HomeMy WebLinkAboutMiscellaneous - 672 MASSACHUSETTS AVENUE 4/30/2018 (2) � • `��. 'hoz -_ - -- --
72 rnc,�S.ANC
i
. t
k �
i
i
r .. � � ��
t
f
l
li
�'
���
1
�� /
� ��' l/ l
�i
� a � - � o -
7 . � � -
ss
, I
rro�•�3am,9�r
• ' O
e•1►
<F� AVRIL9Tk iA7 I-
CH CH
�y►trr*rs
TOWN OF NORTH ANDOVER
MASSACHUSETTS
BOARD OF APPEALS
NOTICE
_De.ce mbe r. .15. . . 19.E 1
Notice is hereby given that the Board of Appeals will give a
hearing at the Town Building,North Andover, on. . . . M9 n d a.Y.
ev.e.nin.g . . . . . . . . the 1Ith day of . . . .January. . . . . . . . .
19.8 2 ., at 7.:.3&clock, to all parties interested in the appeal of
EDWARD D. AND NINA . KAWA. . . .SN
. . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
requesting a variation of Sec.. 7. Par.. .7 —---i--
. . . . . .and. .Tab.l.e. .2 . of . the. Zoning
Qy. 1aw . so . as. . to .pe.rmi.t . t.he. .con,ti nvpd. .exi.stence
of a. s.in.gle .family .dw.ell.i.n.c.`haviP.9 . less. .than
th.e . r.equi e.d . si.de. .set. .ba.ck. . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
on the premises, located at. . t.h e N o r t.h . s.i. d e. .o f. .
Avenue and known as 672 Mass . Avenue .
By Order of the Board of Appeals
Frank Serio , Jr. , Chairman
Publish : N .A. Citizen : December 24 and 31 ,
1981
Send bill to : Edward Kawash , 672 Mass . Avenue ,
North Andover, Mass . 01845
Legal Notice
'TOWN OF
NOR'TII A-NI)OVER
MAtitiAl'..MSU_ ti
11OARI) OF
AI'PEA11
NO'1lCF,
NORTH
F-
�
95SACHUSE
c r December 15,1981
Notice is hereby given that the .
Board of Appeals will give a hearing
-at the Town Building,7North,An- F
dover, on Monday eveping the t1th
day of January, 1982, at -7:30
o'clock, to-all parties interesed in ..
the appeal of EDWARD D.AND NINA
KAWASH requesting 0-variation of
.`Sec. 7, Par. 7.3 and Table 2 of the
Zoning By iaw so as to permit the .'
continued existence of a single fami-
ly dwelling having less than the re-
ty quired side set back 'on the
P premises, located at the North side .'
of Mass.Avenue and'known as.672
Mass.Avenue:
By Order of the Board of Appeals.
Frank Serio,Jr:
Chairman
Publish WA. Citizen: Thursday,
December.24, 1981,- and Thursday,
January 7,1982 L22
_= LealNotice
TOWN OF'
NORTH ANI)OVER'
MASSA(11USN VS
11OARI) OF
AI'PEAIS
NO'T'ICE
Of NORTH
N �
O
H V
ISSNCHUSE� _
December 15,1981
Notice is hereby given that the
Board of Appeals will give a hearing j
at the Town Building, North,An-
dover, on Monday evening the lith I
day of January, 1982, at 7:30
o'clock, to all parties interested in
the appeal of EDWARD D.AND NINA
KAWASH requesting a variation of
Sec. 7, Par. 7.3 and Table 2 of the
Zoning By Law so as to permit the -
continued existence of a single fami-
ly dwelling having less than the re-
quired -side set back 'on the
premises, located at the North side
of Mass.Avenue and known as 672
.Mass.Avenue.- ': ._ —
By Order of the Board of Appeals. !
Frank Serio,Jr.
Chairman
Publish N:A. Citizen: Thursday,
December.24, 1981,and Thursday,
January 7,1982 L22
f�
December 23 , 19PI
Mir. Edward Kawash
672 Mass . Avenue
North Andover , Mass . 01845
Dear fir. Kawash :
Kindly submit the amount of $32 .60 for the following :
$25. 00 - application filing fee
7. 60 - postage
D $32: 6
1! check should be made. payable to the Town of North Andover
and may be sent to my attention at the Town Hall ; 120 Main
Street , "forth Andover , Mass . 01845 .
