HomeMy WebLinkAboutROLLINS CABLEVISION g�r�lYEO
LAW OFFICES � � (}VAG
STEVEN M. BRODY TO ".
ONE FANEUIL HALL MARKETPLACE �Q ' �VER
BOSTON, MASSACHUSETTS 02109 4� X83
FSB �� 3
MARTIN JACOBS (617) 367-8808
Walter F. Soule February 18, 1983
70 Raleigh Tavern Lane
No. Andover, MA 01845
Frank Serio, Jr. Raymond A. Vivenzio
250 Hillside Road 11 Appledore Lane
No. Andover, MA 0184.5 No. Andover, MA 01845
Richard J. Trepanier Maurice S. Foulds
308 Massachusetts Avenue 40 Wentworth Avenue
No. Andover, MA 01845 No. Andover, MA 01845
Augustine W. Nickerson Rollins Cablevision of
100 Moody Street Massachusetts, Inc,
No. Andover, MA 01845 c/o Richard G. Asoian, Esq.
Asoian & Tully
12 Essex Street/P.O.Box 31
Re: Carter/Agler v. Serio, et al Andover, MA 01810 AND
2710 Piedmont Rd. , P,O.Box 647
To All Of The Above: Atlanta, Georgia 30301 `
Please be advised that the enclosed Complaint was filed in
the Xj;@*ke!9e% Superior Court today.
This notice is being given to you in compliance with the
service of process requirements set forth in M. G. L. Ch. 40A,
§17. Please note that no answer to the Complaint is required
under that statute, although one may be filed.
Very truly yours,
Marti acobs
MJ:opc
i
Enclosures (each)
via CERTIFIED MAIL/
RETURN RECEIPT REQUESTED
r
A
j
6
COMMONWEALTH OF MASSACHUSETTS
ESSEX, ss. SUPERIOR COURT
CIVIL ACTION
NO.
JOHN E. CARTER and' ) v
RAYMOND B. AGLER, ) S
Plaintiffs ) ,�
V. ) rr
COMPLAINT
FRANK SERIO, JR. ,
RICHARD J. TREPANIER, ) w
WILLIAM J. SULLIVAN, )
.WALTER F. SOULS, AND
RAYMOND A. VIVENZI0, )
Defendants-
1.
efendants 1. The Plaintiffs are the owners of real estate at 300 Chestnut
Street, North Andover, Massachusetts, in the County of
Essex, and are persons aggrieved, within the meaning of
G.L. c.40A §17, by the decision of the Board of Appeals of
the Town- of North Andover in denial -of their petition for-a:
Special Permit for the use of &-tower on said premises._ See
copy of petition attached hereto and incorporated herein as
Exhibit 1.
2. The Defendants, Frank Serio, Jr. , Richard J. Trepanier,
William J. Sullivan, Walter F. Soule and Raymond A. Vivenzio,
are duly constituted and regular members of the Board of
Appeals of the Town of North Andover, and all reside. in the
Town of North Andover as follows:
Frank Serio, Jr. 250 Hillside Road
(Chairman) North Andover, Massachusetts 01845
Richard J. Trepanier, Esq. 308 Massachusetts Avenue
(Clerk) North Andover,
Massachusetts 01845
William J. Sullivan 405 Salem Street
North Andover,
Massachusetts 01845
Walter F. Soule 70 Raleigh Tavern Lane
North Andover,
Massachusetts 01845
Raymond A. Vivenzio 11 Appledore Lane
North Andover,
Massachusetts 01845
3. Plaintiffs filed said petition with the Board of Appeals,
Town of Andover prior to November 14, 1983.
4. The said petition was properly advertised, and notice of
public hearing was mailed by the Board of Appeals to the
various required parties and owners; and, pursuant to said
notices, a hearing on said petition was held at the Town Hall
on November 14 , 1983.
5. Said petition was not a "repetitive petition" governed by
Section 16 of M.-G.L. c.40A or Section 10.8 -of the -Town;�s- _
zoning By-Laws':
6. In a decision dated November 23, 1983 and filed on
November 28, 1983 with the Town Clerk, the Board of Appeals
denied Plaintiffs' petition. Certified copies of said
decision and Notice of Decision are annexed hereto and .in-
corporated herein as -Exhibits 2 and 3.
7. The reasons for the findings made by the .Def endant members
of the Board of Appeals -of the Town of North Andover are
insufficient in law to warrant the denial of the petition
under the provisions of M.G.L. , c.40A S15, and the purported
-2
"decision" of the Board of Appeals does not constitute a
decision supported by proper reasons as required by 515 (5)
of Chapter 40A.
8. Th;# tower on the subject premises, by virtue of the decision
of the Town of North Andover' s Board of Appeals (as
described and attached hereto as Exhibits 2 and 3) cannot
now be safely used in the manner in which it has been used,
andinthe manner which another tower owner in North
Andover has recently been allowed by the same Board of
Appeals.
9. The decision of the Board of Appeals exceeds the Board's
authority, was not supported by substantial evidence, is
arbitrary, unreasonable, whimsical, and capricious, is
entirely inconsistent with an earlier ruling on virtually
identical issues in regard to a tower on "Boston Hill" in
North Andover, Massachusetts, and was motivated by consider-
ations outside the scope of the legitimate concerns of -the y
Board and the Board's authority -under G.L. c.40A_and the
Town's Zoning By--Laws. See copy of decision attached hereto f
and incorporated herein as Exhibit '4 .
