HomeMy WebLinkAboutFARNUM, BENJAMIN G 'JOYCE BRADSgkW
QUM
Received by Town Clerk: MAR D 13 M t
TOWN OF NORTH ANDOVER, MASSACHUSETTS
BOARD OF APPEALS
APPLICATION FOR RELIEF FROM"THE ZONING ORDINANCE
Applicant Sprint Spectrum 'L.P1. Address 1 International Blvd. Suite
Mahwah, NPw ,TPYRPy (174A9 Tel. No. ( 2n1 )51 9.-4715 800
1 . Application is hereby made :
a) For a variance from the requirements of Section
Paragraph and Table of the Zoning Bylaws .
b) For a special Permit under Section_A Paragraphg. 2
of the Zoning Bylaws . (amendment to conditions of existing
Special Permit)
c) As a Party Aggrieved, for review of a decision made by
the Buildinc Inspector or, other authority.
2 . a) Premises affected are land and building (s)
numbered Boston Hill Street.
b) Premises affected are property with frontage on the
North (X) South ( ) East ( ) - West ( ) side of
Turnpike Street .
Street, and known as No.
Street .
c) Premises affected are in Zoning District R2 and the
premises affected have an area of465, 173 square feet
and frontace of feet .
5 of 8
Rev. 06 . 05 . 96
3 . Ownership :
a) Name and address of owner (if joint ownership, give all
names)
Benjamin Farnum, 397 Farnum St. , North Andover, MA 01845
Date of Purchase Previous Owner
b) 1 . If applicant is .not owner, check his/her interest
in the premises :
Prospective Purchaser X Lessee Other
2 . Letter of authorization for Permit
recruired.
4 . Size of proposed buildingexisting 3firont 36 ' feet deep;
Height stories; 85 ' feet .
a) Approximate date of erection 1957
b) Occupancy or use of each floor: Accessory equipment for antennas
c) Type of construction: Concrete
5 . Has there been a previous appeal, under zoning, on these
premises? YeS If so, when? February 24, .1997
6 . Description of relief sought on this petition To amend condition :#5 ,of
the Special Permit 04 -96 granted 2/24/97, to allow the alteration of the southea:
bracket. See e rec riled in the Registry of Deeds in Book ,194 Page ?59
Land Court Certificate No. Book Pace
The principal points upon which I base my application are as
follows : (must be stated in detail)
The proposed alteration is appropriate to the location, will not
adversely affect the neiahborhood, will not present any ha2ards or
nuisance to vehicles or pedestrians or be detrimental to the public
good Nor will there be any increase in-the number -.of antennas allowed
under the Special Permit`. (See attached letter)
I agree to pay the filing fee, advertising in newspaper, and
incidental expenses*
iZ. nsultant: for Sprint Spectrum- L.P.
J Giammarco Signature of Petitioner(s)
6 of 8 '
Rev. 06. 05 . 96
N A I THE NLS GROUP
March 12, 1998
Zoning Board of Appeals
Town of North Andover
120 Main Street
North Andover,MA 01845
Re: Special Permit granted February 24, 1997 (petition#040-96)to Sprint Spectrum L.P. (Sprint
PCS) for telecommunications facility on Boston Hill. Request for amendment to condition
number 5.
Members of the Board:
As you may recall, Sprint PCS was granted a Special Permit for a telecommunications
facility (petition #040-96)on Boston Hill on February 24, 1997. The decision authorized a total
of eight (8) antennas upon two bracket mounts. At the time of the installation of the facility,
Sprint PCS determined that coverage needs could be met with a total of four antennas on the two
brackets, arranged in an alpha face and a beta face configuration. Since that time, system
demands require the addition of two antenna panels on the east bracket in a gamma configuration.
Since this will not surpass the 8 antenna limitation, Sprint PCS has the right to add these antennas
under the existing Special Permit. However, in order to achieve the correct alignment for the
gamma directionals,the bracket on the southeast corner must be altered. Since condition number
5 specifically limits the Special Permit to the"antenna arrays identified in the petition, including
the plans submitted therewith,"the Building Inspector has indicated that approval of the Board is
required for any alteration to the plana Therefore, Sprint PCS hereby requests that the Board
approve the changes as illustrated in the attached plan.
The alteration contemplated is an extension of the bracket on the east elevation so that it
wraps around the corner to the south side of the building. The extension represents an increase in
surface area of about 36 square feet.
