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NORTH TOWN CLERK
a�°�• •.',"oL NORTH ANDOVER
°
AUG 25 4 351 '91
TOWN OF NORTH ANDOVER
MASSACHUSETTS
BOARD OF APPEALS
NOTICE OF DECISION
Property: Boston Hill Rd
Omnipoint Communications Date: 8-25-97
11 Rnstnn Hill Rd lPetitioE# . 024-97
orth Andover, MA 01845 jDate of Hearing: b-iL-
/, (}�(� E Sia /rl
tl oq
The Board of Appeals held a regular meeting on Tuesday evening, August
12, 1997 on the petition of Omnipoint Communications of 705 Miles
Standish Blvd., Taunton MA. Requesting a Special Permit under Section 9,
Paragraph for the installation of wireless telephone communication
antennas, Table 2 of the Zoning Bylaw. The purpose is to extend the use
of'a non -conforming structure in the V -R District. The premise is
located at Boston Hill Road. Affected is property with frontage on the
West side of Boston St., and Boston Hill Road. Members voting : William
Sullivan, Walter Soule, Robert Ford, Ellen McIntyre.
Upon a motion by Walter,Soule, seconded by Robert Ford to Grant the
Special Permit as requested according to Section 9, Paragraph 9.2 to
install wireless antennas to a non -conforming structure on Boston Hill
in the V -R District. The vote was unanimous. Voting member: William
Sullivan, Walter Soule, Robert Ford, and Ellen McIntyre.
The hearing was advertised in the Lawrence Tribune on 7.29.97 and
8.4.97, all abutters were notified by regular mail.
The Board finds that the applicant has satisfied the provisions of
Section 9, Paragraph 9.1 of the Zoning Bylaw and that such change,
extension or alteration shall not be substantially more detrimental than
the existing non -conforming structure to the neighborhood.
BOARD OF APPEALS,
William Sullivan, Chairma
\o�
r
f NORTN ,
OL
,SSACHUSE�
TOWN OF NORTH ANDOVER
MASSACHUSETTS
BOARD OF APPEALS
Notice is hereby given that the Board of Appeals will hold a public hearing at the
Division of Public Works, 384 Osgood Street, North Andover, MA. on Tuesday
the 12th day of August, 1997 at 7:30 o'clock P.M. to all parties interested in the
appeal of Omnipoint Communications, of 705 Miles Standish Blvd., Taunton,
MA., requesting a special permit under Section 9, Paragraph 9.2 for installation
of wireless telephone communication antennas, Table 2 of the Zoning Bylaw, for
the purpose to extend non -conforming use.
Said premise is located at Boston Hill Road which is in the. (V -R) Zoning District.
Affected is property with frontage on the West side of Boston St., and Boston Hill
Road.
Plans are available for review at the Office of The Building Dept., Town Hall
Annex, 146 Main Street.
By the Order of the Board of Appeals
William J. Sullivan, Chairman
Publish in the Eagle Tribune on 7.29.97 & 8.4.97
Ll
TOWN OF
NORTH ANDOVER
MASSACHUSETTS
BOARD OF APPEALS
Notice is hereby given
that the Boardof Appeals
will hold a public hearing at
the Division Of Public
Works, 384 Osgood
Street, North Andover, MA w
on Tuesday 9% I th qey of
August, 1997 at 7:30
o'clock . P.M. to all pard"
Interested in the appeal'gf .
Omnipoint Communica-
tions, of 705 Miles Start -
dish Blvd., i Taunton, AAA.,
requesting a special permit
under Section 9, Para-
graph 9.2 for Installation of
Wifoless telephone • com-
munication antennas,
Table 2 of the Zoning
: Bylaw, for the purpose to
extend n4.n•cor�fq�p►Inp
use.
Said premise is located
At Boston Hill Road which
is In the (V -R) zoning Dis-
trict. "Affected is property
with frontage on the West.
side of Boston
Boston Hill Road.
Plans are availablefor
review at the Office of The
Building Dept., Town Hall
Angex, 146 Main Street.
By the Order of the
Boarcfbf Appeals
William J. Sullivan,
E -T — July 29; Chairman
1997 Q4gutzl. a,.
• , l
TOWN OF NORTH ANDOVER
MASSACHUSETTS
BOARD OF APPEALS
Notice is hereby given that the Board of Appeals will hold a public hearing at the
Division of Public Works, 384 Osgood Street, North Andover, MA. on Tuesday
the 12th day of August, 1997 at 7:30 o'clock P.M. to all parties interested in the
appeal of Omnipoint Communications, of 705 Miles Standish Blvd., Taunton,
MA., requesting a special permit under Section 9, Paragraph 9.2 for installation
of wireless telephone communication antennas, Table 2 of the Zoning Bylaw, for
the purpose to extend non -conforming use.