10. Desirable relief can be granted to the Plaintiffs without
substantial detriment to the public good, and without
substantially derogating from the intent- and purposef the:
zoning by-law. s
WHEREFORE, the Plaintiffs seek:
A. That the findings and rulings of the Defendant members-of
the Board of Appeals of the Town of North Andover, denying
-3-
• e
Plaintiffs' petition for a Special Permit, heretofore
previously described, be annulled and that this Court make
an order granting Plaintiffs the Special Permit, as sought.
B. Costs and reasonable attorneys` fees against the Board as
authorized by M.G.L. c.40A §17 where th4!3Board acted with
gross negligence, in bad faith and/or with malice.
C. Far such other and further relief as this Court may deem
just and proper under the circumstances.
By their Attorney,
Wa-rtih Jac b .
One raneui all Marketplace .
Boston, Massachusetts 02109
Telephone: (617) 367-8808
DATED: December 16, 1983
ii
-4-
• vCIYED
iii r.;�.?�i
COMMONWEALTHN0 1 V Cii OF MASSACHUSETTS p ��S5
ESSEX SS. SAL �OI7RT'Fp��
CIVIL ACTION
NO.
JOHN E. CARTER and )
RAYMOND B. AGLER, )
Plaintiffs )
V. ) COMPLAINT
WALTER F. SOULE, }
FRANK SERIO, JR. , RICHARD J. }
TREPANIER, AUGUSTINE W. )
NICKERSON, RAYMOND A. )
VIVENZIO, MAURICE S. FOULDS, }
and ROLLINS CABLEVISION OF }
MASSACHUSETTS, INC. , )
Defendants )
1. The Plaintiffs are the owners of real estate at 300 Chestnut
Street, North Andover, MA, in the County of Middlesex, and are
persons aggrieved, within the meaning of G.L.Ch. 40A, §171 by
the decisions of the Board of Appeals of the Town of North
Andover in the denial of applications by Rollins Cablevision i
of Massachusetts, Inc. (as lessee) for the use of a tower on
said premises. See copies of applications attached hereto as
Exhibits 1 and 2.
2. The Defendants, Frank Serio,Jr. , Richard J. Trepanier, Augustine
WALTER F. SOULE
W. Nickerson, Raymond A. Vivenzio,/and Maurice S. Foulds, are the
duly constituted and regular members of the Board of Appeals of
the Town of North Andover, and all reside in the Town of North
Andover as follows:
Frank Series Jr.
250 Hillside Road
(Chairman) North Andover, MA 01845
Richard J. Trepanier, Esq. 308 Massachusetts Avenue
(Clerk) North Andover, MA 01845
Augustine W. Nickerson
100 Moody Street •�
North Andover, MA 01845
Walter F. Soule 70 Raleigh Tavern La.
North Andover, MA 01845
Raymond A. Vivenzio 11 Appledore La.
North Andover MA 01845 .
Maurice S. Foulds 40 Wentworth Avenue j
North Andover, MA 01845
3. The Defendant, Rollins Cablevision of Massachusetts, Inc.
("Rollins") , c/o Richard G. Asoian, Esquire, Asoian & Tully,
12 Essex Street, P. O. Box 31, Andover, MA 01810, is a
i
Massachusetts corporation duly organized and existing by law j
with a usual place of business at 2710 Piedmont Road, P. O.
Box 647, Atlanta, Georgia 30301 , and is the original applicant
in regard to the applications filed with the Town of North
Andover Board of Appeals, copies of which are attached hereto
as Exhibits 1 and 2.
4. Rollins filed said applications with the Board of Appeals,
Town of Andover prior to January 10, 1983. Exhibits 1 and 2 �.
are herein incorporated in full by reference.
5. The said applications were properly advertised, and notice of
public hearing was mailed by the Board of Appeals to the
various required parties and owners; and, pursuant to said
notices, a hearing on said applications was held at the Town
Hall on January 10 , 1983.
6 . In decisions dated February 1, 1983 and filed on February 1,
1983 with the Town Clerk, the Board of Appeals denied both
applications. Certified copies of both decisions and Notices
i
of Decisions are annexed hereto and incorporated herein as L
Exhibits 3 and 4 .
7. The reasons for the findings made by the Defendant members
of the Board of Appeals of the Town of North Andover are
insufficient in law to warrant the denials of the applications
under the provisions of M. G. L. , Ch. 40A, §15, and the
purported "decisions" of the Board of Appeals do not constitute
decisions supported by proper reasons- as required by §15 (5)
of Chapter 40A.
8 . The tower on the subject premises, by virtue of the decisions
of the Town of North Andover' s Board of Appeals (as described
and attached hereto as Exhibits 3 and 4) cannot now be used
in the manner in which it has been used, and in the manner
which Rollins needs it to be used. Rollins has, as a result,
given notice to Plaintiffs of the termination of an existing
lease agreement.
9 . The decisions of the Board of Appeals are arbitrary,
unreasonable, whimsical, capricious and entirely inconsistent j
with/earlier ruling on virtually identical issues in regard
to a tower on "Boston Hill" in North Andover, MA. See copy j
. of decision attached hereto and incorporated herein as
Exhibit 5.
i
10. Desirable relief can be granted to the Plaintiffs without
f
substantial detriment to the public good, and without sub-
. ;
stantially derogating from the intent and purpose of the
zoning by-law.
i
j
t 4
aJ t
1
4
WHEREFORE, the Plaintiffs seek:
A. That the findings and rulings of the Defendant members of
the Board of Appeals of the Town of North Andover, denying
the applications of Rollins for review of the Building
Inspector' s decision and for a special permit, heretofore
previously described, be annulled.