In the examination of Sprint PCS's 1997 Special Permit application, the Board
considered three formulas for calculating the 25% limitation, on expansion of non-conforming
uses. The three formulas were: .
a) The Petitioner provided a series of calculations of the total square footage of the
four faces of building,which equals approximately 12,000 square feet. The area
of the antennas already attached to the building,as well as the area of the tower
structure on the roof, total approximately 1,376 square feet, or approximately
11.22% of the total area. The Petitioner antenna arrays will total approximately
96 square feet, and bring the total antenna square footage to approximately
12% of the total area which is less than 25%limitation.
Taking into consideration the addition of the Omnipoint equipment as a result of a
Special Permit granted in August of 1997, the building currently has coverage
totaling 1,628 square feet,which is approximately 13.5%. Therefore,if the total area
ONE OFFICE PARKWAY EAST PROVIDENCE,RHODE ISLAND 02914 401-435-4050 FAX 401-435.4055 http://www.nlsgroup.com
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of the proposed extension is 36 square feet,the total antenna square footage will be
increased to only 13.8%,well within the 25% limitation.
b) The square footage of antennas allowed and in use on the tower as of 1972 when
the use became nonconforming appears to have totaled approximately 3,600
square feet. The existing antennas are calculated to total approximately 1,376
square feet, and with the addition of Sprint Spectrum's antennas, would total
approximately 1,472 square feet,which is less than the extent of use permitted in
1972. Therefore, by this method of calculation, the addition of the Petitioner's
antenna arrays would not even reach the baseline established in 1972, let alone
result in any increase approaching the 25%limitation.
Once again taking into consideration the added square footage of the Omnipoint
installation, the total square footage with the requested Sprint extension will only be
about 1,664 square feet and therefore remains well under the baseline of 3,600 square
feet.
c) The existing structure is slightly in excess of 36 feet by 36 feet. A 25% increase
in each dimension would allow the attachment of antennas to the face of the
building such that the total volume of the building did not increase by more than
25%. The Petitioner's attachments could be accomplished within this
volumetric limitation.
The engineers were able to design the proposed extension so that the array will
remain within this volumetric limitation.
The proposed alteration will not require any additional space within the building. Nor
will the proposed extension adversely affect the neighborhood,present any hazards or nuisance to
vehicles or pedestrians, or be detrimental to the public good. The extension is appropriate to the
location and thus the granting of the request will be consistent with the Special Permit (petition
#040-96) of February 24, 1997 as well as the intent and purposes of the zoning by-law.
Sincerel , O
IAJ'oe Giammarco,Consultant
is/00zone/188b4zba
THE NLS GROUP
r7Nr X39-9�2 MON 0y :5.? 32 7 Ess. 2 652645 X 2
Banjam itl 0.1`arnultt
397 Famuni Street
North Atidover,MA 41845
March 4, 1995
Town of North Andover
Zoning Board of Appeals
120 Main Street
North Andover,MA 41845
Members of the Board:
As owner of the p=01 Map I07 Parcel 11, also known as Boston Hill,Thereby grant
MYpermission to Sprint SpccrruM L.P.(Sprint:PCS}to apply to the North Andover Zoning Board
of Appeals for the purpose of amending the Special Permit granted oil.Febnwry 11; 1987. It is
my understanding that the,application i.s limited to an extension of the bracket on the southeast
corner of the existing building as described on a plan by Andrew J.Eld anal dated 2117198.
Sincerely,
1 renjamtn G.Famum
01 115 '98 15:20 FAA 4014.3540-5.5 NLS CONFIDENTIAL 0 2
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01/15/98 15:22 TX/RX N0.7430 P.002
SENT BY:BrownRudnick ; 4-18-37 ; 17:23 ; BROWNRUDNICK-► 4014354050; 3/ 7
NOTICE OF]DECISION
BOAR r E APPEALS
TOWN OF NORTH ANDOVER
MASSAMUSETTS
The Board of Appeals held a public hearing on Tuesday evening,December 10,
1996,which public hearing was continued on.January 14, 1997,and February 11, 19971
on the application of Sprint Spectrum L.P.for a Special Permit under Section 9 of the By-
Law. The hearing was duly advertised,and all the abutters were notified. The IbUo%ving
members were present and voting: Walter F.Soule,Acting Chairman,Robert Ford,John
Pallone,Ellen McIntyre,and Scott Karpinski.
The Petitioner seeks a Special Permit under Section 92 of the By-Law so as to
extend a prior non-confornung use by the attachment of two antenna arrays for operating
a Personal Communication System(PCS)wireless telecommunications network to the
outside face of the existing structure,as well as installation of communications equipment
within the existing structure,located on the west side of Boston Street known as Boston
Hill in the R-2 zoning district.
