HomeMy WebLinkAboutMiscellaneous - 5 Boston Street (10) l I
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Legal Notice
' 'FOWN OF,
NOR"I'll.'ATiM E'ER
MA5SA-0tUSF1-F$ '
V BOARI) OF
APPEALS.
_NOTICE-'. .
..: µORT11 _
Qf tElEO yp�4,0 r•Y
N
�RwiO^EPo SSS ..
' �SSACHUSB
December 22,1981
Notice is hereby given that the
Board of Appeals will give a hearing
at'the Town Building, North An-
'clover,on Monday evening,January
11, 1982 at 7:30 p.m.to all parties
interested in the appeal of Benjamin
Farnum requesting an extension of a
Special Permit granted by the Board
of Appeals in 1957 and to change
the name of the petitioner from
Mass. Institute of Technology to
Benjamin Farnum on the premises
located on the West side of Boston
Street and known as Boston Hill.
By Order of the Board of Appeals.
Frank Serio,Jr.
Chairman
Publish N.A. Citizen: December 24,
1981 and January-7,1982 L25
I, Legal Notice
I TOWN OF
NORTH AND'DVF,R,
MASS"A('ti1USP TS
PLANNING
BOARD
NORTH
L
� A
-- 4SSACHU`'�t
March 16,1982
Notice is hereby given that at
7:30 pp m. on Mondzy evening,
Apnl 5,1982,in the Town Office
Meeting Room, the North An-
dover Planning Board will hold a
public hearing pursuant to the
provisions of G.L.,Chapter 40A, '
Section 16, upon the request of
Benjamin Farnum to obtain ap-
proval of the North Andover
Planning Board to re-petition the .
North Andover Zoning Board of I
Appeals for a continuance of and
name change to a Special Permit
granted by the Zoning Board of
Appeals In 1957..
By Order of the North Andover
Planning Board
By:Paul A.Hedstrom
Chairman
Publish in the N. A. Citizen
March 18 and 25,1982AI 3-901
Legal qotice
TOWN OF
NORTII ANOUVER
MASSAUJUS1 'IS
BOARD OF
APPEALS
NOTICE
( 'I. F µoRTN,
N
` FO .mac. ,3tRa� p
S^CRUSE 'ti
' J .
December 22,1981
' Notice is hereby given that the
Board of Appeals will give a hearing
at the Town Building, North An-
'dover,on Monday evening,January
11, 1982 at 7:30 p.m.to all parties
I interested in the appeal of Benjamin
Farnum requesting an extension of a
s Special Permit granted by the Board
E of Appeals in 1957 and to change = '.
the name of the petitioner from
Mass. Institute of Technology to
Benjamin Farnum on the premises
located on the West side of Boston
Street and known as Boston Hill.
By Order of the Board of A
- ppeals.
Frank Serio,Jr.
Chairman
` Publish N.A. Citizen: December 24,
1981 and January7,1982 L25
Lecotce
rowN OF
NOR'hH AN[)OVF,R
iv1lASW4J USE'1'I'S
_ ROAR[) OF
API'F.ALS
NOTICF.
• NpRTil e
� L
A
i t\
r
A
�9SS^CRUSES �
December 22, 1981
Notice is hereby given that the
Board of Appeals will give a hearing
at'the Town Building, North An-
'dov_er,on Monday evening,January
11, 1982 at 7:30 p.m.to all parties
1 interested in the appeal of Benjamin
Farnum requesting an extension of a
r Special Permit granted by the Board
K of Appeals in 1957 and to change
the name of the petitioner.from
Mass. Institute of Technology to
• Benjamin Farnum on the premises
located on the West side of Boston
Street and known as Boston Hill.
By Order of the Board of Appeals: Y.
Frank Serio,Jr.
+ Chairman
� Publish N.A. Citizen: December 24,
1981 and January 7,1982 " L25
. o •
December 22 , 1981
U
Notice is hereby riven that the Board of Appeals will give a
hearing at the Town Building , North Andover , on 'Monday evening ,
� j January 11 , 1932 at 7 : 30 p .m. to all parties interested in the
I � appeal of Benjamin Farnum requesting an extension of a Special
Permit e,ranted by the Board of 6ppeals in 1957 and to change
' the name of the petitioner from Mass . InstitUte of Technology
to Benjamin Fvvnurr on the pr®tnises located on the k;est side of
Boston Streit and known as Foston Hill .
By Order of the 'board of appeals
Frank Serio , Jr. , Chairman
Publish : N .A . Citizen : December 24 ani 31 , 1981
Send bill to : Benjamin Farnum
1370 Turnpike Street
North Andover , F1ass . 01845
EASTERN MICROWAVE , INC .
3 NORTHERN CONCOURSE
P. O. BOX 4872
SYRACUSE, NEW YORK 13221
315/455-5955
April 16, 1982
James Hyde, Esq.
722 Bay State Building
11 Lawrence Street
Lawrence, MA 01840
Re: Boston Hill/N. Andover
Planning Board
Dear Attorney Hyde:
In accord with the request of the North Andover Planning Board,
please be advised of the following:
1. The communications proposed by Eastern at Boston Hill will
use microwaves of a very low energy level and will have abso-
lutely no harmful effect on people or the environment. Eastern
will accept a specific condition of "no harm" in the town permit
if granted.
2. Eastern Microwave, Inc. as prospective lessee of tower and
equipment space at Boston Hill forarea, intercity and interstate
communications, offers to the Town of North Andover as part of
its proposed facilities, such antenna mounting space and equip-
ment space as the Town may reasonably require on or in Eastern's
space, for municipal communications such as fire, police, hospital
and other related town licensed radios. The antenna space would
be at the top of our antenna mounting structure and would provide
nearly ideal coverage for mobile two way communications in the
area. The radio equipment could be located within Eastern's
equipment area so as to benefit from our auxiliary power. Eastern
offers it's technical expertise to the town to assist its planning
and development of radio facilities at our proposed Boston Hill
site. This offer of space and expertise would be available for
the duration of Eastern's lease of the site.
3. Eastern Microwave, Inc. fully intends to enter into a lease with
Benjamin Farnum, owner of Boston Hill,for use as a microwave
communications site should a favorable permit for such use be
issued by the Board.
COMMON CARRIERS FOR THE COMMUNICATIONS INDUSTRY
Letter to: Attorney Hyde Page 2
Dated: 4/16/82
4. The initial plans for use of Boston Hill specified a structure
140 feet above ground. This was predicted on certain representa-
tions about customer locations and our preliminary determination
of the height needed to have proper terrain clearance of our
communications paths. We have now
completed final path clearance
P
calculations to our known customer locations and the maximum
height needed at Boston Hill is 120 feet above ground, some
20 feet less than was originally anticipated.
Should you or the Board need further detail on any of the above
or have further questions, please do not hesitate to call us.
erely,
r E. Peterson
C 'ef Engineer
REP/ds
Statement of Roger Peterson regarding Potential Electro-
magnetic Radiation (Non Ionizing) from proposed use of
Boston Hill Site by Eastern Microwave, Inc.
April 16, 1982
The proposed use by Eastern Microwave, Inc. of the Boston Hill
site in North Andover, MA as a communications repeater will use micro-
wave frequencies in the 6 and 11GHz common carrier portions of the
radio spectrum. These will be non-ionizing, low energy levels of
microwave radiation that are far lower than any level considered
potentially harmful by any governmental agency, worldwide.
The low energy levels, typically less than 5 watts, are focused
into very narrow beams by parabolic reflector antennas in much the
same manner as a flashlite with its tiny light bulb. The focused
energy of the microwave beam is directed well above the ground in
order to reach the next relay station 10 to 30 miles away. At no
point in the main beam are energy levels above 10 milliwatts per .
square centimeter, the level considered potentially hazardous by
the U.S. Government.
The calculated level of radiation on the ground at the property
boundaries has been calculated on the attached page. The level of
8.0 x 10 - 7milliwatts per sq. centimeter is a worst case level and
is seven orders of magnitude below the 10 milliwatt potential hazard
level of the U.S. There is no conceivable hazard potential from
the proposed communication energies to be by Eastern Microwave,
Inc. at this site.
ger &eterson�—aeg.-TIE.
a20290
C 4363
Subscribed and sworn before me this 16th y of A i 2.
