarense with We , i ' the ,.<-:.: • . . "vision'-:. 1�iNa::i�stt % > ua use.:�!` .,.��. 4 i♦O at 1/h1aRi tbs sgill will ope.rato.aro -sl3oea - br the Federal Coiawn eta. Gonwiariras .�. ;�' Ito service new furnished to ear or a?T Of tbo'•l bitanta of the Tomm of Itos+th Andover x311 be. 61, per required of the Tam by the InstltOO nalels tbs sssM; f x3 ; ars paid for 'by the Institute to the Tam. A .:1"`fY tom• ... ..G%!Y./. 'S � 4 � . .� Pig,' 81 : 6 :.: J MOO The applioant, the Institute, seeks a special permit under RECTION 8 of the Zoning Bylaws of the Town, as most recently amended$ entitled BUILDING EEIONTR PERMITTED. 9ubseotion 8.5 thereof meads, in part as -tbllowst �8r5 •rte: n0 ..• struotural-feature of Any non- manufac bn3.ldis shall exceed a height of sixty-tion ( g) #eat , ora the grouad ... •xaept by. sth y ' 44f aiiiWdad.»3' Appeals aetitt8 wider The Hoao; itts • ard Nlta 'notie 'of 38CTIOR 1} of said Ar Lays sat2tled-+!BUILDING"AND trues Pmt'AlID APPLIQwTSO!( OF RE�rL�►• '. TI0 36" mora. 0irt14tilar17 .5dknatian 4.15 thereof rhtah permits* euaong other--,WAS.In.l[esident Distrieta�`thr' AIDWIASI :.e radar,, televUlano.:r�.r1,.adio-taltphoua tr�Dsl�i r�ii 014`*eadslowers s UUt'not theft': T an tho `fi ka_in_this,*&i•# and our gioift;'' Ate aonsls'i► itttt '� o. �h� u �,jt ,si�air ] .perpoais Of ttii ,;P;:• - �Ia�Q xa . Zonis, ��►tr�iilfi:al:'btis;Mown i►1� ,sat tortit};3!'i •DT«�,a, atd In' r . . . : aptts+".1j 4 ;off:•.t3ts fisntrel in.#Sud. ai.lbllorst. : ::i mat the institute it a lion»piotit" �dti>titliional instituti = 4 pro ti` That the proposed uta 'of tbo i p•7ri ` gwitian 1#_Sor re search of a.aMaet ♦ ial natu .r. c to tYis natiioaaal Asfense prow and to the deftrl ty" "of outs' X73 -That the radar towers which the Ihat tWA' seilgi aivisaion to er♦st will not aoxftain atndip• or n . •es. _ 4 Vhat the property sought to be used is is ei RuralrResid+•noe District of the Toxn3 and 5. %Ut the proposed use of the property in question -till not be inlnriaus, noxionsoffensive �?f" or detriaantal to the n•ighborhogd in qu"hon. i- ANDt the lWard voted unanimously to R��' the spacial permit -as applied fur by the Institute in its Petition dated - A January ;;= 957;upon the following aonditionss -6K 5035 06 28 1. That no more than one tower not eXoesding one hundred forty (240) .f"t in Iilghtx wILth or without istlsatere, end Iia 24re., than two additionals;WiliarJ tovors- �� - tidt sxoseding s vaq�r {70? l t'° in halght ulll be erected iii- m *II 2. That nd >loY►r i:: sfabrieatod -buildings -to-haitae' OwriUverelsmd e ippteat• with.,ik i 0a;brat to eacisad �b10:equart.la�i�r:tr31I'tie '#"4Ud on the hits. 3,.. that the nuitebir o! personnel a�lo�tid or,`wok at tb* dtii;Amip::.camistion' b!: . oo>i►stgeisoa..iiil3 ar<+dt•uoseid't�natiyti_ri ri>tidCSa�:dvslliisg. wi21-b#. .. tonstretl� or: Issd• to ;{dt4tut 40&.by. Chs' Ins tndtbod',.by cul ill::. :. i •be Os ... �A . ... r i^hru+4:'": •'` . .2J. ilii .ae `.;(;Sl,�' - AY, 't; a . . •i- I u+d'?34jjai=1�i. jr4"If AA :- . V •'1 Town of North AndoverDTH ay Office of the Zoning Board of Appeals Community Development and Services Division Heidi Griffin, Division Director 27 Charles Street 4SShCHUS�S D. Robert Nicetta P North Andover, Massachusetts 0184hone ( )5 Tele 978 688-9541 Building Commissioner Fax(978) 688-9542 Any appeal shall be filed Notice of Decision within(20)days after the Year 2002 date of filing of this notice in the office of the Town Clerk. Property at: Boston Street NAME: Benjamin Farnum,397 Farnum Street DATE: 3/22/02 ADDRESS:for premises at: Boston Street PETITION: 2002-011 North Andover,MA 01845 HEARING(s): 3/12/02 The North Andover Board of Appeals held a public hearing at its regular meeting on Tuesday,March 12, 2002,at 7:30 PM upon the application of Benjamin Farnum,397 Farnum Street for premises at: Boston Street,North Andover,requesting a Finding as a Party Aggrieved of the Building Commissioner's Decision denying a Special Permit for the erection of two microwave antennae on an existing tower within the Village Residential zoning district. The following Board members were present: Robert P.Ford,John M.Pallone,Ellen P.McIntyre, George M.Earley,&Joseph D. LaGrasse. Upon a motion made by John M.Pallone and 2nd by Ellen P.McIntyre the Board voted to GRANT the FINDING of the applicant as a Party Aggrieved of the Building Commissioner's decision and instruct the Building Commissioner to issue a Building Permit for the erection of two microwave antennae on the existing tower. Voting in favor:Robert P.Ford,John M. Pallone,Ellen P.McIntyre, George M.Earley,& Joseph D.LaGrasse. The Board finds that the petitioner has satisfied the provisions of Section 10,paragraph 10.4 of the Zoning Bylaw and that the granting of this finding will not adversely affect the neighborhood or derogate from the intent and purpose of the Zoning Bylaw. Town of North Andover B d of Appeal , Robert P.Ford,Acting Chairman N C7 :V Decision2002-011 C:)C-, BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 REALTH 688-9540 PLANNING 688.8535.)i r O G Torn of North Andover o Na RTFr Office of the Zoning Board of Appeals Community Development and Services Division 27 Charles Street North Andover, Massachusetts 01845 ACHU D. Robert Nicetta Telephone (978)688-9541 9542(978)688- Building Commissioner Fax � Any appeal shall be filed Modification of Decision within(20)days after the Year 2002 date of filing of this notice in the office of the Town Clerk. Property at: Boston Street NAME: Benjamin Farnum,397 Farnum Street DATE: 4/26/02 ADDRESS:for premises at: Boston Street PETITION: 2002-011 North Andover,MA 01845 HEARiNG(s): 3/12/02 Modification hearing: 4/24/02 The North Andover Board of Appeals held a meeting on Wednesday,April 24,2002 for modification of decision on Petition 2002-011,Dated 3/22/02,the application of Benjamin Farnum,397 Farnum Street for premises at: Boston Street,North Andover. The modification of decision is to change the clerical error from the words"Special Permit"to the words "Baildin�Permit". The remainder of the decision remains in effect as written. The following members were present and voted in favor: Robert P.Ford, John M.Pallone,Ellen P. McIntyre and George M.Earley. Town of North Andover Board of Appeals, Ro crt P.Ford,Acdng Chaim Decision2002-011 Modification 4-24-02 M1� C� G=. tel" J CD (1 (- CD r,Cl r-�v�CJ > L:J _J BOARD OF APPEALS 688-9541 BL-ILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLAT-INING 688-9535 1'OVIPW OF NOR'T9-ANDOVER BUDDING DEI'AIiC�T Z TOM Ama M TWO FAIMW DWXLZ M sccfm for BU DDM PERhffF Nim: DAA MUM: --4 SMATIAR D -u eaar� Lz n ares,:mdP N- 107 C I1 North Andover, MA 01845.. U ZmieGhfimpudw L4 YqemW Existing Cell Towerg A9 A 1350.1 Pjaymodtraw - Z,ocAom L6 BUBMING SZ7 BALM(a) Finat Yazd side Y=d Rear Y=d Pmvide Pmv� Provided 15 ' LZ s�RP��2jmo- v� : - u F7.d2.�1�in..eim Oa31Mit 1 s II F Iry Oaniin X1 si t7a 2-1 Oam w at R=axd - 0 2. xaax Addeea3or ' Te�000 aavdmmimaAWm Aaditms hrses�i�aoc Z Z T.bpb� _ to sa Lk=md Coma6diom . Installation will be performed We comer. Q Add== t w r Daft -- 3.za�rc� - xoc � cp ' Installation will be Rerformed by rnmer C - r - - r Adams 2-O"n=lAudwdzcd Elc=�&cImdmthe ' Oathe hnqping appucmWm m�C.�IDa 3C to beg ofmy Simedmuicic and 7�Cf_ . bo the.pabu and of �� "`�Of�A� r Due F. Cant qklL=)to be 1_ bYP=Lft (a) - itFce 2 cicw - (5) Bi ffmaeod Tow Cart aeF 3. Ph=bing Co mkvcd Q fzam 4 (HVAC) S Fie 6 3•adai (1-�2+3t ta.� Chc,*Mumbc I�OF SIY]RES S�lE Existing Structure . Ems"Lit 3LA8 . MM OF FLUOR Iowa= 1 3co SPAN -- � DN3 IDUGE Ci TEMCKNESS . SZMCFFOCYnMG g CF ►j 7 —— `v TO+vli ua�ffy�77�..sa�G 2- ¢ - N tip• . f4IST (Z I I k��cta � f�Posr� 2r n�SN �I N N 72 No-r' gk�Jw do '12"PA. of xy o S-ro. Illpe— C7 Ci =�cun - w Tj Cr T Qr—>< I M c-,7 i c;:o(nC) r SE C T I X--Y, v\51-1 L-4-1 MO-4-Jr \s 1140T F.D 2-/ Mlc c CISH Moan-r(' Fo2: D h VATE. f o51c�2/oI F RNuNI TCA/4 - f. ) s ;1J �-{lLL D=_su`_D VISION DAT- I: vM>E+" PULSEtL1 a»,�r" C!=CK_D 8Y, 2�VISION D `2 AT . . wu- v P Vol910 Englneer5, Inc. fSo•4073Ea . • .. 1 Eo5t River Ploea D=i X5 No.. 5K-=TGN KO., Mathuen, MA 0844-5818 Dc'cr5.3 O)K^ I1 478 682 1748 , u 117+NO., _J_ www_dal le o.com9 s+ceTc►�sEcx=_xce:P 478 682 6421 (rax) sI- n 2 p DEI 1-198 ZBA 1 0 Date .� ..`� .`... ..u�... O�NOR7ry,� o?•'' °°m TOWN OF NORTH ANDOVER � 9 RECEIPT ,SSACHUS�S LtGt.x... .. ... This certifies that....�. .�.�� . ........�?� .....�o ��� • � �u t� haspaid... ..L.�....� .4�........................................................................... for...?.....G1. .►.P..�?............................................................................ Received by...........k ..... .. ' .e. !r!1.?.✓.............................................. Department..... ...1;/ `................................................................... WHITE: Applicant CANARY:Deportment PINK:Treasurer Notes for ZBA meeting October 8,2002 Date Item 2-16-99 Application to Planning Board February 16, 1999—AT&T Wireless and Benjamin Farnum. Hearings: 3-16-99,4-6-99,&4-20-99 4-21-99 Decision to allow to install &operate Wireless Facilities by Special Permit, subject to conditions May 1999 Boston Hill Development LLC's appeal to Land Court 4-25-00 [Read]Atty.Urbelis to Heidi Griffin(as Town Planner) 1-16-01 Court case dismissed 7-27-01 Telephone conversation with Town Planner and Atty.DiLuna about conditions 8-21-01 'Conditions stated in letter to Atty.DiLuna in order for his client to receive a Building permit for 5 Boston Street by Heidi Griffin,Town Planner(8 conditions) 10-1-01 Appeal by Atty.DiLuna to-State Building Code Appeals Board 12-20-01 State Building Code Appeals Board decided for the applicant 1-2-02 Building permit denial 2-26-02 Finding requesting the Board to overturn the denial(2002-011) 3-22-02 ZBA granted the Finding(2002-011) 4-24-02 ZBA voted to modify clerical error on 3-22-02 Finding decision(2002-011) 5-17-02 Building permit#605 issued stating"The Permit holder,prior to the erection of the antennas,must adhere to the conditions of the Planning Board's Special Permit,which is in his possession" 6-13-02 Request by Benjamin Farnum for a Finding on the Building permit notation URBELIS, FIELDSTEEL& BAILIN, LLP 155 FEDERAL STREET BOSTON, MASSACHUSETTS 02110-1727 THOMAS J. URBELIS Telephone 617-338-2200 Andover Office E-MAIL:tju@ufb.com Telecopier 617-338-0122 Telephone 978-475-4552 April 25, 2000 Ms. Heidi Griffin Town Planner Town of North Andover 27 Charles Street North Andover, MA 01845 RE: Boston Ski Hill - Telecommunications Tower Application Dear Heidi: You have asked my opinion as to whether Benjamin Farnum should file a special permit request with the Planning Board or the Zoning.Board of Appeals, which issued a special permit on February 24, 1997, which.was prior to the May, 1998 adoption of Section 8.9, the Wireless Facilities Zoning Bylaw. Section 8.9.1 (a) of the Bylaw states: "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 sen7ice 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 special12ermit 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." (emphasis added). shvp5 I\work'ui-andove\con esp\gri Cfin bosh it 121tr.doc ,RBELIS, FIELDSTEEL & BAILIN, LLP April 25, 2000 Page 2 Section 8.9.7 of the Bylaw states: "a) A modification of a wireless 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." Since Town Meeting has voted to designate the Planning Board as the Special Permit granting authority for placement, construction and modification of wireless service facilities, itis riiy opinion that the Planning Board, and not the Zoning Board of Appeals,has the jurisdiction to consider the special permit request at issue. Please call if you have any questions, or if there is anything else you need. Very truly yours, I Thomas Oirbelis TJU:lss cc: Board of Selectmen Planning Board Zoning Board of Appeals Terri Ackerman D. Robert Nicetta William Scott Town of North Andover °< 40RTki OFFICE OF o� COMMUNITY DEVELOPMENT AND SERVICES - . 27 Charles Street North Andover, Massachusetts 01845 WILLIAM J. SCOTT 9SSACH.USEt Director (978)688-9531 Fax (978)688-9542 April 5, 2000 Mr. Thomas Urbelis Urbelis, Fieldsteel& Bailin, LLP 155 Federal Street Boston, MA 02110-1727 RE: Boston Ski Hill — Telecommunications Tower Application Dear Mr. Urbelis: The Chairman of the Zoning Board of Appeals, Walter Soule, has been in contact with the Planning Board Chairman, Alison Lescarbeau, and has asked questions regarding the procedural requirements of the telecommunications tower on Ben Farnum's property. Mr. Soule is referring to the Zoning Board of Appeals Decision issued on February 24, 1997 (attached), specifically to condition #5, which states "This special permit applies to only the two antenna arrays identified in the Petition, including the plans .submitted therewith. Any further installation contemplated shall require separate application to this Board for a special permit". At Town Meeting in May of 1998, the Town adopted a Wireless Service Facilities Bylaw, herein adopted and referenced as Section 8.9 of the Town of North Andover Zoning Bylaw. The SPGA referred to in this section is the Planning Board, where in the past it was the Zoning Board of Appeals. As such, would this mean that Mr. Farnum is grandfathered from applying under the newly adopted Section 8.9 of the Zoning Bylaw and applying to the Planning Board for a special permit, and that he is eligible to file for a special permit with the Zoning Board of Appeals instead? And, if this is true, should the Planning Board revoke their decision issued to AT&T Wireless that was granted to them on April 21, 1999? I look forward to your opinion on these matters. BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535 Aside from the abovementioned, I have scheduled a public hearing for the proposal on May 2, 2000. If I receive feedback from Town Counsel that would indicate that the parcel is not eligible to be grandfathered, I will let you know immediately. I would also like to point out that any variances required are typically obtained prior to the Planning Board hearing. However, I understand your dilemma relative to the height of the buildings and the Board of Appeal's direction to you, and will place the item on the Planning Board agenda for May 2, 2000. If you have any questions, please do not hesitate to contact me. Sincerely, Heidi d Griffin Town Planner cc: Robert Nicetta, Building Commissioner's Tom Urbelis, Town Counsel ABUTTER'S LIST MAP 107A & 107B Boston Hill Development, LLC 231 Sutton Street North Andover,MA 01845 Q ti r Sharon M. Devon a mon-; Francis T. Devon 32 Boston Hill Road L' > r- North Andover, MA 01845 0 n ornorn -<;,- Dorothy A.Letizio w Michael T. Letizio 45 Boston Street North Andover, MA 01845 Mary Letizio Calder 45 Boston Street North Andover, MA 01845 Mary L. Salois 10 Boston Street North Andover, MA 01845 Trustees of Reservations 572 Essex Street Beverly,MA 01915 Estate of John C. Farnum 426 Farnum Street North Andover, MA 01845 I REVISIONS REV. DATE DESCRIPTION OF CHANGE I I RESIDENTIAL DISTRICT 6 N/F ! 30STON HILL SKI AREA INC. JOHN C. FAR UM ESTATE C/O ROBERT W. DUNK o426 FARNUM ST. pQ P.O. BOX 330 G RYE BEACH, N.H. 03871 N. ANDOVER', MA 01845 2 J`^ � Q - PROJECT TITLE ~ /F <1 BOSTON HILL SKI AREA INC. S� J C/O ROBERT W. OU NN 4fi� 6• yS 1 P.O. BOX 330 N�109 00 RYE BEACH, N.H. 02571 4$696 00SA 6' Q BOSTON BILL s9 ��q� NORTH ANDOVER so sem, MASSACHUSETTS RESIDE'iTIAL DISTRICT 6 a -.oo E 424.2 N/F CONSULTANTS r BENJAMIN FARNUM 9�l r 397 FARNUM STREET \ 'P i , f' NORTH ANDOVER, MA 01845 O ,9 w PROBATE DOCUMENT #350363 +qac\� y p� �j N/F \ - DATED 9/26/80 ,3tO (�� �y JOHN C..FARNUM ESTATE 426 FARNUM ST. SHEC? �6 `V x s9., OOry 1p N. ANDOVER, MA 01845 10 /BOGS ;;1i• -. y5o;'1�261 .a �� l ` N/F TRUSTEES OF PUBLIC RESERVATIONS nj �" '� om• 572 ESSEX ST. 9z /CT � '6. Jt F �:Z BEVERLY, MA. 01915 �js - S6 O,y96 `r`�o• ., T 2 > �a4r 11�t.a9 -ENGINEER DATE 2 PROPOSED ANTENNAS TO BE o 0, 2 �' o MOUNTED TO EXISTING STEEL LATTICE TOWER. SEE SHEET A2 � >t z �G � �• ��A ¢ o GPI 1,s N/F Zy u ae�ms.�O o GREENnpcEEINC.TRUSTEES OF PUBLIC 3o O\S( rg p ' RESERVATIONS 572 ESSEX ST. " \, \ 33 BOSTON rosy aan BEVERLY, MA. 01915 t11� \ �A \� uAmeoBouco�caassrrs 56T•45,3 �iL 1 ' DRAWING TITLE PROJECT GENERAL NOTES y a-O u' a 1. THE. WIRELESS EQUIPMENT FACILITY IS AN UNOCCUPIED SPECIAU'ZED PCS 1'�, `'�. �, oZ PROPERTY PLAN WIRELESS FACILITY. 2. REPAIR ANY AREAS DAMAGED DURING CONSTRUCTION TO MATCH EXISTING. scaLE 3. KEEP GENERAL AREA CLEAN, HAZARD FREE, AND DISPOSE OF ALL DIRT, �i'< 1" - 80 DEBRIS, RUBBISH AND REMOVE EQUIPMENT NOT SPECIFIED AS �. REMAINING ON THE PROPERTY. LEAVE PREMISES.IN CLEAN CONDITION. PROJECT TEAM 4. CONTRACTOR TO PROVIDE SET OF AS BUILT DRAWINGS WITHIN 101 WORKING DATE 01/13/99 DAYS OF PROJECT COMPLETION. PROD. MGR. C.J.S. DESIGN C.J.S. 5. FACILITY IS UNMANNED AND NOT FOR HUMAN HABITATION. HANDICAPPED Z°'7 PCZ 2 31 02 DRAWN C.J.S. ACCESS REQUIREMENTS NOT REQUIRED. a o p\SSR 569 Fj�j CHECK R.H.W. P`' 204. P JOB NO. 96207_45 6. ANTENNA CONFIGURATION IS SUBJECT TO CHANGE. \NQuSjR a5 v1 RO SITE NUMBER 7. THE DESIGN, SPECIFICATIONS, PERFORMANCE AND LOCATION OF RADIO _ _ 566,6 E 424.2 EQUIPMENT AND RELATED ELECTRICAL ITEMS WITHIN THE RADIO EQUIPMENT 2a A7.w S�,6 0 - O SHELTER ARE BY THE RADIO EQUIPMENT VENDOR. THE CONTRACTOR SHALL ST g MICN/F MICHAEL J. AND DOROTHY A. LETEZIA SHEET NUMBER BE RESPONSIBLE FOR COORDINATING HIS WORK WITH THE WORK OF OTHERS. ` 5T c,43� AND MARY LETIZIA CALDER 8. ALL BROCHURES, OPERATING MANUALS, CATALOGS, SHOP DRAWINGS, g151N 45 BOSTON ST. ETC. SHALL BE TURNED OVER TO OWNER AT JOB COMPLETION. 575 N/F N. ANDOVER, MA 01845 FRANCIS J. DEVAN 9. CONTRACTOR SHALL COORDINATE WITH OWNER THROUGHOUT CONSTRUCTION. AND SHARON M. DEVAN �R j ZI3 32 BOSTON HILL P.D. \C 7. SITE PLAN COMPILED FROM A PARTIAL SITE SURVEY BY GREENMAN-PEDERSEN, lNC. N. ANDOVER, MA 01845 \S A I ON 10/20/98 AND FROM A PLAN ENTITLED "PLAN OF LAND" DONE BY CLOUGH, HARBOUR & ASSOC. DATED 02/19/97. THE SITE IS NOT WITHIN THE.500 YEAR FLOOD PLAIN. RE as SHEET 2 OF 12 - HASc_45.0✓.0 PMM r Mmlll �r r 1 + JAN-28-2002 10 :02 PM TOWN OF NORTH ANDOVgR USt OF PA ES OF 1 P (. OF 9tl81EG7 PAOPER1y. MAP PAR o /o' NAME �181liTEAS: ADDRES8 ' .14/ N // // /00 ov AO Al f I Ir 19 N ^ / H I I N �• h I I D I do lot .4 ' At AI I of I I I CERT. BY.- DATE: Y:DATE: 1 • ppm Wd 20: OT Z00Z-8Z-Ntir JAN-28-2002 10 :03 PM 269 .wp 4w 39 ~ 2Xam ♦ ! "r 261'' 11H P- 04 24 13 274 247 3ab.. .272 273 s ,�• 248 281 251 249 � .• solo - 4 y 1 TSO 256 ' .r• 67 +.al 61. • 40 � 42 43 254 r' m s. 253+ - % � •. +, 39 02 57 148 o u« raM« IS `.. . 'Aj , h 0-0 71 .82 ow 149 Mrs ::.23 �. AG � od '. gar. .',, _ .w.._.y...•. - . AOM .— +.ww ONAM w , t 35 37 O . V 36 iS • i - S .13 38 ' MA 39 33 ; ' EXHIBIT "A" TOW! OF NORTIi AND= Findings- and Decision of the Board of, Appeals as Constituted under Chapter L;OA, Section l4 of the General Laws of Massachusetts acting under Sec- tion 4 of said Chapter, upon Petition of Massa- chusetts Institute of Technology dated January, 1957. . A public hearing was held on Monday evening, January 28, 1957 at the Town Building in North Andover pursuant to notice duly given according to law and to the Rules of the Board, upon Petition of Massachusetts Institute of Technology (hereinafter called the "Institute") dated January , 1957, on file with the Board for a special permit for an Exception permitting said Institute: To erect and maintain on a tract of land in the Boston .till area of the Town of ;forth Andover the following: 1. One radar antenna support tower concrete construction eighty-four (84) feet in height surmounted by a sixteen (16) foot driving mechanism upon which will rest a reflector(antenna), one hundred twenty (120) feet wide and thirty (30) feet in height, which in turn will be surmounted by an 11T antenna two feet in height. The total height of the structure from the ground to the top of the IFF antenna will be one hundred thirty-two (132) Peet. 2. One forty (40) foot radar tower surmounted by a twenty-six (26) foot radome. The com- bined height of the tower and radome com- prises sixty-sit (66) feet. 3. One sixty (60) foot parabolic reflector mounted on a six-foot pedestal. The total height of this structure will be sixty-six feet. The generators and related equipment � E i required to operate the two smaller towers ' will be housed in two prefabricated buildings, ' each of which will have a floor area seventy (70) by forty (40) feet, totalling 5600 square I i Peet. j The land in question, of which Boston dill is apart, r is located in a Rural Residence District as shown on the official I� zoning map, dated June 25, 1956, as amended, on Pile with the Town Clerk, and plan of the land inuestion showing the q g proposed installation was attached to the Institute's Petition. 1 All five members of the $Qard were present at the hearing. The members of the Board are familiar with the location I of the land under consideration and its characteristics, as well as the surrounding neighborhood. ? t On testimony at the hearing, it appeared that the Institute, a non--profit educational institution, is a party to a contract wi tbz the United States Air Force, under which is conducted, among other things, research in radar and related electronic fields: towards the end that this country will receive adequate warning in case of attack either by aircraft or guided missile. This research program is considered to be vital to the national Defensegram ro ! p and time is ever of the essence. Since 1951, a number of radar research installations of various sizes, about fifty in all, have been erected and maintained by Lincoln Laboratory of the Institute ` along the eastern seaboard from Maine to Georgia, with I g , particular concentration of such installations in Massachusetts. At the time of the Petition, plans had been completed whereby Lincoln Laboratory of the Institute was to undertake to erect and maintain another V radar research installation. Accordingly, numerous sites were viewed and studied alobrg the eastern seaboard, particularly in the -2- II , New England area, before the Boston Bill sits �4_n ::orth Andover was chosen as the most advantageous location for conducting this i I radar research project.. Many factors entered into this decision, among which Were the following principal ones: i 1.. The crest of Boston. Hill is flat and affords an unobstructed view in- all directions,*, . I ! 2.. The surrounding area is' relatively free- of habitation, thus permitting the exercise of maximum security precautions; and 1 3.. The site is near enough to Lincoln Laboratory of the Institute, located in Lexington, j thus resulting in a relatively small amount of time being lost travelling to and from the proposed in- stallatioa,, j The Institute has entered into. an Informal agreement to lease the premises upon which the research field station is to be located, and it Intends to execute a formal lease of the premise I if a favorable decision is issued by the Board. The lease will provide for a term of six years with a right of the Institute, at its optiong. to renew for a further term of six years. Further testimony at the hearing brought out the following additional information relating to the concrete antenna support towers which will be the principal and tallest structure located on top of Boston Hill: 1. The tower will consist of six floors and it is proposed to make use of the space provided as follows: i First floor - 'Electric power and boiler room i i Second floor - Display (scope) room and associated equipment Third floor - Laboratory Fourth floor - Receiver equipment Fifth floor - Transmitter and air conditioners Sixth floor - Stora s e g Operating personnel will ordinarily ca fry an t::ei+- 1 researcz and experimental work on the lower levels at a eight of not more than forty-eight feet above the rzround. i ' i It is proposed to erect iritially the foregoing tower and at a later date to erect the two auxiliary towers hereinbefore f described: In addition to the towers and portable buildings, the Institute also proposes to construct a rough access road leading i 1 from Boston Street to the proposed installation and will erect a chain link fence for security purposes around the immediate area. Further testimony disclosed the following: 1. The proposed installation is of a temporary nature in that in the event the Board permits the erection of the aforesaid radar towers, the Institute will enter into a lease for a term i of six years with an option to renew for an additional six years. At the termination of the lease, the .tower and buildings will be torn down or dismantled and re- moved from the property. 2. The operations to be carried out at the proposed installation will be of a research and experimental nature only. No offices or studios will be maintained at the site. i -- 3. The use of the property does not involve manufacturing or result in the emission of odors, fumes, dust, smoke, ftbration or noises. i - 4, The maximum number of personnel which will be employed or working at the installation, after completion of construction, will at no time exceed twenty-five persons. i . i �. The Institute will not construct or cause to be constructed any residential dwelling or dwell- ings on the proposed site. Operating personnel will i commute from Lincoln Laboratory of the Institute in Lexington. r 6. There should be no interference with tele- vision reception resulting Prom the proposed use of the property. The frequencies at which the equipment will operate are allocated by the Federal Communications i Co=isnicn.. i 7. No service now furnished to. any or all of the inhabitants of the Town of North Andover will be required of the Town by the Institute unless the same are paid for by the Institute to the Town. I 1 1. That no more than one tower not exceeding one hundred forty (140) feet in height, with or without reflectors, and no more than two additional auxiliary towers rot exceeding seventy (70) feet in height will be erected on the site; 2. That no more than two prefabricated buildings to house generators and related auipment with a floor area not to exceed 5600. square feet will be. erected on the site. 3. That the number of personnel employed or working at the site after completion of construction will not exceed twenty-rive; That no residential dwelling will be constructed or caused to be constructed by the Institute on the site; and 5. That no services now furnished by the Town to any or all of its inhabitants will be furnished the Institute unless the same are compensated for by it to the Town. -IRWM arn _ ' .144 ..._ Filed in the office of the Town Clerk zanuaa,* 1957. ` .- ��::.. �• =' . EXHIBIT "B" TOWN SOF NCC i�i ANDOVErZ' . MASS�lLjt1�ETT5':'•'=• . . _ � . - - . . . - mcAFD:.0F:APPEALS NOTICE.OF-DE=ON' ,. � La'e ���.�,„-•t ern- i az7 '?.ite of Hearing -January -28, 1957 -- Som.f-- �:a•;=R&} Tff,�tt-4-r,+c'E'Ttaft a$sctp„ Bo Stan $ef2mIIg_to thje:abwm VedUmfac`1.�aLiatiD�` the let}}i2il�tZ Z �---- Z=.of tip T'o Mr—Cf IrCrttZ AMUME s chasetts so as to peTmlt_VIP ermm t.;nn of fi -T-tai rPda tc,7dP_ '.a researgh and eX .Trp2'��1P�ltg� y _hirht in excess of that re_-mi.ttpz by Section 8 of said Zoning By-.Lays en+;tied uAuildirg Height Per=d.tted.” After a public hearing given on the above date, the Board of Aa;:eals voted to MIMIC and hereby auth,irk.e the Building Inspector to issue a ' permiztci hiass?tchasPtts _astitute -of Techmoli a for t�se the above iea k,, based-Qpcafodowinwceer_siirioas_- S�ned• • Tmrl . _A�•:.,ems-Sem_ ._ . _ `_• ; Y Board of Appeals • nY appeal shall be f ilod i EXHIBIT "C" , ' within (20) days s aver the �jo.��cQ1l01C+rr��4� date 0€ filing of this Notice In the Office of the Town 'ss••- ��.�:. Clerk. TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS NOTICE OF DECISION Date . . . . J. . . .,. . 1982 . . . . . . . . . . . . . . . . . Petition No.. . . . .22. .-. .'.82. . . . . . . Date of Hearing. . . June 14 , 1982 Petition of . . . . . .B E V J A�.�I"l A'?MUM M. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Premises afected , Eastside .of .Gos,ton. .$ tree.t a.nd_ ,known, .as. .Bgs.ton. ,Eli.1. J. . . (Title derived from the Estate of John C . Farnum , Essex Probate No . 350363 ) Referring to the above petition for a t i2 ii ftlw t mi4itgradbU&'416 . . .r,e-a.p p.l,i c.a,t i on .unde.r_ 5.ectipn. . 1�. , . .P.ar.agra.ph. .10...8. o.f. .tbe. .Zon.in.g . By. . L.aw. . . . . . . . . . . . . . . . so as to permit .the. _extensio.n o.f. the. .Sp Bial Permit .and name. ,cha.ngA . to. ,same permit granted in 1957 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . After a public hearing given on the above date, the Board of Appeals voted to . . . .G R AA T. . the c h a n.g e. o f. .n a m e . .o.n . .t h e. .19 5.7. Xmd Ai**by xitg=ixa tbw Bnpidingc mem w Law xx decision; RawitAp . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Sox tkec=UXt =tioa xf Aw bra XM*X bRaed Awal x Signed Frank Serio , Jr . , Chairman Alfred E . Frizelle , Esq . , Vice Chairman . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Richard J . Trepani er , Esq , Cl erk . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . William J . Sullivan Augustine W . Nickerson . . . . . . . . . . . . . . . . . . . . . . . . Board of Appeals Any appeal shall be filed within (20) days after t' e date of filing of this Netic< in the Office of the T0WT k0Tr .;�. Cleric. r ',�sswcs�usttl� Jut 0 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 public hearing on Monday evening , June 14 , 1982 upon the application of Mr. Benjamin Farnum. The hearing was advertised in the North Andover Citizen on May 20 and 27 , 1982 and all abutters were notified by regular mail . The following members were present and voting : Frank Serio , Jr. , Chairman ; Alfred E . Frizelle , Esq . , Vice Chair- man ; Richard J . Trepanier, Esq . , Clerk ; William J . Sullivan ; and Augustine W . Nickerson . The petitioner seeks a re-application under Section 10 , Para- graph 10 . 8 of the Zoning By Law so as to permit the extension of the Special Permit and name change to same permit , granted in 1957 on the premises located at the East side of Boston Street and known as Boston Hill . The land in question is the subject of a former decision of the Board of .Appeals dated February 20 , 1957. 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 in excess of that permitted by Section 8 of the then Zoning By Laws , entitled "Building Height Permitted" . Said decision is on file with the Town Clerk . Within the body of the decision , as filed by the Board , on Page 5 , the Board unanimously to "grant a Special Permit as applied for by the Institute in its petition dated January 9 , 1957 upon certain conditions " . RECEIVED Peti ti on No . 22- ' 82 0ANicL L>G4G Benjamin Farnum TOWN =Rn July 23 , 1982 N0RT'H A4Ouu0VEER Page 2 JUL 23 12 04 FM T 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 theetition of the Massachusetts P a achusetts 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 " aye ria nce" even though it was erroneously referred to as a "Special Permit" in the body of the decision and in the present and previous petitions to this Board. The Board grants a Special Permit so that the petitioner may now change aspects of the original variance grant in a minimal manner. Specifically , attached to the concrete tower there can be antenna and transmitting dishes , not to exceed a total height of 140 feet . These minimal changes would extend the rights already granted by the variance , and clarify the peti - tioner ' s rights and ability to use the variance originally granted to MIT . Authority of this Board to act in this manner is derived under the provisions of the North Andover Zoning By Law at 9 . 1 and 9 . 2 , and under the Special Permit provisions contained at 10 . 31 . This decision essentially clarifies and confirms the variance originally granted . By way of footnote , it is further pointed out that the origianl legal notice on the 1957 variance requested a variance and not a Special Permit . In granting this Special Permit , pursuant to Section 9 . 1 of the Zoning By Law, the Board finds that the proposed change , adding antenna and transmitting dishes to the existing concrete tower not to exceed a total height of 140 feet , is not substantially more detrimental than the existing non-conforming use to the neighborhood . The neighborhood in question is on top of Boston Hi11 , which is presently an R-2 zone . There are no houses abutting the premises , which abuts a GB zone , where the Boston Hill Ski Slope operates . REC=i'Vt DANIEL ; GAG Petition No . 22- T014A K 82 NORTH ;.;:ODyER Benjamin Farnum Page July 33 ' 1982 JUL 23 12 04 FM '8Z 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 . • EXHIBIT "D" V_.S rq n �_ �s. 1tr7 Wlt+�ln �GO� days 2rs;' tf1@ _i lS33 • date a of filing of this i,,l . , s•...._ in the Office .the dawn FE 3 27 141 E-7 C*k TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS NOTICE OF DECISION DateFebruarX 21, 1984 Petition No.. . .5-18.4 . . . . ... . . ... Date of gearing. January 30 , 19 8 4 Petitionof . . . .WL1EV-T . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . pis affected . . Boston Street t knocla as "Boston Hill". . . . . . . . . . . . . . . . . . . . . . . . . . Referring to the above petition for a variation from the requirements of the .honing By Lau Section 10. 4 and/or, a . Permit. •under Section. . .10.•31, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . so as to pmt the .use. of. an existing facility for broadcasting .purposes . • . •conjointl-y_ with .others and the extension of, a •structure . . . . . . . . . . . . . . . After a public hearing given on the above date, the Board of Appeals voted to . . .Grant the • • . •Special. Pe=m_Lt. . . . . . . . . . . . . . and hereby authorize the Building Inspector to issue a permit to . extend. .the .antenna_ .to, a. height, not .to .exceed. 3.5 . feet .from. its present height for the construction of the above work, based upon the following conditions: 1. That only TINEV-TV and its successors be allowed to use the-extended antenna. Signed ^•rank Serio, Jr. , Chairman 3lfred• E. FrizeIle,. Esa. , Vice Chairman :.ichard J, �rzpaiiier, Lsc;. , Clerc P7i11am .J, Sullivan_ . . Walter T'. - Soule. . . • . . • . . • Board of Appeals I - 4I 43 wittiin (20) days after the date of filing of this Notice IN � '�-.:,:,r�� in the Office of the Town �ssu�s~ Clerk TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS February 21, 1984 Mr. Daniel Long, Town Clerk Iti'Ni3V-TV Town Office Building Boston Hill North Andover, Mass. 01845 Petition No. 5-184 Dear Mr. Long: The Board of Appeals held a public hearing on Monday evening, January 30 , 1984 upon the application of WNEV-TV. The hearing was advertised in the North Andover Citizen on January 12 and 19 , 1984 and all abutters were notified by regular mail. The following members were present and voting: Frank Serio, Jr. , Chairman; Alfred E. Frizelle, Esq. , Vice Chairman; Richard J. Trepanier, Esq. , Clerk; William J. Sullivan; and Associate Member Walter F. Soule. The petitioner seeks a variance from the provisions of Section 10". 4 and/or a Special Permit under Section 10 . 31 of tie Zoning By yaw so as to permit the use of an existing facility for broadcasting purposes conjointly with others and the extension of a structure on premises located an the West side of Boston Street known as Boston Hill. Testimony provided by the applicant's attorney revealed that the applicant, a Boston TV station, seeks to increase the height of a building located on the site by approximately 30 feet. Currently, there is an antenna on the building (tower) on the site which is utilized by Rollins Cable TV, Eastern Microwave , and by MITR . WNEV-TJ has recently joined with the Lawrence Eagle Tribune in a news gathering effort known as "News Exchange" and the application represents their request to use the site to transmit information from the site to Boston. The addition of a dish is proposed by the applicant. Further testimony revealed that the land in question has been before this Board three times. The first petition was in 1957 when the Board granted a variance to MIT, which allowed the erection of a radar tower for research purposes to a height which exceeded that allowed under the Zoning By Law. The "second was a decision in 1982 WNEV-TV Boston Hill Petition No. 5-184 February 21 1984 �= s Page 2 . _. Fps 27 � _� �.� 8q whish is not relevent to this petition. The third was a decision dated July 23; 1982, when the Board granted an extension of the 1957 permit and allowed a name change to the same permit, subject to the condition that only LITRE Corporation, Easter Microwave. Inc. and Rollins Cablevision, Inc. be allowed to use the site. The two 1982 decisions were in the name of Benjamin Farnum, current owner of Boston Hill. The petitioner is now seeking permission to extend the antenna an additional 30 feet and add its name to the list of those corporations allowed to use the site. In accordance with Section 9 .2 (3) of the current Zoning By Law, the proposes in- crease in use, if granted, will not exceed 25 percent. Opposition from two citizens was voiced at the hearing. The Board took the petition under advisement and rendered a decision at a regular meeting held on Monday evening, February 13, 1984 with :Members Serio, Frizelle, Trepanier, Sullivan, and Soule again present and voting. Upon a motion made by Mr. F rizelle and seconded by Mr. Sullivan,. the Board voted unanimously to grant a Special Permit under Section 10 . 31 of the Zoning By Law to permit the use of the existing facility for broadcasting purposes by WNEV-TV to be used jointly with the companies as set forth in the Board' s decision dated July 23, 1982, being Petition No. 22-182 in the name of Benjamin Farnum, and to allow the extension; and that WNEV-TV be allowed to extend the existing antenna to a height not to exceed 35 feet from its present height on. the premises located on the West side of Boston Street and known as Boston Hill, owned by Benjamin Farnum, subject to the condition that only WNEV-TV and its successors be allowed to use the extended antenna. ' The Board finds that under the provisions of Section 10 . 