Testimony revealed that the Petitioner is the holder of a license granted by the
Federal Communications Commission to construct and operate a PCS network in the
area,and that a Special Permit is sought to install and use equipment in an area of
approximately 16 feet by 13 feet on the second floor of the existing building located on
the site and to install and use up to eight antennas located on two mounting brackets on
two sides of the building. At this time,it appears that two antennas will be mounted on
each location,and if demand so warrants,two additional antennas can be mounted on
each structure in the future,bringing the total number.of antennas on the two mounts to
eight.
Further testimony revealed that after installation,the presence of any personnel
other than for routine unspecified maintenance,will not be required. Opposition from
.l.
- SENT BY:BrownRudnick : 4-18-97 ; 17:24 ; BROWNRUDNIry-3 4014354050;9 4/ 7
one citizen was voiced at the first public hearing,however,that opposition was
public withdrawn at the second 1? g ub i
hearing.
Testimony produced by the application's representatives and attorneys,and the
oy mer,Benjamin G.Farnum,and his attorney,revealed that the site in question is used
for telecommunication purposes,a non-conforming use in a residential zone,and that the
site consists of approximately a 9.45 acre parcel of land with several pre-existing non-
conforming buildings and structures thereon. The pre-existing non-conforming buildings
include a concrete tower with a height of 84 feet with antennas thereon,and several
smaller one story wood and steel structures. There are presently antenna arrays and
dishes located on the building and the site owned by Mr.Farnum,and his lessees,Rollins
Cablevision,NYNEX,WNEV-TV,Mitre Corporation,and North Andover Civil Defense.
The land and structures in question have been the subject of at least four prior
decisions of the Board. The Board granted a variance in 1957 to permit the construction
of a structure exceeding the then height limitation of the By-law. The use of the site for
telecommunication towers was then a peri nitted use in a residential zone. The present
structures on the site were built in the late 1950's and were utilized for
telecommunication purposes by MIT Mitre Corporation. In 1982,the Board issued a
special pernut to Benjamin Farnum confirming the non-conforming use of the site for
telecommunication purposes,and permitting Mr.Furnum to add antenna and transmitting
dishes to the existing concrete tower not to exceed a total height of 140 feet. In February,
1984, the Board allowed a special permit to WKEV-TV to extend the height of the tower
and antenna by 30 feet,speeifically finding that this extension was within the limits of a
25%limitation on expansions of the Prier non-conforming use imposed under the By-
law. In December, 1934,the Board allowed a special permit to NYNEX Mobile
Communications and Mr.Famum,allowing NYNEX to construct an approximately 20
foot by 20 foot interior room within the existing concrete tower to house its equipment,
and to attach and use five antennas on the top of the building. In approving the NYNEX
special permit, the Board specifically found that"the site is in an appropriate location for
the use [and] [t]he height of Boston Hill is appropriate for installation of cellular mobile
equipment."
Testimony was also received that as of 1972,the date upon which the existing use
became non-conforming,the following,among others,was in use at the site and on the
existing stnicture: one radar antenna support tower of 84 feet in height with a reflector
antenna 120 feet wide and 30 fcct in height,with a total height of the entire structure
being 132 feet.
The Board further received a summary of the F dersl Telecommunications Act of
1996. This law provides that local boards c4nnot prohibit,or have the effect of
prohibiting,the provision of personal Wirntess services and may not unreasonably ,
discriminate among providers of functionally equivalent services.
2
• SENT BY:BrownRudnick 4-18-97 ; 17:24 BROWMLJDN I CK- 4014354050; 5/ 7
Furthermore,although the Federal Telecommunications Act of 1996 prohibits the
board from regulating personal wireless service facilities on the basis of environmental
affects of radio frequency emissions,the Petitioner produced and submitted a report by
Donald L.Haes,Jr.,NLS,Consulting Health physicist showing the background RF
exposure in the vicinity of the tower is well within levels determined to be safe by federal
and state regulations.
The provisions of Section 9 of the By-taw,regulating non-conforming uses,
contains the following requirements:
• A special permit is required in order to extend or enlarge a prior non-
conforming use;
• The Board must find that"such change,extension,or alteration shall not
be substantially more detrimental than the existing non-conforming use to
the neighborhood";
• "Such change shall be permitted only upon the same lot occupied by the
non-conforming use on the d.1te that it became non-conforming",
• "Any increase in volume,area,or extent of the non-conforming use shall
not exceed an aggregate of more than 25%of the original use;and
• no change shall be permitted which tends to lengthen the economic life of
the non-conforming longer Um a period reasonable for the amortization of
the initial investment".
