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TOWN OF NORTH ANDOVER
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Town of Nortth. An.
Office of the Zoning Board of Appeals
Community Development and Services Division
27 Charles Street
North Andover, Massachusetts 01845
D. Robert Nicetta.
Building Commissioner
Any appeal shall be filed Modification of Decision
within (20) days after the Year 2002
date of filing of this notice
in the office of the Town Clerk. Property at: Boston Street
Telephone (978) 688-9541
Fax(978)688-9542
NAME: Benjamin Farnum, 397 Farnum Street DATE: 4/26/02
ADDRESS: for premises at: Boston Street PETITION: 2002-011
North Andover, MA 01845 HEARING(s): 3/12/02
Modification hearin 4/24/02
The North Andover Board of Appeals held a meeting on Wednesday, April 24, 2002 for modification of
decision on Petition 2002-011, Dated 3/22/02, the application of Benjamin Farnum, 397 Farnum Street for
premises at: Boston Street, North Andover. The modification of decision is to change the clerical error
from the words "Special Permit" to the words "Building Permit'. The remainder of the decision remains
in effect as written.
The following members were present and voted in favor: Robert P. Ford, John M. Pallone, Ellen P.
McIntyre and George M. Earley.
Town of North Andover
Board of Appeals,
Ro P. Ford, Act g Cha'
Decision2002-011 Modification 42402
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Telephone (978) 688-9541
Fax(978)688-9542
NAME: Benjamin Farnum, 397 Farnum Street DATE: 4/26/02
ADDRESS: for premises at: Boston Street PETITION: 2002-011
North Andover, MA 01845 HEARING(s): 3/12/02
Modification hearin 4/24/02
The North Andover Board of Appeals held a meeting on Wednesday, April 24, 2002 for modification of
decision on Petition 2002-011, Dated 3/22/02, the application of Benjamin Farnum, 397 Farnum Street for
premises at: Boston Street, North Andover. The modification of decision is to change the clerical error
from the words "Special Permit" to the words "Building Permit'. The remainder of the decision remains
in effect as written.
The following members were present and voted in favor: Robert P. Ford, John M. Pallone, Ellen P.
McIntyre and George M. Earley.
Town of North Andover
Board of Appeals,
Ro P. Ford, Act g Cha'
Decision2002-011 Modification 42402
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BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535
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Town of North Aiidovea
Office of the Zoning Board of Appeals
Community Development and Services Division
Heidi Griffin, Division Director
27 Charles Street
North Andover, Massachusetts 01845
D. Robert Nicetta
Building Commissioner
Any appeal shall be filed Notice of Decision
within (20) days after the Year 2002
date of filing of this notice
in the office of the Town Clerk. Property at: Boston Street
Telephone (978) 688-9541
Fax(978)688-9542
NAME: Benjamin Farnum, 397 Farnum Street DATE: 3/22/02
ADDRESS: for premises at: Boston Street PETITION: 2002-011
North Andover, MA 01845 HEARING(s): 3/12/02
The North Andover Board of Appeals held a public hearing at its regular meeting on Tuesday, March 12,
2002, at 7:30 PM upon the application of Benjamin Farnum, 397 Farnum Street for premises at: Boston
Street, North Andover, requesting a Finding as a Party Aggrieved of the Building. Commissioner's Decision
denying a Special Permit for the erection of two microwave antennae on an existing tower within the
Village Residential zoning district.
The following Board members were present: Robert P. Ford, John M. Pallone, Ellen P. McIntyre, George
M. Earley, & Joseph D. LaGrasse.
Upon a motion made by John M. Pallone and 2°d by Ellen P. McIntyre the Board voted to GRANT the
FINDING of the applicant as a Party Aggrieved of the Building Commissioner's decision and instruct the
Building Commissioner to issue a Building Permit for the erection of two microwave antennae on the
existing tower. Voting in favor: Robert P. Ford, John M. Pallone, Ellen P. McIntyre, George M. Earley, &
Joseph D. LaGrasse.
The Board finds that the petitioner has satisfied the provisions of Section 10, paragraph 10.4 of the Zoning
Bylaw and that the granting of this finding will not adversely affect the neighborhood or derogate from the
intent and purpose of the Zoning Bylaw.
