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HomeMy WebLinkAboutMiscellaneous - 5 Boston Street (5) C� 9 Applieatios am ice++ y" Hcwft w cc O OCAAM awmc O O CAt � l �cb 13 05 ROBINSON & COLELLP Law Offices One Boston Place Boston, MA 02108-4404 Phone (617) 557-5959 Fax (617) 557-5999 MICHAEL S. GIAIMO mgiaimo@rc.com www.rc.com S1Cs�aIwo Core u-- � A o�lo�- wo 'Y �^i'►��a: M0OQC" Gom 1 PH WINNAMMAAppReadon Form � 5 8 0.51 v N� )07C, r l T- V 4 ►3�i4 < JA y 1� 01- 1,3 - 05 ROBINSON & COLELLP Law Offices One Boston Place Boston, MA 02108-4404 Phone (617) 557-5959 Fax (617) 557-5999 MICHAEL S. GIAIMO mgiaimo@rc.com www.rc.com i �J V N s )07C, F i� � r I� I' i No.: n4-1� Date NORTH "`° TOWN OF NORTH ANDOVER A BUILDING DEPARTMENT ♦Co9go p` ��^� Building/Frame Permit Fee $ �9SSACHUS��� Foundation Permit Fee $ Other Permit Fee $7 176 0- V-g W F=B�� 6� �. ZBA 228 N Date ...):n.� "' .� . OF p►OR7/r,� ? ` ° TOWN OF NORTH ANDOVER O�• Op RECEIPT SS 4CHUSE This certifies that .................................... has paid #-.9.!.00..C:-...(. for ��. ...- ... .,.h�..... ...... F'..I1...................�- 33 - Received by... c.A6",,"nf. "?................................................... Department.....�4.S.A...................................................................... WHITE: Applicant CANARY:Department PINK:Treasurer .... 1, Town of North Andover Town Clerk Time stamp Community Development and Services Division Office of thin Appeals RECEIVED e Zoning Board of Pp 'O'�f�� C+-ERK'S OFFICE 400 Osgood Street Raymond Santilli, North Andover,Massachusetts 01845 2005 SEP 27 py 4• $ Interim Community Telephone (978)688-9541 Development Director Fax (978)688-9542 TQWN OFMASSAC UVER S ET Any appeal shall be filed within Notice of Decision (20)days after the date of filing Year 2005 of this notice in the office of the Town Clerk,per Mass. Gen. L. ch. 40A, §17 Property at: 5 Boston Street(Boston Hill,M107.0 P11) NAME: Bell Atlantic Mobile of Massachusetts HEARING(S): December 14,2004 Corporation,Ltd.,d/b/a Verizon Wireless, &September 13,2005 400 Friberg Parkway,Westborough,MA 01581 ADDRESS: for premises at: 5 Boston Street(Boston Hill, PETITION: 2004-032 M107.0 P11) North Andover,MA 01845 TYPING DATE: September 21,2005 The North Andover Board of Appeals held a public hearing at its regular meeting on Tuesday, September 13, 2005 at 7:30 PM in the Town Hall top floor meeting room, 120 Main Street,North Andover,Massachusetts upon the application of Bell Atlantic Mobile of Massachusetts Corporation,Ltd.,d/b/a Verizon Wireless, 400 Friberg Parkway, Westborough,MA 01581,for premises at: 5 Boston Street(Boston Hill,M107.0 P11), North Andover requesting a Special Permit from Section 9 and Paragraphs 9.1 and 9.2 of the Zoning Bylaw in order to mount additional equipment to an existing wireless communications facility;and for a Finding under Section 10,Paragraph 10.4 as party aggrieved of the Building Inspector's denial of a building permit for the additional equipment. Said premise affected is property with frontage on the Northwest side of Boston Street within the VR zoning district. Legal notices were sent to all abutters and published in the Lawrence Eagle- Tribune on November 29&December 6,2004. The hearing was opened and the applicant presented evidence at the December 14,2005 meeting. The applicant requested to be continued to the September 13,2005 meeting. The following voting members were present: Ellen P.McIntyre,Richard J.Byers,Albert P.Manzi,III,David R. Webster, and Thomas D. Ippolito. The following non-voting member was present: Daniel S.Braese. Upon a motion by Albert P.Manzi,III,and 2nd by Daniel S.Braese,the Board voted to GRANT the applicant's letter of September 12, 2005 requesting that the Finding and Special Permit petitions be WITHDRAWN WITHOUT PREJUDICE. Voting in favor:Ellen P.McIntyre,Richard J. Byers,Albert P. Manzi,III,David R- Webster,and Thomas D. Ippolito. Town of North Andover Board of Appeals, &U., Ellen P.McIntyre, hair Decision2004-032. M107.CP11. Board of Appeals 978-688-9541 Building 978-688-9545 Conservation 978-688-9530 Health 978-688-9540 Planning 978-688-9535 v Town of North Andover a°R*F/ Office of the Zoning Board of Appeals Community Development and Services Division 400 Osgood Street North Andover,Massachusetts 01845 1Js�causE� D.Robert Nicetta Building Commissioner Telephone(978)688-9541 Fax (978)688-9542 Legal Notice North Andover, Board of Appeals Notice is hereby given that the Board of Appeals will hold a public hearing at the Senior Center, 120R Main Street,North Andover, MA on Tuesday the 14th of December, 2004 at 7:30 PM to all parties interested in the appeal of Bell Atlantic Mobile of Massachusetts Corporation,Ltd.,d/b/a Verizon Wireless,400 Friberg Parkway, Westborough, MA 01581, for remises at: 5 Boston Street,North Andover requesting a Special Permit from Section 9 and Paragraphs 9.1 and 9.2 in order to mount additional equipment to an existing wireless communications facility; and for a Finding under Section 10,Paragraph 10.4 as party aggrieved of the Building Inspector's denial of a building permit for the additional equipment. Said premises affected is property with frontage on the Northwest side of Boston Street within the VR zoning district. Plans are available for review at the office of the Building Department, 400 Osgood Street,North Andover, MA Monday through Friday from the hours of 8:30 to 4:30PM By order of the Board of Appea&,� Ellen P. McIntyre, Chair `z CDrror. Published in the Eagle Tribune on November 29&December 6, 2004. s? w Legalnotice 2004-032. _ m .A5raZAW� <a�oA m3aW0.co* 3mmazo=cnDScnvc�<voo�.�ogcnns !� M107CP11. -gymm�o 70Hv w� m a m m 3 30fD ooDm wv'm�.ZgOqZ vo 5--(D 80 x .f o`-'o�cn3c°N-w oo.m m oDOrM �c8 po»N 0, a3 �o_n vio w< r,;m�o my°0=��ln cpm Z� c�wo 9 Z��m a.� 0c>>9om m(�:"-m? �O m3m-� oy��o Oa �m o�° X40 °� �>m m vaso�°iva� o�m m '025-60-90 3 c m 0*- ,r a !� o�<oOmma _ m = (00 ma m�mm3 - Ss' y0 r 3000 m°a�omv,� m mcj0',cc �.cmM� o�N..D �we� mma=o+� ra C7 3 iaa� m 3; m a_av 0�.m10 (D go+�m eo a�o >M a° �p� 0 m3�m 01# co �w �°i ° m om- 3pfD,c OW�nXa '0(D mm�� inn° D �mm°m 0a0 o�0_�� .7�'�3o�3�Z_o°�°�°DCA o�'~'omo�m�vam. mm � mg$q !a0005Z EpID(D mm��� �3 �0� oc °�N�?oS�m py,�m0.g m M A Hco 037- _ m m ma �aima a o (2N m7-0 ^'om7o�mdg��°0°0 M Board of Appeals 978-688-9541 Building 978-688-9545 Conservation 978-688-9530 Health 978-688-9540 Planning 978-688-9535 sent by: MUHIHA CULLINA; 781 933 1530; Jul-15-02 4:33; Page 1 'MURTHA CULL1NA 6W UNICOW PARK DRIVE RoCHE CARENS & DEGIACOMO wOsURN,MASSAC:UUSMSOIFOL-3343 A L I M i T E O 1 1 A r I L I T T P A R N E H N I P Z'LLUmONE•(781)933-5505 PAL:xJMIIX (781)913-1530 WWW.JIIOTthalaw.wa, July 15, 2002 BY CERTIFIED MAIL AND TELE,COPY: (978)688-9542 Attn: William J. Sullivan, Chainnan Mitch,Board of Appeals Secretary Zoning Board of Appeals Municipal Building 27 Charles Street North Andover,MA 01845 RE: Application for a Finding(5 Boston Street,North And wer,MA) Dear Chairman and Mitch: After reviewing the July 2, 2002 application, G. L. c. 40A. §15 and supporting case law, please be advised that I will cause publication and notice to the abutters for the August 13,2002 Bc and of Appeals meeting. You have brought to my attention that the Board has requested that I withdraw the subject Application without prejudice. 1 contend that such a withdrawal may be appropriate in a situation concerning a valiance or special permit, not an appeal of a building commissioner's decision. Pursuant to G. L. c.40A, §15,an appeal to the Board of Appeals concerning a decision of a zoning administrator has to have been taken within thirty (30) days of the administrator's action. Such an appeal was timely made. The Board of Appeals is required to hold a public hearing on the application within sixty-five(615)days from the receipt of application. I caused the subject application to be filed with the Town Clerk f E D Appeals on June 13, 2002. Consequently,the Sua rd has until August 17, JUL 15 2002 C BUILDING DEPT. J lJ�. 1 � 20b2 'I' �if N t I A R I' 1; O R D N E W It A v E N W 0 B U R N BOARD OF APPEALS Sent By: MURTHA CULLINA; 781 933 1530; Jul-15-02 4:34; Page 2 MURTHA CU1.LINA ROCHE CARENS & DEGIACOMO Zoning Board of Appeais Page Two July 15, 2002 the public healing. Such a hearing may be continued if necessary after opening. The. Board meets on August 13, 2002 at which time this matter has already been scheduled. My actions in causing notice and publication to go forward rather than withdrawing without prejudice and re-applying is consistent with the ruling of Elio v.Zoning board of Appeals of Barnstable, App.Ct. Docket No.00•P-1860(July 11,2002). If you have any questions concerning the above, please contact mgA)r have Town Counsel call me at(781)933-5505- I thank you for your kind courtesies concerning thi r.rrxatter 1Very truly v Fr A. D una NADlmjf Sent By: MURTHA CULLINA; 781 933 1530; Jul-15-02 4:34; Page 3 r 416%,Search Result �. v NOTICE:The slip opinions and orders posted ori this Website are subiect to formal revision and are superseded by the advance sheets and bound volumes of the Official Reports.This preliminary material will be removed from the Website once the advance sheets of the Official Reports are published.if you find a typographical error or other formal error,please notify the Reporter of Decisions,Supreme Judicial Court,Room 1407,Boston, MA 02108;(617)557-1030; clifforo.allen @ sjc.state:ma.us Anthony ELIO, trustee, [FN I] vs. 'ZONING BOARD OF APPEALS OF BARNSTABLE& another[FN2j (and a companion case [FN3]). No.00-P-1860. May 14,2002- -July 11,2002. Present_Cypher,Mason,&Katker,JJ. Zoning. Board of appeals: jurisdiction, Appeal to board of appeals, Building inspector,Enforcement. Civil actions commenced in the land Court Department on June 18, 1999. The cases were heard by Leon J. Lombardi, J.,on motions for summary judgment. Ruth J. Weil, First Assistant Town Attorney,for Zoning Board of Appeals of Barnstable. Jef fey P. Allen for Anthony Elio. MASON,J. The defendants,the zoning board of appeals of the town of Barnstable(board),Mary M.Crowley and Elisabeth Eaton Clark, appeal from a Land Court judge's grant of summary_judgment annulling for lack of jurisdiction two separate decisions of the board.The first decision,on an appeal by Crowley, had ordered revocation of a building permit authorizing the plaintiff,Anthony Elio,acting as trustee of the Osterville Village Realty Trust(trust), to make certain renovations to a building he owned in Barnstable.The second decision had granted a separate request by Clark for enforcement of the zoning ordinance with respect to the renovations. The judge ruled that the board lacked jurisdiction over the Crowley appeal because she had not filed the appeal within thirty days of the issuance of the building permit, as required by G.L.c-40A, § 15. The judge further ruled that the board lacked jurisdiction over the Clark appeal because the building commissioner had not made any written response denying her enforcement request,as required by G.L. c. 40A, § 7.We agree with both these rulings and therefore affirm the judgment. Background. On November 4, 1998,the Barnstable building commissioner(commissioner)issued a permit authorizing certain renovations to a building owned by the plaintiff and located on Main Street in Barnstable.During the course of work under the permit,however,the commissioner received a complaint that the renovations underway exceeded the work;.authorized under the permit.The commissioner and the plaintiff agreed to an amendment of the permit in January of 1999.Rather than satisfying the complaining neighbors,however,the amendment prompted further complaints that the proposed work violated the Barnstable zoning ordinance(ordinance).The commissioner issued a stop work order pending his investigation of the complaints,but the commissioner"reinstated" the permit 1FN4]by letter to the plaintiff dated January 19, 1999.More complaints from abutting landowners followed:by letter dated January 21, 1999,the defendant Clark complained to the commissioner that she believed the proposed construction did not conform to the ordinance,and an attorney for the defendant Crowley sent a tetter,dated January 25, 1999,stating that the plans on file at the commissioner's office were "inaccurate and incorrect," and requesting that the building permit "be http://weblir)ks.westlaw.com/Find/Default_F.wl?DB=MA%2DORSLIP&DOLOCATE=La... 7/12/2002 Sent By: MURTHA CULLINA; 781 933 1530; Jul-15-02 4:34; Page 4/8 — r ar,%, a.,. .. Search Result terminated until true, accurate and complete plans are submitted...." The commissioner met with Clark, and advised her that she should file an appeal with the hoard if she disagreed with his decision to reinstate the permit.The commissioner then assisted Clark in completing the appeal application form.Clark filed the completed form(which described her appeal as an "enforcement action," bussed on her charge that current construction is in violation of parking and story requirements")with the board on January 26, 1999. On February 17, 1999,an attorney representing Crowley filed an appeal with the board. Crowley's appeal sought"Revocation of Building Permit#34521"; "complience [sic]w/MGL Chapt 148 Sec 38A&CMR 9.00";and"complience [sic] w/MGL Chapt 21E 310 CMR 40.000." [FN5] The board convened a hearing on both the Clark and Crowley applications on March 24, 1999, and continued the hearing on two successive occasions.The plaintiff challenged both appeals on the same jurisdictional grounds asserted here,but the board rejected the plaintiff's jurisdictional challenges and issued separate decisions revoking the permit and directing the commissioner to enforce the two separate actions Land Court to o ordinance.The plaintiff appealed the board's decisions to the L P which were treated together in the grant of summary judgment described above. Discussion. We review the judge's award of summary judgment to determine whether he correctly decided that, viewing the evidence in the tight most favorable to the nonmoving party,all material facts[had] been established and the moving party [was]entitled to a judgment as a matter of law." Augar, Inc. v.Liberty Mut. Ins. Co., 410 Mass. 117, 120(1991). 1.Annulment of the Crowley decision. As G.L. c. 40A, § 8,inserted by St.1975,c-808, § 3,provides, "An appeal to the permit granting authority as the zoning ordinance or by- law may provide,may be taken by ... any person ... aggrieved by an order or decision of the inspector of buildings,or other administrative official, in violation of any provision of this chapter or any ordinance or by-law adopted thereunder." This section permits appeals from the issuance of a building permit. See Lanner v. Board of Appeal of Tewksbury, 348 Mass. 220,221-223 (1964)(construing similar language contained in prior version of G.L.c.40A). See also Neuhaus v.Building Inspector of Marlborough, 11 Mass.App.Ct. 230,232-233 (1981). However, § 15 of c. 40A provides that"[alny appeal under section eight to a permit granting authority shall be taken within thirty days from the date of the order or decision which is being appealed-" Any appeal from the issuance of a building permit therefore must be brought within thirty days of the date of such issuance. See Kolodny v. Board of Appeals of Brookline, 346 Mass. 285, 288 (1963); Greeley v. Zoning 8d. vfAppeals of Framingham, 350 Mass. 549,552(1966). In addition to the foregoing right of direct appeal from a building permit or other order of an officer charged with enforcement of a zoning ordinance, the statute provides that,irrespective of the existence of any such permit or order,a person may make a written request to the officer to enforce the zoning ordinance and then,if that request is denied in writing,may appeal the denial to the board within the time prescribed by § 15. See G.L. c. 40A, §$7, 8.More specifically, §7 provides that an appropriate officer or board "shall be charged with the enforcement of the zoning ordinance or by-law and shall withhold a permit for the ... alteration ...of any building ... if the building ... as ... altered ... would be in violation of any zoning ordinance or by-law." Section 7,as amended by St-1986,c. 557, 55, further provides that "If the officer or board charged with enforcement of zoning ordinances or by-laws is requested in http://weblinks.westlaw.com/Find/Default_F.wl`?DB=MA%?DORSI.IP&DOLOCATE=Lo".-. 7/12/2002 Sent By: MURTHA CULLINA; 781 933 1530; Jul-15-02 4:35; Page 5/8 Search Result writing to enforce such ordinances or by-laws against any per..gon allegedly in violation of the same and such officer or board declines to act,he shall notify,in writing,the party requesting such enforcement of any action or refusal to act,and the reasons therefor, within fourteen days of receipt of such request_" Section 8,in turn,provides that an appeal to the permit granting authority may be taken"by any person aggrieved by reason of his inability to obtain a permit or enforcement action ..."(emphasis added). As the court recognized in Brady v. Board of Appeals of Westport, 348 Mass. 515,519-520(1965), such an alternative remedy is necessary because persons aggrieved by the issuance of a building permit or other order may not even know of the permit or order until the appeal period has expired. (FN6]This is because no notice of the permit or order to interested third persons is required. In the present case,Crowley did not appeal from the commissioner's issuance of the building permit until after the thirty-day appeal period had expired.Nor diel she make any written request to the commissioner for enforcement of the zoning ordinance.To the contrary,in her letter to the commissioner dated January 25, 1999,Crowley complained gnly that the plans pertaining to the renovations that were on file at the commissioner's office were"inaccurate and incorrect." She did not allege that the renovations themselves failed.to comply with any provision of the zoning ordinance or request enforcement of any such provision. The defendants nevertheless contend that the board had jurisdiction over Crowley's appeal because Crowley in fact was appealing from the commissioner's reinstatement of the building permit on January 19, 1999,rather than the commissioner's earlier grant of the permit on November 4, 1998, and hence,the appeal was timely because it was filed with the board on February 17, 1999,which was within thirty days of January 19.The defendants point particularly to the fact that,whereas the commissioner stated at the time he was reinstating the permit that"I have determined that you have a grandfathered right to one apartment" and also placed certain conditions on the use of an access to the building's attic and dormer,Crowley's appeal stated that the permit should be revoked because there was no prior use of the building as an apartment and the building's configuration failed to comply with other provisions of the zoning ordinance. In fact,Crowley's appeal stated in its main body that Crowley was seeking repeal of"Building Permit #34521,"which was the original permit issued to the plaintiff_The attachment to Crowley's application further stated that Crowley was asking the board to "(r]evoke Building Permit#34521 dated 11-4-98."The appeal nowhere stated that it was asking the board to revoke the commissioner's reinstatement letter of January 19, 1999,rather than the original permit. We therefore agree with the judge that Crowley's appeal was from the initial grant of the.permit on November 4, 1998,rather than from the reinstatement of the permit on January 19, 1999. See and compare DiGiovanni v. Board of Appeals of Roclpnrr, 19 Mass.App.Ct. 339, 345 (1985)("boards cannot grant unrequested relief`). We accordingly conclude that the judge properly annulled the Crowley decision because the appeal was not brought within the thirty-day period mandated by G.L.c.40A, § 15. 2.Annulment of the Clark decision. As set forth above,G.L;e.40A, §7,provides that if the officer charged with enforcing the zoning ordinance or by- law declines to act on an enforcement request,he shall "notify, in writing, the party requesting such enforcen ent of any action or refusal to act,and the reasons therefor, within fourteen days of receipt of such request" (emphasis added). In Vokes v_Avery W. Lovell. Inc., 18 Mass.App.Ct.471,475-480(1984), this court hold that,under§ 7,a written decision from a building inspector was the operative event for purposes of an aggrieved person's right http://weblinks_westlaw.cotn/Find/Default_F.wl?DB=MA%a DORSLIP&DOLOCATE=La... 7/12/2002 Sent By: MURTHA CULLINA; 781 933 1530; Jul-15-02 4:36; Page 6/8 Search Result 1 as..