On addition, plea Ise .submit the plan to accompany your petition
as soon as possib6e . Thank you for your attention in this
matter .
Sinceriky ,
BOAPD OF APPEALS
jean E . White ,
Secretary
6
RE HVED.,
DANGLIM
�SSI
TOWP CLERV
03 all
CHUS
N."RI TOWN OF NORTH ANOU'R
MASSACHUSLTTS
t-30ARD OF
January 12 1982
Edward and Nina KawaQ
612 Mass . Avonue
Petition No . 1 ' 82
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 ,
January 11 , 1982 upon the application of Fdward and Nina Kawash .
The hearing was advertised in the North Andover Citizen on
December 24 and January 7 , 1982 and all abutters were notifed
by regular mail . The following members were present and voting :
Frank Serio , jr : , Chairman ; Richard J . Trepanier , Clerk ; William
J . Sullivan ; Augustine W . Nickerson ; and Raymond A . Vivenzio .
The petitioner seeks a variance from the provisions of Section 7 ,
Paragraph 7 . 3 and Table 2 of the Zoning By -Law to allow the con -
tinued use of a single family dwelling with less than the required
side tat back on the premises located at 672 Mass . Ave .
The petitioner testified that he constructed the home in 1954 and
when a recent plot' plan was required by his bank to secure a loan ,
it was discovered that a 9 " violation existed .
Upon a motion made by Mr. Trepanier and seconded by Mr , Sullivan ,
the Board voted unanimously to grant the variance as requested .
The Board finds that each of the provisions of Section 10 . 4 of thy.
Zoning By Law have been satisfied . In particular , the Board finds
that due to the location of the structure on the premises for many
years with a slight deviation from the existing requirements , con -
stitutes a hardship within the definition of the Zoning By Law .
Said variance , in the opinion of the Board , will not derogato from th',
intent and purpose of the Zoning By Law.
Sincerely ,
Jlf
Frank Serio , Jr . , Chairwan
RECEIVED
1 D(1iII rFtIL7N
4
N TR'rill , n_.0V E R
rrrvvv�'��
JAN Q 2015 P�-j '8Z TOWN OF NORTH AND...
Y:CR
MASSACHUSETTS
BOARD OF APPEALS
NOTICE OF DECISION
Bate . . . . , January 12 , 1982
Petition No.. . . . .l . .-. . .? . . . . . . . .
Hate of Hearing. . . J a n u a,r'y. 1 1 , 1�?8 2
EDI,!A!?D D . AND NINA G . KAWIASH
Petition of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I . . . . . . . . . . . . . . . . . . . . . . .
, . , . .
Premises affected . . .e 7�. .M a s s . A v e ,
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Referring to the above petition for a variation from the requirements of the . . 7-o n i.n g, .1 y, -!�a W
Section .7 , .Paragraph 7.3 and Table 2
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
so as to permit . .th.e. . .cqnt.inued. .exi.sten.ce. ,of. .a. .sin,g7e, , anlily . dw�7.l,in,g ,
having less .tha.n. .the, .rA.qui.red. .si.de. .s.et.-l�a.ck... .
After a public hearing given on the above date, the Board of Appeals voted to
variance
. . . . . . . . . . . . . . . . - . . . . . . . �. ae-tl3e-$� �ldh3g-Tnepeeter-to gas;jc:-gt
?w? ;f•tL�. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
or;;I;e ;,orzstrue;;tan--ef-t�i�c-alacsve...vvor��-,-based-ut�e.7a-tlae-xello;vi�ag-ca��itie��s:
Any appoal sha!l be filed
within (20) days after the' Signed
date or riling of this Notice
in the Office of the Town . . .Fra.nk Serio , Jr . Chairman
Clerk. Richard J . Tre p.anter Clerk
Williari J . Sullivan
Augustine W . Nickerson
Ra,,iii ond A... , V.i,ve.n.zio , E.sq .
Board of Appeals
c `S° No
OR
Received by Town Clerk : �O.+Nh
.'
F o�
RECEIVED „
Date : DANIEL LONGTOWN OF NORTH ANDOVER, MASSACHUSETTS «� }
TOWN CLERK BOARD OF APPEALS
Time : NORTH ANDOVER ►�5+,,.o."�h
S�CMUSE
DEC I,No Thi s application must be typewritten
APPLICATION FOR RELIEF FROM THE REQUIREMENTS OF THE ZONING ORDINANCE
Applicant Edward n And Nina G.-Kawash Address X72 Mass. Ave.