Town of North Andover
B d,ofAp ,
Robert P. Ford, Acting Chairman
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Town of North Andover
Office of the Zoning Board of Appeals
Community Development and Services Division
Heidi Griffin, Division Director
27 Charles Street
North Andover, Massachusetts 01845
D. Robert Nicetta
Building Commissioner
Legal Notice
North Andover, Board of Appeals
Telephonea78) 688-9541
Fax (978) -9542
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Notice is hereby given that the Board of Appeals will hold a public hearing at the Seng
Center, 120R Main Street,Tlorth Andover, MA on Tuesday the 12th of March, 2002 at'
7:30 PM to all parties interested in the appeal of Benjamin Farnum, 397 Farnum Street
for premises at: Boston Street, North Andover, for a Finding as a Party Aggrieved of the
Building Commissioner's Building Permit denial for the erection of two microwave
antennae on an existing tower.
The sgid premise affected ins property with frontage on the North West side of Boston
Street within the VR zoning district.
Plans are available for review at the office of the Building Department 27 Charles Street,
North Andover, MA Monday through Thursday from the hours of 9:00 AM to 2:00 PM.
By order of the Board of Appeals
William J. Sullivan, Chairman
Published in the Eagle Tribune on February 25 & March 4, 2002.
Legalnotice 2002-011
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Town of North Andover iaaR
Office of the Plan M -*ng Department R_
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Co unity Development and Services Division
27 Charles street
North Andover, Massachusetts 01845
Heidi Griffin CHUS
Planning Director Telephone (978) 688-953
Fax (978) 688-9542
August 21, 2001
Mr. Francis A. DiLuna
600 Unicorn Park Drive
Woburn, Massachusetts 01801-3342
RE: Request for Building Permit ApplicationI
Map 107C, Lot 11
Dear Mr. Dffuna:
This letter is to confirm our telephone conversation of July- 27, 2001.
am Writing this letter to once again inform you
.Specifically, I will require the following items- .
1, decision requires that the applicant place into escrow a sum of
money to cover the costs -of removing the facility from
the subject property...
2.decision requires that insurance in a reasonable amount
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determined and approved by the SPGA after consultatioia at the expense' of the
applicant with one (1) or more insurance companies shall be in force to cover
damage from the structure, damage from tra=='Ons and other site
liabilities
3 the wo
decision requires that funds, sufficient in the opinion of the
SPGA to cover annual maintenance of the facility, shall be plac, . ed into escrow
and shall be held by the independent escrow agent who shall be authorizedtoexpend. the funds for the maintenance of the facility on terms to be agreed
DO;N-P,DOF-L'kPP',7.A,LS6'og-9;41 BIALI)PNG688-9545 CONSERVATION 688-9530 HEAJJ_H6,R?-9540 PLANNIP"G681-1-953i
upon by the carrier and the SPGA as a condition of approval of the special
permit.
y$g1ftt x4 bt ofohe decision requires that a bond in theamount of $5,000 be
P6sted . .
543
equires that a construction schedule be submitted to the Planning
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Staff.. anntng
6 ifequires that a noise survey providing evidence of baseline noise
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:conditions be provided.....
7. `=-5=quires the applicant provide the necessary escrow accounts and
nY!<i� ey...i..
msurance as required in the ABOVE sections (listed in all above numbered .
items).
g'or`the decision requires that final site plan mylars must be endorsed
and three copies delivered to the Planning Department.
I have yet to receive any of the above requested items which I asked for during our last
telephone conversation. If you could kindly respond as to .when you anticipate
providing these items, I would greatly appreciate it. '
Sincerely,
Heidi Griffin
Planning Director
cc: Robert Nicetta, Building Commissioner
Town of North Andover
OFFICE OF
COMMUNITY DEVELOPMENT AND SERVICES
27 Charles Street
WILLIAM J. SCOTT North Andover, Massachusetts 01845
Director
(978)688-9531
April 5, 2000
Mr. Thomas Urbelis
Urbelis, Fieldsteel & Bailin, LLP
155 Federal Street
Boston, MA 02110-1727
RE: Boston Ski Hill — Telecommunications Tower Application
Dear Mr. Urbelis:
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Fax(978)688-9542
The Chairman of the Zoning Board of Appeals, Walter Soule, has been in contact with
the Planning Board Chairman, Alison Lescarbeau, and has asked questions regarding the
procedural requirements of the telecommunications tower on Ben Farnum's property.
Mr. Soule is referring to the Zoning Board of Appeals Decision issued on February 24,
1997 (attached), specifically to condition #5, which states "This special permit applies to
only the two antenna arrays identified in the Petition, including the plans submitted
therewith. Any further installation contemplated shall require separate application to this
Board for a special permit".