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COMMONWEALTH OF MASSACHUSM'$ -. )
Essex, ss. MAR gS.OAXA4 1 Burt
Docket No.
* * * * * * * * * * * * * * * * *
*
BENJAMIN FARNUM
Plaintiff
*
VS.
*
FRANK SERIO, JR. , RICHARD J. * COMPLAINT PURSUANT TO
TREPANIER, ESQ. , WILLIAM J. * G.L. CHAPTER 40A,
SULLIVAN, AUGUSTINE NICKERSON, * SECTION 17 ,AS AMENDED
AND RAYMOND A. VIVENZIO, ESQ.
Being Members for the Board of
Appeals of the Town of North
Andover, Massachusetts
Defendants
� J *
z O
C ..
0
F O
<
W w 1. The Plaintiff , Benjamin Farnum, is an adult individual, and
o the owner of real estate located in North Andover, Essex
W a County, Massachusetts, known as "Boston Hill" , and located off
m
o Boston Street, in the Town of North Andover. Plaintiff's
a residence and mailing address are 1370 Turnpike Street, North
aAndover, Essex County, Massachusetts.
W W
2. The Defendants , Frank Serio, Jr. , Richard J. Trepanier, Eso. ,
0
W < William J. Sullivan and Augustine Nickerson are regular mem))crs
W W of the North Andover Board of Appeals. The Defendant, Raymond
a A. Vivenzio, Esq. , is an associate member of said Board. The
W Board of Appeals is an Agency of the Town of North Andover,
m z with an office located at the North Andover Town Hall, North
a
Andover, Essex County, Massachusetts.
0
3 . Jurisdiction of the Court is pursuant to Massachusetts General
Laws, Chapter 40A, s17 , and the general equity jurisdiction
of the Court.
4 . On or about December 22, 1981, the Defendants filed with the
Board an Application for relief from requirements of the
Zoning Ordinance. The said Application requested that the
Board extend a Special Permit granted originally by the Zoning
Board of Appeals in 1957 and change the name of the Petitioner
in the Special Permit Grant from the Massachusetts Institute
of Technology to Benjamin Farnum.
r
5. Following the Application of the Plaintiff, the Board of
Appeals held a Public Hearing on or about Monday, January 11,
1982.
6. At the Public Hearing, Plaintiff requested by his original
Petition and Affidavits supplementing his Petition that he be
allowed to continue the use originally granted in a 1957
Special Permit, which would allow the continuance of towers
to the height of one hundred, forty (140) feet at the site.
Plaintiff sought to substitute his name as land owner in the
Special Permit, where formerly Mitre Corporation and
Massachusetts Institute of Technology had been the Petitioner,
as tenant of Plaintiff's predecessor in title. Plaintiff at
the Hearing by Affidavit and supporting documents, presented
evidence that the continuance of the use was in no way
detrimental to or inconsistent with the Special Permit
authority, or the Zoning By-Laws as a whole. At the Hearing,
$ no opposition was entered into the record.
►: 7 . Evidence and exhibits presented to the Board for the record at
a m its January 11, 1982 Hearing indicated compliance with all
} provisions of Section 10.31 of the Zoning By-Laws .
W
o8 . In making its decision, the Defendant Board exceeded its
F o authority as set forth in the Zoning By-Law, and as more
specifically set forth in provisions contained in 10. 31 for
W W approval of a Special Permit due to the fact that Plaintiff
o had provided more than adequate evidence of his compliance
W with the requirements to obtain or extend a Special Permit. .
m �
a "a 9 . In making the said decision, the Defendants exceeded their
a authority, as set forth in the Zoning By-Law.
X
0 0 10 . As the result of the Defendants ' illegal action, the
X
a Plaintiff has suffered substantial damages , including but not
limited to the loss of rental income from the premises.
d �
W W
W
wm WHEREFORE, the Plaintiff prays for Judgment as follows :
m = 1. Annulment of the decision of the Defendant Board.
a
s
° 2. An Order compelling Defendant Board to issue a Special
Permit allowing the requested use of the Plaintiff.
BENJAMIN FARNUM
Bv . s Attorney
Howard M. Berger, Esq
BERGER, BERGER AND BE ER
90 Main Street
Andover, MA 01810
Tel: (617) 475-0756
Dated:
Trial Court of the Commonwealth — Office of the Chief Administrative Justice _
J
R`CF PTE OR USE BALL POINT PEN — BEAR DOWN FIRMLY
cFK MASSACHUSETTS TRIAL COURT SUPERIOR COURT DEPARTMENT
TC �VE� CIVIL ACTION COVER SHEET
NEssex o be filed with each Complaln%Counterclaim or Cross-Claim) No.
'LANTIFF(S) 1Q DEFENDANT(S)FRANK SERIO,JR. ,RICHARD J.TREPANIER,
ESQ.,WILLIAM J.SULLIVAN,AUGUSTINE NICKERSON,&
RAYMOND A. VIVENZIO, ESQ.
4TTORNEY(S)(Firm Name,Address,Tel.) ATTORNEY(S) (If known)
Howard M. Berger, Esq.
BERGER,BERGER AMID BERGER
90 Main Street
aver, MA 01810 Tel: (617) 475-0756
OT MT )-4 ORIGIN
IX 1.Complaint ❑ 2.Counterclaim ❑ 3.Cross-claim .-
''r"�=.:'.'�'+1!rr--T,•—.,.res-••-----•-•,�,p�,�r,.�,r-.... ..-
❑ 4.Removal to Sup. CL under G.L.'c.231,x104 ❑ 5.'Re-transfer to Sup.Ct.tUndeeG.Le.231;s102C, ,"I
►�� NATURE OF ACTION
CONTRACT TORT(CONro) EQUITABLE REMEDIES(CONrD)
O AOI Services,labor and materials O B13 Deceit(fraud-misrepresentation) ❑ 012 Dissolution of partnership
❑A02 Goods sold and delivered O 614 Unfair competition ❑ D13 Declaratory judgment, G.L.c.231A
❑A03 Commercial paper 0815 Defamation(libel slander) D99 Other(s city)Zoning Areal
O A04 Employment contrail ❑ B16 Invasion of privacy Under Chappter 40A, 8 7
MISCELLANEOUS
O A05 Real estate brokers commission 0817 Nuisance ❑ E01 Consumer protection,G.L.c.ti3A
O A06 Insurance contract O 816 Trespass
❑A07 Sale or lease of personal property O B99 Other(specify) O E02 Appeal from administrative agency,
G.L.c.30A
❑ ASale or lease of real estate REAL PROPERTY O E03 Action against Commonwealth or
❑ A9999 Other(specify) O C01 Land taking(eminent domain) Municipality,G.L.c.258
TORT O CO2 Zoning appeal,G.L.c-40A ❑ E04 Taxpayer suit G.L.c.40,s.53
0801 Assault and battery O CO3 Dispute concerning title ❑ E05 Confirmation of arbitration awards,
0602 False imprisonment ❑ C04 Foreclosure of mortgage G.L.c251
O 803 Motor vehicle negligence-personal ❑ C99 Other(specify) O E06 Massachusetts Antitrust Act,G.L.c.93
injury/property damage EQUITABLE REMEDIES ❑ E07 Governors rendition warrant
❑ 604 Other negligence-personal injury/ ❑ E08 Appointment of receiver
❑ 001 Specific performance of contract
property damage 0 O E09 General contractor's surety bond.
