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HomeMy WebLinkAboutMiscellaneous - 5 Boston Street (2) . S t r L QX-ford MADeIN u.s.A. ® e (��lJ.�-�4 aid � � � • i 31l ;, of f F t � � 0.4 s i i ,SSACHUs�t TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS September 26, 1984 r Notice is hereby given that the BOARD OF APPEALS will give a hearing at the Town Building, North Andover , on Monday evening , October 15, 1984 at 7: 30 p.m. to all parties interested in the appeal of NYNEX MOBILE COMMUNICATIONS CO. AS LESSEE AND BENJAMIN FARNUM, AS LESSOR requesting a variance from the provisions of Section 10. 4 and/or a Special Permit under Section 10. 31 of the Zoning By Law and/or 'a review of a decision made by the Building Inspector sous to permit housing for communications equipment in approximate 20 ' x 20 ' room on premises located on the West side of Boston Street known as "Boston Hill" . By Order of the Board of Appeal: By: Frank Serio, Jr . , Chairman Publish: Eagle Tribune: September; 29 and October '6, 1984 Send 5 proofs to: Jean White, Town Hall , North Andover . �J TOWN o:. , NORTH AN50VER 7 MASSAPNUSETT4 BOARD OF APPP 'a ' Of i►oRr; .• -� ti •.:K . 0� 4t » s�cNus September 26,1984 Notice Is'hereby, given That the BOARD' OF'AP= PEALS will, Cive a hearing at the'Town BuAdl'ng,North Andover, on Monday eve- ning,:October, 15, '1984 at 7:3F' mAo all parti'es•in- terested In•the appeal of NYNEX MOBILE COMMU- NICATIONS CO. AS LES- SEE AND ',BENJAMIN' FARNUM, AS LESSOR re- questing .a variance from the provisions of Section 10.4 and/or a Special Per- mit under Section 10.31 of the Zoning By Law and/or a review of a decision made by the Building Inspector so as to permit housing for communications equipment In approximate 20'.x 20' room on premises located on the Westside of Boston Street known as "Boston Hill." ET—Sept 29;Oct 6,1984 RECEIVED Any appeal sball be filed DANIEL LONG ?. "�01ur•,,° within '(20) days after the TOWN CLERK ����" �� � date of filing of this Notice t�-. Ar�tt717 �� ► NOME' A;COVERCH6: i•, isss ;,,�' in the Office of the Town �1ff'Vf� DEC 2q 10 $1 AN X84 '►ssAVWg Clerk. ►� � TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS NOTICE OF DECISION Date lecember 14 , 1984 . . . . . . . . . . . . . . . . . Petition N,.. . . .51'.'.8 4. . . . . .'� Date of HF firing. . c t ober 15.,. .19 8 4 Petition of NYNEX MOBILE COMMUNICATIONS COMPANY AND BENJAM.IN. .FARNUM. . . . . . . . . . . . . . . . . . Premises affected . . .West side of 6oston Street. .kn.ov .. .a .. '."Qoston Iii l.l.' . Referring to the above petition for a v ti6i%AabmAkec mqahrmenU ofxtha . . .S.p e.c i a.l. P.e r m i t . u.nde.r . Se.ct.i.on. .10...31. .o.f. .th.e . Z.on.i.ng. .By. .Law. . . . . . . . . . . . . . .� . . . . . . . . . . . . . . so as to permit h.o u sA n g. .f o.r. . c.o m m.0 n i.c a tJ o n.s . e.q u i.p m e.n t. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . After a public hearing given on the above date, the Board of Appeals voted to . . G.ra n.t . . . the S p e.c i a 1 . Perm i t. . . . I . . . . . . and hereby authorize the Building Inspector to issue a permit to i nstall. . and, use. .equi pmep.t .-i.n . a.n. : a.rea. .gf. .ap. praxlm.ate.l.y. .20'x20 ', on the 5th floor of existing bu-ilding -and °install and use five , 121 * for the construction of the above work, based upon the following conditio s: *antennas on top of the building , the size of fishing rods . **That no more than 5 antennas the size of fishin . rods with a maximum height of 12 ' be allowed on top 'of the building Signed RJ chard. �J... Trepa.n. er , . Esq.:. Act-i ng Chai rman W.J.l i.i.a m. .J... .S u.1.1 i.v.a n. . . . . . . . . . . . . . . . . Wal ter. F . . S.o u.l.e . . . . . . . . . . . . . . . . . . . . . Maur.i.ce. .S .. .Fo-ul d.s. . . . . . . . . . . . . . . . . . . . . . . . . . . . . Board of Appeals REcEiVzrD DAN(EC LOKG Any appeal shall be filed ,OWN' C MpRTN NORTfi ?,lp�FR 3��..{�•° •.'," within (20) days after the DEC 1� F p date of filing of this Notice �� 5I Am �$ ;�^ _ in the Office of the Town Clerk. sACNUs TOWN OF NORTH ANDOVER MASSACHUSETTS _ BOARD OF APPEALS December 14 , 1984 Mr . Daniel Long , Town Clerk Town Office Building North Andover , ;bass . 01845 Re : NYNEX Mobile Communications Company and Benjamin Farnum West side of Boston Street known as "Boston Hill " Petition No . 51- ' 84 Dear Mr . Long : The Board of Appeals held a public hearing on londay, evening , October 15 , 1984 upon the application of NYNEY Mobile Communi - cations Company and Benjamin Farnum . The hearing was advertised in the Lawrence Eagle Tribune on September 9.9 ind October 6 , 1984 and all abutters were notified by regular rr il . The following members were present and voting : Richard J . Tr .�oanier , Esq . , Acting Chairman ; William J . Sullivan ; Walter F . Soule ; Maurice S.. Foulds ; and Raymond A. Vivenzio , Esq . The petitioners seek a Special Permit under Section 10 . 31 of the Zoning By Law so as to permit housing for communications equipment in an approximate 20 foot by 20 foot room on premises located on -. the West side of Boston Street known as "Boston' Hill " in the R-2 zoning district . Testimony revealed that the petitioners seek permission to allow NYNEX to install and use equipment in an area of -approximately twenty feet by twenty feet on the fifth floor of the existing building located on the site and to install and use 'five , twelve foot antennas ( the size of fishing rods )- on the top floor of the building for the purpose of offering to the pu )lic mobile cellular telephone service . Further testimony revealed that after installa `.ion , the presence of any personnel will not be required . r _ `'EOEIVED DAA°i= L LO .G NYNEX and Benjamin Farnum TOV111 CLFi 1, Boston Hi l l HORT'l AiI��OVER Petition No . 51 - ' 84 DEC � December 14 , 1984 �Q 51 Page 2 No opposition was voiced at the hearing . The Board voted unanimously to take the petition under advisement. The Board rendered a decision at a regular meeting held on Monday evening , December 10 , 1984 . Members Trepanier , Sullivan , Soule , Foulds , and Vivenzio were again present and vrting . Upon a motion made by Mr . Sullivan and secondei by Mr . Soule , the Board voted four to one with Member Vivenzio Y )ting in opposition to grant the Special Permit subject to the conlition that no more than five antennas the size of fishing rods , w , th a maximum height o.f twelve feet , be allowed on top of the building . In granting the Special Permit , the Board make. the following findings and conclusions : 1 . The Board has the authority to grant the Special Permit under the provisions of the Zoning By Law , Sections 9 .1 , 9 .2 , 10 .22 , _ and 10 . 31 . 2 . The application requests a minimal extension of the use already permitted . Almost all of the equipment will be installed in a small portion of one floor of the existing building . The use will cause no inconvenience , disturbance or interference with neighbors , the district or the community-at-large . The use will serve the public convenience and welfare . 3 . The minimal extension will not be substantially more detrimental than the existing non-conforming use to the neighborhood . 4. The provisions contained in Section 9 .2 are satisfied : a ) The change can be approved by Special lermit . b ) The change will be on the 'same lot . c ) The change will virtually be all interior use and will not require construction exceeding tweity five percent. d) The economic life of the use will n t ',e extended , since the building exists and will not be surtantially' changed . 5 . Reference is made to the conditions set out in Section. 10 . 31 for the approval of a Special Permit . All the conditions are found to be met : a ) The site is an appropriate location for the use . The height of Boston Hill is appropriate for installation of cellular mobile equipment . e RECEIVED • ,-NYNEX and Benjamin Farnum DANIEL LONG "Boston Hi 1 l " NORTH'TOWN CLP--RK Petition No . 51- ' 84 December 14 , 1984 Page 3 'DEC. 10 b ) The use will not adversely affect the neighborhood . There will be no interference with radio , tilevision or house- hold appliances . It is a safe locati.( n and outside in- stallation will consist only of five , small , twelve foot antennas . The rest of, the equipment Hill be in the interior of the existing building . 06 c ) There will be no nuisance or serious Lazard to vehicles or pedestrians . This is an off-street location where there are no pedestrians . There is nc traffic and the only vehicles will be for repair and inspection purposes . d ) There will be adequate and appropriate facilities for the proper operation of the use . The building already exists and there will be no outside extensions except for the antennas . The nature of the use in non-hazardous . e ) The use is in harmony with the general purpose and intent of the Zoning By Law . The Board finds all of the conditions contained in Sections 9 . 1 , 9 . 2 and 10 . 31 of the Zoning By Law have been met . See findings of fact and conclusions , above set forth . To grant a Special Permit under the provisions of the Zoning By Law to NYNEX Mobile Communications System and Benjamin Farnum to permit the installation and use of the equipmt_ nt and antennas as described for the purpose of a mobile comm- nications system is allowed under this Special Permit . Si ; cerely yours , BOiRD OF APPE 1 Richard J Trepa er�. E s q Act . ng Chai rman RJT/jw CLIFFORD E. ELIAS COUNSELLOR AT LAW 70 EAST STREET METHUEN,MASSACHUSETTS 01844 617-687-0151 October 19, 1984 Board of Appeals Town of North Andover Town Office Building 120 Vain Street No'.th Andover, ;�assach>>setts 01841-5 Attention: ifs . Jean White Re. NYNEI and Farnum Application for Special Permit Dear Members of the Board: Jean White has suggested to me that the Board welcomes draft decisions . Accordingly, I have drafted a decision for consideration if the Board votes to grant the Special Permit. I trust you will not find this presumptuous, and I trust you will find the draft decision helpful . Thank you for your consideration. Very truly yours, /ClifforE. Elias CEE vmk Enclosure November 1984 iv.'Lr. Daniel Long, Town Clerk Town Office Building North Andover, Massachusetts . 01845 2e : NYNEX Mobile Communications Company and Benjamin Farnurn Boston Hill Petition No. of 1984 1 Dear Mr . Long: , The Board of Appeals held a public he ring on Monday evening, October 15, 1984 , upon the appli ation of NYNEX Mobile Communications Company and Benjamin Far m. The hearing was advert...ised in the North Andover - on " 9/zgand 1984 , and all abutters were notified -by regular mail. The following members were present and, v,oting. throughout: Richard J. Trepanier, Esq. , Acting Chairman; R.iymond A. Vivenzio, Esq. ; Maurice S . Foulds ; William J. Sullivan; nd Walter F. Soule . The an licants ewer represente Attorney Clifford -14 as an p esent wer S . J. Aje Di clot Meal tate, and John C.assam ssina,- enera ger-Network Des_ gn for IW: Benjadin Far um w also present. Testim y_ r th cants was introduce Regional Counsel to NYNEX 'prepared the app'.icat-on just before the deadline fo iling and was uncertain as to whether the applicat ' on shou be for a var�i�nce, special aerrait or as an aggrieved arty or a r a decision pie Building Inspector . All-three were indicated on the application, but, in __a , 'Spacial Permit was being sought. Inf oration a ials and a_Me-Ro-r-a_dun were introduced to be made a par,. of the rec 1 ""' - /7 '71. This is an application for a Special Permiy under the provisions-of-the North Andover Zoning Bylaw.