Certain members of the Board also viewed the site and the surrounding
neighborhood_ The Petitioner also submitted a plot plan showing the entire site.
Communication was also received from the Fire Department relating to the structure's
compliance with safety regulations.
At its February 11, I997 meeting,the:Board closed the public hearing,and upon
proper motion,duly seconded,the Board voted to grant the special permit to Sprint
Spectrum,malting the following findings and conclusions:
1. The Board has the authority to grant the special permit under the
provisions of Section 9 of the Zoning Bylaw.
2. The alteration of the pre-existing structure by construction of a small room
on the second floor thereof to hoose equipment,and the attachment of the
two antenna arrays to the outside of the building,will not be substantially
more detrimental to the neighborhood than the existing nonconforming`use
and structure. Members of the Board have viewed the existing structure
and the surrounding neighborhood,were shown examples of antennas
Sprint will attach,and have reviewed the engineering drawings of the
-3-
SENT BY:BrownRudn1ck 4-18-97 ; 17:25 BROWNRLDNlCK-+ 40143540504 6/ 7
proposed attachment by Sprint. In addition,there are no houses in the
immediate neighborhood,and Sprint Spectrum's attachments will not be
substantially more detrimental to the neighborhood.
3. The changelalteradon will be on the same lot as the pre-existing
nonconforming use and structure.
4. The Board has examined the Sprint Spectrum's proposed attachment in
light of the limitation of a 25°lq increase in the extent of the prior
nonconforming use in a number of ways and tLsing several methods of
calculating the 25%limitation,and has determined that based on any of
these methods of interpreting the 25%limitation,Sprint Spectrum's
attachment will not exceed that threshold. For example:
(a) The Petitioner prodded a series of calculations of the total square
footage of the four faces of building,which equals approximately
12,000 square feet. The area of the antennas already attached to
the building,as well as:the area of the tower structure on the roof,
total approximately 1,376 square feet,or approximately 11.22%of
the total area. The Petitioner antenna arrays will total
approximately 96 squW feet,and bring the total anteima square
footage to approximately 12%of the total arca,which is less than
the 25%limitation.
(b) The square footage of antennas allowed and in use on the tower as
of 1972 when the use became nonconforming appears to have
totaled approximately 3,600 square feet, The existing antennas are
calculated to total approximately 1,376 square feet,and with the
addition of Sprint Spectrum's antennas,would total approximately
1,472 square feet,which is less than the extent of use permitted in
1972. Therefore,by this method of calculation,the addition of the
Petitioner's antenna arrays would not even reach the baseline
established in 1972,let;alone result in any increase approaching the
25%limitation. Notwithstanding the foregoing,the Board is not
making any finding under§9.4 of the By-law as to whether the full
extent of the 1172 non-conforming use is available to the site
owner at this time.
(c) The existing structure is slightly in excess of 36 feet by 36 feet. A
25%increase in each dimension would allow the attachment of
antennas to the face of the building such that the total volume of
the building did not increase by.more than 2Wo. The Petitioner's
attachments,it was reported,could be accomplished within this
volumetric limitation.
A-
" SENT BY:BrownRudnlck ; 4-18-37 ; 17:25 BROWNRUDNICK- 4014354050; 7/ 7
Based on all of these methods.of calculating the 25%limitation on
expansion,the Board finds th4t the Petitioner's proposal will not exceed
the 25%limitation. At this time,the Board is not determining that there is
any one required method for calculating conformity with a 25%limitation,
only that the Petitioner's attachment does not exceed the limitation.
5. The economic life of the pre-existing and nonconforming uselstructure
will not extended,since the building exists and will not be substantially
changed
6. The use is in harmony with the general purpose and intent of the By-law,
and adequate and appropriate facilities exist for the proper operation of the
proposed use.
The special permit i,4 granted upon the following conditions:
1. In the event that any of the structurelantennas herein allowed are no longer
used or necessary for its stated purpose,they shall be removed by the
applicant or landowner.
2. Operation of the antennas will not commence until approval by the
Massachusetts Department of Health has been obtaimd and transmitted to
the Board.
3. Construction plans showing the antennas as constructed by the Petitioner
shall be submitted to the building inspector.
4. Prior to issuance of a building permit for any construction or installation
of equipment or telecommunication devices in or on the building,the
Board shall be furnished with•an accounting of antennas already existing
on the structure identifying each unit and its owner and stating whether it
is in current use and operation,which accounting shall be certified by the
Iand owner.