�v. - Of appeal and, hence, those rights would not expire until thirty;days after the inspector had rendered such a written decision even when the inspector did not in fact do so until after the fourteen-day response period set forth in § 7 had expired. In reaching this result in Voke.s, we noted that "[s]cction 7 is unambiguous in requiring a response'in writing' with 'the reasons therefor'when a building inspector'declines to act'on a request for enforcement." Id. at 477. We further noted that there was no indication in either § 7 or§ 8 that "a building inspector's failure to respond within fourteen days toan enforcement request is to be deemed a constructive denial of the request for purposes of setting in [notion the thirty-day appeal period provided by § 15." Id. at 477-478. We then stated the following: "in some cases... a building inspector may not be able to act on a request within fourteen days for legitimate reasons,such as (for example)the inspector's nee4to obtain further information from the complaining parties to clarify the nature of the complaint or his need to consult with other municipal boards or officers having an interest in the matter. In our view,the fourteen day requirement in § 7 'relates only to the time of performance of a duty by a public'officer and does not go to the essence of the thing to be done';therefore it is directory and not mandatory.We conclude that the date on which a zoning enforcement officer responds in writing to a § 7 request for enforcement creates the appealable decision contemplated by § 8 and becomes the date for measuring the thirty-day appeal period set forth in § 15." Id at 479. (Citations and footnotes omitted.) In the present case,the commissioner did not provide any written denial of Clark's enforcement request,stating the reasons for such denial. Rather, he merely advisd Clark to pursue an appeal and helped her fill out a form purporting to do so.There was therefore no appealable decision as contemplated by § 8. Nevertheless,citing Hogan v. Hayes, 19 Mass.App.Ct. 399,:402-403(198.5),and Worcester County Christian Communications, Inc. v. Board of Appeals of Spencer, 22 Mass.App.Ct. 83,84-86(1986), the defendants contend that the absence of a written denial of Clark's enforcement request should have been excused in this case because the commissioner submitted an affidavit in which he stated that he believed that his letter of January 19, 1999,constituted a written denial of the neighbors'enforcement requests,and because the plaintiff failed to show that he had suffered any prejudice from the commissioner's failure to provide any other writing.As the judge explicitly recognized,however,the commissioner's letter of January 19, 1999,was written before Clark's January 26. 1999,written enforcement request,not after she had made such a request.The January 19, 1999,letter therefore could not have constituted a written denial of Clark's enforcement request. Moreover,we did not hold in either of the decisions cited by the defendants that a building commissioner or a board could render inapplicable the plain requirements of§7 merely by misconstruing them in the manner occurring in this case.Rather,we held only that the absence of a written response from the building inspector was a defect that could be waived if it was not timely raised or objected to. See Hogan v. Hayes, supra at 402-403; Worcester County Christian Communications, Inc. v. Board of Appeals of Spencer, supra at 85-86.Here,however,counsel for the plaintiff did assert before the board in a timely manner thatahere was no case properly before the board due to the commissioners failure to render any written decision denying any written enforcement request.There was therefore no waiver of the.§ 7 requirements. In view of these circumstances, we could not hold that the board had power to entertain the Clark appeal without ignoring the plain requirements of§ 7. We have no power to reach such a result even http://weblinks.westl aw.com/Find/Default_F.wl?DB=MA%.2DORSLIP&DOI-OCATE=iro... 7/12/2002 _Sent By: MURTHA CULLINA; 781 933 1530; Jul-15-02 4:37; Page 718 a ag.._ v• . search Result if we were inclined to do so. See 1z4PT Ltd. Partnership v. Karin, 431 Mass. 601,603 (2000)(court cannot ignore statute's plain words). In fact, unlike its predecessor,G.L. c.40A, as amended by the Zoning Act of 1975,St.1975,c. 808, 3, is a "comprehensive statutory scheme." Land Council, Inc- v.[FN7]Nantucket LuPlanning Bd. of Nantucket, 5 Mass-App-Cl. 206,208-209 (1977)(construing Subdivision Control Law,G.L.c.41, §§ 81K et seq.),and cases cited. Section 7 sets up a simple administrative procedure whereby a person seeking enforcement of a local zoning ordinance or by-law against any other person allegedly violating the ordinance or by-law can make a request in writing for such enforcement to the building commissioner or other local official charged with enforcement of the ordinance or.by-law,and ordinarily will receive a written response to such request,with a statement of reasons for the response, within fourteen days. Sections 8 and 15 further provide that,if the enforcement request is denied,any person aggrieved by the denial may appeal to the local permit granting authority, so long as they do so within thirty days from the date of such written denial.We think that it would interfere with the effectiveness of this procedure,and encourage precisely the type of litigation which the procedure was designed to replace,if we were to ignore the written decision requirement even under the circumstances presented here.See Vokes v.Avery W. Lovell, Inc., 18 Mass.App•Ct. at 478&n. 10. We therefore conclude that the judge properly annulled the Clark decision due to the commissioner's failure to provide any written response to Clark's enforcement request.In reaching this result,we recognize that Clark it being penalized for having relied on the commissioner's advice to proceed with her appeal even though he had failed to provide any such written response to Clark's enforcement request.We have previously noted,however.that"those who deal with the Government are expected to know the law and may not rely.on the conduct of Government agents contrary to law_" Stadium Manor, Inc. v_ Division of Administrative Law Appeals, 23 Mass-App-Q.958,962(1987),quoting from heckler V4 Community Health Servs. of Crawford County, Inc., 467 U.S. 51,63 (1984). See Ferrante v. Board of Appeals of Northampton, 345 Mass. 15$, 163 (196 2),quoting from V.F. 7ahodiakin Engr. Corp. v. Zoning Bd of Adjustment of Summit, 8 N.J.386,396(1952)("The plaintiff landowner is presumed to have known of the invalidity ... and to have acted at his peril").We also note,as did the Land Court judge, that Clark(or Crowley)can still file an entirely new request for enforcement with the commissioner should she choose to do.so, and thereafter obtain any relief to which she is entitled under the zoning ordinance with respect to the plaintiffs building. See G.L.c. 4UA, § 7- Judgments u&nned_ FNI-Of Osterville Village Realty Trust. FN2.Mary M. Crowley. JFN3. Anthony Elio,trustee,vs. Zoning Board of Appeals of Barnstable&another. FN4. A more precise description would be that he revoked the stop work order. htip://weblin ks.westlaw.com/Find/Default,F.wl'1DB=MA�/�2DORSL1P&DOLOCATE=Lo,... 7/12/2002 Sent By: MURTHA CULLINA; 781 933 1530; Jul-15-02 4:37; Page 8/8 _. �.. sage v vi %I Search Result u FNS.The record"dues not indicate the basis on which Crowley sought cnforcetnent of G.L.c. 21E,which deals with hazardous waste, under the Toning ordinance. FN6. Prior to enactment of the new Zoning Act in 197 ,mandamus was the alternative remedy available to enforce the zoning regulations. See.Brady v. Board of Appeals of Westport, 348 Mass. at 520. See also Bobrowski, Massachusetts Land Use&Planning Law §7.2, at 264(1993). FN7.We have previously observed the importance of adhering strictly to the framework established by such a comprehensive scheme. See,e.g:,Cassani v. Planning Bd. of Hull, 1 Mass_App.Ct.451,457 (1973); Bingham v. City Council of Fitchburg, 52 Mass.App.Ct_ 566, 571 (2001). hitp:flweblinks.westlaw.com/Find/Default_F.wl?DB-MA%2DORSLIP&DOLOC ATE=La... 7/12/2002 i I �'a II ��Awa Zi rq Y \ 'a' •1.S,.•a o I� y� r - tt ti� s c:t � ��t•� y 7 A{pT, 1 22 �. North Elevation After vert on p1111W1 DEC 14 2004 D BOARD OF APPEALS J cuU4 BOARD OF APPEALS 2-� t< __..._._ � ���' ✓ �• CAF' � ti � �. — / � •ted,' a uF _. j., .. J ' r k i '� rt 1 I r { t s t _ y { > e. Ms r Y Before South Elevation After ven on DEC 14 2004 D BOARD OF APPEALS a o��'�"� 0 3 �-L .7 (Cop COOO.7.7TC P. C Town of North Andover NORTH °�4�Lto i�1ti Office of the Zoning Board of Appeals Community Development and Services Division « X 400 Osgood Street « -�.---• North Andover, Massachusetts 01845 'ssArmusE�� D. Robert N icetta l3c�itding Commissioner Telephone(978)688-9547 Fax (978)688-9542 . Date 1 L3 'Y- TO: TO: Town of North Andover Zoning Board of Appeals 400 Osgood Street r-' North Andover MA 01845 v e?L4-e.,'Gl 6,1 ..r'i.O.J.�E 0 'f,.�v C1,J WL.'isLA -C, tnFa;i.c Please be advised that I have agreed to viai*e the time constraints for the North J Andover Zoning Board of Appeals to make a decision regarding the granting of a v Variance __._ _----._.. Special Permit Compr� l��ive4ermit (40B) Finding J for property located at: STREET: ,� 3eL t MAP: Io C- PARCEL: j TOWN: �r ` - .��i�,vt' TO MEETING DATE(S): � T— NAME OF PETITIONER: t 1 A.t mob I(c J M a�sdAIC: \,/e/, w',r�G Signed: Pett o er or petition 's representative) 2, n FFi.,L peals 978-688-9541 Building 978-688-9545 Commation 978-688-9330 Health 978-698-9540 Planning 978.688-9535 JAN 4 20 5 e TO: M I c, �t?I S i G a I'YM V/ , FROM: 0 4 -2 6A DATE: -i PAGES INCLUDING v BOARD OF APPEALS THIS PAGE: `a FAX#:� � L 5�5 2g q FAX#: PHONE#: MICHAEL S.GIAIMO ROBINSON & COLELLP One Boston Place Boston,MA 02108-4404 Main(617)557-5900 Fax(617)557-5999 mgiaimo@rc.com Direct(617)557-5959 January 3, 2005 Town of North Andover Zoning Board of Appeals 400 Osgood Street North Andover, MA 01845 Re: Consent to Extend Time Constraints with Respect to Application of Verizon Wireless for Special Permit and Finding-- 5 Boston Street(Boston Hill) Dear Board Members: At your December meeting, you agreed to continue the hearing on this matter to your January 111h meeting. Unfortunately, due to another commitment, I will be unable to attend that meeting. I respectfully request that you further continue this matter to the February 8, 2005 meeting date. Please do not hesitate to contact me if you require any additional information concerning this request. Sincerely, Michael S. Giaimo cc: Amy White Law offices Stephen Russell D. Robert Nicetta, Building Commissioner BOSTON HARTFORD NEW LONDON U ILy� D STAMFORD JAN 4 - 2005 GREENWICH BOARD OF APPEALS NEW YORK SARASOTA BOST1-846640-1 www.rc.com 01/03/05 7:08 PM I i THE EAGLE-TRIBUNE Monday,January 31,2005 3 LOCAL NEWS THE EAGLE-TRIBUNE Mc Inside NORTH ANDOVER: Group vows to listen before toPhflhpsBiz North, 4 p king sides on antenna tops word t`' Editorial, 6 ■Continuedfrorrc Page 3 where children are is a key priori- phones are essentially radios,and puts out 100 watts. World/Nation 7 ty,Fournier said. they are used at extraordinary low BY DORIAN BLOCK quali ' tower on Chestnut Street for a But Martin A.Nee,a spokesman powers." STAFF WRITER dents -..� new antenna for Lingular,said the scientific and To illustrate the point,Nee said "There's widespread agreement on safety standards.And We abide Cla "The tower would expand ser- medical communities agree that a typical cell phone radiates less ANDOVER—Phillips Acade- ment vice in a lace where people can cell hone towers by those standards,"Nee slid. P P P p pose little risk to power than a baby monitor. my is one of the newest world other North Andover agree to put it up,"she said. the public's well-being. Garage door openers,televisions champions. aver: Fournier and others have argued "The important thing to keep in and car radios produce similar Fournier,whose group helped The College Board announced class that the dangers of cell phone tow- mind here is that we're talking amounts of radiation compared to block Omnipoint from installing last week that the private school hous+ ] ers are not fully understood and about radios,"he said."A lot of the cell phones,he added. an antenna atop a High Street has produced the highest scores three BUDGET BY that communities should be cau- concerns about cell phones is the As for cell phone towers,Nee smokestack last year,said she will in the world on the Advanced Gelb THE NUMBERS tious when deciding where to put conception that these things are said, a typical AM radio tower follow the Zoning Board closely. Placement physics exam. the s Tower them.Keeping the towers away new and people haven't had a might emit 1 million watts of pow- She would not say whether her Sixty-nine students who took Scien Gov.Mitt Romney's proposed fiscal year Wfrom schools and other places chance to study(them) yet. Cell er while a typical cellphone tower group would fight the plans. the Physics Mechanics C exam in at the 2006 budget. ]Ile Budget:$23.2 billion May 2004 scored an average of 4.5 my of School aid:$180 billion million boaston a 5-point scale. Bet 9foes ALPHA* Stude' ntswo.,-.,zvL,*.oweI Q : Sixty-nine students who took ment Income tax:Reducin the rate from 5.3SHOOTING Conflicting stories the Physics Electricity and Mag- equip low percent to 5 percent,saving taxpayers netism C exam scored an average "Tl effi- $225 million ■Continued from Page 3 for the program,"she said."You ■Continued franc Page 3 listed in stable condition on the of 3.9 points.A grade of 3 or above physi Surplus:$280 million have to want to be there." weekend.This morning,a hospital represents mastery of the subject, lectu fis- tottery aid:Communities would get$761 said. Several Alpha students said get to.There is more to the story spokesman said Medrano was not according to the College Board. "Witt rich Dawn Orlando-Kelley teaches than we are getting,"they want to continue their edu- g �, Romero said. a patient. Clyfe Beckwith, physics de- addec es a concem, Alpha English on Tuesdays and cation after they graduate.Curet Medrano told police that he re- Police are looking to talk to Lu- partment chairman at the a lab ion Please see METHUEN,Page 5 Thursdays.She said she has so is considering nursing school, turned home at 3 p.m.on Friday to go again,Romero said. school, said he was "awed" by here much respect for the Alpha stu- something she said would have find two Hispanic men,whom he "She didn't show up at the hospi- the "best in the world" an- the qr mtem dents because of their dedication been"impossible"a year ago. did not know,in the hall.He said tal and when we went back to the nouncement, a first for the Phi and hard work. Cintron is preparing applications one grabbed him and told him not house she was not there either," school.He also said the success list o 'They want to make it,"Orlan- for the University of Massachu- to move while the second stepped he said. of the school, consistently have as do Kelley said."They want setts Lowell and Northern Essex back and shot him in the hand. Romero said Medrano and Lugo named No.l in the state,and its ence something better for them- Community College,and is sav- Then,they fled,he said. were interviewed separatedly and physics department is no acci- Char] BY DAvIN WILFRID selves." ing to buy a house in Methuen. He banged on his apartment gave conflicting stories about who dent. in ast STAFF WRITER Obshatkin said the school de- door and told his wife,Candida Lu- he was and what happened Friday. The physics department is led who 1 tided to start the program last A few Alpha students said they " P �' go,to call 911,he said. No charges have been filed but by eight veteran faculty mem- stitut NORTH ANDOVER—Proposals to add antennas to fall after it was"slammed"by a MISS some aspects of day-school Medrano was taken to Lawrence the investigation is continuing, bers. Many hold advanced de- vents two cell phone towers in town have caught the atten- high dropout rate.She was able life,especially the opportunity to General Hospital,where he was Romero said tion of some residents,including a group that success- to obtain about$24,000 for the Participate in after-school clubs grees;two have doctorates.They and d fully prevented a similar device from being installed program and hopes to get more and sports.But they agree the Al- teach 11 different physics tours- Work ha Program is better for them downtown last fall. money to bring in a job coach P � es including classical mechanics, nucle' "I'm just showing concern and being aware and and a counselor. than the day-school routine. cosmology,physical geology,me- and c The program • teorology,electronics,relativity Kenr, mindful of where these things are going up,"said Thea P >�is ideal for ter- "Am I missing out on the high METHUEN. Reacts to budget and quantum mechanics. and E H.Fournier,president of the North Andover Rights of tain students,but is not for school experience?No I m not. g = Many students who take the Lymo Citizens,an activist group that has fought against new everyone,the vice principal said. This" ei high school experi- ■Continued from Page 3 Romney proposed last week—a courses are learning at a college the fu cell towers. "You have to have a passion ence,"Keizl said. spending plan that must be ap- level in 10th and 11th grade,having lite ay Fournier said she plans to attend the Zoning Board's spending. proved by the state Legislature. come to the high school with more develr meeting Feb.8 to hear details of plans to put additional Romney said that much of the Thirty-eight percent of Methuen's than the prerequisite calculus,biol- Telese antennas on cell phone towers at 300 Chestnut St.and school aid increases will go to urban $104.7 million budget comes from the ogy and chemistry experience. Arca on top of Boston Hill.But Fournier insists she won't op BOTTLE: Backers have hope a>stncts,while suburban cities like state.It might be better for the state "First are the students them- may +' pose the new antennas,which some people claim emit Methuen could be disappointed. to boost aid rather than lower the tax selves,"Beckwith said."Our pro- (9 78) radiation that harms public health.Instead,she'll be ■Continued from Page 3 "1 understand what he's doing, to 5 percent,which could save tax- gram attracts extremely well- dbloci there to listen. BOTTLE LAW BASICS but as a local official I think that payers$225 million,Manzi said. "I'm concerned that the cumulative radiation(from some in the beverage industry. the state needs to fix their own On property taxes,a rate based adding new antennas)would be too much,"she said. The Grocery Manufacturers of Rep.Douglas Petersen,D-Marble- structural deficit,"said Manzi, a on the value of a resident's home is But,Fournier added,"I go into these very open,just to America, a Washington-based head,is looking to broaden the four-term city councilor."I'm con- inconsistent,Manzi said.One year see exactlywhere they're planning for it." trade association, which in the cerned about local aid being what the value can o u a fraction of a - Y P g state's bottle law to include other g P Selectmen Chairwoman RosemaryC.Smedile said past has taken a leading role in it should be." percent,and the next year see a common beverage containers. companies sign leases with the town that can bring in trying to defeat the bill,did not Now requiring a deposit Manzi is the only candidate who huge increase in value based on thousands of dollars in revenue each year,and that return phone calls seeking com- has announced a run for mayor. such simple things as a neighbor Cingular approached North Andover about using the ment. But when a similar mea Bottles and cans containing:beer, The preliminary election is Sept.20, building a garage,Manzi said `- sure was being considered by the malt liquor,soda pop,mineral water Legislature in 2003 the group's No deposit'required with the final polling date Nov.8 Sometimes its a pretty crazy Please see NORTH ANDOVER,Page 5 P Containers for wine,dairy If Manzi is elected,he would run way to collect taxes for services," — director of state relations said it ry products, the city under the budget that Manzi said _ was a "costly and inefficient natural fruit juices,hard liquor,and means of recycling„and jeopar- bottles holding more than 2 gallons S dizes progress made by curbside Source:Massachusetts Department ■ :nt rnrn nr ����rQ rarvrlina nrnarama . _.�_..:-----•- • • - T.SCTTt SCIAI� rn> to►>ro +rnit ' ROBINSON & COLE LLP MICHAEL S.GIAIMO One Boston Place Boston,MA 02108-4404 Main(617) 557-5900 Fax(617)557-5999 mgiaimo@rc.com Direct(617)557-5959 February 2, 2005 Town of North Andover Zoning Board of Appeals 400 Osgood Street North Andover, MA 01845 Re: Consent to Extend Time Constraints with Respect to Application of Verizon Wireless for Special Permit and Finding—5 Boston Street (Boston Hill) Dear Board Members: This is to request(without in anyway waiving my client's rights concerning this matter) that you further continue this matter to the May 12, 2005 meeting date. I do expect that this continuation should allow time for us to commence and complete proceedings before the Planning Board, as the Board requested when I was last before you in December. Please do not hesitate to contact me if you require any additional information concerning this request. Sincerely, Michael S. Giaimo cc: Amy White Law Offices Stephen Russell D. Robert Nicetta, Building Commissioner BOSTON HARTFORD NEW LONDON nD STAMFORD FEB 3 - 2005 GREENWICH NEW YORK BOARD OF APPEALS SARASOTA www.rc.com BOSTI-846640-1 ,: 59p NORTH RHDOVER 9786889542 p. 2 OFFTwn oof North Andover Office of the Zoning Board of Appeals Commiinity Development and Services Division w 400 Osgood Street North Andover,Massachusetts 01845` �'�' • ' ��' D. Robert N icetta Building Commissioner Telephone(978)688-9541 Fax (978)688-9542 Date :2• t• 0 r _, ^�C)n TO: Town of North Andover '= Zoning Board of Appeals . 