-,/r2 icants are iiY,�1E�� Mobile Comriuriicativrrs-Com'any of New , Berr J ami n--FaNortha ovL-r 1---Les-s'o-"w--� The land is ;mown as Boston Hill and is lccated off Boston Street ' n North Andover . It is zoned .",_2 . he Special Permit is requested in order 13 allow NYNEX to install and use equipment in an area of approxi nately twenty feet by twenty feet on the fifth floor of the exi 'tiig building located on the site and -'Co install and use __Lve twelve-foot t Daniel Long, Town Clerk -2 November , 1984 antennas (the size of fishing rods) on the top floor of the building for the purpose of offering to the public mobile cellular telephone service. +� As of January 1, 1984, American Telephone and Telegraph Company divested itself of seven regional telephone companies . New York Telephone Company and New England Telephone Company combined into one, multi-regional company to c �:fer a wide spectrum of communications services to residents of the New England and the Mid-Atlantic States. The NYNE { Corporation is the parent of New York Telephone and New Englaid Telephone. NYNEX has formed a new subsidiary, NYNEX Iobile' Communica- tions Company (the applicant) to provide a var .ety of portable cor,;.-nunic.ations services with the same qual.i* y .he public expects from any Bell phone. The service NYNEX is offering to the public is a mobile telephone system in the Boston Metropolitan Area. There are approximately ninety major metropolitan areas designated nationwide. Authority for NYNEX to offer the service in this area stems from a decision of the Federal Communications Commission. The Massachusetts Department of Public Utilities has issued a Certificate of Public Convenience and Necessity for the construction of a cellular mobile communications system in the Boston Metropolitan Area. Prior to the authorization by, the FCC, there were only seven alio channels available for mobile 'corzmunicat`.on's in the Greater Boston area. This meant that only seven indiv..duals could use, at any one time, the entire system. Motorists would wait anywhere from, fifteen minutes to one-half hour to be able to c:-J�Caln- a line. . There were thousands of indivi,'.ualL� on `he waiting list to obtain mobile t,elephpnes . Whe,. this system was in use, a single, large antenna was used for t' e entire area. FCC approval inaugurates a new system. V e system does not use a single transmitter. Instead, it ,divicies , metropolitan area into "cells" or smaller areas with each cels covering only a few square miles . Each cell has its own small , low-powered antenna capable of handling hundreds of telephone conversations at once, each on its own private line. As the motorist leaves a cell, the motorist frees up the line in that cell and will, by computer, automatigally be transferred to the next cell into which the motorist is driving. Cellular technology ushers in a new era of personal cor�iaunications with voice clarity, convenience and reliability. Daniel Long, Town Clerk -3- N(�vember 1984 The applicants emphasize the safety of th, system. It will be run on less than 100 watts for transmission on a service of 200 amps. host recently constructed or renc ►at -�d residences accommodate 200 amps. There will be no int .:fe -ence with radio, television or household appliances . . w There presently exists a multi-story tower on the site. The proposed installation is minimal: 1. Installation of equipment in an area of twenty feet by twenty feet on the fifth floor of the building. The equipment, after installation, will not ,require the presence of any personnel . If there is any problem with the equipment, automatic signals will send notice to the central site and repair personnel will conte to clear up the problem. Regular on-site inspection - - -- will taike place. There' will be 24-hour computer monitoring. 2 . installation of five antennas on the roof of the building. They will be twelve feet in height, to thicker than a fishing rod, and will practically be invisible. _ This will be the extent of the installatio:.. NYNEX indicated that it has not seen a bet* er site than the one in North Andover. Its height is such as to require only the very small antennas described above. There will be fourteen sites in the Boson _Retropolitan A.-ea.. The other thirteen sites are: Boston, Stor,,-ham, Saugus, Braintree, Weston, Wilmington, Abington, Beverly Ashland, Bedford, Dover, Canton and Medway. The Mobile Telephone Switching Office located in Boston has already received all municipal and federal, approvals and has already been constructed. Ten other sites have received similar approvals . Utner municipalities and agencies have not only given zoning approval for the installation of equipment and antennas but have allowed them to be installed on municipal or agency sites : 1 . Braint-ree. The School Commit-tee leased to INYIdBY a site on school property. 2 . Beverly. Approval for installation on ton of the ,«unicipal water tower. 3 . Dove= . Approval for installation in tb � municipal yard. 4 . :DC. Approval for -installation-in-the :SDC Reservation on the Fells;.iay in Stoneham. Daniel Long, Town Clerk -4- November , • 104 Th site in guestio su ec o a d isio* f the is dated F ruary 20 1957, w ch the and gr ted au ho ' ty for e constr tion. -nd us of r ar ' towers to a eight . in xcess o that pe mitted by hen-ex i Zoning ylaw. f The si a the subs ct of a and ecision- dated Febru ry 17 , 198 not rel vant to t i applicatica, now before oard. The site was the ubject of"a oard de ion,'3a d July 231 4,1 82 . In that decisi n, the Boar ' granted a 5�ec��ul 2ei *c so t at a pects of the o in 195 variance co ld" b6 clar1 'ed and als h in a minima a Specific ly, there coul ' be _. ----- -an ant nna and nsmittin d` not to ' xceed a' total h ight of one hundred for feet. es 'mini al changes . would xtend the r ghts already rant d y t ari nce. . . " The site was the s j ct of a Bo rd. ' ision on February 21, 1 84 , in which it gra d Special Pe it f 'r k�h�e estakilishment of a New England Ne Excha ite f ' ' annel�'7 and the Lawre a Eagle-Tribu e. The Spec al Per t was de rmined to be a re s nable exten on o the iginal ra t of autho ' ty by the Board informatio as ese ed on the' cQn ition :51t orth in Sections 9 . 1, an 10 .31 o e Zoning Bylaw. There) as no on present at e h ring n olp sition to the app �¢stio rd took t e a lication under dvi� �mt.� in order to - low and M Zbers o _ rev the infotiona -erial and m or ndum su' itte At a re r eeting o th�� :oard h d on Mon y^ evening, Novembe 19 , 198 t Board r de ed a decision •- �"' wi z Members Trepanier Vive Dnz ' , Fou ds-, Sulliv and .Soule y�' again present and voting. Upon :notion made by Mr. and seco de , by the Board voted y A. The Board makes the following findings . of tact and conclusions : I . The Board has the authority to 'grant to .,the applicants a Special Permit under the provisions of the Zoning Bylaw. See sections 9 . 1, 9 .2 , 10 .221 10 . 31 . - �f'�.�"��'��PGI i'ittr•h at1f11A��-tj�--313—��6�0� u' '� .enc tuhPn Daniel Long, Town Clerk -5- November , 1984 - II . This application re -uests minimal- . tension of - the use already permitted. lmos 11 of the equipment will be installed in. a small portion of one floor of the existing building. The use will cause no inconvenience, disturbance,, or ,interf.erence with neighbors, the district or the community-at=large. The, use will serve the public convenience and- welfare. y n. III . The minimal extension will not be substantially more ` detrimental th:_n the existing n on-conforming use t.p the neighborhood, See Section 9. 1. IV. The provisions contained in Section .? are satisfied: 1. The change can be approved by Special Permit. 2 . The change will be on the same. lot. 3 . The change will virtually be all interior - use and will not require construction exceeding twenty-five percent. 4 . The economic life of the use will not be extended, since the building exists and will not be substantially changed. -- V. . Reference is made to the conditions set but in Section 10 . 31 for the approval of a Special Permit. All the conditions found to be met : a ) The site is an appropriate location for the use. The height of Boston Hill is appropriate for installation of, cel:lular mobile equipment. b) The .use will not adversely, affect the -neighborhood. There will be no interference with radio, televiEton .or household appliances . It is a safe locati and it id in, tallation will consist only of five, small, _ : antennas. The res will be in the interior of existing build .ng. c ) There will be no nuisance or serious _Laz< rd to vehicles or pedestrians. This is an off-street location whe-e there are -- -- no pedestrians . There:-is no traffic and the only "vehicles will be for repair and inspect-ion purposes. d) There will be adequate and appropriate facilities for the proper operation of the use. The building already exists and there will be no outside exte'nsions ,except for the antennas. The ...nature of the use is non-hazardous., e) The use is in .harmony with the general- purpose and intent of the Zoning Bylaw. ' Daniel Long, Town Clerk -6" November , 1984 PP Le ti B. The Board finds all of the conditions coitained' in . Sections 9 . . 2 and 10. 31 of the' Zoning Bylaw hive been met. See findings c fact and conclusions,' above set. f,►,rth. C. To gr. .nt a special Permit under the Prov- sions of the Zoning Bylaw t ) NYNEX Mobile Communications S f � � L•4��, :.:: L� -�.-�� Communications y. .er• and Benjamin It the installation and use of tiie E -u'iament and _ antennas, as described, for the purpose of artobil communications system. Sincerely y yours, t i Richard J. ,'Trepanier, Esq. Acting Chairman » t r. r � Daniel Long, Town Clerk J 1-4- November 1934 r The site in question was the subject of a decision of the Board of Appeals dated February 20, 1957, in which the Board granted authority for the construction and use of radar towers to a height in excess of that permitted by the then-existing Zoning Bylaw. The site was the subject of a Board decision dated February 17 , 1982 , not relevant to this application now before the Board. The site was the subject of a Board decision dated duly 23, 1932 . In that decision, -Lhe Eoard granted a a-oecial _Permit so that aspects of the original 1957 variance could be clarified and also changed in a minimal manner. Specifically, there could be an antenna and transmitting dishes not to exceed a total height of one hundred forty feet. These "minimal changes would extend the rights already granted by the variance. . . " The site was the subject of a Board decision on February 21, 1984, in which it granted a Special Permit for the establishment of the New England News Exchange site for Channel 7 and the Lawrence Eagle-Tribune. The Special Permit was determined to be a reasonable extension of the original grant of authority by the Board. Information was presented on the conditions set forth in Sections 9 . 1, 9 . 2 and 10 .31 of the Zoning Bylaw. There was no one present at the hearing in opposition to the application. The Board took the application under advisement in order to allow Board Members to review the informational materials and memorandum submitted. At a regular meeting of the Board held on Monday evening, November 19 , 1Q 3t., thy. Board rendes ed a decision with Piembers Trepanier, Vivenzio, Fouids, Sullivan and Soule again present and voting. Upon motion made by ter . and seconded by Bir. , the Board voted unanimously as follows : A. The Board makes the following findings of fact and conclusions : I . The Board has the authority to grant to the applicants a Special Permit under the provisions of the Zoning Bylaw. See sections 9 . 