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HomeMy WebLinkAboutNYNEX MOBILE COMM CO ,. RECEIVED N9a:F+ Any appeal shall be filed pANlc . i.Qtc within (20) days after the TOWN t;i. R <F: APRVLT" 0 date of filing of this Notice NSA fl*..lass ' '' in the Office of the Town OEC 10 a 1 ' �"•9sSaCH13 Clerk. }�rVVV t TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS NOTICE OF DECISION Date . . . . .D.ecmbe.r 14 , 198.4 . . .e. . . . . petition No.. . . .5.17.1.8.4. . . . . . . . . . . Date of Hearing. .a c.t o b e r 15 , 1984 petitionof . . NYNEX MOBILE COMMUNICATIONS COMPANY AND BEN.JAMIN—FAR.NUM. . . premisesaflected . . West side of 6oston Street kn.own. .as. ."Boston . Hill, Referring to the above petition for a vgtifttibix JwNixho xaquiremeftU" c S.p e.c i a.l. . Re r m i t u.n.de.r . Sect.i.m .10...31. .o.f. .th.e . Ton i.ng. .By. .Law. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . so as to permit . h o u s i.n g. .f o.r. . c.o m m.0 n i.c a t.i.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 S p e c i a l P e r.m i t_ _ . . . . . and hereby authorize the Building Inspector to issue a permit to instal.l. . and. .use. ,equ.ipmen.t . in. . .an . a.rea. .of. Iap.pr. oxim.at?1.y. .20.'x2O ' on the 5th floor of existing building and install and use five , 12 ' * for the construction of the above work, 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 Richard—J... Trepa.nie•r , Esq .. , Act•i•ng Chairman Wi.1l i.am. .J .. Su.l.li.v.an. . . . . . . . . . . . . . . . . Val t.e.r. . .F . . S.o uTe . . . . . . . . . . . . . . . . . . . . . Maur.i.ce S . To.ul d.s. . . . . . . . . . . . . . . . . . Board of Appeals Rtct)ve0 NYNEX and Benjamin FarnumQANIELLQN6 "Boston Hill " iOWN CLERX Petition No . 51- 184 NORTH ANDOVER Pageem3er 14 , 1984 ?4 ,rt 9 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 . c) There will be no nuisance or serious hazard to vehicles or pedestrians . This is an off-street location where there are no pedestrians . There is no traffic and the only vehicles will be for repair 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 Richard J Trepa er , Esq . , , Acting Chairman RJT/jw *ECEIVEO � wHO �' iONG NYNEX and Benjamin Farnum A10R1H CLE " Boston Hill " AltO Petition No . 51 - 184 December 14 1984 ON 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 , Fouldls , 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 substantialiy 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 RECEIVED DANIEL LONG "OWh Any appeal shall be filed NORTH NORIR At*Q0VeR 3 � �^- ' within (20) days after the date of filing of this Notice �� Sl in the Office of the Town Clerk. TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS December 14 , 1984 'dr . Daniel Long , Town Clerk Town Office Building North Andover , Mass . 01845 Re : NYNEX Mobile Communications Company and Benjamin Farnum West 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 - catidns Company and Benjamin Farnum . - Thehearingwas 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.