400 Osgood Street North Andover MA 01845 - a Please be advised that I have agreed to waive the time constraints for the North +4,g�,rt•, Andover Zoning Board of Appeals to make a decision regari �h". granting of a a$ � Variance Special Perms ` o ive Permit(40B) FmcUUn for property located at: STREET: S 150,00^ S� MAP: . C.. PARCEL: t TOWN:_K o r+L. A TO MEETING DATE(S): ' 3 ZOO S r NAMEOFPETITlONER:3tI( At14wI,c Ivlob� t a�` Nlastac�✓ftt s d/61q ' Signed: � ¢�. S ✓tI'��e� Petia (or titioner's resentati e) r MAY Bqarotp}�als -688-9541 Building 97$-688-9545 Consmanfon 973-638-9530 Ftahh 978-688-9540 Planning 978-683-9535 BOARD OF APPEALS LAW OFFICES BEVERIDGE & DIAMOND, P.C. 45 WILLIAM STREET, SUITE 1 20 WELLESLEY, MA 02481 (78 1 ) 416-5700 BRIAN C. LEVEY TELECOPIER (78 1 ) 416-5799 (781) 416-5733 blevey@bdlaw.com February 1, 2005 Ellen P. McIntyre, Chair Town of North Andover Zoning Board of Appeals 400 Osgood Street North Andover, Massachusetts 01845 Re: Applications of Bell Atlantic Mobile of Massachusetts Corporation, Ltd., d/b/a Verizon Wireless ("Verizon')for Special Permit and Finding at 5 Boston Hill (12 75 Turnpike), North Andover, MA Dear Ms. McIntyre: This firm represents Boston Hill Development, LLC ("BHD"), the record owner.of an approximately 33-acre parcel of land on the westerly side of Turnpike Street across from Johnson Street commonly known as Boston Hill (the"BHD Property"). The BHD Property abuts 5 Boston Hill where Verizon seeks zoning relief for the addition of certain telecommunications equipment to an existing telecommunications facility. The land which abuts the BHD Property and which is the subject of Verizon's applications is owned by Benjamin G. Farnum (the "Farnum Property"). We request that you consider the following information at the continued public hearing on Verizon's applications on February 8, 2005. As you may know, the issue of the proper zoning relief required to proceed with any alteration of the existing telecommunications facility at the Farnum Property is the subject of an action commenced by Mr. Farnum in or about November, 2002.1 BHD successfully intervened as a party-defendant in the Farnum Action. Among other things, the Farnum Action(1) challenges an earlier requirement of this Board that Mr. Farnum comply with the terms of a certain special permit for his telecommunications facility and (2) seeks a declaration that the telecommunications facility may be used "without any further need for special permits, site plan reviews or variances...." This case is currently in the midst of discovery. 1 The action is styled Benjamin G. Farnum v.William J. Sullivan,Walter F. Soule,John M. Pallone,Scott A. Karpinski,Ellen P. McIntyre, George M. Earley and Joseph D.Lagasse,as they constitute the North Andover Zoning Board of Appeals,and Not Individually and D. Robert Nicetta,as he is Building Commissioner for the Town of North Andover,and Not Individually,and the Town of North Andover,Land Court Misc. Docket No.285009 gtj` a ,Action"). U 1L55 D, FEB 3 - 2005 BOARD OF APPEALS r BEVERIDGE & DIAMOND, P.C. Ellen P. McIntyre, Chair February 1, 2005 Page 2 In its application, Verizon raises virtually the same issues posed in the Farnum Action. In part, Verizon states "that the Building Department and the ZBA must abide by the prior ZBA decisions concerning the Site and permit the Petitioner to add antennas without need for zoning relief. Any imposition of additional restrictions and/or requirement of a special permit for the construction of the Proposed Addition would constitute substantive modifications of prior ZBA decisions in contravention of Chapter 40A, Section 14 of the Massachusetts General Laws." (Verizon Memorandum at p.3.) In fact, Verizon notes in its cover letter dated November 5, 2004 that it is "filing this petition in order to preserve its rights in light of pending litigation in Massachusetts Land Court brought by others concerning the facility that is the subject of these petitions." In the Farnum Action, the Board filed an Answer to Famum's Complaint denying the allegation that Mr. Farnum is entitled to alter the telecommunications facility without further zoning relief. BHD requests that the Board assert the same position with respect to Verizon's application. Verizon should be required to obtain all necessary permits and approvals under the North Andover Zoning By-law. Verizon's application is not entitled to any different treatment than that accorded the applications at issue in the Farnum Action. BHD recommends that the Board either confer with Town Counsel or request that he be present at the February 8, 2005 public hearing to ensure consistency between the Board's position on Verizon's application and the pending Farnum Action. I would be pleased to be of further assistance and thank you for your attention to this matter. yy-t y yours, Brian C. Levey BCL:lmm cc: Thomas J. Urbelis, Esquire Michael S. Giaimo, Esquire Francis A. DiLuna, Esquire Mark Bobrowski, Esquire ROBINSON & COLE LLP MICHAEL S. GIAIMO One Boston Place Boston,MA 02108-4404 Main(617)557-5900 Fax(617) 557-5999 mgiaimo@rc.com Direct(617)557-5959 May 11, 2005 Via Federal Express and Facsimile 978-688-9541 North Andover Zoning Board of Appeals 400 Osgood Street North Andover, MA 01845 Re: Petition of Bell Atlantic Mobile of Massachusetts d/b/a Verizon Wireless re: 5 Boston Street (Boston Hill). Dear Board Members: The Board has opened but not completed its hearing on this matter. We had previously agreed to extend the time periods for the Board's continued hearing and decision until your May 12, 2005 meeting, with the understanding that the applicant would pursue alternative relief from the North Andover Planning Board. The Planning Board opened its hearing on May 3, 2005 and continued it until May 17, 2005. It is my expectation that the Planning Board proceedings will be concluded on the 17th or shortly thereafter, and that the Planning Board will then issue a decision in due course. In the meantime, this is to request (without in any way waiving my client's rights concerning this matter) that you further continue this matter until your September 13th meeting date,which should allow the Planning Board process to be concluded. I have enclosed a signed form for that purpose. I very much appreciate your consideration in this matter. Please do not hesitate to contact me if you require any additional information. Law Offices BOSTON Sincerely yours, HARTFORD Al NEW LONDON STAMFORD Michael S. iaimo, GREENWICH Enclosure NEW YORK D D SARASOTA MAY 1 2 2005 www.rc.com BOSTI-857754-1 BOARD OE APPEALS Memorandum To: Lincoln Daley, North Andover Town Planner Re: ZBA chronology of Bell Atlantic Mobile of Massachusetts Corporation,LTD,d/b/a Verizon Date 5-2-05 10-7-04 Denial of Building Permit per 8.9 Zoning Bylaw:changes to wireless facility require SP from Planning. 11-5-04 ZBA receives Finding&Special Permit,and checks for same. 11-29-05 1'legal notice published. 12-14-04 Public Hearing opened. ZBA&D.Robert Nicetta,Zoning Enforcement Officer,question Special Permit from ZBA. Board suggests that applicant might want to waive time. Board would like to consult Town Counsel. Applicant waives time to 1-11-05 1-3-05 Applicant requests waive time to 2-8-05. 2-2-05 Atty.Giaimo faxes waive time request to 5-12-05. Atty.Urbelis responds to ZBA request. Town of North Andover Office of the Planning Department • ' " � �`..a Community Development and Services Division ` 400 Osgood Street ; ' S-A�_41%E�: North Andover,Massachusetts 01845 htip://www.townofnorthandover.com Town Planner P (978)688-9535 F (978)688-9542 TO THE LAWRENCE EAGLE TRIBUNE LEGAL AD FOR PUBLICATION TUESDAY,APRIL 19,&26,2005. TOWN OF NORTH ANDOVER PLANNING BOARD NOTICE OF PUBLIC HEARING,MAY 3,2005 @ 7:00 PM. In accordance with the provisions of M.G.L. Chapter 40A, Section 9, Sections 8.3 & 8.9 for a Site Plan Review Special Permit for Wireless Service Facilities,of the North Andover Zoning Bylaw,the North Andover Planning Board will hold a public hearing as follows: Purpose of Public Hearing: Application for a Site Plan Review Special Permit to upgrade existing wireless service facility by installing three(3)additional panel antennas and one(1)dish antenna on the side of the existing concrete tower on the property. Applicant/Petitioner: Bell Atlantic Mobile of Massachusetts Corp.,LTD,d/b/a Verizon Wireless. 40 Friberg Parkway Westborough,MA 01851 Owner of premises: Benjamin G. Farnum 397 Farnum Street North Andover,MA 01845 Address of Premises Affected: Five Boston St. (1275 Turnpike St.). Assessors Map and Lot: Map 107C, Lot I 1-00 Public Hearing Date&Time: Tuesday, May 3, 2005 . Location of Public Hearing: North Andover Town Hall, 120 Main Street,2 floor conference y room. PR 2 1 2M h terested persona may appear and be beard. Persons needing special accommodations and / or those interested in viewing the application materials should contact the North Andover Planning �D OF APPrDikArtment at(978)688-9535,located at 400 Osgood Street,North Andover,MA W` �a6mt•.s �m v�tcg• < < c t •—mac W ¢ m � z ..� v . : i£g1P cu � o .1.4 o e bi .,. • rCCz �a ,�E a .: •�o. S� '°°� rc � ��coa :ill � 3 _ a A 3 s ` . � Page 1 of i Glennon, Michel From: Michel Glennon [mglennon@townofnorthandover.com] Sent: Wednesday, February 02, 2005 1:46 PM To: Thomas J. Urbelis' Subject: RE: Bell Atlantic Mobile/Verizon at 5 Boston Street Attorney Brian Levey's letter hasn't reached 400 Osgood yet. Would it be possible to fax a copy? Thanks, Mich. -----Original Message---- Front:Thomas I Urbelis[mailto:tju@uf-law.com] Sent:Wednesday, February 02, 2005 1:43 PM To: Michel Glennon Cc: hgriffin@townofnorthandover.com Subject: RE: Bell Atlantic Mobile/Verizon at 5 Boston Street Mich.......as stated in Attorney Brian Levey's letter dated February 1,2005, in my opinion, the Zoning Board of Appeals should assert the same position with respect to Verizon's application as with Mr. Farnum's. Tom. From: Michel Glennon [mailto:mgLennon@townofnorthandover.com] Sent:Tuesday, February 01, 2005 9:35 AM To:Thomas I Urbelis Subject: Bell Atlantic Mobile/Verizon at 5 Boston Street Mello, Atty. Urbelis; Bob Nicetta would like to know if you have reached an opinion on the Bell Atlantic Mobile petition being before the Zoning Board? There is an added wrinkle. Yesterday,Atty. Michael S. Giaimo said that he wanted to continue the Zoning hearing to the May 2005 meeting because he wanted to go before the Planning Board, and that hearing might take a few months. So far, he hasn't faxed the waive time request to 400 Osgood. Mich. 2/2/05 09/19/05 15:19 FAX 'Town of North Andover -rawrn Cledc7ime Stamp T office of the Zoning Board of Appeals ; ClVED Develo stent and Services Division ; CLEPK'55 OFr!C community ossa Street Zofl SEP 15 PH 3: 51 Nmth AndOVM Massachusetts otm Raymond Santilli, -relephonc (978)688-9541 TOWN O inlcrim Cotnmtntity Fax (978)688-9542 NORTH AigDOVE- DcV0opment Director MASSACHUmSET TS F Dates a-�..+be r l3 20aS TO: Town ofNoith Andover Zoning Board of Appeals 400 Osgood Street North Andover k A 01845 Vursuo+,t +v 4AA&. letter r .yes ` pq�i2�05' Please be advised that I wish to writhdrsvtrAmy vai Peru Co rehensive,Permit(408) m petition without prejudice from the Notth Andover Zoning Board of Appeals agenda for property located at: STREET: MAP: PARCEL: TOWN: ME om. NAOF PETYTION e i z0✓i IAre le-5S S ��Q,-mo— Qv-fiorrCy � Signed: rloner's representative) far loelli'fry oner petitioner( pew withdrsw Post-it®Fax Note7671 Date To ( `D.� Pa9 s► From TWd pt '4PPzd f 973-ron.954t nuilding 97" Co. Phone# r Phone#p j iS V Ij U ks, IE i Fax# ± Fax# (�l� SES' 1 ".3 2005 09/13/05 09:29 FAX _. 10002 MICHAEL S.MAIM ROBINSON & COLE LLP One Boston Place Boston,MA 021094404 Main(617)557-5900 Fax(617)557-5999 Direct(617)557-5959 Via Federal Express and Facsimile 978-688-9541 September 12,2005 North Andover Zoning Board of Appeals 400 Osgood Street North Andover,MA 01845 Re: Petition of Bell Atlantic Mobile of Massachusetts d/b/a Verizon Wireless re:5 Boston Street(Boston Hill). Dear Board Members: The-Board opened but has not completed its hearing on this matter,and You had previously agreed to continue this matter until your September 13th meeting date in order to allow the Planning Board permitting process to be concluded. You had expressed the view that the Planning Board,and not your board,was the proper entity to hear and approve the Petitioner,s request to add antermas at this site. The Planning Board has since issued a special permit approving the requested antenna installation,thereby making the question before you moot at this time,and making further relief from your Board unnecessary. Accordingly,please consider this a request to allow the Petitioner to terminate this matter by withdrawing its petition in its entirety,without prejudice. I ask that you allow the withdrawal without prejudice in order to make clear that the Petitioner would not be barred from coming back to your Board for relief if at some point in time a petition for that relief became necessary—for example if the Town were,in the future,to change its interpretation of the applicable provisions of the Bylaw with regard to this facility. However I do not otherwise anticipate a need to bring this matter back before your Board. I very muchpre o � resolution. Please do not hesitate contact me f YOU require anthaty additional we were le to achive this o contact information. Law Office: BOSTON Sincerely yours, Www{ IrARTFdRD NEm LONDON �J STAMFORD Michael S.Gndnlo WHITe PLAINS NEW YORK CITY SARASOTA WWW.►c.LO M f NORTH 1 ° ,. '° • " Town of North Andover SEC r ED �: •' + E1" ° Office of the Planning Department ;6 Y0'E 6 R A DS!1A ail lip, 3Ci'.tr C!E 'K • •, ..�.�. Community Development and Services Division: :. _ t 4CHt15 4� 400 Osgood Street _ North Andover,Massachusetts 01845 t Xi;Y 21 P 4: Q Lincoln Daley htip://www.townofnorthandover.com Town Planner P(978)688-9535 F(978)688-9542 NOTICE OF DECISION Any appeal shall be filed within(20) days after the date of filing this Notice in the office of the Town Clerk. Application filed: March 14, 2005 Date of first hearing: May 3, 2005 Date of Decision: May 17, 2005 Petition of: Verizon Wireless 400 Fnberg Parkway, Westborough, MA 01581-3956 Premises Affected: 1275 Turnpike Street,North Andover, MA 01845 Referring to the above petition for Site Plan Special Permit in order to upgrade existing telecommunications equipment by installing three (3) panel antennas and one (1) dish antenna on the sides of the existing 85' tall concrete tower. After a public hearing given on the above date, the Planning Board voted to APPROVE the Site Plan Special Permit based upon the following conditions: Signed: Lincoln Daley, Town Planner Alberto Angles, Chairman George White, Vice Chairman cc: Applicant John Simons Engineer Richard Nardella Abutters James Phinney DPW Building Department Conservation Department Health Department ZBA MAY 3 1 2005 Cu BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535 tOAPD OF APPEALS 1 Verizon Wireless—1275 Turnpike Street Special Permit The Planning Board herein approves the Special Permit to install three(3)panel antennas and one(1) dish antenna(the"proposed addition") and associated cabling,utilities and equipment on an existing tower structure in the Village Residential Zoning District. This Special Permit was requested by Bell Atlantic Mobile of Massachusetts Corporation, Ltd., d/b/a Verizon Wireless,400 Friberg Parkway, Westborough, MA 01851. This application and additional documentation as cited herein was filed with the Planning Board on March 14, 2005 with subsequent submittals on file. The Planning Board makes the following findings as required by the North Andover Zoning Bylaw Section 8.9: FINDINGS OF FACT: 1. The specific site is an appropriate location for the project as it is being co-located on an existing wireless location. 2. The use as developed will not adversely affect the neighborhood as indicated by the analysis conducted by Donald L. Haes, Jr., Ph.D., CHP, Radiation Safety Specialist 3. The carrier has demonstrated that the facility is necessary in order to provide adequate service to the public. 4. The plan meets the requirements of the Wireless Service Facilities By-law section 8.9. 5. Adequate and appropriate facilities will be provided for the proper operation of the proposed use. Finally the Planning Board finds that this project generally complies with the Town of North Andover Zoning Bylaw requirements as listed in Section 8.9 but requires conditions in order to be fully in compliance. The Planning Board hereby grants an approval to the applicant provided the following conditions are met: SPECIAL CONDITIONS: 1) Discontinuance Abandonment a) At such time that a licensed carrier plans to abandon or discontinue operation of wireless service equipment, such carrier will notify the Town by certified US mail of the proposed date of abandonment or discontinuation of operations. Such notice shall be given no less than 30 days prior to abandonment or discontinuation of operations. In the event that a licensed carrier fails to give such notice, the wireless service equipment shall be considered abandoned upon discontinuation of 2 operations. b) Upon abandonment or discontinuation of use, the carrier shall physically remove the wireless service equipment placed on the site by the carrier within 90 days from the date of abandonment or discontinuation of use. "Physically remove" shall include,but not be limited to: i) Removal of antennas, mount, equipment shelters and security barriers installed by the carrier (unless the same will continue to be used by the owner) from the subject property. ii) Proper disposal of the waste materials generated by the carrier from the site in accordance with local and state solid waste disposal regulations. c) As a condition of any special permit for the placement, construction or modification of wireless service equipment at the site, the carrier shall place into escrow a sum of money to cover the costs of removing the facility from the subject property. Said amount shall be certified by an engineer, architect or other qualified professional registered to practice in the Commonwealth of Massachusetts. Said funds shall be held by an independent escrow agent to be appointed by the carrier and the Planning Board. The carrier shall authorize and, as necessary, shall obtain the authorization of the owner of the property to allow the escrow agent to enter upon the subject property to remove the facility when the facility has been abandoned or discontinued. In the event the posted amount does not cover the cost of demolition and/or removal the Town may place alien upon the property covering the difference in cost. d) The equipment shall be deemed to be abandoned or discontinued if it has not been used for the purpose for which it was originally constructed for a period of six (6) months or more. Once abandonment or discontinuance has occurred, the carrier shall remove the equipment placed by the carrier from the subject property within ninety days. In the event that the carrier fails to remove the equipment, the town shall give notice to the carrier and the independent escrow agent that the equipment shall be removed by the escrow agent forthwith and the escrow agent, after affording written notice seven days in advance to the carrier, shall remove the facility. 2) Performance Guarantees a) Insurance in a reasonable amount determined and approved by the Planning Board after consultation at the expense of the applicant with one (1) or more insurance companies shall be in force to cover damage from the equipment on the structure, damage from transmissions and other site liabilities. Annual proof of said insurance must be filed with the Planning Board. b) Funds, sufficient in the opinion of the Planning Board to cover annual maintenance 3 of the equipment on the facility, shall be placed into escrow and shall be held by the independent escrow agent who shall be authorized to expend the funds for the maintenance of the equipment on the facility on terms to be agreed upon by the carrier and the SPGA as a condition of approval of the special permit. 