1, 9 . 2, 10 .22 , 10 . 31 . The Board has already acknowledged such authority in its 1982 and 1984 decisions when it granted Special Permits . Daniel Long, Town Clerk -5- November 1984 II . This application requests only a minimal extension of the use already permitted. With the exception of the almost invisible antennas, all of the equipment will be installed in a small portion of one floor of the existing building . The use will cause no inconvenience, disturbance or interference with neighbors, the district or the community-at-large . The use will serve the public convenience and welfare . NYNEY is a highly reputable corporation that has the interests of the public in mind when offering new services . III . The minimal extension will not be substantially more detri-mental th- n the existing non-conforming use -to the neighborhood. See Section 9 . 1. IV. The provisions contained in Section 9 .2 are satisfied: 1. The change can be approved by Special Permit. 2 . The change will be on the same lot. 3 . The change will virtually be all interior use and will not require construction exceeding twenty-five percent. 4 . The economic life of the use will not be extended, since the building exists and will not be substantially changed. V. Reference is made to the conditions set out in Section 10 . 31 for the approval of a Special Permit. All the conditions are found to be met : a) The site is an appropriate location for the use. The height of Boston Hill is appropriate for installation of cellular mobile equipment. b) The use will not adversely affect the neighborhood. There will be no interference with radio, television or household appliances . It is a safe location and outside installation will consist- only of five, small, practically invisible antennas. The rest will be in the interior of an existing building. c ) There will be no nuisance or serious hazard to vehicles or pedestrians . This is an off-street location where there are no pedestrians . There is no traffic and the only vehicles will be for repair and inspection purposes. d) There will be adequate and appropriate facilities for the proper operation of the use . The building already exists and there will be no outside extensions except for the antennas . The nature of the use is non-hazardous . e) The use is in harmony with the general purpose and intent of the Zoning Bylaw. On two occasions, in its 1957 and 1984 decisions, the Board has already made such a finding in Daniel Long, Town Clerk -6- November 1984 permitting the use of radar and transmitting devices . The Bylaw has been interpreted as such. The integrity of the Bylaw shall be preserved by the granting of a Special Permit. B. The Board finds all of the conditions contained in Sections 9 . 6. 2 and 10 . 31 of the Zoning Bylaw have been met. See findings c fact and conclusions, above set forth. C. To gr::nt a Special Permit under the provisions of the Zoning Bylaw t.) NYNEX Mobile Communications System and Benjamin the installation and use of the equi_oment and antennas, as c:.escrib d, for the purpose of a -_ctobile communications system. Sincerely yours, Richard J. Trepanier, Esq. Acting Chairman NORTN Of."So ,4O f 9 • - r •i - 4ACNUs TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS TO Members Trepanier, Sullivan, Soule , Foulds and Vivenzio FROM Jean E. White DATE October 23, 1984 SUBJECT: "Boston Hill" Attorney Elias submitted a draft decision regarding NYNEY' sl petition to use Boston Hill. I am forwarding it for your review. 0 NORTh 1 Rece-i"iri�d by_ Town- Clerk : . _. � ' wo of w Date : ~� TOWN OF, NORTH ANDOVER MASSACHUSETTS ` .K BOARD OF APPEALS . ,aJ�.....�t,�., T i me •�K �, I.Q CHUst ice : This application must be typewritten } AN APS►I&TI1ON4,F,J, j ELI EF FROM THE REQUIREMENTS OF THE ZONING ORDINANCE Nye �v&46' Cary ",Ilvy tuns Co,has lessee, �r CA Riv£�e /yF�v ybPut .0€ss- App l i cant 13cAq,-"fI�FAIL'jy� �s koor AddressTt��t _ /37v &A/Ia._ sr..', IV, r yPpy5- �EsS'a 1 . Ap 11 cation is hereby made (a ) For, a variance from the. .requirements of Section /0. V Paragraph and Table df, . the Zoning By=,L,aws': ( b ) For a Special Permit uhder Se'.6tion10,3/ Paragraph of the eZoning By-Laws . ( c) As a party aggr,ileved ; .for review lof a decision made by the Building Inspector or other authority . 2 . ( a) Premises affected a-re land and building( s ) numbered b-iW So mr STREFa' Street . ( b ) Premises affected are property with frontage on the North ( ) Soutn ( ) East ( ) West (X ) side of ?-vrry;4_ Street , and known as 4e-, 'Bo5-rovL14; it Street . ( c) Premises affected are in Zoning District -z and the premises affected have an area of � i A�rQ�� square feet and frontage of feet . 3. Ownership ( a) game and address of owner ( if joint ownership , give all names ) : Bei iAAmin t'arnUr►� Date of purchase Previous. Owner. Toler, Farnyrn. 1 �I VJPssaoau I s4aays Leuo iI ippe asp ) /V -Z � - V .ter 1 C?'Yn""'4 V ► The principal points upon which I' base .my application are as' tif Vows : ( Must be stated 'i n detai I') A i ayy�_ 16A S 60 14 L J !jP I agre to pay for advertising in newspaper and incidental expenses* _ A.4►fN6X /kO/;/LaEL''n• Petitioner ' s Signature Sec . 1 AP LICATION FORM Every application for action by the Board shall be made on a form approved by the Board . These -forms shall be furnished by the clerk upon request . Any communication purporting to be an application shall be treated as mere 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 city or town , and the Planning Board of every abutting city or town . * Every application shall be submitted with an application charge cost in the amount of $25 . 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 (dame Address C11D P-OVCRT W. O vim/ 2P-� Yg � S��e-�,a ��l�c,�,�� •0218 G �a Al, MARINELLI & MORISI COUNSELLARS AT LAW 197 QUINCY AVENUE BRAINTREE MASSACHUSETTS 02184 (617)848-9392 (617)848-9393 FRANK A.MARINELLI OF COUNSEL: MICHAEL V.MORISI PAUL C.BISHOP KENNETH A.TOCCI October 3, 1984 Town of North Andover Board of Appeals Dear Chairman of the Board: Would you kindly consider the earliest possible scheduling for the hearing on October 15 , 1984 as several people are coming from New Jersey and have to return on the 15th. Thank you for your anticipated attention and consideration. Sincerely yours , ;ra�nMA. Marinelli , Esq. G low PLANNING BOARD Mr. Frank Serio, Chairman anal/or Sitting Members North Andover Zoning Board of Appeals Town Building Main Street North Andover, Ma. 01845 OPEN SMMED LATELY John E. Carter Mills Hill 300 Chestnut Street North Andover, Ma. 01845 October 18, 1984 Mr. Frank Serio, Jr. , Chairman and/or any members of the North Andover Zoning Board of Appeals Sitting re Application of NYNEX Mobile Com- ` munications Company7or a Special Permit On Boston Hill North Andover Zoning Board of Appeals Town Office Building Main Street North Andover, Ma. 01845 Gentlemen; I note with interest a request for Special Permit as cited above. According to the attached article from the North Andover Citizen, Board members "agreed to take the matter under advisement. " I am not aware of any notice being given re a hearing. I respect- fully request that a transcript of any hearings which may have taken place be made immediately available to me and that I be made aware of the time and place of any deliberations on this matter. I can be reached by telephone at 682-1424 and my attorney Martin Jacobs can be reached at (Boston) 367-8808. Your cooperation is appreciated, since failure to represent my views in this matter may cause me grave material harm. Ver 1 urs, JEC:ae enc oha E. Cart cc: Martin Jacobs, Esq. Barry B. Teicholz, Esq. ,v.. a' n rCitizen, Thursday,.October r18,';ig8Q /b7 a ' NYNEX R phone beans t pp WOUdHill Area residents tivi11 be:able to make more •cause no interference with neighbors' ap- phone calls from their automobiles if, the pliauces. Board of-Appeals grants a special permit re- . The tower, which is awned by Benjamin quested by NYNEX Mobile Communications Farnum,has been before the board on several .Company. : occassions for variance requests by.tenants. NYNEX is requesting the special permit in Board members agreed to take the matter order to install, a mobile telephone'com- under advisement and review their past deci- ,rmunication-center in'the Farnum Tower on cions in order"to make•sure that they are be- Boston Hill.,`. ing consistant in their decision'making. . This site,.which was.noted as""the best one in the Boston'Ntetro area".,by attorney Clif-� . for Elias !'who represents NYNEX,1s one QF 14planned by the'communications company inthe Boston Aa.+ , • , to wtt€'`cer , '- i 'square,au e. geogaphtcsae a will bSne f hrtdt; trigliured of rr�obale tleplann oncra�: tions ata tate ° u ,ts ` �,,lfthe spy�natsj�tek �Bfop midi t ftft��p �o e t c r$t 1 lyyr 1# siIto, M � yg�{ {.� il�, klt $ttifl� g Tiy 1 foot n aaalso°b creot ; ' These pbrdtn tos�lsas� r p c ieaiiy`eit�•,� tstble° the e of� �atg, pds ' Eli . ssufetl t o to a t '4 Aute #watts i t `of dower nedetl�o{ crit ohe` tatto� tld C� Pearl Buck + CLAIM CHECK I'1�Y NO. 188894 v. ' k OHOCD Pearl Buck C Pearl Buck DATE ..' _> ,n.y d✓,. s -, .� ' Al - 1ST NOTICE ^•''� 2NDTICE , Frank Serio , Jr. , Chairman and/or Sitting Members ^th Andover Zoning Board of Appeals RETURN 4n Building P 567 940 959 in Street Detached from °th Andover, Ma. 01845 PS Form 3849—A ♦ Oct. 1980 Please transmit Immediately C.A�C1CTc1�,. 's• , 300 CHESTNUT STREET,NORTH ANDOVER,MASSACHUSETTS 01845 ti k r 0 y. r r �f r, x� i i ' ���� �� i {� �t �: �;,. <f ^v; a y,�, �� n �� 4 f it � INTRODUCING PRIORITY ONE*sm THE CELLULAR PHONE SERVICE FROM NYNEX MOBILE COMMUNICATIONS. NOW, THANKS TO BELL TECHNOLOGY, A PHONE IN YOUR CAR CAN BE AS PRODUCTIVE AS THE PHONE IN YOUR OFFICE. �f HOW TO USEYOURPRIORITY,ONE F w e . . WHAT CELLULAR MEANS. WHO WE ARE. i =� - _,,�„ _---�� I � � i l l I } �, , . . � �� � .�,_rr � s� �, i ! � r x i �. �� 3 ���W� ��'�;� �� '� ��, �: f�. ,. t o ���� 3t� � ��. b �� ��. � �� ��� r;. �� �� � ti .� ter, k u .,$ �� 5 � �� -��� �- 3 FAL �� � � t� �.�„ m�. s. „ ,r = �„�. �., „�� e,br,� �� M � �, __ T � KEEPYOUR BUSINESS MOVING I EVEN WHEN YOU'RE ON THE ROAD. Now being out of the office doesn't have to In fact, a PriorityOne telephone is our office I p Y mean being out of touch. You can be out visiting phone in your car. customers or prospects and be "in" to other INITIATE ACTION. customers and staff who may need you, too. RESPOND TO OPPORTUNITIES. A whole new mobile telephone technology Priority One service ensures your ability to developed by Bell can make it happen for you. act and respond quickly, even when you're out of ENTER CELLULAR TECHNOLOGY the office. For example, at the touch of a button, FROM NYNEX. right from your own car, you can: Imagine a phone in your car that works as • Make and implement decisions; hard as the phone on your desk. • Get quick answers on critical issues; i Priority Ones" cellular service from NYNEX • Check the status of jobs in progress, swing Mobile Communications makes it possible. people into action; And while new, this advanced technology has • Dictate correspondence to your secretary; been solidly proven in several major U.S. cities. • Call a meeting,g, beef others or be briefed; , Priority One service offers expanded, virtu- • Reshuffle your appointment calendar. gg ally interference free telephone conversation so Fact is, Priority One:service marks the end of i you can make or receive calls to or from any- executive downtime. Because productivity I where in the world with the same ease, conven- doesn't stop when you get in your car. It's just 1 ience and clarity as your office phone. beginning. IJ I '; I.v II 'il4l II I;I;;dh ip, III IIIc III Itl Iu, �'' PI �n4'n'Ihi IIIv hl IIS ili, li 11 III L:.,I'il Ih .,.I, a �II .Vk n IIIIN GiG,4�l p I,el' VIIII II,IX ISI �' .,u 9 by ,al II '.4i '0PRCR�' 'H9R9'SWH1 I ,Ea I;:IhSEfi���Iry �.