5. This special permit applies to only the two antenma arrays identified in the
Petition,including the plans submitted therewith. Any further installation
contemplated shall require separate application to this Board for a special
permit.
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To* GLEE:
Received by Town Clergy; MAR 13 154
TOWN OF NORTH ANDOVER, MASSACHUSETTS
BOARD OF APPEALS
APPLICATION FOR RELIEF FROM THE ZONING ORDINANCE
Applicant Sprint Spectrum L.P. —Address 1 International Blvd. Suite
Mahwa11, NPw ,TPrgPy 07495 Tel. No. ( 901 )519--4735 800
1 . Application is hereby made :
a) For a variance from the requirements of Section
Paragraph and Table of the Zoning Bylaws.
b) For a special Permit" under Section__q_ Paragraph: q. 2_
of the Zcning Bylaws . (amendment to conditions of existing
Special Permit)
c) As a Partv Acgrieved, for review of a decision made by
the Suildi aylnspector or other authority.
2 . a) Premises affected are land and building(s)
numbered Boston Hill Street.
b) Premises affected are property with frontage on the
North (X) South ( ) East ( ) west ( ) side of
Turnpike Street .
Street, and known as No.
Street.
c) Premises affected are in Zoning District R2 and the
cremises a= ected have an area 01'465. 173 scuare feet
and frontace of feet . -
5 of 8
Rev. 06 . 05 . 95
3 . Ownership :
a) Name and address of owner (if jcint ownership, give all
names)
Benjamin Farnum, 397 Farnum St. , North Andover, MA 01845
Date of Purchase Previous Owner
b) 1 . If applicant is not owner, check his/her interest
in the premises :
Prospective Purchaser X Lessee Other
2 . Letter of authorization for Variance/Special Permit
required.
4 . Size of proposed buildinggxisting 3f�or_t; 36 ' feet deet;
Height stories 85 ' feet .
a) Approximate date of erection: 1957
b) Occupancy or use of each floor: Accessory equipment for antennas
C) Type of construction: Concrete
5 . Has there been a previous appeal, under zoning, on these
premises? Yes If so, when? February 24, .1997
6 . Description of relief sought on this petition To amend condition #5 of
the Spec al Permit 04 -96 granted 2/24/97, to allow the alteration of the southea,
bracket. See -&t
Aueerec riled in the Registry of Deeds in Book 194 Pace 259
Land Court Certificate No. Book, Pace
The principal points upon which I base my application are as
follows : (must be stated in detail)
The proposed alteration is appropriate to the location. will not
adversely affect the neighborhood will not present any hazards or
nuisance to vehicles or pedestrians or be detrimental to the puhlic
good Nor will there be any increase in-the number --of antennas allowed'
under the Special Permit. (See attached letter)
I agree to pay the filing fee, advertising in newspaper, and
incidental exzenses*
J .�, nsultant for r Sprint Spectrum L.P.
Giammarco Signature of Petitioner(s)
6 of 8
Rev. 06. 05 . 95
THE NILS GROUP
March 12, 1995
Zoning Board of Appeals
Town of North Andover
120 Main Street
North Andover, MA 01845
Re: Special Permit granted February 24, 1997(petition#040-96)to Sprint Spectrum L.P. (Sprint
PCS) for telecommunications facility on Boston Hill. Request for amendment to condition
number 5.
Members of the Board:
As you may recall, Sprint PCS was granted a Special Permit for a telecommunications
facility(petition #040-96) on Boston Hill on February 24, 1997. The decision authorized a total
of eight (8) antennas upon two bracket mounts. At the time of the installation of the facility,
Sprint PCS determined that coverage needs could be met with a total of four antennas on the two
brackets, arranged in an alpha face and a beta face configuration. Since that time, system
demands require the addition of two antenna panels on the east bracket in a gamma configuration.
Since this will not surpass the 8 antenna limitation, Sprint PCS has the right to add these antennas
under the existing Special Permit. However, in order to achieve the correct alignment for the
gamma directionals, the bracket on the southeast corner must be altered. Since condition number
5 specifically limits the Special Permit to the"antenna arrays identified in the petition, including
the plans submitted therewith,"the Building Inspector has indicated that approval of the Board is
required for any alteration to the plan. Therefore, Sprint PCS hereby requests that the Board
approve the changes as illustrated in the attached plan.
The alteration contemplated is an extension of the bracket on the east elevation so that it
wraps around the corner to the south side of the building. The extension represents an increase in
surface area of about 36 square feet.