B. For such other and further relief as this Court may deem
just and proper under the circumstances.
By their attorney, i
Martin JKcgbs
One Fan4wA Hall Marketplace
Boston, MA 02109
(617) 367-8808
DATED: February 18 , 1983
i
,u
t
-4-
�ceived ;,y Town Clerk :
te ; Ft (1RF NORTH ANDOVER, MASSACHUSETTS
i Iz BOARD OF APPEALS
�zACHus°�
�otice : Tr application must be typewritten
APPLICATIOl �R R LIEF FROM THE REQUIREMENTS OF THE ZONING ORDINANCE
c/o Richard G. Asoian
ASOIAN & TULLY
)plicant Rollins Cablevision of Massachu Address Essex St_ , P-0. Box 31
setts, Inc. Andover, MA 01810
1 . Application is hereby made
( a J N/�trr-�--+ra�i-a-►�c-e-� -tt�-r��-i-r�u.exa-ts...o.i±_S.ec.tian-------�arag�a{�b-
-acrd-4'•aW•e--------o4- rhe--Zox i-+fig--6-" .
-Zatt-i tt-g--8�-•-L-
( c) As a party aggrieved , for review of a decision made by the Building
Inspector or other authority .
tower
2.. ( a) Premises affected are land / X and numbered
off of '300 Chestnut St. . (Land -S►L-P-L• known as "Mill 's Hill")
( b }N/ re7rrl-s-e�-a�FFt�-te-d- ire
-S-t u'-n--(--+ was- '{--`)'-+e -- --}-si-de -o-€-
St-r e ,--arrd-+frow-i'r-es--tFor% JS*_reed-
( c) Premises affected are itf Zoning District R-3 dnd the premises
affected have an area of 3375 acre& 5-q-t Pe•-f-eeit and frontage of
125 sq -r2 feet . on Chestnut St.
3 . Ownership
(a) 11ame and address of owner ( if joint ownership , give all names ) :
John E Carter & Raymond B, Agler, 300 Chestnut St North Andover, MA
Herbert & Joan Hatem
Date of purchase Previous. Owner�oseph y MahOnAY
( b ) If applicant is not owner , check his interest in the premises :
Prospective Purchaser X Lesee Other (explain )
N/A f-�aat; feel •dee$(
fee+r
( a ) Approximate date of erection :
( b) Occupancy or use of each floor :
(c) Type of construction :
5 .. Size of existing building : 10 feet front ; 12 feet deep ;
Height : 1 stori es ; approxi- feet . TOWER HEIGHT: 140 feet.
mately 8
(a ) Approximate date of erection : 1958
(b ) Occupancy or use of each floor : Utility building houses electronic
equipment; standard electronic communication a ui ment is attac ed to the
Tower
(c) Type OT construction : =steel radio tower
6 .. Has there been a previous appeal , under zoning, on these premises? Yes
If so , when? January 4r 1958
A determination
17 . . Description of relief sought on this petition � (a) that the action taken by the _
Inspector of Buildings in his December 31 1982 correspondence is incorrect; and
(b) the 1958 variance permits the A licant to use th '
tion tower and the tower site for its cable television equipment.
8 • Deed recorded in the Registry of Deeds in Book 1366 Page 556 or
Land Court Certificate No . NIA Book age
r
The principal points upon which I base my application are as follows :
( Must be stated in detail )
The Applicant's proposed use of the existing 140 ft. communications tower is ::
permitted under the terms of the January 4 ,, 1958 decision of the Board of
Appeals which granted an unconditional variance for the construction of said
tower. The use of electronic communications equipment, including cable tele
vision equipment, on the tower and within the tower site is permitted under
the terms of the Variance.
I agree to pa for advertising in newspaper and incidental expenses*
I
Petitioner 's Si nature
Ric d G. Asoian, ttorney for Rollins Cablevision of Massachusetts, Inc.
i
Sec . 1 APPLICATION FORM
Every application for action by the Board shall be made on a form
approved by the Board. These forms shall be furnished- by the clerk
upon request . Any communication purporting to be an application
shall be treated as mere Ootice 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 is located
in another city or town , the Planning Board of the city or town, and
the Planning Board of every abutting city or town .
Every application shall be submitted with an application charge cost
in the amount of $25 . 0,0 . In addition , the petitioner shall be respon-
sible for any and all costs involved in bringing the petition before
the Board. Such costs shat-I include mailing and publication , but
are not necessarily limited to these .