At Town Meeting in May of 1998, the Town adopted a Wireless Service Facilities
Bylaw, herein adopted and referenced as Section 8.9 of the Town of North Andover
Zoning Bylaw. The SPGA referred to in this section is the Planning Board, where in the
past it was the Zoning Board of Appeals.
As such, would this mean that Mr. Farnum is grandfathered from applying under the
newly adopted Section 8.9 of the Zoning Bylaw and applying to the Planning Board for a
special permit, and that he is eligible to file for a special permit with the Zoning Board of
Appeals instead?
And, if this is true, should the Planning Board revoke their decision issued to AT&T
Wireless that was granted to them on April 21, 1999?
I look forward to your opinion on these matters.
BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535
Aside from the abovementioned, I have scheduled a public hearing for the proposal on
May 2, 2000. If I receive feedback from Town Counsel that would indicate that the
parcel is not eligible to be grandfathered, I will let you know immediately. I would also
like to point out that any variances required are typically obtained prior to the Planning
Board hearing. However, I understand your dilemma relative to the height of the
buildings and the Board of Appeal's direction to you, and will place the item on the
Planning Board agenda for May 2, 2000.
If you have any questions, please do not hesitate to contact me.
Sincerely,
Heidi Griffin
Town Planner
cc: Robert Nicetta, Building Commissioner
Tom Urbelis, Town Counsel
Town of North Andover of µ° oT `A
16
Office of the Zoning Board of Appeals
Community Development and Services Division
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Heidi Griffin, Division Director
27 Charles Street 1SS�c►+us�t
D. Robert Nicetta North Andover, Massachusetts 01845 Telephone (978) 688-9541
Building Commissioner Fax (978) 688-9542
Any appeal shall be filed Notice of Decision
within (20) days after the Year 2002
date of filing of this notice
in the office of the Town Clerk. Property at: Boston Street
NAME: Benjamin Farnum, 397 Farnum Street DATE: 3/22/02
ADDRESS: for premises at: Boston Street PETITION: 2002-011
North Andover, MA 01845 HEARING(s): 3/12/02
The North Andover Board of Appeals held a public hearing at its regular meeting on Tuesday, March 12,
2002, at 7:30 PM upon the application of Benjamin Farnum, 397 Farnum Street for premises at: Boston
Street, North Andover, requesting a Finding as a Party Aggrieved of the Building. Commissioner's Decision
denying a Special Permit for the erection of two microwave antennae on an existing tower within the
Village Residential zoning district.
The following Board members were present: Robert P. Ford, John M. Pallone, Ellen P. McIntyre, George
M. Earley, & Joseph D. LaGrasse.
Upon a motion made by John M. Pallone and 2°d by Ellen P. McIntyre the Board voted to GRANT the
FINDING of the applicant as a Party Aggrieved of the Building Commissioner's decision and instruct the
Building Commissioner to issue a Building Permit for the erection of two microwave antennae on the
existing tower. Voting in favor: Robert P. Ford, John M. Pallone, Ellen P. McIntyre, George M. Earley, &
Joseph D. LaGrasse.
The Board finds that the petitioner has satisfied the provisions of Section 10, paragraph 10.4 of the Zoning
Bylaw and that the granting of this finding will not adversely affect the neighborhood or derogate from the
intent and purpose of the Zoning Bylaw.
Town of North Andover
B d,ofAp ,
Robert P. Ford, Acting Chairman
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Building Commissioner
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Office of the Zoning Board of Appeals
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North Andover, Massachusetts 01845 CHU
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Zoning Board of Appeals
27 Charles Street
North Andover, Massachusetts 01845
FAX: 978-688-9542
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Fax Log Report
Jun -12-02 14:56
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Office of the Zoning Board of Appeals ?t°`.`° _° °
Community Development and Services Division
27 Charles Street
North Andover, Massachusetts 01845 9SSgCHUSE�
D. Robert Nicetta Telephone (978) 688-9541
Building Commissioner Fax (978) 688-9542
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Zoning Board of Appeals
27 Charles Street
North Andover, Massachusetts 01845
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item 4 if Restricted Delivery is desired.
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so that we can return the card to you.
■ Attach this card to the back of the mailpiece,
or on the front if space permits.
1. Article Addressed to:
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Domestic Return Receipt 102595-02-M-0835
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Town of North Andover
Office of the Zoning Board of Appeals
Community Development and Services Division
27 Charles Street
North Andover, Massachusetts 01845
D. Robert Nicetta
Building Commissioner
May 15, 2002
Francis A. Dil-una, Esq.