13
D033 Injunction
❑ 005 Products liability ❑ Reach and apply,G.L.c.214,s.3(6)-(9) G.L.c.149,s3.29,29a
❑ 806 Malpractice-medical ❑ E10 Summary process appeal
❑ D04 Reformation or cancellation of
O 607 Malpractice-other instrument ❑ Ell Workman's Compensation
(speCitr) O DOS Recovery of personal property ❑ E12 Small Claims Appeal
O 808 Wrongful death,G.L.c229,s.2A O E13 Labor Dispute
(equitable replevin)
O 809 Interference with contractual or ❑ E14 Chapter 123A Petition—SDP
❑ D06 Contribution or indemnification
advantageous relations ❑ 007 Imposition of trust ❑ EIS Abuse Petition,O.L.C.209A
O 810 Intentional or negligent infliction of O E16 Auto Surcharge Appeal
❑ 006 Minority stockholder's suit
emotional distress ❑ 009 Trade secret or confidential information ❑ E17 Civil Rights Act,G.L.c.12,sa.11H-1
O B11 Malicious prosecution-abuse of process ❑ D10 Accounting ❑ E99 Other(specify)
O 812 Alienation of affections
❑ 011 Enforcement of restrictive covenant
Is this a jury case? Yes ❑ No X)
Is this a class action? Yes ❑ No X)
Are money damages sought? Yes ❑ No M
If yes, state amount specified in your demand for judgment. $
If yes, but not specified as to amount, do you contend that if you prevail, there is a likelihood that recovery will
exceed $7,500? Yes ❑ No ❑
SIGNATURE OF RNEY OF RECORD DATE:
OFFICE USE O -DO NOT WRITE BE THIS LINE) RECEIVED
DATE: 1
P,E�.'_IL1
T
BERGER, BERGER AND BERGER J If,CCR
ATTORNEYS AT LAW
90 MAIN STREET f{f MAR 4 4o Ali fool
ANDOVER, MASSACHUSETTS 01810 MAR
J. JOHN BERGER
T[LErHONtS
HOWARD M. BERGER
(617) 475-0756
CARL W. BERGER March 4, 1982 (617) 663-1494
Town Clerk
Town Hall
120 Main Street
North Andover, MA 01845
Re: Benjamin Farnum
VS .
Frank Serio, Jr. , et als
Gentlemen:
Enclosed please find Complaint .in the above-captioned matter.
This Complaint was filed today in the Essex County Superior
Court.
Sincerely yours ,
BERGER, BERGER AND BERGER
i/
Howard M. Berger
4
Enc.
cc: Mr. Benjamin Farnum
a
t%ORTI♦
r,. ;?: •�o . Any appeal shall be filed
DAN,' : ��� 1�;���,,,,,�,� ,, t within (20) days after the
date of filing of this Notice
NOn,if t. �\EEt ���s•. ,
'► sACHu��'-' in the Office of the Town
tvWTV
Ro 17 1105 4M T TOWN OF NORTH ANDOVER Clerk.
MASSACHUSETTS
BOARD OF APPEALS
NOTICE OF DECISION
Date February 17 , 1982
Petition No.. . . . . . • . -8?•
Date of Hearing. . a n u a ry 11 , 19 8 2
Petition of . . . Benjamin F a r n u m . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Premises affected . . .
Land. . on. the. . . .West. . side. .of. .Bos.ton. . St . a.nd. .knov.rn. .as• .Bps,ton Nil
. . . . . . . . .
Referring to the above petition forXaXMyaU X Uffi k l(64ftAbd &A!Yb(fXt" an .extension of a
Special . Rermit .and a. .name chance. .fr.om. N,IT. -to. .Benjani n...Far.num • • • . •
so as to permit . . a change An. -the . .use. .of. Communica-tion . equ•i.pment. -located
onthe .h.i.11... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ... . . . . .
After a public hearing given on the above date, the Board of Appeals voted to . . D.F1.1Y. . . . . the
extension and name change . 4d , ( X�(X&e�RYa cK 4$(�h tY�(Xd(Xswd(A
MWtxt)6X. . . . . . . . . . . . . . . . . . . . . . . . . . I . . . . . . . . . . . . . . . . . . . .
Y fox XwX Vm"gtiol)PI AlW 34n,A%&knox9p)a
Signed _
Frank. .Se-ri o., . J.r. . .,. .Ch.ai r.man. . . . . . .
Richard. J .. Tre.pan.ier., . Esq..., . Clerk
ATTEST: l!i 1 1 i r! J , S u l.1.i v.a n. . . . . . . . . . . . . . . .
A True Copy
• �p�y Augus.ti ne . W... . t4j.ckers.on. . . .
Q�
Town Clerk Raymond A.. .Vi v.enz.i-o.,. . E.sq .
Board of Appeals
_ MORTq
DOIEL LOWG F
TGrN CL'_RK
NOR i;i ANDOVER
FEB 17 11 os AX T 'Ss�CNUsf`
TOWN OF NORTH ANDOVER
MASSACHUSETTS
BOARD OF APPEALS
February 17 , 1982
Benjamin Farnum
1370 Turnpike Street
Premises Affected :
Boston Hill
Petition No . 2 - 182
"fir. 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 11 , 1982 upon the application of Benjamin Farnum. The
hearing was advertised in the North Andover Citizen on December
24 , 1991 and January 7 , 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 ;
William J . Sullivan ; Augustine W. Nickerson ; and Associate Mem-
ber Raymond A. Vivenzio , Esq .
The petitioner seeks approval to extend a Special Permit granted
by the Board of Appeals in 1957 and approval to change the name
on the Permit from Massachusetts Institute of Technology to
Benjamin Farnum.
The petitioner testified , through counsel , that a Special Permit
was granted in 1957 to MIT to extend the height of a radar tower
beyond the requirements of the Zoning By Law. At that tire, the
tower was an allowed use in the Rural Residential- District of the
town . The premises affected are land on Boston Street known as
Boston Hill . In 1957 , the radar and tower were necessary for
the Defense Early Warninn system of the country .
r
'
- Benjamin Farnum _8RECE1� ;n
Petition No . 2 - ' 82
The petitioner further 9eSrEflZd Ghat the radar tower is no longer
an allowed use according t 1{ p e8 e4} .
ovisions of the Zoning
By Law, thus making the use of the tower a non-conformina use , as
well ' as a non-conforming structure . Since the proposed use of
the hill would change from research to predominantly commercial ,
and the name from MIT to Benjamin Farnum, a review by the Board
of Appeals is required. The radar atop the tower was removed
several years ago .
Mr. Farnum is requestina the extension and the name change because
two private corporations , Rollins Cablevision and Eastern Micro-
wave, wish to utilize the hill and the structures located thereon .
MIT, the original applicant, stated that it would like the hill to
continue to be available to it, as needed, for research and
experiments .
After a lengthy discussion between Mr. Farnum 's attorney , the
Board, and the Building Inspector, the Board voted unanimously
to take the matter under advisement.
On February 8 , 1982 at their regular meeting , the. Board again re -
viewed Mr. Farnum's petition . Chairman Serio passed the chair to
Member Trepanier. A motion was made by Mr. Serio to grant the
continuance of the Special Permit and chance the name from MIT
to Benjamin Farnum with the conditions that the Permit would be
for MIT, Rollins Cablevision , and Eastern Microwave only and that
the frequencies normally associated with residential television
reception would not be interfered with . Mr. Sullivan seconded
the motion , which failed 3 to 2 , with Members Serio , Trepanier,
and Sullivan voting in favor and Members Nickerson and Vivenzio
opposed.
After Mr. Serio resumed chairmanship ,
Trepanier and seconded by Mr. Sullivan atooreconsidertion wsathebmotion
to orant the request. The motion to reconsider passed unanimously .
After further discussion , a vote was called for on the original
motion to grant the request with the same conditions . Members
Serio , Trepanier, and Sullivan acai!n voted in favor and Members
Nickerson and Vivenzio again were opposed . Therefore , the request
is denied.
The Board finds that the continuance or extension of the Special
Permit would unduly prolonn the life of the non-conformin
the premises . The Board further finds that the non-conforming of
structure has long since reached the end of its useful life as
contemplated under the terms and conditions of the 1957 Special
Permit , being national defense orientated , that the same may now
be removed at no cost to the petitioner. under the terms of the
original lease , and that the continuance of the Special Permit
would unduly prolong the existence of this non-conforming structure .
Sincerely , _
jw Frank Serio , Jr . , Chairman
EASTERN MICROWAVE , INC .
3 NORTHERN CONCOURSE
P. O. BOX 4872
SYRACUSE, NEW YORK 13221
315/455-5955
April 16, 1982
James Hyde, Esq.