�y4�Ah�'',�tao ■cN, RidVy!■OUi,cN 'Ih��lmw;;,.Yhd mk.d.l, Ww '.� 4.,,II II � I C I�I.i�� If 1 i r,:;, �✓' ����ai:; In M n r.M�` I r�I�.1... �f '. d�ti4k ;I. ���Y ..,x.' s �4.�� µ��bl�,�.,4 p�'G9'�§n,�p,�?I �G .» alnadl allwaar nndlo�I Mr I .IaII�BI ilrll�Ita�ldl.y�w�41.II�1u�oW��41�Ilu.rldo�,�:.4111t�I�s�'t�l�ak������ I�� �++� �C�id �hMFr,���'h�� I :7�fldri�hS �;�� �f�roa��" HOW TO USE YOUR PRIORITY ONE PHONE. WHAT CELLULAR MEANS. WHO WE ARE. WE'RE' WHEN YCII�.IVEEt�i�l ► � �= � PHONE. IT JUST L.IKE YOUR OFFICE USE IT IS A PHONEO BECAUSEYou can make or receive calls to or from While the Priority One telephone is a product anywhere in the world,just as you do on your of the latest technology,with many advanced s familiar as your office telephone. office phone. Even to another mobile telephone. features, its a You dial direct, too. There's no need to get an operator or any third party to help. And like many modern telephones,your Priority One phone even has a memory for fre- quently called numbers. It works just like any other phone—because it is a phone. 4 Options can add even more convenience.For DEF example, a remote microphone and speaker for j convenient hands-free operation. Soon, call forwarding. Conference calling. And more. GH1 AL. For security,your Priority One phone is even programmed with an electronic "lock"— r8 9 standard. So you don't have to worry about PRS unauthorized people making calls from your car. SEND—Initiates CLEAR—Clears END Terminates your call. display. your call. Horn Store Recall Nite E STORE—Stores RECALL—Recalls NlTE—Selects up to 10 frequently last telephone brightness levels ` In No Lock Use Horn Svc Roam called telephone number dialed. for display. numbers. Alert HANDSET RELEASE BAR to free handset from latched position. t Aff N"EAAL r f Mobile HOW TO USE YOUR PRIORITY ONE PHONE. WHAT CELLULAR MEANS. WHO WE ARE. �. WE'RE NEARBY,WHEN YOU NEED US. LOOK • • • COVERED. 4 E 1 1 � , .pt n" � ,1 r 4 r d r , J r AT aR On n _.ate 'rr" ` d r/l ^""r• 17f.1.;�. 'M�f, `� F W YOU CAN CALL ANYWHERE NO IN TWORLD AND COME THROUGH LOUD AND CLEAR. NYNEX cellular technology ushers in a new A LINE OF YOUR OWN. ; era of personal communications while you drive. When you place a call, you get a line of your An era of voice clarity, convenience and own—without delay. And as you drive from cell reliability equal to your office telephone. An era to cell, a computer automatically transfers j of increased productivity simply not possible your call to the next cell instantly. You are until now. never aware of the transfer because there is no ii THE CELLULAR DIFFERENCE. interruption of service whatsoever. isI Now you can say goodbye to existing mobile OFFICE PHONE CLARITY, TOO. telephone limitations. Cellular telephone tech- nology from NYNEX Mobile Communications The calls you make from your car are as clear } makes all other mobile systems virtually as calls from your office phone. obsolete. That's because the line you get when you pick up your mobile phone is ours alone. No otherUnlike earlier systems, NYNEX cellular technology does not use a single transmitter to caller can interrupt. And your calls are instantly cover an entire city. Instead, (as shown in the transferred to the local telephone system, which illustration above)it divides a metropolitan area ensures the same voice clarity you expect from into small cells. Each cell covers only a few your office telephone. square miles and has its own low-powered Of course,you can use your Priority One transmitter ca able of handling hundreds of phone in any NYNEX Mobile Communications P telephone conversations at once, each on its service area. And in metropolitan areas all own private line. across the nation. WHAT CELLULAR MEANS. I ; WHO WE ARE. k -0 v a. RE NEARB"'1 'W�IEMIIftyy Y i V F 5 r OOLK HOW WE'VE • • • exp' ,t t Six•��- �..,'j Z � c x . ii V C�, Aa'94l�1 , Irl � I �u m a X MOBILE COM N►uNICATIONS• ���� E WITH A CENTURYNYNE OF 4i, A NEW NAM TECHNOLOGICA L LEADERSHIP ' from NYNEX Mobile Communications. Our name may be new to you,but we're as nolo y' WHAT'S DOWN THE ROAD7 familiar as the Bell telephone service you've had for years. miniaturized portable n The future may bring � A HERITAGE OF BELL QUALITY. telephones that you can carry with you,wher- ever you go.But whatever the future of commu- i NYNEX Corporation is the parent of New you can be sure nications holds,there's one thing y G York Telephone and New England Telephone, y divestiture NYNEX has of: a NYNEX company would know that the i w created by the AT&T d en. And when it does,y formed a new subsidiary,NYNEX Mobile Com- p has been brought to you only after j provide a variety of portable technology I munications,top quality it's been proven reliable enough to carry the I ` communications services with the,same q y NYNEX name. our customers expect from any Bell phone* NYNEX Our goal? As always, to provide you with the In fact, the NYNEX Companies have most efficient communications available any- tion of technological innovation—to provide the ,here in the world. best possible service to our customers. Like Priority One mobile phone service. It's Today,this technological leadership means handling heavy service to your car. And to the cellular service built to maintain Bell extending telephone se standards of reliability while ha g coastal ships and boats that hone.With ellularl ca- tions as reliable as the p tech- business traffic. WHO WE ARE. I t�i sih7 k�M a k' h ' yOs �x ��Iw �R�,;NE�`�►RB � i f " �. � At", •, 4 ��h �, ..,, , t I I i k 1., 3 ti I � ' N I r �u�llli I I' Ali f l r -> SUPPORT THAFS CUSTOMER AS RELIABLE AS THE SYSTEM ITSELF. No product or service is worth much unless authorized service technicians can take care of the company that offers it can install and main- it at your location, and have you back on the road tain it properly. And that's where NYNEX Mobile in the shortest possible time. Communications excels. In addition, our Customer Service Bureau is LOCAL SALES AND SERVICE. only a toll-free call away and staffed with knowl- edgeable professionals ready to answer any With sales and service centers conveniently questions that arise. located throughout major metropolitan areas, THE RIGHT EQUIPMENT were nearby when you need us. AT THE RIGHT PRICE. Every authorized NYNEX Mobile Communi- cations location is staffed with experienced So whether you need a single cellular tele- phone in your car or a total, custom-designed people who can demonstrate how productive Priority One service can be for you. And certi- package for a fleet of cars and vans, speak with fied technicians, who can install your mobile a NYNEX Mobile Communications Authorized phone quickly and professionally, without tying Representative. We have the equipment, the up your vehicle any longer than necessary. personnel and the experience to do it right. The MORE CONVENIENCE FOR YOU. first time.Why not find out more about Priority One In fact, should maintenance ever be required, mobile phone service today? { ,� $ir " Y i LOOK • l { t I � HERE'S HOW TO GET MORE INFORMATIONO IWant to know more about Priority One mobile Priority One service package that fits your phone service, and how it can increase your company's needs exactly? J effectiveness while you're out of the office? l Want to actually "test drive" a Priority One mobile phone to see for yourself how quickly you GIVE US A CALL. TODAY. can make a call?And hear for our _ i yourself the clear, It's easy.Just call toll-free 1-800-292 BELL, I crisp voice quality you never expected from a Extension 411. Or your local NYNEX Mobile car telephone? Communications Authorized Agent. We'll be ' Want to talk with someone about designing a happy to help you. No obligation, of course. t i t I k PR/ORRYONESM THE ADVANTAGES ARE AS CLEAR AS A BELL Priority One is a service of NYNEX Mobile Communications Company. ©1984 NYNEX Mobile Communications Company W 19 W V F 0 W W 3 3 0 Nd 0 0 y'g0 ui P-I-!Id 09100'SL9S�bM h8L0 suoileoiunwwoo el!gow XSNM NYNEX Mobile Communications Company (NMCC) has been granted permission by the Federal Communications Commission (FCC) to operate a mobile telephone system in the Boston Metropolitan Area. This approval is labelled Exhibit 1 and is entitled "United States of America, Federal Communications Commission, Radio Station Authorization, Mobile Radio Authorization, FCC Form 463." The FCC specifically authorizes mobile telephone service within a "CGSA," or Cellular Geographic Service Area. This area is shown within the thick black line shown on the map labelled Exhibit 2. This area is referred to as the Boston CGSA and is operated by the Boston CGSA, Inc. In addition, the Boston CGSA, Inc. was granted a certificate of public convenience and necessity (CPCN) to construct the cellular mobile communications system in the Boston area by the Commonwealth of Massachusetts Department of Public Utilities. The Interim Order is labelled Exhibit 3 and delineates the entire process from application to approval. The Order also explains the relationship between Boston Cellular Geographic Service Area Inc. and NYNEX Mobile Communications Company, a subsidiary of NYNEX Corporation which came about on January 1, 1984 as a result of the court-ordered divestiture. In order to establish service within the Boston CGSA, NMCC is seeking to establish mobile telephone installations in the following cities and towns: Boston, North Andover, Stoneham, Saugus, Braintree, Weston, Wilmington, Abington, Beverly, Ashland, Bedford, Dover, Canton, and Medway. The Mobile Telehone Switching Office (MTSO) located in the city of Boston has received all municipal and federal approvals and has already been constructed. Sites in Saugus, Braintree, Weston, Wilmington, Abington, Beverly, Ashland and Dover have also received all necessary municipal and federal approvals and are all either constructed or under construction. NMCC is currently seeking municipal approval for a proposed site at 5 Boston Road, North Andover. The proposed installation consists of space in the existing building to house equipment and 5 whip antenna affixed to the roof .of the building. The installation will be unmanned and will require no services except electric and telephone. A lease agreement for this space is included and is labelled Exhibit 4. John D. Casamassina, General Manager - Network for NYNEX Mobile Communications has prepared the enclosed letter labelled Exhibit 5 addressed to The town of North Andover. This letter contains additional information regarding the proposed installation. A trial system has been in effect in the Chicago area for the past several years. In a survey conducted in the suburban town on Lyons, Illinois, twenty-one persons in the immediate vicinity of the antenna were asked to sign a letter which states: "We have lived here since the monopole was constructed." "We have experienced no disturbance or interference from the monopole or its use, nor do we consider that our property values have declined as a result of the presence of the monopole." All 21 residents signed. The proposed mobile phone service is a basic vital adjunct to the communications systems of the future. It is believed that this service will enhance the communications in the Boston metropolitan area. This will be an invaluable service to the residents of the region. 