Murtha Cullina
Roche Carens & DeGiacomo
600 Unicorn Park Drive
Woburn, Massachusetts 01801-3343
Dear Attorney DiLuna:
This is a duplicate copy of the corrected decision, #2002-011.
Thank you for your attention.
Sincerely
Michel Glennon
ZBA Secretary
Encl.
MCG:im
CC: D. Robert Nicetta, Building Commissioner
ZBA files
Telephone (978) 688-9541
Fax (978) 688-9542
BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535
Town of North Andover
Office of the Zoning Board of Appeals
Community Development and Services Division
27 Charles Street
North Andover, Massachusetts 01845
D. Robert Nicetta
Building Commissioner
FAX TRANSMISSION
TO: II ,,
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FAX NUMBER: ro / %� 3 `{� — b l �•� _
FROM: Town of North Andover
Zoning Board of Appeals
27 Charles Street
North Andover, Massachusetts 01845
FAX 978-589542
PHONE: 978-68&954,
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SUBJECT: 0. _ ,[
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NUMBER OF PAGES:
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Telephone (978) 688-91541
Fax (978) 688-9542
30ARD OF 1PPEALS 688-9541 BLULDINIG 688-9545 CON'SERVA'nONT 688-9530 HEALTH 688-9540 PLAN rNG 688-9535
Town of North Andover
Office of the Zoning Board of Appeals
Community Development and Services Division
27 Charles Street
North Andover, Massachusetts 01845
D. Robert Nicetta
Building Commissioner
April 29, 2002
Thomas J. Urbelis, Esq.
Urbelis, Fieldsteel & Bailin, LLP
155 Federal Street
Boston, Massachusetts
02110-1727
Dear Attorney Urbelis:
Telephone (978) 688-9541
Fax(978)688-9542
Mr. Nicetta (and several Board of Appeals members) received the Tracking Order - F Track today. Mr.
Nicetta asked me to fax the Tracking Order and some of its history to you.
Thank you for your concern.
Sincerely,
;zx
Michel Glennon
ZBA clerk
MCG:im
Encl.5
CC: D. Robert Nicetta, Building Commissioner
ZBA files
BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535
Commonwealth of Massachusetts
County of Essex
The Superior Court
CIVIL DOCKET# ESCV2002-00695
RE: Farnum v Ford / member of the North Andover Board of Appeals et al
TO:Francis A DiLuna, Esquire
Murtha Cullina Roche Carens & DeGiacomc
600 Unicorn Park Drive
Woburn, MA 01801
TRACKING ORDER - F TRACK
You are hereby ; m-tified that this case is on the -fast (F) track as per Superior
Court Standing Order 1-88. The order, requires that the various stages of litigation
described below must be completed not later than the deadlines indicated.
STAGES OF LITIGATION DEADLINE
Service of process made and return filed with the Court
05/03/2002
Response to the complaint filed (also see MRCP 12)
z
All motions under MRCP 12, 19, and 20 filed
09/09/2002
All motions under MRCP 15 filed
09/09/2002
All discovery requests and depositions completed
02/06/2003
All motions under MRCP 56 filed and heard
03/08/2003
Final pre-trial conference held and firm trial date set
04/07/2003
Case disposed
06/06/200A
The final pre-trial deadline is not the scheduled date of the conference.
You will be
notified of that date at a later time.
Counsel for plaintiff must serve this tracking order on defendant before the
deadline for filing return of service.
This case is assigned to session C sitting in
CtRm 3 (Lawrence) at Essex Superior Court.
Dated: 04/19/2002
Thomas H. Driscoll Jr.,
APR 2 9 2002 Clerk of Courts
BOARD OF APPEALS BY:
Kevin Jones
Assistant Clerk
Location: CtRm 3 (Lawrence)
Telephone: (978) 687-7463
Check website as to status of case: http✓/ma-triakourts.org/tcic
cvdtracf_2.wpd 316963 notsent exarhose
Town of North Andover
Office of the Zoning Board of Appeals
Community Development and Services Division
27 Charles Street
North Andover, Massachusetts 01845
D. Robert Nicetta
Building Commissioner
Any appeal shall be filed Modification of Decision
within (20) days after the Year 2002
date of filing of this notice
in the office of the Town Clerk. Property at: Boston Street
Telephone (978) 688-9541
Fax (978) 688-9542
NAME: Benjamin Farnum, 397 Farnum Street DATE: 4/26/02
ADDRESS: for premises at: Boston Street PETITION: 2002-011
North Andover, MA 01845 HEARING(s): 3/12/02
Modification hearing: 4/24/02
The North Andover Board of Appeals held a meeting on Wednesday, April 24, 2002 for modification of
decision on Petition 2002-011, Dated 3/22/02, the application of Benjamin Farnum, 397 Farnum Street for
premises at: Boston Street, North Andover. The modification of decision is to change the clerical error
from the words "Special Permit" to the words "Building Permit". The remainder of the decision remains
in effect as written.