722 Bay State Building
11 Lawrence Street
Lawrence, MA 01840
Re: Boston Hill/N. Andover
Planning Board
Dear Attorney Hyde:
In accord with the request of the North Andover Planning Board,
please be advised of the following:
1. The communications proposed by Eastern at Boston Hill will
use microwaves of a very low energy level and will have abso-
lutely no harmful effect on people or the environment. Eastern
will accept a specific condition of "no harm" in the town permit
if granted.
2. Eastern Microwave, Inc. as prospective lessee of tower and
equipment space at Boston Hill forarea, intercity and interstate
communications, offers to the Town of North Andover as part of
its proposed facilities, such antenna mounting space and equip-
ment space as the Town may reasonably require on or in Eastern's
space, for municipal communications such as fire, police, hospital
and other related town licensed radios. The antenna space would
be at the top of our antenna mounting structure and would provide
nearly ideal coverage for mobile two way communications in the
area. The radio equipment could be located within Eastern's
equipment area so as to benefit from our auxiliary power. Eastern
offers it's technical expertise to the town to assist its planning
and development of radio facilities at our proposed Boston Hill
site. This offer of space and expertise would be available for
the duration of Eastern's lease of the site.
3. Eastern Microwave, Inc. fully intends to enter into a lease with
Benjamin Farnum, owner of Boston Hill,for use as a microwave
communications site should a favorable permit for such use be
issued by the Board.
COMMON CARRIERS FOR THE COMMUNICATIONS INDUSTRY
Letter to: Attorney Hyde Page 2
Dated: 4/16/82
4. The initial plans for use of Boston Hill specified a structure
140 feet above ground. This was predicted on certain representa-
tions about customer locations and our preliminary determination
of the height needed to have proper terrain clearance of our
communications paths. We have now completed final path clearance
calculations to our known customer locations and the maximum
height needed at Boston Hill is 120 feet above ground, some
20 feet less than was originally anticipated.
Should you or the Board need further detail on any of the above
or have further questions, please do not hesitate to call us.
erely,
VeE. Peterson
Cngineer
REP/ds
Statement of Roger Peterson regarding Potential Electro-
magnetic Radiation (Non Ionizing) from proposed use of
Boston Hill Site by Eastern Microwave, Inc.
April 16, 1982
The proposed use by Eastern Microwave, Inc. of the Boston Hill
site in North Andover, MA as a communications repeater will use micro-
wave frequencies in the 6 and 11GHz common carrier portions of the
radio spectrum. These will be non-ionizing, low energy levels of
microwave radiation that are far lower than any level considered
potentially harmful by any governmental agency, worldwide.
The low energy levels, typically less than 5 watts, are focused
into very narrow beams by parabolic reflector antennas in much the
same manner as a flashlite with its tiny light bulb. The focused
energy of the microwave beam is directed well above the ground in
order to reach the next relay station 10 to 30 miles away. At no
point in the main beam are energy levels above 10 milliwatts per
square centimeter, the level considered potentially hazardous by
the U.S. Government.
The calculated level of radiation on the ground at the property
boundaries has been calculated on the attached page. The level of
8.0 x 10 - 7milliwatts per sq. centimeter is a worst case level and
is seven orders of magnitude below the 10 milliwatt potential hazard
level of the U.S. There is no conceivable hazard potential from
the proposed communication energies to be by Eastern Microwave,
Inc. at this site.
ger E. eterson Reg--VE
a20290
C 4363
Subscribed and sworn before me this 16thy of Ai 2.
D o
Not&VKPpb�jLVNGs
Notary Public, state of New York
Pualified in onondaga county
No. 4727236
MyCommission Expires Mar.30,19$q
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COMMONWEALTH OF MASSACHUSM01. -JYER
Essex, ss. MAR 4SugeAN Burt
Docket No.
* * * * * * * * * * * * * * * * *
*
BENJAMIN FARNUM
Plaintiff
*
VS.
*
FRANK SERIO, JR. , RICHARD J. * COMPLAINT PURSUANT TO
TREPANIER, ESQ. , WILLIAM J. * G.L. CHAPTER 40A,
SULLIVAN, AUGUSTINE NICKERSON, * SECTION 17,AS AMENDED
AND RAYMOND A. VIVENZIO, ESQ.
Being Members for the Board of
3 " Appeals of the Town of North
J " Andover, Massachusetts
0
Defendants
� J
}
Z 0
O o
N
Q �
W 1. The Plaintiff, Benjamin Farnum, is an adult individual, and
the owner of real estate located in North Andover, Essex
m0 County, Massachusetts, known as "Boston Hill" , and located off
o Boston Street, in the Town of North Andover. Plaintiff's
a f residence and mailing address are 1370 Turnpike Street, North
Andover, Essex County, Massachusetts.
W ,
W i 2. The Defendants , Frank Serio, Jr. , Richard J. Trepanier, Eso. ,
m < William J. Sullivan and Augustine Nickerson are regular members
W W of the North Andover Board of Appeals. The Defendant, Raymond
o A. Vivenzio, Esq. , is an associate member of said Board. The
W Board of Appeals is an Agency of the Town of North Andover,
m Z with an office located at the North Andover Town Hall, North
a
s Andover, Essex County, Massachusetts.
0
a
3. Jurisdiction of the Court is pursuant to Massachusetts General
Laws, Chapter 40A, s17 , and the general equity jurisdiction
of the Court.
4. On or about December 22, 1981, the Defendants filed with the
Board an Application for relief from requirements of the
Zoning Ordinance. The said Application requested that the
Board extend a Special Permit granted originally by the Zoning
Board of Appeals in 1957 and change the name of the Petitioner
in the Special Permit Grant from the Massachusetts Institute
of Technology to Benjamin Farnum.
5. Following the Application of the Plaintiff, the Board of
Appeals held a Public Hearing on or about Monday, January 11,
1982.
6. At the Public Hearing, Plaintiff requested by his original
Petition and Affidavits supplementing his Petition that he be
allowed to continue the use originally granted in a 1957
Special Permit, which would allow the continuance of towers
to the height of one hundred, forty (140) feet at the site.
Plaintiff sought to substitute his name as land owner in the
Special Permit, where formerly Mitre Corporation and
Massachusetts Institute of Technology had been the Petitioner,
as tenant of Plaintiff's predecessor in title. Plaintiff at
the Hearing by Affidavit and supporting documents, presented
evidence that the continuance of the use was in no way
detrimental to or inconsistent with the Special Permit
n authority, or the Zoning By-Laws as a whole. At the Hearing,
no opposition was entered into the record.
7. Evidence and exhibits presented to the Board for the record at
a m its January 11, 1982 Hearing indicated compliance with all
provisions of Section 10.31 of the Zoning By-Laws.
W
cm 8. In making its decision, the Defendant Board exceeded its
F o authority as set forth in the Zoning By-Law, and as more
F specifically set forth in provisions contained in 10. 31 for
W approval of a Special Permit due to the fact that Plaintiff
c ; had provided more than adequate evidence of his compliance
W u with the requirements to obtain or extend a Special Permit. .
m �
z a 9. In making the said decision, the Defendants exceeded their
a authority, as set forth in the Zoning By-Law.
a �
W
a0 10 . As the result of the Defendants ' illegal action, the
M z Plaintiff has suffered substantial damages, including but not
OFlimitedlimited to the loss of rental income from the premises.
W W
wa WHEREFORE, the Plaintiff prays for Judgment as follows:
m z 1. Annulment of the decision of the Defendant Board.
a
v 2. An Order compelling Defendant Board to issue a Special
Permit allowing the requested use of the Plaintiff.
BENJAMIN FARNUM
By ' s Attorney
i
Howard M. Berger, Esq
BERGER, BERGER AND BE ER
90 Main Street
Andover, MA 01810
Tel: (617) 475-0756
Dated:
- 2 -
Trial Court of the Commonwealth— Office of the Chief Administrative Justice
. ITYeE OR USE BALL POINT PEN —BEAR DOWN FIRMLY `
Tot$1 ' -M$('
TMASSACHUSETTS TRIAL COURT SUPERIOR COURT DEPARTMENT
r ._ . DYE CIVIL ACTION COVER SHEET
Essex �t nR T•5(3,''' �To be Bled WO each ComplalnL Cowderclatm or Crwa-Clalm) NO.