0361H ' UNITED STATES OF AMERICA FEDERAL COMMUNICATIONS COMMISSION ' RADIO STATION AUTHORIZATION MOBILE RADIO AUTHORIZATION FCC FORM 463 BOSTON COSA. INC, COMMON CARRIER ONE BLUE HILL PLAZA. 1fftH FLOOR DOMESTIC PUBLIC CELLULAR RADIO PEARL RIVER. NEW YORK logos TELECOMMUNICATIONS SERVICE CALL SIGN: KNKA201 FILE NO: 29038-CL-MP-0+ PAGE 01 OF 04 OPERATOR: KNB y ORIGINAL GRANT DATE: NOVEMBER tg, 1982 ' DATE OF ISSUE: 04ARC14 29. 1984 ALL PREVIOUSLY ISSUED AUTHORIZATIONS ARE VOID EXPIRATION DATE: NOVEMBER 19. 1995 MOBILE UNITS PRESENTLY AUTHORIZED: 04SO00 AUTHORIZATION IS GRANTED FOR CELLULAR FREOUENCY BLOCK B BASE: 880.020 THROUGH 889.980 MHZ MOBILE: 835.020 THROUGH 814.980 "HZ COPY THIS IS A TRt3E CONTROL POINT N0. 001 8888 W. 87TH OR1ui23AL LO CATED AT: . tHICKORY HILLS ILLINOIS jjNL,X mobile Com munio"tons Co• r pinza 1 Dlue 11,11 Yoik 10935 LOCATION No. 001: LATITUDE: 42 16 26 N P CLTI MV ji � '� .3 MILE W OF FOUNTAIN STREET AND SING LENGITTARYUDE: 071 27 07 W CITY: ASHLAND TOWNSHIP j STATE: MASSACHUSETTS COUNTY: 0410OLESEX ANTENNA MARKINGS: NOME 1 i .y I LOCATION N0, OOZ: LATITUDE: 42 09 03 N 1100 fT. 74 05 W NE OFo.THE INTERSECTION OF TURNPIKEUST. 60TRACY WOOD RD. CITY: CANTON TOWNSHIP STATE: MASSACHUSETTS COUNTY: NORFOLK ANTENNA MARKINGS: NONE LOCATION N0. 003: LATITUDE: 42 24 SO NE: 071 •. 35 W 160' N OF THE INTERSECTION OF BOSTON AVENUIEUAND NORTHOSTREET CITY: MEDFORD COUNTY: S STATE: MASSACHUSETTS SUFFOLK _ ANTENNA MARKINGS: NONE -� LOCATION ND. 004: LATITUDE: 42 40 30 N 800' N OF THE INTERSECTION OF CHANDLER OROAD UAMD OGREENWOOO71 It 26 WROAD CITY: ANDOVER TOWNSHIP STATE: MASSACHUSETTS COUNTY: ESSEX ANTENNA MARKINGS: NONE FEDERAL +- !� COMMUNICATIONS COMMISSION •..���10 UNITED STATES OF AMERICA �- FEDERAL COMMUNICATIONS COMMISSION RADIO STATION AUTHORIZATION CALL SIGN: KWA201 PAGE 02 OF 04 FILE NO: 29038-CL-MP-61 OPER4TOR: KNB LOCATION NO. 005: LATITUDE: 42 33 49 N LONGITUDE: 070 54 32 M FOLLY HILL. OFF TRASK LANE CITY: DANVERS COUNTY: ESSEX STATE: MASSACHUSETTS ANTENNA MARKINGS IN ACCORDANCE WITH PARAGRAPH(S) PARA; 2&22 FCC FORM 715 OF FCC FORM 715. LOCATION NO. 006: LATITUDE: 42 Os 56 N LONGITUDE: 071 24 57 W .2 MI E OF SE CORNER OF INTERSECTION OF MAIN ST. & POND STREET CITY: MEDWAY COUNTY: NORFOLK STATE: MASSACHUSETTS i ANTENNA MARKINGS: NONE COpY TI-Tis IS TRUE LONGITUDE: 07 t /6 56 w pRIGINAL LOCATION NO. 007: LATITUDE: 42 11 46 N A LOCATED AT: 625' E OF INTERSECTION OF HEARTHSTONE OR. AND NEBO ST. mu01Criti0I18 �►O• STATE: MEDFIELD MASSACHUSETTS COUNTY: NORFOLK NYNEXMObile Com 1 ANTENNA MARKINGS: NONE Blue N'w Yl rk 1=J935 p rl Bive LOCATION 1#0. 006: LATITUDE: 42 20 03 N LONGITUDE: 071 19 13 M 700' S OF THE INTERSECTION OF SOUTH AVE. & BROWN ST. CITY: WESTON TWP. COUNTY: MIDDLESEX STATE: MASSACHUSETTS ANTENNA MARKINGS: NONE LOCATION NO. 009: LATITUDE: 42 16 30 N LONGITUDE: 071 OS 23 M 4600 WASHINGTON STREET CITY: BOSTON COUNTY: SUFFOLK i STATE: MASSACHUSETTS ANTENNA MARKINGS: NONE t LOCATION NO. 010: LATITUDE: 42 32 27 N LONGITUDE: 071 10 OI W 625 MAIN STREET CITY: WILMINGTON COUNTY: 0410OLESEX ' STATE: MASSACHUSETTS ANTENNA MARKINGS: NONE LOCATION NO. 011: LATITUDE: 42 29 41 N LONGITUDE: 071 00 IO W 400' E. OF THE INTERSECTION OF CRANBERRY LANE AND GUARD STREET CITY: SAUGUS COUNTY: ESSEX = STATE: MASSACHUSETTS ANTENNA MARKINGS: NONE fir..•Mr FE .+ COMMUNICATIONS1� COMMISSION9JI IL UNITED STATES OF AMERICA / ~ FEDERAL COMMUNICATIONS COMMISSION ' RADIO STATION AUTHORIZATION CALL SIGN: KNKA201 FILE NO: 29038-CL-MP-84 PAGE 03, or 04 OPERATOR: KNS LOCATION NO. 012: LATITUDE: 42 36 26 N 02 1000' NE OF INTERSECTION OF FOREST STREETANDEVANSTUDE: IROADse W CITY: MIDOLETON TOWNSHIP STATE: MASSACHUSETTS COUNTY: ESSEX ANTENNA MARKINGS: NONE LOCATION N0. 013: LATITUDE: 42 13 12 N THIS IS A TRUE COPY 800' SE OF THEINTERSECTION OF RIVER AND ARNOLD STREET CITY: BRAINTREE 70 S 2S W ORIGINAL LOCATED AT:STATE: MASSACHUSETTS COUNTY: NORFOLK ANTENNA MARKINGS: NONE NYNLX Mobile Communic-ttions :'o. 1 Blue Hill Pl:^za LOCATION NO. 014: LATITUDE: 42 OS 38 N Pe rl River, New Alk 1.:9 ;5 706 BROCKTON AVENUE LONGITUDE: 070 88 O/ W CITY: ABINGTON TOWNSHIPIN STATE: MASSACHUSETTS COUNTY: PLYMOUTH ANTENNA MARKINGS: NONE LOCATION N0. 018: LATITUDE: 42 29 01 N 840' S OF THE INTERSECTION OF TURF MEADOW IRD.EAND CONCORD: 071 176ROAD CITY: BEDFORD COUNTY: MIDDLESEX STATE: MASSACHUSETTS j ANTENNA MARKINGS: NONE f LOCATION N0. 016: LATITUDE: 42 34 48 N LONGITUDE: 071 57 0.6 M1. S OF INTERCHANGE 29 OF NEW MIDDLESEX TURNPIKEI(U.S.WRT. 3) CITY: BILLERICA TOWNSHIP COUNTY: MIDDLESEX STATE: MASSACHUSETTS ANTENNA MARKINGS IN ACCORDANCE WITH PARAGRAPH(S) NONE OF FCC FORM its. LOCATION N0. 017: T LA ITUDE: 42 27 38 N 201 BEDFORD STREET LONGITUDE: 071 14 10 M CITY: LEXINGTON COUNTY; MIDDLESEX STATE: MASSACHUSETTS ANTENNA MARKINGS: NONE WAIVERS AND CONDITIONS CONDITION 3 ON THE REVERSE SIDE OF THIS AUTHORIZATION DOES NOT APPLY. FEDERAL COMMUNICATIONS ` FEDERALNCOMMUNIICEATIONS COMMISSION RADIO STATION AUTHORIZATION CALL SIGN: KNKA20/ PAGE 04 OF 04 FILE NO: 29038-CL-MP-84 OPERATOR: KNB THE GRANTEE fS REQUIRED. NO LATER THAN THREE YEARS FROM THE ORIGINAL GRANT DATE OF THIS AUTHORIZATION. TO FILE AND SERVE UPON ALL OTHER PERMITTEES. LICENSEES AND APPLICANTS IN THIS SMSA. AN APPLICATION FOR RADIO STATION LICENSE ON FCC FORM 403. THIS STATION AUTHORIZATION WILL AUTOMATICALLY BECOME LICENSE FOR FIVE YEARS FROM THE FILING DATE OF THE FORM 403. EFFECTIVE THIRTY DAYS AFTER SAID FILING DATE. UNLESS THE COMMISSION ADVISES THE GRANTEE TO THE CONTRARY WITH IN THIRTY DAYS AFTER RECEIPT OF SUCH APPLICATION AT THE COMMISSION OR UNLESS A PETITION TO DEFER LICENSE IS FILED WITHIN SAID THIRTY-DAY PERIOD. THE GRANTEE MAY NOT RENDER SERVICE TO THE PUBLIC UNTIL THE LICENSE APPLIED FOR ON FORM 403 BECOMES EFFECTIVE. OUTPUT POWER FOR MOBILE TRANSMITTERS SHALL NOT EXCEED 7 WATTS. THIS IS A TRUE COPY RATHER THAN 60 WATTS. ORIGINAL LOCATED AT. SYSTEM IDENTIFICATION: 028 NYNEX Mobile Communications CO. I I31ue I-I11, Pl,za Pe I River, w Yolk 935 FEDERAL �• �rt: � COMMUNICATIONS ��r�• COMMISSION Public Mobile Service I AUTHORIZATION CONDITIONS AND REQUIREMENT$ I. Operation of this station is governed by 4. During construction this authorization the grantee and received at the Commission prior Part 22 of the Commission's Rules. shall not vest in the grantee any right to operate to the expiration of such period. the Commission the station, nor any right to any authorization may grant an extension if it finds that the gjantee 2. This authorization permits only the use of permitting the use of the particular frequency or was prevented from completing the construction of + such transmitters as appear in the Commission's the amount of power. or any herein specified time said station by causes beyond the grantee's control. . "List of Equipment Acceptable for Licensing" of operation. The Commission, in issuing this in the Radio Services other than Broadcast. The authorization, reserves the right to assign what- 7. This authorization is issued on the grant- output power for mobile transmitters shall not ever frequency. power. or time of operation it ee's representation that the statements contained exceed 60 watts. The Effective Radiated Power deems best calculated to serve public interest. in his applications and notifications are true and for mobile transmitters under Sub-Part K shall convenience. or necessity. The not exceed 7 watts. terms of said that the undertakings therein contained. so for as authorization as to frequencies,q {ower, emission. they are consistent herewith. will be carried out in 3. Upon completion of station construction. time of operation. and scope of communications good faitIL The permittee shall. during the term of* in accordance with the terms of this authoriza- expressly made subject to the exercise of said this authorization. render such service as will ! lion. the grantee shall. on the forms and in the reserved right. serve public interest. convenience, or necessity manner prescribed from time to time by the Com- to the full extent of the privileges herein conferred. mission. make known to the satisfaction of theS• Nothing contained herein shall be con- Commission that all the terms. conditions. and strued as a finding by the Commission on the obligations set forth in the application and in this question of marking or lighting of the antenna g• Neither this authorization nor the right system should future conditions require otherwise. granted herein shall be assigned or otherwise 1 authorization have been fully met. After such The permittee expressly agrees to install such transferred to an firm. company. or cor- abowing and notification. and upon a finding b y person. p° g y marking or lighting as the Commission may here- poration in violation of the Communications Act the Commission that since the granting of this after require under the provisions of Section 303(q) of 1934, as amended. and without the written con- authorization no cause or circumstance have arisen which. in the judgment of the Commission. makes of the Communications Act of 1934, as amended sent of file Commission. This authorization shall . not vest the permittee any right to operate the The operation of the station against the public station nor any right in the use of the frequencies interest. the Commission will withoul notification 6. This authorization shall become automati- designated in the authorization beyond the term sanction this authorization for operation of the tally forfeited if the said station is not ready for hereof. nor in any other manner than authorized station. Thereafter this authorization contains the operation within the time specified, unless prior herein. This authorization is subject to the right conditions specified in Section 309 of the Com- to the date of required completion of construc- of use or control by the Government of the United munications Act of 1934, as amended, and such tion the Commission shall have granted an exten- States conferred by Section 606 of the Communica- t other terms and conditions as the Commission sion of time. Upon proper showing. made to it by lions Act of 1934, as amended. may prescribe. THIS IS A TRUE COPY ORIGINAL LOCATED AT: NYNEX Mobile Corn►nunicutions Co. '• 1 Blue 11111 Plaza FCC form 403 febivay 19@4 •r � •111 �`\ ., ��,i�\�• .� �ita�� . / S! O ALS ' � ~`-Y .� .� CLQ D A1T' •i 3. is :.',�r„. 'sem+ C�..,�'� !► _' - r Q <.O x 4- � {q,r� -arT. ,.°! ���"� ,G. r 4��� '�"4� '• Via`;,r r �`',�'�� .�. dr.1 4V Ogg IFA ANNY I Vt g'k` I � r /� Sm Cis �7 �� - � a ,i- - .•` r!�\tom ' s c _.. 1i! MINOR OY R '�.�'' „ ��:•� 0,�+. .� 4 4 �� � �1•' ..�V '!-�I;t"' RC1 1���� 00 od • 1����t '� "..ef!G� r��P��..•a v`r"aL�`"�,ry'-v�•Z'!'e`'1��,�,< . 4m4foE:�lS�'.Kyc 'f►� lax Ri gn tu QA Wo Pm: � E A �6 � rr�"�}. �� +/ ;��'Y�'+� s •��r �` "` \�► k' '�•' � a i��.Ay� �: ei► aar t?, :. 1o 41 •� \• 1 � ism P w- OF fl'N 07 Kwulm � ' •1. �Yl•. �1:'l�. � t�� �'����� OMX 54, , .► 4r f ? 'y" .d4,S i'/ .