Said premise is located at Boston Hill Road which is in the (V -R) Zoning District.
Affected is property with frontage on the West side of Boston St., and Boston Hill
Road.
Plans are available for review at the Office of The Building Dept., Town Hall
Annex, 146 Main Street.
By the Order of the Board of Appeals
William J. Sullivan, Chairman
Publish in the Eagle Tribune on 7.29.97 & 8.4.97
LEGAL NOTICE
TOWN OF
NORTH ANDOVER
MASSACHUSETTS
BOARD OF APPEALS
Notice is hereby giver
that the Board of Appeal;
will hold a public hearing a
the Division of Public
Works, 384 Osgooc
Street, North Andover, MA
on Tuesday the 12th day of
August, 1997 at 7:30
o'clock . P.M. to all parties
interested in the appeal of
Omnipoint Communica-
tions, of 705 Miles Stan-
dish Blvd., Taunton, MA.,
requesting a special permit
under Section 9, Para-
graph 9.2 for installation of
wireless telephone com-
munication antennas,
Table 2 of the Zoning
Bylaw, for the purpose to
extend non -conforming
use.
Said premise is located
at Boston Hill Road which
is in the (V -R) Zoning Dis.
trict. Affected isproperty
with frontage on the West
side of Boston St., and
Boston Hill Road.
Plans are available for
review at the Office of The
Building Dept., Town Hall
Annex, 146 Main Street.
By the Order of the
Board of Appeals
William J. Sullivan,
Chairman
E -T — July 29; August 4,
1997
NORTH 9
O t1lEO r6. ti0
p j' 9
�4ArEO
�SSACHUS�S
r
TOWN OF NORTH ANDOVER
MASSACHUSETTS '
BOARD OF APPEALS
Notice is hereby given that the Board of Appeals will hold a
public hearing at the Town Hall. Library located at the rear
of the Town Hall Building 120 Main Street North Andover
MA. in the Town Hall Library on Tuesday the 10 th day of
December 1996 at 7:30 o'clock P.M. to all parties
interested in the appeal of Sprint Spectrum L.P. requesting
a Special Permit pursuant to Section 9, paragraph 9.2.for
,installation of wireless telephone communication antennas,
Table 2 of the Zoning Bylaw, for the purpose to extend non-
conforming use.
Said premise is located at Boston Hill Road which is in the
R-2 Zoning District for the purpose of installing wireless
telephone communication antennas. Plans are available for
review at the Office of Community Development & Serviges,
Town Hall Annex, 146 Main Street.
By the Order of the Board of
William J. Sullivan, Chairman
Publish Lawrence Eagle Tribune 11.22.96 & 11.27.96
0
7 � ,
`i• ` I �
�►r NORT�
Any appeal shall be filed
RECEIVED
DANIEL LONG
>.* 'tie'
Js: �11"'°'�+r,.'•°��
within (20) days after the
TOWN CLERK
. o. r
4 'r °�
date of filing of this Notice
HORT IdGOVERy9
Lass .4E
in the Office of the Town
DEC Z4 �� IT AN �8�
'•> SgcHug �,,
�• C LS
Clerk.
TOWN OF NORTH ANDOVER
MASSACHUSETTS
BOARD OF APPEALS
NOTICE OF DECISION
yDecember
Date............................
14, 1984
Petition No. ....51
".'. 8.4
Date. of Hearing
.........Octobe r ..... 15.., . .1984
Petition of ..NYNEX MOBILE CO*10NICATIO.NS C0t1.PARY.A.ND. BEN.JAM.IN..FARN.UM..,
.........................
Premises affected ...West side of Boston Street known as "Boston liil 1.
Referring to the above petition for a v�atktieic &)§mAkec wgnikt�mentscofxthec ... p e.c i a.l.. P.e r m i t
under 5ect.i.on..10...31..o.f..th.e . Z.oni.ng..By. .Law ...............................
so as to permit .. h.o u s.i. n g.. f o. r.. c.o m m.0 n i .c a t.i. o n.s . e.q u i .p m e.n t ........................
After a public hearing given on the above date, the Board of Appeals voted to .. G.r a n.t ... the
S p e c i a l. P e r m i t...... ..... and hereby authorize the Building Inspector to issue a
pe., it to J.nstal.l.,and..use..eq,uipmen.t_i.n..an.a.rea..of.. ap.pro.xlm.ate.l.y..20.'x20'
on the 5th floor of existing building and install and use five, 12'*
for the construction of the above work, based upon the following conditions:
*.,ntennas on top of the building, the size of fishing rods.
