HomeMy WebLinkAbout1957-12-09Monday, December 9, 1957
The meeti~ was called to order at 8:00 PM due to some of the members atten~fug the
Special Town Meeting. The members present were: Donald F. Smith, Chairman, Daniel
0'Leary, Nicholas F. Nicetta, Henry E. Lund and John J. Willis, Associate Member who
sat in place of Kenneth Terroux.
Mr. Smith read the notice of the application of Lenleyl. Henshaw, et ux, for a specds_!
permit under the provisions of Section 6.2 of the Zoning ByLaw so as to permit the
division of p~operty into two lots on the premises of said Lenley M. Henshaw, et ux, located
on Johmson street, North Andover in accordance with a plan on file with said Board of Appeals.
Atty. Salisbury represented the petitioner and explained the plans to the Board. Both
lots are recorded and a plan was endorsed by the Planning Board as not requirin~ their
approval. The petitioner was granted a building permit and the building is app~om~metely
75% complete. There was no opposition to the application.
Mr. 0'Leary made a motion to take the petition under advisement, seconded by Mr. Lund and
voted unanimously. Mr. Willis did not sit on this hearing.
Mr. Smith read the notice of the application of Massachusetts Institute of Technology re-
questing a variation of the Zoning Ordinance so as to permit the erection of a certain
radar tower for antenna test measurements to a height in excess of that permitted by
Section 8 of said Zoning By Law entitled "B~ilding Heights Permitted" on Mill~s Hill~
(Mushroom Hill), off 300 Chestnut Street, North Andover.
Atty. Noonan represented MIT. Also present were Lincoln Laboratory Engineers, Paul
Hodgkins, Dr. Northrup and M~r. Paddlefo~d. They showed plans to the Board and explained
the opera,ohs of the tower in relation to the tower on Boston Hill. They have a temporary
permit for 60 days entitling them to make surveys, measurements, etc, and have a mutual agree~
merit ~ith Mr. Greenwood, owner of the.land, as to the lease. There was no opposition to
the application.
Mr. Nicetta made a ~$ion thmt the v~riance be granted im~edi~tely t~ the presence of the
petitioner~ because ~ tower is essential to National defense and it would permit them
to stsrt almost immeg~elywith the construction. Mr. Willis seconded the motion and
the Bo~rd woted unanimously for the following reasons: It appears to the Board that this
to~er is ~ nemessary adjunct to the transmitting tower located on Boston Hill, for which
tower the Board of Appeals has previously granted a variance under date of Janury28, 1957.
It appears that there are no buildings in the near vicinity so that there would be no
danger to surrounding structures. It further appears that no transmitting is contemplated
from this tower, but the tower is to be used solely to test and measure signals to be
sent from the radar tower on Boston Hill. It also appears that the erections of this tower
is important in the interests of our national defense. The Board therefore grants the
variance applied for provided that the towere and appurtenances be constructed substantially
in conformity with the plan submitted and on file with the Board of ~ppeals and the Board
further directs that the Building Inspector issue the necessary building permit in accordance
with this decision.
The Board discussed the Petition of Lenley M. Henshaw. Mr. Lund made a motion to grant the
special permit seconded by Mr. O'Learyandvotedunanimouslybythe Board for the following
reasons: No One appeared in opposition to the application. It appears to the Board that the
land was diviAed in accordance with a plan which has previously been filed with the Registry
of Deeds, which plan was endorsed as no requiring the approval of the Planning' Board of the
Town of North Andover. It further appears that relying upon this plan, thepetitiener
applied for and was granted a building permit by the Building Inspector. It further appears
to the Board that the oetitioner had begun constructions upon the building for which the
permit was granted, an~ at the time of the hearing was approx~:m~tely 75% complete.
Because of the endorsement of the plan by the Planning Board and the subsequent action
by the petitioner relying upon his building permit, it would be ine~:~itable to deny thZs
application. ~h~rthermore, in view of the fact that each lot concerned satisfied the
area requirements for lots in the zoning district and lacks only the necessary
fronta~ bounding on a public way, the Board determines that the petitioner has done
everything that is possible to confoEn as nearly as could reasonably be expected in
complying ~ith the requirements of the By Law.
The Board discussed the Budget for 1958 and ~il! ~sk for $400.00.
The Board had a discussion of the By Law concerning Board of l~ppeals notices to abutters.
Mr. Smith said the Board should put an article in the warrant to amend the By Law so that it ~
reads as in the st~'tute to notify abutters and those whom the Board deems necessary.
The meeting adjourned at 9:35 PM.
Chairm~
Clerk