LIST OF PARTIES IN INTEREST
Name Address
SEE SHEET ATTACHED HERETO
( Use additional sheets if necessary)
4
LIST OF ABUTTERS
Name Address
Dewi Realty Trust 130 Lisa Lane
North Andover, MA 01845
Gilbert 0. Rea yy AA f
Heid A 6v r, 49 01'fyJ
Greenwood Associates 300 chestnut Street
North Andover, MA 01845
Peter R. Ayer, Jr. 386 chestnut Street
North Andover, MA 01845
Maria Jean Woodford 386 chestnut Street
North Andover, MA 01845
v Henry & Kathleen M. Hamel 374 Chestnut Street
North Andover, MA 01845
Thomas D. & June E. Finocchiaro 364 chestnut Street
North Andover, MA 01845
Gary F. & Rosanne Ritter 2 Blueberry Hill Lane
North Andover, MA 01845
,i Richard & Nancy L. Lamattina 21 Evergreen Drive
North Andover, MA 01845
;i Paul V. Davis 108 Brookings Street
Medford, MA 02155
Thomas G. & Margaret E. Bentley
Bu A e%y
Peter J. & Karen K. • 425 Chestnut Street
North�Andover, MA 02155
y( William D. Miller Chestnut Street
North Andover, MA 01845
X James F. & Beverly J. Kelly Chestnut Street
North Andover, MA 01845
John A. & Frances J. Wisuneusky 94 Blueberry Hill Lane
North Andover, MA 01845
�( John T. & Johnnie T. Burnett 84 Blueberry Hill Lane
North Andover, MA 01845
X Paul G. & Addrienne M. LeBrun 74 Blueberry Hill Lane
North Andover, MA 018450,
NORTH ANDOVER BUILDING DEPARTMENT MOR7y
120 MAIN STREET ;
NORTH ANDOVER, MA 01843 w
s r
1p
• •
cwu+
INSPECTOR OF HUILk)INOtl
Tst• 888-8102
ELECTRICAL INSPECI'OH
s
GAS INSPECTOR December 3, 1962
Richard Asoian, Esq.
Attorney for Rollins Cablevision
12 Essex Street
Andover, Ma. 01610
Dear Sir:
I have been requested in writing to investigate an
alleged zoning violation concerning the proposed use of the
tower located on the property of John Carter, 300 Chestnut
Street.for the reception and distribution of television signals.
In reviewing the situation, I find that a variance
was granted to M.I.T in 1958 to erect a tower in excess of the
allowed height for testing and research. The use of the land
for towers was permitted at that time but such use has since
been removed from the Zoning By—Law as an allowed use. As a
previously existing non-conforming use, any use of the tower is
limited to that conducted before the zoning ,change disallowing
such use. Therefore, the proposed use of the tower for commercial
purposes by Rollins Cablevision is a change in use that cannot be
allowed.
Even if one were to disagree with the above interpreta—
tion, it is a fact that the tower in question is a non-conforming
structure and the use of the tower is a non-conforming use. The
law requires that any change or expansion of a non-conforming use
or structure requires a srzcial ;permit from the '7onina 13oard of
Appeals. No such special permit exists.
In conclusion, I reiterate that the tower in question
cannot be used for receiving and distributing television signals,
because it would be a commercial use in a residential district.
No changes or additions may be made to the tower for the proposed
commercial use.
Very truly yours,
CHARLES H. FOSTat
F
INSPECTOR OF BUILDIWaS
CHF:of
i
a
r
5 - 29-49 —�-
32-37-1
ocxr�c+c. cJCiovcs
3.85 b► '? E DN
"+f
I t
i
gai.I�ss Fto�►D
01,
0
# ` UTILITY BLDta. N
•r r �� A
3 L
140' I
MOMITOt{1fvG TOWCP x �`
GAL-V. Y�1
` STEBl.. Frimce s
LoT
Lulw
gREA 3.75 gcA*S t
.r.
0,- of R Ili t
`�, tib: 1 i �. �, Y + �� ,'`�V •�• Y' r y
++-- No - 3o-32W z42.8f' ao
V
12'5.00
1
713 sa•FT. L*T 14
AREA•Zs b&r sa.+�T. N Lor 1� o
N ,
;� f~
AREA
(n 3
N N ;' I ► ti
d1 M +
O
OD ao t
'y 4-54 43�
-YA. ' " ,�p.OI' ^`��. 125.40' \ ` •k': fZS.o0,0,
`� NOt7
43-0416W .
[' T �
/lf'
91..16- Vqa► 8+..& Vlli*'1'F{ C HE J f
STREET
� � t
RECOVER No�rp
f LO O�••..n.•
"I�t 4 XR��tIIYB;
TOWN OF NORTH ANDOVER
MASSACHUSETTS
BOARD OF APPEALS
December 7, 1984
Mr . Daniel Long, Town Clerk
Town Office Building
North Andover, Mass. 01845
Re: Addendum to Petition No. 6-183
Rollins Cablevision of Massachusetts
Land off 300 Chestnut Street
Essex S perior Court Docket No. 83-463
Dear Mr. Long:
The North Andover Board of Appeals hereby makes the following
additional specific findings for Petition No. 6-' 83, being the
petition of Rollins Cablevision of Massachusetts, same to be
attached to the original decision previously filed with your office
on February 1, 1983.
In considering this matter, the Board finds:
1. That the continuance or extension of the Special Permit would
unduly prolong the life of the non-conforming use of the
premises .
2. Granting the Special Permit would amount to an indefinite
continuance of a commercial use in a homogeneous residential
district .
3. 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 variance, being national defense
oriented, the structure having been erected in 1958.
4. That the continuance of the Special Permit or the grant of a
Special Permit would unduly prolong the existence of this
non-conforming structure.
5. Granting the Special Permit would amount to an indefinite
continuance of a commercial structure in a homogeneous
residential district.
I
Addendum to Petition No. 6-'83LLg
Rollins Cablevision of Massachusetts � NANDOveR
December 7, 1984
Page 2 y
6. The existence or increase of the non-conforming use with the
addition of three dishes and fourteen antennas and a portable
building is more than 25% of the original use as outlined in
Section 9.2 (3) .
7. That Section 10. 31 ( 1 a) of the Zoning By Law has not been met
since it is a commercial use in an residential area.
8. The use as developed will adversely affect the residential
neighborhood, so Section 10. 31 ( 1 b) has not been met.