**That no more than 5 antennas the size of fishing rods with a maximum
height of 12' be allowed on top of the building.
Signed
Richard. J.. Trepa.nie_r., Esq.. , Acti ng Chai rma
W.i.1 1 i. a m.. J.— S u.1.1 i.v. a n ................ .
Wal t .r..F... S.6u.l.e...... ............
Maur.i.ce..S.. Foul d.s .........
Board of Appeals
= . RECEIVED
DANIEL LOMG
70W4 CLERK ".O W' :�h°
NOPUR ARDOVER .
o "
P
DEC 24 10
,'TSAC Ml15�<
TOWN OF NORTH ANDOVER
MASSACHUSETTS
BOARD OF APPEALS
Mr. Daniel Long, Town Clerk
Town Office Building
North Andover, Mass. 01845
Any appeal shall be filed
within (20) days after the
date of filing of this Notice
In the Office of the Town
Clerk.
December 14, 1984
Re: NYNEX Mobile Communications Company and Benjamin Farnum
West side of Boston Street known as "Boston Hill"
Petition No. 51-'84
Dear Mr. Long:
The Board of Appeals held a public hearing on Monday evening,
October.15, 1984 upon the application of NYNEX Mobile Communi-
cations Company and Benjamin Farnum. The hearing was advertised
in the Lawrence Eagle Tribune on September 29 and October 6, 1984
and all abutters were notified by regular mail. The following
members were present and voting: Richard J. Trepanier, Esq.,
Acting Chairman; William J. Sullivan; Walter F. Soule; Maurice S.
Foulds; and Raymond A. Vivenzio, Esq.
The petitioners seek a Special Permit under Section 10.31 of the
Zoning By Law so as. to permit housing for communications equipment
in an approximate 20 foot by 20 foot room on premises located on
the West side of Boston Street known as "Boston Hill" in the R-2
zoning district. 11
Testimony revealed that the petitioners seek permission to low
NYNEX to install and use equipment in an area of approximately
twenty feet by twenty feet on the fifth floor of the existing
building located on the site and to install and use five, twelve
foot antennas (the size of fishing rods) on the top floor of the
building for the purpose of offering to the public mobile cellular
telephone service.
Further testimony revealed that after; ;installation, the presence
of any personnel will not be required.
NYNEX and Benjamin Farnum
"Boston Hill"
Petition No. 5118484
December 14,
Page 2
RECEIYEO
DANIEL LONG
TOWN
TH DOV
R„t ER
DEC 14 10 51 AM '8q
No opposition was .voiced at the hearing,.
to take the petition under advisement.
The Board voted unanimously held on Monday
The Board rendered a decision at a re,, ular meeting held
Soule,
10, 1984. Members Trepanier,
evening, December
Foul -ds, and Vivenzio were again present and voting.
the
Upon on a motion made by Mr. Sullivan and seconded ing by Min opposition
Board voted four to °Permitwith
subject tovthe lcondition that noimumhore
to grant the Special
ht
than five antennas t,hesize
llowed onftopfishing
n
oftheobuilding•ds, with a max
of twelve feet, be a
In granting the Special Permit, the Board makes the following
nd conclusions.
findings a
to the Special Permitunder22
1,
grant 1 ,
The Board has the authority B Law, Sections 9.1, 9•2 ,
Zoning Y
the provisions of the
and 10.31.
of the use
2•
will be installedlinaay
The application requests a mee quipmentnsion
permitted. Almost all of the th -e building. The use
floor of the 'existing with
small portion of one
disturbance or interference
will cause no inconvenience,
community -at -large. The use
neighbors, the district or the
the convenience and welfare.
will serve public
detrimental
The minimal extension will not be substantially more
to the neighborhood.
3.
than the existing non -conforming use
contained 'in Section 9.2 are satisfied:
4.
The provisions,'
be approved by Special Permit.
a) The change can
b) The change will be on the samalloi. for use and will
c) The change will virtually five percent.
exceeding twenty
not require construction
life of the use will not be extended, since
j
d) changed.
The economic
and will'not be substantially
the building exists
fl
5.
ou in Section
Reference is made to the conditibmit. All tthe conditions are
for the approval of a Special Per
found to be met:
a) The site i,s an appropriate location for the use. The
inappropriate for installation of
height of'Boston Hill
cellular mobile equ,pmet
' R�ct:ivea
NYNEX and Benjamin Farnum DANIEL LONG
°''Boston Hill" TOWNORTH NShO YER
Petition No. 51-'84
December 14, 1984 OFC��!