The following members were present and voted in favor: Robert P. Ford, John M. Pallone, Ellen P.
McIntyre and George M. Earley.
Town of North Andover
Board of Appeals,
�Ro�PFord, Act g Cha'
Decision2002-011 Modification 4-24-02
BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535
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Town of North Andover
Office of the Zoning Board of Appeals 0
Community Development and Services Division
Heidi Griffin, Division Director
27 Charles Street
D. Robert Nicetta North Andover, Massachusetts 01845 Telephone (978) 688-9541
Building Commissioner Fax (978) 688-9542
Any appeal shall be filed Notice of Decision
within (20) days after the Year 2002
date of filing of this notice
in the office of the Town Clerk. Property at: Boston Street
NAME: Benjamin Farnum, 397 Farnum Street DATE: 3W02
ADDRESS: for -premises at: Boston Street PETITION: 2002-01
North Andover, MA.01845 REARING(s): 3/12/02
The North Andover Board of Appeals held a public hearing at its regular meeting on Tuesday, March 12,
2002, at 7:30 FM upon the application of Benjamin Farnum, 397 Farnum Street for premises at. Boston
Street,, North Andover, requesting a Finding as a Party Aggrieved of the BuildiriaCommissioner's Decision
denying a Special Permit for the erection of two microwave antennae on an existing tower within the
Village Residential zoning Aistrict.
The following Board members were present: Robert P. Ford, John M. PWIcne, Ellen P. McIntyre, George
M. Earley, -& Joseph D. LaGrasse.
Upon a motion made by John K Pallone, and TA by Ellen P. McIntyre the Board voted to GRANT the
FINDING of the applicant as a Party Aggrieved of the Building Commissioner's decision and instruct the
Building Commissioner to issue a Building Permit for the erection oftwo microwave antennae onthe
existing tower. Voting in favor: Robert P. Ford, John At Pallone, Ellen P. McIntyre, George At Earley, &
Joseph D. LaGrasse.
The Board finds that the petitioner has satisfied the provisions of Section 10, paragraph 10.4 of the Zoning
Bylaw and that the gr.anting ofthis finding will not adversely affect the neighborhood or derogate from the
intent and purpose of the Zoning Bylaw.
Town of North Andover
B d,.of Ap
Robert P. Ford, Acting Chairman
C-
Decision2002-011
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Exhibit "E"
i Town of North Andover
Office of the Bu fi ft Department
Community Development and Services Division
V Charles Street
Noah Andover, klasxachaestts 01845
D. Robert •Nicetta
Building Ccmmisl ww
Jum" 29 2002
Mr..Bea�amin Faroam
397Famum &Xft
North Andover, MA 01843
P.03
Telephone (9T8) 688-9545
Pax (9/0) 68&9542
RE'BuOdipgpank State BuIding Code;Appesh Board
M --10M P-11 Docket Nmnher: 01-133
Boston Strut Date: December 203'2001
'North Andover, MA Ir
Mar Mr. Farman;
The propose of this correspondme is to,deny Your appHoation Eor a &u'Iding Pevcmic to
add and etre two (2) bfiCmwave Antennas at the referred location pursuant to 780 aa,
the State RUN%$ Code– Sixth Edition, s.111.1 -and x.11.1.2.
The denial is b>tsed on the applicaat not complying with zoning iames, apPatbj in the
SPW AL CONMMONS, as noted in the Planning Board Special Peamit dated April 21,
19992. spelly, Items ic,2a,2b,4b,sa,5cl�5d,3a, Correspondence From Heidi Giffin to
Atty. Francis Mango citing the items is enclosed for your review.