In the examination of Sprint PCS's 1997 Special Permit application, the Board
considered three formulas for calculating the 25% limitation, on expansion of non-conforming
uses. The three formulas were:
a) The Petitioner provided a series of calculations of the total square footage of the
four faces of building,which equals approximately 12,000 square feet. The area
of the antennas already attached to the building,as well as the area of the tower
structure on the roof, total approximately 1,376 square feet, or approximately
11.22% of the total area. The Petitioner antenna arrays will total approximately
96 square feet, and bring the total antenna square footage to approximately
12% of the total area,which is less than 25% limitation.
Taking into consideration the addition of the Omnipoint equipment as a result of a
Special Permit granted in August of 1997, the building currently has coverage
totaling 1,628 square feet,which is approximately 13.5%. Therefore, if the total area
ONE OFFICE PARKWAY EAST PROVIDENCE,RHODE ISLAND 02914 .401-435.4050. FAX 401-435-4055 hltp://www.nlsgroup.com.
of theu
ro osed extension is 36 square feet, the total antennas square footage will be
P p q _ q g
increased to only 13.8%,well within the 25% limitation.
b) The square footage of antennas allowed and in use on the tower as of 1972 when
the use became nonconforming appears to have totaled approximately 3,600
square feet. The existing antennas are calculated to total approximately 1,376
square feet, and with theaddition of Sprint Spectrum's antennas, would total
approximately 1,472 square feet,which is less than the extent of use permitted in
1972. Therefore, by this method of .calculation, the addition of the Petitioner's
antenna arrays would not even reach the baseline established in 1972, let alone
result in any increase approaching the 25%limitation.
Once again taking into consideration the added square footage of the Omnipoint
installation, the total square footage with the requested Sprint extension will only be
about 1,664 square feet and therefore remains well under the baseline of 3,600 square
feet.
c) The existing structure is slightly in excess of 36 feet by 36 feet. A 25% increase
in each dimension wouldallow the attachment of antennas to the face of the
building such that the total volume of the building did not increase by more than
25%. The Petitioner's attachments could be accomplished within this
volumetric limitation.
The engineers were able to design the proposed extension so that the array will
remain within this volumetric limitation.
The proposed alteration will not require any additional space within the building. Nor
will the proposed extension adversely affect the neighborhood,present any hazards or nuisance to
vehicles or pedestrians, or be detrimental to the public good. The extension is appropriate to the
location and thus the granting of the request will be consistent with the Special Permit (petition
#040-96) of February 24, 1997 as well as the intent and purposes of the zoning by-law.
Sincerel , r
Joe Giammarco, Consultant
tsl00zone/]88b4zba
THE NLS GROUP '�
Pi W-0`a- PiJhl Si' 3' 76' 36_ '2_65264 F. 50!2653- 2S 1r F'_ 0
Bc amitl Q.I'arnunt
?97 Farnum Street
?forth Andover,MA.0181;
March 4, 1998
Town of North Andover
Zoning Board of Appeals
120 Main Street
North Andover,MA 01845
Members of the Board;
As ovrner of the parcel Map 1070 Parcel 11, also known as Boston Hill,t hereby grant
MY permission to Sprint Specrrum L.P.(Sprint PCS)to apply to the North Andover Zoning Board
of Appeals for the purpose of amending the Special Permit granted on Febnlsry l 1, 1997. It is
my understanding that the application is limited town extension of the bracket on the southeast
corner of the existing building as described on a plats by Andrew J.Eld and dated 2/17/98.
Sincerely,
� ramun► 1'
'BenjaminC.
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01/15/98 15:22 TX/RX;ND.7430 P.002
SENr BY:BrownRudnick ; 4-18-37 ; 17:23 BROWNRUDNICK 4014354050;9 3/ 7
NOTICE OE DDCISIQ1�
BOARD&APPEAL
TOWN OF NORTH ANDOVER`
MASSACHUSETTS
The Board of Appeals held a public hearing on Tuesday evening,December 10,
1996,which public hearing was continued on-j'anuary 14,1997,And February 11, 19979
on the application of Sprint Spectrum L.P.for a Special Permit under Section 9 of the By
Law. The hearing was duly advertised,and all the abutters were notified. The following
members were present and voting; Walter F.Soule,Acting Chairman,Robert Ford,John
Pallone,Ellen McIntyre,and Scott Karpinski.
The Petitioner seeks a Special Permit under Section 9.2 of the By-Law so as to
extend a prior non-conforming use by the attachment of two antenna arrays for operating
a Personal Communication System(PCS)wireless telecommunications network to the
outside face of the existing;structure,as well ars installation of communications equipment
within the existing structure,located on the west side of Boston Street known as Boston
Hill in the R-2 zoning district.