Page 3 1051AMIII
b) The use will not adversely affect the neighborhood. There
will be no interference with radio, television or house-
hold appliances. It is a safe location and outside in-
staTlation will consist only of five, small, twelve foot
antennas. Th rest of the equipment will be in the
nterior of t e existing building.
c),, There will be no nuisance or serious hazard to vehicles
or pedestrians. This is an off-street location where
there are no pedestrians. There is no traffic and the
only vehicles will be for repair and inspection purposes.
d) There will be adequate and appropriate facilities for the
proper operation of the use. The building already exists
and there will be no outside extensions except for the
antennas. The nature of the use in non -hazardous.
e) The use is in harmony with the general purpose and intent
of the Zoning By Law.
The Board finds all of the conditions contained in Sections 9.1,
9.2 and 10.31 of the Zoning By Law have been met. See findings
of fact and conclusions, above set forth:
To grant a Special Permit under the provisions of the Zoning By
Law to NYNEX Mobile Communications System and Benjamin Farnum to
permit the installation and use of the equipment and antennas
as described for the purpose of a mobile communications system
is allowed under this Special P-ermit.
Sincerely yours,
BOARD OF APPE
a /
RI chard J Trepa er, Esq . ,
Acting Chairman
RJT/jw
j�pril23, +336
FEDERAL cot�Mc.I�vlcATV- �S COMMISSION
-IIEET
FACT'S-
Information provided by the'Njr-eless T>3lecommunicatioris bureau
NV,W44ATIONA, WTR=SS TUWZR LITITi`iG POLICIES
The TelEcommutsic:jtions Act of 1996 contains important provisions concerning the pla.cernent
of toweni and- other facilities for use in providing persnr 3l wireless servicts. Most stare and
local co ', Munities have worked clos:ly with C--Rular and other wirel`e<s service providers on
such placement plans, but t$is tltw law establishes new responsibilities for communities and
for the Federal Communications Commissiuu (FCC. The rapid expansion in the wireless
in.duTtry makes these issues even more important
This fact sheot is intended to explain thµ uevr provisions and to help ':tate and local
gov�ernir,,ents as they deal wig iss
the compleX ues of farslities siting in their local
comm=itim At the end of this fact shea", you wiH find aamcs of Cr Ata= for additional
information about this arca and other issues before the F'C-
Se&dou 704 of the Teleccmmunicatiors Art of 1996 Nic'1996 Act") govems federal, sta.tc
and local governme" oversight of siting of "personal wireless scrvict° facilities. The 1996
Act em.olishes a comprehensive fra=ework for the e:ce.:eisa of jt indiction by state and local
zoning , uthorities over the coustrucdon, modification arid. pl.acemcui of facilities such as
towers for cellular, personal communications service (P(.S), and spec'alized mobile radio
(SMR) transmitters: T.
The new law preserves local xotun aathorit�;, but clarifies when the etiercise of local
inning authority may be preempt --J b}r die rCC.
Section 704 prohibits any action Ett# NwulO discriminate beM Zea different providers of
prxsonal wireless services, such as cellular, wide -arca SNM ar d broadband PCS. It
r Iso prohibits any action that would ban altcge7ther th'e cons-li.ct-ion. azodification or
placement of these kinds of facilities in a particular arcs L
'l-b.e law also specifics pmcrdures Mich rnus, be followed for acting on a request to 4
ulace these kinds of facilities, and provide;, for rcvisw in the courts or the SCC of any
,iccision by a zoning authority that is inwa515`4at -with Section 704.
----
^'DI tIORTHEA=TEF, F1 LAND SP LTU FAX: 4CI1434050
1'6:06 F31 2024180 7 s7 FI,B
Dec -12-96 Thu 14:24
2
Finally, Scctiota 704 requires the feder-d govtmrnent to take staps to help in
spectrurn-based services, such as )JCS and cellular, get access to proferred sites for
their fxeilides. Federal agencies and dcpanamcnts will work directly with be=seas m
make federal property available for this pus -pose, and the FCC is directed to work with
the statesyto find ways for stats to accornmbd.uze licc=c-es who wish to erect tower.
on state property, or use state easements and rights-of-way.
-rhe attachments to this fact sheet sec'k to provide in -formation co -accruing towcr siting for
personal wireless cwtnTnuniea6ans services. They include a sur wary of the provisions of
Section 704 of the 1996 Ac*,, the actual text of Section 744, and a technical information
summary that describes the cellular, wida-arc.a 5N. and broadband PCS technologies that
underlie the majority of requests for new tower sitz=s.