31 the site, Boston Hill, is an appropriate location for the use and structure since the site has been used since 1957 for said use. Further, that as developed under the Special Permit, the use and the extension will not adversely affect the neighborhood since the site is in a remote area and is not located near a road or walkway. In addition, since the site is in a remote area, there will be no nuisance or serious hazard to vehicles or pedestrians and that there currently exists adequate and appropriate facilities for the proper operation of the use. Sincerely, Frank Serio, Jr. , Chairman jw EXHIBIT "E" RECEIVEDAny appeal shall be filed DANIEL LONG >;:- .Ya; within (20) days after the TOWN within date Of filing of this Notice NORTH Cr1YEA ' taa3 +s9• �: in the Office of the Town DEC 1q 10 31 �� 'gq :VV Clerk. TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS NOTICE OF DECISION Date . , , _ December I4 , 1984 Petition No.. . ...5 I �.8 4. . . . .. . . . . . Date of Hearing. .Oct o b e r 15 , 19 8 4 Petitionof . , NYNEX ;10BILE MCMUNICATIONS COMPANY AND SENJArIIN FAR°NUM Premises affected . . .West side of Bost.on. .Street. .known. .as. .' Boston. Hi1.1. Referring to the above petition for a enc 2rmec . . .S p e.c i a.l. . P.e r m i t u.n d e_r . 5.e c t.i.on. .IQ..31_ .o f .t h.e . Zan i.n g. .6 y. .Law. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . so as to permit . . h o u s.i.n g. .f o.r. . co m m.0 n i.c a ti o n.s . e.q u i.p m e.n t. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . After a public hearing given on the above date, the Board of Appeals voted to . . G.r a n.t . . . the 5 p e c i.a 1 . Perm i t. . . . . . . . . . . and hereby authorize the Building Inspector to issue a permitto .instal.l. . a.nd. .use. .equipmen,t _ .i.n . an . . a.rea. .gf. .ap.pro.xim.ate.l.y. .20'x20 , on the 5th floor of existing building and install and use five , I2 ' * for the construction of the above word, based upon the following conditions: *antennas on top of the building , the size of fishing rods . **That no more than 5 antennas the size of fishing rods with a maximum height of 12 ' be allowed on top of the building. Signed R.i.ch.ard. .J... -Trepanier- , _Esq... ,- Acting Chai rmar. W.i.1 J.i.a m. .J__ .S u.l.l i.van. . . . . . . . . . . . . . . . . Wai te.r. . f. . . .Sou.1.e . . . . . . . . . . . . . . . . . . . . . Maur.i.ce. .S .. .Fo.ul ds. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Board of Appeals ti ��CfI�rO NYNEX and Benjamin Farnum CAH;EL L;MG "Boston Hi i 1 " TOWN0L;=q+,� Peti tion No . 51- ' 84 kQR7R d;tDycR December 14 , 1984 DEC1� Page 3 _ Iasi b) The • use will not adversely affect the neighborhood. There will be no interference with radio , television or house- hold appliances . It is a safe location and outside in- stallation will consist only of five , small , twelve foot antennas . The rest of the equipment will be in the interior of the existing building . 9 c) There will be no nuisance or serious hazard to vehicles or pedestrians This is an off-street location wherre there are no pedestrians . There is no traffic and the only vehicles will be for repair and inspection purposes . d ) There will be adequate and appropriate facilities for the proper operation of the use . The building already exists and there will be no outside extensions except for the antennas . The nature of the use in non -hazardous . e ) The use is in harmony with the general purpose and intent of the Zoning By Law . The Board finds all of the conditions contained in Sections 9 . 1 , 9 .2 and 10 , 31 of the Zoning By Law have been met . See findings of fact and conclusions , above set forth . To grant a Special Permit under the provisions of the Zoning By Law to NYNEX Mobile Communications System and Benjamin Farnum to permit the installation and use of the equipment and antennas as described for the purpose of a mobile communications system is allowed under this Special Permit . Sincerely yours , BOARD OF APPE e , Richard J Trep�er , Esqq Acting Chairman RJT/jw e t OANI,cL � NYNEX and BenJamin Farnum T0W�, ,,- °Boston Hi 1 1 " No��;� Al.cayea Petition No . 51- ' 84 December. 14 , 1984 flf�24 J� � 084 Page 2 No opposition was voiced at the hearing . The Board voted unanimously to take the petition under advisement. The Board rendered a decision at a regular meeting held on Monday evening , December 10 , 1984 . Members Trepanier , Sullivan , Soule , Foulds , and Vivenzio were again present and voting . Upon a motion made by Mr . Sullivan and seconded by Mr . Soule , the Board voted four to one with Member Vivenzio voting in opposition to grant the Special Permit subject to the condition that no more than five antennas the size of fishing rods , with a maximum height of twelve feet, be allowed on top of the building . In granting the Special Permit , the Board makes the following findings and conclusions : 1. The Board has the authority to grant the Special Permit under the provisions of the Zoning By Law , Sections 9 . 1 , 9 .2 , 10 .22 , and 10 . 31 . 2. The application requests a minimal extension of the use already permitted. Almost all of the equipment will be installed in a small portion of one floor of the existing building . The use will cause no inconvenience , disturbance or interference with neighbors , the district or the community-at-large . The use .will serve the public convenience and welfare . 3 . The minimal extension will not be substantially more detrimental than the existing non-conforming use to the neighborhood . 4. The provisions contained in Section 9 . 2 are satisfied : a ) The change can be approved by Special Permit . b ) The change will be on the same lot . c ) The change will virtually be all interior use and will not require construction exceeding twenty five percent . d ) The economic life of the use will not be extended , since the building exists and will not be substantially changed . 5 . Reference is made to the conditions set out in Section 10 . 31 for the approval of a Special Permit . All the conditions are found to be met : a ) The site is an appropriate location for the use . The height of Boston Hill is appropriate for installation of cellular mobile equipment . TG,,vk C�"� Any appeal shall be filed NOR roR,� Tn Aii0J11FN 3��;•Y .�,a� within (20) days after file Q z �4 $� h 9 date of filing of this Notice ��� in the Office of the Town ' Clerk. __ •�SSACHYS�4 TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS December 14, 1984 Mr . Daniel Long , Town Clerk Town Office Building North Andover , Mass . 01845 Re : NYNEX MobileCommunications Company and Benjamin Farnum 'Test side of Boston Street known as "Boston Hill " Petition No . 51- ' 84 Dear Mr . Long : The Board of Appeals held a public hearing on Monday evening , October 15 , 1984 upon the application of NYNEX Mobile Communi - cations Company and Benjamin Farnum . The hearing was advertised in the Lawrence Eagle Tribune on September 29 and October 6 , 1984 and all abutters were notified by regular mail . The following members were present and voting : Richard J . Trepanier , Esq . , Acting Chairman ; William J . Sullivan ; Walter F . Soule ; Maurice S . Foulds ; and Raymond A . Vivenzio , Esq . The petitioners seek a Special Permit under Section 10 . 31 of the Zoning By Law so as to permit housing for communications equipment in an approximate 20 foot by 20 foot room on premises located on the West side of Boston Street known as "Boston Hill " in the R -2 zoning district . Testimony revealed that the petitioners seek permission to allow NYNEX to install and use equipment in an area of approximately twenty feet by twenty feet on the fifth floor of the existing building located on the site and to install and use five , twelve foot antennas ( the size of fishing rods ) on the top floor of the building for the purpose of offering to the public mobile cellular telephone service . Further testimony revealed that after installation , the presence of any personnel will not be required . EXHIBIT "F" NCRTF, Ot it�to .�1•YO 3? .: Ot 3 f s �,SSAC}1U5£i TOWN OF- NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS Notice is hereby given that the Board of Appeals will hold a public hearing at the Town Hall Library located at the rear of the Town Hall Buildina, 120 Main Street North Andover MA. in the Town Hall Library on Tuesday the 10 th day of December 1996 at 7:30 o' clock P.M. to all parties interested' in the appeal of Sprint Spectrum L.P. requesting a Special Permit pursuant to Section 9, paragraph 9 .2 for installation of wireless telephone communication antennas, Table 2 of the Zoning Bylaw, for the purpose to extend non- conforming use. Said premise is located at ,-Boston Hill Road which is in the R-2 Zoning District for the purpose of installing wireless telephone communication antennas. Pians are available for review at the Office of Community Development & Services, Town Hall Annex, 146 Main Street. By the Order of the Board of Appeals William J. Sullivan, Chairman TOWN OF NORTH ANDOVER MASSACHUSETTS 130ARD OF APPEALS NoticPublish Lawrence Eagle Tribune 11.22.96' & 11,-27.96 :� the �antes; -win hold a public hearing -at.the Town Hail Ubrary •located at the rear at the -Town Hall Bullding6 120 'Main Street, North ,Andover,MA in the Town -Hall Library on Tuesday 'the 10th day at Decem- 'ber 1996 at 7:30 o'clock -PM.to all parties interest- 'ed in the appeal of Sprint Spectrum L.P. requesting a Special Permit pursuant -to-Section 9, paragraph '9.2 for-installation of wire- 'e$s telephone communi- cation antennas.Table 2 of -the Zoning Bylaw, for the purpose to extend non- conforming use. Said premise is located *Boston Hill Road which ;1s in the R-2 Zoning District dor.the purpose of installing -wireless telephone com- .'munication antennas. plans are available for -review at the Office of �Community Development `Zf.'Services. Town Hail ::& nex.146 Main Street. ;..► By the Order of the - Board of Appeals William 1 Sullivan, ! Chairman RFCctVED JOYCE BRADSHAW SOWN CLERK MORTN NORSH ANDOVER �9 FEB Ism- 1� 11 ai pM '9i 4 t• �SSgCYNrsf� TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS E.rztr appeal s:"all be filed Sprint Spectrum wit''tn (20) days Gf ter the 5 Boston Hili date of f i ng of this Notice in the Office of the Town Hearing Date: 12/10,1/14,2/11,197 Clerk NOTICE OF D . _ 570N Decision Date: 2/24/97 BOARD OF APPFA 4 TOWN OF NORTH ANDOVER MASSACHUSETTS The Board of Appeals held a public hearing on Tuesday evening, December 10, 1996, which public hearing was continued on January 14, 1997, and February 11, 1997, on the application of Sprint Spectrum L.1'. for a Special Permit under Section 9 of the By- Law. The hearing was duly advcrtised, and all the abutters were notified. The following members were present-and voting: Walter F. Soule, Acting Chairman,Robert Ford, John Pallone,Ellen McIntyre, and Scott Karpinski. The Petitioner seeks a Special Permit under Section 92 of the By-Law so as to extend a prior non-conforming use by the attachment of two antenna arrays for operating a Personal Communication System(PCS) wireless telecommunications network to the outside face of the existing structure equipment as well as installation of communications a ui ment within the existing structure, located on the west side of Boston Street knourn as Boston Hill in the R-2 zo.ung dLtricL Testimony revealed that the Petitioner is the holder of a license granted by the Federal Communications Commission to construct and operate a PCS network in the area,and that a Special Permit is sought to install and use equipment in an area of approximately 16 feet by 13 feet on the second floor of the existing building located on the site and to install and use up to eight antennas located on two mounting brackets on two sides of the building. At this time, it appears that two antennas will be mounted on each location, and if demand so warrants,two additional antennas can be mounted on each structure in the future, bringing the total number of antennas on the two mounts to eight. Further testimony revenled that after inst di.irinn- the nrrer.,,-a of ant- nr^;rinno-1 JL -.. J i one citizen was voiced at the first public hearing,however, that opposition «as withdrawn at the second public hearing. Testimony produced by the application's representatives and attorneys, and the owner,Benjamin G. Farnum,and his attorney, revealed that the site in question is used for telecommunication purposes, a non-conforming use in a residential zone, and that the site consists of approximately a 9.45 acre parcel of land with several pre-existing non- conforming buildings and structures thereon. The pre-existing non-conforming buildings include a concrete tower with a height of 84 feet with antennas thereon, and several smaller one story wood and steel structures. There are presently antenna arrays and dishes located on the building and the site owned by Mr.Famum, and his lesse.s, Rollins Cablevision, NYNEY, WNEV-TV,Mitre Corporation,and North Andover Civil Defense. 'Ihe land and strictures in question have been the subject of at least four prior decisions of the Board. The Board granted a variance in 1957 to permit the construction of a structure exceeding the then height limitation of the By-law. The use of the site for telecommunication towers was then a permitted use in a residential zone. The present structures on the site were built in the late 1950's and were utilized for telecommunication purposes by MIT Mitre Corporation. In 1982, the Board issued a special permit to Benjamin Famutn confirming the non-conforming use of the site for telecommunication purposes, and permitting Mr. Farrium to add antenna and transmitting dishes to the existing concrete tower not to exceed a total height of 140 feet. In February, 1984,the Board allowed a special permit to WNEV-TV to extend the height of the tower and antenna by 30 feet, specifically fording that this extension was within the limits of a 25%limitation on expansions of the prior non-conforming use imposed under the By- law. In December, 1984, the Board allowed a special permit to NYNEX Mobile Communications and Mr. Farrmm, allowing NYNEX to construct an approximately 20 foot b5 20 foot interior room Nvithia the existing concrete tower to house its equipment, and to attach and use five antennas on the top of the building. In approving the NYNEX special permit, the Board specifically found that"the site is in an appropriate location for the use [and] [t1he height of Boston Hill is appropriate for installation of cellular mobile equipment." Testimony was also received that as of 19727 the date upon which the existing use became non-conforming, the following,among others, was in use at the site and on the existing structure: one radar antenna support tower of 84 feet in h6ght-with a reflector antenna 120 feet wide and 30 feet in height, with a total height of the entire structure being 132 feet. The Board further received a summary of the Federal Telecommunications Act of 1996. This law provides that local boards cannot prohibit, or have the e5fect of prohibiting, the provision of personal wireless services and may not unreasonably discriminate among providers of functionally equivalent services. Furthermore,although the Federal Telecommunications Act of 1996 prohibits the board from regulating personal wireless service facilities on the basis of environmental affects of radio frequency emissions, the Petitioner produced and submitted a report by Donald L.Haes,Jr.,MS, Consulting Health Physicist showing the background RF exposure in the vicinity of the tower is well within levels determined to be safe by federal and state regulations. The provisions of Section 9 of the By-law, regulating non-conforming uses, contains the following requirements: • A special permit is required is order to extend or enlarge a prior non- conforming use; • The Board must find that"such change, extension, or alteration shall not be substantially more detrimental than the existing non-conforming use to the neighborhood"; • "Such changc shall be permitted only upon the same lot occupied by the non-conforming use ori the date that it became non-conforming"; • "Any increase in volume, area, or extent of the non-conforming use shall not exceed an aggregate of more than 25%of the original use"; and • "no change shall be permitted which tends to lengthen the economic fife of the non-conforming longer than a period reasonable for the amortization of the initial investment". Qertain members of the Board also viewed the site and the surrounding neighborhood. The Petitioner also submitted a plot plan showing the entire site. Communication was also received from the Fire.Department relating to the structure's compliance with safety regulations. At its February 11, 1997 meeting, the Board closed the public hearing, and upon proper motion, duly seconded, the Board voted to grant the special permit to Sprint Spectrum, making the following findings and conclusions: I. The Board has the authority to grant the special permit.under the provisions of Section 9 of the Zoning Bylaw. 2_ The alteration of the pre-existing structure by construction of a small room on the second floor thereof to house equipment,and the attachment of the two antenna arrays to the outside of the building, will not be substantially more detrimental to the neighborhood than the existing nonconforming use and structure. Members of the Board have viewed the existing structure and the surrounding neighborhood, were shown examples of antennas Sprint will attach, and have reviewed the engineering drawings of the n ' Proposed attachment by Sprint. In addition, there are no houses in the immediate neighborhood, and Sprint Spectrum's attachments will not be substaniiaily more detrimental to the neighborhood, 3. The change/alteration,will be on the same lot as the pre-existing nonconforming use and structure. 4. The Board has examined the Sprint Spectrum's proposed attachment in light of the Iimitation of a 25%increase in the extent of the prior nonconforming use in a number of ways and using several methods of calculating the 25% limitation, and has determined that based on any of these methods of interpreting the 25% limitation., Sprint Spectrum's attachment ;iil not exceed that threshold. For example: (a) The Petitioner provided a series of calculations of the total square footage of the four faces of building, which equals approximately 12,000 square feet. The area of the antennas already attached to the building, as well as the area of the tower structure on the roof, total approximately 1,376 square feet, or approximately 11.22%of the total amen. The Petitioner antenna arrays will total approximately 96 square feet, and bring the total antenna square footage to approximately 12% of the total area, which is less than the 25%limitation. ( ) The square footage of antennas allowed and in use on the tower as of 1972 when the use became nonconforming appears to have totaled approximately 3,600 square feet. The existing antennas ars calculated to total approximately 1,376 square feet, and with the addition of Sprint Spectrum's antennas, would total approximately 1,472 squame feet, which is less than the extent of use permitted in 1972. Them-fore, by this method of calculation,the addition of the Petitioner's antenna arrays would not even reach the baseline established in 1972, let alone result in any increase approaching the 25%limitation. Notwithstanding the foregoing,the Board is not making any finding under §9.4 of the By-law as to whether the full extent of the I972 non-conforming use is available to the site owner at this time. (c) The existing structure is slightly in excess of 36 feet by 36 feet. A 25% increase in each dimension would allow the attachment of antennas to the face of the building such that the total volume of the building did not increase by more than 25%. The Petitioner's attachments, it was reported, could be accomplished within this vol=ctric limitation. •z Based on All of these methods of calculating the 25% limitation on expansion, the Board finds that the Petitionar's proposal will not cxcccd the 25/0 limitation: At this time,the Board is not determining any one rewired method for calculatingconf �S that there is only that the.Petitioner's o��with a 25111* limitation, allachment does not exceed the limitation. 5- The economic life of the pre.existing and nonconforming uselstructure Will not be extended, since the building e.Yists and vlrijj not be substantially stantialIy 6• The use is in harmony with the general st and adequate and appropriate facilities exist ole and intent of the By-law, proposed use. for the proper operation of the The special permit is granted upon the following conditions: I- in the event that any of the structure/ante used or nc nnas herein allowed are no longer ressruy for its stated purpose, they shall be removed by the applicant or landowner. I Operation of the antennas will not commence until approval by the Ml-' acht>setts Department of Health has been obtained and transmitted ro the Board. 3. Construction plans showing the antennas as constructed b shall be submitted to the building inspector. Y the Petitioner . 4 Prior to issuance of a building permit for any construction or installati Of equipment or telecommunication devices in or on the building, bon Board shall be furnished with an accountin ' T g of an already existing on the structure identifying yeach unit and its owner and staring whether it is in daunt use and operation, which accounting shall be certifiui b land owner. y the 5• Pe'Phtiistionspeciincial pudiermit a es to only the two antenna arrays identified in the , no the pp plaIi_rhs submitted therewith. Any further installation Permit. anteplated shall require separate application to this Board for a special � •dict. j�to E� 4/�r✓�J' 4,441 IISF"to Board of Appeals .tl�C:-9T�rS� Walter F Soule, vice Chairman EXHIBIT "G" RECEiI'=11 JOYCE 2RAD-'HAW NORTH TOWNEE CRK ?°;�•�'" •.',"OL NORTH ANDOVER AUG 25 4 35 IN '97 SS•KNUSE TOWN OF NORTH ANDOVER MASSACHUSETTS • BOARD OF APPEALS NOTICE OF DECISION Property: Boston Hill Rd Omnipoint Communications Date: 8-25-97 Boston,Hill Rd Petition# : 024-97 North Andover, MA 01845 Date of Hearing: 8-12-97 The Board of Appeals held a regular meeting on Tuesday evening, August 12, 1997 on the petition of Omnipoint Communications of 705 Miles Standish Blvd., Taunton MA. Requesting a Special Permit under Section 9, Paragraph for the installation of wireless telephone communication antennas, Table 2 of the Zoning Bylaw. The purpose is to extend the use of' a non-conforming structure in the V-R District. The premise is located at Boston Hill Road. Affected is property with frontage on the West side of Boston St., and Boston Hill Road. Members voting : William Sullivan, Walter Soule, Robert Ford, Ellen McIntyre. Upon a motion by Walter .Soule, seconded by Robert Ford to Grant the Special Permit as requested according to Section 9, Paragraph 9.2 to install wireless antennas to a non-conforming structure on Boston Hill in the V-R District. The vote was unanimous. Voting member: William Sullivan, Walter Soule, Robert Ford, and Ellen McIntyre. The hearing was advertised in the Lawrence Tribune on 7.29.97 and 8.4.97, all abutters were notified by regular mail. The Board finds that the applicant has satisfied the provisions of Section 9, Paragraph 9.1 of the Zoning Bylaw and that such change, - extension or alteration shall not be substantially more detrimental than the existing non-conforming structure to the neighborhood. BOARD OF APPEALS, William Sullivan, Chairma EXHIBIT "H" ru oL A 9 n ` JOYCE BRADS4 TOWN CLERK -'•..,.•%'`<SOVER �SS�a+uStit NORTH AND TOWN OF NORT}i ANDOVER JuN 'o AM �JU MASSACHUSi=TTS BOARD OF APPEALS Any appeal shall be filed within(20)days after ttte date of filing of this Notice in the Office of the Town Clerk NOTICE OF DECISION PROPERTY: Boston Hill NAME:Sprint S m LP. DATE:6h/98 ADDRESS: 1 Intemational Blvd, Suite 800 PETITION:011-98 Mahwah, New JerSSY HEARING: 4/14198,.&5119/98 The Board of Appeals held a regular meeting on Tuesday evening, May 19, 1998, upon the application of Sprint Spectrum, LP.., requesting a Special Permit from the requirements of Section 9, Paragraph 9.2, of Table 2,to amend condition #5 of petition#040-96, to allow the alteration of the southeast bracket to achieve correct alignment for gamma directional. The following members werepresent: William J. Sullivan, Walter F. Soule, Robert Ford, Ellen McIntyre, George Earley. The hearing was advertised in the Lawrence Tribune on 3/31/98 &4/7/98 and all abutters were notified by regular mail.. Upon a motion made by Walter F. Soule, and seconded by Robert Ford, the Board of Appeals voted to grant a Special Permit for alteration of the southeast bracket to achieve correct alignment for gamma directional in accordance with the plan dated February 17, 1998. Voting in favor. William J. Sullivan, Walter F. Soule, Robert Ford, Ellen McIntyre. George Earley, abstained from voting. BOARD OF APPEALS William J. Sullivan, Chairman Zoning Board of Appeals /decoct/9 :. �..:. . EXHIBIT "I" 1 Fr'AC NOTiC�: • �:oaFFi�cE'9�� ::_l •CaIYQItiUNiTY• `'=. p>r)ip,OPMENT.AND SERVICES 30 SdwOl Street.•. North Andove4 MA OIs'. pirecmr- : s PUBLIC HEAMr- manCE.. NORTHANDMIM Pl AN112412 BOARD mccodance.with-the p,owionsat 0WIM Section S. M.Gj_'the North Andpw r•Ptatmin9 Soavd yA hold at P� hearing Tuescis•if ev+nl<t9. April 21. 1998 at 7:00 p.m; at the North Andover Department of ncOcanter, ee ROM 384 Osgood g rpose at discuss". amthe ending the Zomig Bytaw by, amend- Section 265 Special Permit Granting AUdxxity of the Zoning Bylaw by adding the Iice a i -yyfreless Service Rll- • t Watershed Protection And by amending Sec- don 8.3 Site Plan Review of the Zoning ByraW by adding the foliowmg lan- guage: .8.3(2)(a)(iv) The con- on of anY new wire- law semce facility ona . ll- ty as set forth in Section &9(3)(a)f*7 "1810" SOr- ,,=Fac:Mm Use Regula got 8.3(5)(t) If the site plan review application is for the construction of any new wireless service facility on a previously pecmitted tac+inY as set tough in Sec- tion 8 9(31(a)911) Wireless Service Facilities Use R. - ulations, the information teWired by Section 8.9(5) nu+st also be subrnrttad. The SPCA may grant a waiver from these�nds tnit- tat requuertrents that such infonmabw is not needed for a thorough r review of a proposed Per- sonal wireless service Aappy of the text may be inspected at MO North Andover Offfoe, 30Ianning Schooi Street- during the hours of 8:30 a.m. 4.30 pm. Monday through� interested �mg to be heard on Me subiect should appear at the time and place des- ignated. Richard S.CtROWGG416 WrmanNorth r Planning Board E-T_April 6.-13.19N 3 i3. Any section of this by-law, or portion thereog declared mvalid 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 89 Wireless Service Facilities 1) Purpose a) It is the express purpose of this Bylaw to minimize the visual and environmental impacts R as well as arty 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 cogssistent with the purpose of the North Andover Zoning Bylaw and planning efforts at the Iocal government level to firrther the conservation and preservation of developed, natural and undeveloped areas, wildlife, flora and habitats for endangered species;protection of the natural resources of North Andover, enhancement of open space areas and respect for North Andover's rural character. 2) Definitions: a) Above Ground Level (AGL). A measurement of height from the natural grade of a site to the highest point of the structure. b) Above Mean Sea Level (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." 125 e) Carrier. A company that provides wireless services. 1) Co-Iocation. The use of a single mount on the ground by more than one carrier (vertical co-location) and/or several mounts an a preexistent building by more than one carrier. g) Cross-polarized (or dual-polarized) antenna A low mount that has three panels flush mounted or attached very close to the shaft. h) Elevation.The measurement of height above mean sea level. j Q 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), i Enhanced Specialized Mobile Radio,Specialized Mobile Radio and Paging. 1) GPS. Ground Positing System by satellite location of antennas. m) Guyed Tower. A lattice tower that is tied to the ground or other surface by diagonal cables. n) Lattice Tower. A type of mount that is self-supporting with multiple legs and cross bracing of structural steel. o) Licensed Carrier. A Company authorized by the FCC to construct and operate a commercial mobile radio service system. p) Monopole. The type of mount that is self-supporting with a single shaft of wood steel or concrete and a platform(or racks)for panel antennas arrayed at the top. q) Mount. The structure or surface upon which antennas are mounted, including the following four types of mounts: (1) Roof Mounted: Mounted on the roof of a budding. (2) Side-mounted:Mounted on the side of a budding (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. 126 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. u) 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 wad, fence or berm that completely seals an area from unauthorized entry or trespass. a) Separation.The distances between one array of antennas and another array. y) Utility.A system of wires or conductors and supporting structures that functions in the transmission of electrical energy or communication services(both audio and video) between generating stations, sub-stations, and transmission lines or other utility services. z) Wireless Service Facility. Facilities used for the principle purpose of commercial or public wireless communications uses, such as cellular telephone services, enhanced specialized mobile radio services, microwave communications,wireless communications services, paging services and the 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. iii A wireless service facility may locate as of right on any existing guyed tower, lattice 127 tower, monopole or electric utility transmission tower for which a special permit issued under this Section 8.9 is in effect, provided that the new facility shall first obtain • site plan review approval from the Planning Board and, provided fiuther 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 Iocated. 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 Iocated 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 seelang approval for wireless service facilities shall comply with the following: i) If feasible, wireless service facilities shall be located on preexistent structures, including but not limited to buildings or structures, preexistent telecommunications facilities, utility poles and towers, and related facilities, provided that such installation reserves the character and irate of those se sura grrty aures. 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. n) If the applicant demonstrates to the satisfaction of the SPGA(Special Permit Granting Authority) that it is not feasible to locate on a preexistent structure, wireless service facilities shall be camouflaged to the greatest extent possible, including but not limited to: use of compatible budding 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 pp for a buildingpermit and/or Special Permit P P 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 completely camouflaged such as within a flagpole, steeple, chimney, or similar structure. Wireless service facilities may locate • on a building that is legally non- conforming with respect to height, provided that the 128 facilities do not project above the existing building height. ii) Height, Ground-Mounted Facilities Ground-mounted wireless service facilities shall not project higher than ten feet above the average building height or, if there are no buildings within 300 feet, these facilities shall not project higher than ten feet above the average tree canopy height, measured from ground level (AG,). 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 nQt project above the existing building height. iv) Height, Preexistent Structures (Utility) New antennas located on any of the following structures existing on the effective date of this bylaw shall be exempt from the height restrictions of this bylaw provided that there is no increase in height of the existing structure as a result of the installation of a wireless service facility: Water towers, guyed towers, lattice towers, fire towers and monopoles. Y) 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 Zx the height of the facility/mount, including any antennas or other appurtenances. This setback is considered the"fall zone". In addition, a minimum setback of 300 feet from any habitable dwelling or business is required. (Z) In the event that a preexistent structure is proposed as a mount for a wireless service facility, the setback provisions of the zoning district shall apply. In the case of the preexistent non-conforming structures, wireless service facilities and their equipment shelters shall not increase any non-conformity. (3) The SPGA may reduce the required setback distance by as much as 50%, if such set back provides adequate safety, promotes co-location or improves design, and will not significantly impact the character and appearance of the neighborhood. In making a request for a reduced setback, the manufacturer or qualified licensed 129 designer shall certify that the tower is designed to collapse upon itself in the event of failure. The SPGA may allow reduced setbacks as necessary to allow for.the _ use of an existing structure. 4) Design Standards a) V-12bility1Camouflage 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. u) 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- iu') Color (1) Wireless service facilities,which are side-mounted on buildings, shall be painted or constructed of materials to match the calor 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 iv) Equipment Shelters Equipment shelters for wireless service facilities shall be designed consistent with one of the following design standards: (1) Equipment shelters must be located in underground vaults; or 130 (2) designed consistent with traditional materials, color and 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 facrfities on abutting properties. There shall be total cutoff of all light at site shall be shielded from lines of the parcel to be developed, and foot-candle measurements at the the property ; property line shall be 0.0 initial foot-candles when measured at grade. the roe and the owner and warn j u7 Signs shall be limited to those needed to identify contain any or other devices for � of any danger. No tower or other facility shall y requirements of Section the purpose of advertisement All signs shall comply with the 6; Signs and Outdoor Lighting Regulations of this bylaw. r 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 n tric the character-ding features, distinctive construction methods, or original histo 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 thin or behind facilities within an historic district shall be concealed w . ot visible from e fisting architectural features, or shall be located so that they public roads and viewing areas within the district. iv) The Historic District Commission must review all appropriate facilities. d) Scenic Landscapes and Vistas No fa shall be located within 300 feet of a Scenic Road. If the facility is located ctY i) the scenic road,the height regulations described elsewhere farther than 300 feet from _ in this Bylaw shall apply. - 131 n) 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 treegrowth. 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. ° wireless service site of an personal e discharged on the y p u� No hazardous waste shall b g 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. in) Storm water run-off as a result of the wireless facility shall be contained on-site and Water Mara ement regulations as applicable. comply i with the DEP Storm rm g 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 a eP ent for wireless service facilities shall not generate� noise in excess of 50 dB at gr at the base of the building closest to the antenna_ f) Safety Standards i) Radiofrequency Radiation (RFR) Standards. All equipment proposed for a wireless service facility shall be authorized per the FCC Guidelines for Evaluating the ' Enviromnental Effects of Radiofrequency Radiation (FCC Guidelines) or any other applicable FCC guidelines and regulations. iii) 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 g Authority (SPGA). The Special Permit Granting a) Special Permit Grantin 'Authority 132 I (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 regulatign, 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. - s 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 format 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. (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 authoriang 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. iui) 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 133 - I (2) identify the Zoning District designation for the subject parcel. Submit a copy of Town zoning map with parcel identified. (3) A locus map ata scale of 1"= 1500' showing the subject property and o properties within 300 feet and the location of all buildings,including a ry structures, on all properties shown. (4) A map showing the other preexistent and approved wireless service facilities in outside North Andover within one mile of its boundary. North Andover and _ (5)GPS all equivalent system locating by latitude and longitude wireless service facilities iii)siting Filing Requirements. A one-inch equals-40 feet pian 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. ro and allProperties directly abutting the subject (3) Tree cover on the subject Property 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 theproperty- (5) P ' e subject ro rtY• (5) Proposed location of antenna,mount and equipment shelter(s)* as point of controlled indicatinga and extent as well p Proposed security barrier, type entry. public and Private, on the subject property and er all (�Location of all roads,p P driveways proposed to serve the adjacent properties within 300 feet including Y P P . J 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. 