�` ,l�s1d, Ne ; it►� P �l f i• �,�'� r.... a ATOFp�3... �y • �•. ,,�g�.•yp. •.�•<,y� '{jw' •'d �s:'•pij _7 `k��+;� .} ,f}(�� IT!�1�;i�1�p[! i• mom- vIN �• �►r ti 'I � vrt' ���.� r � .. P owl 13 -NNO •X�/°Msn\, �'''\,`:YYi��C�,�, �►��'t �yi+ ��! � ::e••�� ,f 1 0 J •'l �,iv AP-0 VAN '► *,4!`� LI/M� .R.�p,` rt 3':•u; �E•1�,, \. .\�.„'�/Ir.A sR�.7�� a��� �� l �a7V5%Tq a ^Air \�. !�,'� ; • e:;� , � ASO . "i_� �.' ! 'a�t•>..�f�.."yy. �5�.,;�iw,�ftl,.:' '•� L.�rI' Z to ' a+�' J � ��O�F� �q.�/' ''I ice.. 1"�yi,� ,' W" ��....• :.��`.te �.•. O 'ti --��J4f:711�iY` ww-- tt/i�tb1.I> 0�.'�y Sti�_i'��E;�; r�� � .�.. ,IJ-'�� v 1� � p�e.ya• '�P - rw�' c�iAr� �'yj"�11,pti , -•",•�� '��,'►jht� � ,�1 � Y ,� 'L ' icy' ,` �'P'�%._..� ► �1 . � '�='D`s +`' r..±/1r1��e o>t.r_I l,�i��I� •/ � � .+�, iJA o i., o n ' 1 •'� i- i�� t r"'t���h ' � J`���j�M,, �i�M���i-�?�1��j '��►�� � f t �� �`�'i l•7w��\ � `�� ',.t ���� ��j:.�� ►�a_7 I. y �1 , a��i11`�►� ; ij:�`j�"", tyl� i •"i`t��.A►� t`Zr; r',S �J :/� 4 w. ��wom •/ays� tii �.IS 11 W /fid: � ,�,� ► �/� r,�r\�`����►w�,. cTi+.,ll��•� �► '..yy�`�y.y�1�1„�ti,;/t.��t''� i��. �,��e *•�,i/ �(�'�� �,? �l�t•�`pT� \ Q��'siw'�� •,�;�� ►y �!�!!a..�". t11� 1� t " MI` %fit Tviluttvi DEPARTMENT OF PUBLIC UTILITIES r • December 9 , 1983 IN1TERIM ORDER - D.P.O. 1565 Apolication of Advanced Mobile Phone Service, Inc. , on behalf of Boston Cellular Geographic Service Area, Inc. (Boston CGSA, Inc. ) •, under the provisions of Chapter 159, Sections 12 A through D, of txe General Laws, as amended, "for a Certificate as a Radio Utility for the operation of a mobile radio utility system for compensation within the Commonwealth of Massachusetts. ------------------------------------------------------- APPEARANCES: David A.* Fazzone, Esq. Alicia R. Lopez, Esq. • Sullivan And Worcester One Post Office Square Boston, Massachusetts 02109 FOR: ADVANCED MOBILE PHOITE SERVICE, INC. Applicant Stephen P. Bowen, Esq. Assistant Attorney General One Ashburton Place 19th floor Boston, Massachusetts 02108 FOR: THE DEPAR7*,QrNT OF THE ATTORNEY GENERAL Intervenor George Michaels, Esq. Alan Bouffard, Esq. George Michaels, P.C. 25 New Chardon Street Boston, Massachusetts 02114 Alan D. :'Bandl, Esq. LeBoeuf, Lamb, Leiby and MacRae 168 Milk Street Boston, Massachusetts 02109 FOR: YANKEE CELLTELL COMPANY Intervenor D. P. U. 1565 Page 1 I. TNT IODUCTION A. Proms dui jat-.ers On June 27, 1983, Advanced Mobile Phone -Servide, Inc. ("AMPS") petitioned the Department of Public Utilities ("Dbpartment") on behalf of Boston CGSA, Inc. ("CGSA" or "Company") pursuant to G.L. C. 159 S 12B for a grant of a Certificate of Public Convenience and Necessity ("CPCN") to construct and operate a cellular mobile radio system within the Commonwealth of Massachusetts. The Department conducted public hearings on the construction phase of the foregoing petition on September 26 and October 24, 1983. y Acknowledging possible pre-emption by the FCC in some areas, (see infra ) the Department has identified the issues to be addressed in the first phase as managerial , financial , technical and public necessity concerns in so far as they relate to the construction of the cellular system. Yankee Celltell Company ("Yankee") , also an applicant currently before this Department for certification to construct and operate a cellular mobile radio system, filed a petition to intervene in the proceedings. Pursuant to 220 CMR 1 .03 (d) of the Department's Procedural Rules, AMPS then filed an answer objecting to Yankee's petition. The Department subsequently allowed the petition of Yankee. However, prior to the hearing, -]/The Department will investigate other issues as well as CGSA's tariff proposals in a further phase of the proceedings. P. P. U. 1565 Page 2 AMPS and Yankee agreed to a stipulation under which Yankee would refrain from discovery and cross-examination during the construction phase of the investigation. Such stipulation, while entered into the record of the proceedings, binds only the a signatories and not the Department. The Attorney General for the Commonwealth of Massachusetts (•Attorney General") also intervened in the proceedings pursuant to the authority granted in G.L. C. 12 S 11E. In addition, Senator Royal L. Bolling, Sr. of the Second Suffolk District testified at the hearing requesting AMPS to develop comprehensive Affirmative Action programs in hiring and training employees and requesting that the Department take certain actions with the Massachusetts Commission Against Discrimination to set standards of compliance with Affirmative Action legislation and to consider such matters before certifying such utilities. - Boston CGSA, Inca, the applicant, is currently a subsidiary of AMPS, which is a wholly-owned subsidary of American Telephone and Telegraph ('ATT") . As of the January 1, 1984 AT&T divestiture, CGSA is scheduled to become a wholly-owned subsidiary of the NYNEX Corporation, a spun-off AT&T regional holding company. NYNEX Mobile Communications Company plans several other fully owned subsidiaries, all of which will operate in financial independence of one another. The FCC authorization to construct a cellular system, granted to AMPS by the FCC on November 19, 1982 , will be transferred to CGSA at divestiture. D. P. U. 1565 page 3 • At the hearing on October 24, 1983 , testimony in favor of the proposed filing was presented by Morgan Kennedy, President of CGSA, Graydon R. Wood, vice-president chief financial :officer and treasurer, and Joseph C. Farina, a director and officer who responded to technical questions. B. Nacka�round , In 1968, the FCC set aside sufficient frequency spectrum to meet the demand for land mobile radio communications, recognizing that there was significant congestion in the frequencies then in use Notice InguiLy XW proms emakina - 14 FCC 2d 311 (1968) . Part of this spectrum was eventually allotted for public use in 2 d RQ,pprt AnA Order Docket No. 18262 46 FCC 2d 752 (1974) 756. By 1981 , the FCC had determined that the 40 MHz public spectrum would best be used by apportioning a 20 MHz band for the provision of cellular mobile radio to each of 2 carriers per service area. Ninety major metropolitan areas nationwide were designated as the available 'service areas. The FCC awarded one 20 MHz -band to the wireline carrier serving each city. The other 20 MHz band was to be awarded to a non-wireline carrier pending application and hearing, gp jngyjty Z Q ±1M IUM Df ±1m Bands 82� Mft =d 870-890 MHz f= Cellular Communications Sym ms Docket No. 79-318, 86 FCC 469r 46 Federal Register 27655 (1981) . Cellular mobile radio technology ("cellular") differs significantly from traditional mobile radio technology. Current mobile systems operate on specific frequency bands and cover wide D. P. U. 1565 Page 4 service areas through the use of high-power transmitters. Within each band of frequencies, discrete frequencies, or channels, are assigned to mobile units used by customers of the system. Each unit operates only on the assigned frequency. In addition, channels cannot be reused within a 60 to 100 mile radius due to signal interference difficulties. These technical limitations of frequency use restrict the number of calls which can be made at any given time. In comparison, cellular technology is based on the principle of frequency reuse. Instead of high-powered transmitters covering a large service area, cellular systems are composed of many segments or 'cells' of an overall service area. These cells are typically 2 to 10 miles in diameter , and are served by low-power transmitters. For this reason, frequency interference is less of a problem. This system configuration allows non-contiguous cells within a service area to use the same frequencies, thereby greatly increasing their availability and the number of •calls that can be made at one time. As a customer travels from one cell to another, his call is switched, , or 'handed-off' by means of the system's central computer. Although contiguous cells will necessarily make use of different frequencies, a customer 's cellular mobile unit would have the capacity to adapt to these changes. In its Docket No. 79-318, the FCC noted an immediate need for additional public mobile radio facilities and determined that state franchising regulations requiring demonstration of public D. P.U. 156 5 Page 5 need for cellular service would delay implementation. Therefore, the FCC claimed federal primacy in this area. Docket No. 79-318 at 504-505. In addition, the FCC noted its primary goal of ensuring a system which would be compatible nationwide. For this reagon, federal primacy was also claimed in the areas of technical standards and market structure , 504-505. As cited in Title II section 2 (b) and 221 (b) of the Communications Act of 1934 as amended, with respect to charges, classifications, practices, services, facilities, and regulations for , or in connection with intrastate or local exchange communications service by wire or radio, was reaffirmed. II. DI�CDSSION On June 27, 1983 , the Company filed its application pursuant to G.L. c. 159 S 12B. For the purposes of this proceeding, the Department will accept the Company's determination that it is appropriate to receive this application- pursuant to G.L. C. 159 S 12B rather than G. L. C. 159. S 12 (d) . The Department further notes that the FCC has also asserted authority in the area of public need demonstrations, docket 79-318 discussed suT The Department concurs with the FCC finding that such a need exists and finds that the construction of the Boston CGSA system is in the public interest. Although the Department appreciates the concerns raised by Senator Bolling it cannot address these concerns in the context of this adjudicatory proceeding. The cellular system planned by CGSA will consist of D.P. U. 1565 Page 6 twelve sites which will serve the Boston Cellular Geographic Area ('service area") as defined in its Re Qr ndum, DD__ inion Aa gIde', Sin Reconsidera ion Docket No. 79-318 at 361. AMPS iAtial application to the FCC specified 17 cell sites, however, this plate was subsequently modified to an initial plan for 12 sites with 5 sites held for future expansion. Mr. Wood testified on the financial aspects of the application. Be indicated that NYNEX has committed $26 million to CGSA to cover construction costs and any operating loses for the first two years. He forecasted that operations would become profitable by the third year. A review of the financial data submitted to the Department reveals that the commitment by NYNEX Mobile Communications of $26 million to Boston CGSA during the construction and startup phase (Tr. 10/24, p. 25) will be sufficient to cover the 12-cell construction costs of approximately $12 million (Bench Information Request No. 4) and the estimated operating losses of the first two years. Since this phase of the investigation is limited to findings associated with ability to construct, the Department finds that CGSA has adequate financial ability to construct the proposed facilities. Mr. Kennedy testified that in order for CGSA to meet its construction schedule and provide service by the third quarter of 19841 the certificate should be granted expeditiously. He also explained the current managerial relationships between CGSA and NYNEX after the AT&T divestiture. NYNEX cellular subsidiaries D. P. U. 1565 Page 7 will operate in financial independence from one another. Each will have its own management team for day-to-day matters, while directors may serve on the boards of more than one subsidiary (Tr. 10/24,, - p. 19) . Mr. Kennedy further testified that the Boston CGSA directors (see Exh. AMPS-2, p. 2) represent a diverse mix of backgrounds including engineering, marketing and finance. These directors will have ultimate responsiblity for Boston CGSA and will provide guidance and supervision for the day-to-day management team. The Department finds that the relationship of Boston CGSA to NYNEX Mobile Communications Company will insure that a sufficient level of general managerial expertise will be available to the Boston operation. The combined experience of the Boston CGSA Directors, who will also serve as Directors to other NYNEX Mobile operations, ensures that the day-to-day Boston management team will be able to draw upon expertise in the fields of engineering, marketing and finance as they are needed. Mr. Farina testified on the technical aspects of the application. He indicated that the initial FCC application had been amended and that CGSA intends to construct only 12 sites at this time. He stated that the entire service area would be adequately served by 12 cells and that he would be personally responsible for the technical areas of construction until a Boston team was assembled. After that time he would continue to oversee the technical aspects of the Boston operation. D. P. 0. 