Questions about this topic, and about federal regulation of wirtless telecommu.oications
services iri gcaeral, may be add.resscd to wren Brink==, Associate Chief of the Wireless.
Telecommunications Bureau, 202 -419 -0783,(e -mail< lcbrinkzua c(�fcrrgov). Ques-rions about
tate Telecommunications Act of 1996 generally may ba addressed to Sheryl Wi3kerson in the
FCC's Office of Legislative and L-itergovecnmentl ASfa.iss, 202-41S-1902 (c-madl:
swiIkers@fcc.gov).' Questions about towcr sing, licer-sing issues or technical matters may be
addressed to Steve lviarkendorf� Chief of the Broadband Braaah,ui the Wireless
Tc3eeomrnunications Butxau, 202-418-0620, (e t�: ssnazkend�fcc.gav).
This Fact Shcct is available on our fax -on -demand „Vstc= The t4lcphone number for fa -c -an
demand is 202-418-2830,' The Fact Shrct may also be found an the World Wide Web az
",t,-o:lfvrww.fcc.gov/wthly4rehomc-htrol.
0 i 02A180 i sI
SZIMMARY OF SECTION 704 OF THS TELECOMrV[U'L'-CATIONS ACT OF 1996
1IIe following is a summary of key provisions. The text of 5ettzon 704 is reproduced in iu
endte-ty as an attachment to this sur>za'3-cy.
1. Local Zbuina Aut�toritY_Pre d •, erection 332 e of the Communications Act
Section 704{a) of the 1996 Act Menem ( }
b adding a
new paragmph (7). It preserves the authority OE stare
( Mobj a Services`') y
and !flead govermnents over decisions regarding the placement; consaucnon, and
nal wireless service facilitie , except ^5 provided in the new
modification of perso
paragraph (7).
a. Stares and LJ oc�lihes�
t T a bisrri atory or Prohibit» S
Section 744(a) of ti:%: 1596 .�-ct states that the r�gulataon or the plac:sneur,
consuuction, and modification, of personal wireless ssr<ricc facilities by any
State or local government or Inst t=cnia.lity thereof shall not unreasonably
discriuunate among providers of functionally eq
uivalczrt>sorvices and shall not
ct, of prohibiting the pravtsion rs
Of Personal. wireless
prohibit or have the effe
services. 47 U.S.C. §3.32(c)(7)(B)(n). `
evi W Any person that is adve*sely affected by a stave or local gone ncnt s
aril ooh r failtrze to act that is ijaca.nsistent with Sect:iun 332(c)(7) may seek
expedited review in the court. 47 U.S.C.
•t I a difv ers n
b. ELMLa f2�A�l rig-oo---P Nsi t
't-1
Section 704(x) also rCclWres a State 4r local swernmeut to act upon a request
for authorization tO Place, construct, or modify personal wireless service
facilities within a reasonable time. Any decisil)re to deny a'request must be
trade in writing ane be supported by substantial evident- contained in a written
raoord. 47 U.S.C.
C. e ati�nsased On t n�nt�lt'73U31 'lac`• •, - -
Section 704{a) of the 1996 Act-xpressly preempts state and local goverrtstle�,t
regulation of the placement, coos'O�uc.`tlon, and a'modift-atioa of personal. Nvireless
service facilities on the basis of the environm.c'Mtal effects of rano frequency
emisscons to the extent that such facilities comity with the FCC's regulations
concerning such emissions. 47 U.S.C. §332(c)('7)(B)(lv)-
Review: Parties msy seek (ollief from the FCC if thty are adversely affected
by a stria or local goveOnment's-fina.l actio J1. or fytlura to act that as illcoosistent
—4tk fh;c nrnvic7inn. 47 11-S C. & 332(c)(7)(B)(v).