9. Section 10. 31 ( 1 e) is not met because the indefinite
continuance of a commercial use in a relatively homogeneous
residential district is not a use that is in harmony with the
general purpose and intent of the Zoning By Law.
Accordingly, the Board of Appeals of North Andover voted three to
two to deny the Special Permit .
Sincerely,
BOARD OF APPEALS
Frank Serio, Jr . ,
Chairman
jw
cc Civil Clerk' s Office, Essex Superior Court, Attn. Judge Forte
Attorney Joseph E. Boulanger
Rollins Cablevision of Massachsuetts
Messrs . John Carter and Raymond Agler
Parties in Interest
Building Inspector
Assessor ' s Office
File
w
,�'.a�lbv
... r°..ny _
within (20) days after the
o�.
date of filing of this Nairsp
T`' `�' In the Office of the 10)Nn
'►'�ACHUg�,{� Clerk.
FEB
TOWN OF NORTH ANDOVER
MASSACHUSETTS
BOARD OF APPEALS
NOTICE OF DECISION
Date . . February 1, 1983
Petition No.. . . .6 . 7-1.1.3 . . . . . .
Date of Hearing. .January 10 , 19 83
Petition of . . .ROLLINS CABLEVISION OF MASSACHUSETTS , INC,
Premises affected . LandI . off 300 Chestnut Street known as "Mills. Hill
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Referring to the above petition for a special .Permit
under , Section. .9.,. .Parag.raphs. .9. 1-,and. 9...2-of. .the .Zoning. Ry. .Law. . . .
so as to permit the . app l.i.camt. to. .use ,the . e.xiating . 140. .foat. communi.cation
tower and the proposed utility building .for its cable television
antennas . and–dishes. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
After a public hearing given on the above date, the Board of Appeals voted to PENY. . , . the
Special Permitfiif1SiDOld733l�i �f11XiC
1 . . . . . . . . . . . . . . . . . . .
�3cs� i�tiw� Oxe>x �asedx�,��re�f ��ia
Signed
Frank Serio, Jr. , Chairman
Richard J. Trepanier, Esq. , Clerk
Augustine W. Nickerson . . . . . .
Raymond A. Vivenzio, .Esq.
Mauri6e S. Foulds
. . . . . . . . ... . . . . . . . . . . . . . . . . . . . . . . .
Board of Appeals
Any appeal shall be filed
°sy" within (20) days after the
fPtt ,r µ date of filing of this Notice
DA 3
in the Office of the Town
�r l R Clerk.
FEB 1 2 09 FM '83
B�cNug�
TOWN OF NORTH ANDOVER
MASSACHUSETTS
BOARD OF APPEALS
February 1, 1983
Rollins Cablevision
of Massachusetts , Inc.
Land off 300 Chestnut St.-
Petition No. 6 - '83
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, Jan-
uary 10 , 1983 upon the application of Rollins Cablevision of Massa-
chusetts , Inc. The hearing was advertised in the North Andover
Citizen on December 23 and 30 , 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;
Augustine W. Nickerson; Raymond A, Vivenzio, Esq'. ; and Maurice S .
Foulds.
The Board rendered their decision at a Special Meeting held on
Tuesday evening, January 18, 1983 with members Serio, Trepanier,
Nickerson, Vivenzio, and Foulds again present and voting.
The petitioner seeks a Special Permit under Section 9i Paragraphs
9 . 1 and 9 .2 of the Zoning By Law so as to permit the applicant to
use the existing 140 foot communication tower and the proposed
utility building for its cable television antennas and dishes on
the premises located at land off 300 Chestnut Street and known as
Mills Hill.
The petitioner testified through Attorney Richard G. Asoian that
the proposed changes to the site are a larger building, the addition
of 3 dishes , and additional antennas . There is adequate screening
on the premises so the site as developed would not be offensive to
the neighborhood.
A motion was m b Mr Foulds and seconded b Mr. Nickerson to
otio a made y , 1 y
deny the Special Permit. The motion failed to carry with members
i
. ..RECLlVED
Petition No. 6 - 183 DANIEL LONG
TOWN CLERK
Rollins Cablevision of Massachusetts , Inc, NORTH ANDOVER
February 1 , 1983
Page 2 FCS 2 09 FN '83
Foulds , Nickerson and Vivenzio voting in favor of the motion and
members Serio and Trepanier voting in opposition.
Therefore, the petition is denied, pursuant to M.G.L. Chapter 40-A
and the zoning By Law of the Town of North Andover, Section 10 ,
Paragraph 10 . 4 (2)
Sincerely,
BOARD OF APPEALS
Frank Serio, Jr. ,
Chairman
FS/jw
. ` '�FfVnEtyJ,
f
r o� •
DEC
s�cNus
TOWN OF NORTH ANDOVER
MASSACHUSETTS
BOARD OF APPEALS
December 7, 1984
Mr. Daniel Long, Town Clerk
Town Office Building
North Andover, Mass. 01845
Re: Addendum to Petition No. 5-'83
Rollins Cablevision of Massachusetts
Land off 300 Chestnut Street
Essex Superior Court Docket No. 83-463
Dear Mr. Long:
The North Andover Board of Appeals hereby makes the following
additional specific findings for Petition No. 5-' 83, being the
petition of Rollins Cablevision of Massachusetts, same to be
attached to the original decision previously filed with your office
on February 1, 1983.
In considering this matter, the Board finds:
1. That a variance was granted to MIT in 1958 to erect a tower in
excess of the allowed height for testing and research.