'LANITIFF(S) HA 2 �11 1 DEFENDANT(S)FRANK SERIO,JR. ,RICHMM J.TREPANIER,
ESQ.,WILLIAM J.SULLIVAN,AUGUSTINE NICKERSON,&
RAYMOND A. VIVENZIO, ESQ.
4TTORNEV(S)(Firm Name,Address.Tel.) ATTORNEY(S)(If known)
Howard M. Berger, Esq.
BERGER,BERGER AND BERGER
90 Main Street
aver, MA 01810 Tel: (617) 475-0756
1- in bne •• ORIGIN
Q 1.Complaint O 2.Counterclaim O 3.Cross-claim .-
O 4.Removal to Sup.CL under G.L.*c 231,x104 ' - f""o Sup.`°Ruhdef .G1'c 1' r 2 '
P• O 5.'Re-transfer to Sup:Ct%ilnderG.L't'c.231;s102C '':••
NATURE OF ACTION
CONTRACT TORT(CONrD) EQUITABLE REMEDIES(CONrD)
O A01 Services,labor and materials O 813 Deceit(fraud-misrepresentation) O D12 Dissolution of partnership
O A02 Goods sold and delivered O 814 Unfair competition O D13 Declaratory judgment, G.L.c.231 A
O A03 Commercial paper 0015 Defamation(libel-slander) B099
Other(s city) e$1_
O A04 Employment contract ❑ 818 Invasion of privacy Under Chappterer 4�7
O A05 Real estate brokers commission 0817 Nuisance
MISCELLANEOUS
O A08 Insurance contract O 818 Trespass ❑ E01 Consumer protection,G.L.c.93A
O A07 Sale or lease of personal property O 899 Other(specify) O E02 Appeal from administrative agency,
G.L.c.30A
O A9 Sale or lease of real estate REAL PROPERTY ❑ E03 Action against Commonwealth or
❑A999 Other(specify) O C01 Land taking(eminent domain) Municipality,G.L.c.258
TORT O CO2 Zoning appeal,G.L.c_40A O E04 Taxpayer suit,G.L.c.40,s.53
13801 Assault and battery O CO3 Dispute concerning tide O E05 Confirmation of arbitration awards,
0802 False imprisonment O C04 Foreclosure of mortgage G.L.0.251
O B03 Motor vehicle negligence-personal O C99 Other(specify) ❑ E06 Massachusetts Antitrust Act,G.L.c.93
injury/property damage EQUITABLE REMEDIES ❑ E07 Governors rendition warrant
O 804 Other negligence-personal injury/ O 001 Specific performance of contract ❑ EO8 Appointment of receiver
property damage O 002 Reach and apply,G.L.c_214,s.3(6)-(9) ❑ E09 General contractor's surety bond.
0005 Products liability G.L.c.149,ss29.29a
O D03 Injunction
0006 Malpractice-medical ❑ E10 Summary process
O 004 Reformation or cancellation of appeal
0907 Malpractioe-other instrument ❑ Ell Workman's Compensation
(specify) ❑ 005 Recovery of personal property O E12 Small Claims Appeal
0809 Wrongful death,G.L.c229,s.2A ❑ E13 Labor Dispute
(equitable replevin)
13809 Interference with contractual or O E14 Chapter 123A Petition—SDP
O D09 Contribution or indemnification
advantageous relations ❑ DOT Imposition of trust O E115 Abuse Petition,O.L.d.209A
0810 Intentional or negligent infliction of ❑ E19 Auto Surcharge Appeal
O D09 Minority stockholder's suit
emotional distress O DOS Trade secret or confidential information ❑ E17 Civil Rights Act,G.L.c.12,ss.11H-1
0811 Malicious prosecution-abuse of process O 010 Accounting ❑ E99 Other(specify)
0612 Alienation of affections O 011 Enforcement of restrictive covenant
Is this a jury case? Yes O No YI
Is this a class action? Yes O No a
Are money damages sought? Yes O No YI
If yes, state amount specified in your demand for judgment.$
If yes, but not specified as to amount,do you contend that if you prevail, there is a likelihood that recovery will
exceed$7,500? Yes O No O
SIGNATURE OF RNEY OF RECORD DATE:
OFFICE U O -00 NOT WRITE BE THIS LINE) RECEIVED
BY:
1' _ DATE:
L .
- . PFr.r1r
r, r i i�;ry I I�iJ
BERGER. BERGER AND BERGER H O j' ER
ATTORNEYS AT LAW
90 MAIN STREET MAR 4O AM X82
ANDOVER, MASSACHUSETTS 01810 f1 ,7 0
J. JOHN BERGER
7[LErHON[S
HOWARD M. BERGER
(1 t 7) 471.0766
CARL W. BERGER March 4, 1982 (117) 113-2494
Town Clerk
Town Hall
120 Main Street
North Andover, MA 01845
Re: Benjamin Farnum
VS.
Frank Serio, Jr. , et als
Gentlemen:
Enclosed please find Complaint in the above-captioned matter.
This Complaint was filed today in the Essex County Superior
Court.
Sincerely yours ,
BERGER, BERGER AND BERGER
Howard M. Berger
4
Enc.
cc: Mr. Benjamin Farnum
• w
%;ORTH
REC£ =.g ; •'' `'�o Any appeal shall be filed
46
pQ+r i ��� :,•, �� within (20) days after the
tt�= •• iaas , date of filing of this Notice
s�ciiin the Office of the Town
fEB `T 1105 M T TOWN OF NORTH ANDOVER Clerk.
MASSACHUSETTS
BOARD OF APPEALS
NOTICE OF DECISION
Date . . . . . February 17 , 1982
Petition No.. . ?. ." 8 2. . . . _ . . . . .
Date of Hearing. .January.. 11 , 19 a 2
Petition of Benj ami n Fa r nu m . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Premises affected Land .on. .the. West . si_de. .of. .Bos_ton . St . . and_ .knotiin„as„Bps.ton Hill
Referring to the above petition forYaX MAM d(fX” . a.n .extension of a
Special . Permit and a. .name chance. .from. f'.IT. .to. .Benjani n...Fa-r.num . . • . . • .
so as to permit . .a change . i n. -the . use. .of. -communi ca-ti on . equ-i.pment- .1 orated
onthe .h.i.11... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
After a public hearing given on the above date, the Board of Appeals voted to . . D.Ef)Y. . . . . the
extension and name change . . . . . }figMydy� K)UUd(XU(Y,X34M�iI491MU IXXd(Xalx l
e`4�hXtxtJf�X. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
X fox xuq,mugfi m)PI I'm Am,X%&bn ekgpR R�iWxlhwnw lifi9
Signed _
Frank .Se.r- i o., . J.r. . .,. .Ch.ai rman. . . . . . .
Rich a r.d. .J .. .T re.p an.i er., . Esq..-, . C1 a rk
ATTEST: William J . S u 1,1.i v.a n . . . _ . . . . . . .
A True Copy
Augusti n.e . W..- . iJ.i-ckers.on. . . .
Town Clerk !?aymond A. . .Viv.enz.i.o.,. _E5.q ,
Board of Appeals
00
DANIEL LOWG
TGc1i VLI-RK
FED 17 11 05AN T C64
TOWN
TOWN OF NORTH ANDOVER
MASSACHUSETTS
BOARD OF APPEALS
February 17 , 1982
Benjamin Farnum
1370 Turnpike Street
Premises Affected :
Boston Hill
Petition No . 2 - ' 82
Mr. Daniel Long, Town Clerk
Town Office Building
North Andover, Mass . 01845
Dear Mr. Lona :
The Board of Appeals held a public hearing on Monday evening
January 11 , 1982 upon the application of Benjamin Farnum. The
hearinu was advertised in the North Andover Citizen on December
24, 1991 and January 7 , 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 ;
William J. Sullivan ; Augustine W. Nickerson ; and Associate Mem-
ber Raymond A. Vivenzio , Esq .
The petitioner seeks approval to extend a Special Permit granted
by the Board of Appeals in 1957 and approval to change the name
on the Permit from Massachusetts Institute of Technology to
Benjamin Farnum.