134 (10) All proposed changes to the preexistent property, including grading, vegetation j 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. i (12)Lines representing the sight line showing viewpoint(point from which view is taken) and visible point(point being viewed)from'SightLines" subsection below. ' (13)Location of all wetlands on the subject property and within 100' of the proposed s facility as approved by the Conservation Commission. I iv) Sight lines and photographs as described below: (1) Sight line representation. A sight line representation shall be drawn from any public road within 300 feet and the closest facade of each residential building (viewpoint) within 300 feet to the highest point (visible point) of the wireless service facility. Each sight line shallbe depicted in profile, drawn at one-inch equals 40 feet scale. The profiles shall show all intervening trees and buildings. In the event there is only one (or more) residential building within 300 feet there shall be at least two sight lines from the closest habitable structures or public roads, if any. (2) Preexistent (before condition) photographs. Each sight line shall be illustrated by one four-inch by six-inch color photograph of what can currently be seen from any public road and any residential building within 300 feet. (3) Proposed (after condition) photographs. Each of the preexistent condition photographs shall have the proposed wireless service facility superimposed on it to show what will be seen from public roads and residential buildings if the proposed wireless service facility is built. (4) Siting elevations or views at-grade from the north, south, east and west for a SO- foot radius around the proposed wireless service facility plus from all preexistent public and private roads that serve the subject property. Elevations shall.be at either one-quarter inch equals one foot or one-eight inch equals one foot scale and show the following: (a) Antennas, mounts and equipment shelter(s), with total elevation dimensions and average ground level (A(M) 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. 135 (b) Security barrier. If the security barrier will block views of the wireless service facility,-the barrier drawing shall be cut away to show the view behind the j barrier. j (c) Any and all structures on the subject property. (d) preeadstent trees and shrubs at current height and proposed trees and shrubs at at time of installation, with rommate elevations proposed height 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 . ided for the manufacturer's specifications or trade journal reprints as cableeruns,sand security antennas, mounts, equipment shelters, cables as barrier, if any- (2) wireless service facility specified by generic type and (2) Materials of the proposed anodized aluminum stained wood, painted fiberglass, specific treatment (e.g.lequipment shelters, alloys, etc.). These shall be provided for barrier, ifthe �anq mounts, cables as well as cable runs, and security ( )3 Colors of the proposed wireless service facility represented by a color board showing actual colors proposed. Colors shall-be provided for the antenna barrier, any mots, • equipment shelters, cables as well as cable runs, and security 4 Dimensions of the wireless service facility specified for all three directionsu pment ( ) width and breadth. These shall be provided for the antennas, mounts, eq P shelters and security barrier, if any. hic superimposition's of the wireless ( Appearance shown by at least two photographic hic superimposition's within the subject property. The photograp service facility merit shelters, cables as well as shall be provided for the antennas, mounts, equip cable inns,and security barrier,if any,for the total height,width and breadth- cable trees and shrubs and those proposed to be . (6) Landscape plan including p added,identified by size of specimen at installation and species. (7) During public ublic hearing process the applicant shall schedule with the Planning 136 Board a balloon or crane test at the proposed site, at the expense of the applicant, to illustrate the height of the proposed facility. (8) If lighting on the site is required by the FAA,, the applicant shall submit a manufacturers computer generated point-to-point printout, indicating the horizontal foot-candle levels at grade, within the property to be developed and twenty-five (25) feet beyond property lines. The printout shall indicate the locations and types of luminaries proposed. vQNoise 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 right), for the following- (a) ollowing(a) Preexistent or ambient: the measures of preexistent noise (b) Preexistent plus proposed wireless service facilities: maximum estimate of noise from the proposed wireless service facility plus the preexistent noise environment. (c) Such statement shall-be certified and signed by an acoustical engineer, stating that noise measurements are accurate and meet the requirements of DEP and Section 8.9(4)(e). vii)Radiofrequency Radiation (RFR) Filing Requirements (1) All telecommunications facilities shall be operated only at Federal Communications Commission (FCC) designated frequencies, power levels and standards, including FCC Radio Frequency Emissions standards. The applicant shall provide certification demonstrating that the maximum allowable frequencies, power levels will not be exceeded. Certifications shall include technical specifications, a written explanation of those specifications, and, if necessary,field verification. The Permit r Granting Authority may condition any Special Permit granted under this section upon a periodic submittal of certification of compliance with said standards. (2) In order to determine compliance with applicable FCC regulations, the applicant shall provide a statement listing the preexistent and maximum future projected 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 RFI 137 Plus Proposed wireless service facilities: maximum estimate of RFR (b) Preexistent p P P plus the preexistent RFR from the proposed wireless service facility P environment. RFR measurements are r a engineer, stating that , (c) Certification, signed byspecified � the Radiofrequency 't en accurate and meet sub-section e Guidelines o�this Bylaw. Radiation Standards (3) Applicant must submit a cagy of the letter from the Massachusetts Department of public Health approving required the site for this facility equ�d y 105 CMR 122.000 res that the Department of Public Health approve all sites for wireless egiur facilities with respect to emissions. Viii) Federal Environmental Filing Requirements Assessment (EA)that meets (I) At the time of application filing; an Environmental re uirenients shall be submitted to the Town for each wireless service facility FCC q site that requires such an EA to be submitted to the FCC • (2) The applicant shall -list location, type and amount Cmcluding 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. waive one or more of the application filing requirements of ix) Waiver. The SPGA may review of a this section if it finds that such information is not needed for a thorough Bless service facility. proposed personal ers wireless ' Co- 'on lacatz e and service facilities and sites where feasibl s shall share wirelessare stand-alone a) Licensed cirri the number of wireless service facslities that reducing demonstrate r g d thereby shall i appropriate, y ectal Permit for a wireless service facility for a S includes: applicants P {ages.All aPp a good faith effort to co-locate with other carriers. Such good faith ort 7 A survey of all preexistent structures that may be feasible sites for co-Locating wireless service facilities; eratmg ii Contact,with all other licensed carriers for commercial mobile radio services op in the Commonwealth of Massachusetts;and - information necessary to determine i£co-location is feasible under the design ink Sharing configuration most accommodating to co-location- d effort ' b) An Applicant shall demonstrate to the Planning Board that it has made a goo 138 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 ficdities not specified in the approved Special Permit shall require a new Special Permit. This allows a carrier to"pre- permit" a site for additional facilities so that they will not have to apply for another Special Permit later. e) Ia order to determine conipliance 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 a) After the facility is in operation, the applicant shall submit to the SPGA,within'90 days of beginning operations and at annual intervals from the date of issuance of the Special Permit, preexistent and current RFR measurements. Such measurements shall be signed 139 and certified by an RF engineer, stating that REP 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 SPGR; within 90 days of the issuance of the Special Permit,'and at annual intervals from the date of issuance of the Special Permit, preexistent and current measurements of acoustic noise from the wireless service facility Such measurements shall be certified and signed by an acoustical engineer, stating that noise measurements are accurate and meet the Noise Standards'sub-section 6.13.14.5 of this Bylaw C) The applicant and co-applicant or their successor in interest shall maintain the wireless service facility in good condition. Such maintenance shall include, but shall not be limited to, painting, 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 nofmare 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: 1) Removal of antennas, mount, equipment shelters and security barriers from the subject property. iii) Proper disposal of the waste materials from the site in accordance with local and state solid waste disposal regulations. iin� 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 140 1 l costs of removing the facility from the subject property. Said amount shall be certified by an engineer, architect or other qualified professional registered to practice in the Commonwealth of Massachusetts. Said funds shall be held by an independent escrow agent to be appointed by the carrier and the SPGR The carrier shall authorize and, as necessary, shall obtain the authorization of the owner of the property to allow the escrow agent to enter upon the subject property to remove the facility when the facility has been ' abandoned or discontinued In the event the posted amount does not cover the cost of demolition and/or removal the Town may place alien upon the property covering the difference in cost. d) A facility shall be deemed to be abandoned or discontinued if it has not been used for the purpose for which it was originally constructed for a period of six (6) months or more. Once abandonment or discontinuance has occurred, the carrier shall remove the facility from the subject property within ninety days. In the event that the carrier fails to remove the facility, the town shall give notice to the carrier and the independent escrow agent that the facility shall be removed by the escrow agent forthwith and the escrow agent, after affording written notice seven days in advance to the carrier, shall remove the facility. e) Failure to follow the provisions of this subsection 8.9(9) shall result in a fine of not more than$300 dollars for each offense_ Each day that such violation continues shall constitute a separate offense. 10)Reconstruction or Replacement of Existing Towers and Monopoles a) Guyed towers, lattice towers, utility towers and monopoles in existence at the time of adoption of Section 8.9 this Bylaw may be reconstructed, altered, extended or replaced on the same site by Special Permit, provided that the 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) In.-um-ice in a reasonable amount determined and approved by the SPGA after consultation at the expense of the applicantwith 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 141 authorized to expend the funds for the maintenance of the facility on terms to be agreed upon by the carrier and the SPGA as a condition of approval of the special permit. 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 f led with the SPCA by the Special Permit holder. 12)Term of Special Permit a) - A Special Permit issued for any wireless service facility shall be valid for three(3)years. The special permit may be renewed under the same criteria as the original special permit, provided that the application for renewal of the special permit is made prior to the expiration date ofthe original or any renewed special permit. Additional measures governing the administration of the special permit are found in Section 10.3 of this Zoning Bylaw. SECTION 9 NON-CONFOBINMG USES 9.1 Non-Conforming Uses Any non conforming budding, structure, or use as defined herein, which lawfully existed at the time of passage of the applicable provision of this or any prior by Law or any amendment thereto may be continued subject to the provisions of this Bylaw. Any lawfully non-conforming building or structure and any lawfiulty non-conforming use of building or land may be continued in the same Idnd and manner and to the same extent as at the time it became lawfully non-conforming, but such budding or use shalt not at any time be changed,extended or enlarged except for a purpose permitted in the zoning district in which such building or use is situated, or except as may be permitted by a Special Permit or otherwise by the North Andover Board of Appeals. Pre-existing non-conforming structures or uses, however,may be extended or altered, provided that no such extension or alteration shall be permitted unless there is a finding by the Board of Appeals that such change, extension, or alteration shall not be substa-~:Oy more detrimental than the etisting,r-_^_-=^f use to the neighborhood . When a pre-existing structure has been made non-conforming due to changes in the lot size required by this bylaw, such structure may be extended or altered based on a finding by the Zoning Enforcement 0$cer that such structure after the change meets all current zoning requirements except for lot size. (1995l43)- 142 9.2 Alteration or Extension A use or structure housing a use, which does not conform to the regulations of this Bylaw but which did conform to all applicable regulations when initially established shall not be changed, extended or enlarged except in accordance with the following provisions: 1. Such change shall be approved by a Special Permit or otherwise by the Board of Appeals. 2. Such change shalt be permitted only upon the same lot occupied by the non_conforming use on the date that it became non-conforming. 3. Any increase in volume, area, or extent of the non conforming use shall not exceed an aggregate of more than twenty five percent(25%)of the original use. 4. No change shall be permitted which tends to lengthen the economic life of the non-conforming longer than a period reasonable for the amortization of the initial investment. 9.3 Building After Catastrophe Any non-conforming budding or structure destroyed or damaged by fire, flood, ligbting wind or otherwise to the extent of sixty-five percent(651/a)or more of its reproduction cost at the time of such -damage shall not be rebult, repaired, reconstructed nor altered except for a purpose permitted in that zoning district in which such building is located, or except as may be permitted by a Special Permit or otherwise by the Board of Appeals acting under G.L.Chapter 40A. 9.4 Abandonment If any may non-conforming budding or use of a building or land be at any time discontinued for a period of two years or more, or if such use or building be changed to one conforming with the North Andover Zoning Bylaw in the district in which it is located,it shall thereafter continue to conform SECTION 10 ADMINISTRATION 10.1 Enforcement The North Andover Zoning Bylaw shalt be enforced by the North Andover Building Inspector. The Building Inspector,upon being informed in writing of a possible violation of this Bylaw or on his own midative, shalt make or cause to be made an investigation of facts and an inspection of the premises where such violation may exist. If the Building Inspector is so informed in writing and declines to act; he shall within fourteen(14)days of his receipt of such information give to his informant,in writing„his j reasons for reframing from taking any action. The Building Inspector, on evidence of any violation 143 EXHIBIT "J" t TOWN OF NORTH ANDOVER MASSACHUSETTS ANNUAL TOWN MEETING WARRANT tkO r6 q'y0 0L' p�RATEfl SSgCHUc�E firma MONDAY, MAY 119 1998 7:00 P.M. NORTH ANDOVER HIGH SCHOOL FIELD HOUSE PLEASE BRING THIS BOOKLET WITH YOU! Article 36. Amend Zoning Bylaw - Add Section 8.9 - Wireless Service Facilities. To see if the Town will vote to amend Section 8 of the Zoning Bylaw by adding a new section,-Section 8.9 Wireless Service Facilities to read as follows: 8.9 Wireless Service Facilities 1) Purpose a) It is the express purpose of this Bylaw to minimize the visual and environmental impacts as well as any potential deleterious impact on property value, of wireless i 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. 2) Definitions: a) Above Ground Level (AGL). A measurement of height from the natural grade of a site to the highest point of the structure. b) Above Mean Sea Level (AMSL). A uniform point from which height above sea level (or zero elevation) can be measured. c) Antenna. The surface from which wireless radio signals are sent and received by a wireless service facility. d) Camouflaged. A wireless service facility that is disguised, hidden, part of an existing or proposed structure or placed within a preexistent or proposed structure is considered to be "camouflaged." e) Carrier. A company that provides wireless services. 39 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. g) Cross-polarized (or dual-polarized) antenna.A low mount that has three panels flush mounted or attached very close to the shaft. h) Elevation.The measurement of height above mean sea level. Q Environmental Assessment (EA). An EA is tse document required by the Federal Communications Commission (FCC) and the National Environmental Policy Act(NEPA) when a wireless service facility is placed in certain designated areas. j) Equipment Shelter. An enclosed, structure, cabinet, shed or box at the base of the mount within which are housed batteries and electrical equipment. k) Functionally Equivalent Services. Cellular, Personal Communication Services (PCS), Enhanced Specialized Mobile Radio, Specialized Mobile Radio and Paging. 1) GPS. Ground Positing System by satellite location of antennas. m) Guyed Tower. A lattice tower that is tied to the ground or other surface by diagonal cables. n) Lattice Tower. A type of mount that is self-supporting with multiple legs and cross bracing of structural steel. o) Licensed Carrier. A Company authorized by the FCC to construct and operate a commercial mobile radio service system. p) Monopole. The type of mount that is self-supporting with a single shaft of wood steel or concrete and aor latform p ( racks) for panel antennas arrayed at the tog. .. q) Mount. The structure or surface upon which antennas are mounted, including the following four types of mounts: (1) Roof Mounted: Mounted on the roof of a building. (2) Side-mounted: Mounted on the side of a building (3) Ground-mounted: Mounted on the ground. (4) Structure-mounted: Mounted on a structure other than a building. r) Omnidirectional (whip) antenna. A thin rod that beams and receives a signal in all directions. 40 s) Panel Antenna.A flat surface antenna usually developed in multiples. t) PCS. Communications Services. These are broadband radio-wave systems that operate at a radio frequency in the 1850- 1900 megahertz range. u) Radio Frequency (RF) Engineer. An engineer specializing in electric or microwave engineering,especially the study of radio frequencies. v) Radio Frequency Radiation (RFR). The emissions from wireless service facilities as defined in the FCC Guidelines for Evaluating the Environmental Effects of Radio Frequency Radiation (FCC Guidelines) or any other applicable FCC guidelines and regulations. w) Security Barrier. A locked impenetrable wail, fence or berm that completely seals an area from unauthorized entry or trespass. z) Separation. The distances between one array of antennas and another array. y) Utility. A system of wires or conductors and supporting structures that functions in the transmission of electrical energy or communication services (both audio and video) between generating stations, sub-stations, and transmission lines or other utility services. z) Wireless Service Facility. Facilities used for the principle purpose of commercial or public wireless communications uses, such as cellular telephone services, enhanced specialized mobile radio services, microwave communications, wireless communications services, paging services and the 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: r commercial mobile radio services, unlicensed wireless services, and common carrier wireless exchange access services. 3) District Regulations a) Use Regulations: A wireless service facility shall require a building permit in all cases and may be permitted as follows: i) The carrier must demonstrate that the facility is necessary in order to provide adequate service to the public. 41 Ji) 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 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, P provided that such installation preseryes es 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 proving service facilities. The applicant shall have the burden of p g that there are no feasible preexistent structures upon which to locate. ii if the applicant demonstrates to the satisfaction of the SPGA (Special Permit Granting Authority) that it is not feasible to locate on a preexistent structure, greatest extent possible, service facilities shall be camouflaged to the Po wireless including but not limited to: use of compatible building materials and colors, screening, landscaping, with natural and/or artificial plantings (as indicated through site pian review), and placement within trees. iii) The applicant shall submit documentation of the legal right to install and use the proposed facility mount at the time of application for a building permit and/or Special Permit e) Dimensional Requirements: Wireless service facilities shall comply with the following requirements: i) Height, General Regardless of the type of mount, wireless service facilities shall be no higher than ten feet above the average height of buildings within 300 feet of the proposed facility. In addition, the height of a wireless service facility shall not exceed by more than 10 feet the height limitations of the 42 zoning district in which the facility is proposed to be located, unless the facility is completely camouflaged such as within a flagpole,steeple, chimney, or similar structure. Wireless service facilities may locate on a building that is legally non- conforming with respect to height, provided that the facilities do not project above the existing building height. iii) Height, Ground-Mounted Facilities Ground-mounted wireless service facilities shall not project higher than ten feet above the average building height or, if there are no buildings within 300 feet, these facilities shall not project higher than ten feet above the average tree canopy height, measured from ground level (AGL). If there are no buildings within 300 feet of the proposed site of the facility, all ground-mounted wireless service facilities shall be surrounded by dense tree growth to screen views of the facility in all directions. These trees may be existing on the subject property or planted on site. iii) Height, Side-and Roof-Mounted Facilities Side-and roof-mounted wireless service facilities shall not project more than ten (10) feet above the height of an existing building or structure nor project more than ten (10) feet above the height limit of the zoning district within which the facility is located. Wireless service facilities may locate on a building that is legally non-conforming with the respect to height, provided that the facilities do not project above the existing building height iv) Height, Preexistent Structures (Utility) New antennas located on any of the following structures existing on the effective date of this bylaw shall be exempt from the height restrictions of this bylaw provided that there is no increase in height of the existing structure as a result of the installation of a wireless service facility: Water towers, guyed towers, lattice towers, fire towers and monopoles. e v Setbacks All wireless equipment service facilities and their a m nt 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". In addition, a minimum setback of 300 feet from any habitable dwelling or business is required. (2) In the event that a preexistent structure is proposed as a mount for a wireless service facility, the setback provisions of the zoning district shall apply. In the case of the preexistent non-conforming structures, wireless 43 service facilities and their equipment shelters shall not increase any non- conformity. (3) The SPGA may reduce the required setback distance by as much as 50%, if such set back provides adequate safety, promotes co-location or improves design, and will not significantly impact the character and appearance of the neighborhood. In � making a request for a reduced setback, the manufacturer or qualified licensed designer shall certify that the tower is designed to collapse upon itself in the event of failure. The SPGA may allow reduced setbacks as necessary to allow for the use of an existing structure. 4) Design Standards a) Visibility/Camouflage Wireless service facilities shall be camouflaged as follows i) Camouflage by Existing Buildings or Structures (1) When a wireless service facility extends above the roof height of a building on which it is mounted, every effort shall be made to conceal the facility within or behindxiste pree nt architectural features to limit its visibility from public ways. Facilities mounted on a roof shall be stepped back from the front facade in order to limit their impact on the building's silhouette. (2) Wireless service facilities which are side-mounted shall blend with the preexistent building's architecture and, if over 5 square feet, shall be shielded with material which is consistent with the design features and materials of the building. ii) Camouflage by Vegetation. If wireless service facilities are not camouflaged from public viewing areas by existing buildings or structures, they shall be surrounded by buffers of dense tree growth and understory vegetation in all directions to create an effective year-round visual buffer. Ground-mounted f 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 i 1 ( ) Wireless service facilities, which are id - mounted on buildings, shall be painted or constructed of materials to match the color of the building material directly behind them. 44 i. I (2) To the extent that any wireless service facilities extend above the height of the vegetation immediately surrounding it, they must be painted in a light gray or light blue hue which blends with sky and clouds iv) Equipment Shelters Equipment shelters for wireless service facilities shall be designed consistent with one of the following design standards: (1) Equipment shelters must be located in underground vaults;or (2) designed consistent with traditional materials,color and design of the area, or (3) camouflaged behind an effective year-round landscape buffer, equal to the height of the proposed building, and /or.wooden fence acceptable to the permitting authority b) Lighting and signage i Wireless service facilities shall be lit only if required by the Federal Aviation Administration (FAA). Lighting of equipment structures and any other facilities on site shall be shielded from abutting properties. There 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. identify the Property and the owner ed to p perty ii Signs shall be limited to those need �y 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 Sign 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. structure to accommodate a wireless service ii) Any alteration made to a historic facility shall be fully reversible. 45 Wireless service facilities within an historic district shall be . concealed within or behind existing architectural features,tures,or shall be located so that they are not visible from public roads and viewing areas within the district iv) The Historic District Commission must review all appropriate facilities. d) Scenic Landscapes and Vistas i) No 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. ii) No hazardous waste shall be discharged on the site of any personal wireless service facility. If any hazardous materials are to be used on site, there shall be provisions for full containment of such materials. An enclosed containment area shall be provided with a sealed floor, designed to contain at least 110% of the volume of the hazardous materials stored or used on site. Applicant must comply with all federal,state and local regulations governing hazardous materials. iii) Storm water run-off as a result of the wireless facility shall be contained on-site ` and comply with the DEP Storm Water Management regulations as applicable. iv) Ground-mounted equipment for wireless service facilities shall not generate acoustic noise in excess of 50 dB at the security barrier. v) Roof-mounted or side-mounted equipment for wireless service facilities shall not generate noise in excess of 50 dB at ground level at the base of the building closest to the antenna. 46 f) Safety Standards i) Radio Frequency Radiation (RFR) Standards. All equipment proposed for a wireless service facility shall be authorized per the FCC Guidelines for Evaluating the Environmental Effects of Radio Frequency Radiation (FCC Guidelines)or any other applicable FCC guidelines and regulations. ii) Structural Integrity. The applicant shall provide certification by a structural engineer that the wireless service facility is-structurally sound for the proposed facility. SJ Application Procedures a) Special Permit Granting Authority (SPGA). The Special Permit Granting Authority(SPGA) for wireless service facilities shall be the Planning Board. b) Pre-Application Conference. Prior to the submission of an application for a Special Permit under this regulation, the applicant is strongly encouraged to meet with the SPGA at a public meeting to discuss the proposed wireless service facility in general terms and to clarify the filing requirements. c) Pre-Application Conference Filing Requirements. The purpose of the conference is to inform the SPGA as to the preliminary nature of the proposed wireless service facility. As such, no formal filings are required for the pre- application conference. However, the applicant is encouraged to prepare sufficient preliminary architectural and/or engineering drawings to inform the SPGA of the location of the proposed facility, as well as its scale and overall design. d) Application Filing Requirements. The following shall be included with an application for a Special 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. 47 (4) Original signatures are required for the applicant and all co-applicants applying for the Special Permit If an agent represents the applicant or co- applicant, an original signature authorizing the agent to represent the applicant and/or co-applicant is required. Photo reproductions of signatures will not be accepted. All other filing requirements in the Zoning Bylaw and the Rules and Regulations as applicable must be complied with. iui) Location Filing Requirements (1) Identify the subject property by including the name of the nearest road or roads, street address, and Assessors Map and Parcel number of subject Property (2) Identify the Zoning District designation for the subject parcel. Submit a copy of Town zoning map with parcel identified. (3) A locus map at a scale of 1"= 1500' showing the subject property and all properties within 300 feet and the location of all buildings, including accessory structures,on all properties shown. (4) A map showing the other preexistent and approved wireless service facilities in North Andover and outside North Andover within one mile of its boundary. (5) GPS all equivalent system locating by latitude and longitude wireless service facilities iii)Siting Filing Requirements. A one-inch-equals-40 feet plan prepared by a Registered Professional Engineer in the Commonwealth of Massachusetts showing the following: (1) Property lines for the subject property- (2) Pro lines of all properties within 300 feet of the proposed location. ( ) PAY P P P Po (3) Tree cover on the subject property and all properties directly abutting the subject property,by dominant species and average height. (4) Outline of all existing buildings, including purpose (e.g. residential buildings, garages, accessory structures, etc.)_on subject property and all properties adjacent to the subject property. 48 (5) Proposed location of antenna, mount and equipment sheiter(s). (6) Proposed security barrier, indicating type and extent as well as point of controlled entry. (7) Location of all roads,public and private, on the subject property and on all adjacent properties within 300 feet including driveways proposed to serve the wireless service facility. (8) Distances, at grade, from the proposed wireless service facility to each building on the vicinity plan. (9) Contours at each 2 feet AMSL for the subject property and adjacent properties within 300 feet. (10) All proposed changes to the preexistent property, .including grading, vegetation removal and temporary or permanent roads and driveways. (11) Representations, dimensioned and to scale, of the proposed mount, antennas, equipment shelters, cable runs, parking areas and any other construction or development attendant to the wireless service facility. (12) Lines representing the sight line showing viewpoint (point from which view is taken) and visible point (point being viewed) from 'Sight Lines" subsection below. (13) Location of all wetlands on the subject property and within 100' of the proposed facility as approved by the Conservation Commission. iv) Sight lines and photographs as described below: (1) Sight line representation. A sight line representation shall be drawn from any public road within 300 feet and the closest facade of each residential building (viewpoint) within 300 feet to the highest point (visible point) of the wireless service facility. Each sight line shall be depicted in profile, drawn at one-inch equals 40 feet scale. The profiles shall show all intervening trees and buildings. In the event there is only one (or more) residential building within 300 feet there shall be at least two sight lines from the closest habitable structures or public roads, if any. (2) Preexistent (before condition) photographs. Each sight line shall be illustrated by one four-inch by six-inch color photograph of what can currently be seen from any public road and any residential building within 300 feet. 49 (3) Proposed (after condition)photographs. Each of the preexistent condition photographs shall have the proposed wireless service facility superimposed on it to show what will be seen from public 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. (d) Preexistent trees and shrubs at current height and proposed trees and shrubs at proposed height at time of installation, with approximate j elevations dimensioned. (e) Grade changes, or cuts and fills,to be shown as original grade and new grade line,with two-foot contours AMSL. v) Design Filing Requirements (1) Equipment brochures for the proposed wireless service facility such as manufacturees specifications or trade journal reprints shall be provided for the antennas,mounts, equipment shelters, cables as well as cable runs, and security barrier, if any. (2) Materials of the proposed wireless service facility specified by generic type and specific treatment(e.g. anodized aluminum stained wood,painted fiberglass, alloys, etc.). These shall be provided for the antennas, mounts, equipment shelters, cables.as well as cable runs, and security barrier, if any. (3) Colors of the proposed wireless service facility represented by a color board showing actual colors proposed. Colors shall be provided for the antenna mounts, equipment shelters, cables as well as cable runs, and security barrier, if any. so (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. ('n During the public hearing process the applicant shall schedule with the Planning Board a balloon or crane test at the proposed site, at the expense of the applicant, to illustrate the height of the proposed facility. 8 e site i required the e applicant ( ) If fighting on th s s q by FAA, thshall 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 tYPa of luminaries proposed. vi7Noise Filing Requirements (1) The applicant shall provide a statement listing the preexistent and maximum future projected measurements of noise from the proposed wireless service facilities, measured in decibels Ldn (common logarithmic scale, accounting for greater sensitivity at night), for the following: (a) Preexistent or ambient: the measures of preexistent noise (b) Preexistent plus proposed wireless service facilities: maximum estimate of noise from the proposed wireless service facility plus the preexistent noise environment. (c) Such statement shall be certified and signed by an acoustical engineer, stating that noise measurements are accurate and meet the requirements of DEP and Section 8.9(4)(e). vii)Radio Frequency Radiation (RFR) Filing Requirements (1) All telecommunications facilities shall be operated only at Federal Communications Commission (FCC) designated frequencies, power levels 51 I including FCC Radio Frequency Emissions standards. Tne and standards, g � Y 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 Radio Frequency Radiation Standards sub-section of this Bylaw. (3) Applicant must submit a copy of the letter from the Massachusetts Department of Public Health approving the site for this facility as required by 105 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 radiation n e and amount incl rads (2) The applicant shall list location, type (including 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. 