Testimony revealed that the Petitioner is the holder of a license granted by the
Federal Communications Commission to construct and operate a PCS network in the
area,and that a Special Permit is sought to install and use equipment in an area,of
approximately 16 feet by 13 feet on the second floor of the existing building located on
the site and to install and use up to eight antennas located on two mounting brackets on
two sides of the building. At this time,it appears that two antennas will be mounted on
each location,and if demand so warrants,two additional antennas can be mounted on
each structure in the future,bringing the total;number of antennas on the two mounts to
eight.
Further testimony revealed that after installation,the presence of any personnel
from
other than for routine unspecified maintenance,will not be required. Oppositipct
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SENT BY:BrownRudnick : 4-18-97 ; 17:24 ; BROWNRUDNiry4014354050;9 4/ 7
one citizen was voiced at the first public hearing,however,that opposition was
withdrawn at the second public hearing.
Testimony produced by the application's representatives and attorneys,and the
wNmcr,Benjamin G.Farnum,and his attorney,revealed that the site in question is used
for tciccommunication purposes,a non-confarming use in a residential zone,and that the
site consists of approximately a 9.45 acre parcel of land with several pre-existing non-
conforming buildings and structures thereon. The pre-existing non-conforming buildings
include a concrete tower with a height of 84 feet with antennas thereon,and several
smaller one story wood and steel structures. There are presently antenna arrays and
dishes located on the building and the site owned by Mr.Farnutn,and his lessees,Rollins
Cablevision,NYNEX,WNEV-TV,Mitre Corporation,and North Andover Civil Defense.
The land and structures in question have been the subject of at least four prior
decisions of the Board. The Board granted a variance in 1957 to permit the construction
of a structure exceeding the then height limitation of the By-law. The use of the site for
telecommunication towers was then a permitted use in a residential zone. The present
structures on the site were built in the late 1950's and were utilized for
telecommunication purpows,by MIT Mitre Corporation. In 1982,the Board issued a
special permit to Benjamin Famum confirming the nonconforming use of the site for
telecommunication purposes,and permitting Mr.Farnum to add antenna and transmitting
dishes to the existing concrete tower not to exceed a total height of 140 feet. In February,
1934,the Board allowed a special permit to WhTEV-TV to extend the height of the tower
and antenna by 30 feet,specifically finding that this extension was within the limits of a
25% limitation on expansions of the Prior non-conforming use imposed under the By-
law. In December, 1994,the Board allowed a special permit to NYNEX Mobile
Communications and Mr.Farnum,allowing NYNEX to construct an approximately 20
foot by 20 foot interior room within the existing concrete tower to house its equipment,
and to attach and use five antennas on the top of the building. In approving the NYNEX
special permit,the Board specifically found that"the site is in an appropriate location for
the use [and] [t]he height of Boston Hill is appropriateforinstallation of cellular mobile
equipment."
Testimony was also received that as of 1972,the date upon which the existing use
became non-conforming,the following,among others,was in use at the site and on the
existing stnWture: one radar antenna support tower of 84 feet in height with a reflector
antenna 120 feet wide and 30 feet in height,with a total height of the entire structure
being 132 feet.
The Board further received a summary:of the Federal Telecommunications Act of
1996. This law provides that local board*cennot prohibit,or have the effect of
prohibiting,the provision of personal wireless services and may not wueasonably
discriminate among providers of functionally equivalent services.
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Furthermore,although the Federal Telecommunications Act of 1996 prohibits the
board from regulating personal wireless service facilities on the basis of environmental
affects of radio frequency emissions,the POtioner produced and submitted a report by
Donald L.Haes, Jr.,MS,Consulting Health Physicist showing the background RF
exposure in the vicinity of the tower is well within levels determined to be safe by federal
and state regulations.
The provisions of Section 9 of the By-law,regulating non-conforming uses,
contains the following requirements:
• A special permit is requiredinorder to extend or enlarge a prior non-
conforming use;
• The Board must find that"such change,extension,or alteration shall not
be substantially more detrimental than the existing non-conforming use to
the neighborhood';
• "Such change shall be permitted only upon the same lot occupied by the
non-conforming use on the dgte that it became non-conforming';
• "Any increase in volume,area,or extent of the non-conforming use shall
not exceed an aggregate of more than 25%of the original use";and
• "no change shall be permitted which tends to lengthen the economic life of
the non-conforming longer dm a period reasonable for the amortization of
the initial investment".