2. The use of the land for towers was permitted at that time but
such use was removed from the Zoning By Law as an allowed use in
1972.
3. As a previously existing non-conforming use, any use of the
tower is limited to that conducted before the zoning change
disallowing such use.
4. Therefore, the proposed use of the tower for commercial purposes
is a change in use which cannot be allowed.
5. Sections 9. 1 and 9.2 of the Zoning By Law require that any
change or expansion of a non-conforming use or structure
requires a Special Permit from this Board and no such Special
Permit exists for this proposed new use of the tower .
EIV
Addendum to Petition No. 5 - '83 v4wl Rollins Cablevision of Massachusetts A
December 7, 1984
Page 2 h, l iq 11 m v
Accordingly, the Board of Appeals of North Andover has voted four to
one to deny this request, and thereby upholds the written determi-
nation of the Building Inspector contained in his letter to
Richard Asoian, Esq. , dated December 3, 1982.
Sincerely,
BOARD OF APPEALS
Frank Serio, jr . ,
Chairman
jw
cc Civil Clerk' s Office, Essex Superior Court, Attn. Judge Forte
Attorney Joseph E. Boulanger
Rollins Cablevision of Massachusetts
Messrs. John Carter and Raymond Agler
Parties in Interest
Building Inspector
Assessors' s office
File
Any appeal shall be filed
fNORTH'y y within (20) days after the
�e j ;30�`�� �`� date of filing of this Notice
in the Office of the Town
h Clerk.
hGr W!IVER cHug�
FEB I 09 F9 13 TOWN OF NORTH ANDOVER
MASSACHUSETTS
BOARD OF APPEALS
NOTICE OF DECISION
February 1, 19133
Date . . . . . . . . . . . . . . . . . . . . . . . . . . . .
-18
Petition No.. . . I5. . . .3. .
January 10 , 1993
Date of Hearing. . . . . . . . . . . . . .
Petition of . . : .ROLLINS .CABLEVISION OF MASSACHUSETTS , INC.
premises affected Land off 300 Chestnut Street known as "Mills Bill"
Referring to the above petition for .review .of .a.
decision made by the Building Inspector and a determination that
the': action. .taken. by. .the .BLUlding .Inspector. i.n. his, Decemb3
er. . ,. .1982
correspondence is incorrect, and a determination that a 1958 variance
xiaAwwpenrik p.ermits. .the. applicant. .to. .use ,the. exiating. .140. 1oat. communi-
cation tower and the tower site for its television equipment.
After a public hearing given on the above date, the Board of Appeals voted to . . .DEN$. . . . the
. . . . . .petition. . . . . . . . . . . . Ixl3er;' aexia' I �sxCostx
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
�fraa�ctln�xco�tiornsrl'xtlne�alo�vexaaori��>aasm� s .
Signed
Frank Se io,, _Jr. 1 . Chairman. _ .
Richard J. ,Trepanier,, .Esq.. ,. Clerk
Raymond .l,... _VivenZio, . E.sq... . . . . . . .
Walter. F.. .SQ.ule. . . . . . . . . . . . . . . : . . .
Board of Appeals
Any appeal shall be filed
_ within (20) days after the
Di ,�0 ; VR date of filing of this Notice
T®`' { - x In the Office of the Town
NORTe .:`VER Clerk.
a>•,,..
FES f 2 69 FM 183
TOWN OF NORTH ANDOVER
MASSACHUSETTS
BOARD OF APPEALS
February 1, 1983
Rollins Cablevision
of Massachusetts, Inc.
Land off 300 Chestnut St.
Petition No. 5 - 183
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,
January 10 , 1983 upon the application of Rollins Cablevision
of Massachusetts , Inc. The hearing was advertised in the North
Andover Citizen on December 23 and 30 , 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; Augustine W. Nickersonp Raymond A.
Vivenzio, Esq.; and Walter F. Soule.
The Board rendered their decision on Tuesday evening, January 18 ,
1983 at a Special Meeting with members Serio, Trepanier, Nickerson,
Vivenzio, and Soule again present and voting.
The petitioner seeks a review of a decision made by the Building
Inspector and a determination that the action taken by the Building
Inspector in his December 3, 1982 correspondence is incorrect, and
a determination that a 1958 variance permits the applicant to use
the existing 140 foot communication tower and the tower site for
its television equipment, on the premises located at land off
300 Chestnut Street and known as Mills Hill.
Attorney Richard G. Asoian representing the petitioner, testified
that an inquiry was made to the Building Inspector as to the uses
allowed on the premises.
He further testified that no structural changes are proposed and the
applicant proposes to continue the use of the tower in the manner
in which it was previously utilized.
i
Petition No. 5 - 183 i "8G
Rollins Cablevision of Massachusetts, NOirtdigyER
February 1, 1983 g
Page 2 FE8 ag r4183
Mr. Larry Fitzsimmons Pi simm ns of Rollins Cablevision
testified that the
petitioner proposes to add 14 antennas and 3 dishes, as well as
a portable building on the site, replacing the existing builidng.
The Building Inspector, in his letter dated December 3, 1982 , de-
termined that: a variance was granted in 1958 , allowing the con-
struction of the tower for the purpose of testing and research,
in excess of the height requirement of the Zoning By Law; the use
of the land for towers was permitted at that time , but such use
has since been removed from the Zoning By Law as an allowed use,
rendering both the structure (tower) and the use of the structure
non-conforming and that any use of the tower is limited to that
conducted before the Zoning change. Therefore, the proposed use
of the tower for commercial purposes is a change in use which
cannot be allowed.