3) Term of Special Permit: a) A Special Permit issued for any wireless service facility shall be valid for three(3) years. The special permit may be renewed under the same criteria as the original special permit,provided that the application for renewal of the special permit is made prior to the expiration date of the original or any renewed special permit. Additional measures governing the administration of the special permit are found in Section 10.3 of the Zoning Bylaw. b) The applicant and co-applicant or their successor in interest shall maintain the wireless service equipment in good condition. Such maintenance shall include, but shall not be limited to,painting, structural integrity of the equipment. 4) Prior to the start of construction: a) A construction schedule shall be submitted to the Planning Staff for the purpose of tracking the construction and informing the public of anticipated activities on the site. b) The applicant shall provide the necessary escrow accounts and insurance as required in the above sections. 5) Prior to FORM U verification (Building Permit Issuance): a) The final site plan mylars must be endorsed and three(3) copies of the signed plans must be delivered to the Planning Department. b) A certified copy of the recorded decision must be submitted to the Planning Department. 6) Prior to verification of the Certificate of Use and Occupancy: a) The applicant must submit a letter from the architect or engineer of the project stating that the construction and operations substantially comply with the plans referenced at the end of this decision as endorsed by the Planning Board. b) All lighting placed by the carrier on the subject property shall have underground wiring and shall be so arranged that all direct rays from such lighting falls entirely within the site and shall be shielded or recessed so as not to shine upon abutting 4 properties or streets. The Planning Office must approve any changes to the approved lighting plan as submitted by the applicant. 7) Prior to the final release of security: a) A final as-built plan showing final construction and location of the wireless hardware shall be submitted to and reviewed by the Planning Staff. 8) Any stockpiling of materials(dirt, wood, construction material, etc.) must be shown on a plan and reviewed and approved by the Planning Staff. Any approved piles must remain covered at all times to minimize any dust problems that may occur with adjacent properties. Any stockpiles to remain for longer than one week must be fenced off and covered. 9) In an effort to reduce noise levels, the applicant shall keep in optimum working order, through regular maintenance, any and all equipment that shall emanate sounds from the structures or site. 10)No equipment or other equipment that will emanate noise-exceeding levels cited herein shall be placed on the exterior of the structure. Such equipment shall be enclosed as shown on the plans. 11)All site lighting shall provide security for the site and structures however it must not create any glare or project any light onto adjacent residential properties. 12)The contractor shall contact Dig Safe at least 72 hours prior to commencing any excavation. 13)The provisions of this conditional approval shall apply to and be binding upon the applicant, its employees and all successors and assigns in interest or control. 14)Any action by a Town Board, Commission, or Department that requires changes in the plan or design of the building as presented to the Planning Board, may be subject to modification by the Planning Board. 15)Any revisions shall be submitted to the Town Planner for review. If these revisions are deemed substantial, the applicant must submit revised plans to the Planning Board for approval. 16)This Special Permit approval shall be deemed to have lapsed after two years from the date permit granted unless substantial use or construction has commenced. Substantial use or construction will be determined by a majority vote of the Planning Board. 17)The following waivers were granted in determining this decision: 5 a) Waiver of building setback provisions as described in Section 8.9(3)(c)(v) Setbacks. b) Waiver(s) to provide camouflaged for the added facilities as described in Section 8.9(4)(a). c) Waiver to provide certification by a structural engineer that the wireless service facility is structurally sound for the proposed project. d) Waiver to provide lines representing the sight line showing viewpoint (point from which view is taken) and visible point(point being viewed); e) Waiver to provide the average height of the trees within the property or the abutting properties. fl Waiver to show all existing buildings on adjacent properties. g) Waiver to provide distances (at grade) from the proposed facility to each existing building. h) Waiver to provide sight lines showing viewpoint and visible point. i) Waiver to show any wetlands and subject property within 100' of the wetland. j) Waiver to provide site lines and photographs in accordance with Section 8.9(5)(d)(iv). k) Waiver to show the colors of the proposed wireless service facility represented by a color board showing actual colors presented. 1) Waiver to provide a landscaping plan. m Waiver to schedule a balloon test with the Planning Board at the proposed site. n) Waiver(s) to provide noise-filing requirements as described in Section 8.9(5)(d)(vi)• o) Waiver to provide a letter from the Massachusetts Department of Public Health approving the site. p) Waiver to provide Federal Environmental Filing Requirements as described in Section 8.9(5)(d)(viii). q) Waiver to provide annual certification demonstrating continuing compliance with the standards of the Federal Communications Commission, Federal Aviation 6 Administration and the American National Standards Institute shall be filed with the SPGA by the Special Permit holder. r) Waiver to post bond for the purpose of insuring that a final as-built plan shows the location of all on-site structures and demonstrates that the site is constructed in accordance with the approved plan. This waiver is granted due to the fact that the antenna upgrades and addition of the dish are minor in nature and will be co- located on a pre-existing structure used primarily for telecommunications. 18)The following information shall be deemed part of the decision: Plan titled: Verizon Wireless North Andover Turnpike Street North Andover, MA Prepared for: Verizon Wireless 400 Frnberg Parkway Westborough,MA 01851 Prepared by : Dewberry-Goodkind, Inc. 31 St. James Avenue Boston, MA 02116 Dated: Received by the Planning Department March 25, 2005 Sheets: T-1, P1-P9 Report: Application for Site Plan Special Permit by Bell Atlantic Mobile of Massachusetts Corporation, Ltd., d/b/a Verizon Wireless, March 10, 2005 Prepared for: Verizon Wireless Prepared by: Robinson& Cole One Boston Place Boston, MA 02108 CC. Applicant Engineer DPW Building Department Donald L. Haes, Jr., A.D., CHP Radiation Safety Specialist Voice:603 883-6129 Fax:603-883-6134 Email:haes@tems.com May 31, 2002 Re: RF Field measurements in the general vicinity of the cement communications building located on Boston Hill in North Andover,MA at the request of Verizon Wireless. PURPOSE In order to determine regulatory compliance,broadband measurements have been obtained at locations in the general vicinity of the cement communications building located on Boston Hill in North Andover,MA. The measured values of power density are presented as a percent of current Maximum Permissible Exposures[%MPE]as adopted bythe Federal Communications Commission [FCC] '°2,and those established by the Massachusetts Department of Public Health[MDPH]3 (With 100% signifying an acceptable amount). SUMMARY The broadband measurements of existing ambient RF fields at locations in the general vicinity of the site indicate the peak(maximum) field to be less than four percent of the regulatory limits for RF exposure to members of the public. This means there could be over 25 additional similar installations, and still be below all regulatory limits for RF exposure. Based on my extensive experience with personal wireless services facilities,and the RF fields I have measured, it is my expert opinion that the proposed personal wireless services installation complies with regulatory guidelines for RF exposure. U 427 Amherst Street,Unit#11 U t G 14 2004 Nashua,NH 03063 BOARD OF APPEALS 03 �— — A RF EXPOSURE LIMITS AND GUIDELINES Currently there are many RF exposure guidelines throughout the world. The RF exposure limits adopted by the FCC are a combination of the standards published by the American National Standards Institute (ANSI)' and the National Council on Radiation Protection and Measurement (NCRP)5. Also applicable are those published by the Massachusetts Department of Public Health [MDPH]. At frequencies licensed to personal wireless services providers by the FCC,the values of the aforementioned standards are analogous. The RF exposure limits are divided into two categories: "Controlled areas" (those areas restricted to access by RF workers only)and "Uncontrolled Areas" (those areas unrestricted for public access). Listed in Table I below are the applicable RF exposure limits for uncontrolled areas as they pertain to the operating frequency bands of the personal wireless services facility industry. Table I: Maximum Permissible Exposures in Uncontrolled Areas For Emissions from Personal Wireless Services Facilities Frequency Bands Maximum Permissible Exposures 300 - 1500 MHz f/1.5 in µW/cm2 1500 - 100,000 MHz 1000 ^/cm2 Note: 1 mW= 1000 µW=0.001 W For equivalent plane-wave power density, where f is the frequency in MHz. 427 Amherst Street,Unit#11 Nashua,NH 03063 Page-2- MEASUREMENT PROTOCOL RF field measurements were obtained on May 15, 2002, using accepted scientific procedures.',' The skies were mostly sunny,with a temperature of 47T. The measuring equipment included a Narda model 8715 Electromagnetic Radiation Meter with model B8742D Broadband Isotropic Probe. The probe of choice in a mixed-frequency environment is the broadband type-that is, it responds to a wide range of frequencies. The Narda model B8742D probe provides a meter read-out in %MPE (percent FCC 1997 Maximum Permissible Exposure) for members of the general public within the frequency band of 300 kHz to 3 GHz (NOTE: 1 kHz = 1,000 cycles per second,l MHz = 1,000,000 cycles per second, and 1 GHz = 1,000,000,000 cycles per second). Measurements were obtained by continuously scanning an area from the ground plane up to a height of six feet above ground level, referred to as the"Spatial Average". The spatial average readings at each location were recorded as %MPE. In addition, the highest reading during the spatial average was recorded as the"peak" reading. The results are listed in Table Il, with locations depicted in Figure 1. The accuracy of the measurement system is a combination of the following' : instrument accuracy,± 1.0%; calibration uncertainty, +0.5 dB (1.122), - 0.5 dB (0.891); and probe isotropy error, + 0.75 dB (1.189), - 0.75 dB (0.841). A conservative approach is to obtain the root-sum- square(RSS) of the three factors as follows: ► If the meter reads high, RSS = [ (0.01)2+(0.122)2+(0.189)2]',or 22.5 %higher than true value; the correction factor is 1/1+RSS =0.816. ► If the meter reads low,RSS=[(0.01)2+(1-0.891)2+(1-0.841)2]Y2,or 19.3 %lower than true value; the correction factor is 1/1-RSS = 1.24. For this RF exposure analysis,the readings were multiplied by 1.24 to be conservative. The NARDA Microwave Corporation,435 Moreland Road,Hauppauge,NY, 11788. 427 Amherst Street,Unit#11 Nashua,NH 03063 Page-3- RESULTS Table II: Results of Broadband RF Field Measurements Locations in the General Vicinity of the Cement Communications Building Boston Hill in North Andover,MA Location, Spatial Average Reading Peak Meter Reading See Figure 1 Observed Corrected Observed Corrected (%MPE) t (%MPE) $ (%MPE) t (%MPE) t 1 0.12 0.15 0.13 0.16 2 0.12 0.15 0.13 0.16 3 0.11 0.14 0.15 0.19 4 0.11 0.14 0.14 0.17 5 0.10 0.12 0.11 0.14 6 0.18 0.22 0.24 0.30 7 1.40 1.74 1.50 1.86 8 2.70 3.35 3.00 3.72 9 3.00 3.72 3.10 3.84 10 2.70 3.35 3.20 3.97 11 0.11 0.14 0.15' 0.19 12 0.10 0.12 0.11 0.14 13 0.12 0.15 0.14 0.17 14 0.11 0.14 0.11 0.14 15 0.12 0.15 0.13 0.16 Table Notes: t Observed meter readings in percent FCC Maximum Permissible Exposure [MPE] for the general public. $ Readings multiplied by 1.24 to correct for instrument uncertainty. 427 Amherst Street,Unit#11 Nashua,NH 03063 Page-4- �. j� F i # i1♦ ~V�` ~� _ 6 r Y. ��,,/ •y^i"„_s •' ll' } j .s - 6�`4 nn y . 69 ,y � lei :�,. i �� } ✓'" �,_,°_..,�.y�� "�� '�«> � ^,�, '� �SS`� % �F. � rti 5,,, � ! >' try-� f �f j�"'�° y♦�O . - �~ �.. 4 w� i g 9� 1 5 ..r'''�'� �..tw.- " �-�- _.far,_ "4 q ,,..,,•^ ' i 4'`L ,�,• �� r_1 Y. � � � ,� ,��.•-°--�...-.^,��—.,rte -'�'�, � � ' � i.- _ . i _ ,, r'' ri � � t ..-' -ate» -?�+_.. �2_ �°'"'`• f 1' 1 ` Y�� '^"ry� 'Y"� S� �°` fir. ! 'µ • '``1,r4JK� �� * ��7._ J � f� ,t--.'`?' k'"-- q� ,,,may.. �f r • r'..^",,,,.�'C�... -.`°""....,y'w'_� (� .,,. •�`.:..rr` jr�;� ��ff'iw"; p s ..` ,,, '�`�r,�" �'�i �` "'�"��"� � � „ '°- � KKK" �� �^y�,�' ► .46`_. 'fib—.�a.L., "- +hl 1 1 I+.. ' .q \l .l 'f .. •f" . Figure 1: Map of RF Field Measurements 427 Amherst Street,Unit#11 Nashua,NH 03063 Page-5- } Donald L. Haes, Jr., A.D., CHP Radiation Safety Specialist Voice:(603)883-6129 Fax:(603)883-6134 Email:haes@tems.com STATEMENT OF CERTIFICATION 1. I certify to the best of my knowledge and belief,the statements of fact contained in this report are true and correct. 2. The reported analyses, opinions, and conclusions are limited only by the reported assumptions and limiting conditions, and are personal, unbiased professional analyses, opinions and conclusions. 3. I have no present or prospective interest in the property that is the subject of this report and I have no personal interest or bias with respect to the parties involved. 4. My compensation is not contingent upon the reporting of a predetermined energy level or direction in energy level that favors the cause of the client, the amount of energy level estimate,the attainment of a stipulated result, or the occurrence of a subsequent event. 5. This assignment was not based on a requested minimum environmental energy level or specific power density. 6. My compensation is not contingent on an action or even resulting from the analyses, opinions, or conclusions in, or the use of, this report. 7. The consultant has accepted this assessment assignment having the knowledge and experience necessary to complete the assignment competently. 8. My analyses, opinions, and conclusions were developed and this report has been prepared, in conformity with the American Board of Health Physics [ABHP] statement of standards a0fionalresponsibility for Certified Health Physicist. May 31. 2002 Donald L. Haes, Jr, h.D. Date Certified Health Physicist 427 Amherst Street,Unit#11 Nashua,NH 03063 Page-7- M ` i ENDNOTES 1 . Federal Register, Federal Communications Commission Rules;Radiofrequency radiation; environmental effects evaluation guidelines Volume 1,No. 153, 41006-41199,August 7, 1996. [47 CFR Part 1; Federal Communications Commission]. 2 . Telecommunications Act of 1996,47 USC; Second Session of the 1041 Congress of the United States of America, January 3, 1996. 3 . 105 CMR 122.000: Massachusetts Department of Public Health,Non-Ionizing Radiation Limits for: The General Public from Non-Occupational Exposure to Electromagnetic Fields, Employees from Occupational Exposure to Electromagnetic Fields, and Exposure from Microwave Ovens. 4 . ANSUIEEE C95.1-1999: American National Standard,Safety levels with respect to human exposure to radiofrequency electromagnetic fields,from 3 KHz to 300 GHz. 5 . National Council on Radiation Protection and Measurements(NCRP);Biological Effects and Exposure Criteria for Radiofrequency Electromagnetic Fields,NCRP Report 86, 1986. 6 . ANSUIEEE C95.3-1999: American National Standard,Recommended Practice for the Measurement of Potential Electromagnetic Fields -RF and Microwave. 7. NCRP Report No. 119: National Council on Radiation Protection and Measurements, 1993; A Practical Guide to the Determination of Human Exposure to Radiofrequency Fields. 427 Amherst Street,Unit#11 Nashua,NH 03063 Page-8- dower pORTN Town of North An "o Office of the Zoning Board of Appeals p Community Development and Services Division 400 Osgood Street North Andover,Massachusetts 01845 caus�4 D. Robert N icetta Telephone(978)688-9541 Fax (978)688-9542 Building Commissioner Date OS8bLSd01 -C0 14= 1 TO: Town of North Andover J Zoning Board of Appeals t.a % 400 Osgood Street Qa= North Andover MA 01845 oarpolo- f(Ir ` �r Please be advised that I have agreed to wja�v�the time constraints for the North LU a Andover Zoning Board of Appeals to make a decision regarding the granting of a rA Variance Special Permit Com re ensive Permit(40B), r Finding L oCl y- > CI7 C, property located at: for prope -T-a(' Jke e�a __S 43- S STREET: ITP V> PARCEL: - s TOWN: ,d o Ve-r TO MEETING DATE(S): ✓ `�" '�' t 1 Zoo S- LL t�vF Mu55��l o-► s d`6z _tea NAME OF PETITIONER: QUu- �- °i'' �L Z..a 1 c -t+ LJ,ret.e.5 Signed: *titiS(or petitioner' representative) DEC 14 2WJa A Oppeals 978-688-9541 Building978 68i�5- 45 Conservation 978-688-9530 HeW0 978-688-9540 Planning 978-688-9535 BOARD OF APPEALS 2,vO V - 6) ,3 A G 0 V\ F� V-"V� 14`I C!" I ' V\ -)00 9- () I � ROBINSON & COLE LLP MicxAEL S.GiAwo One Boston Place Boston,MA 021084404 Main(617)557-5900 Fax(617)557-5999 mgiaimo@rc.com Direct(617)557-5959 Via Federal Express November 5, 2004 Joyce A. Bradshaw, Town Clerk Town of North Andover 400 Osgood Street North Andover, Massachusetts 01845 Re: Application to Zoning Board of Appeal for a Special Permit Bell Atlantic Mobile of Massachusetts d/b/a Verizon Wireless Five Boston Hill(1275 Turnpike), North Andover, MA Dear Ms. Bradshaw: Verizon Wireless filed an Application for a Finding by hand delivery on November 5, 2004. Enclosed please find the following materials to supplement that filing: 1. Four(4) sets of mailing labels for the Parties in Interest List 2. Set of Mylars for the Plan of Land Please contact me with any questions regarding the enclosed materials. Thank you. Sincerely, Michael S. Giaimo Enclosures Law Offices BOSTON Cc: D. Robert Nicetta, Building Inspector _ HARTFORD Zoning Board of Appeals, Clerk Amy White NEW LONDON Francis A. DiLuna, Esq. STAMFORD GREENWICH NEW YORK NOV 9 SARASOTA www.rc.com � As � PrH� ROBINSON & COLE LLP MICHAEL S.Gi4dMo One Boston Place Boston,MA 021084404 Main(617)557-5900 Fax(617)557-5999 mgiaimo@rc.com Direct(617)557-5959 Via Federal Express November 5, 2004 Joyce A. Bradshaw, Town Clerk Town of North Andover 400 Osgo6d5frieet North Andover, Massachusetts 01845 Re: Application to Zoning Board of Appeal for a Finding Bell Atlantic Mobile of Massachusetts d/b/a Verizon Wireless Five Boston Hill (1275 Turnpike),North Andover,MA Dear Ms. Bradshaw: Verizon Wireless filed an Application for a Finding by hand delivery on November 5, 2004. Enclosed please find the following materials to supplement that filing: 1. Four(4) sets of mailing labels for the Parties in Interest List 2. Set of Mylars for the Plan of Land Please contact me with any questions regarding the enclosed materials. Thank you. Sincerely, Michael S. Giaimo Law Offices Enclosures BOSTON HARTFORD Cc: D. Robert Nicetta, Building Inspectof� Zoning Board of Appeals, Clerk ✓ NEW LONDON Amy White STAMFORD Francis A. DiLuna, Esq. GREENWICH D IVI NEW YORK VVV 1:! IILSSS D SARASOTA NOV 9 - 2004 www.rc.com BNAPOBMPEALS Ir 05 04 08: 52a NORTH RNDOVER 9786889542 p. 2 NoRT,/ `TOWN OF NORTH ANDOVER SPECIAL PERMIT ZONING BOARD OF APPEALS p Y a f NAME ADDRESS OF APPEAL Procedure & Requirements for an Application for a Special Permit Ten (10)copies of the following information must be STEP 6: SCHEDULING OF HEARING AND submitted thirty (U days prior to the first public hearing. PREPARATION OF LEGAL NOTICE: Failure to submit the required information within the The Office of the Zoning Board of Appeals schedules time periods prescribed may result in a dismissal by the the applicant for a hearing date and prepares the legal. Zoning Board of an application as incomplete.. notice for mailing to the parties in interest(abutters) and The information herein is an abstract of more specific for publication in the newspaper. The petitioner is requirements listed in the Zoning Board Rules and notified that the legal notice has been prepared and the Regulations and is not meant to supersede them. The cost of the Party in Interest fee. petitioner will complete items that are underlined. STEP 7: DELIVERY OF LEGAL NOTICE TO STEP 1: ADMINISTRATOR PERMIT DENIAL: NEWSPAPER The petitioner applies for a Building Permit and The petitioner,picks up the legal notice from the Office receivers a Zoning Bylaw Denial form completed by the of the Zoning�Board of Appeals and delivers the legal Building Commissioner. notice to the local newspaper for publication. STEP 2: SPECIAL PERMIT APPLICATION FORM STEP 8: PUBLIC HEARING BEFORE THE ZONING Petitioner completes an application form to petition the BOARD OF APPEALS: Board of Appeals for a Special Permit. All information The petitioner should appear in his/her behalf, or be as required in items 1 through and including 11 shall be represented by an agent or attorney. In the absence of completed. any appearance without due cause on behalf of the petition, the Board shall decide on the matter by using STEP 3• PLAN PREPARATION: the information it has received to date. Petitioner submits all of the required plan information as cited in Section 10 page 4 of this form. STEP 9: DECISION: After the hearing, a copy of the Board's decision will be STEP 4: LIST OF PARTIES IN INTEREST: sent to all parties in interest. Any appeal of the Board's The petitioner requests the Assessors Office to compile decision may be made pursuant to Massachusetts a certified list of Parties in Interest(abutters). General Law ch. 40A sec. 17, within twenty (20) days after the decision is filed with the Town Clerk. STEP 5: SUBMIT APPLICATION: Petitioner submits one(1)original and 10 Xerox copies STEP 10: RECORDING THE DECISION AN.D PLANS. of all the required information to the Town Clerk's Office The petition&rJi responsible for recording certification of to be certified by the Town Clerk with the time and date the decision„Mylar, and any accompanying plans at the of filing. The original will be left at the Town Clerk's Essex County.North Registry of Deeds, 381 Common Office, and the 10 Xerox copies will be-left with the St., Lawrence MA, and shall complete the Certification 9 of Recordin }'form and forward it to the Zoning Board of Zoning Board of Appeals secretary- , 9 Appeals and'the Building Department. IMPORTANT PHONE NUMBERS: 978-688-9533 Office of Community Dev. & Services North Andover Town Hall 400 Osgood Street 120 Main Street - North Andover, MA 01845 North Andover, MA 01845 978-688-9542 fax for all Community Development offices 978-688-9545 Building Department 978-688-9501 Town Clerk's Office• Zoning Board of Appeals Office 978-688-9566 Assessor's Office d PAGE 1 of 4 r NOV 5 r 2004 . ..._ . BOARD OF APPEALS ` Page 1 of 1 Date and Time Stamp Application for a SPECIAL PERMIT North ANDOVER ZONING BOARD OF APPEALS Phase cow l+vte�hit', ems� >�Q i�6lo�w� � W4, sS� a 1. Petitioner: Name, address and telephone number: Bell Atlantic Mobile of Massachusetts Corporation, Ltd., d/b/a Verizon Wireless 400 Friberg Parkway, Westborough,MA 01581 *The petitioner shall be entered on the legal notice and the decision as entered above. 