Certain members of the Board also viewed the site and the surrounding
neighborhood. The Petitioner also submitted a plot pian showing the entire site.
Communication was also received from the Fire Department relating to the structure's
compliance with safety regulations.
At its February 11, 1997 meeting,the:Board closed the public hearing,and upon
proper motion,duly seconded,the Board voted to grant the special permit to Sprint
Spectrum,malting the following findings and conclusions;
1. The Board has the authority to grant the special permit under the
provisions of Section 9 of the Zoning Bylaw.
2. The alteration of the pre-existing structure by construction of a small room
on the second flocs thereof'to house equipment,and the attachment of the
two antenna arrays to the outside of the building,will not be substantially
more detrimental to the neighborhood than the existing nonconforming use
and structure. Members of the Board have viewed the existing stnicture
and the surrounding neighborhood,were shown examples of antennas
Sprint will attach,and have reviewed the engineering drawings of the
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SEMr BY:BrownRudnick ; 4-18-97 ; 17:23 BROWNRUDHICK-i 4014354050;9 6/ 7
proposed attachment by Sprint. In addition,there are no houses in the
immediate neighborhood,and Sprint Spectrum's attachments will not be
substantially more detrimental to the neighborhood.
3. The changelalteration will be on the same lot as the pre-existing
nonconforming use and structure.
4. The Board has examined the Sprint Spectrum's proposed attachment in
light of the limitation of a 25"{q increase in the extent of the prior
nonconforming use in a number of ways and using several methods of
calculating the 25%limitation,and has determined that based on any of
these methods of interpreting the 25%limitation,Sprint Spectrum's
attachment will not exceed that threshold. For examples
(a) l'te Petitioner provided a series of calculations of the total square
footage of the four faces of building which equals approximately
12,000 square feel The area of the antennas already attached to
the buUding,as well as the area of the tower structure on the roof,
total approximately 1,376 square feet,or approximately 11.22%0 of
the total area, The Petitioner antenna arrays will total
approximately 96 squa#e feet,and bring the:total antenna square
footage to approximately 12%of the total arca,which is less than
the 25%limitation.
(b) The square footage of antennas allowed and in use on the tower as
of 1972 when the use bccwnc nonconforming appears to have
totaled approximately 3,600 square feet. The existing antennas are
calculated to total approximately 11376 square feet,and with the
addition of Sprint Spectrum's antennas,would total approximately
1,472 square feet;which is less than the extent of use permitted in
1972. Therefore, by this method of calculation,the addition of the
Petitioner's antenna arrays would not even preach the baseline
established in-1972,let:alone result in any increase approaching the
25%limitation. Notwithstanding the foregoing,the Board is not
making any finding under§9.4 of the By-law as to whether the full
extent of the 1972 non-conforming use is available to the site
owner at this time.
(c) The existing structure is slightly in excess of 36 feet by 36 feet. A
25%increase in each dimension would allow the attachment of
antennas to the face of the building such that the total volume of
the building did not increase by more than 25%, The Petitioner's
attachments,it was reported,could be accomplished within this
volumetric limitation.
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Based on all of these methods.of calculating the 25%limitation on
expansion,the Board finds dWt
the Petitioner's-proposal will not exceed
the 25%limitation.at on. At this time,the Board is not determining that
there is
any one required method for calculating conformity with a 25%limitation,
only that the Petitioner's attachment does not exceed the limitation.
5. The economic life of the pre-existing and nonconforming uselstructure
will not be extended,since the building exists and will not be substantially
changed.
6. The use is in harmony with the general purpose and intent of the By-law,
and adequate and appropriate facilities exist for the proper operation of the
proposed use.
The special permit is granted upon the following conditions:
1. In the:event that any of the structure/antennas herein allowed are no longer
used or necessary for its stated purpose,they shall be removed by the
applicant or landowner.
2. Operation of the antennas will not commence unlit approval by the
Massachusetts Department ofHealth has been obtained and transmitted to
the Board.
3. Construction pians showing the antennas as constructed by the Petitioner
shall be submitted to the building inspector.
4. Prior to issuance of a building permit for any construction or installation
of equipment or telecommunication devices in or on the building,the-
Board shall be furnished with•an accounting,of antennas already existing;
on the structure identifying each unit and its owner and stating whether it
is in current use and operation,which accounting;shall be certified by the
Iand owner.
5. This special permit applies to only the two antenna arrays identified in the
Petition,including the plans submitted therewith. Any further installation
contemplated shall require separate application to thisBoardfor a special
permit.
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