The petitioner testified , through counsel , that a Special Permit
was aranted in 1957 to MIT to extend the height of a radar tower
beyond the requirements of the Zoning By Law. At that tide, the
tower was .an allowed use in the Rural Residential- District of the
town . The premises affected are land on Boston Street known as
Boston Hill . In 1957 , the radar and tower were necessary for
the Defense Early Warninn system of the country .
J
,, 86njamin Farnum -g�ErCEf�=p
Taim ` 4` Petition No . 2 - '82
No it,-.iii; ER
The petitioner further tes dp6tie radar tower is no longer
an allowed use according trEfll
hat
By La_w, thus making the use of the toe0sewer aonon -confovisons f the Zoning
well as a non-conforming structure . Since the proposed nusesof as
the hill would change from research to predominantly commercial ,
and the name from MIT to Benjamin Farnum, a review by the Board
of Appeals is required. The radar atop the tower was removed
several years ago .
Mr. Farnum is requesting the extension and the name change because
two private corporations , Rollins Cablevision and Eastern Micro-
wave, wish to utilize the hill and the structures located thereon.
MIT, the original applicant, stated that it would like the hill to
continue to be available to it, as needed, for research and
experiments .
After a lengthy discussion between Mr. Farnum 's attorney , the
Board, and the Building Inspector, the Board voted unanimously
to take the matter under advisement.
On February 8 , 1982 at their regular meeting , the. Board again re-
viewed Mr. Farnum's petition . Chairman Serio passed the chair to
Member Trepanier. A motion was made by Mr. Serio to grant the
continuance of the Special Permit and change the name from MIT
to Benjamin Farnum with the conditions that the Permit would be
for MIT, Rollins Cablevision , and Eastern Microwave only and that
the frequencies normally associated with residential television
recepti-on would not be interfered with . Mr. Sullivan seconded
the motion , which failed 3 to 2 , with Members Serio , Trepanier,
and Sullivan voting in favor and Members Nickerson and Vivenzio
opposed.
After Mr. Serio resumed chairmanship ,
Trepanier and seconded by Mr. Sullivan atooreconsider tion was athebmotion
to grant the request. The motion to reconsider passed unanimously .
After further discussion , a vote was called for on the original
motion to grant the request with the sane conditions . Members
Serio , Trepanier, and Sullivan aoatn voted in favor and Members
Nickerson and Vivenzio again were opposed. Therefore , the request
is denied.
The Board finds that the continuance or extension of the Special
Permit would unduly prolong the life of the non-conformin
the premises . The Board further finds that the non-conforming °f
structure has long since reached the end of its useful life as
contemplated under the terms and conditions of the 1957 Special
Permit , being national defense orientated , that the same may now
be removed at no cost to the petitioner. under the terms of the
original lease , and that the continuance of the Special Permit
would unduly prolong the existence of this non-conforming structure .
Sincerely,jw _
Frank Serio , Jr. , Chairman
EASTERN MICROWAVE , INC .
3 NORTHERN CONCOURSE
P. O. BOX 4872
SYRACUSE, NEW YORK 13221
315/455-5955
April 16, 1982
James Hyde, Esq.
722 Bay State Building
11 Lawrence Street
Lawrence, MA 01840
Re: Boston Hill/N. Andover
Planning Board
Dear Attorney Hyde:
In accord with the request of the North Andover Planning Board,
please be advised of the following:
1. The communications proposed by Eastern at Boston Hill will
use microwaves of a very low energy level and will have abso-
lutely no harmful effect on people or the environment. Eastern
will accept a specific condition of "no harm" in the town permit
if granted.
2. Eastern Microwave, Inc. as prospective lessee of tower and
equipment space at Boston Hill for. area, intercity and interstate
communications, offers to the Town of North Andover as part of
its proposed facilities, such antenna mounting space and equip-
ment space as the Town may reasonably require on or in Eastern's
space, for municipal communications such as fire, police, hospital
and other related town licensed radios. The antenna space would
be at the top of our antenna mounting structure and would provide
nearly ideal coverage for mobile two way communications in the
area. The radio equipment could be located within Eastern's
equipment area so as to benefit from our auxiliary power. Eastern
offers it's technical expertise to the town to assist its planning
and development of radio facilities at our proposed Boston Hill
site. This offer of space and expertise would be available for
the duration of Eastern's lease of the site.
3. Eastern Microwave, Inc. fully intends to enter into a lease with
Benjamin Farnum, owner of Boston Hill,for use as a microwave
communications site should a favorable permit for such use be
issued by the Board.
COMMON CARRIERS FOR THE COMMUNICATIONS INDUSTRY
Letter to: Attorney Hyde Page 2
Dated: 4/16/82
4. The initial plans for use of Boston Hill specified a structure
140 feet above ground. This was predicted on certain representa-
tions about customer locations and our preliminary determination
of the height needed to have proper terrain clearance of our
communications paths. We have now completed final path clearance
calculations to our known customer locations and the maximum
height needed at Boston Hill is 120 feet above ground, some
20 feet less than was originally anticipated.
Should you or the Board need further detail on any of the above
or have further questions, please do not hesitate to call us.
erely,
Vef
. Peterson
Cngineer
REP/ds
a
Statement of Roger Peterson regarding Potential Electro-
magnetic Radiation (Non Ionizing) from proposed use of
Boston Hill Site by Eastern Microwave, Inc.
April 16, 1982
The proposed use by Eastern Microwave, Inc. of the Boston Hill
site in North Andover, MA as a communications repeater will use micro-
wave frequencies in the 6 and 11GHz common carrier portions of the
radio spectrum. These will be non-ionizing, low energy levels of
microwave radiation that are far lower than any level considered
potentially harmful by any governmental agency, worldwide.
The low energy levels, typically less than 5 watts, are focused
into very narrow beams by parabolic reflector antennas in much the
same manner as a flashlite with its tiny light bulb. The focused
energy of the microwave beam is directed well above the ground in
order to reach the next relay station 10 to 30 miles away. At no
point in the main beam are energy levels above 10 milliwatts per .
square centimeter, the level considered potentially hazardous by
the U.S. .Government.
The calculated level of radiation on the ground at the property
boundaries has been calculated on the attached page. The level of
8.0 x 10 - 7milliwatts per sq. centimeter is a worst case level and
is seven orders of magnitude below the 10 milliwatt potential hazard
level of the U.S. There is no conceivable hazard potential from
the proposed communication energies to iC
y Eastern Microwave,
Inc. at this site.
E. eterson Re�E
290
63
Subscribed and sworn before me this 16th y of A i 2.
. O o
NotftMKPpbjj&lNGs
Notary Public, state of New York
Qualified in Onondaga county
No. 4727236
my commission Expires Mar.30,1984
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DANIEL LONG
7F4�:!i (:L'-RK
NOIR-Ni ANDOVER :=• Vii;
FEB 17 II 05 AX 'SSACMUS
TOWN OF NORTH ANDOVER
MASSACHUSETTS
BOARD OF APPEALS
February 17 , 1982
Benjamin Farnum
1370 Turnpike Street
Premises Affected :
Boston Hill
Petition No . 2 - ' 82
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 11 , 1982 upon the application of Benjamin Farnum. The
hearinv was advertised in the North Andover Citizen on December
24 , 1991 and January 7 , 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 ;
William J . Sullivan ; Augustine 14. N.ickerson ; and Associate Mem-
ber Raymond A. Vivenzio , Esq .
The petitioner seeks approval to extend a Special Permit granted
by the Board of Appeals in 1957 and approval to change the name
on the Permit from Massachusetts Institute of Technology to
Benjamin Farnum. -
The petitioner testified , through counsel , that a Special Permit
was granted in 1957 to PIT to extend the height of a radar tower
beyond the requirements of the Zoning By Law. At that time, the
tower was .an allowed use in the Rural Residential District of the
town . The premises affected are land on Boston Street known as
Boston Hili . In 1957 , the radar and tower were necessary for
the Defense Early Warning system of the country .
"Oenjamin Farnum -HR�EGEty=p
Pet No . 2 82
To 082
i tion _
NOR�i� ER
The petitioner further tes EflZd hat the radar tower is no longer
an allowed use according t p ewe
By Law, thus :caking the use of the tower aononlconformons of ine Zoning
well as a non-conforming structure . Since the a use , as
uise of
the hill would change from research to predominantly commercial ,
and the name from MIT to Benjamin Farnum, a review by the Board
of Appeals is required. The radar atop the tower was removed
several years ago .