2. Owners of Land: Name,Address and Telephone number and number of years under this ownership: Beniamim G. Farnum, 397 Farnham Street,North Andover, MA 01845 978/725-4954 Years Owned Land: Kings Grant to the Farnham Family 3. Location of Property: a. Street: Five Boston Hill Zoning District VR b. Assessors: Map Number 107C Lot Number: 11 C. Registry of Deeds: Book Number 1656 Page Number: 94 (Essex Probate 350363) 4. By-Law Sections under which the petition for the Special Permit is made. Sections 9.1 and 9.2 *Refer to the Permit Denial and Zoning By-Law Plan Review as supplied by the Building Commissioner. 5. Describe the Special Permit request: See memorandum in support concerning the addition of three panel and one dish antennas to an existing wireless communications facility, located on the subject property. *The above description shall be used for the purpose of the legal notice and decision. A more detailed description is required pursuant to the Zoning Board Rules and Regulations as cited on page 4 of this application. BOSTI-842098-1 Page 2 of 2 Date and Time Stamp Application for a SPECIAL PERMIT North ANDOVER ZONING BOARD OF APPEALS 6.a. Existing Lot Open Percentage Lot Area Space Lot Frontage Parking * Minimum Lot set Back Sq. Ft. Sq. Ft. Coverage Feet Spaces Front Side A Side B Rear N/A N/A N/A% N/A N/A N/A N/A N/A N/A b. Proposed Lot (S): Open Percentage Lot Area Space Lot Frontage Parking * Minimum Lot set Back Sq. Ft. Sq. Ft. Coverage Feet Spaces Front Side A Side B Rear N/A N/A N/A% N/A N/A N/A N/A N/A N/A C. Required Lot: (As required by Zoning By-Law) Open Percentage Lot Area Space Lot Frontage Parking * Minimum Lot set Back Sq. Ft. Sq. Ft. Coverage Feet Spaces Front Side A Side B Rear N/A N/A N/A% N/A N/A N/A N/A N/A N/A 7.a. Existing Buildings: Ground Floor Number of Total Number Square Feet Floors Sq.Feet Use of Building* of Units N/A N/A N/A N/A *Reference Use Code numbers and Uses from the Zoning By-Law. State number of units in building. b. Proposed Buildings: Ground Floor Number of Total Number Square Feet Floors Sq. Feet Use of Building* of Units N/A N/A N/A N/A *Reference Use Code numbers and Uses from the Zoning Ordinance. State number of units in building. Page 3 of 3 Date and Time • Stamp Application for a SPECIAL PERMIT North ANDOVER ZONING BOARD OF APPEALS 8. Petitioner and Landowner signature(s): Every application for a Special Permit shall be made on this form which is the official form of the Zoning Board of Appeals. Every application shall be filed with the Town Clerk's Office. It shall be the responsibility of the petitioner to furnish all supporting documentation with this application. The dated copy of this application received by the Town Clerk or the Zoning Board of Appeals does not absolve the applicant from this responsibility. The petitioner shall be responsible for all expenses for filing and legal notification. Failure to comply with application requirements, as cited herein and in the Zoning Board Rules and Regulations may result in a dismissal by the Zoning Board of this application as incomplete. Signature • ��� S ` —c� Type above name(s) ere Michael S. Giaimo, Esq.,as attorney for Verizon Wireless(in accordance with Para raph 7 of the Option and Lease Agreement between Benjamin G.Farnum and Verizon Wireless dated August 8, 1984, as amended. 3�d;• �'°� Zoning Bylaw Review Form Town Of North Andover Building Department '• 27 Charles St.North Andover,MA 01845 Phone 97114114 11646 Fax!711-5664642 street: `, �, ,a /d�S ✓rN �Ile ? C / Applicant ef"/2uro wlreLess :j'v v '-AIA. ill R !left: I�oP I�u v .3 PAwFI AN-le&„NgS 1 DkSh AO fftbik- i'4CiL,� Date: o ri o Please be advised that afier ra ' of your Application and Plans that your Application is DENIED for the following Zoning Bylaw reasons: Zoning V--P, nm Notes ItMrl Notes A Lot Area F Frontage 1 Lot area Inti ficdent t Frontage Insufficient 2 Lot Area Preexisting e .L Frontage Compiles 3 Lot Area Com fes 3 Preexisting frOntsgs `� S 4 insufficient Information 4 Insufficient Information B Use S No access over Frontage 1 Allowed G Contiguous Building Ana 2 Not Allowed 1 Insufficient Area 3 Use Preexists 4 r-!5 2 Compiles 4 Special Permit Required "e5 3 Preexisting CBA 5 5 Insufficient Information 4 1 Insufficient Information C Setback H Building Height 1 All setbacks comply 1 Height Exceeds Maximum 2 Front Insufficient 2 Complies 3 Left Side Insufficient 3 Preexisting Height e 4 Right Side Insufficient 4 Insufficient Information 6 Rear Insufficient I Building Coverage 6 Preexists setbacks y S 1 Coverage exceeds maximum 7 Insufficient Information 2 Cove Compiles p Watershed 3 Coverage Preexisting lie 3 r1 Not in Watershed e S 4 Insufficient Information 2 In Watershed j sign N 3 Lot 'or to 10124/94 1 Sion not allowed 4 Zone to be Determined 2rmSign Compiles 5 Insufficient Information 3 Insufficient information E Historic Disbict K Parking V A 1 In District review required 1 More Parking Required 2 Not in district jes 2 Parking Complies 3 Insufficient Information 3 Insufficient Information 4 Pi;:i;istsng Parking Rernedy for the above is checked below. Items Special Permits Planning Board Item s Variance Site Plan Review Special Permit WIPGLeS5 Setback Variance Access other than Frontage Special Permit Parking Variance Frontage Exception Lot Special Permit Lot Area Variance Common DrMwft Special Permit Height Variance Congregate Housing Special Permit Varierae for Sign Continuing Caro Retirement Special Permit Special Permits Zoning Board Independent Elderly Housing Special Permit Spedel Permit Non-Conforming Use ZBA Large Estate Cando Special Permit Earth Removal Special Permit ZBA Planned Development District Special Permit Special Pernit Use not Listed but Similar Planned Residential Special Permit Special Permit for Sion R-6 Density Spacial Permit Special permit for preeidsting for li Watershed Special Permit The above review end atachrd eipierrntiar d such is based an the piens and infanneton abmlbd. No dame review and or afta"be bend an verbal e4lanslfarr by the epploant nor da such vsrbY a 1,1 Hone by to apple"a rve to prwfds delk*n arsaare to the above reaeme far Any woex rvaim rtnMlaainp YNonrdbn,oratter s bee*wd changes toft h ftnnebu elbrmified byte appirart clad be graurift for ties rewive lobe vowed at tre dtecrslion d tr Bukiing Daimbrerd.The dteched doasrrrd OW'Ren ReAm Nerr>ytva'shot be albchsd 1 and NoorparaMd twain by rdererroa. The bu*kg deparbrrnt vA rslaln a1 plane erd Ona wddton for the ebove fL.You must life a naw peri aPOICOM form ad begin tr//p//emrblrg pro=w o=w dyyf J_�7�� /0 7 JO/13 Dc Building Department Official SigneVa Applahon Received Appl' Denied Plan Review Nan'ative The following narrative is provided to further explain the reasons for DENIAL for the APPLICATION for the Property indicated on the reveres side; a r'CT/ 100, Ll SS Spnt�,C`f c� �f j s Biu e k H,.SS .0 c•� d'r load, P'K w/4/4-, >'Ae. %m u ti rpov � iIUNr �. l�ouJ �� •tc��.c.v� �GvsJIP����.� m� lca, re-eQ d.J oA LP1 f rtzc icE l-Qei �rY� TK�v �7'E `fO�vn� R Referred To: Fire HmM police Zoning Board Conewyation DepwWwd of Public Works Plannin Historical Commission Omer Building ant TOWN OF NORTH ANDOVER ZONING BOARD OF APPEALS APPLICATION OF BELL ATLANTIC MOBILE OF MASSACHUSETTS CORPORATION,LTD. D/B/A VERIZON WIRELESS FOR A SPECIAL PERMIT OR FINDING ALLOWING THE EXTENSION OR ALTERATION OF A NON- CONFORMING USE Site Address: Five Boston Hill (1275 Turnpike) North Andover,MA 01845 Map and Parcel: Map 107 C, Parcel 11 =` Zoning District: Village Residential (VR) - Applicant's Address: 400 Friberg Parkway Westborough,MA 01581 Subject: Application for a Special Permit Under Sections 9.1 and 9.2;North Andover Zoning Bylaw A. Introduction The petitioner Bell Atlantic Mobile of Massachusetts Corporation, Ltd. d/b/a Verizon Wireless ("Petitioner")has petitioned the Zoning Board of Appeals for a Finding Under Section 10.4 seeking to reverse the Building Inspector's determination that a Special Permit pursuant to Section 8.9 of the Zoning Bylaw is required for Petitioner to install certain additional antennas to an existing wireless communications facility located at Five Boston Hill in North Andover, Massachusetts (the "Site"). The Petitioner's position is that in light of previous decisions by this Board in 1957 and 1982,no further zoning relief is required for the addition of antennas contemplated by Petitioner. In the alternative, and with a full reservation of its rights,the Petitioner seeks a special permit from the Zoning Board of Appeals pursuant to Sections 9.1 and 9.2 of the Town of North Andover Zoning Bylaw to authorize the addition of the proposed antennas. 1. Proposed Addition The existing wireless communications facility on the Site is an 85 foot high antenna support tower, constructed in or about 1957 out of concrete. It contains numerous antennas and other types of communications equipment operated by multiple communications companies that lease space on and within the tower, including the Petitioner. The Petitioner now proposes to upgrade its existing antenna installation by the addition of three panel antennas and one dish antenna on the sides of the concrete tower, as shown on the plans submitted with the permit application to the Building Department(the "Proposed Addition"). A copy of these plans is included with this BOSTI-842090-2 Application for a Finding. The purpose of the Proposed Addition is to improve wireless communications service in North Andover. 2. Building Department Denial The Petitioner filed an application for the Proposed Addition with the Building Department on October 7, 2004. The Building Department denied the application on October 8, 2004 on the grounds that the Proposed Addition-required a special permit pursuant to Section 8.9 of the North Andover Zoning Bylaw(the "Building Department's Decision"). A copy of the Building Department's Decision on the Zoning Bylaw Review Form is included with Petitioner's Application for a Finding. Concurrently with the filing of this Application for a Special Permit under Sections 9.1 and 9.2 of the Zoning Bylaw,Petitioner is filing a separate Application for a Finding that the Building Department's Decision should be overturned and that the Proposed Addition should be allowed under the 1957 and 1982 decisions of this Board,without any further zoning relief required. 3. Permitting History In 1957,the North Andover Zoning Board of Appeals (the "ZBA")issued a"variance"decision with conditions,to erect and maintain, among other antenna and equipment structures on the Site,the following: "One radar antenna support tower concrete construction eighty-four(84') feet in height surmounted by a sixteen(16') foot driving mechanism upon which will rest a reflector(antenna) . . . which in turn will be surmounted by an IFF antenna . . . . The total height of the structure from the ground to the top of the IFF antenna will be one hundred thirty-two (132) feet." The 1957 decision indicates that it allows"certain radar towers for research and experimental I urposes to a height in excess of that permitted by"the height provisions of the zoning bylaw and clearly states that the ZBA made a motion to grant a"Variance." In 1982,the ZBA issued a decision [Petition No. 22-82]with respect to the Site'in order to change certain aspects of the 1957 variance decision. The 1982 decision stated that it "essentially clarifies and confirms the variance originally granted."It stated that,"attached to the concrete tower there can be antenna and transmitting dishes,not to exceed a total height of 140 feet."The Board stated in this decision that"these minimal changes would extend the rights already granted by the variance, and clarify the petitioner's rights and ability to use the variance originally granted to MIT." The effect of this decision is to authorize the addition of antennas to the concrete tower without need for further zoning relief provided that the 140 foot height limitation is not exceeded. In 1984,the ZBA granted a Special Permit [Petition No. 51-84] to the Petitioner's predecessor- in-interest for installation and use of additional equipment on the fifth floor of the concrete tower building, and the placement of certain antennas on the top of that building. 2 In 1997,the ZBA granted two Special Permits to Sprint Spectrum L.P. and Omnipoint Communications [Petition No. 024-97] in order to extend the non-conforming use on the existing structure with the installation of certain wireless communications equipment. The ZBA found compliance in both cases with Section 9, Paragraph 9.1 of the Zoning Bylaw that such change, extension or alteration shall not be substantially more detrimental than the existing non- conformity to the neighborhood. In 1998,the Town of North Andover at a Town meeting adopted an amendment to the North Andover Zoning Bylaw to add Paragraph 8.9 concerning Wireless Service Facilities. In particular, Paragraph 8.9 provides as follows: "No wireless service facility shall be placed, constructed or modified within the Town without first obtaining site plan approval from the Special Permit Granting Authority(SPGA). The Planning Board shall be the Special Permit Granting Authority for the issuance of a special permit to allow the placement, constriction and modification of wireless service facilities within the town." B. Argument The 1957 and 1982 Decisions establish that"antennas and transmitting dishes"may be added to the tower provided that there is no violation of the terms of the original 1957 variance, as amended by the 1982 Decision—the 140 foot limitation. The Petitioner's proposal would add antennas to the side of the concrete tower—well below the 140 foot elevation. With respect to the Proposed Addition,Petitioner contends as a threshold matter that the Building Department and the ZBA must abide by the prior ZBA decisions concerning the Site and permit the Petitioner to add antennas without need for zoning relief. Any imposition of additional restrictions and/or requirement of a special permit for the construction of the Proposed Addition would constitute substantive modifications of prior ZBA Decisions in contravention of Chapter 40A, Section 14 of the Massachusetts General Laws. See M.G.L. Ch. 40A, Section 14. To the extent that the Zoning Board of Appeals does not agree with the foregoing analysis, Petitioner seeks in the alternative for the ZBA to approve the additional antennas as an expansion of the lawful pre-existing non-conforming use of the Site. In accordance with Section 9,Paragraph 9.1 of the Town of North Andover Zoning Bylaw, "any non-conforming.building, structure or use . . . ,which lawfully existed at the time of passage of the applicable provision of this or any prior Bylaw or any amendment thereto may be continued subject to the provisions of this Bylaw."(Emphasis added). Paragraph 9.1 further states that such non-conforming use "may be continued in the same kind and manner and to the same extent as at the time it became lawfully non-conforming"and may only be"changed, extended or enlarged . . . as may be permitted by a Special Permit or otherwise by the North Andover Board of Appeals." Finally, Paragraph 9.1 concludes that a pre-existing non- conforming use as a matter of right"may be extended or altered,provided that no such extension or alteration shall be permitted unless there is a finding by the board of Appeals that such change, extension, or alteration shall not be substantially more detrimental than the existing non- conforming use to the neighborhood." (Emphasis added). 3 Paragraph 9.2 of the North Andover Zoning Bylaw provides additional review criteria to be followed by the ZBA when presented with a proposed change, extension or enlargement of a non-conforming use, including that such change (i) shall be approved by a Special Permit or otherwise by the Board of Appeals; (ii) shall be permitted only upon the same lot occupied by the non-conforming use on the date that it became non-conforming; (iii) shall not exceed an aggregate of more than 25% of the original use with respect to volume, area or extent; and(iv) shall not be permitted if it tends to lengthen the economic life of the non-conforming longer than a reasonable period for the amortization of the initial investment. As shown in the plans submitted herewith, and as will be further demonstrated by Petitioner at the public hearing on this matter,the Proposed Addition satisfies the criteria by which the ZBA can approve extensions or alterations to non-conforming uses. First,the Proposed Addition shall not be substantially more detrimental than the existing non-conforming use to the neighborhood. Second,the Proposed Addition shall be located on the Site,which is the same lot as the pre- existing non-conforming use. Third,the Proposed Addition will not exceed the 25% limitation on expansion of its non-conforming use. Fourth,the economic life of the pre-existing and non- conforming use will not be extended, since the building exists and will not be substantially changed. Finally,the Proposed Addition is in harmony with the general purpose and intent of the Zoning Bylaw and adequate and appropriate facilities exist for the proper operation of the proposed use. C. Conclusion Therefore,with full reservation of its rights under local, state and federal law,Petitioner respectfully requests that the North Andover Zoning Board of Appeals grant Petitioner's Application for a Special Permit under Paragraphs 9.1 and 9.2 of the Town of North Andover Zoning Bylaw in order to add the Proposed Addition to the existing wireless communications facility on the Site. Respectfully submitted, Verizon Wireless By its attorney _-C-4 4.,Q- ,5 ,,, Micha 1 S. Giaimo,Esq. Robinson& Cole LLP One Boston Place Boston,MA 02108 Date: November 5,2004 4 Abutter to Abutter( x ) Building Dept. ( ) Conservation ( ) Zoning ( ) Town of North Andover Abutters Listiq REQUIREMENT: MGL 40A,Section 11 states in part"Parties in Interest as used in this chapter shall mean the petitioner, abutters,owners of land directly oppositeon any public or private way,and abutters to abutters within three hundred(300)feet of the property line of the petitioner as they appear on the most recent applicable tax list,not withstanding 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." Subject Property: MAP PARCEL Name / Address 107.0 11 Farnum,John C. v 0 Turnpike Street North Andover,MA 01845 426 Farnum Street Abutters Properties Map Parcel Name ✓ Address 107.A 149 Boston Hill Development, LLC 100 Andover-By-Pass#300 North Andover, MA 01845 107.A 40 John Farnum 426 Farnum Street North Andover,MA 01845 107.A 42 John Farnum 426 Farnum Street North Andover,MA 01845 107.A 249 John Farnum 426 Farnum Street North Andover,MA 01845 107.A 250 John Farnum 426 Farnum Street North Andover,MA 01845 107.A 252 John Farnum 426 Farnum Street North Andover,MA 01845 107.A 253 John Farnum 426 Farnum Street North Andover,MA 01845 107.A 254 John Farnum 426 Farnum Street North Andover, MA 01845 107.A 255 John Farnum 426 Farnum Street North Andover, MA 01845 107.0 13 Trustees of Reservation V/ 527 Essex Street Beverly, MA 01845 107.0 68 John Farnum 426 Farnum Street North Andover,MA 01845 107.D 35 Boston Hill Road Trust 68 Boston Hill Road North Andover,TAA 01845 107.D 36 Boston Hill Road Trust' 76 Boston Hill Road North Andover,MA 01845 107.D 37 Trustees of Reservation 572 Essex Street Beverly,MA 01915 107.D 38 Trustees of Reservation 572 Essex Street Beverly, MA 01915 107.D 39 Trustees of Reservation t 572 Essex Street Beverly, MA 01915 Page 1 of 1 This certifies that the names appearing on the records of t�7s., essors Office as of / v3 Certified by: Date" v�e�ri�wireless - VERIZON WIRELESS 400 FRIBERG PARKWAY WESIBOROUGH.MA 01581-3956 wirveless erizQn NORTH ANDOVER NORTH ANDOVER PERMIT DRAWINGS E 08/13104 FORSUBMRTAL D 08/06/04 FOR COMMENT TURNPIKE STREET G 071804 FOR COMMENT 8 06/28/04 FOR SUBMRTAL A 01/15/04 FOR COMMENT NORTH ANDOVER, MA 01845 Dewberry Dewberry-Goodkhd,Im. JI ST—. ADE. easrD�x,Aulu mile SKr F,P S I. �,.' SLIT ADDRESS: N�• —CRIPOON 02� aOy� \ i ffTE NAM• Tur—WE STREET g 6RADFORD A. N NORM ANDCAR NORM ANDOVER,MA 01613 i. \j•.