1 . Application is hereby made
7.3 and
( a ) For a variance from the requirements of Section 7 Paragraph Table 2
an -
d Table of the Zoning By Laws .
(b ) Fora Special Permit under Section Paragraph of the
Zoning By-Laws .
i
( c) As a party aggrieved , for review of a decision made by the Building
t Inspector or other authority .
2 . ( a) Premises affected are land X and building( s ) X _ numbered
I 672 MASS.: AVE. Street .
i
( b) Premises affected are property with frontage on the North ( X)
South ( ) East ( ) West ( ) side of Mass. Ave.
Street , and known as No . 672 Mass. Ave. Street .
i
( c) Premises affected are in Zoning District R-3 and the premises
affected have an area of . 172000 square feet and frontage of
i 500 square feet .
3. Ownership
I
t (a) Name and address of owner ( if joint ownership , give all names ) :
t Edward D. Kawash and Nina G. Kawash
Date of purchase Previous Owner
( b ) If applicant is not owner , check his interest in the premises :
Prospective Purchaser Lesee Other (explain )
4. Size of proposed building : front ; feet deep ;
Height : stories ; feet.
( a ) Approximate date of erection :
( b) Occupancy or use of each floor :
(c) Type of construction :
5 . Size of existing building : 00 feet front ; 28 feet deep ;
Height: 1 stories ; feet .
(a ) Approximate date of erection :_ 1954
( b ) Occupancy or use of each floor : Residential
(c) Type of construction : Wood
6. Has there been a previous appeal , under zoning , on these premises ? Yes
If so , when? 8/27/75 and 5/22/81
i. Description of relief sought on this petition We are asking for a
variance of the side line requirement of 151 .
8. Deed recorded in - the Registry of Deeds in Book . 779 Page 148 or
Land' Co._urt Certificate No. Book Page
The principal points upon which I base my application are as follows :
(Must be stated in detail )
l � r
1
The house was built in 1954 and unknown to us, it was built
less than 15' from the side lot line. To correct this
situation a variance is necessary. It would be an extreme h rdshi.p
if the variance was denied.
I agree pay for advertising in newspa er and incidental expenses*
Petitioner ' s Signature
Sec. 1 APPLICATION FORM
Every application for action by the Board shall be made on a form
approved by the Board. Thes_e 'forms shall be furnished by the clerk
upon request . Any communication purporting to be an application
shall be treated as mere notice of intention to seek relief until
such time as it is made on the official application form. All in-
formation called for by the form shall be furnished by the applicant
in the manner therein prescribed.
Every application shall be submitted with a list of "Parties in
Interest" which list shall include the petitioner , abutters , owners
of land directly opposite on any public or private street or way ,
and abutters to the abutters within three hundred feet of the property
line of the petitioner as they 'appear on the most recent applicable
tax list , notwithstanding that the land of any such owner _i_s located
in another city or town , the Planning Board of the c'ity or town , and
the Planning Board of every abutting city or town .
* Every application shall be submitted with an application charge cost
in the amount of $25 . 00 . In addition , the p.etitioner shall be respon-
sible for any and all costs involved in bringing the petition before
the Board. Such costs shall include mailing and publication , but
are not necessarily limited to these .
LIST OF PARTIES IN INTEREST
flame Address
�R
�j
l .
1
i
( Use additional sheets if necessary)
r
(TO PLAINTIFF'S ATTORNEY: Please Circle Type o/ Action Involved: — TORT — MOTOR VEHICLE TORT—
} CONTRACT — EQUITABLE RELIEF — OTHER.)
O
COMMONWEALTH OF MASSACHUSETTS
o ESSEX, ss. SUPERIOR COURT
0
CIVIL ACTION
No.
r
.......................................BENJAMINFARNUM..........................................Plaintiff(s)
.........--
•o
� O
y U.