Mr. Farnum is requestina the extension and the name change because
two private corporations , Rollins Cablevision and Eastern Micro-
wave, wish to utilize the hill and the structures located thereon .
MIT, the original applicant, stated that it would like the hill to
continue to be available to it, as needed , for research and
experiments .
After a lengthy discussion between Mr. Farnum 's attorney , the
Board, and the Building Inspector , the Board voted unanimously
to take the matter under advisement.
On February 8 , 1982 at their regular meeting , the. Board again re-
viewed Mr. Farnum 's petition . Chairman Serio passed the chair to
Member Trepanier. A motion was made by Mr. Serio to grant the
continuance of the Special Permit and change the name from MIT_
to Benjamin Farnum with the conditions that the Permit would be
for MIT, Rollins Cablevision , and Eastern Microwave only and that
the frequencies normally associated with residential television_
reception would not be interfered with . Mr. Sullivan seconded
the motion , which failed 3 to 2 , with Members Serio , Trepanier,
and Sullivan voting in favor and Members Nickerson and Vivenzio
opposed.
After Mr. Serio resumed chairmanship ,
Trepanier and seconded by Mr. Sullivan atooreconsidertion wasathebmotion
to grant the request. The motion to reconsider passed unanimously .
After further discussion , a vote was called for on the original
motion to grant the request with the same conditions . Members
Serio , Trepanier, and Sullivan again voted in favor and Members
Nickerson and Vivenzio again were opposed . Therefore , the request
is denied.
The Board finds that the continuance or extension of the Special
Permit would unduly prolonc, the life of the non-conformin
the premises . The Board further finds that the non -conforming of
structure has long since reached the end of its useful life as
contemplated under the terms and conditions of the 1957 Special
Permit , being national defense orientated , that the same may now
be removed at no cost to the petitioner- under the terms of the
original lease , and that the continuance of the Special Permit
would unduly prolong the existence of this non-conforming structure .
Sincerely , _
j tr Frank Serio , Jr . , Chairman
AFFIDAVIT OF BENJAMIN FARNUM
Supplementing presentation to the Zoning Board
of Appeals on Monday, January 11, 1982
I, BENJAMIN FARNUM, on oath, do depose and state that;
1. I am the applicant in a Zoning Petition filed with the North
Andover Board of Appeals on December 22, 1981.
2. In that Zoning Petition I requested a continuance of a special
permit granted to Massachusetts Institute of Technology dated
February 20 , 1957.
3 . My request for continuation of the uses allowed in the special
permit is a result of substantially completed Lease negotia-
tions conducted with the following:
Mitre Corporation
Eastern Microwave, Inc.
Rollins Cablevision, Inc.
4 . I make this Affidavit for the purposes of supplementing my
presentation to the Board of Appeals of the Town of North
Andover, Massachusetts , and annex to it as Exhibits the
following :
Exhibit "A" - A letter from Mitre Corporation
directed to the Board of Appeals
of North Andover indicating the
continued need for these premises
to be used in the support and
defense of the Nation.
Exhibit "B." - A presentation by Eastern Microwave,
Inc. indicating their plans for the
site, which indicates that the use of
the site will not substantially
change the current use nor be detri-
mental to the public welfare, and
will not derogate from the intent or
meaning of the Zoning By-Laws or the
special permit as already granted.
'g�
Exhibit "C" - Plan and supplementary data by
Rollins Cablevision showing proposed
use of Boston Hill site along with
explanation of the same; again indi-
cating no overburdening of the site
nor uses detrimental to the surround-
ing public health, safety, or welfare.
5. The continuation of the special permit to allow the proposed
uses of Mitre Corporation, Eastern Microwave, Inc. and
Rollins Cablevision, do not exceed the current non-conforming
use as extended b_v the February 20, 1957 special permit, nor
does not constitute an additional burden to the site nor a
detriment to the area.
6. The facility will provide a public service by allowing un-
limited access by Mitre Corporation for their continuing
national security work.
7. The Eastern Microwave transmission will conduct local and
interstate telephone signals.
8 . The cablevision transmission will contain public service and
other community oriented programs .
9. The request of extension of the special permit for these uses
will not be detrimental to the public good and can be granted
without nullifying or substantially derogating from the intent
of the By-Laws.
10 . Preliminary plans for cooperation between Mitre and Eastern
Microwave have been discussed and Mitre will have unlimited
access not only to the site in the interest of National
security, but will in the future be able to use commercial
facilities for National Defense purposes.
11. It is an unreasonable burden upon the land not to allow
contemporaneous commercial use along with Mitre' s National
security as Mitre intends to pay only nominal amounts for
their use, and essentially this is a dedication to the
National good.
12. Commercial uses will not be detrimental to abutters or the
community and a point of fact will assist the community.
Then personally appeared the above-named Benjamin Farnum and
made oath that the statements contained herein are true„tQ the bes �
of his personal knowledge and where statements were .mad' tri':in-
formation and belief, he believes them to be true
Qtary Publicommission Expir'e's,-
-my ODMM(SSION EXPIRES
2 -
MITRE
Robert C. Mahoney
Vice President and Secretary-Treasurer 8 January 1982
617-271-2549 B10-8
Board of Appeals
Town of North Andover
North Andover , MA 01845
Subject: MITRE Use of Boston Hill
Gentlemen:
The MITRE Corporation has utilized the facilities at
Boston Hill for more than twenty years for research and
engineering work that has been supported by the Department
of Defense. Boston Hill is a valuable resource and we are
most desirous of having it available to use on a continuing
and long term basis . We have always maintained this on an
exclusive basis with Mr . Benjamin Farnum , the owner of the
land , but budgeting constraints will no longer permit us to
do this.
We have had several discussions with Mr . Farnum
explaining our position and he has agreed that MITRE can
continue to use the installation at Boston Hill as needed
at a nominal rent if two conditions can be fulfilled . The
first condition is that we leave the existing structures in
place , which we will agree to do . The second condition is
that he can obtain a lease with a commercial organization
or organizations who will use the facilities and therefore
cover his cost of maintaining the property. Mr . Farnum has
informed us that he has found two commercial organizations
who propose to use the facility.
We understand from Mr . Farnum that the usage of the
Boston Hill installation by others is subject to your
approval . We urge you to grant this approval requested by
Mr . Farnum because it will leave in place a testing
facility which is ideally suited for experimentation and
development of equipment for use by the Government..
Very truly yours,
RCM:pm
The MITRE Corporation
Burlington Road
Bedford, Massachusetts 01730
EASTERN MICROWAVE , INC .
3 NORTHERN CONCOURSE
P. O. BOX 4872
SYRACUSE, NEW YORK 13221
315/455-5955
January 7, 1982
Mr. Benjamin Farnum
1370 Turnpike Street
N. Andover, MA 08145
Dear Mr. Farnum:
This letter of intent summarizes the key elements for a lease to be
written for the use of the 100 foot concrete structure now existing on
the site known as Boston Hill on Route 114, North Andover, MA.
1. Use .of sufficient roof top space on the structure to permit
Lessee to erect a 40 ft. + stub tower to which Lessee can
mount communications antennas.
2. Use of approximately 500 sq. feet on the fifth floor of the
structure.
3. Lease subject to the town continuing the existing variances
for a structural height of 140 ft. + above ground.
4. Lease subject to a reasonable and workable real estate tax
basis with the town.
S. Subject to our completion of frequency coordination, now in
process.
6. AC power to be supplied by Lessor, consumption by Lessee to be
calculated and billed to Lessee at 1.2 times prevailing rate.
7. Normal insurance clauses.
8. Normal noninterference clauses.
9. Lease term - 5 years with automatic renewal unless notified by
Lessee. Renewals indexed to CPI change.
10. No water or heat required. General building and grounds mainten-
ance by Lessor.
COMMON CARRIERS FOR THE COMMUNICATIONS INDUSTRY
Letter to: Benjamin Farnum 1/7/82
Page 2
11. Lease rate in accord with terms of a separate letter.
12. All renovation and construction needed by lessee at lessee's
cost.