07 F?.I '102U80787 i J
. 4
3. Eedcral Guidelines Conc$ming-k-1-1-1 �.orty
Section 704(b) requires the FCC W prescribe and make effective ucw rules red riling
theenvironmental effects of radia frequency emissions, wstich arc under considcrar:on
in ET Docket 93-62, within 180 days of enac=ent of tLa 1996 Acc
NOTE: The pendency of this proceeding before the FCC doer not affect the rules
which 'cut rently are in effect governing the environmental ePcts of radio frequency
emissions. Section 704(b) gives preemplrve effecr to these eisrhig rules. See •reiwed
attachnsentl to the Fact Sheet
�jof F- Prat Qr tate v_erpm t P el
a cdcral, Pro p_gty
r
Section 704(c) of the 1996 Act requires the Pcesi&mt (or his designee) to
prescribe procedures by which the federal government may make available on a
Nr, reasonable and nor=di.scri i-atory basis, property, fig -of-way and
easements under their control, for tate placom.ent of now spcctxum-bascd
telecommunications serYicr_5
With respect tofacilities siting on stagy properly, Section 704(c) of the 1596
Act requires the FCC to provide terhnical.svport in States to en.couragc them
to make property, rights-of-way and easemcnts under their jurisdiction available
for the piacamest of now spectr=-based telco mmunieations services_
NOTA': Information concerning technical support for rower siring which the
FCC is making available to stale and local governments it attached to the .baa
Sheet
Perri r)n
nt `NirjLw services" include comrnercial mobile sorvices, unlicensed wireless
services, and com=n carrier wireless exch.igc access services. 47 U.S.C.
§132(c)(T)(C)(i)•
"Commercial mobile sey cez" are defined in Section 332 of the Cornmuricz6ons Act
a -ad the FCC's rules, and lncluda cellular telephone services regulated under Part 22 of
the FCC's rules, Si1O,. services regulated under Part 90 of the FCC's rules, and FCS
regulated under Parc 24 of the FCC's rules. 47 C-F.R §20.9.
"Unlicensed wireservices" are defined as the offering of te1.ecnr=UUiCatia=
se-rActs using duty authorized devices which do not require individual licenses; d�reet-
to home satellite services are excluded ft -cm this deEni-don. 47 U.S.C.
g312(c)(7)(C)(iii).
T. I . ...- I
p
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- - - - - - - - - - - - - - - - - - - - - -
I
rIfl : NORTHEASTERN LPHD SP LTD FAX: 40147'4 0
C- Th„
FAGS:
.1� 0
court of corrip ..'t L jutlsd ctio ThG court shall. hear
and decide such'`�tivn on an cxpediud basis. Any -
person adversely affected by an act or failure to act
by a State or local government or any ins n.nnentality
kttereof that is iaconsisu with clause (iv) may
petition the ComMissioa for relief
(C) DFMTMONS ineans
For purposes of this p --
` 'Cl) the term 'personal vvirzle_ss services' means
commercial mobile services-, urlicz:used wireless
services, end common carrier wireless exenange access
services; a
ersdnal wireless service faeilines,
Me= facilities for the provision of personal wifeless
services; and
'(iii) the term `unlicensed wireless service'
the of£czing 4tele rnrnUr1ic4tions services using duly
authorized devices which do not require individual
licenses, but does not mean the provisiosl of
direct -to -home, satellite services (as defined in
section 303(v)).".
(b) RADIO FitFQUENCy E MSIONS- Withia 1s0 days after the
fsia.ctrnent of this Act, the. C9=Mission shall compi'ete action in ET
Docket 93-62 to.prescnbe. and make effeftcve rule:►-tcatdinz ��
environmental elle= of radio frequoucy e=sion&
(c) AVATL.kBII-IZ'Y OF PROPERTY- Within 180 days of the cna.cuveat of
this Act, the President or: ,lis: designee shall prescribe procedures
by w}rich Federal departrh nN and agr=ries may make available on a
fair, reasonable, and noadiscrtminztory basis, property,
rights-of-way, and easements under their co=ol for the pla=rnent
of new telecommunications gervi= that era *end ,,in whole or
in part; upon the utiliz.a ictt of Federal spectrum rights for the
transmission or rereptivn of such servic�s. Thew procedures may
rsta.blish a prsumptiom thea requests for the use,, of property,
rights-of-way, and easements by duly authorized providers should be
granted absent unavoidab'le direct conflict with the departrnent or
agency's mission, or thb, current or planned use of'the property,
rights-of-way, and easements in question- );Ze=� nablc fets may be
charged to .providers of such talecommunication5 servicts for use of
property, rights -o£ way,, and easements. The Commission shall .�
provide technical utwport to States to encourage them to ,nske
property, rights -of -w19. and eascMet is under their jurisdiction
available for such purposet.
7
----------------------------------------,--------------------------------------------------- - - - - --
' REG EIIf, oI
JOYCE BRADS HAW
TOWN CLERK
NORTH ANDOVER
Received by Town Clerk: JUL 12 10 51 AH '97
TOWN OF NORTH ANDOVER, MASSACHUSETTS
BOARD OF APPEALS
APPLICATION FOR RELIEF FROM THE ZONING ORDINANCE
Applicant
OMWIf01N_T
COMMt10C_arjoNhtAddress 7n, M;IP-yNO Tunfoh Mq
Tel. No.5QFL�W- I 2700
on�hq I�dMin:
1. Application is hereby made: J ---) 611 6&1- mn
a)N/A
For variance from the requirements of Section
Paragraph and Table of the Zoning Bylaws.
b)
For a special Permit under Section
Paragraph -`•Z
of the Zoning Bylaws.
c)N/A
As a Party Aggrieved, for review of a decision made by
the Building Inspector or other authority.