52 6) Co4ocation a) Licensed carriers shall share wireless service facilities and sites where feasible and appropriate;thereby reducing the number of wireless service facilities that are stand-alone facilities. All applicants for a Special Permit for a wireless service facility shall demonstrate a good faith effort to co-locate with other carriers. Such good faith effort includes: i) A survey of all preexistent structures that may be feasible sites for co-locating wireless service facilities; ii) Contact, with all other licensed carriers for commercial mobile radio services operating in the Commonwealth of Massachusetts; and iii) Sharing information necessary to determine if co.location is feasible under the design configuration most accommodating to co-location. b) An Applicant shall demonstrate to the Planning Board that it has made a good faith effort to co-locate its facility upon an existing facility. The Town may retain a technical expert in the field of RF engineering and/or a structural engineer to verify if co-location at the site is not feasible or is feasible given the design ' configuration most accommodating to co-location. The cost for such a technical expert will be at the expense of the applicant The Town may deny a Special Permit to an applicant who has not demonstrated a good faith effort to provide for co-location, c) If the applicant does intend to co-locate or to permit co-location, the Town shall request drawings and studies that show the final appearance and operation of the wireless service facility at full build-out. d) If the SPGA approves co-location for a wireless service facility site, the Special Permit shall indicate how many facilities of what type shall be permitted on that site. Pursuant to Section 8.9(3)Regulations facilities specified in the Special Permit approval shall require no further zoning approval. However, the addition of any facilities not specified in the approved Special Permit shall require a new Special Permit This allows a carrier to "pre-permit" a site for additional facilities so that they will not have to apply for another Special Permit later. e) In order to determine compliance with all applicable FCC Regulations, estimates of RFR emissions will be required for all facilities, including proposed and future facilities both for the applicant and all co-locators. 7) Modifications a) A modification of a wireless service facility may be considered equivalent to an application for a new wireless service facility and will require a Special Permit when the following events apply: 53 i) The applicant and/or co-applicant want to add any equipment or additional height not specified in the original design filing. ii) The applicant and/or co-applicant want to alter the terms of the Special Permit by changing the wireless service facility in one or more of the following ways: (1) Change in the number of facilities permitted on the site; (2) Change in technology used for the wireless service facility. 8) Monitoring and Maintenance a) After the facility is in operation,the applicant shall submit to the 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 m operation the applicant shall submit to the SPGR; within 90 days of the issuance of the Special Permit, and at annual intervals from the date of issuance of the Special Permit, preexistent and current measurements of acoustic noise from the wireless service facility Such measurements shall be certified and signed by an acoustical engineer, stating that noise measurements are accurate and meet the Noise Standards sub-section 5.13.14.5 of this Bylaw c) The applicant and co-applicant or their successor in interest shall maintain the wireless service facility in good condition. Such maintenance shall include, but shall not be limited to, painting, 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. 54 b) Upon abandonment or discontinuation of use, the carrier shall physically remove the wireless service facility within 90 days from the date of abandonment or discontinuation of use. "Physically remove" shall include,but not be limited to: i) Removal of antennas, mount,.equipment shelters and security barriers from the subject property. ii) Proper disposal of the waste materials from the site in accordance with local and state solid waste disposal regulations. iii) Restoring the location of the wireless service facility to its natural condition, except that any landscaping and grading shall remain the after-condition. c) As a condition of any special permit for the placement, construction or modification of a wireless service facility, a carrier shall place into escrow a sum of money to cover the costs of removing the facility from the subject property. Said amount shall be certified by an engineer, architect or other qualified professional registered to practice in the Commonwealth of Massachusetts. Said funds shall be held by an independent escrow agent to be appointed by the carrier and the SPGR. The carrier shall authorize and, as necessary, shall obtain the authorization of the owner of the property to allow the escrow agent to enter upon the subject property to remove the facility when the facility has been abandoned or discontinued. In the event the posted amount does not cover the cost of demolition and/or removal the Town_may place a lien upon the property covering the difference in cost. d) A facility shall be deemed to be abandoned or discontinued if it has not been used for the purpose for which it was originally constructed for a period of six (6) months or more. Once abandonment or discontinuance has occurred, the carrier shall remove the facility from the subject property within ninety days. In the event that the carrier fails to remove the facility, the town shall give notice to the carrier and the independent escrow agent that the facility shall be removed by the escrow agent forthwith and the escrow agent, after affording written notice seven days in advance to the carrier, shall remove the facility. e) Failure to follow the provisions of this subsection 8.9(9) shall result in a fine of not more than $300 dollars for each offense. Each day that such violation continues shall constitute a separate offense. 10)Reconstruction or Replacement of Existing Towers and Monopoles I 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- 55 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 ; 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. g comp continuing c) Annual certification demonstrating compliance with the standards of ns Commission,the Federal Coinmunicatio n, Federal Aviation Administration and the American National Standards Institute shall be filed with the SPGA by the Special Permit holder. 12)Term of Special Permit. a) A Special Permit issued for any wireless service facility shall be valid for three (3) years. The special permit may be renewed under the same criteria as the original special permit, provided that the application for renewal of the special permit is made prior to the expiration date of the original or any renewed special permit. Additional measures gow:rning the administration of the special permit are found in Section 10.3 of this Zoning Bylaw. Zoning Board of Appeals & Planning Board Board of Selectmen Recommendation: To be made at Town Meeting Planning Board Recommendation: To be made at Town Meeting Article 37. Amend Zoning Bylaw Section 2.65 - Special Permit Granting Authority. To see if the Town will vote to amend the Zoning Bylaw Section 2.65 Special Permit Granting Authority, by adding the following language "Wireless Service Facilities"after the words"Watershed Protection District". Planning Board 56 4 Board of Selectmen Recommendation: To be made at Town Meeting planning Board Recommendation: To be made at Town Meeting ON, Article 38. Amend Zoning Bylaw Section 83 Site Plan Review. To see if the Town will vote to amend the Zoning Bylaw Section 8.3, Site Plan Review by adding the following language: 8.3(2)(a)(iv) The construction of any new wireless service facility on a previously permitted facility as set forth in Section 8.9 (3)(a)(ii) Wireless Service Facilities Use Regulations. eless 8.3(5)(f) If the site plan review application is for the construction tt of any anew Wireless t - ce facility on a previously permitted facility as set forth in Sec ( )( ) it also S'i`n � tion required by Section 8.9(5) must Service Facilities Use Regulations, the mforma Q 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. planning Board Board of Selectmen Recommendation: To be made at Town Meeting Planning Board Recommendation: To be made at Town Meeting f r = wince to ppLAMTIONY- -� f�A cfe3�iSTIMeal en+rce i1�xe7ess S a i�e;�tfie SPlan ^Nvre�a BYla •" a allow �- don.aft- .42M ` thatar be loeatex._ _��.. -, .- �iresubjer���site:plaii review:.��= -�• -z �- - Lpright however they Article 39. Amend Town Code - Chapter 178-Wetlands Bylaw y To see if the Town will vote to amend the Town Code,Chapter 178 Wetlandsy it in its entirety with the following text: 118.1 PURPOSE The purpose of this Bylaw is to preserve and protect the wetland resource of, (as specified in Section 178.2) of the Town of North Andover by reg and control of, activities (as specified in Section 178.2) deemed by the North Andover Conservation Commission (the Commission") to have significant or d values, cumulatively detrimental effect upon the followingtomests anand including: public or private water supply; groundwater-, prevention 57 10/24/00 TUE 12:31 FAX 508 872 9017 BowDITCH & DEWEY 1@044 002 EXHIBIT "K" Town of North Andover. �,';°Mr - COly MUtYXrY DEVE.LOPMEM AND SERVICES. 30 Sd=1 sunt •,�,' • 1�,tass humft a 1345 t a Noah Aadavcr, _ LAM I.s=DTT a �.a4ws Duaclor NOTICE Of:-DECISION Any appeal shall be filled -4 within (20) days after the � rg: date of filling this Notice M in the omca of the Town Clerk. Oate april ��.�.rj' Date of Hearing D�rclz+l6, 1999. Apxi1 6, 1999 etp-ril 20, 1999 Petition of as a s 9iiaC4�7es6 ti Premises affectsaccrao4s.$3:11 Bead Referring to the above petition for a special Permit froom fbO requirements of the North Andover Z*Uj law 5_055t00 .8.19 z to install aaad. cgerate. an a parcel of privately owned laved at 5 nostvn so as to allow Ll Road wizaless 4;esamuni catimw .facili ties cuss ting of ori aateasa arxays eartsia radio e7.eetre 1. talepAone equipment After a public hearing given an the above date, the Planning Board voted to A"BOyE the Special Permit basied upon the following cx3nditiens: CC: Director of Public Warms "chard S, ower Chmirman Building inspectorart Natural Resourcell-and Use Planner Alis Health Sanitarian Assessors John Sln+ons. C1er1e police Chief Fre Chief Richard Nirdella Applicant Jonach V. MahOAaY -- Engineer Towns Outside Consultant planning Board File interested Parties iAr-r_ u - r+..avnnC-rmnc�w-�3s. CD;IS"VATION-073)6"930 FI�LLTr!-(TMI. *U1U1LMVG0FVtCS•('1-S)on-9546 "z0..4[Nc iIO.�AA t][� ►LlE..11:T-(��ida•JLV1 'tji aL�l: 'ZIi3:£7 - 10/24/00 TUE 12:51 FAI 508 872 91017 BOWDITCH & DEWEY 2045 AT & T Wireless Services=-5 Bastoa H111 Road 1 Special Permit The PlanningBoard leiO approves the Specialrm Peit to install cad operate, on a parcel at 5 Boston HM Road wlrcicss communis EwIlitim of privately awned land to be mountcd w e_cistin ff=1 lattice towmr) wd cartain consisting of=am gut any t to be installed on second floor Of C!dsting radio elc ruonic and telephone equipmen ( building lattice'� base of the lattice tower) in the VUIW Rosidmdal Zoning Dist t.This Speaiai Permit was regUeSted by AT &T Wireless PC5.400$1uc MDrier, Suite 100, Westwood-MA 02090-2162. Thu cppacation and addkioml documeutatlott as cited herein Ws filed with trio planning Board on February 16. 1999 w�subsequent sidmiLtab oa Me. the plamMLZ makes akes the f0gowing 6odings 3Srequired by the North Atldovnr zoning Bylaw Section 8.9: FU4DiNGS OF FAC 4. 1. The 3pecdic site is an appropriate location fior the project as it is beiag colfacatcd an an c..dstiu:-! wireless location. 2. The use as developed mill not adversely acct 0= tmighborhood as indicated by the analysis conducted by*AT&T dad Docmld Lues. 3. The=rticr has dcmomtrated that the 6cdity is neO"SO'y m Order to provide'adequac satvi=to the public. 4. The phm meets the rquirem�cs of the Wireless S.."ice Facilities by-htw section S_9. 5. Adequate aud apprwriate fdcaties will be Provided for tha proper operation of the proposed use. nxm the Planning Board finds that this project gill!`complies with the Town of as ltsttd is gcciion 89 but requires coaditiOns Noah A,adover%oamg Bylaw n'quirea>� Board herd wants�apQcovsll to the is order to be fully in compli=r- Tbo Plug app6=1 provided the fbilowing conditions are met: SPECIAL COND[TTONS: 1: I)iwantinuance Abandonment lam to aband�oa or d' atiaue Op:.'rarioo of'a a) At such timet thaz a fic�ed MaierP w�• notify L11C To ccttifned U5 mw1 of w'ircless s,�vicC fheality, such carrion � �, Swett r:Otice _ the proposed dare of abandOrtnlent or disco ab��:°t Or discontinuation of small be peen nn kss thms 30 days prior 4 Aaswn 1181 Rum 10/24/00 TIIE 12:32 FAZ 508 872 9017 BOWDITCB & DE'NEY Q046 0 ons.In the event that a hCeUSed tam010 w er W5 to elt ttotice-,tebe wircicss s faefty dmIl be considered ab wdouad upon discantintiation o�cperatiotes. b) (;pun abandomrcm or discontinuation of-ase, the carrier shall physically mmove . the wireless service &=-&y within 90 days rr= the dote of alxaz&MW'ttt or discontinaatinn of usr— "Pbysicalty reu CV`eP shad Income, but not be limited to: i) Removal o f anW auas, =uot„equipmcnE shelwm and security barriers from rhe subjcct prOPcrty. n7 Proper dispoaal of the waste msters3is front the site in accrdanee with local and state solid waste disposal regular ns' iitl Restoring the location of the wireless SCMce facility to its natural condition. except that airy kmdscVing and brio shall rennin the after-cottdidun. c) As a condition of any special pew for the ,placernent� consnverica 'or modi5ation ox a wi>tei(s3 service f0cility, a c=icr shat!piece into escrow_a sum of money to ever the costs of removing the ftuiiity from theua1'ifd otutl amount, shall he certified by an - architect ur other q p registered to practice in the Cuumwawcalth OfMa=mfhii=aBL Said &ads shall be held by an indeperident escrow ngau to be appointed by the carrier and the SPGR. The carries 4a11 authorize nod- as nay- shall. obtain the mnhor.b:L oa of the escrow owmar of tho property to allow the row agent to enter upon the subject propcity Eo remove the fmc Hty when the facMty has bees abandoned or discontinued. In the event the posh am unt does not cover the cost of dcrnolitmn and/or removal the Taw-n any place a lien upon the property covering the difference in cost. d) A f=aity sbali be deemed to be abandooed or discontinued if it has trot been used Ar the purpose for which it vrs odgiinlly comartcted for a period of-six (6) months or snore. (his abandoeament or diondnIS809= teas ecru the drier shall remove the facility from the subject ptvpcaty within days. In the event that the t:strrier fails to rcmove the fimiHaY. the tows shall give notice to the carrier and the iade:petuieai escrow agent that the facility shall be raaoved by The ==mw agent forthwith and the escrow agent. after affording Written Aot=c scy"days in advance to the c ma-i= shall remove the f dliity. Z) performance Guaranteed a) Insurance in a rc=nable amount detcrrni=d and approved by the WGA adr-r consultation at the expense of the applicant withooe(1) or more Wzumnee companies shall be is force w vmvcr damage from the sumetme., doge &am omissions and odrr site liabilities. Annual proof of said insurance must be riled with the: SPGR. b) Fund suiFieient in the opinion of the SPGA to cover annual mom=of the facility, shall be Pkeecl into escrow and sbaa be held by the indePendent of'the:w aowho sh eut wall bar authocizcd to c cp=d the funds for the m� - r AT A T w iretea$evxicz-5 tan"Mill Kann Z 10/24/00 TILE 12:02 FAX 508 872 9017 BOWDITCH & DMMY Q047 fycs7iTy on terms•to be agte�d upon by the carrier and !hc SPGA as a�-ntiditioa of approve of the sperm pe=L c)' Annual co ific.-adoa d=1090=616lnti�- �;ort>Qliaace with the' of the tions Con7rtlLWiOvL Federal Avjttion Ad�L1112aoa and the Fedcr�i Corrurnuti� Anrse:ri=n N0160nal Srand:vds Instidttte shall be filed with the SMA by the Special Permit hoiden, 3) Term of SQecial PCr=it- a) A.Special Permit issued for�y wireless service faL-3iitY shall be vnlid for th (3) )-cam The.specW pr- way be renewed turtles the same the oc rasl special Permit• provided that:the appiic'at w for rtaa•a► specsnl permit is made prior to the C.�iration date of the original or any makwed e foundlit am Additional W=wuts gover:i 9 the adrnuvst=tion ofthe sp pe in Section 10.3 of the Zoning Bylaw in the �PGc:attt sW mba&to the.SPGA,w�90 b) After the lhcilitY is . °�uO from the date of issubne-e or days of be►nnb*operation and at anrulai i-uervals p and current msasuremCntg_ Such dbc SpccW Psi. RkR mcasuterneslts sinal! be signed anby an RF enginecr. stating that RER ace comp fiance or ik Y ttir measuremcrus fa�7 to rueasuzealCnts see accurate M !specified in Szctiora 3.9(4)(c)(1)comply with all applicable FCC GuideWors as spcc RFR F'tlittg Rcqukvxmtus of this Bylaw. The measvremetus shall submitted tier both the applicant and all co-locatam tion dic sppl'ucanc shall submit to the wireless service facr�ity is in opera e) Atter the aFthe S cal•Pcrntit,.and a;wmusl kw=vals $I'G:L within 90 days of the issue% P� teAt and current from the dalc of issues of the Sped ��Permit, pSuch wireless setvi= acuity measnreaxnts of acoelstie wise from the ori acausdal cr>,-itteer. stag that •sur shall be certified and sigsxd•by giwa sub- don noise me cemeNs rote siThe ate and z X11�� m a' consuitin6 6.13.14.5 of this Bylaw. Thee apQlictrnc ak £or review. The app�t engineer, seluctsd by the Town, the above tnateri shall pay far such Mvie w. shsil min � d) appiu"=and cn-applicant or thou suet Such in strait include.but wireless service mit is good Ca L.sem of the mom and SCCWkY sbali not be lnmited to. Poing. bt;rne r attd mainjeT=c of the bufleer'and•>ar dscap - �. Prior to flea endorsement of the pucks by the Planning Hoard,the nppi•rs Qe mast Cam ply with the ro&ming conditions: a) The app lienar shall provide a=P bxW=ttng the iaten&d loczdans fur msong as requked abovie. AT&TWirck=SZCviC=-'9 t3 Hitt tins 10/24/00 TUE 12:32 FAX 508 872 9017 BOWDITCE & DEW-EY X043 b) A bond is the amount of S5.4'00 shy be postcd,for the PUIPose a surinb t ut a neral as-built plan showing the location of an uu site structuim ne bond is also in piece to ii isurc chat rho sit=is consuuctcd is accordance with tbe. appruved pian. This baud shall be in the form of a cart made out to the Town ofNotth,,lndover. This check wtll.tiies:be deposited into an inter 'r b=ring eseraw account. S. Prior to the start of codumetion: a) A coestracti0a scltcduk $hall be submitted to the pk=ing staff for U-- purpose of tradlaau the canstrttction and i0formb7z the public of unad4stad actWides on the site. ii C) The voicant shall deEermMe the P[=6stiM COnd2t aw O f the noise icvcls emmuid g from the siteare to deterni= the b8sanc noisc ccndidans of the ovidc e,►idcace of tlye origin of s-urroundi V site area The anise survey will.pc noise and thcrefora a b&icline condition from which the applicant determim h�:ir iacteas�- The noise levels shall not;^��the broadband level by marc r ch.'n I O d$ {al above the ambient levels or produce a''pate tone„condition as set forth in L)AQC Policy 90-001,the guideline for 310 CL M 7.10•The applic=%UM use miavant proOmmdonai sound emitting data from the prior building use to build a baseline bascd on prior use of the budding nerd grounds References to sources fur data must be imiudrd im the owerial. d) The��at shall pmvidde the necessary escrow accoutus and insurance as required in the above sesrtions. 3. Prior to FORM U verification (Budding Peimlt Issuance): a) The firMl site Pian mYlM mist be endorsed and three(3) copies of the signed plans must be delivered to the P%nn'ng De'PaVMn= • b) A Cgrdfied torr+of the recorded decision must be submitted to the PW=dng 4. Prior to verification of the Certificate of Use and OeCvPAMC-Y.- The applicant nmqt mbrait a letter from the architect or end of cite project ing that Use aom-avc !�� tion and o arts substaatially comply with tie P� rem at the cad of this dccisinn as endorsed br the pkUmio;Sonrd_ b) All bating swell have underground wiring and shall.be so �5ed that dl direct rays from such liighlux moils eat�h wihin do;iito and shall be shielded.or recessed so as out to shine upon abutting proPerires oK streets. The Planning Oil must aPProve my cban5vs to the approved li-ahtins plan as submitted by the aPP&-Jn . 1T&T W imirSS S-9 vtca�3'eartun 1 lilt Mtm3 4 10/24/00 TUE 12:33 FAI 508 872 9017 BOWDITCH & DEWEY R 049 �r final as-built:plan showing S. Priur to the final release of aceurity: s hardware shall be subnnitted�d construction=d location of the wrce reviewed by the Pln=inng'Sts$ 6. Any stockpiUng of materials(dirt,wood, construction c Mtersal, ctc.) must be showshownoa'a plan arui roviemid d approved by the Pin ing Stnfl= Any approved Piles muse remain covered at all titres to minitai= any dust,problems that maty cccur„,�adjacent Properties, Any stock piks to re.�in for lon- than one week aacst be Seated off and covered. 7_ !II tm-$ort to ieducc noise levels,the applicant, arll keep is eptitaum v�orinang order, through regulur umitrncnaacr. any and A equipment tbat shall Comate sounds from the strucnnrts or site. g, No equipment or ocher equipment that wtal emanate noise-e t:cedinu leveis cited Ferrein shah be placed on the exterior of the structure. Such equipment shat! be enclosed as shown on the plans. 9. All site li&ing.A"provide security far the site and SLructutrs iinwever a mtnht not create arty glare or project anY light onto adjacent residen[ial properties. ti. The cantraetor shall contact Dig Safe at least 7:.hours prior to commencing any excavation. d'�tio,W approval shall apply to and b� binding upon the 13. The provisions of this coa app�t- its mnploYccs and aft succe�� and assigns is interest or control. 14- Any action by a Town Board. Crocnnoission.or Department that requires changes in the plan or derma of the building as presented to d=Planning Board, may be subject to modification by the Planning Bezrd. 15, Uy revisions shall be submhred to the Town Plan=r for inview if thest: revisions are decnwi substantial,the aPPHC=must submit reV»d plans to the Pleading Board for approval. 16. This Special Pernuit approval sttwll be deemed to bave lapsed after two years from the dataa p=n*granted unless substantial use or construction has comumeaccd_ Subsiznatia! we or caesr.r�ctiona will be detesnvined by a majority Vote of tfie Planning Board. the 17. No funtzr sC=%ur'es•simA be cottstr= h on the -round lruen on which the devices the base a tower within an area equal to cwicc the he of rhe cower arc to be kwalled. T a:T W ieet=prices-5 t'lweon HUI R*uA 5 10/24/00 T_UE 12:33 FA% 808 872 901 i BOWDITL'E & DEWEY ]08<) 18. The£olloWing ia6orraatiou shall be deemed pert of the &-etwa: Pisa tided° AT&T Wireless Services Basion HM North Andover,MA 01343 E 424.2 PreVued for. AT&T•Wir kw Scrvieca 400 Blue Hill Road,Suite 100 Westwood,MA 03090-2160 prepared by: GreeaMn-P n. Enc. Cnrimlting Engb ueets 33 Boston Post Road, Marlborodab. MA 01752 Dated; Fcbmary 12. 1999 Shots: 1 through 14 b) Report: Apptical a to PtannIn-w Board Town oCNorth Andovcr by AT&T VarJess 3ervi=February 16. 1999 Prepared for: AT&T)V= PCS 400 Blue HMDrive Stuta 100 Westwood MA 02090-2161 Co-Apprcwt Benjamin FUMUM LLC 397 F=um 5tree:North Andawr Prepared by: Thom=G. Schnorr Attorncy for AT&T Wireless Services PUhn" &bodge One Beau Str=t Bolon Mass. 02108 cc. Director of Public Wanks BtgWing Inspector Health Administraoor Asscssors Conservation Administrator Plnnni c.Board Ponce Chief Fire Chief Applicant Eugtaees' File A r&T W11ci-0 Seriics—5 Basra.Nit'R=d 6 EXHIBIT "L" TONVN OF NORTH ANDOVER BUILDING DEPARTMENT T� APPLICATION TO CONSTRUCT REPAIR,RENOVATE,CHANGE THE USE OR OCCUPANCY OC OR DEMOLISH ANY BUILDING OTHER THAN A ONE OR TWO FAMILY DWELLING. /s+ = m Section for Official U3e oni BUILDING PERNUT NUMBER: PDATE ISSUED: —4 Z O SIGNATURE: Buil ' Commissioner r of Bud " Date - m 1.1 Aapetty Address: 1.2 Asseseocs Map and Patoe{Number. BOSTON STS 107 C 11 North- Andover, MA 01845- Map N"mber 13 Zoeufglnformatioa: 1.4 PropatyDium�sians: Q VR Existing Cell Tower 9 .49 g 1350.1 > Zmin District Use Lot Area $ 1'd1 1.6 BUILDING SETBAC10(!t) Front Yard Side Yazd Rear Yazd Required Provide ReMired Provided R=pired Provided 25 2 15 15+ 1.7 Wafers U. Mood Zow 1.8 Scaiaage Di%Md syaeeac (1( Public ❑�Privam coo. 34 7� oatride Flood zone X2 M-icipat Oa Sito Deal sysfm� ❑ 2.1 Owner of Record O Name t Address for .:vice: rn Signawre Telephone 2.2 Authorized Agent Name Print Address for Service: aZ O Signature Telephone - m 3.1 Licensed Construction Supervisor Not Applicable ;V Installation will be performed by owner Address License Number O Licensed Construction Supervisor: Eap mdou Date r Signet rc Telephone •� 3.2 Registered Home lmpmvement Contractor Not Applicable M v Installation will be performed by owner Company Name_ Registration Number (� r Address Expiration Date Z Signowe Telephone - Z�� . ? Workers Compensation lnsar-ance affidavit must be completed.and si bmitted with this application. Failure to provide this atbda;rit wid!result in 4he denial of?Ile f issuance of the building perinit. Si ned affidavit Attached `tea.......0 No_......El SE '4�Pr - �1 l s C. MUM -g 1 1<# S -: 0 X cut CONSMUCM 5-1 Registered Architect: Name: Address Signature s Telephone — Daigle Engineering_ Area of Responsibility Name: �� t ue r Place, Methuen, MA 0184A Registration Number Address: ! I Ex-pitation Date f 1 Signature Total Not applicable 0 Name: — Registration Number Address Signature Telephone Expiration.Date Name . i area of Responsibility Address — Registration Number Signature Telephone Expiration Date Name Area of Responsibility Address Registration Number Signature Telephone Expiration Date Company Name: Not Applicable 0 Responsible in Charge of Construction � i�l�+Y6 j,�:as1W13543/a.'SS$•�•i� s�.,. Y'?�? � ��:���sit�3"�.1 4ie:v Construction ❑ i Existing BL'iiding X1, R pain s) j Altera:ions(s) ,,.uditicn Acc_-�3sorr.B WR. 0 Dtrnciition ❑ 1L ec ! . '._ it Other ,�.. :fy see description Brief Descriptun of Proposed York: I Add Two Microwave Antennas f i I i i USE GROUP(Check asapplicable) CONSTRUCTION TYPE A.Asscmbly i7 A-I ❑ A-2 ❑ A-3 ❑ - --- IA ❑ A-4 ❑ A-5 ❑ ! 1B B Business ❑ 2A i ❑ C Educational ❑ 2B f i7 I F Factory ❑ F-1 ❑ 117-2 ❑ 2C ❑ H High hazard ❑ 3A f; llnstitutional ❑ 1-1 ❑ I-2 ❑ I-3 ❑ . 3B ❑ i M Mercantile i7 4 ❑ R residential ❑ R-1 ^u R-2 ❑ R-3 ❑ 5A ❑ S Storage ❑ S-1 ❑ S-2 ❑ 5B 0 1 Uutility �5 Specify= 726 ('MR 112-1 accessory Character not rlacsifiPd in any Specific US2 M.Mixed Use 1.1 Specify: group S Special Use U Specify: C!JMt'I...R,'I'E THIS SECTION IF EXISTING WELDING UNDERGOING RENOVA'T'IONS,AMMONS AND OR CHANGE IN USE Existing Use Group: 11ti 1 i is y Proposed Use Group:- utility Existing Hazard index 780 CA dR 34: N/A Proposed Hazard Index 780 CMR 34: d/A 00 BUILDING AREA — EXISTING(if licable) PROPOSED Number of Floors or Stories Include Basement levels 7 _ Floor Area Der Floor "st) Total Area st -Independent Structural Eng;ineering Structural Peer Review Required yes ❑ No ❑ SECTION Itla Owner AmOorizatioe- TO DE COMPLETED WS N OWNERS AGENT OR CONTRACTOR APPLIES FOR BUI[LDjNG pERlhi r T, Benjamin Farnum as Owner of the subject property i l Hereby authorize my s e 1 f to act on My behaZl:, in all matters telative two work authored by this building parant applic=on t Sig obv a of C+waer Date f *.N•^'-Y�n�X'At-C+v-.^rs. nrxreKacc..�'tsr,'�-•sr.'s•a-... tlA c7 4,��p"'-" t .c '*"v` ".'�+ .,�,a , ��•<,P.�Sm-.��=�c:'..•."w,s�,.v_- ^.>.,-.�..SaG:a^^-,,,sda:.�=`.a ......;:�v.>:wzc�iw.—..�.a�w�.,.a:�:ca's,...�,.k:.:.-_,;?.,.., 4♦ i r /.I 1 .f/l:i/ 1 ! 1 • 11 !!t •f f." 1 w`•III .t•'!4 elite 1 I 1 1• /. • 1 a".7 • It A WWII, :11.. - `r'� " 3 x a gni y k MIMIM A 119M .If : /11 •:r 11 :.1 .✓. . 1111. �. . .� . _- ♦1 1 M1 111 1 1'11 ' III/ 1- . , :11 .{ 1• •Gell rM:+•y `��." ,;,_.'b'"; ,� y ��� k 5j^'e •r. .N �.'�, �5 "G 'nh''�"'�t�" �`;, ,�ti F >,sr, a.�^";� ��t x,..yt Sa-�a, NO.OF •• t Existing Structure Y YA • •1111 1 t'DI' z. DEM E • OF { •! 1q • • t' •DI• IS t • • I• • s !t t � rA • •• t a' • t 1 i 13UHJ)WG ON • It •' FRLM LAND 'Lill PC RICIPLOINIx• • t i�,r _.1�+-"n?_.n�r1��""'���.: _.moi._.:gam---.. vw�'�_,.�Z�hlr r�..,..�.�`G'.v_.a-.:;.1�`, y".L�';._.:-:�__ st?•,3"�F..��:>a.c.�::.r._�..s-�. 5�.,.<,� E �V7oc�L , X x { MKT.P�►(?�cQG C 1r ? I ' I �r-�-i AvJiN�S Q r VIA. ti(' I9 Pt: 1 - ,��-rt��_ � Otx�nv ar, T, 2 M1c��"Aa✓C ptiSH MST Fol: " '`�- OA 05/0?./01 4tLL O=-5lcN=-oB(, P—'MSION DATE l: V? PULSELUGY/1V BY, RNISION OAT ={ 2, � ic Dalgie Englnear5, Inc. . .`.: r�' OM X5 NO,, 5Y—M.14 NO. . a I East River plata Mathvan, MA 01844-3818 GLl�vT NO., 478 b82 1748 SYMMt►seMONaE: yryiyr,ciaiglopex om 478 682 6421 (rax) stcN,+,n>z 5 -161 �- 711 EXHIBIT "M" MURTHA CUL LINA 600 LIMCORN RAM DWM RochE CARENS & DE GIA c omo wosJRv.M&SAOMSEM 01801-3343 A L I M I T E D L I A B I L I T Y PARTIVERS HIP TM-EP:ONE(781)933-5505 FAC5DAir E (781)933-1530 wwwrimnhalm,cma August 15, 2001 CERTIFIED MAIL RETURN RECEIPT REQUESTED ARTICLE NO.7099 3400 0010 6918 3871 D. Robert Nicetta Building Inspector Municipal Building 120 N.Main Street No. Andover, Massachusetts 01845 RE: Building,Permit,Boston Street, 107C Parcel I I Dear Mr_ Nicetta: Please be advised that as of this date the Town of North Ando er is not in compliance with the provisions of 780 CMR 111.1 with respect to the ve mentioned application. Kindly respond as soon as possible. truly yo FAD/mjz Enclosures cc: State Building Cade Appeals Board B 0 5 7 0 N H A R T F O R D NEW H A V E N W O B U R N IN 'WA P EXHIBIT "N" ARMO PAUL CELLUM cbaia= GO V CMAl G�it�4� 02708 THOMAS L itOGM JAIME SWWrAdmtasstrator Lieutenant. Gq�etnor' TEI,; (617)727-7532 FAX (617) 227-1754 JA N4LPE9j.1 Sei<ttrdry BITILDING CODE APPEALS.B ' STATE USE ONLY' STATE APPEAL APPLICATION FORM :Fee - =v Fee Received: - Check-No.. -' Received By. DATE: ,gei t 2001 DOCKETNUMBM- (Scatc Use only) o gulado and Standards from the decision of the: The undersignedhereby app-mis to the State Board of Building Rem Building Official from the City/TownOf- Robert Nicetta, Building Inspector. Tows of �Tor_th�n �T T Board of APpeais from the City/Town of: N/A Other MunicipalA'ency/Offic:alenritied: State Agency/Officialentitied: N/A OTHER: N/A Dated:Aug. 15, 20. having bee.ag_qievedby such(check as appropriate, Interpretation 0 Order o ^ _ Requirement C Direction. O Failureto Act 6X Other O Explain Sea Attac e All ar)rcm atecode sections must be identified. All w,riiien supportingdoc:amentatsanaaaisst be submitted with this aQpiicatioa-However, the Board reserves the right to continue the proceeding if sada material warrants extensive , review. State�dCS3�relief Andover Buildin De artment to take action and either a .rove or lZc1 .. o u're the North th An deny the Building,. Permit A lication. APPELLANT: Ben'amin Farnum ADDRESS FORS 397 Farnum Street, North Andover MA .01845 TeiephoneNo. (978)• 682-3817. ADDRESS OF SUBJECTPROP£RTY: Map 107C, Parcel 11, Boston Street- North Andover APPELLANTS UBJECTPROPERTY- OWNER r-^ ' Benjamin Farnum . _ .••rncea�car�T.\T7\rF DESCRIPTION OF BUILDING OR STRUCTURE RELATIVE TO THE MASSACHUSETTS � STATE BUILDING CODE (780 CMR 6th EDITION): (Checkasappropriate) - Check Here if Building is a One or Two Family Dwelling Proceed to section entitled "Brief Descr clan of tate Proposed Work' - Do not complete the tables below. DESMUMON OF PROPOSED WORD(check ail applicable) New Construction Existing Buzkftg- Repair(s) Afteradon(s) Addition Ac==My Bldg. Demolition other spm Brief Desadptioa of Proposed Wodc Placement of 2 Antennae on-Tower USE GROUP AND CQ1 STRUCnON TYPE USE GROUP(Chwk as appileabie) CONSTRUCTION TYPE A Assembly A-1 A-2 A-3 1A A-4 A-5 1B B Business 2A E Educational 2B F Facwry F-1 F-2 2C gHimb Ha=d 3A I Insdutdonal I-1 1-2 1-3 3B M MeiwaWe 4 R Rc6dcntW R-1 R-2 R-3 5A S Storrge S-1 S-2 SB U Utility Spedf}r_ 780 CMR 312 1 accaccnrT r,h-qranl-Pr nntrlaSSifiP- Nrn�dusc in any specific use group S special use specify: - • 1."—ZOMPLFIE TM SECTION IF E GST]NG BUUMING UNDERGOING RENOVATIONS.ADDITIONS AND/OR CHANGE IN USE Existing Use Gcoap: Ptoposed Use Group: Existing Hazard Index(780 QMR 34): Proposed Hazard Indo(780 CMR 34): BUI DING BWGST AND AREA BUMDING AREA Existing(N applicable) Proposed Number of Floors or stories include basement levels Floor Area per Floor(s4 1296 Total Area(zQ M72. Total Height(R) 85 Brief Descrintion of the Proposed Work: Placement of (2) Antennae on Tower. Attachment A On or about June 29, 2001, a Building Permit Application was filed with the North Andover Building Inspector concerning land identified on North Andover Assessor's Map 107C as Parcel 11. (See Exhibit A). On or about August 15, 2001, the North Andover Building Department was informed of its non-compliance under the provisions of 780 CMR 312.1. (See Exhibit B). Additional information concerning zoning was requested but as of this date, no further action has been taken by the Town of North Andover: No approval and no denial. LEC ":--2001 04 : 10 AM !Iv EXHIBIT "per dii A 111P 14 l®MIA1t0 7'8Vr'S[1M1 mw rmu4v �� O.�'08 no " 8�erenry 7HOM SLAWNS TEL(617)727-7532 PAX: (617)227-1754 Administrator STATE BUILDING CODE APPEALS BOAR]) Date; December 20,2001 Name of Appellant: 4 Service Address: Mr.Benjamin Farnum .. 397-FAtnum Street N Andover,MA 01845 Docket,Number. 01-153 Map 107C Property,:Address: Parvel 11,Boston Street N.Andover,MA 01845 Date of Hearbtg: December 18,2001 We are pleased to enclose a copy of the decision relative to the above case wherein certain variances from the Static Building Code had been requested. Sinoacely: STATE 13UELDING CODE APPEALS BOARD Jefficy Puh=4 C1e& cc: State Building Code Appeals Board ' :. HuElding•Oi�iciai .. This correspondence has been issued from the Board of Building Regulations and Standards Taunton district office located at 1380 Bay Street, CERC Bldg,.Taunton, MA 02780 DEC=20-2001 04 : 11 AM Q` 03 STATE BUILDING CODE APFEAI.B•BOAM DodWt Numb: 01-153 Dates December 20,2001 All hearings are audio-recorded and•the audio tape (which is on file at the office of the Board of Building Regulations and Standards) serves as the official record of the hearing. Copies of the audio tape are available from the Board for a fee of$5.00 per copy. Please make requests for copies in writing and attach a check made payable to the Commonwealth of Massachusetts for the appropriate fee. Requit its may be addressed to: i. Patricia A.Brennan,Program Manager State Building Code Appeals Board BBRS/Department of Public Safety P. 0.Box 871 Taunton,MA 02780 Summary of bodag, All padres were duty sworn prior to offering testimony. Attendees: Benjamin O.Franum, Appellant Benjamin S.Franum, Appellant's Represattative(Son) Francis A Wmm, Appellant's Representative Robert Nicetta, Municipal Building Official-Town of N.Andover Baekrmwd: In Ids'letter,dated August 15,2001,Francis DiLuna,attorney for the appellant, served a letter to'Mr.D.Robert Nicetta,Building Official,Town of N.Andover,in reference to the following Section_.