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F.•� �� �C within (20) days after the
-' isas date of filing of this Notice
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FEB V !! 57 AM X84 •...Y� Clerf� ..•..—
TOWN OF NORTH ANDOVER
MASSACHUSETTS
BOARD OF APPEALS
NOTICE OF DECISION
Date . . . . .February. 21, 1984
Petition No.. . .57'.8.4. . . . . . . . . . . . .
Date of Hearing. January 30 , 1984
Petition of . . . . WNEV-TV
Premises affected West sideof Boston Street known as "Boston. .
Hill"
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Referring to the above petition for a variation from the requirements of the .Zoning By Law
Section 10 . 4 and/or a Special Permit under Section 10 . 31
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
so as to permit the use, of an. existing. facility. for_ broadcasting purposes
.conjointly. 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 .Permit, _ . . _ . . and hereby authorize the Building Inspector to issue a
permit to . extend. the. .antenna. .to. a . height. not .to .excee.d- 3:5 feet. ,from. -its
present height
for the construction of the above work, based upon the following conditions:
1. That only WNEV-TV and its successors be allowed to use the extended
antenna.
Signed
Frank Serio, . Jr. , .Chairman
�lfre.d E. Frizelle, .Esq. , Vice Chairman
Zi_chard_ .J. ,Tre.panier, L.sq. , . C.lerk
William J.. Sullivan
Walter, F. . Soule. . . .
Board of Appeals
.r
appeal shall be filed
a . _r% within (20) days after the
' date of filing of this Notice
FEB ?l 1i s? AM '84 ';'�,„'':��` in the Office of the Town
Clerk.
TOWN OF NORTH ANDOVER
MASSACHUSETTS
BOARD OF APPEALS
February 21, 1984
Mr. Daniel Long, Town Clerk WNEV-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 the Zoning By Law
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 on 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 MITRE.
WNEV-TV has recentlyjoined with the Lawrence Eagle Tribune in a
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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
PL {`l D
WNEV-TV C�Az4• "}fG
Boston Hill TG
NOH ? R
Petition No. 5-184
February 21, 1984
Page 2 FEB 0 11 57 A 'Bq
which is not relevent to thiseti ion. The third was a decision
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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 MITRE Corporation, Easter Microwave,
Inc. and Rollins Cablevision, Inca 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. Frizelle 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,
Y
Frank Serio, Jr. ,
Chairman
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