2. a)
Premises affected are land and building(s)
numbered Street.
b)
Premises affected are property with frontage on the
North ( ) South ( ) East ( )"West (-)e side of
$�?_ QU Street .p - v j t3osf�h F{r tl 1Zor.1.
Street, and known as No.
Street.
c)
Premises affected are in Zoning District Vie and the
premises affected have an area of 110ol09l square feet
and frontage ofICJ f I.• feet. / I �
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Location
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Comments T
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3. Ownership:
a) Name and address of owner (if joint ownership, give all
names) :
�NT4MIn� (I. FArzt-ivM, qZ& f2rnvw, Sr.) N - A-,J,vcr
Date of Purchase 141A Previous Owner IF,*+ -eke o JO4n f:dvmom,
b) 1. If applicant is not owner, check his/her interest
in the premises:
Prospective Purchaser' -)L"" Lessee Other
J2. Letter of authorization for Variance/Special Permit
required.
4. Size of proposed building: N A front; feet deep;
Height stories; feet.
a) Approximate date of erection:
b) Occupancy or use of each floor:
c) Type of construction:
5. Has there be n a previous appeal, under zoning, n these
premises? If so, when? ar C H eCisiO4 2-191
6. Description of plief sought on this petition tgx-l'tKA
ri r hoh-ovan7. De d recorded ithe legistry of Deeds in Book Page
Land Court Certificate No. Book Page
A�,wtlar: C4/TA--re Of
The principal points upon which I base my application are as
follows: (must be stated in detail)
See covey
I agree to pay the filing fee, advertising in newspaper, and
incidental expenses* __1r
0h �j62� 01 OWAi 60114+ (:OMNAV611CZT'ions� �n� • -
Signature of Petitioner (s) L -0`,W (AC ASN/f2H�.
6 of 8
Rev. 06.03.96
July 18, 1997
North Andover Zoning Board of. Appeals
Town Offices
Main Street
North Andover, MA 01845
RE: Application. for Special Permit of Omnipoint
Communications, Inc.; Boston Hill Site owned
by 'Benjamin G. Farnum
Dear Board Members:
Regarding the above -captioned matter, I, Benjamin G.
Farnum, owner of the subject site, hereby give my assent to the
Application for Special Permit of Omnipoint• Communications,
Inc. I am in full support of said Application and respectfully
request that the Board grant the Special Permit.
Very truly yours,
Aenjairn G. Farnum
nsofuFffg%. PAc ,
SME Pte,,,
MP PAR #
IOi C 11 NAME
�mE�ts:
107A I yq do SI rea,
C/o Robert W , D ZOA,,,
1678 7 Joh
� C. FurnWn,.
D $631
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1.2.0 2.8
Consulting Group, Inc.
TELECOIXINIU''N ICA TIONS
10 AM - July 22, 1997
Town Clerk
Zoning Board of Appeals
Building Inspector
146 Main Street
North Andover, MA 01845
40YO,E 9AAQaH�#,Vl
ayay++ Tti4liR C,tegf —:R
JUL 22 10 03 AR T'
RE: SPECIAL PERMIT APPLICATION ON BEHALF OF
OMMTOffH 1U COMMUNIIcAn 000,7 ffKa.
for
TWO ANTENNA ARRAYS
FOR OPERATING A PERSONAL COMMUNICATION SYSTEM (PCS)
Wireless Telecommunications Network
Dear Members of the Zoning Board and Mr. Nicetta,
On behalf of the applicant, Omnipoint Communications, Inc., I am pleased to submit herewith
this cover letter a completed special permit application and sets of plans proposing two an-
tenna arrays to be placed on an existing six -story concrete tower on the Ben Farnum property
located on Route 114 in North Andover.
Included with this cover letter are the following:
1) Original and ten copies of the completed application.
2) A certified abutter list signed by Mr. John Spiedel, dated, 7/17/97.
3) Ten copies of the five -sheet -set of plans.
4) One set of mylars. (Additionally, one wet -stamped set of mylars are to be submit-
ted prior to the public hearing.)
5) One wet -stamped vellum set of plans with original RLS and PE signatures.