1565 Page 8 Mr. Farina also testified regarding the construction schedule for the Boston system. He stated that some slippage in the original schedule had already taken place due to the delay in certification. The initial construction schedule calls for service to begin in September of 1984. He added, however, that should certification occur after a hard frost, the mobile telephone switching office ('MTSO') construction would not be able to begin until spring. If such were the case, this would delay service being offered until as late as December 1984. In examining the technical ability of CGSA, the Department notes that the FCC asserts federal primacy in the area of technical standards. These standards, which are designed to ensure minimum levels of compatibility between operating equipment at local and national levels and of signal quality. The Department has chosen to restrict its examination to the technical ability of the applicant to construct a cellular system. Given the history of telecommunications and related technical experience of the parent company and the presence of their personnel on the CGSA's Board of Director 's, the Department finds that Boston CGSA has the technical ability to construct. Based upon the above, the Department is satisfied that the Boston CGSA, Inc. , will receive sufficient managerial talent, financial backing and technical expertise from its parent company to guarantee its ability to construct a cellular system. As indicated at the public hearing of September 26 , 1983 , in recognition of lead time, the seasons, zoning application D. P. 0. 1565 Page 9 proceedings and other requirements necessary to launching a new system, the Department sees no reason to delay construction while tariff and operational issues are investigated. Consequently, we find that the applicant has the ability to construct, a cellular system. Accordingly, the Department will grant a certificate to construct to take effect immediately upon issuance of this Order. We note, however, that while the Company has been found to be financially, technically and managerially qualified to construct a cellular mobile system, the operation of the system and any activities related to the marketing or advertising of the system cannot be permitted until such time as other issues, including a determination of an ability to operate, terms and conditions of operation, and a tariff setting forth rates and charges, has been filed and approved by this Department. -D. P. 0. 1565 Page 10 w i V. ORDER Accordingly, after due notice , hearing and consideration, it is: i S28DERED: That the application by the Boston CGSA, Inc. , for a certificate of public convenience and necessity to construct a cellular mobile communications system in the Boston market area, as defined by the FCC in its Docket 79-318, is hereby granted to take effect upon issuance of this order. By Order of the Department, /s/ PAUL F. LEVY A true copy Paul F. Levy Attest; Chairman f ' Y a Mary Cottrell Secretary Appeal as to matters of law from any final decision, order or ruling of the Commission may be taken to the Supreme Judicial Court by an aggrieved party in interest by the filing of a written petition praying that the Ozder of the Commission be modified or set aside in whole or in part. Such petition for appeal shall be filed with the Secretary & of the Commission within. twenty days after the date of service of the decision, order or ruling of the Commission, or within such further time as the Commission may allow upon request filed prior to the expiration of twenty days after the date of service of said decision, order or ruling. Within ten days after such petition has been filed, the _ .. appealing party shall enter the appeal in the Supreme Judicial Court sitting in Suffolk County by filing a copy thereof with the Clerk of said Court. (Sec. 5 , Chapter 25 , G.L. Ter. Ed. , as most recently amended by Chapter 485 of the Acts of 1971) . October S, 1984 Town of North Andover Dear Sir or Madam: NYNEX Mobile Communications Company, on behalf of Boston Cellular Geographic Service Area, Inc. (Boston CGSA, Inc. ) , the applicant, is proposing to establish a communications system in the Boston Metropolitan area to provide mobile or portable radio telephone access to the public switched network. This service, "Domestic Public Cellular Radio Telecommunications Service," is subject to compliance with Part 22 of the Federal Communications Commission's (FCC) Rules and Regulations and must be licensed by the FCC to operate. In addition, the applicant has received a "Certificate of Public Convenience and Necessity" (CPCN) to construct, from the Massachusetts Department of Public Utilities. The system design consists of fourteen (14) base stations strategically placed throughout the Boston Metropolitan area. The proposed station in N. Andover is identical to the others in its function and operation. It consists of space in an existing building and five whip antennas affixed to the roof. The space in the building will house low-power electronic radio equipment. Only electrical power and telephone services are necessary for the building. No other utilities are needed since the site will have no employees reporting to it. Technicians will make visits to the site monthly or as required. The antenna structure will only be used by the applicant for the provision of cellular radio service. -2- The frequency band selected by the FCC for this new mobile radio service is 825-845 MHz (Mobile transmit) and 879-890 MHz (Base station transmit) . There are no other commercial radio, television or private radio stations operating in this frequency band. Frequency tolerances imposed by the FCC and modern state of the art radio equipment prevent out of band radio emissions. The maximum effective radiated power for the base station is a relatively low 100 watts (compared to commercial radio and TV stations of several thousands watts) . In practice, the transmit power may very well be reduced because of overlapping coverage from adjacent base stations. This will be determined by actual field measurements. A similar system has been operating in Chicago, Illinois for about three years and we have not experienced any interference problems with this system, whatsoever. Power density levels measured at various distances around a typical base station conclude that electromagnetic energy levels will be less than .001 milliwatts per square centimeter. This is an energy level far below the Occupational Safety and Health Administration radiation protection guidelines recommending continuous exposure to power density levels no greater than 10 milliwatts per square centimeter (Part 29 of the Code of Federal Regulations, section 1910.97) . Based on this we can safely state that power density levels emitted by our proposed radio stations pose no environmental hazards to life or any electronic equipment that may be in the area. I hope that this information will be helpful to you when reviewing our application. If you have any other questions, please feel free to call me on (914) 627-2268. Thank you very much for your help and cooperation in this matter. ;l 'Y � �' - ,� John D. Casamassina General Manager - Network JDC:dl 0482d •� '" `� -All ,.41,�" •i.l• '•.i1'S"a'"z`:yh_� ��.�`' •�S• r f+L ..T. Yi r' :���..j.• '.�t'•.,_..':....' 3'r`wi�'•h"'�..",a�L•+.:'L�' -''�`. i'� ' 4 "� J.• � •:�;.:;�.1..+'Y ,�.+.,,,i,��*..-•!,�4t •t. '�Ny.�l.: u � i• - ,�Y .L�I•.e �, .a:, ;` ',`,��' qA Ir J,. L,ti.o •L'.�_.'J, 1 � \ / 5 �y `v� <d�ZGI rtl�c! �•'� .A.�aY r.y f'--' b 1'�I :• • r� .1 •.:•" � .., '+'� ., � t; • A L a irbi. .y.2 .0 � a l.___ �.�..--�-�-�- -rz�•c,-� 1"'—�-z .-�-ti viz p r _.6�0.. ' ! i`' � � I ,� �i • � � 1 tom- � �� � /` r in •' ) of-o � a«.irL r—• _moo `^'�:. I j .�! �--�R' L.— :J- I \\ .� �� Fz- - -I—j---�--- 4--:�._—..�.__ •� i I � I � I I � J L - . 1 I-r. 1-- --i +-_inJ I—W .-J LeL rer '1 1 J 1 I 1 I• { �� J I_ 1_ J I_ �J J� o . L _ J. L' J QROPO,�fl NOPT44 A NDOVeR 5TH t:1.o0(z - 12A�10 I I��T"Q LL1�T-ION y ter -. � - � ►- � -� � � ; 1.r_. �.• .. j.. o it t '�J .L_� J_ L _ J _ _ J -ir - -ir - -igtr�,; � r tl It Ute! ' 1 J L _ J, J L;G L_ _J L _ ; 1 1 1 1 1 �' I i � • ; r -7 -1 F F F Iz t ! ► t i(0�1� S=A//ANsrc•O Cj ya,(37 0-71 .J L _ .t L-7_3XJ �.J f J%7 Ong X3-„� .� .,C-p► _ -._. _:.t�`�=�3-C=J . , 1I_ _-JL 1 L _ J L_J L J 0 •ios�-Q dMQ Q John E. Carter Mills Hill 300 Chestnut Street North Andover, MA 01845 November 1, 1984 Ms. Jean White Secretary North Andover Zoning Appeals Board Town Building North Andover, MA 01845 Dear Ms. White: With reference to my earlier letter of October 31, 1984, this is to additionally confirm that on my visit to your office of October 18, 1984, you told me the following: namely, that the hearing on the NYNEX Mobile Communications application regarding Boston Hill was continued until November 19, 1984, at which time a decision would be made, and further, that the minutes of the "public" hearing would not be available until after same were approved at that meeting. Very truly 3fours, n E. Carter cc: Martin Jacobs, Esq. One Faneuil Hall Marketplace Boston, MA 02109 Barry B. Teicholz, Esq. 15 Court Square Boston, MA 02108 • NORTH p� •o y�tiO F 9 •i t' # #i b++r•o ••" ,ssACHUs�t TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS November 16, 1984 Mr. John Carter Mills Hill 300 Chestnut Street. North Andover, Mass . 