FRANK SERIO,JR. , RICHARD J. TREPANIER, ESQ. ,
S U WILLIAM J. SULLIVAN, AUGUSTINE NICKERSON,
and.RAYMON.. A.__VIVENZIO._ ESO
...................................................... _______________________Defendants)
SUMMONS
cTo the above named Defendant: North Andover Board of Appeals
8 You are hereby summoned and required to serve upon .-. ,.....�Sq.4...Qf.....................
BERGER, BERGER AND BERGER
90 Main Street, Andover MA 01810
plaintiff's attorney, whose address is ....................................................................................................... an answer to the
cx
'° complaint which is herewith served upon you, within 20 days after service of this summons upon you, exclu-
-2 `
a sive of the day of service. If you fail to do so, judgment by default will be,taken against you for the relief de-
manded in the complaint. You are also required to file your answer to the complaint in the office of the Clerk
of this court at ..........Salem _ either before service upon plaintiff's attorney or within a reasonable
t 3 time thereafter.
� w
� 3
c Unless otherwise provided by Rule 13 (a), your answer must state as a counterclaim any claim which you
may have against the plaintiff which arises out of the transaction or occurrence that is the subject matter of the
plaintiff's claim or you.will thereafter be barred from making such claim in any other action.
0 3 .
O L
� O
w
F
° WITNESS, JAMES P. LYNCH, JR.,Esquire, at Salem, the
Aday of ,in the year of our Lord one thousand
w nine hundred and eighty-
w
O %
U E �—
Z N Clerk
NOTES:
1. This summons is issued pursuant to Rule 4 of the Massachusetts Rules of Civil Procedure.
2. When more than one defendant is involved,the names of all defendants should appear in the caption.If a separate summons is used for each
defendant, each should be addressed to the particular defendant.
SC 15 Form 1 �, ,�
PROOF OF SERVICE OF PROCESS
I hereby certify and return that on ........................................................................... 198 , I served a copy of
the within summons, together with a copy of the complaint in this action, upon the within-named defendant,
in the following manner (See Mass. R. Civ. P. 4 (d) (1-5):
...............................................................................................................................•........................................................................
........................................................................................................................................................................................................
......•............................................................................................................................................................•....................................
Dated: 1198 ........................................................................
N.B. TO PROCESS SERVER:—
PLEASE PLACE DATE YOU MAKE SERVICE ON DEFENDANT IN
THIS BOX ON THE ORIGINAL AND ON COPY SERVED ON DEFENDANT.
198
� '.
OD
U
G4 U
O E� H
HH a1.4 `
� � chUZ zN vv
wxU
w d "
z� zea h `:- e, z
Cd
.A Cd
H 5
w a
w
l Trial Court of the Commonwealth— OfficeOftheChiefAdministrativeJustice '
i { �• . .
TYPE OR USE BALL POINT PEN — BEAR DOWN FIRMLY ,
,4
MASSACHUSETTS TRIAL COURT SUPERIOR COURT DEPARTMENT
CIVIL ACTION COVER SHEET
Essex ,SiS. (To be flied with each Complaint,Counterclaim or Cross-Claim) N0,
LAINTIFF(S) DEFENDANT(S)FRANK SERIO,JR.,RICHARD J.TREPANIER,
BENJAMIN FARNUM ESQ. ,WILLIAM J.SULLIVAN,AUGUSTINE NICKERSON,S
RAYMOND A. VIVENZIO, ESQ.
►TTORNEY(S)(Firm Name,Address.Tel.) ATTORNEY(S) (it known)
Howard M. Berger, Esq.
BERGER,BERGER AND BERGER
90 Main Street
168cIPver, MA 01810 Tel: (617) 475-0756
ORIGIN
M 1.Complaint O 2.Counterclaim O 3.Cross-claim
O 4.Removal to Sup.Ct. under Q.L.c.231.at04 O 5.Re-transfer to Sup.Ct.under b.t.,`c 231;fit02C t �'
l'� = •• NATURE OF ACTION
CONTRACT
TORT(CONT'0) EQUITABLE REMEDIES(CONrD)
O A01 Services,labor and materials 0813 Deceit(Imud•misrepresentation) 0012 Dissolution of partnership
O A02 Goods sold and delivered O 814 Unfair competition O D13 Declaratory Judgment..G.L c.231A
O A03 Commercial paper O 81s Defamation(libel-slander) ®D99 Other`s If9yo%Jnrt Anneal
fy)
O A04 Employment contract 0816 Invasion of privacy Under IC t�a ter 40A, s17
MISCELLANEOUS
O ADS Real estate broker's commission 0817 Nuisance 0901 Consumer protection,G.L c.93A
O AN Insurance contract 0814 Trespass O E02 Appeal from administrative agency.