� w '•�. s`_ Ij .MILLS I PROPERTY awNFR: zDNINO e1sTRlcr: T-1 TME SHEET CML `�w ylb JOHN C.FAANUM MMACE R6EIENIK DISTRICT P-1 PINI_1 No.33966 ENGINEER FARNUM STREET OEwwom-COOMMO.INC. NORTH ANDOYM MA Olm P-1 ABUnF1Ci NN-a V y 31 ST...MES AVENUE SSIONALEI�3. BOSTON.MA 0211e \`. ! PHONE ( PROJECT OEKI OPER• PHONE P-3 SME PIIN FAX (617)617)e0.5-J100 605-3310 4ERZION MROMS • ff �`�, 400 FROM PARKWAY P-1 FAST k WEST ELEVATIONS DRAWN 0, CIO :'SITE MY.ATK.N: - CONODO PARgT F.RVBTY W6TBOP XK MA GIMI-3956 PROJECT DIRECTORY P-S NORTH r SOUTH EuvAnDNS REMEWED Br. 9eR ``�,1A pTMR SYS. G EUECIRIc untfiY: M\AACHUSERS ElECIRO COMPANY(900)322-3223 p- ANTENNA MOUNTNO DETNLS CHECKED On FPe HOIN,•. SOUTH RDAO TME SIR WILL CONSIST OH ADDINC(3)TIAE[vANE3, l� BFDFOFA MA 01730 TO EPMONF L: O.W.ITY• ANTENNAS(ONE PER SECTOR))TO IX511N0 YflK2OH MOUNTS. PHONE (aB»aBi-7318 POwEII AMO TELCO MRL BE fAMEN EHON IXSINO BUKIMNC D. .PROJECT NUMBER 373A-01 YERQOII(000)670-BYB9 $UPPUES FM pet 271-1018 IlefS OLMO eNFFT: CONTACT PATRICK MACORMAWr.PLS. 1A.RENCE PROJECT DESCRIPTION \' NDRnONrA m7T:_: NORTH AMDUCA N DATUM Of IBA(NN0.3) TNS DOCUMENT WAS RV60Pm TORFAEECT A SPECPIC SIZE 9TE AOORESB AND Trs SIZE CONOIfTOMS ANO S MOTTO E USED FON DENIER OF PROPOSED LPASE AREA: AgMER SITE OR WHEN OTHER ODNMOONS POTTAK REUSE OF TBS DOCUMENT SAT THE SCLE RM WINE USER. WINDE:4T30'4S.B3'IJNMGrIpE 71'OS']7AB' TURNPIKE STREET ADA CMPUAHM NORTH ANDOVER, MA VICINITY MAP N.T.S. CONSULTANT TEAM PROJECT SUMMARY FArnm 6 UNMANNED AND NOT FOR HUMAN KWATION. SHEET INDEX SHUT TITLE dROC110N4 FROM iKSIOHt TAM¢RTE 03 NORTH ro ERR 41. TITLE SHEET MERGE ONTO SR-125 NORM IN 20 MIE4 TURN R+CNr INTO HAROLD PARLOR ROAD FOR IA MES. TURN LEFT ONTO JENKaS ROAD. JENMINS ROAD BECOMES BOSTON SMEET. SHER NUMBOt THE ACCESS ROAD WILL BE ON THE SEPT.PATr BOSTON HKL AD. ------------------ " HALF SIZE PRINT . ,M3 pMW.q S RO'JEIBIE T- 1 1 A:HATE,HE NOim 3rwE I LEGEND m �� / wireless -!---— IAau PROPERTY UNE 30D•nta14 PROPERTY ------- —-.--------- --------_ Z, VERIZON WIRELESS / C.C FARNU 3DXN FMMUY / � \ KB IARNW sr. �'�'�'r TaEE VNE 400 FRIBERC PARKWAY N, .a, Mnun POU: WESTBOROUGH.NA 01581-3956 \ CONTOUR 21o.107A-245 \1 \� \ A Q FREE eA.nA NDDw.6 L1G! ` \\\ , /a Y rEaa 300'---SET-K D4.a OPPk 4832 Paq 0137 \ 1=70 Tu zy 1 a�'1,a,mA-o,w 1" d�rW \ NORTH ANDOVER / wElr�1J1 SPltm St/7i K 1 w+aar,NA o1B43 / 1 DAM Boot 4PJ2 PeOr 01 27 210.107A-235 ` \ Y. N O wBJOHNFAAMIY PERMIT DRAWINGS - E 08/13J04 FOR SUBMITTAL / KAIBUAwl11 \ s�Y? 0 08/06/04 FOR COMMENT nq\ C 07 19 04 FOR COMMENT 21o.107A-ta7 \ �gi�\ B 06/28/04 FOR SUBMITTAL \ /',l/'' /r -•,,..,,.yxl� \`�'Y�' DIgNuYST. 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N/A ABUTTERS PLAN r�� s1EET NUYBER H-F SIZE PRINT � P—1 Ousts:m" AT NkF WE vrerlma wireless ATCH UNE Pt i _ �r�.- - \ \ \ \ MATCH UNEP-1 1�FR BERG PARKWAY WES400 ROAN, MA R)CWAY7956 I I \ \ I \ NORTH ANDOVER eF 20..0.4,0.6 1 4x6 F—A C "� PERMR DRAWINGS \ T� x,o.1o76-u I E 05/13/04 FOR SUBMITTAL I , -426.D.Famua D 05/06/04 FOR COMMENT 429 Femun a I C 07/19/04 FOR COMMENT B 06/28/04 FOR SUBMrrTAL FFFp r'� IV A 01/15/04 FOR COMMENT � I 1 D 1 210.1078-13 1 TrvN11W 2R m�111-Ch.-A st I \ '0 > 26 F mwnFwnvaMl Dewberry W 01616 I I \ Dewberry-OoodMnd,Inc. 33 I \ oI -z_l '6osrow.r.m„6 210.1070-6 n10r2:sowiosa6 C.f— ti) 1 ti)^ 7 1426 Fa a I I \ y TTS pl 4d Rl tF'-F sr. \� BMFORD A. Gm. ILLS CIVIL ri 1 0 I I I N0.33966 \ � 210.1076-67 I � R.Q uey�Rdal. I I \` � 10 6w1m a, I SfDNALE BOSTON H/LL ROAD al Fa...„ F-66 1,1,C. I `� 1425 F—A " DRAWN BY: R41 210.107.0-0035 I I REYIENED 6Y: BBR am_MI Road TrvA a MBwan 116 R Ss ' I 1 210.t07D-0036 .1Og9-W M CHECKED er. PPo WBn6 76 6aatfm a 411 im K Md.-. I I \ Boi1vn S W i T- sass I 210.1079-0062 N BONen s1. 11 N 6oaloo HN Thad MNAOA J k A L.U& O.W.PRo.CCT NUMBEfp 37N 1 \ Yo16RF 76 OV NY Rd I i �I'«"^^'� / 2,0.10]8-0063 I \ K IndahA W 0160. ' N.k.'...W o161s 1 IlklhvMr 3.'pi 76 I \ I x,o.t079-0011 / 1 0.6 Boum Rand I \ ' Own 32 d6Mm RYad f--•'- --—/ 2t0.to7x a N.kd .m-o I SITE ADDRESS 210./070rym moo. a k / .so o Ya SL \\ 771 M0aN1C 0.6 BeMmt a�N.Mdewr, / TURNPIKE STREET NORTH ANDOVER, MA SHEET,,,LE LEG ONDSO LL SE11MVi ReRMIGENIS-Y2xACE REvoDRYL END Nte ABUTTERS PLAN PRDPOM wu:1•.W-o- ABUTTERS PIAN — II YNMIY F110Nf MMD: N A Wr 25 FT. 373"'* -,*---- "'C'm WS PR Wo"'m Y66M.M SIDE T,,AO: is R. 166 R.k D' 60' 1.001.00 YHIMIN 16"IR YOM b ff. 251"A P0.0PER1'!IRIS � SIIEEf NUY6E7t W%NOW. 55 Fr. 70 R; /wY`n TREE ENE GFiWWC sm MNWN LOT FRONrAve 35 R. N/A HALF SIZE PRIN'C MFA: 04& u. Soo'PROPFA7Y StT eACN iHa DFAMIHO a SCALFABIi AT HNF THE NOiFD 9GIY P-2 MGENERAL NOTES 1.)FIELD SIRWM MAY 15,2002 2)HOR2.DATUM:NORM AME MAN DATUM 1937(NADCT) SNEp /' PROT'OSFD 3.)NRTCAL DATUM"M29.TO FM-2C ACCURACY. ANTIENN VEfiQON2 A,)TAY M.121CIOM" (Ca COSTING FR.E) r-9 5.)SIE ADDRESS IURNPOGE STREET y[ 1'EMExi �Ey /iLp Elmxc�ETzaN NORTH ANDOVER.MA OI01845 MEE UNE �}� / ^i`, -TE--I� 6.)OMNFR JOAN C FN°MUM•`,\ �'-3) 429 FARNVM STREET NORTH ANOOVM MA 01541 I/E RIBERJZ0N WIRELESS SIE NORTH ANDOVER 100 FRIBERG PARKWAY WES(BOROUCN,MA 01581-7956 �� ExISTNK 20'.20' 6)APPMI' T ANDOV PROPOSED = EOUPMENT 9.)JM6SIICTOM TOWN OF NORTH ANDOVER 1 WRdN ANTF111W /% / 1°04 MOOR /�. 10 071E RuxRE NI -NO OEED RECORD mum. M EXRRNO NPE 1101RNT `\ 11.)FLANReiEtD16.S PLAN 5X45 Pi �� ESSEX MREGISTRY M, ® 0s 12)OEVATONS ANOD NOIDINAIFS LATIN FM-2C ACCURACY.`'' la)UNDERGROUND U7uDEs WERE NOT NYFSRGArtO. NORTH ANDOVER \4:• M�O. �,/ MASSACHUSETTS LAW REOGRES 72 HOURS ADVANCE NOTICE \\`JV/ TO UTUTY COMPARES BUORE O4O%ND BY ANYONE \\6 CALL DIG-SAFE 1_500-D SAFE 14.)PROPERTY WE NORMATM M COMPILED ONLY.NOT AN \ I� ACCURATE BOUNDARY SURVEY. \\ EEISTING CONCRETE TOWER 1C)ZdBNC NUAQ RESDCIIML d1TO SCT. AG.L.ELEVRNN) PERMIT DRAWINGS 1� 157 All.BEARINGS 1151FD ARE REERICID I.CRID MORM w ` N TMNN p�� M ENO POLE, ARCM ANTENNA 1 'O,uP/J. uTurr POLE,x1R6ER t CARPoER LA 08/13/04 FOR SUBMITTAL ECCE '�, EISTNG PPE MOUNT P-6 DTM" TV-ON O/E MAN.0 E 08106/04 FOR COMMENT B! O9M BEY"MANHOLE 07/19/04 FOR COMMENT :d GRAM MANHOLE up 06 28 G4 FOR SUBMITTAL $ OOW EIECTM MANHGEuv tR jU,( FM MDRANT 01/15/04 FOR COMMENT M" TOWER PLAN 04 DAB DATE SCALE"'-10'� 2 04 CB cCaONE SOUND FOUND Dewberry X130.0 5407 ELEVATIONOWNC SAL ,D 5'SEC_ 6'MM MAYA UMN FENCE /pA� asp _MW_ OVER HEAD NRE Dewberry-Goodkind,Inc. �P NFB PdNT_E 9r 10P a faNOETE TOWFA -124- CONTOUR a18T..MMfB AVE P / - RAT:,N4S3543.93'NAD6] FLOW IDNG WMIOV].49• MAN CURB(TYPE) e�TOM.e4A wI1• 11 30807]6 N .) SNS67 aWME•a9•.D� U P GROUNTam"D L(K) ENT EDGE OF s 'A . A, ) MCAD CONN CONCRETE R. EOP CC1C CONCRETE PAVEMENT _ y7 TOP TA O ST TON TdA 9'40.7 R. I,vAC 9 TDP TALLEST TONER 529'Off.N C NvaC OOMGNACC AND ELEVATIONS WT•N SW SD ft' .r y FM-2C ACCURACY SPEC51GlICS BODG BUIID9D O G M'AC BRADFORD A. y MD.361 NETT NEW ENOIAND lEIIM10HE t IEEOlAP11 MILLS TOWR CONC.TOWER GRAN ORMIIE O FAOE TO`.ELEV. Y7 P12T VP OF PARAPET E1EVATKN U l Ji 4a '0 86► T R123' IOP O'ROOF E2EVAllCM. No.33866 q. V \ 1.NOT ALL COSTING EWIPMONT 910WN FOR CLARITY. OM2]• NCUND ELEVATOR UTILE FRAME ( TOWERTW. W ROOT VENT PIPE . rr} 2 e R6. RD ROof DRQN SfpNALE 29' \ X-% ll` aNMT FAN - /ST WILL HOLE STONE BOUND FOUND R E CE TANK RWMp `^ (r DNCISMAL SE15ACf MO UNdENTS-VLEACE RESOENTAL DRAWN 9Y: WW mouimEo I PRroogo £X/ST/NG CONDMONS GRAVEL MMMUII FRONT YAM 25R. 375 R.! RENEWED 'n ®II DRIVEMNMIAI EVE YARD: 13 R. 166 Rs TURNPIKE STREET 21I YARD: WARN REM ]0 R, R.! �k NORTH ANDOVER, MA CHEMED sr. PPe P WMX IRp/T es R. 70 rTA .. 1 COMBu KwOHT 1NNW LOT FRONTACL- 35 R. N/A SCA([7'-20' MAY FMS 2007 OZ.PR0.[C2 Hu,mam 37X-01 BUp.DING IDT AREA 43,580 9.F. N/A 91RKYFn R GROMO ARRAY OF NOME EASY SURVEY COUMUNCAD NS LEGENO J"5W7N ROAD,ROWWA W 017JO DISHES (V TaL(557)5W-2319 F-(751)Yn-1019 TREE UME SIE AODREss �`" b .TINY POLE DNW Df P.McCORMAOE FLS MK` S/I6/200I EDGE a —TOM aeomNmv.MeeoDlAac,PLs rap„�,,�.tWSTE TURNPIKE STREET 0 TEE NORTH ANDOVER, MA FENCE I SENT MR1 r-< -•� SITE PIfW rte` EXISTING CONDITIONS muMm3E wALE:t•-20-0' HALF SIZE PRINT AT T•SNA17 TIE GNMNO P-3 �S 1GMEAGE —Z I NOTED SCNL r J y WND lWL ( _T00 OF UTTIC[SOWER TOR OF UiiICE I EQ_ E�'�Tgn 5]9'N,��. -ELEVI.ign 5S8 H.c.v.D. 1.NOT ALL COSlI010 EOLVUW SN SBR o,I . x vej iM .winless x REF a x-x Ac 1'EInON WIRELESS 400 FRIBERG PARKWAY WEMBOR000H,MA 01 381-39 3 6 E%Kp{G E185TING To.ER E TOWER TOWELOWER NORTH ANDOVER x x xx PERMIT DRAWINGS EXRnNc w1nR YISEHNe3(1W) ExIGTING WNIR u1f[NNe(TSR.) E Go/13/04 FOR SUBMITTAL 0 08/06/G4 FOR COMMENT C 07/19/04 FOR COMMENT XExSnnc SxFEiv RULwc(rw,) B 06/28/G4 FOR SUBMITTAL Ex1STING 5{FESY _ RALINc A 01/13/04 FOR COMMENT v/Na MMNwS E%ISTINGNXERIZON RECTOR B)(n'R�S) •NEL• )(—. p1KRNG MICROWAVE D5n (SECTOR D)(ivR.-8) rt Dewberry MAl N O O Ru+$nNc E A AT lu ELEV•rXH1 481.8'N.O.V.D. Aff E—S EuvuwN Dewberry-GoodMnd,Inc. •xi[xx• E N+iENN• it Sf..N3Es A3E. EL AMN{55.:WGN.D. E%ISipG MICROWAVE ELEVAigN{55.i N.O.v.OWits --gV[RRDN mnmA- CF13nNC MCROwAVE pyx OISx(SVR.'!) VE1nZa � Ft10r4:`tx.�s.. E1dVA1 .30.0'N,6W0. 8 ELEV�710N.30.9'N.G.V.D. Sste EµRnNG RANEL E ANTENw tt+RIAs Ex5n13G A OWASE Dt x E IwttNNA Z A ELEVAi {{8.{N.G.v.D. PROPOSID VERIZON .O) O 1 PISpp05EL vouro ELCVAnOX{a8,: Cy P ANivINAe e P�ANfEN1N BRADFORD A. m P-a o MILLS y CIVIL Eµ�snxc RANEL Q No.33966 iEnxA3 Y� 'C STEAD PSL c '• Exlsnuc 'Y ,CIONAL •XTENM CONCREtt Bw pNc J ` J ••e • 8 `• Y•, d+AWN BM~ q WW < w • • J < j RENEWED BY: sa+ EXISTING - aEC1ffD BY: rpe CONCNET '•� ` n BplDF1C • 8 0.01 PRO.ECC NYNBER: 71,N-Ot R • . n • �%NSrIXG •A• •Y -••. E%5i1NG S E AODRE99 • CONCRESE BOILDING E.'p G TURNPIKE STREET Ex—CE NORTH ANDOVER, MA 3 { , • SNEET TME G ND ELEVAnoN • a • GROUND ELEV•TION EAST & WEST .1 N.c.v.0. ELEVATIONS EAST ELEVATION WEST ELEVATIONT'" 3-410 1/0•.1'd sDtt10+/e•-+'-o• 2 HALF SIZE PRINT I . f®. . ,® 1109 DRAWIND B 24LlIL P-4—4 AT NYP,11E NOTED 3TILE WAC AAE OL1RC mu TDP Or U.a TOWER TDP or U—E TOWER ELEVA __TIDN________ 539'N.O.V.O. ELEVARON 3E9'N.O.V.D. ,.NOT ALL E]DBTND EDWLO/f 4fOMN FOR CVFtnY. veri— M III(' Tess x RET. : x–z VEPo20N WIRri x x PARKWS 100 FRIBERG PARKWAY WESiBOROUCH,11A 01387-3956 1"CE0 Exi9Ti UTnCE UTnCE TOWER TOWER NORTH ANDOVER x x x x PERMIT DRAWINGS EXISTING wwP ANTExNAs lTMP) E 08/13/04 FOR SUBMITTAL. DOB 08 04 FOR COMMENT E-T-WHIP C 07 T9 04 FOR COMMENT ExlsnNc sc� .NtENNa(ttP,) B 06/28/041 FOR SUBWrtTAL E%erinD suett E%isiwc pxisnxc 5Ar6tT A 01/13/04 FOR COMMENT En$nNC VERIION RNUND MICROWAVE NUNL vµElµiENNAS dSXE$ (SECTOR C)(ttv.-]) E%ISTiNL N:41 S vµEL ANTExNA9 (SECTOR B)(M.-J) '. Dewberry \J mNsnxc ANTCNNA O I OOW cc ANTENNA -3.. ENIA ELEVATION♦61.6'N.G.V.p. ELEL'ATION 461.6'x,p,V.O. Dewberty-GoodWnd,1— mfl� III E ANTENw _ G,µtENNA _ fL VFItlTAN NDF11NA5 TRO 0.00n A.E. ELCVAnON 453.4'N.O.V.D. ELEVATION 483A'N.o.v.0. - - E%ISTIN PANEL 60STON.NA LEtI6 ELLYAn01,161.6'NAVA. ExNAS vXOxE nt.s�ro __�w6zDN ANIA6M __- v9oP06ED NONCOM 4 Nl]iRON ANTENNA -_ Ep9INc FLEW1xM1♦80.9'N.C.VA NAEL w - ELEVATION 46x9'NAVA. uICRDWavE E NlTE.A e E ETI.G 1L ELE <`Z.-20N DISX /) µTExNA µFL _\ 04 446.4 N.L.V.D. O P_6 -- ELEVATION 446.4'N.O.VA. (EECTOAANtENNAS )A BRADFORD A. w vRD9osm vEwmN 3 f MILLS y E.S'—PANEL PRooaR ANEL q P-6 CIVIL �+ E crtow:vE No.33968 oisX 4Q- �o GSYEP� � SlONALE 4 Ex+ K PANEL J E-11.N PANEL l , On—S Mk lo) 1 TENNAS �( • DRAWN Br. ww RENEWED BY: 661E 4 1 wccxED 9c vre b D.C.I.FRO.ECT NLMBEA: 3734-01 • •4 1' SITE ADDRE64 CONCRU• . " ' BULDNLE TURNPIKE STREET 4 ExSnNc NORTH ANDOVER, MA CONCRETE • B D.e U' ' • SNEET mnz 1 " NORTH & SOUTH cRouNo EL[VAnON C—D ELENTI ' ELEVATIONS 301'N.D.VA. ]6I'N.O.V.D: SHEET NUNBGI SOUTH ELEVATION NORTH ELEVATION t BCA1F]t/0'-P-D• gu W.,/e•-t•-D• 2 HALF SIZE PRINT ♦ x® AT lIA TRIS OFLI INHEE NOIID SSO4E AT6 SC E P 5 4 x® CAL O mm 709E WNt 581E V�GY'l�Wireless 1)CONmACIOR 94ALL VEMY 00Nm1ONs OF EA VERIZON WIRELESS MWNT TO TAA DW 00foariNN ANO MPROX/REPUR 400 FRISERC PARKWAY AS NEEDf0. WESTBOROUCH,MA 01581-3956 Z)CWXVL CABLE SHALL VMIZE OOSRNO ROUTES AND PORTS {ROY THE EOU4IFNT ROOM TO THE ANTENNAS.CONTRACTOR 9411 INSPECT OISIIILO PORTS MD REPAR AS REOIM= NORTH ANDOVER DOSTINO NEN*E 'MqA 1MRQANTENNA40UNIfaNPERMIT DRAWINGS Ensnxc roKEREmsrWO vERzON E OB 13 04 FOR SUBMITTAL D 08 06 04 FOR COMMENT C 07 19.04 FOR COMMENT B OB 28 D4 FOR SUBMITTAL A 01/15/04 FOR COMMENT Ei5TNC vCrtiZEN SERER A ANTENNA Dewberry Dewberry•Goodklnd,Inc. a:R..MMTB AVE. aRE fLooR v BOSTON.AIA OrnO PRVA75TD f1•)NE:4Tr.Wa.NOa oTaAN nr aa'11a aRA 1Fr HF 41A DIST-iOKR Z� CyG E%TERq WALL BRADFORD A. T MILLS y CML NO.33966 PREEL 'OgO FG al�,`V� C".I PER SECTOR) sroNALE ORANN BW IYEU REVFKID RYc BBR PROMSm IIOIINIIIIO ERKMT EiSTwG 7—) EiSnNG NEMZOx r-FRAME CHECKED Bl: PPB SANTENNA MOUNT(TO REMNN) PANa ASECTOR A 0.0.1.PR03ECT NUMBER: 3734-01 ( PLAN\Q SECTOR B&C ��fid+ ELEVATION NEW R TOAµTTZR�A OvP:1) SECTOR B&C - 9TE*OcRESs ANTENNA MOUNTING DETAIL SECTOR A TURNPIKE STREET Scka N.T.S. ANTENNA MOUNTING DETAIL 2 NORTH ANDOVER, MA 90VE:N.T.S. 91ffT niLE ANTENNA MOUNTING DETAILS $MEET NUYBEA HALF SIZE PRM THIS DRNHNO S SCAE I�_6 AT ITMP LIF NOTED ED SCA{LE r (� ROBINSON & COLE LLP MICHAEL S.GIAIMO One Boston Place Boston,MA 02108-4404 Main(617)557-5900 Fax(617)557-5999 mgiaimo@rc.com Direct(617)557-5959 Via Hand Delivery November 5, 2004 C 1 Joyce A. Bradshaw, Town Clerk = Town of North Andover 400 Osgood Street - w North Andover, Massachusetts 01845 Re: Application to Zoning Board of Appeal for a Special Permit Bell Atlantic Mobile of Massachusetts d/b/a Verizon Wireless v' Five Boston Hill(1275 Turnpike),North Andover,MA Dear Ms. Bradshaw: Enclosed pursuant to M.G.L. c. 40A § 6 and Sections 9.1 and 9.2 of the North Andover Zoning Bylaw please find the following materials for filing with the Clerk of the Zoning Board of Appeals concerning the above referenced matter: 1. One (1)original and ten (10)copies of Application for a Special Permit; 2. Memorandum in Support of Application for a Special Permit; 3. Ten(10) copies of Plan of Land and Proposed Addition; 4. Check made payable to Town of North Andover for the Administrative Fee of$50.00; 5. Check made to Town of North Andover-#022-1760-4841 for notification fees in an amount not to exceed$500; and Law Offices 6. A certified list'of Parties in Interest from the Assessor's Office. BOSTON Four(4) sets of mailing labels for the Parties in Interest List will be provided HARTFORD by overnight mail for delivery to your office on Monday,November 8,2004. NEW LONDON STAMFORD GREENWICH n NEW YORK D 11= IIO 2 SARASOTA IVVVJ U �C D www.rc.com BOSTI-842092-1 NOV 5 2004 BOARD OF APPEALS ROBINSON & COLELLP Town Clerk, Town of North Andover November 5, 2004 Page 2 The Petitioner is filing this petition in order to preserve its rights in light of pending litigation in Massachusetts Land Court brought by others concerning the facility that is the subject of these petitions. The petition is submitted with full reservation of all of the Petitioner's rights under federal, state and local law. Please contact me with any questions regarding the enclosed materials. Thank you. Sincerely, n Michael S. Giaimo Enclosures Cc: D. Robert Nicetta, Building Inspector Zoning Board of Appeals, Clerk Amy White Francis A. DiLuna, Esq. Nov- 05 04 08: 53a NORTH ANDOVER .97.86889542 p. 5 .y;- �AGE 4 OF 4 SPECIAL PERMIT 9. WRITTEN DOCUMENTATION Application for a Special Permit must be supported by a *10. B. *Plan Specifications: legibly written or typed memorandum setting forth in 1) Size of plan: Ten(10 ) paper copies of a plan not detail all facts relied upon. When requesting a Special to exceed 11"x1711, preferred scale of 1"=40' Permit from the requirements of MGLA ch. 40A, and the 11) One(1) Mylar. North Andover Zoning By-laws, all dimensional lin Planprepared by a Registered Professional requirements shall be clearly identified and factually Engineer and/or Land Surveyor, with a black for supported. Each point, 1-6 individually,is required five(5)ZBA signatures and date indicated on the to be addressed with this application. Mylar. *10 C. *Features To Be Included On Plan: n 1. The particular use proposed for the land or structure. Site.Orientation shall include:. 2. The specific site is an appropriate location for such 1. north point use, structure or condition. 2. zoning,iistrict (s) 3. There will be no nuisance or serious hazard to 3. names of streets vehicles or pedestrians. 4. wetlands(if applicable) 4.Adequate and appropriate facilities will be provided 5. abutters,of property,within 300' radius for the proper operation of the proposed use. 6. locations of buildings on adjacent properties 5. The use is in harmony with the purpose and intent of t within.50'from applicants proposed structure Zoning Bylaw. 7. deed restrictions, easements. 6. Specific reference and response to the criteria 11)Legend &Graphic Aids: required by the particular Special Permit for which 1. Proposed features in solid lines 8 outlined in red this application is made(i.e. the Earth Removal 2. Existing features to be removed in dashed lines Special Permit has unique criteria and submittal 3. Graphic Scales requirements.). 4. Date`6f Plan 5. Title of Plan 10. PLAN OF LAND 6. Names addresses and phone numbers of the Each application to the Zoning Board of Appeals shall applicant, owner or record, and designer or be accompanied by the following described plan. Plans surveyor. must be submitted with this application to the Town Clerk's Office and ZBA secretary at least thirty(30)days 10 D. Minoe,Projects prior to the public hearing before the Zoning Board of Minor projects;such as decks,sheds,and garages, appeals. shall require only the plan information as indicated with an. asterisks("'),, In some cases further information may A set of building elevation plans may be required be required when the application involves new 11 construction/conversion/and/or a proposed change 11. APPLICATION FILING FEES in use. A. Notification fees:Applicant shall provide a check or money order to: "Town of North Andover- 10 A. Major Projects #022-1760-4841"for the cost of first class, certified, Major projects are those which involve one of the return receipt($4.42 as of November 2003)x#of all following whether existing or proposed: parties in interest identified.in MGLA ch. 40A§11 on the 1)five or more parking spaces, abutter's fist for the legal notice check. Also,the 11).three(3)or more dwelling units, applicant shall supply first class postage stamps 111)2000 square feet of building area. (currently 370)x the#of parties of interest on.the abutter's list for the decision mailing. Major Projects shall require that in addition to the above B. Mailing labels:Applicant shall provide four(4) features, plans must show detailed utilities, soils, and sets of mailing labels no larger than 1"x2-5/8" (3 copies topographic information. for the Legal mailing and one copy for the Decision mailing). C. Administrative fee of$50.00 per application. ►►►► A Special Permit once granted by the ZBA will lapse in.2.