+of 780 CMR, Sixth Edition(the State Building Code), 111.1 forr property located at Parcel 11, Boston.Sftwt,N.Andocer. A copy of said letter is made part of this decision. Relief Requested: The Appellant requested relief in the form of an order to mandate the building official to take action on a building permit application for Parcel 11,Boston Street,N.Andover. Appepant: The appellant's representative testified that there is a proposal to construct an antenna for which a building permit was applied for on June 22,2001,and the local Building official has not taken any action on the permit. The appellant's repemrtative testified that they have tried to solve the siuration with different letters and correspondences to the building official,but have not prevailed P. d4 DEC-28-2001 04 : 11 AM S • STATE BUILDING CODE Al BARD 1. Dockat Number:01-153 Date:December 20,2001 Munidpal Building OfficW: The building official was present at the hearing and was in opposition to the requested relief. The building official testified that he made a mistake of not writing a denial letter based on zoning issues, and will issue one immediately. The building official thought a letter from the Town stating that the con tons of the special permit were not achieved was proper notice. Deelaion: Folio testimony,and based upon relevant information provided,Board members voted as �8 ' indicated below. p ........Granted ❑..........Denied 0..........Rendered Interpretation XXXX-...Granted with conditions(see below) 0 .......Other(List action) Thcwoto was: x=X .............unanimous ❑ .......... Majority Dist atW eonditious,provisos,comments or interpretive actions,if acty: The Board ordered the Building Official to take action forth with in Section 111.1 of the state building code,and issue a letter of denial based on the appellant not complying with the zoning issues. The following members voted in the above manner C7udrman-Maurice Ailette Alexander MacLeod 04015 *65byle DE6=28-2001 04 : 12 AM P• 05 STATE B1f7II�DIliTGC . SE APP'F,.A U BOARD DWCO Number:01-153 Date:December 20,2001 A complete eve record is on file at the oflicc of the Board of Building Regulations and Sranda ds. A We Dopy attest,dated: Jeffrey Putnam,Clerk Any person aggrieved by a decision of the State Building Code Appeals Board may appeal to a court of competent jurisdiction in accordance with Chapter 30A, Section 14 of the Massachusetts General Laws. JAN-07-2002 1 0 ;sE PM. M......... .... .. <' , EXHIBIT "P" Town of North Andover Office of the Building Department � - Commum Development and Services Division l • 27 Charles Street ' North Andover,Massachusetts 01845 D. Robert Mcetia Telephone(978)688-9545 Building Commissions Fax(978)688.9542 January 20 2002 Afta wanzin Pam= 397 F==Street North Andover,MA 01945 RE: Building Permit State Building Code Appeals Board M-107C,P--711 Docket Number: 01-133 Boston Street Date: December 20, 2001 North Andover,MA Dear Mr. Fanwm: The purpose of this correspondence is to deny your application Sor a Bm7ding Pftm*to add and erect"vo(2)Morowave Antennas at the referred location pursuant to 780 aMt, the'State Building Code—Sixth Edition, s.i 11.land x.111.2. The denial is basad on the applioaut not complying with ming issues, appearing in the SPLCLAL CON MONS, as noted in the Planning Board Special Permit dated April 21, 1999, specifically, Items 1o,2a,2b,4b,5a,5c,5d,3a, Correspondence from Heidi Griffin to Atty. Francis DIGma,oidng the items is enclosed for your review. clanking you for yrnrr cooperation in this matter,I remain, yoara tardy, D.Abbest Moods Building Comwieeionea CC: Thomas Urbeiis, Town Counsel Heidi GrMn,Director CD&S Enclowe CERTIFIED MAIL NO. 7000 0320 00215970 9689 BOARD OFAPPEALS CRE-9341 8111I.AiNG 688-9-145 •CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535 EXHIBIT "Q" TOWN OF NORTH ANDOVER FINDING $ a ZONING BOARD OF APPEALS Procedure & Requirements For an Application for a Finding Ten (10) copies of the following information must STEP 6: SCHEDULING OF HEARING AND be submitted thirty 30 days prior to the first public PREPARATION OF LEGAL NOTICE: hearing. Failure to submit the required information The Office.of the Zoning Board of Appeals schedules within the time periods prescribed may result in a the applicant for a hearing date and prepares the legal notice for mailing to the parties in interest P abutters. and dismissal by the Zoning Board of an application as for publication in the newspaper. The petitioner is ) incomplete. notified that the legal notice has been prepared and the The information herein is an abstract of more specific cost of the Party in Interest fee. requirements listed in the Zoning Board Rules and Regulations and is not meant to supersede them. Items that STEP 7• DELIVERY OF LEGAL NOTICE TO are underlined will be completed by the Town. NEWSPAPER/PARTY IN INTEREST FEE: The petitioner picks up the legal notice from.the Office STEP 1:ADMINISTRATOR PERMIT DENIAL: of the Zoning Board of Appeals and delivers the legal The petitioner applies for a Building Permit and receives notice to the local newspaper for publication. a Permit Denial form completed by the Building Commissioner. STEP 8: PUBLIC HEARING BEFORE THE ZONING BOARD OF APPEALS:- STEP 2: FINDING APPLICATION FORM: The petitioner should appear in his/her behalf,,or be Petitioner completes an application form to petition the represented by an agent or attorney. In the absence of Board of Appeals for a FINDING.All information as any appearance without due cause on behalf of the required in items 1 through and including 11 shall be petitioner,the Board shall decide on the matter by using completed. the information it has otherwise received.. Step 3: PLAN PREPARATION: STEP 9: DECISION: Petitioner submits all of the required plan information as After the hearing, a copy of the Board's decision will be cited in item 10 page 4 of this form. sent to all parties in interest. Any appeal of the Board's decision may be made pursuant to Massachusetts" STEP 4: SUBMIT APPLICATION: General Laws ch. 40A sec. 17, within twenty (20)days Petitioner submits one (1) original of all the required after the decision is filed with the Town Cleric. information and 10 xerox copies to the ZBA Secretary. The original will be stamped by the Town Clerk Step 10: RECORDING CERTIFICATE OF DECISION certifying the time and date of filing. The remaining ten PLANS, copies will remain at the office of the Zoning Board of The petitioner is responsible for recording certification of Appeals secretary. the decision and any accompanying plans at the Essex County North Registry of Deeds, Lawrence STEP 5: LIST OF PARTIES IN INTEREST: Massachusetts, and shall.complete the Certification of Once the petitioner submits all of the required Recording form and forward it to the Zoning Board of information, the petitioner requests from the Assessors Appeals and the Building Department Office. Office a.certified list of Parties in interest (abutters). . V IMPORTANT PHONE NUMBERS: _nc nc r l it N xy�-coM M. i 978-688-9541 Zoning Board of Appeals Office o r-->7,--- 978-688-9501 978-688-9501 Town,Clerk's OfficeD d D o rn Q M 978-688-9545 Building Department D mT CX) _ FEB 2 6 2002 w Cr BOARD OF APPEALS Page 2 of 4 Date&Time Stamp Application fora F 1 N D I NG NORTH ANDOVERBOARD OF APPEALS 1. Petitioner. Name, address and telephone number: Benjamin Farnum, 397 Farnum Street Ngrt_h Andover , Massachusetts (978) 725-4954 'The petitioner shag be entered on the legal notice and the decision as entered above. 2. Owners of Land: Name, Address and Telephone number and number of years under this ownership: 397 Farnum Street, North Andover, Massachusetts (978) 725-4954 Years Owned Land: Kings Grant to the Farnum Family 3. Location of Property: a. Street: Five Boston Street Zoning District R-2 b. Assessors: Map number 107C Lot Number. 11 c. Registry of Deeds: Book Number 1656 Page Number. 94 (See Essex Probate No. 35036- 4. Zoning Sections under which the petition for the l=ending is made. Denial of the Building Commissioner of an Application for a Building Permit. •Refer to the Pemdt Denial and Zoning By-taw Plan Review as supplied by the Building Corrrnissioner 5. Describe the Finding request: The Petitioner requests the Board to overturn. the decision of the Building Commissioner denying a Building Permit for the erection of. 2 Microwave Antenannae*on an existing tower. *Dish "The above description shall be used for the purpose of the legal notice and decision. A more detailed description is required pursuant to the f cation.Failure the applicant to describe the est ma result In ulattons as died on e 4 of this lastly raga y . Zoning Board Rules and Reg page appH by pp a decision that does not address the intent of the applicant. The decision wHI be limited to the request by the applicant and will riot Involve additlonal iterns 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' Sq. Ft. Sq. Ft. Coverage Feet Spaces Front Side A Side B Rear A. N/A ----- ----- % ----- --- -- ----- - - - NSAH. .- ---.. . % ----.. ---- --- ---- . ---- ------- Page 3 of 4 Application.for a FIIVDIN.G� r Y NO H ANDOVER ZONING BOARD OP 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 9.49 N A. A % 1350 9 29+ 15t- c. Proposed Lot (S): Lot Area Open Space Percent Lot Frontage Parking Minimum Lot set Back Sq. Ft Sq. Ft Coverage Feet Spaces Front Side A Side B Rear N/A ----- ----- % ----- --- ---- ---- ---- --- 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 43.560 N/A N/A % 250 0 25 15 15 30 7. a. Existing Buildings: Ground Floor Number of Total Use of . Square feet Floors Sq. feet Building' 1,296 7 9,072. . Communication Tower N/A --- ---- -----------------------_---_-------- N/A ------ ----- ------------------------------------- 'Reference Use Code numbers and Uses from the Zoning By-Law State number of units in building. i b. Proposed Buildings: Ground Floor Number of Total Use of Square feet Floors Sq.feet Building` 0 1.9 The attachment of a 2.4`- diameter microwave ------ is tote existin tower s ruc ure N/A ----- --------------------g-------------- N/A ------ ----- *Reference Use Code numbers and Uses from the Zoning By-Law State number of units in building. 8. Petitioner and Landowner signature (s): Every application for a Finding.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 responsiblity 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 expenses for filing and legal notification. Failure to comply with application requirements,as cited herein and in the Zoning Board Rules and Regulations mayresultin issal,by theZor in� application as incomplete. Signature k E Type above name here Ben'amin Farnum PAGE 4OF4 - - FINDING . North Andover Zoning Board of Appeals 9. WRITTEN DOCUMENTATION Application for a Finding must be supported by a legibly written or typed memorandum setting forth in detail all 10 C. FEATURES TO BE INDICATED ON PLAN facts relied upon. This is required in the case of a finding when the following points based on MGLA ch. A• Site Orientation shall include: 40A sec. 6 and 9 and the North Andover Zoning By-Law 1. North point Section 9.0 a request for a FINDING shall be clearly 2. zoning district (s) identified and factually supported: Addressing each of 3. names of streets fhe below points individually is required with this 4. wetlands to be shown on plan (if applicable) application. 5. abutters of property,within 300 foot radius 6. location of buildings of adjacent properties within 50' A. The particular use proposed for the land or from applicants proposed structure structure. 7. deed restrictions, easements B. Legend&Graphic Aids: B. Fact relied upon to support a Finding that the 1. Proposed features in-solid lines &outlined in red proposed extension or alteration shall not be more 2. Existing features to be removed in dashed lines substantially detrimental than the existing non- 3. Graphic Scales conforming use. 4. Date of Plan 5. Title of Plan C. Addressing all details of the Building 6. Names addresses and phone numbers of the Commissioner's denial when appropriate. applicant, owner or record, and designer or surveyor. 10. Plan of Land Each application to the Zoning Board of Appeals shall 10 D. FURTHER REQUIREMENTS: be accompanied by the following described pian. Plans Major Projects shall require that in addition to the above must be submitted with this application to the Town features, plans must show detailed utilities, soils, and Clerk's Office and ZBA secretary at least thirty(30)days topographic information. A set.of building elevation and prior to the public hearing before the Zoning Board of interior of building plans shall be required when the Appeals. application involves new construction, conversion and/or a proposed change in use. Elevation plans for minor 10 A. Major Projects projects include decks,sheds, &garages shall be Major projects are those which involve one of the included with a side view depicted on the plot plan, following whether existing or proposed: a)five or more which include a ground level elevation. parking spaces, b)three or more dwelling units, c) 2000 square feet or more of building area. 11.APPLICATION HUNG FEES Minor projects that are less than the above limits shall A. Notification Fees:.Applicant is to send by certified require only the plan information as indicated with an mail all legal notices to all-abutters, and then supply asterisks (*). In some cases further information may be proof of mailing to the ZBA secretary. Applicant is to required: supply stamps (appropriate current postage)for ` mailing of decisions to all parties of interest as 10. B. Plan Specifications: identified in MGLA ch.40A, sec. 11. as listed on the a) Size of plan: Ten 00) copies of a plan not to application. ZBA Secretary will compute number of exceed 11"x17" preferred scale of 1"=40': stamps. b) Plan prepared by a Registered Professional B• Applicant is to supply one(1) set of addressed Engineer and/or Land Surveyor, with a block for five labels of abutters to ZBA Secretary`who will mail ZBA signatures and date on mylar. decisions to abutters and parties in interest. C. Administrative fee of$50.00 per application. a EXHIBIT "R" 'own of North Andover 4 &ORT" Office of the Zoning Board of Appeals 02 Community Development and Services Division Heidi Griffin, Diviion Directors 27 Charles Street 'ss�ec►x>s�t D. Robert Nicetta North Andover, Massachusetts 01845 Telephone (978) 688-9541 Building Commissioner Fax(978) 688-9542 Any appeal shall be filed Notice of Decision within(20)days after the Year 2002 date of filing of this notice in the office of the Town Clerk. Property at: Boston Street NAME: Benjamin Farnum,3y'7 Farnum Street DATE: 3/22/02 ADDRESS:for premises at: Boston Street PETITION: 2002-011 North Andover,MA 01845 HE UUNG(s): 3/12/02 The North Andover Board of Appeals held a public hearing at its regular meeting an Tuesday,March 12, 2002,at 7:30 PM upon the application of Benjamin Farnum,397 Farnum Street for premises at: Boston Street,North Andover,requesting a Finding as a Party Aggrieved of the Building Commissioner's Decision denying a Special Permit for the erection of two microwave antennae on an existing tower within the Village Residential zoning district. The following Board members were present: Robert P.Ford,John M.Pallone,Ellen P.McIntyre,George M.Earley,&Joseph D. LaGrasse. Upon a motion made by John M.Pallone and 2nd by Ellen P.McIntyre the Board voted to GRANT the FINDING of the applicant as a Party Aggrieved of the Building Commissioner's decision and.instruct the Building Commissioner to issue a Building Permit for the erection of two microwave antennae on the existing tower. Voting in favor:Robert P.Ford,John M.Pallone,Ellen P.McIntyre,George M.Earley,& Joseph D.LaGrasse. The Board finds that the petitioner has satisfied the provisions of Section 10,paragraph 10.4 of the Zoning Bylaw and that the granting of this finding will not adversely affect the neighborhood or derogate from the intent and purpose of the Zoning Bylaw. Town ofNorth Andover B d of App , Robert P.Ford,Acting Chairman N C� L� Decislon2002-011 =' 6 SGC;-', ` C�,t i -- CC3 f-r1 v i BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 68a535� N nn CD CS- EXHIBIT "S" Town of North Andover of na pTH qN Office of the Zoning Board of Appeals 0��`y'- '' °p Community Development and Services Division �no 27 Charles Street * �=-�-• �` North Andover,Massachusetts 01845 CHU D. Robert Nicetta. Telephone (978)688-9541 Fax(978}688-9542- Building Commissioner Any appeal shall be filed Modification of Decision within(20)days after the Year 2002 date of filing of this notice in the office of the Town Clerk. Property at: Boston Street NAME: Benjamin Farnum,397 Famum Street DATE: 4/26/02 ADDRESS:for premises at: Boston Street PETITION: 2002-011 North Andover,MA 01845 HEARING(s): 3/12/02 Modification hearing: 4124/02 The North Andover Board of Appeals held a meeting on Wednesday,April 24,2002 for modification of decision on Petition 2002-011,Dated 3/22/02,the application of Benjamin Farnum,397 Farnum Street for premises at: Boston Street,North Andover. The modification of decision is to change the clerical error from the words"Special Permit'to the words "Building Permit". The remainder of the decision remains in effect as vaitten. The following members were present and voted in favor: Robert P.Ford,John Ni Pallone,Ellen P. McIntyre and George M.Earley. Town of North Andover Board of Appeals, RZ P.Ford,Acting Decision2002-011 Modification 4-24-02 M1v l7 hJ Jnr CT DAN(2 .��..>K �( 1QCD r*� N � t W BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535 �AORTH VW 41W cr%own of ?- It LAdover, Mass., z-ok reit t Y, Ae& COCHICKEWICK BOARD OF HEALTH PERMIT T D Food/Kitchen Septic System BUILDING INSPECTOR THIS CERTIFIES THAT............................... ........................................................... Foundation has permission to erect on..1, aSta.. ... *arrbiu...K.f.I.C....... Rough to be occupied as...��tT...T.W�►..A�"Tk�l�1�!!1�..para.�t.�a�,:K41E:...4�.a.�R�'f.E'.."Tt��.�.f2L....................... Chimney provided that the person accepting this permit shall In every respect conform to the terms of the application on file In Final this office, and to the provisions of the Codes and By-Laws relating to the Inspection, Alteration and Construction of Buildings In the Town of North Andover. ' W"Qk%%'t OpLbCM,T'w*.& 1-0 V" &V*'IL"rl OA' PLUMBING INSPECTOR VIOLATION of the Zoning or Building Regulations Voids this 'tAPerm�t. � 11•d f♦ is -�•• v.I& rsssid Rough Final PERMIT EXPIRES IN 6 MONTHS UNLESS CONSTRUCTION STARTS ELECTRICAL INSPECTOR Rough M•tiJ�, r Service .... ........ .. ...... ............. BUILDING INSPECTOR Final Occupancy Permit Required to Occupy Building GAS INSPECTOR Display in a Conspicuous Place on the Premises — Do Not Remove RoughFinal No Lathing or Dry Wail To Be Done FIRE DEPARTMENT H Until inspected and Approved by the Building Inspector. Burner y Street No. H SEE REVERSE SIDE SmoCe DeC• EXHIBIT "U" TOWN OF NORTH ANDOVER' FINDING s ZONING BOARD OF APPEALS0' Procedure & Requirements For an Application for a Finding Ten (10) copies of the following information must STEP 6: SCHEDULING OF HEARING AND be submitted thirty 30 :days prior to the first public . PREPARATION OF LEGAL NOTICE: hearing. Failure to submit the required information The Office of the Zoning Board of Appeals schedules within the time periods prescribed may result in a the applicant for a hearing date and prepares the legal dismissal by the Zoning Board of an application as notice for mailing to the parties in interest(abutters) and incomplete. for publication in the newspaper. The petitioner is notified that the legal notice has been prepared and the The information herein is an abstract of more specific cost of the Party in Interest fee. requirements listed in the Zoning Board Rules and Regulations and is not meant to supersede them. Items that STEP 7• DELIVERY OF LEGAL NOTICE TO are underlined wilt be completed by the Town. NEWSPAPER/PARTY IN INTEREST FEE: The petitioner picks up the legal notice from the Office STEP 1:ADMINISTRATOR PERMIT DENIAL: of the Zoning Board of Appeals and delivers the legal The petitioner applies for a Building Permit and receives notice to the local newspaper for publication. a Permit Denial form completed by the Building Commissioner. STEP 8: PUBLIC HEARING BEFORE THE ZONING BOARD OF APPEALS: STEP 2: FINDING APPLICATION FORM: The petitioner should appear in his/her behalf, or be Petitioner completes an application form to petition the represented by an went or attorney. In the absence of Board of Appeals for a FINDING.All information as any appearance without due cause on behalf-of the required in items 1 through and including 11 shalt be petitioner,the Board shall decide on the matter by using completed: the information it has otherwise received_ Step 3: PLAN PREPARATION: STEP 9: DECISION: Petitioner submits all of the required plan information as After the hearing, a copy of the Board's decision will.be cited in item 10 page 4'of this form. sent to all parties in interest. Any appeal of the Board's decision may be made pursuant to Massachusetts STEP 4: SUBMIT APPLICATION: General Laws ch.40A sec. 17, within twenty(20)days Petitioner submits one (1) original of all the required after the decision is filed with the Town Clerk. .information and 10 xerox copies to the ZBA Secretary. The original will be stamped by the Town Clerk Step 10: RECORDING CERTIFICATE OF DECISION certifying the time and date of filing.The remaining ten PLANS. copies will remain at the office of the Zoning Board of The petitioner is responsible for recording certification of Appeals secretary. the decision and any accompanying plans at the Essex County North Registry of Deeds, Lawrence STEP 5: LIST OF PARTIES IN INTEREST: Massachusetts, and shall-complete the Certification of Once the petitioner submits all of the required Recording form and forward it to the Zoning Board of information, the petitioner requests from the Assessors Appeals and the Building Department Office. Office a certified list of Parties in Interest(abutters). N LIZ " :r: y IMPORTANT PHONE NUMBERS: z M CD CC� COMCC; 978-688-9541 Zoning Board of Appeals Office � m� 978-688-9501 Town Cleric's Office D <M(= C/)CD 978-688-9545 Building Department JUN 1 3 2002 w BOARD OF APPEALS Page 2 of 4 Date&Time Stamp Application for a FINDING NORTH ANDOVER BOARD OF APPEALS 1. Petitioner: Name, address and telephone number: Benjamin Farnum, 39.7 Far-n S Tel: (978) 725-4954.` "The petitioner shad be entered on the legal notice and the decision as entered above. 2. Owners of Land: Name, Address and Telephone number and number of years under this ownership: Benjamin Farnum, 397 Farnum Street, North Andover, Massachusetts (978) 725-4954 Years Owned Land: 3. Location of Property:. . a. Street: 5 Boston Street Zoning District R-2 b. Assessors: Map number lo7c Lot Number: i c. Registry of Deeds: Book Number 1656 Page Number: 94 (See Essex Probate No.350368) 4. Zoning Sections under which the petition for the Finding is made. Building Commissioner's. Issuance of a Special Permit. 'Refer to the Permit Doft and Zoning Bylaw Plan Review as supplied by the Building Conanissioner 0. Describe the Finding request: The Petitioner requests that:.the Board overturn the Building Commissioner's Decision to impose additional conditions on the Building Permit not so authorized pursuant to its Decision of:...March 22, 2002 and amended April 26, 2002 because the use is authorized by 'The above description shall be used for the purpose of the legal notice and decision. A more detailed description is required pursuant to the rianae Zoning Board Rides and Regulations as ched on page 4 of this application.Failure by the applicant to clearly describe the request may result In a decision fiat does not address the intent of the applicant. The decision will be lkn ted to the request by the applicant and will fiat Involve addhlo nal Nam not indrmed above. 6a,. Difference from Zoning By-LAW requirements: Indicaft the dimensions that will not meet current Zoning Bylaw Requirements. (A and Bare in the case of a lot split) 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. N/A % S. N/A % PagL6 3 of 4 Application.fora FINDING �. _ 'v:--- S^''c �-Saxe.E•a�.m�.�-aT�eAsx-s.9atx�+!x NORTH ANDOVER 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 9.49A N/A N/A . % 1350 q1 25* 15+ 15+ 30+ a. Proposed Lot.(S): Lot Area Open Space Percent Lot Frontage Parking * Minimum Lot set Back' Sq. Ft • Sq. Ft Coverage Feet Spaces Front Side A Side B Rear N/A % N/A % d. Required 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 3.560 N/A N/A 250 . 0 25 15 . 15 30 7. a. Existing Buildings: Ground Floor Number of Total Use of Square feet Floors Sq.feet Building" 1,296 7 9,072 Communication Tower N/A 'Reference Use Code numbers and Uses from the Zoning By-Law State number of units in building. b. Proposed Buildings: Ground Floor Number of Total Use of Square feet Floors Sq.feet Building" 0'. 1.9 The attachment of a 2.4' diameter microwave dish to the existing tower structure. 'Reference Use Code numbers and Uses from the Zoning By-Law State number of units in building. 8. Petitioner and Landowner signature (s): Every application for a Finding shall be made on this form which is the official form of the Zoning Board of Appeals. Every application shad be filed with the Town Clerics Office. it shag 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 shah be responsible for ail expenses for filing and legal notification. Failure to _ Ply with application requirements,as cited herein and in the Zoning Board Rules and Regulations may result in a.du�issai by the ZoningAoarc!of this ap on as incomplete. I iT' Signature"` Type above name (s- here Benjamin G. Farnum PAGE 4 of 4 FINDING North Andover Zoning. Board of Appeals 9. WRITTEN DOCUMENTATION Application for a Finding must be supported by a legibly - written or typed memorandum setting forth in detail all 1.0 C. FEATURES TO BE INDICATED ON PLAN facts relied.upon. This is required in the case of a finding when the following points based on MGLA ch. A. Site Orientation shall include; 40A sec. 6 and 9 and the North Andover Zoning By-Law i. North point 2. zoning district (s) Section 9.0 a request for a FINDING shatl be clearly identified and factually supported: Addressing each of 3. names of streets the below points Individually is required with this 4. wetlands to be shown on plan (if applicable) application. 5. abutters of property,within 300 foot radius 6. location of buildings of adjacent properties within 50' -A. The particular use proposed for the land or from applicants proposed structure structure7. deed restrictions, easements B. Legend&Graphic Aids: B. Fact relied upon to support a Finding that the 1. Proposed features in solid lines&outlined in red proposed wdension or alteration shall not be more 2. Existing features to be removed in dashed lines substantially detrimental than the existing non- 3. Graphic Scales conforming use. 4. Date of Plan 5. Title of Plan C. Addressing all details of the Building 6. Names addresses and phone numbers of the Commissioner's denial when appropriate. applicant, owner or record, and designer or surveyor. 10. Plan of Land Each application to the Zoning Board of Appeals shall 70 D. FURTHER REQUIREMENTS: be accompanied by the following described pian. Plans Major Projects shall require that in addition to the above must be submitted with this application to the Town features, pians must show detailed utilities, soils, and Cleric's Office and ZBA secretary at least thirty(30) days topographic information. A set of building elevation and prior to the public hearing before the Zoning Board of interior of building plans shall be required when the Appeals, application involves new construction,conversion and/or a proposed change in use. Elevation plans for minor 90 A. Major Projects projects include decks,sheds,&garages shall be Major projects are those which involve one of the included with a side view depicted on the plot plan, following whether existing or proposed:a)five or more which include a ground level elevation. parking spaces, b)three or more dwelling units, ��.APPLICATION FILING FEES c) 2000 square feet or more of building area. Minor projects that are less than the above limits shall A. Notification Fees: Applicant is to send by certified require only the plan information as indicated with an mail all legal notices to all abutters, and then supply asterisks (*). In some cases further information may be proof of mailing to the ZBA secretary. Applicant is to required. supply stamps(appropriate current postage)far mailing of decisions tar all parties of ingest as 10. B. Plan Specifications: identified in MGLA ch.40A, sec. If as listed on the P application. ZBA Secretary will compute number of a) - Size of pian: Ten (10) copies of a plan not to stamps. exceed I I3x17 preferred scale of V=40'. S. Applicant is to supply one(1)set of addressed b) Plan prepared by a Registered Professional labels of abutters to ZBA Secretary who will mail Engineer and/or Land Surveyor,with a block for five decisions to abutters and parties in interest. ZBA signatures and date on myiar. C. Administrative fee of$50.00 per application. HP OfficeJet Fax Log Report Personal Printer/Fax/Copier Aug-13-02 10:44 AM Last Fax Identification Result Pages Tvne Date Time Duration DiagLriostic 817819331530 OK 02 Sent Aug-13 10:43A 00:00:44 002582030022 1.2.0 2.8 Post-it®Fax Note 76714- 13- p To Date 4_ /13` Aa9 s► From Co./Dept Co. Phone# 7� `q3�` phone# Fax# I Ci vv() J' C- s HP OfficeJet Fax Log Report Personal Printer/Fax/Copier Aug-07-02 02:38 PM Last Fax Identification Result Pales Ty Date Time Duration Diagnostic 815088721492 OK 03 Sent Aug-07 02:37P 00:00:58 002482030022 1.2.0 1.8 i + Town of North Andover * NORTi� ° I'. 0 f°'�1 Office of the Zoning Board of Appeals .`.`` Community Development and Services Division ;, ,• 27 Charles Street � 4 North Andover,Massachusetts 01845 4SSACHu`��` D. Robert Nicetta Telephone(978)688-9541 Building Commissioner Fax(978)688-9542 A Aeo-iS — Rood,1�,-� FAX NUMBER: 50 'h _ Cb-7 2- FROM: Town of North Andover Zoning Board of Appeals 27 Charles Street North Andover,Massachusetts 01845 FAX: 978-688-9542 PHONE: 978-688-9541 DATE: a- SUBJECT: o ro►ryl 1.41A, ����yl - Sys l ov1 5-6p a NUMBER OF PAGES: REMARKS: ) jJ I—OWK0 5'0M Ore- Q 014 I�1 U 10�4 Y, V►� Do r� 5r, / pef-le 1, ), p I t, o --j I'l 0; IJ BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535 HP OfficeJet Fax Log Report Personal Printer/Fax/Copier Aug-07-02 02:33 PM Last 30 faxes Identification Result Pa es Tuve Date Time Duration Diagnostic 819786860755 OK 02 Sent Aug-06 11:11A 00:00:43 002582030022 9783724890 OK Ol Received Aug-06 11:17A 00:00:36 021500030000 9784756703 OK 02 Received Aug-06 12:14P 00:00:45 021502030000 OK O1 Received Aug-06 12:29P 00:00:50 021500030000 OK O1 Received Aug-06 12:33P 00:00:50 021500030000 OK Ol Received Aug-06 12:40P 00:00:50 021500030000 Error 00 Received Aug-06 01:1OP 00:00:36 001000000000403 818606334391 OK 02 Sent Aug-06 01:14P 00:00:30 002582030022 Error 00 Received Aug-06 01:18P 00:00:36 001000000000403 Error 00 Received Aug-06 01:19P 00:00:36 001000000000403 978 623 8359 OK Ol Received Aug-06 01:48P 00:00:30 021502030000 89787941248 OK 02 Sent Aug-06 03:02P 00:00:43 002581030022 819786870147 OK 02 Sent Aug-06 03:08P 00:00:42 002582030022 OK Ol Received Aug-06 03:1OP 00:00:49 021402010000 5084972374 OK 03 Received Aug-06 03:22P 00:02:03 021100430000 815085284011 OK 02 Sent Aug-06 04:15P 00:01:34 002582030022 978 794 0107 OK Ol Received Aug-06 05:OOP 00:00:46 021506030000 OK 01 Received Aug-07 09:35A 00:00:43 021402030000 819784549941 OK 01 Sent Aug-07 10:15A 00:00:26 002480030022 617 727 5060 OK 11 Received Aug-07 11:16A 00:04:06 021502030000 OK 02 Received Aug-07 11:35A 00:01:05 021402030000 89784702690 OK 02 Sent Aug-07 11:39A 00:00:40 002582030022 18007734488 OK 02 Received Aug-07 11:45A 00:00:44 021502030000 OK 02 Received Aug-07 12:43P 00:00:42 021402030000 89784702690 OK 02 Sent Aug-07 01:07P 00:00:40 002582030022 9784702690 OK 09 Received Aug-07 01:09P 00:04:27 021502030000 819787380261 OK 10 Sent Aug-07 01:19P 00:04:06 002582030022 815088721492 OK 07 Sent Aug-07 02:03P 00:02:42 002482030022 978 688 3211 OK 04 Received Aug-07 02:17P 00:02:42 021101430000 815088721492 OK 02 Sent Aug-07 02:31P 00:00:44 002482030022 73.0 1.8 .t t Town of North Andover NORTh Office of the Zoning Board of Appeals o Community Development and Services Division 27 Charles Street ' �°+ • �`�* North Andover,Massachusetts 01845 �SsgcHusEt D. Robert Nicetta Telephone(978)688-9541 Building Commissioner Fax(978)688-9542 FAX TRANSMISSION T0: Q!n5 51n±,-Ae ,A fiP-viols - 3-0Vje FAX NUMBER: .7 O f) 72, 1 Y 922 FROM: Town of North Andover Zoning Board of Appeals 27 Charles Street North Andover, Massachusetts 01845 FAX: 978-688-9542 PHONE: 978-688-9541 DATE: -7` 02 SUBJECT: 90 WKI ��P .1 r 611 5 1125 14911 i r S� . �� n ✓� �e oye, 00Y'4� Aldyye .(- 7, 6 NUMBER OF PAGES: � REMARKS: V£ so Y/ -�r O'-pd q ' V ?vlt 1 VUr v) gme- 01V)d f qX SaMewLre, 'T �D L4 Oj BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535 161 Worcester Road,P.O.Box 9320 Framingham,MA 01701-9320 Telephone:(508)879-5700 Bowditch Facsimile:(508)872-1492 L 1 Va.LI 1. www.bowditch.com &Dewey A T T O R N E Y S Bowditch&Dewey, LLP August 2, 2002 i Community Development/Zoning Board 27 Charles Street North Andover, MA 01845 Attn: Mitch Re: Copies of Decision on Building Permit#605 Dear Mitch: Enclosed please find a check in the amount of$6.60 with respect to the above. Thank you for your assistance. Very truly yours, T4 ienaLofffa Paralegal /pl I Enc. I � L9:� � �, � BOARD OF APPEALS Worcester Office: 311 Main Street,P.O.Box 15156•Worcester,MA 01615-0156•Telephone:(508)791-3511 •Facsimile:(508)756-7636 u ZBA C i v Date . .. .:...�.c�t ,... O�NORTIy o? 9 TOWN OF NORTH ANDOVER RECEIPT Cl �,SSACHU`-'�� This certifies that&.w/..!.. G.`�.."�.....,1✓ .! .. ........................ has paid 4...0.1..6.0.........C.k'Pc-K....... .................... for...C-0..,4..1..P..S.......-5......bos!.P.r.....5 . ......� .a. r .i.J.... Receivedby...-,!f ....................................................... Department.... .. ...A................................................................... WHITE: Applicant CANARY:Department PINK:Treasurer 1 USAAirbill Nmbe SeCEM822520671192 Dao. 0200 1 From Pleasepthmandpresshard. 4a Express Package Service Packages up to 15gIbS (J �tSFedEx Deliverycommomemmaybelatermsomeareas. Date `�` (/ Account Number 3p0aaCK 0 O® ❑ FedEx Priority.Ovemight edExStandardOvernight ❑ FedEx First Overnight Next Imainess morning Next businewaftemoon Earliest next businessmomaq �l p� de:lvwyWsdactlocadans Name rs`Z o�� �,Q/�—p a� Phone( 1 �) ��y ❑FedEx 2Day" ❑FedEx Express Saver' J Second businessday Third business day -FedEx Emekpa4-after Rate notaveilable �! Minimum cherge:Ona-pound rate Company ^ 1✓I d I ryd h Aki ,*y e r Del 4b Express Freight Service Pa ages l over 15olbs. very commianad mayy a later in same areas. '�/'f /' C/�' yip ❑NedEx�Da��Freight" ❑se�nFab? es Freight ❑rnkae�sm�sa�aYreight Address a./ C4 el/ �a-'/ 5fre,at •Cellfor Confirmelion: Oept/Roo/Suhepi.ma 5 P ckaging -Declared value 8mhM City 1 Ail doverState ZIP FedEx Envelope/ ❑ FedEx Pak" ❑Other Pkg.\�y �� Letter" Includes cu mer pkg. 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Delivery to Residential Locations Shipments to ( l based on our nest asbmute of the m:mher of packages we Declared Value Limits residential locations using FedEx Express Saver may be V received and/or an estimated"defarklt'weii gn per pacRage ,The highest duclared value allowed for a FedEx delivered without obtaining the recipient's signature. as determined by us. Lovelope%Letter and FedEx Pak shipment is 5500. Right To inspect Wt may,at out option,open anti Responsibility For Payment Even if you give as .For other shipments,the highest declared value allowed is inspect your packages before or atter you give them to us odifferent payment instructions,you will always be primarily $50,000 unless your package contains items of extraordinary to deliver. responsible for all delivery coats,as,yell as any cost live incur value,.n which case the highest declared value allowed Right Of Rejection We reserve the right to reject.a in either returning your package to you of:r.arehnusing It is 5500. pending disposition. shipment when such shipment wotdtl be likely to cause delay 1 •Items of extraordinary value include shipments containing or damage to other shipments,equipment,or personnel;or it Limitations On Our Liability U And Liabilities Not such items as artwork,jewelry,furs,precious metals,nego- the shipment is prohibited by law;or if the shipment would i;su tiable instruments,and other items listed in our Service Guide. violate any terms of our Airbill or our current Service Guide. •Our liability in connection with this shipment is limited to the .You may send more than one package on this Alrbill and fill C.O.D. Services C.O.D.SERVICE IS NOT AVAILABLE lesser of your actual damages or$100, mess you daclare in the total declared value for all packages,not to exceed WITH THIS AIRBILL.If C.O.D.Service is required,please use a higher value,pay an additional charge,and document your the$1001,$500,or$50,000 per package limit described above, a Federal Express C.O.D.Airbill, C� actual Toss in a timely manner.You may pay an additional (Example: 5 packages can have a total declared value of up Air Transportation Tax Included A federal excise charge for each additional$100 of declared value.The to$250,000.)In that case,our liability is limited to the actual tax when required by the Internal Revenue Code on the air declared value does not constitute,nor do vie provide,cargo value of the package(s)lost or damaged,but may not exceed transportation portion of this service,if any,is paid by us. liability insurance_ the maximum allowable declared value(s)orthetotal declared Money-back Guarantee In the event of untimely V •In any event,we will out be liable for any damage,whether value,whichever is less.You are responsible for proving the direct,incidental,special,of consequential in excess of the actual loss or damage. delivery,Federal Express wilt,at your request and with some declared value of a shipment,whether or not Federal Express limitations,vice or credit all transportation charges.See Filing A Claim YOU MUST MAKE ALL CLr�rMS IN current Service Guide for,More infarmation had knowledge that such damages might be,ocurred WRITING and notify tis of your claim within strict time limits , including but not limited to loss of income of profits, set out in the current Service Guide. 1 fist, 3 TO 4 P '^ DA Z TIME D Aqp C I FROM w PHONE( ) P f H 1 O CELL( > AUG � NI � I_ 02 + � ��}1n} t� �(i"1 FAX ( ) B09� I `3 PPEALS Is MIE .� ; ---�- O E-MAILADDR S ��� l �r► _ -- I ' PHONED❑ gACK❑ CALL RNED❑ SEE YOU ❑ AGAIN ALL❑ WAS IN UR NT❑ 0 N cO LLl N CL m Q Q O LL G,2 O ��pq cci �J M MGLEr NO Y , M GL NNON Microsoft Word - POLICY AND PROCEDURES F 02-07-31 13:11 ................................................ ......... ................. ............................ ........ ............................ ........ ............................ ........ ............................ ................. ............................ ................. ...................... ...................... ..................... .................... ................... .................. .................. ............................ ............................. ............................ ............................ ............................. ............................ ............................. ............................... ................................ ................................. ................................... ........ ............................ ....... ............................ ........ ............................ ........ ............................ ........ ............................ ........ ............................ ........ ............................ ........ ............................ ............................ .................. ............................ ..................................... ................................................. i zooz bp i r 'PEALS NQ �� O W a N nom- O o C==3 Q O Q co :D Cl W �� m � r � MGLENNGM4 MGL N .NON Microsoft Word - POLICY AND PROCEDURES F 02-07-31 13:11 ................................................ ......... ................. ............................ ........ ............................ ........ ......... .................. ........ ...................... ...................... ..................... .................... ................... .................. .................. ............................ ............................. ............................ ............................ ............................. ............................ ............................. ............................... ................................. ................................. ................................... ........ ............................ ....... ............................ ........ ............................ ........ ............................ ........ ............................ ............. ........ ............................ ........ ............................ .................. ............................ .............................. . ..................................... ................................................. ..................................... ................................................. ..................................... ................................................. 