In addition, the Building Inspector stated in his determination
that any change or expansion of a non-conforming use or structure
requires a Special Permit from the Board of Appeals .
Upon a motion made by Mr. Nickerson and seconded by Mr. Vivenzio,
the Board voted four to one to deny the requestF thereby upholding
the Building Inspector's determination that the structure and use
of same is a change in use which cannot be allowed. Members Serio,
Trepanier, Nickerson, and Vivenzio voted in favor of the motion
and Member Soule voted in opposition.
Sincerely,
BOARD OF APPEALS
Frank Serio, Jr. ,
Chairman
FS/jw
Received by Town Clerk : � NORTM
��- o •_� o�
date : T
' b pF�HORTH ANDOVER, MASSACHUSETTS A
r;
T EPOARD OF APPEALS
Ti me NO, ,, �,� �'s;CH„s
Nottice : 1ti lication must be typewritten
APPLICATION FORIREOLIEF FROM THE REQUIREMENTS OF THE ZONING ORDINANCE
c/o Richard G. Asoian
Applicant Rollins Cablevision of Massachusetts Address Inc ASOIAN & TULLY
i2 �,gaax Sr 0,-1,Q Box 31
I . Application is hereby made Andover, MA 01810
N
(a) s - --para-aryee- sex► k►e-- � etnen-1s-o-f-Sae #on---------Pa1-agra-ph
a-i+d--T-a44,o----------ate-t4+e-4o*� --Ry-+*ws
9.1 and
(b) For a Special Permit under Section 9 Paragraph 9.2 of the
Zoning By-Laws .
( c)NA�-a--pip€�--�g�-ry-eve-d-,--€e-�-rem-i-ew--o-f-a-�iee-i-s-i-o•n--made-�p-tirer-$-u�'rfi•d-'i-n-g
andTower
Z . ( a) Premises affected are land . X and buildinq(s) / x numbered
off of 300 Chestnut St. (land known as 5-trg-et ; "Mill s Hill
01A
1A Pre mi-s�s-a f fe c t�d-a�^e -P rer�rerty -wi-Eh-frcrnta-g�-fl ir-E hie-1Vvrtir-f--
-Go-a€-fir--{----}---Eta-s-t--�--�---#est-�---}-s•'rcte--o-f
�re�,--a-ird--knm+trr-as--Ata. -�t�
( c) Premises affected are . Irn Zoning District R-3 and the premises
affected have an area of 3.75 acres s-ttrare--fee-t and frontage of
125 s-"ai-e- feet.on Chestnut Street.
3. Ownership (Assessor's Map 98C, Parcel 2)
( a) Name and address of owner ( if joint ownership , give all names ) : r
John E. Carter & Raymond B Agler, 300 Chestnut St. , North Andover, MA
Date Of purchase (Herbert & Joan Hatem
P 4/3/79 Previous Owner. Jose h V. Mahone
(b) If applicant is not owner, check his interest in the premises :
Prospective Purchaser x Lesee Other (exp.lain)-
i
4. Size of proposed building : 12 front ; 24 feet deep;
Height : I stories ; 8 feet, plus 15 feet for cable T.V. dishes.
(a ) Approximate date of erection : Promptly after application allowed.
( b) Occupancy or use of each floor : Proposed utility- ui ing will replace existing
building for storage .of equipment and placement of cable T.V. dishes.
(c) Type of const ruction : Prefabricated precast concrete see specification s eet
5 . Size of existing building: 10 feet front; 12 feet deep ;
Height: 1 stories ; 8 feet . TOWER HEIGHT: feet
(a ) Approximate date of erection : 1958
(b) Occupancy or use of each floor: Utilit building houses electronic equipment;
gtandard electronic communication a ui ment is attached to the Tower.
(c) Type of construction : Steel radio tower.
6 . Has there been a previous- appeal , under zoning , on these premises? Yes
If s o , when? January 4. 195.8
7. Description of relief sought on this petition A Special Permit under sections 9.1
and 9.2 to allow the Applicant to use the existing 140' communication tower (built pursuant to.
the 1958 variance) and the proposed utility building for its cable T.V. antennas and dishes.
8. Deed recorded in- the Registrof Deeds in Book 1366 page 556 or
Land' Court Certificate No. NY/A Book Page
r I
The principal points upon which I base my application are as follows :
(Must be stated in detail )
The 140' communication tower has been in existence since 1958. The tower site is enclosed
by an existing 35' by 35' (approx.) galvanized steel fence 6' in height There will be no
structural or height changes to the existing tower. The existing utility building will be
replaced with a more attractive prefabricated precast concrete utility building. The site
will continue to be unmanned and will thus not increase traffic on the site or in the
neighborhood. The effect on the surrounding neighborhood will be no different than the
effect now in existence.
I a ree to pay for advertising in newspaper and incidental expenses*
hard G. Asoian, Attorney for Rollins Cablevision of Massa husettse., Inca nature
Sec. 1 APPLICATION FORM y
Every application for action by the Board shall be made on a form
approved by the Board. These 'forms shall be furnished by the clerk
upon request . Any communiption 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. f
Every application shall be submitted with a list of "Parties in j
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 is located
in another city or town , the Planning Board of the city or town , and
the Planning Board of every abutting city or town .