(two)years if not exercised and a new petition must be submitted. t-4 11/01/04 MON 13:04 FAX 978 688 9573 NORTH ANDOVER DPW U003 AORT" TOWN OF NORTH ANDOVER FINDING ZONING BOARD OF APPEALS NAME: ADDRESS OF APPEAL: Procedure & Requirements for an Application for a Finding Ten (10)copies of the following information must be STEP 6: SCHEDULING OF HEARING AND submitted thirty (30)days prior to the first public hearing. PREPARATION OF LEGAL NOTICE: Failure to submit the required information within the The Office of the Zoning Board of Appeals schedules time periods prescribed may result in a dismissal by the the/a.pplicant for a hearing date and prepares the legal Zoning Board of an application as incomplete. notice for mailing to the parties in interest(abutters)and The information herein is an abstract of more specific for publication in the newspaper. The petitioner is requirements listed in the Zoning Board Rules and notified that the legal notice has been prepared and the Regulations and is not meant to supersede them: The cost of the Party in Interest fee. Qetitioner will complete items that are underlined STEP 7: DELIVERY OF LEGAL NOTICE TO STEP 1: ADMINISTRATOR PERMIT DENIAL: NEWSPAPER The petitioner applies for a Building Permit and The petitioner picks up the legal notice from the Office receivers a Zoning Bylaw Denial form completed by the of the Zoning Board of Appeals and delivers the legal Building Commissioner. notice to the local newspaper publication. STEP 2• FINDING APPLICATION FORM: STEP 8: PUBLIC HEARING BEFORE THE ZONING BOARD OF APPEALS: Petitioner completes an application form to petition the Board of Appeals for a Finding. All information as The petitioner should appear in his/her behalf, or be required in items 1 through and including 11 shall be represented by an agent or attorney. in the absence of completed. any appearance without due cause on behalf of the petitioner, the Board shall decide on the matter by using STEP 3• PLAN PREPARATION: the information it has otherwise received. Petitioner submits all of the required plan information as STEP 9: DECISION: cited in section 10, page 4 of this form. After the hearing, a copy of the Board's decision will be STEP 4: OBTAIN LIST OF PARTIES IN INTEREST' sent to all Parties in Interest. Any appeal of the Board's decision may be made.pursuant to Massachusetts The petitioner requests the Assessor's Office to compile a certified list of Parties in interest(abutters). General Law ch. 40A§ 17,within twenty(20)days after the decision is filed with the Town Clerk. STEP 5: SUBMIT APE&ICATION: STEP 10: RECORDING THE DECISION AND PLANS. Petitioner submits one(1)original and ten(10)Xerox The petitioner is responsible for recording certification of copies of all the required information to the Town Clerk's the decision and any accompanying plans at the Essex Office to be certified by the Town Cleric with the time County, North Registry of Deeds, 381 Common St., and date of filing. The original will be left at the Town Lawrence MA, and shall complete the Certification of Clerk's Office, and the 10 Xerox copies will be left with Recording form and forward it to the Zoning Board of the Zoning Board of Appeals secretary. Appeals and to the Building Department. uuuuunununtnuraununwuwuulan�uun(� nnmtuni nrouuuuuuuraiuu" �` nnniun buuuuuunnuuiaiMai IMPORTANT PHONE NUMBERS: r 978-688-9533 Office of Community Dev. &Services North Andover Town Hall 400 Osgood Street 120 Main Street North Andover, MA 01845 North Andover, MA 01845 978-688-9542 fax for Community Development offices 978-688-9501 Town Cleric's Office: - 978-688-9566 Assessor's Office 978-688-9545 Building Department 978-688-9541 Zoning Board of Appeals Office PAGE Iof4 ' NOV 5 - 2004 D . BOARD OF APPEALS Page 2 of 4 Date & Time Stamp Application for a FINDING NORTH ANDOVER BOARD OF APPEALS 1. Petitioner: Name, address and telephone number: Bell Atlantic Mobile of Massachusetts Corporation, Ltd., d/b/a Verizon Wireless 400 Friberg Parkway, Westborough, MA 01581 *The petitioner shall be entered on the legal notice and the decision as entered above. 2. Owners of Land: Name, Address and Telephone number and number of years under this ownership: Benjamin G. Farnum, 397 Farnham Street,North Andover,MA 01845 978-725-4954 Kings Grant to the Farnum Family Years Owned Land: 3. Location of Property: a. Street: Five Boston Hill (1275 Turnpike) Zoning District. VR b. Assessors: Map number 107C Lot Number: 11 C. Registry of Deeds: Book Number 1656 Page Number: 94 (Essex Probate 350363 4. Zoning Sections under which the petition for the Finding is made. Section 10.4 *Refer to the Permit Denial and Zoning By-Law Plan Review as supplied by the Building Commissioner 5. Describe the Finding request: We request a finding that the Building Department erroneously denied Peritioner's application for a building permit to add three panel and one dish antennas to an existing wireless communications facility, located on the subject property and that no further zoning relief is required for such additions. See attached memorandum in support. *The above description shall be used for the purpose of the legal notice and decision. A more detailed description is required pursuant to the Zoning Board Rules and Regulations as cited on page 4 of this application. Failure by the applicant to clearly describe the request may result in a decision that does not address the intent of the applicant. The decision will be limited to the request by the applicant and will not involve additional items not included above. *NOT APPLICABLE 6. a. Difference from Zoning By-LAW requirements:* Indicate the dimensions that will not meet current Zoning By-Law Requirements. (A and B are in the case of a lot split) Open Percentage Lot Area Space Sq. Lot Frontage Parking * Minimum Lot set Back Sq.Ft. Ft. Coverage Feet Spaces Front Side A Side B Rear A. % B. % 6. b. Existing Lot: NOT APPLICABLE BOSTI-841969-1 Open Percentage Lot Area Space Sq. Lot Frontage Parking * Minimum Lot set Sq. Ft. Ft. Coverage Feet Spaces Front Side A Side B Back * Rear C. Proposed Lot(S): NOT APPLICABLE Open Percentage Lot Area Space Sq. Lot Frontage Parking * Minimum Lot set Back Sq. Ft. Ft. Coverage Feet Spaces Front Side A Side B Rear d. Required Lot: (As required by Zoning By-Law) NOT APPLICABLE Open Percentage Lot Area Space Sq. Lot Frontage Parking * Minimum Lot set Back Sq. Ft. Ft. Coverage Feet Spaces Front Side A Side B Rear 7. a. Existing-Buildings: NOT APPLICABLE Ground Floor Number of Total Square Feet Floors Sq. Feet Use of Building* *Reverence Use Code numbers and uses from the Zoning By-Law State number of units in building. b. Proposed Buildings: NOT APPLICABLE Ground Floor Number of Total Square Feet Floors Sq.Feet Use of Building* *Reverence Use Code numbers and uses from the Zoning By-Law State number of units in building. 8. Petitioner and Landowner signature(s): Every application for a Finding shall be made on this form which is the official form of the Zoning Board of Appeals. Every application shall be filed with the Town Clerk's Office.It shall be the responsibility of the petitioner to furnish all supporting documentation with this application.The dated copy of this application received by the Town Clerk or the Zoning Board of Appeals does not absolve the applicant from this responsibility.The petitioner shall be responsible for all expenses for filing and legal notification. Failure to comply with application requirements,as cited herein and in the Zoning Board Rules and Regulations may result in a dismissal by the Zoning Board of this application as Incomplete. Signature T e at names her ichael S. Giaimo Esq.,as attorney for Verizon Wireless in accordance with Para a h 7 of the Option and Lease Agreement between Benjamin G. Farnum and Verizon Wireless dated August 811984, as amended.) Zoning Bylaw Review Form Town Of North Andover Building Department ;• ,' 27 Charles SL North Andover,MA.01845 Phone 97848a4W Fax 873486-®642 Street: f9gos 2 /a')5 urv"Pike ? Ma /Lot le, C / Applicant e1\12on> WlreLeSS ;r. N `4tA` UA- R uest )XO wu v 3 Peel AN-IptiN4S + 1 DIS h 10 E-asAt+ Foci L•I Date: n O Please be advised that after Mriew of your Application and Plans that your Application is DENIED for the following Zoning Bylaw reasons: Zoning V-74, Item Notes Item Notes A Lot Area F Frontage 1 Lot area Insufficient 1 Frontage Insufficient 2 Lot Area Preexisting e 2 Frontage Complies 3 Lot Area Complies 3 Preexisting frontage -J'R 5 4 1 Insufficient Information 1 4 Insufficient Information B Use 5 No access over Frontage 1 Allowed G Contiguous Building Area 2 Not Allowed 1 Insufficient Area 3 Use Preexisting 4 e!5 2 Complies 4 Special Permit Required vie S 3 Prewdsting CBA kj e 5 5 Insufficient Information 1 4 Insufficient Information C Setback H Building Height 1 All setbacks comply 1 Height Exceeds Maximum 2 Front Insufficient 2 Complies 3 Left Side Insufficient 3 Preexisting Height e 4 1 Right Side Insufficient 4 Insufficient Information 5 Rear Insufficient i Building Coverage 6 Preemsti setbacks y e s 1 Coverage exceeds maximum 7 Insufficient Information 2 Coverage Complies D Watershed 3 Coverage Preexisting e S 1 Not in Watershed Lle S 4 Insufficient Information 2 In Watershed j Sign N 3 Lot prior to 10/24/94 1 Sin not allowed 4 Zone to be Determined 2 Sian Complies 5 Insufficient Information 3 Insufficient Information E Historic District K 1 Parking A 1 In District review required 1 More Parking Required 2 Not in district e S 2 Parking Complies 3 Insufficient Information 3 Insufficient Information 4 Pre-existing Parking Remo d for the above is checked below. Item i Special Permits Planning Board teem 0 Variance Site Pin Review Special Permit wtrel¢SS Setback Variance Access other than Frontage Special Permit Parking Variance Frontage Exception Lot Special Permit Lot Area Variance Common Driveway Smciai Permit Height Variance Congregate Housing Special Permit Variance for Sign Continuing Care Retirement Special Permit Special Permits Zoning Board independent Elderly Housing Special Permit I Special Permit Non-Conforming Use ZBA Large Estate Condo special Permit Earth Removal Special Permit ZBA Planned Development District Special Permit SPecial Permit Use not Listed but Similar Planned Residential special Permit SPecial Permit for Sign R-6 Density Special Permit Special permit for preemdsting Watershed Special Permit nonoonformin The above review and attached torh or such is bno on the plans and bhlorrnom oubmiltad. No defkWirs review and or advice shallbe band on verbal ehrplerhaliorw by the appfcant nor shallsuch verbal ShgWhaterhs by the s1111eerh1 Servs to Provide ddnffl e er 0mrs to the above reasons for Any h-mr miss,rNaNadYp 4NarrMm,or other subae*wnt derges to the infwmdbn a AMODd by the aI I Icerit Shelf ba grrhtnds for this review to be voided at the dYcrMion of the Building Deperknoi t.The ataclhed docrmm t NO-Awn Revisw NartOW ahem be dMclhed I -I and irhoarperatad hashn by reference. The building dWwbrwnt WE rSWn err PiMand dooun wntdton for the @ban fk.You must rile a rhsw permit aPPYcatiom form and bsgih thel!p n, trhg Presse. Cf Buildmg Department Official Signalyria ApplicAorh Peceived Appl' Denied Plan Review Narrative The following narrative is provided to further explain the reasons for DENIAL for the APPLICATION for the property indicated on the reverse side: .. .. ... ...`" ���/g/'� t.' .?_, .illi i.4 r.'•T . i, /f)O)�A1�/%�/mss " (,Ii(/`c�LFfs dr Si1 V!/�JIJ V V IV,4 c''1 C 3PC Tl+�ne f�l,�wv� oa slice/l 6 S Pcldl /'F/�rr/ y�-N� vJr� v �IUH! Al QlPek,414 �o 4 c�e f)?-,A ( eE vgJlo vo r o� loG/i �f/e'a ury J v ;,ZeLPS s r/,-L"/Cr �4 0, Refermd To: Fire Health Polk:e Zoning Board Conservation DepOrtrnmd or Public works Planning Historical Commission Other Building rtmerrt TOWN OF NORTH ANDOVER ZONING BOARD OF APPEALS APPLICATION OF BELL ATLANTIC MOBILE OF MASSACHUSETTS CORPORATION,LTD. D/B/A VERIZON WIRELESS FOR A FINDING Site Address: Five Boston Hill (1275 Turnpike) North Andover,MA 01845 Map and Parcel: Map 107 C,Parcel 11 Zoning District: Village Residential (VR) Applicant's Address: 400 Friberg Parkway Westborough, MA 01581 Subject: Section 10.4—Application for a Finding A. Introduction The petitioner Bell Atlantic Mobile of Massachusetts Corporation,Ltd. d/b/a Verizon Wireless ("Petitioner") seeks a finding that the Town of North Andover Building Department(the "Building Department")erroneously denied Petitioner's application for a building permit for certain equipment additions to an existing wireless communications facility located at Five Boston Hill in North Andover,Massachusetts (the "Site"). 1. Proposed Addition The existing wireless communications facility on the Site is an 85 foot high antenna support tower, constructed in or about 1957 out of concrete. It contains numerous antennas and other types of communications equipment operated by multiple communications companies that lease space on and within the tower, including the Petitioner. The Petitioner now proposes to upgrade its existing antenna installation by the addition of three panel antennas and one dish antenna.on the sides of the concrete tower, as shown on the plans submitted with the permit application to the Building Department(the "Proposed Addition"). A copy of these plans is included with this Application for a Finding. The purpose of the Proposed Addition is to improve wireless communications service in North Andover. 2. Building Department Denial The Petitioner filed an application for the Proposed Addition with the Building Department on October 7,2004. The Building Department denied the application on October 8, 2004 on the grounds that the Proposed Addition required a special permit pursuant to Section 8.9 of the North Andover Zoning Bylaw(the "Building Department's Decision"). A copy of the Building BOSTI-841982-2 Department's Decision on the Zoning Bylaw Review Form is included with Petitioner's Application for a Finding. 3. Permitting History In 1957,the North Andover Zoning Board of Appeals (the "ZBA") issued a"variance" decision with conditions, to erect and maintain, among other antenna and equipment structures on the Site,the following: "One radar antenna support tower concrete construction eighty-four(84') feet in height surmounted by a sixteen (16') foot driving mechanism upon which will rest a reflector(antenna) . . . which in turn will be surmounted by an IFF antenna . . . . The total height of the structure from the ground to the top of the IFF antenna will be one hundred thirty-two (132) feet." The 1957 decision indicates that it allows "certain radar towers for research and experimental purposes to a height in excess of that permitted by"the height provisions of the zoning bylaw and clearly states that the ZBA made a motion to grant a"Variance." In 1982, the ZBA issued a decision [Petition No. 22-82] with respect to the Site in order to change certain aspects of the 1957 variance decision. The 1982 decision stated that it "essentially clarifies and confirms the variance originally granted."It further stated that"attached to the concrete tower there can be antenna and transmitting dishes,not to exceed a total height of 140 feet." The Board stated in this decision that"these minimal changes would extend the rights already granted by the variance, and clarify the petitioner's rights and ability to use the variance originally granted to MIT." The effect of this decision is to authorize the addition of antennas to the concrete tower without need for further zoning relief provided that the 140 foot height limitation is not exceeded. In 1984,the ZBA granted a Special Permit [Petition No. 51-84] to the Petitioner's predecessor- in-interest for installation and use of additional equipment on the fifth floor of the concrete tower building, and the placement of certain antennas on the top of that building. In 1997,the ZBA granted two Special Permits to Sprint Spectrum L.P. and Omnipoint Communications [Petition No. 024-97] in order to extend the non-conforming use on the existing structure with the installation of certain wireless communications equipment. The ZBA found compliance in both cases with Section 9,Paragraph 9.1 of the Zoning Bylaw that such change, extension or alteration shall not be substantially more detrimental than the existing non- conformity to the neighborhood. In 1998,the Town of North Andover at a Town meeting adopted an amendment to the North Andover Zoning Bylaw to add Paragraph 8.9 concerning Wireless Service Facilities. In particular,Paragraph 8.9 provides as follows: "No wireless service facility shall be placed, constructed or modified within the Town without first obtaining site plan approval from the Special Permit Granting Authority(SPGA). The Planning Board shall be the Special Permit Granting 2 Authority for the issuance of a special permit to allow the placement, constriction and modification of wireless service facilities within the town." B. Argument The 1957 and 1982 Decisions establish that"antennas and transmitting dishes"may be added to the tower provided that there is no violation of the terms of the original 1957 variance, as amended by the 1982 Decision—the 140 foot limitation. The Petitioner's proposal would add antennas to the side of the concrete tower—well below the 140 foot elevation. With respect to the Proposed Addition, Petitioner contends that the Building Department and the ZBA must abide by the prior ZBA decisions concerning the Site and permit the Petitioner to add antennas without need for zoning relief. The Building Department's requirement that Petitioner obtain a special permit for the construction of the Proposed Addition would constitute a substantive modification of prior ZBA Decisions in contravention of Chapter 40A, Section 14 of the Massachusetts General Laws. C. Conclusion Therefore, with full reservation of its rights under local, state and federal law,Petitioner respectfully requests that the North Andover Zoning Board of Appeals grant Petitioner's Application for a Finding that the Building Department's Decision should be overturned with respect to requiring a special permit under Paragraph 8.9 of the Town of North Andover Zoning Bylaw in order to add the Proposed Addition to the existing wireless communications facility on the Site and that no further zoning relief is required for the Proposed Addition. Respectfully submitted, Verizon Wireless By its attorney S L 0%- - Micha S. Giaimo, Esq. Robins6n& Cole LLP One Boston Place Boston,MA 02108 Date: November 5,2004 3 Abutter to Abutter( x ) Building Dept. ( ) Conservation ( ) Zoning ( ) Town of North Andover Abutters Listing REQUIREMENT. MGL 40A,Section 11 states in part"Parties in Interest as used in this chapter shall mean the petitioner, abutters,owners of land directly oppositeon any public or private way,and abutters to abutters within three hundred(300)feet of the property line of the petitioner as they appear on the most recent applicable tax list,not withstanding 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." Subject Property: MAP PARCEL Name Address 107.0 11 Farnum,John C. 0 Turnpike Street North Andover, MA 01845 426 Farnum Street Abutters Properties Map Parcel Name Address 107.A 149 Boston Hill Development, LLC 100 Andover-By-Pass#300 North Andover. MA 01845 107.A 40 John Farnum 426 Farnum Street North.Andover,MA 018-15 107.A 42 John Farnum 426 Farnum Street North Andover, MA 01845 107.A 249 John Farnum 426 Farnum Street North Andover, MA 01845 107.A 250 John Farnum 426 Farnum Street North Andover, MA 01845 107.A 252 John Farnum 426 Farnum Street North Andover, MA 01845 107.A 253 John Farnum 426 Farnum Street North Andover, MA 01845 107.A 254 John Farnum 426 Farnwn Street North Andover, MA 018-15 107.A 255 John Farnum 426 Farnurn Street North Andover, MA 01845 107.0 13 Trustees of Reservation 527 Essex Street Beverly,MA 01845 107.0 68 John Farnum 426 Farnum Street North Andover, MA 01845 107.D 35 Boston Hill Road Trust 68 Boston Hill Road North Andover,MA 01845 107.D 36 Boston Hill Road Trust 76 Boston Hill Road North Andover, MA 01845 107.D 37 Trustees of Reservation 572 Essex Street Beverly, MA 01915 107.D 38 Trustees of Reservation 572 Essex Street Beverly. MA 01915 107.D 39 Trustees of Reservation 572 Essex Street Beverly, MA 01915 Page 1 of 1 This certifies that the names appearing on the records of the ssessors Office as of Certified by: Date ,L S .Psc v+eriMgwlrobss - VFRRON VAREIMS 400 FRIBERG PARKWAY veriz2n wirelessWESTBOROUGH.AIA 01561-3938 NORTH ANDOVER NORTH ANDOVER C OD YROMO DFOORW EIMmAL F 06/18/" FOR COW E OB 13 04FOR SUBNmAL TURNPIKE STREET G 08106/04 FOR COMMENT C 07 19 04 FOR COMMENT 06/28/04 FOR sueumlli caA6AElEr NORTH ANDOVER, MA 01845 A 01/15/04 FOR fj Dewberry Dewberry-GmdIdnd,Ina e1eT. Ave. emoD — eral�RAw Rxrle rNxnl.em.am �a r.asalo I,.. DESC SSE Auur• No. PoPfgN Na1N WOOER NORM AMDOVM W 0164 � MILLS CML MEETy 2ALAG DISTESKM- 7-1 TIRE EMP U No.73988 4 C.H rM ME 21LLMiE R6Op11ML 06T19.T M1/ AEURF76 RMI-1 0; \ I 416 HUOIUY SmRT ommm-0ooa. w NORIM M�a�ut w me4 S!0 E \1 ]I SI N,BOA 0211116 M1t NIUf1ElB qIM-e 1, lona,MA oats S NA PHONE el 05-7101) PROJECT QEMQF' Ra STE wM .\�\\ IS \\ .'i• RX /161 M6-]]to 40 rRRom I— P-t EAST&NoT BL1M00NS oMWI eM. t 4V `.T /•A6 WS:nQN" OO mwn INI0O(P.WRT WEPBOWUG11,w o106l� .: NIAx PROJECT DIRECTORY M1] NORrN awns FIEYATgN9 Rev6wEo Br. eea MEND= ELMUC .) ]ten SOUTHCO M45sto sum OLWNO CO PANT(800)]II-St] nR eRE NYL OMl93T of AMONG P-6 ANIMN MOUNINO oEWIS PIECKED er IW tlU M*m PANEL BmfOM,W 017]0 TELEPHONE rym .1m r^O WEN Powatt�0NT6l0tMLL 8E r r�BQ4f'e1Go6 l� O.W.MWECT FANDER: 33701 U ` PHONE I(F6�MI-2719 IRlIQ011(am)Fm-me SLVPU g .. 4 FAX /(A1)111-1019 ` Cmucr:MTm IIoC0101m.PAa IArAwcE PROJECT DESCRIPTION lI --114AMERICAN�OF 1083(NANO) 1Nrs DOCUMENT NAS DEVEIDPm To FIHFLT A IPECM S E 611E MONE99 ro 119 ASIZE 0DNMRONS AND 6 Nor m BE USO FOR , -" CENTER OF IMIOPaSm EACr RFA• ANOMER SIR OR WHIN ORIOI CON"04 PERWN.REUSE / IAMrUDGE278.48.9]'EO1101IUDE 71'osslw9' OF THIS DooaENT 6 AT THE..a a u]BL TURNPIKE STREET 10 G0MR11N" NORTH ANDOVER, MA VICINITY MAP xrs CONSULTANT TEAM PROJECT SUMMARY FAOUIr 6 UN"kEO ANO NOT TOR NUNAN uBRATNN SHEET INDEX MECIDOW rmN soffn 1! 