Cl AD? Sale or lease of personal property 0999 Other(specify) G.L.c 30A
O ADS Sale or lease of real estate REAL PROPERTY 0903 Action against Commonwealth or
O A" Other(specify) O C01 Land taking(eminent domain) Municipality.G.L.c.258
TORT O CO2 Zoning appeal,G.L.c.40A O E04 Taxpayer suit.G.L.c.40,s.53
O 801 Assault and battery O CO3 Dispute concerning title O ED$ Confirmation of arbitration awards.
O B02 False imprisonment O C04 Foreclosure of mortgage G.L.c.251
O 803 Motor vehicle negligence-personal O C99 Other(specify) ___ O E06 Massachusetts Antitrust Act.G.L.t:.93
injury/property damage EQUITABLE REMEDIES O E07 Governor's rendition warrent
O 804 Other negligence-personal injury/ O D01 Specific performance o1 contract O EDO Appointment of receiver
property damageO EDO General contractor's surety bond,
O BBS Products liability 0002 Reach and apply.G.L.c.214,s.3(6)-(9) G.L.c.149,u.29.29&
0806 Malpractice-medical 0003 Injunction O E10 Summary process appeal
0901 Malpractice-other 0004 Reformation or cancellation of O Ell Workman's Compensation
Instrument O E12 Small Claims Appeal
(specify) O DOS Recovery of personal property
0806 Wrongful death,G.L.c.229,s.2A O E13 Labor Dispute
O 809 Interference with contractual or Cont(equitableati replevin) O E14 Chapter 123A Petition—SDP
advantageous relations O 006 Contribution or indemnification O Els Abuse Petition.G.L.4.209A
D D07 Imposition of trust O Etb Auto 5urchar e
0910 Intentional or negligent Infliction of 9 Appeal
O DOS Minority stockholder's suit O E17 Civil Rights Act,G.L.c.12.es.1/H-1
emotional distress 0
O D09 Trade secret or confidential information
001111 Malicious prosecution-abuse of process O O E99 Other D10 Accounting (specify)
O 812 Alienation of affections O D11 Enforcement of restrictive covenant
Is this a jury case? Yes O No 33
Is this a class action? Yes O No 20
Are money damages sought? Yes O No m
It yes.state amount specified in your demand for judgment.$
If yes,but not specified as to amount,do you contend that if you prevail,there is a likelihood that recovery will
exceed$7,500? Yes O No O
SIGNATURE OF RNEY OF RECORD DATE:
OFFICE U9E O -DO—NOT-.WR-ITE 13r THIS LINE) RECEIVED
BY:
DATE
COMMONWEALTH OF MASSACHUSETTS
Essex, ss. Superior Court
Docket No.
*
BENJAMIN FARNUM
Plaintiff
*
VS.
*
FRANK SERIO, JR. , RICHARD J. * COMPLAINT PURSUANT TO
TREPANIER, ESQ. , WILLIA14 J. * G.L. CHAPTER 40A,
SULLIVAN, AUGUSTINE NICKERSON, * SECTION 17,AS AMENDED
AND RAYMOND A. VIVENZIO, ESQ.
Being Members for the Board of
3 r Appeals of the Town of North
Andover, Massachusetts
3 Defendants
a �
W
Z $ * !t * * * aY alr * * * att alt at * * ak
FC �
F O
O
W N 1. The Plaintiff, Benjamin Farnum, is an adult individual, and
a x the owner of real estate located in North Andover, Essex
M < County, Massachusetts, known as "Boston Hill" , and located off
z
Boston Street, in the Town of North Andover. Plaintiff's
a residence and mailing address are 1370 Turnpike Street, North
W Andover, Essex County, Massachusetts.
i2. The Defendants, Frank Serio, Jr. , Richard J. Trepanier, Esq* *
M d P
William J. Sullivan an Augustine .lickerson�ar., regular members
m of the North Andover Board of Appeals. The Defendant, Raymond
e F A. Vivenzio, Esq. , is an associate member of said Board. The
W Board of Appeals is an Agency of the Town of North Andover,
m < with an office located at the North Andover Town Hall, North
0
Andover, Essex County, Massachusetts.
m
3. Jurisdiction of the Court is pursuant to Massachusetts General
Laws, Chapter 40A, s17, and the general equity jurisdiction
of the Court.