6) Filing fee check for $25.00 made out to the Town of North Andover.
7) Authorization letter from the property owner, Benjamin Famum.
Discussion
On behalf of the applicant, Omnipoint Communications, Inc., we seek the Board's action on a
petition filed under Section 9, Paragraph 9.2 of the North Andover Zoning Bylaw.
The plans accompanying this letter show equipment and antenna arrays proposed for the ex-
isting six -story concrete tower on the Benjamin Farnum property on Route 114 in North Ando
ver. The existing, 85 foot tall, six -story concrete tower is a pre-existing, non -conforming use
located in the VR - Village Residential zone.
VVIOF
Consulting Group, Inc.
TELECOIXINIU''N ICA TIONS
10 AM - July 22, 1997
Town Clerk
Zoning Board of Appeals
Building Inspector
146 Main Street
North Andover, MA 01845
40YO,E 9AAQaH�#,Vl
ayay++ Tti4liR C,tegf —:R
JUL 22 10 03 AR T'
RE: SPECIAL PERMIT APPLICATION ON BEHALF OF
OMMTOffH 1U COMMUNIIcAn 000,7 ffKa.
for
TWO ANTENNA ARRAYS
FOR OPERATING A PERSONAL COMMUNICATION SYSTEM (PCS)
Wireless Telecommunications Network
Dear Members of the Zoning Board and Mr. Nicetta,
On behalf of the applicant, Omnipoint Communications, Inc., I am pleased to submit herewith
this cover letter a completed special permit application and sets of plans proposing two an-
tenna arrays to be placed on an existing six -story concrete tower on the Ben Farnum property
located on Route 114 in North Andover.
Included with this cover letter are the following:
1) Original and ten copies of the completed application.
2) A certified abutter list signed by Mr. John Spiedel, dated, 7/17/97.
3) Ten copies of the five -sheet -set of plans.
4) One set of mylars. (Additionally, one wet -stamped set of mylars are to be submit-
ted prior to the public hearing.)
5) One wet -stamped vellum set of plans with original RLS and PE signatures.
6) Filing fee check for $25.00 made out to the Town of North Andover.
7) Authorization letter from the property owner, Benjamin Famum.
Discussion
On behalf of the applicant, Omnipoint Communications, Inc., we seek the Board's action on a
petition filed under Section 9, Paragraph 9.2 of the North Andover Zoning Bylaw.
The plans accompanying this letter show equipment and antenna arrays proposed for the ex-
isting six -story concrete tower on the Benjamin Farnum property on Route 114 in North Ando
ver. The existing, 85 foot tall, six -story concrete tower is a pre-existing, non -conforming use
located in the VR - Village Residential zone.
Page 2
As the plans show in detail, two arrays are proposed (Sector A and Sector B antennas, Sheets
A-1, A-2 & A-3) consisting of two antennas each attached to two different sides of the build-
ing. The BTS (Base Transceiver Station) unit will be located within the existing structure on the
4th floor, as shown on the plans. The petitioner seeks a Special Permit to install and use said
equipment for operating a Personal Communication System (PCS) Wireless Telecommunications
Network.
The proposed site is currently used for telecommunications purposes, a non -conforming use in a
residential zone. As referenced in the Board's February, 1997 Sprint decision, the land and
structures located thereon have a history of use for telecommunications purposes.
The site has been the subject of at least five previous Board decisions, including the 1997 Sprint
decision. Notably, the Board issued a 1982 decision upon the application of Benjamin Farnum
confirming the non -conforming use of the site for telecommunications purposes. Subsequently,
Special Permits were issued to WNEV, NYNEX Mobile Communications, and most recently,
Sprint.
With respect to provision #3 (the 257o question) in Section 9.2, the antennas proposed are mod-
est in dimension with respect to the 85t foot high and 26t foot wide tower. Each antenna is 53
inches tall x 8.7 inches wide x 2.7 inches deep. The BTS unit is 4.25 feet wide x 5.8 feet tall x
2.33 feet deep and is to be located within the existing structure on the 4th floor.
Should the Board or Building Inspector require any further information to support our applica-
tion, please do not hesitate to both, call me directly at (617) 861-8932, and, contact Attorney
Domenic Scalise at his office, (508) 682-4153.
We look forward to meeting with the Board to present the plans and discuss any issues or con-
cerns the Board may have regarding our petition. We thank you for your cooperation and ef-
forts in this matter.
Respectfully Submitted,
Markus Pinney, LandUse onsultant w/ JM Consulting Group, Inc.
cc:
Attorney, Mr. Domenic Scalise
Mr. Benjamin Farnum