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MICROWAVE `\ TOP FIODR 11.)RAM REFS ENCS&PLAN/34M Oml ANIDUM ESM NORM REMITI Y OF DEM i N \ 2.)DfVATI NE AND GOOIOMATE4 EETMN rAA-20 ACCURACY. _ a)UND RDRaw UWM WERE MDT WIE DAIM NORTH ANDOVER e1MC[MINE myp �'".y 1 TO u LAW TO eINE�DIGGIN72 G sr A Via m P-6 pre YDOM O, CALL GO-SVE 1-EW-p0-S1fE QTP.- 14)PROPERTY LINE WT"Im M COWED ONLY,NOT AN ACURATE BOUNDARY 3URWY. y�y til EIRIMIG CONCRETE TOMER 1a.)ZOMI@ MUAcc RDEDDITAL OWRIET, PERMIT DRAWINGS (486.3'A.G.E.ELEVAnDN) 14.)ALL RVJu1o5 LISTED ARE REfi]IDNLD 7o aRD NORTH11 PERMIT 08/20/04 FOR SUBMITTAL / •P LEGEND, -L 08J 16104 FOR COMMENT SECURm VEIt¢OM ei aW(E URNY POLL NUMBER•CARRIER E 08/13/04 FOR SUBMITTAL CNYM UNN Tt�Si RNCE i 1.FINAL OODIN m st�arO lEM�iM10 PIPE NOWT P� &TRI TELEPHONE MANACLE _L 08/06/04 FOR COMMENT •SAN SETER N.MUNLE C 07 lt)04 FOR COMMENT p 04 2.MOIomox DEN►/M TNG/-IDI DOM ORHI M43114L LIP / (AMORE"WAR)co"ItwEOltoc oDNM DtcTRIC MANHOLE B 06/25/04 FOR SUBMITTAL, v W St FINE MTDR,M,T A 01/15/04 FOR COMMENT uv ^ T u,, TOWER PLAN 04 CO��h � scan t•.tD'-o• Ra eNNOE1L 6oUHD FOUND pA 0 M13D.O SPOT ELEiVAMN Dewberry N/R/'IC 93LE -O T Sto- IT HIM CHAN LIMN PENCE i a`A >p Av _Om_ °vat MEA9 TAR[ Dewberry-poodklnd,Inc. up 0 GPI PDMT iDTIFR 1DF 6 C MfJEIF IDYRI! -124- CONTOUR 719TJANE4 AVE M1171W374 MAWI ERD n.oDA 1D11G YAiTlSJ7.IY GRAN NAIIB(TYPE) M]fiTON.EN mtta LIP ] Y M(1(N 03 J. w vNONE RITATN.No6 INTI ■T119IIDU3 - A. GDOID DEV.3E1'rr. CO" EDGE Or PA1OIWf TOP OF CONC E'IE 70M NNJ FT. ORD DDS MVAC TOP TALLEST POKER 32X'Fl. CTU W WTHIM CO sIEMAix � O LVAD "Y'C/ FAs ACCURRACE�i�ar TION om sIMDMo ��a BRAOPORD A.yw GID.311 II[TT NEW ENOAID iE1DNplE!1DDG1AI11 rn TOMER CONC.TONER 10 ry2µY TOP Of PARAPET[ILVAIOM mL -1 t'ACE TDP.DEV. tJ GRAMTE LT(1)L N TOP 1643 BCS$ FOR[ 1.NOT AMZY TOP OF ROOF ELIIATFICE ^ G ALL LGRPYF3IT lIONI OANNIY. ELEVATION GROUND ELEVAT roVEOK T4 W ROOF VENT PU'L LLY. ` i e rmF-.,% RDROOF DRAM STONAILE 29' (C. 1-U ry : WIT IAN TOMER PROPANE X oMISD DRILL NOL STONE PpMD PpDD FACE TANIF A ROMO DINOE9oNAL SETBACK REOAM*N 8-VILLAGE RESDUEML I WAWH Wt EW GRAVEL "ED £X15MG CONDITIONS RIxREv Rr rano DRIVE rl' tMERM FRONT YN1D' 2s Fr. F. : TURNPIKE STR££T MINIMUM UK EA YAM 16 FT. kW HD REAR YAM 30 R NORTH ANDOVER, MA uEGINm D'` ~D YAN UM LO W FT. / CDYMONCA1gN3 LOT AR LOT PRMTA2 33 Ff. D.OI.1'ROECT MUM9ER J/31-01 BVAL)NC. {Af AREAt 43.360 Sr. 3X.1E(1��lO' WY/E.YDO7 GROUND ARAM AM/X CAVY STAP/'L'1' "f CW 08NR ONS LEGEND MN 323 SOUIN ROPIh BEUDAD III 0/730 \ T.Im*191-2319 FOA(7M)m-109 /YWV1 r11EE UNE 97E ADDRESS Ss u11u"FOLE nMIN IM P.IA CON/ACK PLS am 3/15/2002 ECCE Of —,u--- CONTOUR CRb®UA'pNa001WAOLP maxTURNPIKE STREET o TREE Dm I NORTH ANDOVER, MA FENCE MEET TITLE .,�.r SITE PLAN EXISTING CONDITIONS me"N'"aDE acus t•.to'-o• HALF SIZE PRINT TIMI GMMRED r.LLADIt P-3 Ai IDIY IK Nam 9CNL MAID ROLL TOP a IATOCE R A TOP OE L MM TOWER [L.F.v�T& sza WOV—D.— _'Cu AtCW4 szti FiTFV37 Nm ,.NOT ALL 0MR100 AND PROPOSED OOUPIICIR SHOWN FOR CIIWIT. x f, wizw wrolew L x�E 0 f 1TAIWIRELESS 400 FROM PARKWAY WESIHOROWH•MA 01581-3956 Eximnc ETnsnNc uTTrcE u>r¢E lOWpi TOWER NORTH ANDOVER x x PERMIT DRAWINGS G 08/20/04 FOR MITTAL µ 1 F 00/16/04 FOR COMMENT EnSMO—PNIrENMA(T9.) E 08/13/G4 FOR SUBMITTAL D Qa 06 04 FOR COMMEM C 07 19 W FOA COMMENT EnSnNC SARs RNUNc(rwJ B 06/291041 FOR SUBMITTAL EnmNC SAEEtt Eximrw KmzoN RyLPC A 005/041 FOR COMMENT ExrsnNc VwrzoN PANEL ANTENNAS PANEL ANTENNAS (SECTOR B)(TYP.-J) EYRIWO YILROWAK OISN (SERa1 C)(1YP—J) ,TEN Dewberry ElLVA1ON Mr.6'NA,v.D. O ANiI FrnNNAS {Y yDNDNAK pSN rEViiMN i6TZ, O VNOREW P/N MDOV•1DT)� g`VNQdI MCRONWE D6N ANTENNA ANTENNA ( � [LLTENN MIA'KGVA. Dev+ber ood�Ind,Inc. E Ery"G DT.aAwF9 AV8 CLLYATgH 455.4'N.O.V.D. Jam/ EILVAIgN HSS.•'N.GV.O. rOanaRK u116 VORpI/IIIE111LA EnmNO M"MAK DRN �VEIi>mll AMTF/RM -_ PMON6:n>.ifJNR EIEVAIO,I 460.Y M VA O64TRO Pym EiimNO ViCROwAK 8 EILW1>ON '4.10,1 NEVA. >ARLJJfO DRN(ilP.z) . E ANTEIMA ANTE�'� ENmNc Y�CROWAK aSN E ANrEN_ ELEVAnON 46.4 N.G.v.D. (� Ji ELEVANON 446.4'N.C.V.O. PANa IMONNe O P� wa nDEEISNNC PANEL . • 4 EI(RnNCJ °. EIOSnNC PMC NAs ewLONc` FO—RAM Or. sS10NA ElL� + « ° • « l a < a « < • i « 8 1BN,EWED sr WA, i CwstiNc . • UKo1FD 9r PA CONCRETE BVI{pND e } 0.0.L PROJECT NUMBU: A]4-01 • .• . A Ex9nN0 • ! E%RTN1 STE ADORERS CONCRETE BURJYNC euaD:�c TURNPIKE STREET NORTH ANDOVER, MA • I sm¢r MILE ORa1Np O ATION ° EAST & WEST ]6r NFVLD.AT� ELEVATIONS EAST ELEVATU19OLN WEST ELEVATION 11EET NUYlER WEE+1/E'-1•-D• BwE:,n•-r-0• 2 HALF SIZE PRINT a 1 0 4 4 4 T® T MW 7.A=— P-4 ® "m mm lOP OE IATRLE TOWER TDP DE LATFCE TOWER EIGAiiDW S29'N.C.v.0. ELEVAOON 529'N.GV.D. 1.NOT ALL DWM ARD PRDPOSM CW M W BIgMI 100 CWNT. III/veriZe ess IZON T R L e® /i x x ¢� aM 400 FRiBERG PARKWAY xx WES190ROUCK W 01561-3956 E»STPW EwSiwc UTI1L[ IAIME TONER TOWER NORTH ANDOVER x x PERMIT DRAWINGS ElamxG WIRD x x 0 08/20/041 FOR SUBMRTAL ANTET«As C—) F 08/18/04 FOR COMMDR -L 08/i3/o4 FOR SUBMETAL D 08/08/04 FOR COMMENT EwsTwc WwP C 07/19/0-4 FOR COMMENT ExrsTva NR L ANrOsu RTP') 8 00/28/04 FOR SUBMRTAL E OSi Nc SAFETY EAE:ONC EXSnNC SAFETY A 01/15/04 FOR COMUENT EIBrnNC VE58ZOx W "AVE PANEE ANEMIAS DI91ES (SECTOR CxM.-3) F.EL vERRON PANEL ANTENNAS (ARDR 8)Rw-3> Dewberry "Noo 0 ANTENIM Nlraow �ANTENNA EIFIAOW 181.8'NF.V.O. EIEVA00N 1E1.6'N.GV.D. Dewberry{ioodkInd.Inc. ANTENNA E���q{�_(1�(_�._E�{L���.i�1�� F ANTENNA A.AV'AF6 AVE EILVARON.55.1'N.GVA. U—Ll-'V�J -- ELEVATION 155.1'N.L.V.0. Q VERDOII ANTDJNS 1J85NNO PANEL POPION. axnt FIIMTIW N/X MLVS Q YEII®M AMIBNA wJFE011 C VO1D011 ANIOON ANTENNAS EfRSTINC —piYAnp1 4"NAVA � /Y14 A111l/RIAS —� FCC1FW710R 460.6 MAYA a ISTwL VER12ON -WAVE F ANTENNA N �.lNlTCN1U�_ _ __ SECTORANTENNAS C EIEVATNIN u61•N.c.v.D. O euwTaN aw.r N.c.v.D. 0 -3) o? yG BRADFORD A. m PROPOSED vO620Ne c MILLS 1—INc oANEt Et15TRC t1 DI1�L y AMENNAS �CR1JAi11'11111 P-4 111C 01NAVE T40.33M mgl\ p5N � T•i T Al 1 4 ESInW PANEL u EnSn-PANEL < • ANIFNWS C—.10) TENNAS < DRANK Y55 d $ - 1 L} •4• 1 'a � • R[VKNED 6Y: 6M x .L 0.6(.PROJECT NUMBER 773-01 .• • ° ` SITE AWMCSS • a aI> aCRC " ETE TURNPIKE STREET Em NL NORTH ANDOVER, MA RVUINTE •4 • BUM1DING • ° ' maT nnL 4 NORTH & SOUTH CROLHD ELEVAnoN L73OIND ELEVATION - ELEVATIONS J81'N.c.v.D. JB1'N.O.V,0. SOUTH ELEVATION NORTH ELEVATION SDAtc 1/(f-1 O swe 1/6-.1•-D Z HALF SIZE PRINT .® » P-5 G6NC mu al im SGLE vwi,7pn wireless 1)CORMWM MOLL 1an+Y CManWIS OF VON VERIZON WRElESS 400 FFJBERG PARKWAY AS Mf M00=TO MAIDIMC ODIOKIMI CN Ab YVRof�[PVl1 WESTBOROUGH,MA 01581-3956 A7 1)CWXAL PORTS i1 nK�sof�To NIRNCOMM�NS�CQARRCTOO SNML*W=EXWM!ORIS ARD IIEPM As Itommm. EXISTING 1FA*�IE " NORTH ANDOVER MIENNA YWM PERMIT DRAWINGS E%ISRNG TOWER O O8 20 04 FOR SUBMITTAL ExTERDR RAEL F O8 18 04 FOR COMMENT EXISTING NERIZON E OB 13 04 FOR SUBMRTAL OB 06 04 FOR MMMEM 07 19 04 FOR COMMENT B 06 2B 04 FOR SUBMITTAL 01/18/04 FOR COMMENT EASRNG SEM. A A Dewberry (3mbe,ly-Gooawlla,Im. >PMOR MIRTGry w RR1E PR01'DMD n+DNE:En.Xo.aaP ODRN N MOOET E%IX5 Twp R R Zr� eRADFORDA. :4 MILLS cz v CML No.33988 rRDroEm WAm011 rnu AN oat lrtP.1 rot actDq SSIONA �'' DMNN 611 MRLI REKl1m BYh M1R PRDvotm MTAEma Mvaar �•� EXGTING 1EMZM EXISTING VERIIKM T-FRAME ENECNED BY, PPB SEGTOR A MTENNA MOUNT(TO REMNN) vMEL MRNNA SECTOR A D.O.L MOECT NUMBFJh 3734-01 0YP'-3) PLAN VIEW SECTOR B&C F1MVDsm W1fSOM ELEVATION NEWSECTOR A RWEL map" SECTOR B&C STE ADDRESS ANTENNA MOUNTING DETAIL SECTOR A TURNPIKE STREET ANTENNA MOUNTING DETAIL 2 NORTH ANDOVER, MA SLUE R.T.S. SWEET nTtE ANTENNA MOUNTING DETAILS SH"T NIMBEIE HE TN=SCALE HALF SIZE PRINT AT ILMF NC p T "SL4D LE E P-6 AT ROBINSON & COLE LLP MICHAEL S.GIAIMO One Boston Place Boston,MA 02108-4404 Main(617)557-5900 Fax(617)557-5999 mgiaimo@rc.com Direct(617)557-5959 Via Hand Delivery November 5, 2004 n, Joyce A. Bradshaw, Town Clerk a- Town of North Andover 400 Osgood Street North Andover,Massachusetts 01845 Re: Application to Zoning Board of Appeal for a Finding Bell Atlantic Mobile of Massachusetts d/b/a Verizon Wireless L.ti Five Boston Hill (1275 Turnpike),North Andover,MA Dear Ms. Bradshaw: Verizon Wireless applied for a Building Permit with the North Andover Building Department on October 7, 2004 and received a Zoning Bylaw Denial form from the Building Commissioner on October.8, 2004. Enclosed pursuant to M.G.L. c. 40A § 8 and Section 10.4 of the North Andover Zoning Bylaw please find the following materials for filing with the Clerk of the Zoning Board of Appeals concerning the above referenced matter: 1. One (1) original and ten(10) copies of Application for a Finding; 2. Memorandum in Support of Application for a Finding; 3. Ten(10) copies of Plan of Land and Proposed Addition; 4. Check made payable to Town of North Andover for the Administrative Fee of$50.00; Law Offices 5. Check made to Town of North Andover-#022-1760-4841 for notification BOSTON fees in an amount not to exceed$500; and HARTFORD 6. A certified list of Parties in Interest from the Assessor's Office NEW LONDON - STAMFORD Four(4) sets of mailing labels for the Parties in Interest List will be provided by overnight mail for delivery to your office on Monday,November 8, 2004. GREENWICH NEW YORK �j D SARASOTA NOV V 2004 www.rc.com BOST1-842066-1 BOAR©OF APPEALS , ROBINSON & COLELLP Town Clerk, Town of North Andover November 5, 2004 Page 2 The Petitioner is filing this petition in order to preserve its rights in light of pending litigation in Massachusetts Land Court brought by others concerning the facility that is the subject of these petitions. The petition is submitted with full reservation of all of the Petitioner's rights under federal, state and local law. Please contact me with any questions regarding the enclosed materials. Thank you. Sincerely, 5 ' tea Michael S. Giaimo Enclosures Cc: D. Robert Nicetta, Building Inspector Zoning Board of Appeals, Clerk Amy White Francis A. DiLuna, Esq. Law Offices BOSTON HARTFORD NEW LONDON STAMFORD GREENWICH NEW YORK SARASOTA www.rc.com 11/01/04 AEON 13:06 FAX 978 688 9573 NORTH ANDOVER DPW Q006 PAGE 4of4 FINDING 9. WRITTEN DOCUMENTATION Application for a Finding must be supported by a legibly written or typed memorandum setting'forth in detail.all facts relied upon. When requesting a finding from the *10 C. *Features To Be Included On Plan: requirements of MGLA ch. 40A, and the North Andover I) Site Orientation shall include: Zoning By-laws, all dimensional requirements shall be 1. north point clearly identified and factually supported. Each point, 2. zoning district(s) A-C individually, is required to be addressed with 3. names of streets this application. 4. wetlands(if applicable) 5. abutters of property,within 300'radius A_ The particular use proposed for the land or 6. locations of buildings on adjacent properties structure. within 50'from applicants proposed sUucture B. Fact(s)retied upon to support a Finding that the 7. deed restrictions, easements- proposed extension or atterafion shall not be more 11)Legend&Graphic Aids: substantially detrimental than the existing non- 1. Proposed f in solid lines&outlined in red conforming use. 2. Existing feabses,to be removed in dashed lines C. Address all appropriate details of the Building 3. Graphic Scales Commissioner's denial. 4. Date of Plan 5. Title of Plan 6. Names addresses and phone numbers of the 10. PLAN OF LAND applicant, owner or recons, and designer or Each application to the Zoning Board of Appeals shall be accompanied by the following described plan. Pians 10 D. Minor Projects must be submitted with this application to the Town (Minor projects,such as decks,sheds,and garages, Clerk's Office and ZBA secretary at least thirty(30)days shall require only the plan information as indicated with prior In the public hearing before elle Zoning Board of an.asterisks(*). In some cases further information may appeals. be required A set of building elevation plans by a Registered Architect may be required when the application involves. 11.APPLICATION FILING FEES new construction/conversion/and/or a proposed change in else. A Notification fees: Applicant shall provide a check or money order to: "Town of North Andover- #022-1760-4841'for the cost of first class, certified, 10 A. Major Projects return receipt($4.42 as of November 2003)x#of allMajor projects are those which involve one of the parties in interest identified in.MGLA.ch.40A§11 on the following whether existing or proposed: abutter's list for the legal notice check Also, the E five three a more parking spaces, applicant shall supply first class postage stamps H (3)or more dwelling units, (may 37¢)x the#of parties of intent on the III)2000 square feet of building area abutter's list for the decision mailing. Major Projects shall require that in addition to the 10B& B. Mailing labels Applicant C features, plans must show detailed utilities, soils, and o larger t shall provide four sets of mailing i ng labels no larger than 1'x2-5✓8"(3 copies topographic information. for the Legal mailing and one copy for the Decision mailing). *10. B. *Plan Specifications: C. Administrative fee of$50.00 per application. I) Size of plan: Ten (10)paper copies of a plan not to exceed 11"x1711, preferred scale of V=40' II)One(1)Mylar. III) Plan prepared by a Registered Professional Engineer and/or Land Surveyor,with a block for five(5)ZBA signatures and date indicated on the Mylar. Zoning Bylaw Review Form Town Of North Andover Building Department 27 Charles St. North Andover,MA 01845 Phone 87543541545 Fax 97841,8114M street: mS a C /d7S -7- Map/Lot C / Applicant er`12c) ClJireLeSS �rn A N A/`NU & Request: Peel AN'Ie'�,N45 + I DDS tt io f ftbAt- F4C L I-A Date: n O Please be advised that after rs ' w of your Application and Plans that your Application is DENIED for the following Zoning Bylaw reasons: Zoning V-R Item Notes Item Notes A Lot Area F Frontage 1 Lot area Insufficient 1 Frontage Insufficient 2 Lot Area Preexisting e 2 Frontage Complies 3 Lot Area Complies 3 Preexisting frontage -( 5 4 1 Insufficient Information 1 4 Insufficient Information g Use 5 No access over Frontage 1 Allowed G Contiguous Building Area 2 Not Allowed 1 Insufficient Area 3 Use Preexisting 4 r 5 2 Complies 4 Special Permit Required vl e S pHe' ht Preexisting CBA e 5 5 Insufficient Information Information C Setback eight 1 All setbacks comply eds Maximum 2 Front Insufficient 3 Left Side Insufficient reexsnHe M 4 Right Side Insufficient 4 Insufficient Information 5 Rear Insufficient i Building Coverage 6 Preexisting setback(s) yes 1 Coverage exceeds maximum 7 Insufficient Information 2 Coverage Complies D Watershed 3 Coverage Preexisting -1 e S 1 Not in Watershed e S 4 Insufficient Information 2 In Watershed j Sign N 3 Lot prior to 10/24/94 1 Sign not allowed 4 Zone to be Determined 2 Sion Complies 5 Insufficient Information 3 insufficient Information E Historic District K I Parking q 1 In District review required 1 More Parking Required 2 Not in district e 5 2 ParkingComplies 3 Insufficient Information 3 Insufficient Information 4 Pre-existing Parking Rem for time above is checked below. Item 0 special Permits Planning Board Item* Variance Site Plan Review Special Permit wipel485 Setback Variance Access other than Frontage Special Permit Parking Variance Frontage' Lot Special Permit tot Area Variance Common Ddvwmy Special Permit Height Variance Congregate Housing Special Permit Variance for Sign Continuing Care Retirement Special Permit Special Permits Zoning Board Ind dent Elderly Housing Special Permit Special Permit Non-Conforming Use ZBA Large Estate Condo Special Permit Earth Removal Special Permit ZBA Planned Development District Special Permit Special Permit Use not Listed but Similar Planned Residential Special Permit Special Permit for Sign R-8 Density Special Permit Special permit for prewdsting nonconfortnin Watershed Special Permit The above review and 'in of such is booed an the plans and information sutaniesd. No definWw review and oradvicasiM be basad on varbol sonplsn ..I by the appYcarnt nor sf W such vabd sorplrntlorr by the appNcant am to provide definitive ansvrars to the above ressone for Any ineccuocias,rNalsadirng irNornnslion,ar aihr srbasgnwd changao to the W nrtbn suhmnflmsd by the 01001int shaft be WWWs for this mvlew to be voldad at the diacrWian of the Bulding Depafinent.The altadned docunant MCI'Plan RVAM Nan:ttva'shall be attached twain and inoorpgsd twain by refs-- The building dsmwtrrwk vra retain d pions and dousnontation for the above fie.You must file a rw w permit appkation(-Mand begin tin pon.ftng Wooeas. J e le q Building Department official Signa4w Applaiioneceived App- Plan Review Narrative The following narrative is pmvided to further explain the reasons for DENIAL for the APPLICATION for the property indicated on the reverse side: cf/� uJ `' �CTlvtii � � �7(NPL pSS S'PnV/CY TQ / rr C / / /S xh Lk 'e lv< NpSS L"/` OS'e <v N(i" J,/,Irrr zl fs r 7 ad,�/(r� cv/`r�r/•� Y�ze/ %�r�ti r�rov/�� 07"jV 4 YrAV 7"k.e IIA-,WV oaIq Y S �c1 c4 —f/r►!r� f�/J t/�<•ti fi rfUy1( v ice- /3 (/A/(/(� n� c .a / P.Ma /o Refemsd To: Fire Health Police Zoning Board Conservation Departmem of Public Works Plannin Historical Commission Other Building rtrnent Town of. North. Andover ¢ t101?7y O �tLeo ,a 't+� Office of the Zoning Board of Appeals Community Development and Services Division n ; 400 Osgood street 9 ��ATEO fY��,i�J North Andover,Massachusetts 01.845 �SSRCNtls�t D. Robert Nicetta Building Commissioner Fax (978)6$8-9541 Fax (978)688-9542 FAX TRANSMISSION TO: 'A J Y 1 ► 1 0 c, ®A A L 0- FAX FAX NUMBER: L7- SS 7- E ? FROM: Town of North Andover Zoning Board of Appeals 400 Osgood Street North Andover, Massachusetts 01845 FAX: 978-688-9542 PHONE: 978-688-9541 NUMBER OF PAGES: I)-.. y. DATE: 0 1q ' Q T r1�e SUBJECT: aI�l`�i � r, 72-9:04 REMARKS: Tl� 45 k /ooVe q� vifr t �`DvIG bnx �►` �q h I�ih � l�/l � r t board Vt�p �5 Board of Appeals 978-688-9541 Building 978-688-9545 Conservation 978-688-9530 Health 978-688-9540 Planning 978-688-9535 til [SID +aas D w Kew RESIDENTIAL DISTRICT 6 „4t 30STON HILL N/F SKI AREA INC. JOHN C.FARNUAI ESTATE C/O ROBERT W.DUNN �j N.ANDOVER,MA 01°15{28 FARNU4 5T. RYE BEACHH,,N.H.07871 QV P.O. DOJ`A _ N/F ` `\ SJR BOSTON HILL S I AREA INC. C/0 ROBERT W.DU- AA E 5'S'f' ! S P.O BOX 770 W1•� JJ- RYE BEACH,N.M.0-571 N "g.9B $'o, p'A 5�,I�S `�y, IPApQO BOSTON EML I Sy. 7j� - NORTH ANDOVER JJ. °5 - - _ f ti RESIDE'?IAL DISTRICT 6 MASSACBUSETI•B E 424.2 I ��tied°� y�I• 707 FARNUld STRUT NORI ANDOVER.rAxx] ♦ Z , �'�i . F LFm f+r,aIA�PROBATE RmBA AIAoo. JOHN GFNNU4 I�CO�•, MATE ' -w "E` .� ..i �'. 10'•M� �A M19 IM FARRUN ST. y\\ � �o .� N.ANDOVER.MA 01°/5 CV A d��s N TRUSTEES a FTIBUC Sn E55ExON ST. 9C ' �h� SurVt ar BEVERLY,4A.01915 'i:E1.7 Z ' 1 PROPOSED ANTENNAS TO BE o ail M MOUNTEDS5AETOWER.SEE SHEET �•F. `": NVC rl �•N°95O�I� O l - � �'+ 'n TRUSTEES'PUBLIC °5 57Sn SERVAn ST. d) J S' ESSEX BT. O •A t VI . � .k � •'CN- �Q� BEVERLY.MA.01915 �D TOWN OF NORTH ANDOVER s -)0DEED REFERENCE c� h::—• ZONING DISTRICT V"9 RECORD OWNER: BOARD OF APPEALS �`� 13L3%t,5 ' •�•••• - — 1t DEED BOOK PAUL /[ ... REQUIRED DIMENSIONAL REGULATIONS MINIMUM LOT AREA >e �� 6 (� PLAN REFERENCES MINIMUM LOT FRONTAGE PLAN BOOK PLAN E.R.D. MINIMUM LOT DEPTH = A.1.11 z°b- Se at MINIMUM YARD SETBACK STOye N/F EXHIBIT A FILED IN P YC/AE J AND DOROTHY A.LETEZIA DEED BK 'G ' N.E.R.D. FRONT = '�3 — Sq'vl BF' .401 MARY STN CALDER SIDE = 5j5y�T5 N� H ANDOV4Asoiels I (� ASSESSORS INFORMATION REAR LOT = � 3 � FRANPS a oErA~ 5 AND SHARON 4.OEVAN 5 MAP- _ O N3AND0IER,MA 01815 DNS�ICS I DATE 1E5I1`E11 �. M9a[ 1 RESIDENTIAL DISTRICT 6- ql) BOSTON HILL N/F SKI AREA INC. JOHN C.FAR UM ESTATE C/0 ROBERT W.DUNN Qj. 426 FARNUM ST. P.O.BOX 330 V N.ANDOVER',MA 01645 P RYE BEACH.N.H.03871 J� .( N/F BOSTON HILL SKI AREA INC. 4J C/0 ROBERT W.DU" P.O.BOX 330 RYE BEACH.N.N.02571 N A86 g6 BOSTON HILL 00 NORTH ANDOVER I >it RESIDE'TIAL DISTRICT 6 MASSACHUSETTS i E 424.2 NIF S. C0161ATANT4�� BENJAM01 FARNUM. 397 FARNUM SLIM / PMROBAIE OOQJIIEORTH ANDOVER.NT rv/F _•• vI \ DATED 9/26/80 5a"��}'1�hA y.{y .(,� �, JOHN C.FARNUM ESTATE •l b`It� Bt 428FARM 01 �l•�t N.ANDOVER MA 01845 N/F TRUSTEES F PUBuc ..ESERVATIONS ! •y� O" 'TJl L) 572 ESSEX ST. 9C 0'\\ �' �• V/ �� 01915 BEVERLY.MA s v Jp PROPOSED ANTENNAS TO BE 'o��� E J 4 \G A5 MOUNTED TO EXISTING STEEL .P V J °s• \�,'� } LATTICE TOWER.SEE SHEET A2 �� �� •� 1145 N y a 1w \Std TRUSESERVAOF TIONS PUBLIC y ��• _))��� 02' S' 6T '(\P• 572 ESSEX ST. J f BEVERLY.MA.01915 0 t�Hon� w :P YA_Z l,Vl y�o. lJA DEED REFERENCE TOWN OF NORTH ANDOVER £ -A ma %I OF APPEALS a #ma %I RECORD OWNER: ZONING DISTRICT - V-9 DEED BOOK PAU /[ REQUIRED DIMENSIONAL REGULATIONS i� g57'p1W cmd MINIMUM LOT AREA = 48►6 b PLAN REFERENCES MINIMUM LOT FRONTAGE 6^6�N PLAN BOOK PLAN I' K E.R.D. MINIMUM LOT DEPTH = �BA7w CJS+bs EXHIBIT A FILED IN MINIMUM YARD SETBACK 570 MICHAEL 1 AND OROTHY A.LETEZIA 6A}} AND MARY LER21A CALDER DEED BK 'G ' N.E.R.D. FRONT = ; As _ SIDE = f 575 N/F \ H.ANDOVER OMASO B45 I REAR = D ARcis J.M. DEV ASSESSORS INFORMATION AND a RON Hi DED. LOT MAP- DATE N.ANDOVER.MA OI8<RSS\oSN�P`os r