4. On or about December 22, 1981, the Defendants filed with the
Board an Application for relief from requirements of the
Zoning Ordinance. The said Application requested that the
Board extend a Special Permit granted originally by the Zoning
Board of Appeals in 1957 and change the name of the Petitioner
in the Special Permit Grant from the Massachusetts Institute
of Technology to Benjamin Farnum.
5. Following the Application of the Plaintiff, the Board of
Appeals held a Public Hearing on or about Monday, January 11,
1982.
6. At the Public Hearing, Plaintiff requested by his original
Petition and Affidavits supplementing his Petition that he be
allowed to continue the use originally granted in a 1957
Special Permit, which would allow the continuance of towers
to the height of one hundred, forty (140) feet at the site.
Plaintiff sought to substitute his name as .land owner in the
Special Permit, where formerly Mitre Corporation and
Massachusetts Institute of Technology had been the Petitioner,
as tenant of Plaintiff's predecessor in title. Plaintiff at
the Hearing by Affidavit and supporting documents, presented
evidence that the continuance of the use was in no way
detrimental to or inconsistent with the Special Permit
authority, or the Zoning By-Laws as a whole. At the Hearing,
$ no opposition was entered into the record.
7. Evidence and exhibits presented to the Board for the record at
its January 11, 1982 Hearing indicated compliance with all
provisions of Section 10.31 of the Zoning By-Laws.
m
a °
S. In making its decision, the Defendant Board exceeded its
b authority as set forth in the Zoning By-Law, and as more
a specifically set forth in provisions contained in 10.31 for
W approval of a Special Permit due to the fact that Plaintiff
o ; had provided more than adequate evidence of his compliance
W u with the requirements to obtain or extend a Special Permit.
M N
Z 9. In making the said decision, the Defendants exceeded their
a authority, as set forth in the Zoning By-Law.
a �
0 0 10. As the result of the Defendants' illegal action, the
W z Plaintiff has suffered substantial damages, including but not
m ` limited to the loss of rental income from the premises.
a
W
m m WHEREFORE, the Plaintiff prays for Judgment as follows:
M z 1. Annulment of the decision of the Defendant Board.
i
g 2. An Order compelling Defendant Board to issue a Special
Permit allowing the requested use of the Plaintiff.
BENJAMIN FARNUM
By ..His Attorney
Howard M. Berger, Esq
BERGER, BERGER AND BE ER
90 Main Street
Andover, MA 01810
Tel: (617) 475-0756
Dated:
•✓`�OItT�
•
• L e. ...,• . •
RECC'L Q 9 >.�*PON#°off Any appeal shall be tiled
Is:
CAS,; L „1tiy r:���,,,���,. within (20) days after the
• Tt11' cry :•: pass :,r date of filing of this Notice
'OVERhOns^niu� .• in the Office of the Town
A , �••••vvvvv
fEg IT II 65 MClerk.
TOWN OF NORTH ANDOVER
MASSACHUSETTS
BOARD OF APPEALS
NOTICE OF DECISION
Date . . . , rebruary 17, 192
? 1
Petition No.. . . .'. . .8?.
Date of Hearing. . . . .u a ry• 11 , •19112
Benjamin Farnum . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. .
Petition of . . . . . • . . . . . . . .
ffected
Premises a . Land on the. blest. . si.de. .of. .hos.ton . St . and• ,knov.rn. •as• .5pAton Hill
Referring to the above petition - a n •e x t e n s ion of a
Special . Permit .and . a. .name chance. -from. MIT .to- .Benj ani n. Tar•num •
Boas topermit . .a chanoe in the. use. .of- communication. equi.pment located
onthe .h.i-11... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
After a public hearing given on the above date, the Board of Appeals voted to . .D.EIIY. . . the
extension .an.d . name, ch•ange . . . . . MaHUYY& iXd,XIMMllcCii4g)MA (thXXs���)1
1� i�t)(tl6X. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
?!}l0���49(��N�91 fi�P3�9i�'71�7�Xgt'R4l�ik�Rl�`x'l�(9P3�9�lkiS�'R�E
Y.foX X�(9(4�9hX9C9(9��P
Signed
Frank. Se.r. i o , . J.r. . .,. .Ch.ai r.man. . . . . . .
Richard. J .. Tre.pani er, . Esq.. , . Clerk
ATTEST: William J . Sul.liv.an• • • . . . . . . . . . . . .
A True Copy
/j % P Aug4stin.e . W... . !0.ckerson, . . . :
Town,ClQrk ” Raymond A. . .V.iv.enzJo.,. .Es.q .