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: for premises located at:5 Boston Street NAME: Benjamin Farnum,397 Farnum Street HEARING(S): 8/13/02, 9/10/02,&10/8/02 ADDRESS: for premises located at:5 Boston Street PETITION: 2002-034 North Andover,MA 01845 TYPING DATE: 10/15/02 The North Andover Board of Appeals held a public hearing at its regular meeting on Tuesday, October 8,2002 at 7:30 PM upon the application of Benjamin Farnum,397 Farnum Street, North Andover,MA,for premises located at:5 Boston Street North Andover,MA requesting a Finding as a party aggrieved of the Building Commissioner's Decision on Building Permit#605, within the Village Residential zoning district. The following members were present: William J.Sullivan,Walter F. Soule,John M.Pallone, Scott A. Karpinski,Ellen P.McIntyre,George M.Earley,and Joseph D.LaGrasse. Upon a motion by George M.Earley and 2"d by Ellen P.McIntyre,the Board voted to DENY the Finding requested by the Party Aggrieved of the Building Commissioner's notation on Building Permit#605,dated May 17,2002 on the basis that the applicant should comply with the North Andover Planning Board's Special Permit conditions,dated April 21, 1999 and as indicated in the letter from Heidi Griffin,then Town Planner,written to Atty.Francis A.DiLuna,dated August 21, 2001. Also,for the reason that the North Andover Zoning Board of Appeals is not authorized to change the conditions of a North Andover Planning Board decision. Under the circumstances,the Board refers the petitioner back to the Planning Board for their review. Voting in favor: William J. Sullivan,Walter F.Soule,John M.Pallone,Scott A. Karpinski,and Ellen P.McIntyre. Town of North Andover Board of Appeals, William J. Sullivan,Chairman Decision 2002-034. Town of North Andover pORTh Office of the Zoning Board of Appeals or Community Development and Services Division ` 27 Charles Street North Andover,Massachusetts 01845 4ss„cHUS D. Robert Nicetta Telephone(978)688-9541 Building Commissioner Fax(978)688-9542 FAX TRANSMISSION t 1� TO: rn4Cl �, /7 � �r �UhS FAX NUMBER: 7 f* ,3 — 0ti 31) FROM: Town of North Andover Zoning Board of Appeals 27 Charles Street North Andover, Massachusetts 01845 FAX: 978-688-9542 PHONE: 978-688-9541 DATE: 1 r SUBJECT: y �j n5�� S�r.cam Pct NUMBER OF PAGES: REMARKS: Board of Appeals 688-9541 Building 688-9545 Conservation 688-9530 Health 688-9540 Planning 688-9535 HP OfficeJet Fax Log Report Personal Printer/Fax/Copier Oct-25-02 03:53 PM Last Fax Identification Result Pages Tvne Date Time Duration Diagnostic 817819331530 OK 02 Sent Oct-25 03:52P 00:00:44 002582030022 1.2.0 Z8 Town of North Andover r1ORT01 Office of the Zoning Board of Appeals oa Community Development and Services Division Z 27 Charles Street North Andover,Massachusetts 01845 �4SSAC►+Us D. Robert Nicetta Telephone(978)688-9541 Building Commissioner Fax(978)688-9542 FAX TRANSMISSION T0: �l\ FAX NUMBER: R� FROM: Town of North Andover Zoning Board of Appeals 27 Charles Street North Andover, Massachusetts 01845 FAX: 978-688-9542 PHONE: 978-688-9541 DATE: SUBJECT: u `i C- )�(Lc:sd vH n f e!� 4t-2t � h ll ll� �Ayt deI► V4are 10— � D Ie±Q� NUMBER OF PAGES: a e lTe►' -}� / p; �,� REMARKS: Board of Appeals 688-9541 Building 688-9545 Conservation 688-9530 Health 688-9540 Planning 688-9535 HP OfficeJet Fax Log Report Personal Printer/Fax/Copier Oct-11-02 05:32 PM Last Fax Identification Result Paees Tvue Date Time Duration Diagnostic 817819331530 OK 06 Sent 00-11 05:30P 00:01:42 002582030022 1.2.0 2.8 Town of North Andover v� AORT#t Office of the Zoning Board of Appeals o i„tD Community Development and Services Division c y 27 Charles Street North Andover,Massachusetts 01845 �4SsgCHUs t�h D. Robert Nicetta Telephone(978)688-9541 Building Commissioner Fax(978)688-9542 October 9,2002 Francis A.DiLuna,Esq. Murtha Cullina Roche Carens&DeGiacomo 600 Unicorn Park Drive Woburn,Massachusetts 01801-3343 RE: August 13,2002, September 10,2002,&October 8,2002 audiotapes of the 5 Boston Street public hearings: Dear Atty.DiLuna: Please feel free to have a representative who has familiarity with audio recording equipment come to 27 Charles Street,North Andover,Massachusetts any time Monday through Thursday, 9:00 AM through 2:00 PM during the ZBA clerk's hours,bringing their own micro cassette copying equipment and audio tape. Please call ahead to ensure that the ZBA clerk can be present to observe the taping session. Also,please find enclosed a copy of your hand delivered October 8,2002 letter to the North Andover Zoning Board of Appeals with the hand written requests for the following: a copy of Atty.Thomas J.Urbelis' letter to Heidi Griffin,Town Planner,dated April 25,2000 and a copy of William Sullivan's notes of October 8,2002. Very truly yours, William J. Sullivan,Chairman North Andover Zoning Board of Appeals CC: D.Robert Nicetta,Building Commissioner ZBA file Fax First Class Mail WJS:mg Board of Appeals 688-9541 Building 688-9545 Conservation 688-9530 Health 688-9540 Planning 688-953.5 MURTHA CULLINA 600 UNICORN PARK DRIVE ROCHE CARENS & DEGIACOMO WOBURN,MASSACHUSETTS 01801-3343 A L I M I T E D L I A B I L I T Y P A R T N E R S H I P TELEPHONE(781)933-5505 FACSIMILE (781)933-1530 www.murthalaw.com October 8, 2002 BY HAND North Andover Zoning Board of Appeals 120 N. Main Street North Andover, Massachusetts 01845 RE: Public Document Request Dear Board Members: Pursuant to the provisions of G. L. c. 66, §10, please provide to me, within ten (10) days from receipt of this request, copies of all audiotapes related to Mr. Farnum's current appeal of the Building Inspector's Conditions imposed on Building Permit. Cajon 5 $vitiv An MAR-$ b a. oci 8 µd oa.7 Acovt•« Opt atcw1 o It is my understanding that none of the public documents4equ/ested abovare exempt pursuant to the provisions of G.L. c. 4, §7 clause 26. Thank yo �eryl urs,_ -�- cis . DLu i FAD/mjf Enclosure 4 `f ow s Ur-1 /Is 40 gict p � C � W1 OCT a - 2002 U BOARD OF APPEALS B O S T O N H A R T F O R D N E W H A V E N W 0 B U R N HP OfficeJet Fax Log Report Personal Printer/Fax/Copier Oct-08-02 02:45 PM Last Fax Identification Result Paees Tyne Date Time Duration Diaggostic 817819331530 OK 03 Sent Oct-08 02:44P 00:00:56 002582030022 1.2.0 T.8 VD- October 9,2002 Francis A.DiLuna,Esq. Murtha Cullina Roche Carens&DeGiacomo 600 Unicorn Park Drive Woburn,Massachusetts 01801-3343 RE: August 13,2002,September 10,2002,&October 8,2002 audiotapes of the 5 Boston Street public hearings: Dear Atty. DiLuna: Please feel free to have a representative who has familiarity with audio recording equipment come to 27 Charles Street,North Andover,Massachusetts any time Monday through Thursday, 9:00 AM through 2:00 PM during the ZBA clerk's hours,bringing their own micro cassette copying equipment and audio tape. Please call ahead to ensure that the ZBA clerk can be present to observe the taping session. Also,please find enclosed a copy of Atty.Thomas J.Urbelis' letter to Heidi Griffin,Town Planner dated April 25,2000 and a copy of your hand-delivered October 8,2002 letter to the North Andover Zoning Board of Appeals. Very truly yours, William I Sullivan,Chairman North Andover Zoning Board of Appeals CC: D.Robert Nicetta,Building Commissioner ZBA file Fax First Class Mail WJS:mg Memorandum—Narrative of the 5 Boston Street Finding 92002-034 Pagel of 2 M-E-M-O-R-A-N-D-U-M TO: William J.Sullivan,Chairman cc: D.Robert Nicetta,Building Commissioner DATE: July 22,2002 SUBJECT: Narrative of the Benjamin Farnum 5 Boston Street Finding#2002-034 (time-stamped June 13,2002 3:39 PM) June 13,2002,ca.4:OOPM Thursday. Shaun Briere,a summer intern in the law offices of Murtha Cullina Roche Carens&DeGiacomo,LLP,brought the petition,already time- stamped by the Town Clerk's office,and the Murtha Cullina check for$50.00. I am a clerk- typist with 7 months in this job. Legal notices need correct citations and appropriate language. D.Robert Nicetta,Building Commissioner,proofreads the legal notices before they are given to the applicant to be published. Mr.Nicetta was taking June 14, 17, 18 as vacation days. I warned Mr.Briere that Mr.Nicetta might not be able to check the notice before the Eagle- Tribune deadline of 5:OOPM June 19,2002 in order for the notice to be printed the mandated 14 days before the hearing date. June 19,2002,ca. 1:30 PM Wednesday. I faxed the cover sheet with Eagle-Tribune instructions and the legal notice for June 24&July I'.to Atty.Francis A.DiLuna. June 24,2002. Maureen of Atty.DiLuna's office called. The Wednesday fax wasn't routed to her office in time;what should they do? I faxed Maureen the relevant dates for the August 13'b meeting. June 25,2002,9:19AM. I faxed the requested"waive time constraint"form to Atty. DiLuna. July 2,2002,3:10 PM. Received the completed"waive time constraints'form but didn't time-stamp it until July 5,2002 9:55 AM. July 9,2002. Phoned and faxed information to Atty.DiLuna's office that there would be a brief discussion of the 5 Farnum Street petition at the Board meeting that night. Atty. DiLuna phoned 3:20 PM that he was scheduled to appear at another hearing that evening;his partner was scheduled to appear at another hearing,and his assistant,Maureen,was on vacation. He asked about North Andover Zoning Board procedures. I didn't feel comfortable answering the questions,and suggested that he call Mr. Sullivan. July 9,2002 Board Meeting. Shaun Briere,summer intern at Murtha Cullina, represented the 5 Boston Street petition and presented the July 9,2002 letter. Mr.Sullivan explained that since the legal notice had not been printed,the petition could not appear before the Board. He suggested that the petitioner's representative withdraw the petition without prejudice. The Board so moved,2°d,and voted to allow the withdrawal and re-application for the August 13,2002 meeting. Shaun Briere came to the table to sign,but I could not find the forms and was missing the next agenda item,so I asked Shaun Briere if I could fax the form. He said yes. July 11,2002. 1 faxed the legal notice for July 29&August 5`h.,and the"withdraw without prejudice"to Atty.DiLuna,using the Lawrence-Eagle Tribune information cover sheet. July 16,2002. Typed the"Withdraw without prejudice"decision. Memorandum—Narrative of the 5 Boston Street Finding#2002-034 Page 2 of 2 July 17,2002. Received the Registered,return receipt requested July 15,2002 letter from Atty.DiLuna. July 17,2002,7:00 PM. Special Zoning Board meeting at 27 Charles Street to reconsider July 9 decisions. The Zoning Board agreed to hear the petition if the legal notice is published. Michel Glennon ZBA clerk. Memorandum of Record July 22,2002 Re: Benjamin Farnum 5 Boston Street Finding#2002-034 At the July 9,2002 meeting,a gentleman who said he represented Atty.DiLuna,was asked to "withdraw without prejudice"and he agreed. He then left the Senior Center without signing the document. There was no legal notice printed for petition#2002-034 before the July9th meeting,so in theory,Atty.DiLuna's petition was never officially or legally in front of the Board for a"vote". As such,the"Withdraw without prejudice"motion and vote should be considered a moot item. The petition will be heard on August 13d'after proper legal notification is published and distributed. The August 13,2002 hearing will be within the sixty-five days(65)of MGL Ch.40A§15. William I Sullivan,Chairman North Andover Zoning Board of Appeals sent By: MUR HA CULLINA; 78t 93:3 i530; Jul-9-01 4:43; Page 1/1 MURTHA CULLIN11 600 VNrrnRu ragkr_>zavF- ROCHE CARERS & D r GIAC OMQ W01SURN,MASSAC.HUSUTS01901-3343 A L I M I T L V 1. 1 A E i L 1 1 7 V A x 1 x E n 3 x i r ►tl:F..PKUNF.trFiil 933-7705 -A�:$itdlS.F. (7P,1}$33-15;4 www.mnnlralaw.mm July 9.2002 Y T.'.i.na,�d - 0752 AQQ_QSA) LY 1 U,r J/ll///b- i•v vvv I- — Willialll J. 'Stihlvan. Nor[n Andover Board Of Appeals L/ criaries St. North Andover,Massachusetts 01845 Re: Boston l-lill/Benjarn><nDarnham Appeal Dear Mr. Sullivan: plaagr 1e. advised; due to circumstances bevond my control, I have a hearing in Dover tonight =d m,,ty 1n,4rtner;e rovrripa another in Wnhtirn far the- 'Therefore,I must request that the hearing Ma 1VA --l—nlAIXlni, Kt,.1Sirioee h- ,iP. �nntinfl i nTil vnilr next meeting. -A—A. 4//AVlu n, _1_. __.L. T ,, ,..,,,.r.:..,. .L,:n .•or,,,nr♦ f— nn"r;,nb,enrP 1 will i. -nei :vnv f1f:A['ll1nP.0 VUViI)UJiy W11G14 Q= 1 Woo 111t1Alllr, auw &"L&va/ /v/ �.+.•••••....+•.., . ----•- ---------- necessary for the pro seeding to go tett JYSru,ii;td hcle�y c nt�;/d the v�.::.�+1'•t:�J ?n�w,�e -1'he gravament of the appeal is that the petitioner bclieves the Building Couni-hissioi/cr%nccCIUI_L/ the order of the Board by adding conditions to the Building "Permit that the Board uid riot iiirecE him to so add. I thank you for your kind oftention aDd courtesies conceming this matter. yCinr�,�rly vnllrc �-'--"A� '%__�anc s fl.Lei' a i pC C� COd [ JULQ (�(� D 0 t t :1 K 7 F () K ll N T W !{ A V 1- N 1AI () 1$ U R N BOARD OF APPEALS Town of North Andover E ,•oR*N Office of the ZoningBoard of Appeals ��°`'' a"� ° = ` ` `'D pp � - �,as�1�,= Community Development and Services Division L �o T' DOVER 27 Charles Street .•�------ ,� North Andover, Massachusetts 01845 9 „ D. Robert Nicetta Telephone(978)688-9541 Building Commissioner Fax (978)688-9542 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 13''of August,2002, at 7:30 PM to all parties interested in the appeal of Benjamin Farnum, 397 Farnum Street, North Andover, MA, for premises located at: 5 Boston Street North Andover, MA requesting a Finding as a party aggrieved of the Building Commissioners' Decision on Building Permit#605. Said premises affected is property with frontage on the West side of Boston Street within the Village Residential 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 Eagle Tribune on July 29&August 5, 2002. Legalnotice2002-034 j v.N c '' V �g�mu'b�w�c,a°iEcui3CD � ¢01°�.oZc � as>E F d�mood� �Z o$LL>Eoo:iO cis m o°_a mQ,a.ro LocE� c� co dmc mp (DN>m NNyO:co >o m¢fnt._ ¢�- Q;Rf to 3k m t.c rn tp ,d N�2 ca Co «'.. U rn O.'O.C.N�).OtO TN N i0 ItS M 4J O f0'O m.N m NN.., O' 0.7 Z Z�w t`.�-NL c$ 03 mQ �,�i�rna°i E E nc*n� a���m�z ° `' •J Q.�N ftlr w.of N� ON CO.y�N 000, ClC itl'�y .O d c6 rN. t N01•�ZF?:.y 0.0�Cn cNZ3f�tl�y�b a .�:LNCN.�00t:7 X20 ,§ �.�.... mPia Z C-A °.aca, W ,�g.°:Eoc�y«.¢Nmo'.� v°v. ro ;•mnc..:mo ° rl, rnQ'cUtn .:oa d!a'e¢'dN.�t0«'-NmQt,Yci, rilK; BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNNG 688-9535 North Andover Zoning Board ofAgpe s 27 Charles Street _�. North Andover, MA 01845 s U.S. POSTHGE PHID 3r*�i,., 2NORTH AN895ER.MH w NORTH .[S �. O ��F RETURN ADDRESSG� UNITFD 5T6TFS CTO THE RlGkT KER t7 ,I resrn�seavrcF"PLACE ST 1 $1•�/'� . ' �,1� 9264 FOLD AT DOTTED LINE 01845 00082602-0 s, Inc. 33 lkla a- Nc Eh . icove wAA 01845 7099 3400 0000 4070 7549 d � SENDER: I also wish to receive the follow- 0 Complete items 1 and/or 2 for additional services. ing services(for an extra fee): m Complete items 3,4a,and 4b. ❑Print your name and address on the reverse of this form so that we can return this 4; card to you. 1• ❑ Addressee's Address •2 2 ❑Attach this form to the front of the mailpiece,or on the back if space does not d permit. 2. ❑ Restricted Delivery Y ❑Write"Return Receipt Requested'on the mailpiece below the article number. ❑The Return Receipt will show to whom the article was delivered and the date a p delivered. 0 d 3.Article Addressed to: 4a.Article Number d q oplM ,48% q64-9 c4b.Service Type o l� �I�XC]�iiC'CJ �CIC— ❑ Registered (Certified rn w ❑ Express Mail ❑Insured y El Return Receipt for Merchandise ❑COD ` Z 7.Date of Delivery T Q '-- 5.Received By: (Print Name) 8.Addressee's Address(Only if requested and m fee is paid) 0 6.Signature(Addressee or Agent) T ' y PS Form 3811,December 1994 102595-99-13-0223 Domestic Return Receipt I COMMONWEALTH OF MASSACHUSETTS NORTH ANDOVER ZONING BOARD OF APPEALS IN RE: Legal Notice for Public Hearing on August 13, 2002 Benjamin Farnum 397 Farnum Street North Andover, MA AFFIDAVIT OF SERVICE I, Francis A. DiLuna, Esquire, being a duly licensed practicing attorney submit this affidavit: 1. On July 16, 2002 my office caused to be mailed to the Certified Abutters List appended hereto as Exhibit "A" a Legal Notice appended hereto as Exhibit `B" relative to North Andover Board of Appeals hearing to be held on Tuesday, August 1.3`h at 7:30p.m. concerning the above mentioned matter. A copy of the Certified Mail Receipts are appended hereto as Exhibit "C". The Domestic Return Receipt (Green Cards) are appended hereto as Exhibit "D" with the exception of Sharon M. and Francis T. Devon, Dorothy A. and Michael J. Letizia, Mary Letizia Calder and Mary L. Salois whose (Green Cards) have not been returned as of this date. JUL 2 4 2002 D BOARD OF APPEALS CERTIFICATE OF SERVICE I, Francis A. DiLuna, Esquire hereby certify that on this 24th day of July, 2002 I served a copy of the foregoing Affidavit of Service by First Class Mail to North Andover Board of Appeals, 27 Charles Street, North Andover, Massachusetts 01845. Benjamin G. mu By his ey, Tiacomo, u a, Esqui �OB Roc arens & ark Drive Woburn, MA 01801 (781) 933-5505 TOWN OF NORTH ANDOVER EXHIBIT "A" UST OF PARTIES OF INTEREST: PAGE OF SUBJECT PROPERTY MAP I PAR #I NAME ADDRESS M-I11 1 C txWP1�-2�ST T ABUTTERS: I b 14q o s u u_ v uo . 11.0 A U54 PA59 �- 3aa o»�s !a•t g l -71 Qe vA N 1��L T wioq,&j �(jM 3 z gc "%, 40) N o f -,s ^ D'Qa-c C3 L I to •:oa �r- lDZn 3"t eus�eerocSau�✓xr� I S-7Z. Essc�e Sr_ aR.,azLv O�`��5 I LID puAsAwr ;, N&LM PACeL c 6-Lt-t S (b'7A Z%5r/�cW�wt .Sa►•lW G EtTPK •R 26 �/ ►• �• 2531 - �- � I ._ ._ .. .. •. _. L( Z 1219 1 .. I � I I D I JU BOARD OF APPEALS Opti d by CERT. BY : B ssessor North Andov r �. DATE: Jul -11-02 12: 12P EXHIBIT "B" Town of Forth Andover MOArM Office of the Zoning Board of Appeals Community Development and Services Division 27 Charles Strout North Andover,MassachusetLs 01845 COW U. Robert Nicetta 'Telephony.(978)688-954'1 Fax(978)688-9542 Building C:ommi sinner 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 131e of August,2002,at 7:30 PM to all parties interested in the appeal of Benjamin Farnum,397 Fame n Street,North Andover,MA, for premises located at: 5 Boston Street Ncrrth Andover,MA requesting a Finding as a party aggrieved of the Building Commissioners' Decision on Building Permit#605. Said premises affected is property with frontage on the West side of Boston Street within the Village Residential 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 F.agle'rribune on July 29&August 5,2002. *Also published on July 17, 2002 LegaInotice2002-034 JUL 2 4 2002 D BOARD OF APPEALS I1(')ARb OF APP1:A1 688-4541 RT 1LV1NG 688.9545 CONSUVATICIN 698')530 IJEAT'fH 088-9540 PLANNING 688.9535 ® A ` ,. • • . e . ti, EXHIBIT fir•ff � S M M M j,: Cal Postage $ r� g 39 Er Postage $ Cr- Certified Fee ,/ 0 w Cl N --Heriark < Certified Fee 2.30 r Return Receipt Fee lore �� Postmark (Endorsement Required) t (l l Return Receipt Fee Hire (Endo.sement Required) 1.75 O Restricted Delivery Fee �' C3 (Endorsement Re uired t M Restricted Delivery Fee 1 q ) '�- M (Endorsement Required) f +. Cl Total Postage&Fees i p �..-_. ''i !• C3Total Postage&Fees 4.42 Na se Prinf Clearly)(( e comp! d by mailer( ` m i.` Sent T 1... ra -___. S o L.G Stree o or=o e Street,_Zone or _Bo rd__a€__Agpeals---------------------------- Cr- s< r tr Er l------J_Uv ------- ---- --------- -- -- --- t'`�lunicipaiN�uilding C3 see O City,Stat,ZIP+4 Q ---- 27___C.harle-&--StL2Lt-,---N,-An-dev-ei-�Ml'----- ~ a r7 mO �l� City,State,ZIP+4 01845 :ea eee S O Postage $ Cc Postage $ 3 Q- Certified Fee _/� 30`( i' Certified fee / 2 Q: Mstmark p(. / Postmark' Return Receipt Fee r- ( '� Here ;i ; r-3 Return Receipt Fee � Here (Endorsement Required) . S '' (Endorsement Required) C! Restricted Delivery Fee O Restricted Delivery Fee C3 (Endorsement Required) O (Endorsement Required) C3 Total Postage&Fees Is C3 Total Postage&Fees is f e(Pleas Print Cl e y)(to a completed by made) N lease Print Clearly)(to be co feted by mailer mro ' � '_ ey-;Zio .( icG��.e(_I'_Jei� -r1raN W!' els ��'�---------- p'- Str Apt- ; PB ox No.�--- Street,Act.No.; O Box.No. C?- v�r.X`l-cam N CJ/r ----------------------------- 0' -- a �.? _•`i -{---J`------------------------------ City State,ZIP 4 C3 Ciry,Sta W ZIP+4 LP) Q- M m7 M CO IO Postage $ 3 Postage $ Cr- Er Certified Fee Certified Fee `•3 p "f�• Postmark � Postmark Q Return Receipt Fee Here' p Return Receipt Fe r� (Endorsement Required) r �-y S (Endorsement Required) v T t s ) Restricted Delivery Fee �� O Restricted Delivery Fee C3 ry p (Endorsement Required) f !`� (Endorsement Required) 0 Total Postage&Fees $ �1 0 Total Postage&Fees Name /e a Print Clearly!)(t be c ett d b mafler L L M N (ease Print Clearly)(to be co leted b aSler) m y W Y� ��� e�- ErStreet,Ap No.;or PO Bo /�/� � "_ '----------- Er Street,A q"cr � —� Cl ----- +� - lY -C4!�1-�-_ ----------------------- CI City Stats ------------------------------------ city, SiaPt4 0*0' �lJ t pi'UO 0 tJ`P Gl/�� (��. (vJ+Da et^r, #;19- Gl d- S— i - , Postage $ ' Cr F , Certified Fee 2.3 6 �J Postman` C3 Return Receipt Fee S fY�Ke (Endorsement Required) C3 Restricted Delivery Fee ` l t M (Endorsement Required) _ "i MTatal Postage&Fees ` rr, NameMm' early(to be plated ailer)� E 1� Nt ClQ- ------------- Street ;or P----No. t , dI -S------------------------------------------- --- P+4t` City Soe AXA OV r, m-q- 4 G'M - . , ? O CC! r� Postage Certified Fee $ r y�' '�~`,` 0 3 � ?ostmar C 1 Return Receipt Fee Here r-3 (Endorsement Required) rA O Restricted Delivery Fee C:3 (Endorsement Required) OO Total Postage&Fees r Name(Please Print Clearly)(t be co lete by made "^ AY�1 U�✓1 - Street A �`'o.; r PO Bo Cr- t4 ----- . 1-r----------------�-- City a Z1P+A&-b D O e� ►„^A- 6 ' fL � r` f r rF Q r 'Article Sent To: C3 cc i rq Postage Certified Fee • Postm,r t Return Receipt Fee Her (Endorsement Required) E�3 Restricted Delivery Fee O (Endorsement Required) 0 M Total Postage&Fees IM is Name(Please Print Clearly)(to be comple by mailer) `�' v �� 1ATI a/+�3 Q— Streef t.No.;or PO Box No. - M C' 42Z.,W 'ever :ra 1 SENDER: . . EXHIBIT "D" ■ Complete items 1,2,and 3.Also complete Tititem 4 if Restricted Delivery is desired. Q Agent ■ Print your name and address on the reverse wb�x�❑Addresser so that we can return the card to.you._ B. Received by(Printed Name) G�JaeLe o eliver) ■ Attach this card to the back of the mailpiece, or on the front if space permits. D. Is delivery address different from item 1? Oy6s 1. Article Addressed to: If YES,enter delivery address below: ❑ No Boston Hill Development, LLC 231 Sutton Street North Andover, MA 01845 3. Service Type Certified Mail ❑ Express Mail Registered Return Receipt fow61521ftodis ❑ Insured Mail ❑C.O.D. 4. Restricted Delivery?(Extra Fee) El Yes 2. Article Number (rransfer from service label) 7099 3400 0010 6918 8364 PS Form 3811,August 2001 Domestic Return Receipt 102595-01-M-25( l , COMPLETE THIS SECTION ON DELIVERY ER-- COMPLETE THIS SECTION ■ Complete items 1,2,and 3.Also complete A. igna r item 4 if Restricted Delivery is desired. ❑Agent ■ Print your name and address on the reverse ❑Addresse so that we can return the card to you. 13. R eived by(Printed Name) C. Date of Deliver ■ Attach this card to the back of the mailpiece, or on the front if space permits. . Is delivery address different from item 11 Yes 1. Article Addressed to: If YES,enter delivery address below: ❑No Trustees of Reservations 572 Essex St. Beverly, 1AA 01915 3. Service Type Certified Mail ❑ Express Mail ❑ Registered turn Receipt r ❑ Insured Mail ❑C.O.D. 4. Restricted Delivery?(Extra Fee) ❑Yes 2. Article Number (Transfer from service label) 7099 3400 0010 6918 8074 PS Form 3811,August 2001 Domestic Return Receipt 102595-01-M-25 COMPLETE •N COMPLETE THIS SECTIONON DELIVERY ■ Complete items 1,2,and 3.Also complete A. S' nacre item 4 if Restricted Delivery is desired. ..r ❑Agent ■ Print your name and address on the reverse ❑Addresser so t that we can return the card to you. B. eived by(Printed Name) C. D to of Deliver) ■ Attach this card to the back of the mailpiece, or on the front if space permits. Z Al L D. Is delivery address different from item 1? ❑Yes 1. Article Addressed to: If YES,enter delivery address below: ❑No Estate of John C. Farnum 426 Farnum St. N. Andover, MA 01845 3. Service Type Certified Mail ❑Express Mail ❑ Registered foineturn Receipt . ❑ Insured Mail ❑C.O.D. 4. Restricted Delivery?(Extra Fee) ❑Yes 2. Article Number (Transfer from service label) 7099 3400 0010 6918 8067 PS Form 3811,August 2001 Domestic Return Receipt 102595-01-M-25C i COMPLETE • • • DELIVERY ■ Complete items 1,2,and 3.Also complete A. Signature item 4 if Restricted Delivery is desired. % /�/ El Agent ■ Print your name and address on the reverse X ❑Addressee k. so that we Can return the Card to you. B. Received by(Printed Name) C. Date of Delivery ■ Attach this card to the back of the mailpiece, G �t7Z-- or on the front if space permits. D. Is delivery address different from item 1? ❑Yes 1. Article Addressed to: If YES,enter delivery address below: ❑ No \ Barnside Realty Corp. 160 Pleasant St. N. Andover, MA 01845 r F 3. Service Type Certified Mail 13 Express Mail /❑ Registered XReturn ReceiptieiQi ❑ Insured Mail ❑C.O.D. 4. Restricted Delivery?(Extra Fee) ❑Yes _,... 2. Article Number (Transfer from service label) 7099 3400 0010 6918 8050 PS Form 3811,August 2001 Domestic Return Receipt 102595-01-M-2509; { •ER: COMPLETE THIS SEPTION / • ON DELIVERY ■ Complete items 1,2,and 3.Also complete A. Received by(Please Print Clearly) B. Date of Delivery item 4 if Restricted Delivery is desired. ■ Print your name and address on the reverse so that we can return the card to you. C nature ■ Attach this card to the back of the mailpiece, ❑Agent or on the front if space permits. ❑Addressee s delivery address different item 1? ❑Yes 1. Article Addressed to: V If YES,enter delivery address below: ❑ No idilliam J. Sullivan, Chairman `ditch, Secretary ; toning Board of Appeals 27 Charles Street 3. Service Type North Andover, MA 01845 M Certified Mail ❑ Express Mail ❑ Registered IN Return ReceiptyiNd Ugk&l'B ❑Insured Mail ❑C.O.D. tt 4. Restricted Delivery?(Extra Fee) ❑Yes f 2. Article Number(Copy from service label) ���II�1I! i s 117Q0011bt7QI021h s1Q9!1 1481 4 !T!��!T!1'1TF17'i37'!T7'r4T!T.'rST77T1TT!T!TTTfF! PS Form nl 1,July 1999 Domestic Return Receipt 102595 00-M-0952 r �O� COMMONWEALTH OF MASSACHUSETTS NORTH ANDOVER ZONING BOARD OF APPEALS IN RE: Legal Notice for Public Hearing on August 13, 2002 Benjamin Famum 397 Famum Street North Andover,MA AFFIDAVIT OF SERVICE I, Francis A. DiLuna, Esquire, being a duly licensed practicing attorney submit this affidavit: 1. On July 16, 2002 my office caused to be mailed to the Certified Abutters List appended hereto as Exhibit "A" a Legal Notice appended hereto as Exhibit `B" relative to North Andover Board of Appeals hearing to be held on Tuesday, August 13`h at 7:30p.m. concerning the above mentioned matter. A copy of the Certified Mail Receipts are appended hereto as Exhibit "C". The Domestic Return Receipt (Green Cards) are appended hereto as Exhibit "D" with the exception of Sharon M. and Francis T. Devon, Dorothy A. and Michael J. Letizia, Mary Letizia Calder and Mary L. Salois whose (Green Cards) have not been returned as of this date. JUL 2 5 2002 BOARD OF APPEALS CERTIFICATE OF SERVICE I, Francis A. DiLuna, Esquire hereby certify that on this 24th day of July, 2002 I served a copy of the foregoing Affidavit of Service by First Class Mail to North Andover Board of Appeals, 27 Charles Street, North Andover, Massachusetts 01845. Benjamin G. u By his ey, C' u a,Esqui BB 639 Mu a Cullina Roc arens & De iacomo, 600 ark Drive Woburn, MA 01801 (781) 933-5505 TOWN OF NORTH ANDOVER EXHIBIT ."A" UST OF PARTIES OF INTEREST: PAGE OF SUBJECT PROPERTY pfnMAP PAR # NAME ADDRESS I 1 t= N ►.,,� C �ZSTT ABUTTERS: 1 b A I i ti 9 o STw U t vL v to L1._C. ►cxD 44 RAS-C -14- S60 a»5 -71 e AN qAw c, -T M 13 2 So sem,u 1 .4-(Z4a, �Z I Lcn Z,,p >c}�cca.1' t�asuv i �S a sc,, ST •• ,• f YVox Lem z i A CQ I " •• , lD�n 13"j 12u�ept oc tYc5�1N$�W S-?Z. Essex Sr_ R.vexLY 014tt 5 ►3 I �Ns�rx 2�a� ► ev Puasa�r ;, Nuan,A dt$�rs ?a I 24151 -. oQrj C EsTarc `1 2b Fi1� t` �. �. t• 2531 •_ � •- -- ... .. �. _. I � I I I I I I I ( I I I i I I I I I I _ BOARD OF APPEALS OW by CERT. BY : B sse>fsor North Andov r l� DATE: Jul -11-02 12 : 12P EXHIBIT "B" Town of North Andoverd �Its;� Office of the Zoning Board of Appeals Community Development and Services Division 27 Charles Street , North Andover,MassachusetLs 01845 emu U.Robert Nicetta 'Telephone(978)688-9541 Fax(978)ht18-9542 Building Commissioner 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 130'of August,2002,at 7:30 PM to all parties interested in the appeal of Benjamin Farnum,397 Farnum Street,North Andover,MA, for premises located at: 5 Boston Street North Andover,MA requesting a Finding as a party aggrieved of the Building Commissioners' Decision on Building Permit#605. Said premises affected is property with frontage on the West side of Boston Street within the Village Residential 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 Fagle'tribune on July 29&August 5,2002. *Also published on July 17, 2002 Legalnotice2002-034 pIC� 1111 JUL 2 5 'Z002 D BOARD OF APPEALS I�')ARD AF APPI:AI%688-9341 RUILDING 688.9545 C0NSLRVAnn0N 698-9530 IIEAT'rH 688-9540 PI.ANNING 688.9535 ■ oma . - - � e - i ® I e ,. o • . . EXHIBIT a or0 . e Y: ca ui ca g .39 P. Postage I$ e 4 Postage $ Cr Certified Fee O O Postrrtaek Certified Fee 2.30 Postmark C:3 Return Receipt Fee �' -Here (Endorsement Required) t Return Receipt Fee 1 1 Here rl s s'•t (Endosement Required) 1.75 f Q Restricted Delivery Fee t {Y' p (Endorsement Required) _ ) Q Restricted Delivery Fee 1 (Endorsement Required) 4 p Total Postage&Fees $ t _ E r; p r Total Postage&Fees 4.42 .42 Na se Pnnt Clearly)( e f mpi by mailed ± - �t ------------------- Er ent m s7a�----- - -�----amu - 116 S To `�• < Stree o or POB No. I1�21g_B07Cd__O __Ap�ea1S_______________________ o..or PO B N >?- --- U v -------------- ----- -- `fIunicipa� building ` n Street, Q C3 city Star.ZIP+4 0 'city,"st2 zra hail�s s greet s �T: © e ; 1A N d i'7 I�Y0`eVat 01,845 ( e • - - o0 C3 r� � I � m Co Ca `G Postage $ r 3 Postage $Er Ir 3 Certified Fee Jr 3Q` �' 6 `i� n^ Certified Fee 2.30- Postmark\ O1 Fostmark�—' Return Receipt Fee �¢ Here Q Return Receipt Fee Here (Endorsement Required) S `t q (Endorsement Required) r ?s M Restricted Delivery Fee d Restricted Delivery Fee O (Endorsement Required) j « p (Endorsement Required) Total Postage&Fees C3 Total Postage&Fees $ f9 M e(Please Print Cle ty)(to a completed by madeL mnot Clearly)(to be co feted by made lease Pro' n � �'- -Er S e Apt.No.; PO Box No._.-- jr- Street Act No. Oo t _ r_N- --------------------- - � 4s� -----_ __-------------------------------- CityState,ZlP+4 t ., .•• . 10 C3 ca o � m Cc ; 3� m-i Postage $ Co Postage $ r . J )G�i.� Er �. ._. Certified Fee ` Certified Fee t- '` Postmark Posta iark Retum Receipt Fee sP, O Return Receipt Fee Here' O (- (Endorsement Required) ! (Endorsement Required) y s t Q Restricted Delivery Fee K_ ' C3 Restricted Delivery Fee M (Endorsement Required) C3 (Endorsement Required) 0 Total Postage&Fees Total Postage&Fees m Nam"ffdlease Print Clearly)(to be co feted by ah ir) ';i m Clearly)a be Pjeted bymad eryy� f Name le a Print !/G/7`+ 7 � Q, 7SY�__Si Ilia!_ Lss� Ar - --------- eet,A t! _:� E Street,Ap No.;or PO Bo Crit fr J �' Y 1 t G State,Z/ ------------ C, St t 6� � - �� ( ' ry • A.K,06 ler, !MI-9- Gl y JUL2 BOARD OF APPEALS CO CZCI Postage $ ` . Er �.h Certified Fee •3� ; 5 Postmark=- Return Receipt Fee +Ygre (Endorsement R wired a eq ) '+ r-3Restricted D Fee , w ; t 0 (Endorsemend) v h C3 Total Postage&Fees m Name{PI rir�t Clearly(to 6e completed ailer) ti 4 1(j S/ J/ t Er Street, t c.;or P No. --------------------- i. +, ty c C!,Sta e, P+4 n j�Ot J �—� » Y:,1.,n4h.t� � 3 7 ,;�� yt� �a�v 1keh�"�c�1 ti�`S•`t 4 4 t`+e�+ ti.•, l it_ ,' ln-k -� ••.e .: - .l+\ :.,,.:;;...,.. ,�., �� au�,.`•m:�Ss.�t��t`h t+p�:iwl`...ni,rear:. t � i �;3h ��S it �t�l�.+� T a��``e ® + h .. 0 rm-i Postage -10 Er Cartied Fee 3v "V 'G _J3fVostmarur+ €Return Receipt Fee Here t "? 0 (Endorsement Required) r �� � v a C3 Restricted Delivery Fee ! O (Endorsement Required) v �` i. Total Postage&Fees Is Q Name(Please Print Clearly)(t be co let by made o ---. -f --- -Air r�u�✓1 -- Q- Street A o.; rPC Bo . F --------------- C3 a ZIP :e/ O 'Article Sent To: C3 Ca cc / ni ti Postage Certified Fee /ostmIf�`'!j ` 4. C3 Return Receipt Fee ! ) Here ;`• (Endersement Required) 1 R. C3 Restricted Delivery Fee C3 (Endorsement Required) _ O `er O Total Postage&Fees M l Name(Please Print Clearly)(to be comple by mater) ----------O-/�------------ Q- Street No.;or PC Box Nd. Er :/1 =1 lob . ' EXHIBIT "D" ■ Complete items 1,2,and 3.Also complete A. Si t item 4 if Restricted Delivery is desired. X 13 Agent Print your name and address-on-the reverse C Addresse so that we can return the card to g. Received by(Printed Name) - Q 8aie o eiiver ■ Attach this card to the back of the mailpiece, , or on the front if space permits. D. Is delivery address differentfrom item 1? rI Yes 1. Article Addressed to: If YES,enter delivery address below: ❑No Boston Hill Development, LLC 231 Sutton Street e North Andover, MA 01845 i 3. Service Type c Certified Mail ❑Express Mail ❑ Registered Retum Receipt#e t i h htii t 1,, k t t ❑ Insured Mail ❑C.O.D. 4. Restricted Delivery?(Extra Fee) ❑Yes 2. Article Number (Transferfrom service label) 7099 3400 0010 6918 8364 i PS Form 3811,August 2001 Domestic Return Receipt 102595-01-M-25 SEN. ER--.COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY ■ Complete items 1,2,and 3.Also complete �702_- item 4 if Restricted Delivery is desired. �+ ❑Agent ■ Print your name and address on the reverse ❑Addresse so that we can return the card to you. g, R eived by(Printed Name) U. Date of Deliver ■ Attach this card to the back of the mailpiece, or on the front if space permits. 16 Is delivery address different from item 1? Yes 1. Article Addressed to: If YES,enter delivery address below: ❑ No Trustees of Reservations 572 Essex St. Beverly, MA 01915 3. Service Type Certified Mail ❑Express Mail ❑ Registered um Receipt fee*' lTi'a ❑ Insured Mail C.O.D. 4. Restricted Delivery?(Extra Fee) ❑Yes 2. Article Number (rransterfrom service labeq 7099 3400 0010 6918 8074 PS Fort 3811,August 2001 Domestic Return Receipt 102595-01-M-25 COMPLETE SECTION •MPLETE THIS SECTION ON DELIVERY ■ Complete items 1,2,and 3.Also complete A. s' na ure item 4 if Restricted Delivery is desired. ❑Agent ■ Print your name and address on the reverse ❑Addresser so that we can return the card to you. B. eived by(Printed Name) C. D to of Deliver. ■ Attach this card to the back of the mailpiece, or on the front if space permits. Gt L D. Is delivery address different from item 1? ❑Yes 1. Article Addressed to: If YES,enter delivery address below: ❑No Estate of John C. Farnum 426 Farnum St. N. Andover, MA 01845 3. Service Type �LCertified Mail ❑Express Mail ❑Registered ,WReturn Receipt f awdise ❑Insured Mail ❑C.O.D. 4. Restricted Delivery?(Extra Fee) ❑Yes 2. Article Number 7099 3400 0010 6918 8067 (Transfer from service/abeQ PS Form 3811,August 2001 Domestic Return Receipt 102595-01-M-25C COMPLETE THIS SECnON ON DELIVERY COMPLETE n:. ■ Complete items 1,2, and 3.Also complete A. Signature item 4 if Restricted Delivery is desired. ❑Agent ■ Print your name and address on the reverse X ❑Addressee so that we can return the card to you. B. Received by(Printed Name) C. Date of Delivery ■ Attach this card to the back of the maiipiece, q Al or on the front if space permits. �' '4 D. Is delivery address different from item 1? ❑Yes 1. Article Addressed to: If YES,enter delivery address below: ❑ No t � t Barnside Realty Corp 160 pleasant St. j " N. Andover, MA 01845 3. Service Type Certified Mail ❑ Express Mail ❑ Registered Return Receipt ❑ Insured Mail ❑C.O.D. 4. Restricted Delivery?(Extra Fee) ❑Yes 2. Article Number { 7099 3400 0010 6918 8050 (Transfer from service label) [ ' PS Form 3811,August 2001 Domestic Return Receipt 102595-01-M-2509COMPLETE THIS SE�PTION COMPLETE THIS SECTION ON DELIVERY : Y ■ Complete items 1,2,and 3.Also complete A. Received by(Please Print Clearly) B. Date of Delivery item 4 if Restricted Delivery is desired. ■ Print your name and address on the reverse C nature so that we card return the card to you. ❑Agent ■ Attach this card to the back of the mailpiece, g or on the front if space permits. ❑Addressee s delivery address different item 1? ❑Yes 1. Article Addressed to: If YES,enter delivery address below: ❑No William J. Sullivan, Chairman 'ditch, Secretary : zoning Beard of Appeals 17 Charles Street 3. Service Type _Vorth Andover, MA 01845 M Certified Mail ❑Express Mail ❑Registered IN Return ReceipR&MMUE s 1 ❑Insured Mail ❑C.O.D. 4. Restricted Delivery?(E)rtra Fee) ❑Yes 2. Article Number(Copy from service labeo - •� IIS II I I ,7200 it7Q1 OQ1Z 4Qq l ,48x34 r���rrraTrrrrr�rrrrrarr�'r�rssr!srr+-rrrrs-rm's�'rrssr—�- ?S Form✓M11,July 1999 Domestic Return Receipt 102595.00-M-0952 MURTHA CULL` -J ROCHE CARENSS� _Acomo 600 UNICORN PARK DRIVE WOBURN,MASSACHUSETTS 01801-3343 1U1?!