01845 Re: Application of NYNEX Mobile Communications Company, Boston Hill, North Andover, Mass. Dear Mr . Carter: I received your letter dated 'October 31, 1984 in which you confirmed our telephone conversation of October 30, 1984. It is a practice of this office to release minutes of meetings only after acceptance by the . Board of Appeals. Said acceptance is achieved by a vote of the Board at a regularly scheduled monthly meeting . The minutes you specifically requested will ')e subject to such a vote of acceptance at the Board' s regular mcithly meeting to be held on Monday; November 19, 1984, 'Upon accoetance, they will be made available to you within ten ( 10) days o'_ receipt of a written request . sincerely, BOARD OF APPEALS Jean E. White, Board Secretary jw cc Town Planner John E. Carter Mills Hill 300 Chestnut Street North Andover, Ma. 01845 October 31, 1984 Ms. Jean White Secretary North Andover Zoning Appeals Board Town Building North Andover, Ma. 01845 Re: Application of NYNEX Mobile Communications Company, Boston Hill, North Andover, Ma. Dear Ms. White: This is to confirm our telephone conversation of October 30, 1984. In response to my request for either (1) a transcript of the ZBA hearing regarding the above , or (2) access to your notes, your response was that neither is ever made available to anyone for any reason prior to the minutes being approved by the board. I was particularly perplexed since Ms. Pomeroy, Town Planner, had earlier assured me to the effect: "I'm sure that if the notes are not written up, Jean will be able to make them available to you. " If this is contrary to your understanding of our conversation, kindly contact me in writing immediately at the letterhead ad- dress. e3g-.tr lyours, J E. Carter cc. rtin J bs, Esq. One Faneuil Hall Marketplace Boston, Ma. 02109 Barry B. Teicholz, Esq. 15 Court Square Boston, Ma. 02108 Ms. Karen Pomeroy, Town Planner North Andover Town Building North Andover, Ma. 01845 a C"TIFFORD E. ELIAS COUNSELLOR AT LAW 70 EAST STREET METHUEN,MASSACHUSETTS 01844 617-687-0151 - I",EMORANDUM TO: BOARD OF APPEALS TOWN OF NORTH ANDOVER FROM: CLIFFORD E. ELIAS RE: APPLICATION FOR SPECIAL PERMIT Applicants: NYNEX Mobile Communications Company and Benjamin Farnum DATE OF HEARING: October 15, 1984 I . INTRODUCTION This is an application for a Special P rmit under the provisions of. Section 10 . 31 of the North ndover Zoning Bylaw. The applicants are NYNEX Mobile Commun' ations Company of New York, Lessee, and Benjamin Farnum of orth Andover, Lessor . The land is ;mown as Boston Hi 1 and is located off Boston Street in North Andover . The Special Permit is reque ted in order to allow NYNEX to install and use equipment in an area of approximately twenty feet by twenty feet on the fifth f or of the existing building located on the sia-e and to i. tall and use five, twelve-foot antennas (the size f fishi g rods) on the top floor of the building for the purpose o offering to the public mobile cellular telephone se-vi e. f -2- 3 Y. R 1. S r M II. INFORMATIONAL MATERIALS Booklets containing informational materials are available to I Board members to assist them in their deliberations on the application. F , r III. NYNEX REPRESENTATIVES s Representatives of NYNEX are available to answer any questions from Board members. The representatives are : S. J. Ajeeb, Director of Real Estate, and John Casamassina, General Manager-Network Design. IV. FACTUAL BACKGROUND As of January 1, 1984, American Telephone and/egraphCompany divested itself of seven regional teiephon New York Telephone Company and New England /Telene Company combined into one, multi-regional company ta wide spectrum of commu ications services to resif the New England the the Mid Atlantic States. ThNYNEX Corporation is New , the parent of crew Yo k Telephone and crew 7F, England Telephone. elephone. NYNEX has formed a new subsidiar =, NYNEX Mobile Communica- tions Company (the applicant) to pro ide a variety of portable communications services ith the s ze quality the public expects from any Bell phone. The service NYNEX is o fer' g to the public is a mobile telephone system in the Boston Metropolitan Area. (See Exhibit 2 for the designation of this Area) . There are approximately -3- ninety major metropolitan areas designated. nationwide . Authority for NYNEX to offer the service in this area stems from a decision of the Federal Communications Commission. The Massachusetts Department of Public Utilities has issued a Certificate of Public Convenience and Necessity f r the. construction of a cellular mobile communications ystem in the Boston Metropolitan Area. (See Exhibit 3) . V. THE CELLULAR MOBILE COMMUNICATIONS SYSTEM Prior to the authorization by the FCC there were only seven I} radio channels available for mobile commu ications in the Greater 1 Boston area. This meant that only seven individuals could use, ? f at any one time, the entire system. Mo orists would wait anywhere from fifteen minutes to one-h if hour to be able to obtain a line. There were thousands df individuals on the mob4.le teleph nes . When this systema was waiting list to obtain in use, a single, large antenna was sed for the entire area. FCC approval inaugurates a new system. The system does not use a single transmitter. Instead, it divides a metropolitan area into "cells" or smaller areas with each cell covering only a few square mile\its h cell has its own small, low-powered antenna capabledling hundr ds of telephone conversations at once, each own privat line. As the motorist leav cell, the- motorist frees up the line in that cell and will, by computer, automatically be transferred to the next cell into which the motorist is driving. a a . -4- Cellular technology ushers in a new era of personal E communications with voice clarity, convenience and reliability. The applicants emphasize the safety of the system. It will 4 be run on less than 100 watts . most residences accommodate in ' excess of this wattage, and most recently constructed or renovated residences accommodate 200 watts . There will be no interference with radio, television or household appliances . VI. THE NORTH ANDOVER INSTALLATION There presently exists a multi-story towe on the site. The proposed installation is minimal : 1. Installation of equipment in an - rea of twenty feet by twenty feet on the fifth floor of the b ilding. The equipment, after installation, will not require he presence of any personnel . If there is any probleir with the equip►-itent, automatic signals will send notice to the c ntral site and repair personnel will come to clear up the probl n. Regular on-site inspection will take place. 2 . Installati n of fiv antennas on the roof of the building. They will be twe ve feet in height, no thicker than a fishing rod, and wil prac'_ically be invisible . This will be the xt nt of the installation. R L pk l { -5- tE F Q' VII. NORTH ANDOVER SITE r NYNEX has not seen a better site than the one in U th E f k Andover. its height is such as to require only the v ry small r antennas described above . i i There will be fourteen sites in the Boston -tropolitan Area. The other thirteen sites are: Boston, toneham, Saugus, i Braintree, Weston, Wilmington, Arington, Bev rly, Ashland, i Bedford, Dover, Canton and Medway. The Mo ile Telephone Switching Office located in Boston has a ready received all municipal and federal approvals and ha already been constructed. Light other sites have received simi ar approvals. Other municipalities have not only given zoning approval for the installa ion of equipment an antennas but have allowed -them to be installe on municipal s tes : 1. Braint ee. The Sch of Committee leased to NYNEX a site on school property. 2 . Beverly. Approv 1 for installation on top of the municipal watch toyer. 3 . Dover. Approval for installation in the municipal yard. 4 . PDC. Approval for installation in the MDC Reservation on the Fellsway in Stoneham. t ' r i r 4 -6- VIII. LEGAL ASPECTS OF APPLICATION i The site in question was the subject of a decision of the 6 Board of Appeals dated February 20, 1957 , in which the Board granted authority for the construction and use of radar towers to a height in excess of that permitted by the then-existing Zoning Bylaw. The site was the subject of a Board decision datgd February 17, 1982 , not relevant to this applicatiow before the Board. The site was the subject of a Board de sion dated July 23, 1982. In that decision, the Board grante a Special Permit so that aspects of the original 1957 varia- ce could be changed in a minimal manner. Specifically, there ould be an antenna and transmitting dishes not to exceed total heightE of one hundred forty feet. These "minimal chan s would extend the rights already granted by the variance . . " The site wa the subject of a Board decision on February 21, 1984, in which it granted a pecial Permit for the establishment of the New Englan dews E hange site for Channel 7 and the Lawrence Eagle-Triune . The Special Permit was determined to be a reasonable extension of the original grant of authority by the Board. -7- The Board has the authority to grant to the applicants a Special Permit under the provisions of the Zoning Bylaw. See i sections 9 .1, 9 .2 , 10 .22, 10.31 . The Board has already i acknowledged such authority in its 1982 and 1984 decisions when it granted Special Permits. This application requests only a minimal extension of the use already permitted. With the exception of the almost invisible antennas, all of the equipment will be installed in a small portion of one floor of the existing bui.Ading. The use will cause no inconvenience, disturban/or ... 'nterference with neighbors, the district or the communirge. The use will serve the public conand welfare. dYNBX is a highly reputable corporation that has the interests of the public in mind when offering n -w services . The minimal extension will of be substantially more detrimental than the existing on-conforming use to the neighborhood. See Section 9J1 . The provisions containu in Section 9 .2 are satisfied: 1. The charge can be approved by Special Permit. 2 . The chaVe /be on the same lot. 3. The chavirtually be all interior use and will not require cons exceeding twenty-five percent . 4 . The ecofe of the use will not be extended, since the building exiwill not be substantially changed. P k k Reference is made to the conditions set out in Section 10 .31 for the approval of a Special Permit. it is submitted that all the conditions are met: z 5 a) The site is an appropriate location for the use. The s height of Boston Hill is perfect for ins allation of cellular 3 i 7. mobile equipment. b) The use will not adversely fect the neighborhood. R There will be no interference with adio, television or household appliances . It is a safe locati and outside installation will t t consist only of five, small, p ctically invisible antennas. The E rest will be in the interior f an existing building. 7 c) There will be no n i.sance or serious h--zard to vehicles or pedestrians . This is off-street location where there are no pedestrians . There i no traffic and the only vehicles will be fo repair purposes. d There will b adequate and appropriate facilities for the pr er operatio of the use. The building already exists and there ' ll be no o tside extensions except for the antennas. NYNE: a sures th non-hazardous nature of the use. e) The u e is in harmony with the general purpose and intent of e Zoning Bylaw. On two occasions, in its 1957 and 1984 decisions, the Board has already made such a finding in permitting the use of radar and transmitting devices. The Bylaw has been interpreted as such. The integrity of the Bylaw shall be preserved by the granting of a Special Permit. t _9_ F r F } p IX. CONCLUSION The applicants request that this. Memorandum and the submitted booklet be made a part of there o' on this p application. { Based on the information submitt in this Memorandum, in the booklet and as presented at .th hearing, the applicants t respectfully request that the Bo rd make the required findings as A k set forth in Sections 9 .1, 9 . 10 .22 and 10 . 31 and grant the Special Permit. NYNEX MOBILE CO14MUNICATIONS COMPANY and BENJAMIN FAMNUM Applicants By: . lifiord .glias Their Attorney