Board of Appeals
F �
1" pOI1TH
'• RECE1Y F+O•'•w`•••••MO 9
DANIELLONG
�.RK
TGf:!1 [,1 . r
NORTH :.HOOVER � ' �-� •
•:r ..t•:..:' •
tQ� 4�
FEB 17 11 05 Am t!! 34cNus
TOWN OF NORTH ANDOVER
MASSACHUSETTS
BOARD OF APPEALS
February 17 , 1982
Benjamin Farnum
1370 Turnpike Street
Premises Affected :
Boston Hill
Petition No . 2 - 182
Mr. Daniel Lonn, Town Clerk .
Town Office Building
North Andover , Mass . 01845
Dear Mr. Long :
The Board of Appeals held a public hearing on Monday evening ,
January 11 , 1982 upon the application of Benjamin Farnum. The
hearing was advertised in the North Andover Citizen on December
24 , 1981 and January 7 , 1982 , and all abutters were notified by
regular mail . The following members were present and voting :
Frank Serio , Jr. , Chairman : Richard J. Trepanier, Esq . , Clerk ;
William J. Sullivan ; Augustine W. Nickerson ; and Associate Mem-
ber Raymond A. Vivenzio , Esq .
The petitioner seeks approval to extend a Special Permitranted
by the Board of Appeals in 1957 and approval to change the name
on the Permit from Massachusetts Institute of Technology to
Benjamin Farnum.
The petitioner testified , through counsel , that a Special Permit
was aranted in 1957 to PIT to extend the heiaht of a .radar tower
be on
y d the requirements of the zoning By Law. At that tire-
, the
tower was an allowed use in the Rural Residential District of the
town . The premises affected are land on Boston Street known as
Boston Hill . In 1957 , the radar and tower were necessary for
the Defense Early Warnina system of the country .
RECEI �0
i� Benjamin Farnum . ;;y^ Petition No. 2 - '82
Towi
NOfi
The petitioner further testi }' dAe(a,!tAg 'govisions
hte radar tower is no longer
an allowed use according tdEM of the zoning
By Law, thus making the use of the tower a non-conforming use , as
well as a non-conforming structure . Since the- proposed use of
the hill would change from research to predominantly commercial ,
and the name from MIT to Benjamin Farnum, a review by the Board
of Appeals is required. The radar atop the tower was removed
several years ago .
Mr. Farnum is requesting the extension and the name change because
two private corporations , Rollins Cablevision and Eastern Micro-
wave, wish to utilize the hill and the structures located thereon.
HIT, the original applicant, stated that it would like the hill to
continue to be available to it , as needed , for research and
experiments .
After a lengthy discussion between Mr. Farnum' s attorney , the
Board, and the Building Inspector , the Board voted unanimously
to take the matter under advisement.
On February 8, 1982 at their regular meeting , the Board again re-
viewed Mr. Farnum's petition . Chairman Serio passed the chair to
Member Trepanier. A. motion was made by Mr. Serio to grant the
continuance of the Special Permit and chance the name from MIT
to Benjamin Farnum with the conditions that the Permit would be
for MIT, Rollins Cablevision , and Eastern Microwave only and that
the frequencies normally associated with residential television
reception would not be interfered with . fir. Sullivan seconded
the motion , which failed 3 to 2 , with Members Serio, Trepanier,
and Sullivan voting in favor and Members Nickerson and Vivenzio
opposed.
After Mr. Serio resumed chairmanship , a motion was made by Mr.
Trepanier and seconded by Mr. Sullivan to reconsider the motion
to grant the request. The motion to reconsider passed unanimously .
After further discussion , a vote was called for on the original
motion to grant the request with the sane conditions . Members
Serio , Trepanier , and Sullivan aga.i!n voted in favor and Members
Nickerson and Vivenzio again were opposed . Therefore , the request
is denied.
The Board finds that the continuance or extension of the Special
Permit would unduly prolon(l the life of the non-conforming use of
the premises . The Board further finds that the non-conforming
structure has long since reached the end of its useful life as
contemplated under the terms and conditions of the 1957 Special
Permit , being national defense orientated , that the same may now
be removed at no cost to the petitioner- under the terms of the
original lease , and that the continuance of the Special Permit
would unduly prolong the existence of this non-conforming structure .
Sincerely ,
Frank Serio , Jr. , Chairman