{�2 �j 0 0. y" 0 4- � h1 Q N METER 5 42 )i1 *� North Andover Zoning Board of Appeals 27 Charles Street 0 North Andover, Massachusetts 01845 JUL 5D 2002 BOARD OF APPEALS ,�i,s + istf•� ss 111,,,,,,111,111,1„1,1,1,,,,it,li,,,li,,,i„1i,i„i,l„1,till Memorandum of Record July 22,2002 Re: Benjamin Farnum 5 Boston Street Finding#2002-034 At the July 9,2002 meeting,a gentleman who said he represented Atty.DiLuna,was asked to "withdraw without prejudice"and he agreed. He then left the Senior Center without signing the document. There was no legal notice printed for petition#2002-034 before the July9th meeting,so in theory,Atty.DiLuna's petition was never officially or legally in front of the Board for a"vote". As such,the"Withdraw without prejudice"motion and vote should be considered a moot item. The petition will be heard on August 13d'after proper legal notification is published and distributed. The August 13,2002 hearing will be within the sixty-five days(65)of MGL Ch.40A§15. William J.Sullivan,Chairman North Andover Zoning Board of Appeals Memorandum—Narrative of the 5 Boston Street Finding 0002-034 Pagel oft M-E-M-O-R-A-N-D-U-M TO: William J.Sullivan,Chairman cc: D.Robert Nicetta,Building Commissioner DATE: July 22,2002 SUBJECT: Narrative of the Benjamin Farnum 5 Boston Street Finding#2002-034 (time-stamped June 13,2002 3:39 PM) June 13,2002,ca.4:OOPM Thursday. Shaun Briere,a summer intern in the law offices of Murtha Cullina Roche Carens&DeGiacomo,LLP,brought the petition,already time- stamped by the Town Clerk's office,and the Murtha Cullina check for$50.00. I am a clerk- typist with 7 months in this job. Legal notices need correct citations and appropriate language. D.Robert Nicetta,Building Commissioner,proofreads the legal notices before they are given to the applicant to be published. Mr.Nicetta was taking June 14, 17, 18 as vacation days. I warned Mr.Briere that Mr.Nicetta might not be able to check the notice before the Eagle- Tribune deadline of 5:OOPM June 19,2002 in order for the notice to be printed the mandated 14 days before the hearing date. June 19,2002,ca. 1:30 PM Wednesday. I faxed the cover sheet with Eagle-Tribune instructions and the legal notice for June 24&July I".to Atty.Francis A.DiLuna. June 24,2002. Maureen of Atty.DiLuna's office called. The Wednesday fax wasn't routed to her office in time;what should they do? I faxed Maureen the relevant dates for the August 13a'meeting. June 25,2002,9:19AM. I faxed the requested"waive time constraint"form to Atty. DiLuna. July 2,2002,3:10 PM. Received the completed"waive time constraints"form but didn't time-stamp it until July 5,2002 9:55 AM. July 9,2002. Phoned and faxed information to Atty.DiLuna's office that there would be a brief discussion of the 5 Farnum Street petition at the Board meeting that night. Atty. DiLuna phoned 3:20 PM that he was scheduled to appear at another hearing that evening;his partner was scheduled to appear at another hearing;and his assistant,Maureen,was on vacation. He asked about North Andover Zoning Board procedures. I didn't feel comfortable answering the questions,and suggested that he call Mr. Sullivan. July 9,2002 Board Meeting. Shaun Briere,summer intern at Murtha Cullina, reqresented the 5 Boston Street petition and presented the July 9,2002 letter. Mr.Sullivan explained that since the legal notice had not been printed,the petition could not appear before the Board. He suggested that the petitioner's representative withdraw the petition without prejudice. The Board so moved,2 d,and voted to allow the withdrawal and re-application for the August 13,2002 meeting. Shaun Briere came to the table to sign,but I could not find the forms and was missing the next agenda item,so I asked Shaun Briere if I could fax the form. He said yes. July 11,2002. 1 faxed the legal notice for July 29&August 5`�.,and the'withdraw without prejudice"to Atty.DiLuna,using the Lawrence-Eagle Tribune information cover sheet. July 16,2002. Typed the"Withdraw without prejudice"decision. Memorandum—Narrative of the 5 Boston Street Finding#2002-034 Page 2 of 2 July 17,2002. Received the Registered,return receipt requested July 15,2002 letter from Atty.DiLuna. July 17,2002,7:00 PM. Special Zoning Board meeting at 27 Charles Street to reconsider July 9 decisions. The Zoning Board agreed to hear the petition if the legal notice is published. Michel Glennon ZBA clerk. i July 19,2002 Francis A.DiLuna,Esq. Murtha Cullina Roche Carens&DeGiacomo,LLP 600 Unicorn Park Drive Woburn,Massachusetts 01801-3343 Re: Application for a Finding—5 Boston Street Dear Attorney DiLuna The North Andover Zoning Board of Appeals met in a special session on July 17,2002 to reconsider the Benjamin Farnum petition#2002-034 for 5 Boston Street,North Andover and voted to continue the petition to the August 13,2002 meeting. Please make arrangements to attend the Zoning Board of Appeals meeting starting at 7:30 PM on August 13,2002 in the Senior Center, 120R Main Street,North Andover,MA for this continuation. Sincerely, William J. Sullivan,Chairman North Andover Zoning Board of Appeals WJS:mg CC: ZBA i D.Robert Nicetta File I Town of North Andover Zoning Board of Appeals 27 Charles Street Zoning Board of North Andover,Massachusetts 01845 Appeals phone: 978-688-9541 fax: 978-688-9542 To: Francis A. DiLuna, Esq. Re: Finding petition for 5 Boston Street Fax: 781-933-1530 Pages: 2. Phone: 781-933-5505 Date: 7/19/02 ❑ Urgent ❑ For Review ❑Please Comment "Please Reply ❑CC: This fax is to confirm the 7-19-02 telephone conversation concerning the 5 Boston Street petition. The petition will be on the August 13,2002 agenda. Attached please find the ZBA's`Waive time constraints"form. R HP OfficeJet Fax Log Report Personal Printer/Fax/Copier Jul-19-02 05:04 PM Last Fax Identification Result Pages Tyne Date Time Duration Diagnostic 817819331530 OK 02 Sent Jul-19 05:01P 00:00:30 002582030022 r.zo z.a MURTHA CULLINA 600 UNICORN PARK DRIVE ROCHE CARENS & DEGIACOMO WOBURN,MASSACHUSETTS 01801-3343 A L I M B T E D L I A 6 1 L I T Y P A R T N E R S H I P TELEPHONE(781)933-5505 FACSIMILE (781)933-1530 www.murthalaw.com July 15, 2002 BY CERTIFIED MAIL AND TELECOPY: (978) 688-9542 Attn: William J. Sullivan, Chairman Mitch, Board of Appeals Secretary Zoning Board of Appeals Municipal Building 27 Charles Street North Andover, MA 01845 RE: Application for a Finding 5 Boston Street North Andover MA Dear Chairman and Mitch: After reviewing the July 2, 2002 application, G. L. c. 40A, §15 and supporting case law, please be advised that I will cause publication and notice to the abutters for the August 13, 2002 Board of Appeals meeting. You have brought to my attention that the Board has requested that I withdraw the subject Application without prejudice. I contend that such a withdrawal may be appropriate in a situation concerning a variance or special permit, not an appeal of a building commissioner's decision. Pursuant to G. L. c. 40A, §15, an appeal to the Board of Appeals concerning a decision of a zoning administrator has to have been taken within thirty (30) days of the administrator's action. Such an appeal was timely made. The Board of Appeals is required to hold a public hearing on the application within sixty-five (65) days from the receipt of application. I caused the subject application to be filed with the Town Clerk and the Board of Appeals on June 13, 2002. Consequently,the Board has until August 17, 2002 to hold fl � 0WqE 111 L 17 , 200 B O S T O N H A R T F O R D N E W H A V E N W O B U R N BOARD OF APPEALS MURTHA CULLINA ROCHE CARENS & DEGIACOMO Zoning Board of Appeals Page Two July 15, 2002 the public hearing. Such a hearing may be continued if necessary after opening. The Board meets on August 13, 2002 at which time this matter has already been scheduled. My actions in causing notice and publication to go forward rather than withdrawing without prejudice and re-applying is consistent with the ruling of Elio v. Zoning Board of Appeals of Barnstable, App. Ct. Docket No. 00-P-1860 (July 11, 2002). /r If you have any questions concerning the above, please contact me,,6r have Town Counsel call me at (781) 933-5505. I thank you for your kind courtesies concerning this,-n-at#er: ery truly y rs, Fr A. D una FAD/mjf Search Result Page 1 of 6 NOTICE: The slip opinions and orders posted on this Website are subject to formal revision and are superseded by the advance sheets and bound volumes of the Official Reports. This preliminary material will be removed from the Website once the advance sheets of the Official Reports are published. If you find a typographical error or other formal error, please notify the Reporter of Decisions, Supreme Judicial Court, Room 1407, Boston, MA 02108; (617) 557-1030; clifford.allen@sjc.state.ma.us Anthony ELIO, trustee, [FN1] vs. ZONING BOARD OF APPEALS OF BARNSTABLE & another [FN2] (and a companion case [FN3]). No. 00-P-1860. May 14, 2002. - July 11, 2002. Present: Cypher, Mason, & Kafker, JJ. Zoning, Board of appeals:jurisdiction, Appeal to board of appeals, Building inspector,Enforcement. Civil actions commenced in the Land Court Department on June 18, 1999. The cases were heard by Leon J. Lombardi, J., on motions for summary judgment. Ruth J. Weil, First Assistant Town Attorney, for Zoning Board of Appeals of Barnstable. Jeffrey P. Allen for Anthony Elio. MASON, J. The defendants, the zoning board of appeals of the town of Barnstable (board), Mary M. Crowley and Elisabeth Eaton Clark, appeal from a Land Court judge's grant of summary judgment annulling for lack of jurisdiction two separate decisions of the board. The first decision, on an appeal by Crowley, had ordered revocation of a building permit authorizing the plaintiff, Anthony Elio, acting as trustee of the Osterville Village Realty Trust (trust), to make certain renovations to a building he owned in Barnstable.The second decision had granted a separate request by Clark for enforcement of the zoning ordinance with respect to the renovations. The judge ruled that the board lacked jurisdiction over the Crowley appeal because she had not filed the appeal within thirty days of the issuance of the building permit, as required by G.L. c. 40A, § 15. The judge further ruled that the board lacked jurisdiction over the Clark appeal because the building commissioner had not made any written response denying her enforcement request, as required by G.L. c. 40A, § 7. We agree with both these rulings and therefore affirm the judgment. Background. On November 4, 1998, the Barnstable building commissioner (commissioner) issued a permit authorizing certain renovations to a building owned by the plaintiff and located on Main Street in Barnstable. During the course of work under the permit, however, the commissioner received a complaint that the renovations underway exceeded the work authorized under the permit. The commissioner and the plaintiff agreed to an amendment of the permit in January of 1999. Rather than satisfying the complaining neighbors, however, the amendment prompted further complaints that the proposed work violated the Barnstable zoning ordinance (ordinance). The commissioner issued a stop work order pending his investigation of the complaints, but the commissioner "reinstated" the permit [FN4] by letter to the plaintiff dated January 19, 1999. More complaints from abutting landowners followed: by letter dated January 21, 1999, the defendant Clark complained to the commissioner that she believed the proposed construction did not conform to the ordinance, and an attorney for the defendant Crowley sent a letter, dated January 25, 1999, stating that the plans on file at the @o ffi*16 office were "inaccurate and incorrect," and requesting that the building permit "be JUL 17 2002 BOARDtU Hwebli ks westlaw.com/Find/Default_F.wl?DB=MA%2DORSLIP&DOLOCATE=Loi... 7/12/2002 Search Result Page 2 of 6 terminated until true, accurate and complete plans are submitted...." The commissioner met with Clark, and advised her that she should file an appeal with the board if she disagreed with his decision to reinstate the permit. The commissioner then assisted Clark in completing the appeal application form. Clark filed the completed form (which described her appeal as an "enforcement action," based on her charge that "current construction is in violation of parking and story requirements") with the board on January 26, 1999. On February 17, 1999, an attorney representing Crowley filed an appeal with the board. Crowley's appeal sought "Revocation of Building Permit#34521"; "complience [sic ] w/MGL Chapt 148 Sec 38A & CMR 9.00"; and "complience [sic ] w/MGL Chapt 21E 310 CMR 40.000." [FN5] The board convened a hearing on both the Clark and Crowley applications on March 24, 1999, and continued the hearing on two successive occasions. The plaintiff challenged both appeals on the same jurisdictional grounds asserted here, but the board rejected the plaintiff's jurisdictional challenges and issued separate decisions revoking the permit and directing the commissioner to enforce the ordinance. The plaintiff appealed the board's decisions to the Land Court in two separate actions, which were treated together in the grant of summary judgment described above. Discussion. We review the judge's award of summary judgment to determine whether he correctly decided that, "viewing the evidence in the light most favorable to the nonmoving party, all material facts [had] been established and the moving party [was] entitled to a judgment as a matter of law." Augat, Inc. v. Liberty Mut. Ins. Co., 410 Mass. 117, 120 (1991). 1.Annulment of the Crowley decision. As G.L. c. 40A, § 8, inserted by St.1975, c. 808, § 3, provides, "An appeal to the permit granting authority as the zoning ordinance or by- law may provide, may be taken by ... any person ... aggrieved by an order or decision of the inspector of buildings, or other administrative official, in violation of any provision of this chapter or any ordinance or by-law adopted thereunder." This section permits appeals from the issuance of a building permit. See Lanner v. Board of Appeal of Tewksbury, 348 Mass. 220, 221-223 (1964) (construing similar language contained in prior version of G.L. c. 40A). See also Neuhaus v. Building Inspector of Marlborough, 11 Mass.App.Ct. 230, 232-233 (1981). However, § 15 of c. 40A provides that "[a]ny appeal under section eight to a permit granting authority shall be taken within thirty days from the date of the order or decision which is being appealed." Any appeal from the issuance of a building permit therefore must be brought within thirty days of the date of such issuance. See Kolodny v. Board of Appeals of Brookline, 346 Mass. 285, 288 (1963); Greeley v. Zoning Bd. of Appeals of Framingham, 350 Mass. 549, 552 (1966). In addition to the foregoing right of direct appeal from a building permit or other order of an officer charged with enforcement of a zoning ordinance, the statute provides that, irrespective of the existence of any such permit or order, a person may make a written request to the officer to enforce the zoning ordinance and then, if that request is denied in writing, may appeal the denial to the board within the time prescribed by § 15. See G.L. c. 40A, §§ 7, 8. More specifically, § 7 provides that an appropriate officer or board "shall be charged with the enforcement of the zoning ordinance or by-law and shall withhold a permit for the ... alteration ... of any building ... if the building ... as ... altered ... would be in violation of any zoning ordinance or by-law." Section 7, as amended by St.1986, c. 557, § 55, further provides that "If the officer or board charged with enforcement of zoning ordinances or by-laws is requested in http://weblinks.westlaw.com/Find/Default_F.wl?DB=MA%2DORSLIP&DOLOCATE=Lo,... 7/12/2002 Search Result Page 3 of 6 writing to enforce such ordinances or by-laws against any person allegedly in violation of the same and such officer or board declines to act, he shall notify, in writing, the party requesting such enforcement of any action or refusal to act, and the reasons therefor, within fourteen days of receipt of such request." I Section 8, in turn, provides that an appeal to the permit granting authority may be taken "by any person aggrieved by reason of his inability to obtain a permit or enforcement action ..." (emphasis added). As the court recognized in Brady v. Board of Appeals of Westport, 348 Mass. 515, 519-520 (1965), such an alternative remedy is necessary because persons aggrieved by the issuance of a building permit or other order may not even know of the permit or order until the appeal period has expired. [FN6] This is because no notice of the permit or order to interested third persons is required. In the present case, Crowley did not appeal from the commissioner's issuance of the building permit until after the thirty-day appeal period had expired. Nor did she make any written request to the commissioner for enforcement of the zoning ordinance. To the contrary, in her letter to the commissioner dated January 25, 1999, Crowley complained only that the plans pertaining to the renovations that were on file at the commissioner's office were "inaccurate and incorrect." She did not allege that the renovations themselves failed to comply with any provision of the zoning ordinance or request enforcement of any such provision. The defendants nevertheless contend that the board had jurisdiction over Crowley's appeal because Crowley in fact was appealing from the commissioner's reinstatement of the building permit on January 19, 1999, rather than the commissioner's earlier grant of the permit on November 4, 1998, and hence, the appeal was timely because it was filed with the board on February 17, 1999, which was within thirty days of January 19. The defendants point particularly to the fact that, whereas the commissioner stated at the time he was reinstating the permit that "I have determined that you have a grandfathered right to one apartment" and also placed certain conditions on the use of an access to the building's attic and dormer, Crowley's appeal stated that the permit should be revoked because there was no prior use of the building as an apartment and the building's configuration failed to comply with other provisions of the zoning ordinance. In fact, Crowley's appeal stated in its main body that Crowley was seeking repeal of"Building Permit #34521," which was the original permit issued to the plaintiff. The attachment to Crowley's application further stated that Crowley was asking the board to "[r]evoke Building Permit# 34521 dated 11-4- 98." The appeal nowhere stated that it was asking the board to revoke the commissioner's reinstatement letter of January 19, 1999, rather than the original permit. We therefore agree with the judge that Crowley's appeal was from the initial grant of the permit on November 4, 1998, rather than from the reinstatement of the permit on January 19, 1999. See and compare DiGiovanni v. Board of Appeals of Rockport, 19 Mass.App.Ct. 339, 345 (1985) ("boards cannot grant unrequested relief"). We accordingly conclude that the judge properly annulled the Crowley decision because the appeal was not brought within the thirty-day period mandated by G.L. c. 40A, § 15. 2.Annulment of the Clark decision. As set forth above, G.L. c. 40A, § 7, provides that if the officer charged with enforcing the zoning ordinance or by- law declines to act on an enforcement request, he shall "notify, in writing, the party requesting such enforcement of any action or refusal to act, and the reasons therefor, within fourteen days of receipt of such request" (emphasis added). In Vokes v. Avery W. Lovell, Inc., 18 Mass.App.Ct. 471, 475-480 (1984), this court held that, under § 7, a written decision from a building inspector was the operative event for purposes of an aggrieved person's right http://webli nks.westl aw.com/Find/Default_F.wl?DB=MA%2DORSLIP&DOLOCATE=Lo,... 7/12/2002 Search Result Page 4 of 6 of appeal and, hence, those rights would not expire until thirty days after the inspector had rendered such a written decision even when the inspector did not in fact do so until after the fourteen-day response period set forth in § 7 had expired. In reaching this result in Vokes, we noted that "[sjection 7 is unambiguous in requiring a response fin writing' with 'the reasons therefor' when a building inspector'declines to act' on a request for enforcement." Id. at 477. We further noted that there was no indication in either § 7 or § 8 that "a building inspector's failure to respond within fourteen days to an enforcement request is to be deemed a constructive denial of the request for purposes of setting in motion the thirty-day appeal period provided by § 15." Id. at 477-478. We then stated the following: "In some cases ... a building inspector may not be able to act on a request within fourteen days for legitimate reasons, such as (for example) the inspector's need to obtain further information from the complaining parties to clarify the nature of the complaint or his need to consult with other municipal boards or officers having an interest in the matter. In our view, the fourteen day requirement in § 7 'relates only to the time of performance of a duty by a public officer and does not go to the essence of the thing to be done'; therefore it is directory and not mandatory. We conclude that the date or, which a zoning enforcement officer responds in writing to a § 7 request for enforcement creates the appealable decision contemplated by § 8 and becomes the date for measuring the thirty-day appeal period set forth in § 15." Id. at 479. (Citations and footnotes omitted.) In the present case, the commissioner did not provide any written denial of Clark's enforcement request, stating the reasons for such denial. Rather, he merely advised Clark to pursue an appeal and helped her fill out a form purporting to do so. There was therefore no appealable decision as contemplated by § 8. Nevertheless, citing Hogan v. Hayes, 19 Mass.App.Ct. 399, 402-403 (1985), and Worcester County Christian Communications, Inc. v. Board of Appeals of Spencer, 22 Mass.App.Ct. 83, 84-86 (1986), the defendants contend that the absence of a written denial of Clark's enforcement request should have been excused in this case because the commissioner submitted an affidavit in which he stated that he believed that his letter of January 19, 1999, constituted a written denial of the neighbors' enforcement requests, and because the plaintiff failed to show that he had suffered any prejudice from the commissioners failure to provide any other writing. As the judge explicitly recognized, however, the commissioner's letter of January 19, 1999, was written before Clark's January 26, 1999, written enforcement request, not after she had made such a request. The January 19, 1999, letter therefore could not have constituted a written denial of Clark's enforcement request. Moreover, we did not hold in either of the decisions cited by the defendants that a building commissioner or a board could render inapplicable the plain requirements of§ 7 merely by misconstruing them in the manner occurring in this case. Rather, we held only that the absence of a written response from the building inspector was a defect that could be waived if it was not timely raised or objected to. See Hogan v. Hayes, supra at 402-403; Worcester County Christian Communications, Inc. v. Board of Appeals of Spencer, supra at 85-86. Here, however, counsel for the plaintiff did assert before the board in a timely manner that there was no case properly before the board due to the commissioner's failure to render any written decision denying any written enforcement request. There was therefore no waiver of the § 7 requirements. In view of these circumstances, we could not hold that the board had power to entertain the Clark appeal without ignoring the plain requirements of§ 7. We have no power to reach such a result even http://weblinks.westl aw.com/Find/Default_F.wl?DB=MA%2DORSLIP&DOLOCATE=Lo,... 7/12/2002 Search Result Page 5 of 6 if we were inclined to do so. See ROPT Ltd. Partnership v. Katin, 431 Mass. 601, 603 (2000) (court cannot ignore statute's plain words). In fact, unlike its predecessor, G.L. c. 40A, as amended by the Zoning Act of 1975, St.1975, c. 808, § 3, is a "comprehensive statutory scheme." [FN7] Nantucket Land Council, Inc. v. Planning Bd. of Nantucket, 5 Mass.App.Ct. 206, 208-209 (1977) (construing Subdivision Control Law, G.L. c. 41, §§ 81K et seq.), and cases cited. Section 7 sets up a simple administrative procedure whereby a person seeking enforcement of a local zoning ordinance or by-law against any other person allegedly violating the ordinance or by-law can make a request in writing for such enforcement to the building commissioner or other local official charged with enforcement of the ordinance or by-law, and ordinarily will receive a written response to such request, with a statement of reasons for the response, within fourteen days. Sections 8 and 15 further provide that, if the enforcement request is denied, any person aggrieved by the denial may appeal to the local permit granting authority, so long as they do so within thirty days from the date of such written denial. We think that it would interfere with the effectiveness of this procedure, and encourage precisely the type of litigation which the procedure was designed to replace, if we were to ignore the written decision requirement even under the circumstances presented here. See Vokes v. Avery W. Lovell, Inc., 18 Mass.App.Ct. at 478 &n. 10. We therefore conclude that the judge properly annulled the Clark decision due to the commissioner's failure to provide any written response to Clark's enforcement request. In reaching this result, we recognize that Clark is being penalized for having relied on the commissioner's advice to proceed with her appeal even though he had failed to provide any such written response to Clark's enforcement request. We have previously noted, however, that "those who deal with the Government are expected to know the law and may not rely on the conduct of Government agents contrary to law." Stadium Manor, Inc. v. Division of Administrative Law Appeals, 23 Mass.App.Ct. 958, 962 (1987), quoting from Heckler v. Community Health Servs. of Crawford County, Inc., 467 U.S. 51, 63 (1984). See Ferrante v. Board of Appeals of Northampton, 345 Mass. 158, 163 (1962), quoting from V.F. Zahodiakin Engr. Corp. v. Zoning Bd. of Adjustment of Summit, 8 N.J. 386, 396 (1952) ("The plaintiff landowner is presumed to have known of the invalidity ... and to have acted at his peril"). We also note, as did the Land Court judge, that Clark (or Crowley) can still file an entirely new request for enforcement with the commissioner should she choose to do so, and thereafter obtain any relief to which she is entitled under the zoning ordinance with respect to the plaintiffs building. See G.L. c. 40A, § 7. Judgments affirmed. FN1. Of Osterville Village Realty Trust. FN2. Mary M. Crowley. FN3. Anthony Elio, trustee, vs. Zoning Board of Appeals of Barnstable & another. FN4. A more precise description would be that he revoked the stop work order. http://weblinks.westlaw.com/Find/Default_F.wl?DB=MA%2DORSLIP&DOLOCATE=Lo... 7/12/2002 Search Result Page 6 of 6 FNS. The record does not indicate the basis on which Crowley sought enforcement of G.L. c. 21E, which deals with hazardous waste, under the zoning ordinance. FN6. Prior to enactment of the new Zoning Act in 1975, mandamus was the alternative remedy available to enforce the zoning regulations. See Brady v. Board of Appeals of Westport, 348 Mass. at 520. See also Bobrowski, Massachusetts Land Use & Planning Law § 7.2, at 264 (1993). FN7. We have previously observed the importance of adhering strictly to the framework established by such a comprehensive scheme. See, e.g., Cassani v. Planning Bd. of Hull, 1 Mass.App.Ct. 451, 457 (1973); Bingham v. City Council of Fitchburg, 52 Mass.App.Ct. 566, 571 (2001). http://weblinks.westlaw.com/Find/Default_F.wl?DB=MA%2DORSLIP&DOLOCATE=Lo,... 7/12/2002 MURTHA CULLINA ROCHE CARENS & DEGIACOMO 1�0 :.' Q U.S.POS,AGE 2. L IMIrEo L I.e1 L I,. P. wrIEAsM IP 600 UNICOkN PARK DRIVEt n7 4. . . 1 WOBURN,MASSACHUSETTS 01801-3343 1 } !` O 4. . MA HME - 7000 1670 0012 1291 4834 � 0co 2 � N mZ� �N T Attn: William J. Sullivan, Chairman co Mitch, Board of Appeals Secretary Q Zoning Board of Appeals Municipal Building JUL 7 7 2002 27 Charles Street o o� 3r�C�� North Andover, MA 01845 wC= Zm,)OzD� BOARD OF APPEALS - pCD - • o m l .• • .•• � � I I 1 Sent By: MURTHA CULLINA; 781 933 1530; Jul-15-02 4:33; Page 1 MURT.HA CULLJNA 6WUNI(_o1LNPARK DRIVE ROC14E CARENS & DEGIACOMO WOBURN,MASSAC:11USLTTS01801-3343 A L I M I T E D I ) A b J C I T Y P A R I' M E R G HIS TL'LUMONL•(78 L)933-55[15 1ACS1M1i.L (781)911-1530 lVW W,(IIU7f1319W.CU1 July 15, 2002 BY CERTIFIED MAIL AND TELE COPY: (978)688-9542 Atrn: William J. Sullivan, Chainnan Mitch,Board of Appeals Secretary Zoning Board of Appeals Municipal Building 27 Charles Street North Andover,MA 01845 RE: Application for a Finding(5 Boston Street North Atiduver,MA) Dear Chairman and Mitch: After reviewing the July 2, 2002 application, G. L. c. 40A, §15 and supporting case law, please be advised that I will cause publication and notice to the abutters for the August 13,2002 Board of Appeals meeting. You have brought to my attention that the Board has requested that I withdraw the subject Application without prejudice. 1 contend that stich a withdrawal may be appropriate in a situation concerning a vaiiancc or special permit, not an appeal of a building commissioner's decision. Pursuant to G. L. c.40A, §15,an appeal to the Board of Appeals concerning a decision of a zoning administrator has to have been taken within thirty (30) days of the administrators action. Such an appeal was timely made. The Board of Appeals is recluirud to hold a public hearing on the application within sixty-five(65)days from the receipt of application. I caused the subject application to be filed with the Town Clerk and the Board of Appeals on June 13,2002. Consequently,the Board has until August l7,2002 to hold p � C� C� Od � I' l� JULN II A R T I; C) R D N E W it A M E N W O Ii U R N i � �0�2 BOARD OF APPEALS Sent By: MURTHA CULLINA; 781 933 1530; Jul-15-02 4:34; Page 2 MURTHA CUI.LINA ROC HE CARENS & DEGIACOMO Zoning Board of Appeals Page Two July 15,2002 the public hearing. Such a hearing may be continued if necessary after Opening_ The Board meets on August 13, 2002 at which time this matter has already been scheduled. My actions in causing notice and publication to go forward rather than withdrawing without prejudice and re-applying is consistent with the ruling of Elio v- Zoning Board of Appeals(#'Barnstable, App. Ct. Docket No.00-P-1860 (July 11, 2002). If you have any questions concerning the above, please contact rn ,6T have Town Counsel call me at(781)933-5505- I thank 33-5505_1thank you for your kind co urtesies concerning this. ner. Ater truly y rs, Fr- A. D' una FAD/mjf �_1f. Sent By: MURTHA CULLINA; 781 933 1530; Jul-15-02 4:34; Page 3 Search Result NOTICE: The slip opinions and orders posted on this Website are subject to formal revision and are superseded by the advance:sheets and bound volumes of the Official Reports.This preliminaiy material will bL removed from the Website once the advance sheets of the Official Reports are published.if you find a typographical error or other formal error,please notify the Reporter of Decisions,Supreme Judicial Court,Room 1407,Boston, MA 02108,- (617)557-1030; clifforo.allen @ sjc.state,ma.us Anthony EL10,trustee, [FN I] vs. "ZONING BOARD OF APPEALS OF BARNSTABLE& another[FN2] (and a companion case [FN3]). No.00-P-1860. May 14,2002- -July 11,2002. Present:Cypher,Mason,&Kafker,JJ. Zoning, Board of appeals_jurisdiction, Appeal to board of appeals, Building inspector,Enforcement. Civil actions commenced in the Land Court Department on June 18, 1999. The cases were heard by Leon J. Lombardi, J.,on motions for summary judgment. Ruth J. Weil, First Assistant Town Attorney,for Zoning Board of Appeals of Barnstable. Jeffrey P. Allen for Anthony Elio. MASON,J. The defendants,the zoning board of appeals of the town of Bamstable (board),Mary M.Crowley and Elisabeth Eaton Clark, appeal from a rand Court judge's grant of summary.judgment annulling for lack of jurisdiction two separate decisions of the board.The first decision,on an appeal by Crowley, had ordered revocation of a building permit authorizing the plaintiff,Anthony Elio,acting as trustee of the Osterville Village Realty Trust(trust), to make certain renovations to a building he owned in Barnstable. The second decision had granted a separate request by Clark for enforcement of the zoning ordinance with respect to the renovations. The judge ruled that the board lacked jurisdiction over the Crowley appeal because she had not filed the appeal within thirty days of the issuance of the building permit, as required by G.L.c.40A, § 15. The judge further ruled that the board lacked jurisdiction over the Clark appeal because the building commissioner had not made any written response denying h6T enforcement request,as required by G.L. c.40A, § 7.We agree with both these rulings and therefore affirm the judgment. Background. On November 4, 1998,the Barnstable building commissioner(commissioner)issued a permit authorizing certain renovations to a building owned by the plaintiff and located on Main Sweet in Barnstable.During the course of work under the permit,however, the commissioner received a complaint that the renovations underway exceeded the work:.authorized under the permit.The commissioner and the plaintiff agreed to an amendment of the permit in January of 1999.Rather than satisfying the complaining neighbors,however,the amendment prompted further complaints that the proposed work violated the Barnstable zoning ordinance(ordinance).The commissioner issued a stop work order pending his investigation of the complaints,but the commissioner"reinstated" the permit [FN4)by letter to the plaintiff dated January 19, 1999.More complaints from abutting landowners followed:by letter dated January 21, 1999,the defendant Clark complained to the commissioner that she believed the proposed construction slid not conform to the ordinance,and an attorney for the defendant Crowley sent a tetter,dated January 25, 1999,stating that the plans on file at the commissioner's office were "inaccurate and incorrect," and requesting that the building permit"be http://webli rtks.westlaw.com/FindlDefault�F.wl7DB=MA%2DORSLIP&DOLOCATE=La... 7/12/2002 Sent By: MURTHA CULLINA; 781 933 1530; Jul-15-02 4:34; Page 418 Search Result terminated until true,accurate and complete plans are submitted...." The commissioner met with Clark,and advised her that she should file an appeal with the board if she disagreed with his decision to reinstate the permit.The commissioner then assisted Clark in completing the appeal application form.Clark filed the completed form.(which described her appeal as an "enforcement action," based on her charge that"current construction is in violation of parking and story requirements")with the board on January 26, 1999. On February 17, 1999,an attorney representing Crowley filed an appeal with the board. Crowley's appeal sought Revocation of Building Permit#34521"; "complience [sic]w/MGL C;hapt 148 Sec: 39A&CMR 9.00";and"complience [sic] w/MGL Chapt 219 310 CMR 40-000." [FN5] The board convened a hearing on both the Clark and Crowley applications on March 24, 1999, and continued the hearing on two successive occasions.The plaintiff challenged both appeals on the same jurisdictional grounds asserted here,but the board rejected the plaintiff's jurisdictional challenges and issued separate decisions revoking the permit and directing the commissioner to enforce the ordinance.The plaintiff appealed the board's decisions to the Land Court in two separate actions, which were treated together in the grant of summary judgment described above. Discussion. We review the judge's award of summary judgment to determine whether he correctly decided that, "viewing the evidence in the light most favorable to the nonmoving party,all material facts [had] been established and the moving party [was]entitled to a judgment as a matter of law." Augat, Inc.. v. Liberty Mur_ Ins. Co., 410 Mass. 117, 120(1991). 1.Annulment of the Crowley decision. As G.L. c. 40A, § 8,inserted by St-1975,c. 808, § 3,provides, "An appeal to the permit granting authority as the zoning ordinance or by-law may provide,may be taken by ... any person ... aggrieved by an order or decision of the inspector of buildings,or other administrative official,in violation of any provision of this chapter or any ordinance or by-law adopted thereunder." This section permits appeals from the issuance of a building Vermit. See Lanner v. Board of Appeal of Tewksbury, 348 Mass. 220,221-223 (1964)(construing similar language contained in prior version of G.L.c.40A). See also Neuhaus v. Building Inspeclor of Mat-lborough, 11 Mass.App.Ct. 230,232-233 (1981). 11owever, § 15 of c. 40A provides that ,[a]ny appeal under section eight to a permit granting authority shall he taken within thirty days from the date of the order or decision which is being appealed." Any appeal from the issuance of a building permit therefore must be brought within thirty days of the date of such issuance. See Kolodny v. Board of Appeals of Brookline, 346 Mass. 285, 288 (1963); Greeley v. Zoning 8d. ot'Appeals of Framingham, 350 Mass. 549, 552(1966). In addition to the foregoing right of direct appeal from a building permit or other order of an officer charged with enforcement of a zoning ordinance, the statute provides that,irrespective of the existence of any such permit or order,a person may make a written request to the officer to enforce the zoning ordinance and then,if that request is denied in writing,may appeal the denial to the board within the time prescribed by § 15. See G.L. c. 40A, §§7, 8.More specifically, §7 provides that an appropriate officer or board "shall be charged with the enforcement of the zoning ordinance or by-law and shall withhold a permit for the ... alteration ...of any building ... if the building ... as ... altered ... would be in violation of any zoning ordinance or by-law." Section 7,as amended by St.1986,c. 557, § 55,further provides that "If the officer or board charged with enforcement of zoning ordinances or by-laws is rcquestcd in http://weblinks.westlaw.com/Find/Default_F.wl'?DB=MA%2DORSt.fP&DOLOCATE-La.-. 7/12/2002 Sent By: MURTHA CULLINA; 781 933 1530; Jul-15-02 4:35; Page 5/8 —• r Ugc, a v, v Search Result writing to enforce such ordinances or by-laws against any person allegedly in violation of the same and such officer or board declines to act,he shall notify,in writing,the party requesting such enforcement of any action or refusal to act,and the reasons therefor, within fourteen days of receipt of such request." Section 8,in turn,provides that an appeal to the permit granting authority may be taken"by any person aggrieved by reason of his inability to obtain a permit or enforcemenr action ..."