Please indicate your acceptance of this intent to lease on the copy
and return to us for our records.
rely,
Vfier . Peterson
Cngineer
REP/ds
Enclosure
Terms accepted:
Date
Why Boston Hill?
Eastern Microwave, Inc. , a New York Corporation, is a communications
common carrier operating as an interstate public utility under Title II
of the Communications Act of 1934 as amended (47 USC 151-609) and is
subject to the Rules and Regulations of the Federal Communications
Commission. As part of our continuing communications service to the
public, Eastern Microwave has developed air extensive communications in
the lower New Hampshire and eastern Massachusetts area to carry television,
message, and data services to local customers.
This system uses a microwave repeater near Andover, Masachusetts
referred to as Wood Hill. Now, after nearly ten years, we have outgrown
this repeater site. Customer service requests now exceed our ability to
accommodate them from this location. For this reason, we are actively
negotiating for the lease of suitable space and facilities to permit
immediate service to customers now waiting for communications from us,
and eventually, the complete replacement of the Wood Hill facility to
Boston Hill.
Our planned usage of the site includes a portion of the floor space
within the concrete building for our radio equipment, and roof area
sufficient to add a 40-50 foot steel stub tower on which we would mount
our parabolic type antennas. Our facilities are unmanned, requiring only
occasional visits by area technical personnel of Eastern for routine
maintenance and tests.
The public services via this facility would initially be television
oriented (i.e. service to area cablesystems) . Later it is on a planned
route extension for specialized message service to the area (private and
switch long distance telephone services) . By these specialized services,
reduced long distance rates would become locally available.
{
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ASOIAN, MCGARRY & TULLY
ATTORNEYS AT LAW
12 ESSEX STREET
POST OFFICE BOX 31
ANDOVER. MASSACHUSETTS 0 18 10
RICHARD G.ASOIAN ANDOVER(617)475.9000
JOHN F.MCGARRY
BOSTON(617)944.4466
MARK E.TULLY
ROBERT W.LAVOIE
AARON A.GILMAN
January 8, 1982
Board of Appeals
Town of North Andover
120 North Main Street
North Andover, Massachusetts 01845
Gentlemen:
This letter is intended to advise you that Rollins Cablevision has reached
tentative agreement with Mr . Benjamin Farnham of North Andover, Massachusetts,
for the rental of certain facilities at the top of Boston Hill, North Andover,
Massachusetts, subject to the granting of appropriate approvals by the Town of
North Andover.
The intended use of the facilities by Rollins Cablevision wi Il, in fact, be
substantially less in nature than that previously granted by the Town of North
Andover by variance and special permit. Rollins Cablevision would occupy
approximately four hundred (400) to five hundred (500) square feet of the
existing metal building, such space to be used to house electrical equipment.
No further use of the interior of the metal building is intended.
Rollins Cablevision would replace the existing, free-standing tower
with a more up-to-date, free-standing tower to be used for television reception
us e.
The radome base outside of the metal building would be used as a
foundation for three (3) satellite receiving dishes and various low-level antenna,
all such items being much less in size and height than those items formerly
placed on such foundation . All such items do not require substantial height to
operate, but merely require no interference directly above them from trees or
other items in order to pick up signals beamed from various transmission
satellites in the atmosphere.
It is important to note that all facilities on the site would be of an unmanned
nature, requiring only periodic maintenance checks from technicians .
Board of Appeals Page 2 January 8, 1982
No equipment or use would or could possibly in any way interfere with
any activity or function in the area. It is our feeling and contention that our
intended use would, in fact, be lesser in nature than is currently allowed at the
site in question.
Rollins Cablevision is a public service organization which will be providing
a public service to the greater Lawrence area . The granting of the requested use
would, in our opinion, be in the best interests of the general public. Rollins
Cablevision will provide the greater Lawrence area with many cultural, sports
and educational services in the form of programs and activities currently being
planned in conjunction with Merrimack College. The availability of these types of
programs will greatly benefit the greater Lawrence community as a whole over the
years.
If you require any further information from us concerning our intended
activities at the site, please do not hesitate to contact us at your earliest convenience.
Very truly yours,
ASOIAN, MCGARRY s TULLY
Richard G. soian
RGA: I
PROPOSED USE OF BOSTON HILL SITE
A . Rollins would occupy 400 to 500 square feet of the existing metal
bui Idi ng .
B. Short antennas and satellite receiving dishes would be placed on the
existing radar dome towers located adjacent to the existing metal building.
C. An existing 30-foot stub tower would be replaced with a self-supporting
tower, not more than 140 feet in height.
D. The premises would be an un-manned facility requiring only ;periodic
attention from technicians or repair crews.
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i
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Mr. Sen,jarri n Farnum
1370 Turnpike Street
n North Andover , Mass . 01845
Dear sir . Farnum :
Kindly submit the amount of $30 .60 to cover the cost of
processinn ,your petition before the Board of Appeals .
A check should be made payable to theTTown of north Andover
! D anO rna,y be sent to ry attention at the Town Hall , 120 Main
Street , North 'Andover , P'ass . 01845 .
Sincerely ;
BOARD OF OPPEALS
Jean E . Thite , Secretary
3 °fN
"oReceived '�y �
F 7k p
Date :_ RECEIVED TOWN OF WORTH ANDOVER, MASSACHUSETTS : :
--' OG BOARD OF APPEALS
T4 N CLERK �,b
Time : _ NORTH AND�1YO Ice : SS„"UStt
{ IV , This application must be typewritten
APPRPTIPWYELIEF FROM THE REQUIREMENTS OF THE ZONING ORDI14ANCE
Applicant Benjamin Farnum Address 1370 Turnpike St . , N. And .
1 . Application is hereby made
( a ) For a variance from the requirements of Section Paragraph
and Table of the Zoning By-Laws .
(b ) Fora Special Permit under Section Paragraph of the
Zoning By-Laws .
( c) As a party aggrieved , for review of a decision made by the Building
Inspector or other authority .
( d) For an ex tension of a special permit granted in 1957
2 . ( a) Premises affected are land and building ( s ) numbered
off Boston . Street .
( b ) Premises affected are property with frontage on the North ( )
South ( ) East ( ) West ( x) side of Boston Street
Street , and known as ( . Boston Hill Street .
( c) Premises affected are in Zoning District and the premises
affected have an area of 11 acres z m )fxmVand frontage of
square feet .
3. Ownership
( a ) Name and address of owner ( if joint ownership , give all names ) :
Benjamin Farnum
Date of purchase Previous Owner John Farnum
(b ) If applicant is not owner , check his interest in the premises :
Prospective Purchaser Lesee Other ( explain )
4. Size of proposed building : N/A front ; feet deep ;
Height : stories ; feet.
( a ) Approximate date of erection :
( b) Occupancy or use of each floor :
(c ) Type of 'construction :
5 . Size of existing building : 36 feet front ; 36 feet deep ;
Height : 6 stories ; 100 feet .
( a ) Approximate date of erection : 1957
( b ) Occupancy or use of each floor : Communication equipment
(c) Type of construction : Reinforced concrete
6 . Has there been a previous appeal , under zoning , on these premises ?
If so , when? Yes ; January 28 , 1957
7 . Description of relief sought on this petition Extension of a special permit
granted by the zoning Board of Appeals in 195Y and to changethe name
of the petitioner in grant from Mass . Institute of Technology_ to
enjamin Farnum.
8. Deed recorded in ' the Registry of Deeds in Book Page or
Land' Court Certificate No. Book Page
The principal points upon which I base my application are as follows :
(Must be stated in detail )
The use of the facilities will be substantially the same , but' th'e
type of ownership will change .
I agree to pay for�ardvertising in newspaper and incidental expenses*
4\/ Petitioner ' s Signature
Sec. 1 APPLICATION FORM
Every application for action by the Board shall be made on a form
approved by the Board. •Thes.e.-forms shall be furnished by the clerk
upon request . Any communication 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.
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 c'ity 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 . 00 . In addition , the petitioner shall be respon-
sible for any and all costs involved in bringing the petition before
the Board. Such costs shall include mailing and publication , but
are not necessarily limited to these .
LIST OF PARTIES IN INTEREST
flame Address
( Use additional sheets if necessary)