* Every application shall be submitted with an application charge cost
in the amount of $25 . 00i In addition , the
sible for any and all costs involved in bringing ther shall be respon-
the Board. Such costs shall include mailingbringing
petition before I
are not necessarily limited to these , Publication , but
f
LIST OF PARTIES IN INTEREST
NaMe
Address
SEE SHEET ATTACHED HERETO
( Use additional sheets if necessary)
J
LIST OF ABUTTERS
Name Address
✓ Dewi Realty Trust 130 Lisa Lane
North Andover, MA 01845
Gilbert 0. Rea
Iva-d4 fd�x, 9 oi�Ys
V Greenwood Associates 300 Chestnut Street
North Andover, MA 01845
✓" Peter R. Ayer, Jr. 386 Chestnut Street
North Andover, MA 01845
Maria Jean Woodford 386 Chestnut Street
North Andover, MA 01845
v Henry & Kathleen M. Hamel 374 Chestnut Street
North Andover, MA 01845
✓' Thomas D. & June E. Finocchiaro 364 Chestnut Stmt
North Andover, MA 01845
X Gary F. & Rosanne Ritter 2 Blueberry Hill Lane
North Andover, MA 01845
Richard & Nancy L. Lamattina 21 Evergreen Drive
North Andover, MA 01845
u" Paul V. Davis 108 Brookings Street
Medford, SMA 02155
Thomas G. & Margaret E. Bentley
lJullc�/�
Peter J. & Karen K. .�i�ey 425 Chestnut Street
_ North Andover, MA 02155
f( William D. Miller Chestnut Street `
North A Kjover, MA 01845
James F. & Beverly J. Kelly Chestnut Street
North Andover, MA 01845
;y John A. & Frances J. Wisuneusky 94 Blueberry Hill Lane
North Andover, MA 01845
�( John T. & Johnnie T. Burnett 84 Blueberry Hill Lane
North Andover, MA 01845
X Paul G. & Addrienne M. LeBrun 74 Blueberry Hill Lane
North Andover, MA 01845 ` G - 7 �G�
-t The EAST-SET Precast Concrete Building from Concrete Systems Inc. provides
you with 10 tons of.solid, maintenance free security, and utility, at one-third
the cost of conventional construction.
E Concrete Systems Inc,can provide you and seal them against moisture,eliminating tions, the East-Set precast building is easily
with a building that will last a lifetime, the need for surface coating.Joints are the most versatile product of its kind available
Assembled and delivered to your location in caulked with a flexible sealant made to main- today.
one modular unit,your Easl-Set building lain a permanent seal under the severest GENERAL SPECIFICATIONS
provides you protection against weather and handling conditions.
unauthorized personnel,theft,vandalism, - Attractively finished with aggregate river
fire and withstands the severest weather stone, brown or gray, imbedded in concrete,
conditions. leaving you with a building which provides a ; sleet Grade 1160 Reinforced ncretc:gteel bar reinforced 4,000 PSI
The East-Set building is constructed of lifetime of maintenance tree service. . Doors:Honeycomb-core steel,double
1 steel-reinforced,3 thick Attractive enough to fit into an residential doors,5 x 6•e-x tai.-18 gauge.
1 " precast Concrete y
. Roof Load:40 PSF Live Load
panels. Post tensioning is applied to the roof environment, but durable enough to meet post Tensioning:Roof and Floor,totally watertight
! and floor panels to provide added strength, the strictest commercial and industrial applica- surface accomplished by 2e.a>4 lbs,of
I uniform compression.
EAST-SE? FEATURI Ss
? • Two Honeycomb-core steal
doors and steel Mnges for
sacurfly.
• Dead Bolt"aunty tock with
door hanks optionaL
t • Meewna 12 'x 2 V x 8'
if+xted6�aR�bt:ol+atrueted - �.,�.�
of steel=rdntwwd
jconcrete 4.o00PSI.
• Meete(ANS)American
National Standard and
American Concrete Institute "~
(AGI-376-77)building
nquimments.
• Roof Is Pitched 1"from front to
back with a 1W*continuous
perimeter overhang.
• Rear panel has two 7" x i6"
' vents for ventilation,
constructed of 12.5 gauge
aluminum.
• Panels are securely fastened
with welded'l."steel ! -
brackets,accompanied
withW"bolts and mating
{ screw anchor.
• No tooting or excavation
requlred. -
i
w
2 Z9— 9?fe --+- 410pom opt, cscso
G .nl3' ✓ K 320.93' 32-37-17E
/�t4 ESL4 IZ o�►D � �;
Ai
f k • �
1 10'x Ix' ac
` UTILITY "BLD6A. N
- twi
3
` � N
1
} '" 140' 0
`s x } 1
MCy�`1�T01♦;IMG 'l"ovaElt '^... � GU
W GALV. V)
STEEL. Fcme
8;
�y
"T PIlN 17/'7/
va gREA 3:75 Ackf S =
F,i 6�elrN-4s C•
0,fo6P,r
Y;• t4,yr A ,s
1
.. •►--�—N O - 30-52 W 24 2.8►` 40
)IT. 1 IZ5.0013
_kn •� L4T , 14 : � � .
713 SQ-FT N
{ /AREA• t51,b6> 34.FT LOT I!5 O
AREA So.9T. m
a
c+ m
OD
1
W) vi
h
•
---�• f44-54- 43E ---ww
t
oom MN
��•`74:99 ' . 3' r 50.01' '� ." 125.00' �.�` �: ':., , -•,. X25.00' k: a�
� "00.- 49-O4w 300.0) r
�sUc- Vial" at.� Wsr�Tw � /�� -� �/(,l y
� STREET