(emphasis added). As the court recognized in Brady v. Board of Appeals of Westport, 348 Mass_ 515,519-520(1965), such an alternative remedy is necessary because persons aggrieved by the issuance of a building permit or other order may not even know of the permit or order until the appeal period has expired. [FN6]This is because no notice of the permit or order to interested third persons is required. In the present case,Crowley did not appeal from the commissioner's issuance of the building permit until after the thirty-day appeal period had expired.Nor did she make any written request to the commissioner for enforcement of the zoning ordinance.'1'o the contrary, in her letter to the corrunissioner dated January 25, 1999,Crowley complained only that the plans pertaining to the renovations that were on file at the commissioner's office were"inaccurate and incorrect." She did not allege that the renovations themselves failed to comply with any provision of the zoning ordinance or request enforcement of any such provision. The defendants nevertheless contend that the board had jurisdiction over Crowley's appeal because Crowley in fact was appealing from the commissioner's reinstatement of the building permit on January 19, 1999,rather than the cornmissioner's earlier grant of the permit on November 4, 1998, and hence,the appeal was timely because it was filed with the board on Pebrttary 17, 1999,which was within thirty days of January 19.The defendants point particularly to the fact that,whereas the commissioner stated at the time he was reinstating the permit that"I have determined that you have a grandfathered right to one apartment" and also placed certain conditions on the use of an access to the building's attic and dormer,Crowley's appeal stated that the permit should be revoked because there was no prior use of the building as an apartment and the building's configuration failed to comply with other provisions of the zoning ordinance. In fact,Crowley's appeal stated in its main body that Crowley was seeking repeal of"Building Permit #34521,"which was the original permit issued to the plaintiff'_The attachment to Crowley's application further stated that Crowley was asking the board to "[r]evoke Building Permit#34.521 dated 11-4-98."The appeal nowhere stated that it was asking the board to revoke the commissioner's reinstatement letter of January 19, 1999,rather than the original permit. We therefore agree with the judge that Crowley's appeal was from the initial grant of the:permit on November 4, 1.998,rather than from the reinstatement of the permit on January 19, 1999. See and compare DiGiovanni v. Board of Appeals of Rockport, 19 Mass.App.Ct. 339, 345 (1985) ("boards cannot brant unrequested relief`). We accordingly conclude that the judge properly annulled the Crowley decision because the appeal was not brought within the thirty-day period mandated by G.L. c.40A, § 15. 2.Annulment of the Clark decision. As set forth above,G.L:e.40A, §7,provides that if the officer charged with enforcing the zoning ordinance or by- law declines to act on an enforcement request,he shall "notify,in writing, the party requesting such enforcenwnt of any action or refusal to act,and the reasons therefor,within fourteen days of receipt of such request" (emphasis added). In Vokes v_Avery W. Lovell. Inc., 18 Mass.App.Ct.471,475-480(1984), this court held that,under§ 7,a written decision from a building inspector was the operative event for purposes of an aggrieved person's right http://weblinks_westlaw.cotn/Find/Default_F.wl?DB=MA%2DORSLIP&DOLOCATE=Lu.... 7/1212002 ,1 Sent By: MURTHA CULLINA; 781 933 1530; Jul-15-02 4:36; Page 6/8 -. L 4Lrnv Search Result of appeal and,hence,those rights would not expire until thirty;days after the inspector had rendered such a written decision even when the inspector did not in fact do so until after the fourteen-day response period set forth in §7 had expired. In reaching this result in vUokes, we noted that Is]cction 7 is unambiguous in rE;quiring a response 'in writing' with 'the reasons therefor'when a building inspector'declines to act'on a request for enforcement." id. at 477. We further noted that there was no indication in either§7 or§ 8 that "a building inspector's failure to respond within fourteen days to an enforcement request is to be deemed a constructive denial of the request for purposes of setting in (notion the thirty-day appeal period provided by § 15." Id. at 477-478. We then stated the following: "In some cases ... a building inspector may not be able to act on a request within fourteen days for legitimate reasons,such as(for example)the inspector's need:to obtain further information from the complaining parties to clarify the nature of the complaint or his need to consult with other municipal boards or officers having an interest in the matter. In our view,the fourteen day requirement in § 7 'relates only to the time of performance of a duty by a public officer and does not go to the essence of the thing to be done'; therefore it is directory and not mandatory.We conclude that the date on which a zoning enforcement officer responds in writing to a § 7 request for enforcement creates the appealable decision contemplated by § 8 and becomes the date for measuring the thirty-day appeal period set forth in § 15." Id. at 479. (Citations and footnotes omitted.) In the present case,the commissioner did not provide any whiten denial of Clark's enforcement request, stating the reasons for such denial. Rather,he merely advised Clark to pursue an appeal and helped her fill out a form purporting to do so.There was therefore no appealable decision as contemplated by § S. Nevertheless,citing Hogan v. Hayes, 19 Mass.App.Ct. 399,402-403 (198.5),and Worcester County Christian Communications, Inc. v. Board of Appeals of Spencer, 22 Mass.App.Ct. 83, 84-86(1986), the defendants contend that the absence of a written denial of Clark's enforcement request should have been excused in this case because the commissioner submitted an affidavit in which he stated that he believed that his letter of January '19, 1999,constituted a written denial of the neighbors'enforcement requests,and because the plaintiff failed to show that he had suffered any prejudice:from the comnussioner's failure to provide any other writing. As the judge explicitly recognized,however,the commissioner's letter of January 19, 1999,was written befoire Clark's January 26. 1999,written enforcement request,not after she had made such a request.The January 19, 1999,letter therefore could not have constituted a written denial of Clark's enforcement request. Moreover,we did not hold in either of the decisions cited by the defendants that a building commissioner or a board could render inapplicable the plain requirements of§ 7 merely by misconstruing them in the manner occurring in this case.Rather,we held only that the absence of a written response from the building inspector was a defect that could be waived if it was not timely raised or objected to. See 110gan v. Hayes, supra at 402-403; Worcester County Christian Communications, Inc. v. Board of Appeals of Spencer, supra at 85-86.Here,however,counsel for the plaintiff did assert before the board in a timely manner thatthere was no case properly before the board due to the commissioners failure to render any written decision denying any written enforcement request.There was therefore no waiver of the§. 7 requirements_ In view of these circumstances,we could not hold that the board had power to entertain the Clark appeal without ignoring the plain requirements of§ 7. We have no power to reach such a result even http://weblinks.westlaw.cora/Find/Default_F.wI?DA=MA%2DORSLIP&DOI.00:ATE -1..0,... 7/12/2002 Sent By: MURTHA CULLINA; 781 933 1530; Jul-15-02 4:37; Page 7(8 -- i Search Result if we were inclined to do so. See ROPT LId. Partnership v. Katin, 431 Mass. 601,603 (2000)(court cannot ignore statute's plain words). In fact, unlike its predecessor,G.L. c.40A, as amended by the.Zoning Act of 1975,St.1975,c. 808, § 3,is a "comprehensive statutory scheme." [FN7]Nantucket Land Council, Inc- v. Planning Bd. of Nantuckel, 5 Mass.App.Ct. 206,208-209 (1977)(construing Subdivision Control Law,G_L.c.41, §§ 81K et seq.),and cases cited. Section 7 sets up a simple administrative procedure whereby a person seeking enforcement of a local zoning ordinance or by-law against any other person allegedly violating the ordinance or by-law can make a request in writing for such enforcement to the building commissioner or other local official chirged with enforcement of the ordinance or by-law,and ordinarily will receive a written response to such request,with a statement of reasons for the response, within fourteen days. Sections 8 and 15 further provide that,if the enforcement request is denied,any person aggrieved by the denial may appeal to the local permit granting authority, so long as they do so within thirty days from the date of such written denial.We think that it would interfere with the effectiveness of this procedure,and encourage precisely the type of litigation which the procedure was designed to replace,if we were to ignore the written decision requirement even under the circumstances presented here. See Vokes v.Avery W. Lovell, Inc., 18 Mass.App.Ct. at 478&n. 10. We therefore conclude that the judge properly annulled the Clark decision due to the commissioners failure to provide any written response to Clark's enforcement request.In reaching this result,we recognize that.Clark is being penalized for having relied on the commissioner's advice to proceed with her appeal even though he had failed to provide any such written response to Clark's enforcement request.We have previously noted,however,that"those who deal with the Government are expected to know the law and may not rely on the conduct of Government agents contrary to law." Stadium Manor, Inc. v_ Division of Administrative Law Appeals, 23 Mass.App.Ct.958,962(1987),quoting from Ileckler v. Community Health Servs. of Crawford County, Inc., 467 U.S. 51,63 (1984). See Ferrante v. Board of Appeals of Northampton, 345 Mass. 1511, 163 (1962),quoting from V.17. 7.ahodiakin Engr. Corp. v. Zoning Bd• of Adjustment of Summit, 8 N.J.386, 396(1952) ("The plaintiff landowner is presumed to have known of the invalidity ... and to have acted at his peril").We also note,as did the Land Court judge, that Clark(or Crowley)can still file an entirely new request for enforcement with the commissioner should she choose to do so, and thereafter obtain any relief to which she is entitled under the zoning ordinance with respect to the plaintiffs building. See G.L.c. 40A, § 7- Judgments aIft»aed- FN1-Of Osterville Village Realty Trust. FN2.Mary M. Crowley. FN3. Anthony Elio,trustee,vs. Zoning Board of Appeals of Barnstable&another. FN4. A more precise description would be that he revoked the stop work order. httpalwebiin ks.westlaw.com/Find/Defauit_F.wl'?DB=MA°lo2DORSLIP&DOLOCATE=L"... 7112/2002 Sent By: MURTHA CULLINA; 781 933 1530; Jul-15-02 4:37; Page 8/8 Cugc v vi v Search Result FN5.The record does not indicate the basis on which Crowley sought enforcement of G.L.c. 21E,which deals with hazardous waste, under the zoning ordinance. FN6. Prior to enactment of the new Zoning Act in 1975,mandamus was the e a mat e remedy available to enforce the zoning regulations. See:Brady V. Board o Appeals o Westport, 348 Mass. at 520. See also Bobrowski, Massachusetts Land Use&Planning Law §7.2, at 264(1993). 1~N7.We have previously observed the importance of adhering strictly to the framework established by such a comprehensive scheme. See,e.g.,Cassani v. Planning Bd. of Hull, 1 Mass.App.Ct.4.51,457 (1973); ,Bingham v. City Council of Fitchburg, 52 Mass.App.Ct_ 566, 571 (2001). http://wcblinks.westlaw.com/Find/Default_F.wl?DB=MA%v2DORsLip&DOLOCATE=Lo,... 7/12/2002 Fax-Transmission FAX Number: 7? 9 13 IS 3 0 FROM: Town of North Andover Zoning Board of Appeals PHONE: #978-688-9541 FAX: #978-688-9542 DATE: -7- (f- 0 _ l SUBJECT: Sfi 4 je/ r, idi o�7 Number of pages: REMARKS: Attached is a fax containing your legal notice, which needs to be placed with the legal notice department at the Lawrence Eagle- Tribune. The Lawrence Eagle Tribune legal notice department's direct dial phone number is 978-946-2412; the address is 100 Turnpike Street, North Andover, MA 01845; and the Eagle-Tribune's fax number is 978-685-1588. Please contact the E-T as soon possible in order to meet the mandated [Mass. Gen. L. ch. 40A § 11] publishing deadline of at least 14 days before a hearing. The E-T needs 2 full business days before the publication date. Missed publication means that you will not be able to be placed on the ZBA agenda for the upcoming meeting. Eagle-Tribune Submission Date 1St Publication Date Meeting Date `7- )-V-OA Cb ` 3 - O-;?— Please be reminded that it is your responsibility to mail a copy of the legal notice to each abutter via certified mail. You are required to complete the mailing of the legal notice at least 14 days prior the ZBA meeting. You are also required to bring, or fax copies of the proof of the certified mailing to the office of the ZBA Secretary as-soon-as you have completed the mailing. Again, failure to do so will mean that you will not be placed on the ZBA agenda. Thank you. faxlegal Town of North Andover f NORTH Q 4,..D ,D1ti Office of the Zoning Board of Appeals Community Development and Services Division 27 Charles Street North Andover,Massachusetts 01845 'SSACHUSEt D. Robert Nicetta Telephone(978)688-9541 Building Commissioner Fax(978)688-9542 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 13`b of August,2002,at 7:30 PM to all parties interested in the appeal of Benjamin Farnum,397 Farnum Street,North Andover,MA, for premises located at:5 Boston Street North Andover,MA requesting a Finding as a party aggrieved of the Building Commissioners' Decision on Building Permit#605. Said premises affected is property with frontage on the West side of Boston Street within the Village Residential 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 Eagle Tribune on July 29&August 5,2002. Legalnotice2002-034 BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535 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 13`}'of August, 2002, at 7:30 PM to all parties interested in the appeal of Benjamin Farnum, 397 Farnum Street, North Andover, MA, for premises located at: 5 Boston Street North Andover, MA requesting a Finding as a party aggrieved of the Building Commissioners' Decision on Building Permit#605. Said premises affected is property with frontage on the West side of Boston Street within the Village Residential 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 Eagle Tribune on July 29 & August 5, 2002. Legalnotice2002-034 MURTHA CULLINA 600 UNICORN PARK DRIVE ROCHE CARENS & DEGIACOMO WOBURN,MASSACHUSETTS 01801-3343 A L I M I T E D LIABI LITY PARTNERSHIP TELEPHONE(781)933-5505 'A FACSIMILE (781)933-1530 ` pp L) wwwmurthalaw.com July 9, 2002 By Facsimile: 978-688-9542 William J. Sullivan North Andover Board of Appeals 27 Charles St. North Andover, Massachusetts 01845 Re: Boston Hill/Benjamin Farnham Appeal Dear Mr. Sullivan: Please be advised, due to circumstances beyond my control, I have a hearing in Dover tonight and my partner is covering another in Woburn for me. Therefore, I must request that the hearing scheduled under Old/New Business be continued until your next meeting. Obviously whereas I am making this request for continuance, I will extend any deadlines necessary for the proceeding to go forward, and hereby extend the deadlines 30 days. The gravament of the appeal is that the petitioner believes the Building Commissioner exceeded the order of the Board by adding conditions to the Building Permit that the Board did not direct him to so add. I thank you for your kind tention a d courtesies concerning this matter. Sin ely yours, c� F ncis i a JUL 0 9 2002 D BOARD OF APPEALS B O S T O N H A R T F O R D N E W H A V E N W 0 B U R N UCIIL Uy. IVIUnInei L,ULL11414j /til `J-3:i lb:3U; Jul-9-02 4:40; Page 1/1 MI RTHA CULLINA 1��„/1,111E \Js a l✓♦•_ 60-9!N3['()RNPARK DTUVE 12f- WV rA FNI'Q & DFvIAC()MO WORRN,MASSACHUSTT S 01901-3343 A L I M 1 T E U L I A 6 1 L I T V P A T N E H ti n TLLEFi'ONt(781)3.33-5505 r.'.a{+iwl J�1' iY��i 0Ti_7 e2e1 www.nmrrhalaw com )lily 9;2002 ny Facs u11c: iev-vleU-..T� William J. Sullivan North Andover Board of A-lypealls 27 Charles St. North Andover,Massachusetts 01845 Re: Boston flill/Benjamin Farnham Appeal Dear Mr. Sullivan: Pieasc be advicPd, due to circumstances beyond my control, I have a hearing in Dover tonight and my partner is covering another in Woburn for me. Therefore:I must request that the hearing SalwCAd .� + nde-011-1/Nevi Resin s be en n e•r1 e'ntt your TTP. t meet' .uanse+l:......� C.1 L eS C....t....��.. _1 J__- X_ }.ng. Obviously L r king hi • C— n.. ..C. T .,::: Mxf^v%i onv llUYiVllaly W[IGft i1J 1 Lull making tti�a r�yii%all evl ..vilteiit+s?ul�..ey 1 v,..v..d J necessary for the p1.=eeding to go forward,and hereby extend the deadlines 30 days. The gravament of the appeal is that the petitioner believes.the Building Commissioner exceeded the order of the Board by adding conditions to the Building Permit that the Board did not direct him to so add. I thank you for-your kind oftention atid courtesies concerning this matter. sinIy yours / ( ��- � rancisPlt31- a t� pIJIIIdI R N P V !: N W U 15 11 R N JU�. Q_,n2e� H A x i F O x u N W H A €OARD OF APPEALS 1 cs� Oil � E r r � ko 1 j e v6 0,1 ' r r sd � � R 5 Town of North Andover Zoning Board of Appeals 27 Charles Street Zoning Board of North Andover,Massachusetts 01845 Appeals phone: 978-688-9541 fax: 978-688-9542 To: Francis A. DiLuna, Esq. Re: 5 Boston Street Finding Fax: 781-933-1530 Pages: 4 Phone: Date: 7/9/02 ❑ Urgent ❑ For Review ❑ Please Comment ' Please Reply ❑CC: The revised,3 page agenda has been faxed to your office to alert you that the Zoning Board of Appeals will discuss,briefly,the Benjamin Farnum Finding. Will somebody be at the July 9 meeting? ........ ..) ....�....... .....�m�...r+� .... v...v ...vv� v�� v� v• u;n-45-02 '09: Town of North Anrdorer g Board of Appeab /um es Divuioll �` -MU 'ellopment -o ! r 21 Sired Al OAC i...... Oimmnx now.) Date July 2, 2.002 -. N cD -< Fo "Bam, ofAmeah I3 1 o`:m o ioctll. rtr] A 01"s D �'C c' ;j,� .P cn cn Please.be advised that I.Jim agreed o the tune constramza for the 7.c)ra»g ward of appeals to m a dccisiara rctudiag:t&-Bt=ift of a vsri,6=and/or Spatial Permit,for ptopem located:at ST"Er. pr MG DA'FF.(S}: N/tME OF PETITIONER;—_ ............ �1� Signed: Francis A. Dilux�a, Esq re , Petitioner(at petifi6n s reg ) LX)ARD ttf rl s'dU.3 614.9541 iSaiiLL9NO Fv"o �e1 v(!Me.T trvn1 rt�u R�A.910 HFATI AR4540 . MATS- bAA-9535 .f OWIL Dy. Iviuniru-% LiULL.LIVH, /of Z16J 10, lUi Jule-UG J;Iui rage G(G Jun-25-02 09: 19 P' 02 Town of North Andover Office of the Zoning Board �f Appeals . . ..•. Community Deveiopwzen.a:id ooc-,-;►-ice; ,r,4cisiole . 27 Chari"5ireei ti•,�, • D. Ro!+_it N.,-•tLai Teltiphom(9n)6$8-954.1 Pax(Y-78)ffM116-9x542 Doe July 2, 2002 oC= �. -,r c� CD 1M. T...:m nirMnreti A--AovcrZoning Board of Appeak C �C. Ln 27 Churleut a trW O`C r North An&vcr ltnA 41845 c.n Cn Please beadvised that I havr agteed to waive the tirac constcaint.4 for the?pining BE)UTIvi appeals to snake a decision regarding the granting ora Valiance and/or Special Permit For property located at: Z5 0_576/� STREET:— ._..... . TOWN: or lh /r dV er: EE MTING OATP.(S): t!$ 3 "mal NAME OF PET1T[UNER-. i __.. .. � / k - r SFrancis A. DiLuna, Esq re ,gr Petitioner(or petitioner's rep W/llYlJt L�tJl�til){�I�1t'1'i.lN..l daa:54i i3vi::%u�v�vw 5�� CI NSWUPYATION I64A.9,4" flr,,Af.rTf g2AA3Eb M�1T�'�itN{?bAA-9535 ..� rayc i MURTHA rUrT.rN.A 600 UNICORN PARK DRIVE ROCHE CARENS & DEGiAcomo wORURK MASSACHUSETM 01801-3343 A LIMITED LIADILITY PARTNERSHIP TELW11 Nl RRI)033-3703 pACMl1.E(781)933-1530 WWW.sao .,• .w.com FAX COVER SHEET n TT a T.. 1 7!L/l7 "A i E. r my 2,X00"! SEND TO: Attn: Mitch Off-tcP of the Zoning Board of Appeals Town.of North Andover D ti*;oncr. tZ�c.nn }1rOD icfrr: i�ieiljairiii2�,-F�1-r,11iM11,i�uuuv■.w.( ....�t�.,,Street) FAX NO: (978)688-9542 FAX OPERATOR: Maureen J.Feeney Assistant to Frank DiLuna TOTAL PAGES INCLUDING COVER SHEET: 2 ADDITIONAL COMMENTS: r� tions •corn Def C you may have. CI(:itSG`see itE[aCltcd: Viiii wtui any qtia.$uviw i,'a �.vcilZl:.+..t..f� z_� Thank you. STATEMENT OF CON IPLNTIALI T Y This facsimile transmission contains information from :'Uw law finn of MURTIIA CULLINA ROCHE CARENS&DeGIACOt,10,LLP. Tile infurrttation contaiucd may be Wgfidentiai and;or priviiegcd,and it is initended unl y of the".e:.'t•�3"'rt na'red on the trans~i:.al sheet. if you=not lite intended addr . ee,Olease note that any disclosure. fcApyinv, distribution of use of this fawd int'ornlation is prohibited. If you receive this¢ facsimile in error,picase inirwdiately notify us by telephone(collect)so that we can arrange to retrieve the original documents without cost to you. t _,;t.�.��,;;rhi��stoolmfeencvl20ft423._l.Ja:17/JU2 t Jun-25-02 09: 19 Town of North Andover _ ' d df Appeal� Office-Office-of the Zan�t±g Bair _ ����. kwommUU Deves"Upw;.i -aid Services Division 27 Charm SUwi r_� • J lI. L.. 1 ill Qdr. �f(mh �. Roh-Cri- 6W9-94 i 1_AI;1�/tr_n C iun�a;c nn.!r Pax(Y78)6RV-Z e2 Date July 2, 2002 conb*Ind o1' kr 27 Cha3'lm Stmt (North Andover h•;A 01845 Please be advised that I have agreed to waive the time cotta a&m for the 7A)rittg Board of appeals to make a desmon regarding the gruum6 of a Variince and/or 5pex;W' Permit for propem located at: ;5oAr - S�`reet STM:.—. 1h _.... . TOWN: or MFFTIIJG DAMS): N"E OF PETITIONER;_ Signed: Francis A. Diluna, Esq re hctiteoner(Ortitioner'srep WA1 V tali 1111AK1!)OF�'l/'Yt;N.J 6$a-yi4i v'vi+-::u:v 3vo-��-' ;'''-!!or�try�Tr(�ts r�'gR.9.4.�A i1FM1I.Tt(riltAASM MAT�'�IiNCi bAA-9535 Town of North Andover Zoning Board of Appeals 27 Charles Street Zoning Board of North Andover,Massachusetts 01845 Appeals phone: 978-688-9541 fax: 978-688-9542 P" To: Francis A. DiLuna, Esq. Re: 5 Boston Hill Finding Fax: 781-933-1530 Pages: 2 Phone: Date: 6/25/02 ❑ Urgent ❑ For Review ❑ Please Comment 'Please Reply ❑CC: JA�— C0Y► 1 Town of North Andover Zoning Board of Appeals 27 Charles Street Zoning Board of North Andover,Massachusetts 01845 Appeals phone: 978-688-9541 fax: 978-688-9542 ftx To: Maureen c@ Atty DiLuna D-Murtha, Re: North Andover ZBA dates Cullina Fax: 781-933-1530 Pages: 2 Phone: 781-933-5505 Date: 6/24/02 ❑Urgent XO For Review ❑Please Comment 'Please Reply ❑CC: Hi,Maureen: These are the dates for the August 13, meeting. Application at 27 Charles Street July 11,Thursday. 12:00 noon. Legal notice must be at the Eagle-Tribune July 24,Wednesday, 5:OOPM. 1St publication August 13's legal notice July 29, Monday. ' z Fax—Transmission TO: rPI o ( s �V,hA Esa FAX Number: I:W- -706 1- `133 - 133 FROM: Town of North Andover Zoning Board of Appeals PHONE: #978-688-9541 FAX: #978-688-9542 DATE: 1 I 0)_ SUBJECT: )ez i I -o r Bo-A00 St Number of pages: c�• REMARKS: Attached is a fax containing your legal notice, which needs to be placed with the legal notice department at the Lawrence Eagle- Tribune. The Lawrence Eagle Tribune legal notice department's direct dial phone number is 978-946-2412; the address is 100 Turnpike Street, North Andover, MA 01845; and the Eagle-Tribune's fax number is 978-685-1588. Please contact the E-T as soon possible in order to meet the mandated [Mass. Gen. L. ch. 40A § 11] publishing deadline of at least 14 days before a hearing. The E-T needs 2 full business days before the publication date. Missed publication means that you will not be able to be placed on the ZBA agenda for the upcoming meeting. Ea le-Tribune Submission Date 1St Publication Date meetingDate June 19, 2002 June 24, 2002 July 9, 2002 Please be reminded that it is your responsibility to mail a copy of the legal notice to each abutter via certified mail. You are required to complete the mailing of the legal notice at least 14 days prior the ZBA meeting. You are also required to bring, or fax copies of the proof of the certified mailing to the office of the ZBA Secretary as-soon-as you have completed the mailing. Again, failure to do so will mean that you will not be placed on the ZBA agenda. Thank you. faxlegal L 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 9t'of July 2002, at 7:30 PM to all parties interested in the appeal of Benjamin Farnum, 397 Farnum Street,North Andover, MA, for premises located at: 5 Boston Street North Andover, MA requesting a Finding as a party aggrieved of the Building Commissioners cqp6jjpIwms Building Permit#605. 7�c�S10W o0, Said premises affected is property with frontage on the West side of Boston Street within the Village Residential 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 Eagle Tribune on June 24 &July 1, 2002. Legalnotice2002-034 MURTHA CULLINA RO CHE 600 UNICORN PARK DRIVE CARENS & DEGIACOMO WOBURN,MASSACHUSETTS 01801-3343 A L M I T E D L I A B I L I T Y P A R T N E R S H I P TELEPHONE(781)933-5505 FACSIMILE (781)933-1530 / www.murthalaw.com June 13, 2002 BY HAND Zoning Board of Appeals Municipal Building 120 N. Main Street North Andover, MA 01845 RE: Application for a Finding Dear Sir/Madam: Enclosed please find one original and ten (10) copies of the following: 1. Application for a Finding; 2. Town of North Andover Building Permit Number 605 issued by Building Commissioner on May 17, 2002. 3. Town of.North Andover Zoning Board of Appeals Notice of Decision dated February 20, 1957, Notice of Decision dated March 22, 2002 and Modification of Decision dated April 26, 2002; 4. Required Plan information including Plan of Land and a typical detail of the proposed installation; and 5. Filing Fee of$50.00. Kindly file and process as your usual course. Ve ly yours, Frames i a FAD/mjf Enclosures JUN 1 . 3 zooz BOARD OF APPEALS B O S T O N H A R T F O R D N E W H A V E N W 0 B U R N TOWN OF NORTH ANDOVER FINDING _ y ZONING BOARD OF APPEALS _�� - st.- ��- .� �. 4:1"'i'?�3 '� �` .^--•^-,..-ter � .z �, "i3.9�"-"rs �Z' s Procedure & Requirements For an Application for a Finding Ten (10) copies of the following information must STEP 6: SCHEDULING OF HEARING AND be submitted thirty 30 days prior to the first public . PREPARATION OF LEGAL NOTICE: hearing. Failure to submit the required information The Office of the Zoning Board of Appeals schedules within the time periods prescribed may result in a the applicant for a hearing date and prepares the legal dismissal by the Zoning Board of an application as notice for mailing to the parties in interest(abutters) and for publication in the newspaper. The petitioner is incomplete. notified that the legal notice has been prepared and the The information herein is an abstract of more specific cost of the Party in Interest fee. requirements listed in the Zoning Board Rules and Regulations and is not meant to supersede them. Items that STEP 7: DELIVERY OF LEGAL NOTICE TO are underlined will be completed by the Town. NEWSPAPER/PARTY IN INTEREST FEE: The petitioner picks up the legal notice from the Office STEP 1:ADMINISTRATOR PERMIT DENIAL: of the Zoning Board of Appeals and delivers the legal The petitioner applies for a Building Permit and receives notice to the local newspaper for publication. a Permit Denial form completed by the Building Commissioner. STEP 8: PUBLIC HEARING BEFORE THE ZONING BOARD OF APPEALS: STEP 2: FINDING APPLICATION FORM: The petitioner should appear in his/her behalf, or be Petitioner completes an application form to petition the represented by an ajent or attorney. In the absence of Board of Appeals for a FINDING. All information as any appearance without due cause on behalf of the required in items 1 through and including 11 shall be petitioner,the Board shall decide on the matter by using completed. the information it has otherwise received. Step 3: PLAN PREPARATION: STEP 9: DECISION: Petitioner submits all of the required plan information as After the hearing, a copy of the Board's decision will be cited in item 10 page 4'of this form. sent to all parties in interest. Any appeal of the Board's decision may be made pursuant to Massachusetts STEP 4: SUBMIT APPLICATION: General Laws ch.40A sec. 17, within twenty(20)days Petitioner submits one (1) original of all the required after the decision is filed with the Town Cleric. information and 10 xerox copies to the ZBA Secretary. The original will be stamped by the Town Clerk Step 10: RECORDING CERTIFICATE OF DECISION certifying the time and date of filing.The remaining ten PLANS. copies will remain at the office of the Zoning Board of The petitioner is responsible for recording certification of Appeals secretary. the decision and any accompanying plans at the Essex County North Registry of Deeds, Lawrence STEP 5: LIST OF PARTIES IN INTEREST: Massachusetts, and shall complete the Certification of Once the petitioner submits all of the required Recording fomr and forward a to the Zoning Board of information, the petitioner requests from the Assessors Appeals and the Building Department Office. Office a certified list of Parties in Interest (abutters). IMPORTANT PHONE NUMBERS: ti c> 978-688-9541 Zoning Board of Appealsffice 978-688-9501 Town Clerk's Office D 978-688-9545 Building Department 0 +�r > JUN 10 �� � o BOARD OF APPEALS w Page 2 of 4 Date&Time Stamp Application for a FINDING NORTH ANDOVER BOARD OF APPEALS 1. Petitioner: Name, address and telephone number: Benjamin Farnilm, 397 Farnum Sti. eet, North Andnypr, Mq,;. Tel: (978) 725-4954 *The pftoner shall be atered an ft Iega!rolice wid ft decism as entered alm& 2. Owners of Land: Name, Address and Telephone number and number of years under this ownership: Benjamin Farnum, 397 Farnum Street, North Andover, Massachusetts (978) 725-4954 Years Owned Land: 3. Location of Property:. . a. Street: 5 Boston Street Zoning District R-2 b. Assessors: Map number IDIL�_Lot Number:. 11 c. Registry of Deeds: Book Number 1656 —Page Number 94 (see Essex Probate No.350368) 4. Zoning Sections under which the petition for the Finding is made. Building Commissioner's Issuance of a Special Permit. *RefttothePerrnft0enia1andZonbV By-Law Plan Review as suq3fied by the BuildingConwnissioner Describe the Finding request: The Petitioner requests that the Board overturn the Building Commissioner's -Decision to impose additional conditions on the Building Permit not so authorized pursuant to its Decision of:-.March 22, 2002 and amended April 26, 2002 because the use is authorized by -rho above descrlpdon shall be used for the purpose of the legal notice and decision. A more detailed description is mquired pursuantto the variance Zoning Board Rules and Regulations as cited on page 4 of Oft applicallom Failure by the applicant to cfearty,describe Me request rnay result in a decision 8W does not address the Intent of the applicant The decision will be Urnited to#m request:by the applicant and will nat Involve additional fterns not ku*Wed above- 6a, Difference from Zoning By-LAW requirements: Indicate the dimensions that will not meet current Zoning BY4-aw Requirements. (A and B are in the case of a lot split) Lot Area open space Percent Lot Frontage Parking Minirnurn.Lot set Back Sq. Ft Sq. Ft Coverage Feet Spews Front Side A Side 8 Rear A. N/A % N/A % Page 3 of 4 Appl�cat�on for a FINDING , NOR`T'H ANDOVER ZONING BOARD OP 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 9.49A N/A N/A % 1350 d 25+ 15+ 15+ 30+ c. Proposed Lot.(S): Lot Area Open Space Percent Lot Frontage Parking * Minimum Lot set Back Sq. Ft. , Sq. Ft. Coverage Feet Spaces Front Side A Side B Rear N/A % N/A % d. Required 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 8 Rear 3.560 N/A N/A % 250 . 0 25 15 15 30 7. a. Existing Buildings: Ground Floor Number of Total Use of Square feet Floors Sq.feet Building* 1,296 7 9,072 Communication Tower N/A r N/A *Reference Use Code numbers and Uses from the Zoning By-Law State number of um'ts in building. b. Proposed Buildings: Ground Floor Number of Total Use of Square feet Floors Sq.feet Building* 0 ib 1.9 The attachment of a 2.4' diameter microwave dish to the existing tower structure. 'Reference Use Code numbers and Uses from the Zoning BY-Law State number of units in building. S. Petitioner and Landowner signature (s): Every application for a Finding 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 ail 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 expenses for filing and legal notification. Failure to comply application requirements,as cited herein and in the Zoning Board Rules and Regulations may result in a dismissal-�y the Zoning Board of this appijcaW_ incomplete. Signature Type above name (s) here enj aurin G. Farnum PAGE 4OF4 FINDING North Andover Zoning. Board of Appeals 9. WRITTEN DOCUMENTATION Application for a Finding must be supported by a legibly written or typed memorandum setting forth in detail all 1.0 C. FEATURES TO BE INDICATED ON PLAN facts relied.upon. This is required in the case of a finding when the following points based on MGLA ch. A. Site Orientation shall include: 40A sec. 6 and 9 and the North Andover Zoning By-Law 1. North point Section 9.0 a request for a FINDING shall be clearly 2. zoning district (s) identified and factually supported: Addressing each of 3. names of streets the below points individually is required with this 4. wetlands to be shown on plan (if applicable) application. 5. abutters of property,within 300 foot radius 6. location of buildings of adjacent properties within 50' A. The particular use proposed for the land or from applicants proposed structure structure7. deed restrictions, easements B. Legend&Graphic Aids: B. Fact relied upon to support a Finding that the 1. Proposed features in solid lines &outlined in red proposed extension or alteration shall not be more 2. Existing features to be removed in dashed lines substantially detrimental than the existing non- 3. Graphic Scales conforming use. 4. Date of Plan 5. Title of Plan C. Addressing all details of the Building 6. Names addresses and phone numbers of the Commissioner's denial when appropriate. applicant, owner or record, and designer or surveyor. 10. Pian of Land Each application to the Zoning Board of Appeals shall 10 D. FURTHER REQUIREMENTS: be accompanied by the following described pian. Plans Major Projects shall require that in addition to the above must be submitted with this application to the Town features, pians must show detailed utilities, soils, and Clerk's Office and ZBA secretary at least thirty(30) days topographic information. A set of building elevation and prior to the public hearing before the Zoning Board of interior of building plans shall be required when the Appeals. application involves new construction, conversion and/or a proposed change in use. Elevation plans for minor 10 A. Major Projects projects include decks,sheds, &garages shall be Major projects are those which involve one of the included with a side view depicted on the plot plan, following whether existing or proposed:a)five or more which include a ground level elevation. parking spaces, b)three or more dwelling units, c)2000 square feet or more of building area. 11. APPLICATION FILING FEES Minor projects that are less than the above limits shall A. Notification Fees: Applicant is to send by certified require only the plan information as indicated with an mail all legal notices to all abutters, and then supply asterisks (*). In some cases further information may be proof of mailing to the ZBA secretary. Applicant is to required: supply stamps(appropriate current postage)for mailing of decisions to-all parties of interest as 10. B. Plan Specifications: identified in MGLA ch. 40A, sec. 1 f as listed on the application. ZBA Secretary will compute number of a) - Size of plan: Ten (10) copies of a pian not to stamps. exceed 11°x17" preferred scale of V=40'. B. Applicant is to supply one (1)set of addressed b) Plan prepared by a Registered Professional labels of abutters to ZBA Secretary who will mail Engineer and/or Land Surveyor, with a block for five decisions to abutters and parties in interest. ZBA signatures and date on mylar. C. Administrative fee of$50.00 per application. TOWN OF NORTH ANDOVER ZONING BOARD OF APPEALS I IN RE: Building Permit Denial Map 107C, Parcel 11 Boston Street North Andover, MA WRITTEN DOCUMENTATION (As required pursuant to Item 9 of Application for a Finding) Pursuant to Item No. 9 of North Andover's Application for a Finding; please be advised of the following: 1. The particular use proposed for this land or structure; 2. Facts: A. The particular use proposed for the land or structure; The microwave dish and existing mount is similar if not identical to other installations currently existing on the existing grandfathered tower. B. Fact relied upon to support a Finding that the proposed extension or alteration shall not be more substantially detrimental than the existing non-conforming use; The tower has constantly been used as a telecommunication facility since 1954. C. Addressing all details of the Building Commissioner's denial when appropriate; The installation is subject to a variance allowing the use. The Building Commissioner's denial is not only untimely but also wrong. Respectful) e , Benj ' Farn B is Attorney, Dated: June 13, 2002 cis B.B.O. . 547639 Roche ' rens &D acomo, P.C. 600 nicorn Park Drive Woburn, MA 01801-3343 (781) 933-5505 FORTH OTwn o over M- ,tic ot No. r• y o _ L A o �` dover Mass. �r%,.( a �2 COC HICKEWICK 1 ADRATE D aPP��S S G BOARD OF HEALTH Food/Kitchen PERMIT T D Septic System THIS CERTIFIES THAT...............................B . . . BUILDING INSPECTOR N! 4I4. . ... ......................................... Foundation has permission to erect. • on...1, cS�ta..�'�'fR�'T ..�*arrbiu....H.t.l,l,,....... Rough to be occupied as ' '...T1�/Ct..A ? �!►Iii!4�R..1Q.1,.1..SX;&j.7!M ... .ii.64RAe'1'E...`Ibit-% R2....................... Chimney provided that the person accepting this permit shall In every respect conform to the terms of the application on file In Final this office, and to the provisions of the Codes and By-Laws relating to the Inspection, Alteration and Constructiop of Buildings in the Town of North Andover. r%_0kh tt VMLbOL,T-%; t Iv 1%e e2k&%"oA• PLUMBING INSPECTOR s etltdNf d 44ii! r�L^....1..Q¢ �.q,b g��` VIOLATION of the Zoning or Building Regulations Voids this Arm`li.=� ,4*•dl♦ �s =%. � asJa Rough PERMIT EXPIRE ` Final S IN 6 MONTHS UNLESS CONSTRUCTION STARTS ELECTRICAL INSPECTOR 001 ......................�........................... Rough ..... ..... ........ ... ............ Service BUILDING INSPECTOR Final Occupancy Permit Required to Occupy Building GAS INSPECTOR Display in a Conspicuous Place on the Premises -- Do Not Remove Rough Final No Lathing or Dry Wall To Be Done FIRE DEPARTMENT Until Inspected and Approved by the Building Inspector. Burner Street No. SEE REVERSE SIDE Smoke Det.