Than tg you for yvor COOPftitim in this matter, I remain,
Yoga U*V
D. Robert Moa to
Big Commdwer
CC: ' Thomas Urbek Town Counsel
- HM Gft DhWor CD&S
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CERT D MAIL NO. 7000 0520 00215970 9689
SOAM OF APPEALS 6M9541, s[m,nmG 688-9543 COMER VA77ON E29-9530 REALTH 698-9340 PLAWWO 686-9335
Exhibit "A"
MURTHA CULLINA
ROCHE CARENS Sz `DEGLACOMO
A L I M ITF D LIABILITY PARTH E R S H I P
D. Robert Nicetta
Building Inspector
Municipal Building
120 N. Main Street
jjo. Andover, Massachusetts 01845
600 UNICORN PARK DRIVE
WOBURN, MASSACHU5EM 01801-3343
4 TELEPHONE (781)933-5505
FACSIMILE (781)933-1530
wwwmurt w1mcom
June 29, 2001
RE: Building P mut, Boston Street, Mau 107C Parcel 11
Dear W. Nicetta:
Enclosed herewith please find:
1. A Building Permit Application;
2. Form U;
3. Certified Plot Plan;.
4. Three (3) Building Pians; and
5. Attested Copy of Special Permit authorizing the use of the site for tower
purposes.
A C.S.L: License is not necessary because the land owner will be installing.the
equipment. Whereas the land owner is neither a contractor or subcontractor as defined by
G.L.c. 142A§1, no such license is necessary.
I find no statutory or regulatory provision for a "Control Construction Form" and
therefore I am unable to provide the same. There is no contract, Peer Review (780 CMR
110.11) and the Mascheck Energy Compliance. Report (780 CMR J1.1.3) are not
applicable.
Kindly forward the Permit' to Ben Farnum at 397 Farmm c'''am No Andover
Massachusetts 01845 and a copy to me with the same. If you. have
do not hesitate to contact me. �-�-
FAD/dmt
Enclosures_
rations, please
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MURTHA CULLINA
ROCHE CARENS & DEGIACOMO
A L I M I T E D L I A B I L I T Y P A R T N E R S H I P
D. Robert Nicetta,
Building Inspector
Town of North Andover
Municipal Building
120 Main Street
North Andover, Massachusetts 01845
600 UNICORN PARK DRIVE
WOBURN, MASSACHUSETTS 01801-3343
TELEPHONE (781) 933-5505
FACSIMILE (781) 933-1530
www.murthalaw.com
May 14, 2002
RE: Benjamin G. Farnum, 397 Farnum Street, North Andover, MA
Dear Inspector Nicetta:
Please forward to this office the original Building Permit issued pursuant to the
North Andover Board of Appeals Petition Docket No. 2002-011.
FAD/mjf
MAY 2 0 2002
BOARD OF APPEALS
Very truly yours,
Francis A. DiLuna
RECEIVED
MAY I 1 ?002
BUILDING DEPT.
B O S T O N H A R T F O R D N E W H A V E N W 0 B U R N
Town of North Andover
Office of the Zoning Board of Appeals
Community Development and Services Division
27 Charles Street
North Andover, Massachusetts 01845
D. Robert Nicetta,
Building Commissioner
FAX TRANSMISSION
TO: f;7
FAX NUMBER: q .3 I y 37)
FROM: Town of North Andover
Zoning. Board of Appeals
27 Charles Street
North Andover, Massachusetts 01845
FAX: 978-688-9542
PHONE: 978-688-9541
DATE
SUBJECT:+/ ort
NUMBER OF PAGES:_
Telephone (978) 688-9541
Fax (978) 688-9542
BOARD OF .APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535
r
Town of forth Andover
Office of the Zoning Board of Appeals
Upmunity Development and Services Division
27 Charles Street
North Andover, Massachusetts 01845
D. Robert Nicetta
Building Commissioner
Any appeal shall be filed Modification of Decision
within (20) days after the Year 2002
date of filing of this notice
in the office of the Town Clerk. Property at: Boston Street
Telephone (978) 688-9541
Fax (978) 688-9542
NAME: Benjamin Farnum, 397 Farnum Street DATE: 4/26/02
ADDRESS: for premises at: Boston Street PETITION: 2002-011
North Andover, MA 01845 HEARING(s): 3/12/02
Modification hearing: 4/24/02
The North Andover Board of Appeals held a meeting on Wednesday, April 24, 2002 for modification of
decision on Petition 2002-011, Dated 3/22/02, the application of Benjamin Farnum, 397 Farnum Street for
premises at: Boston Street, North Andover. The modification of decision is to change the clerical error
from the words "Special Permit" to the words "Building Permit". The remainder of the decision remains
in effect as written.
The following members were present and voted in favor: Robert P. Ford, John M. Pallone, Ellen P.
McIntyre and George M. Earley.
Town of North Andover
Board of Appeals,
;<Rert
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P. Ford, A g Cha'
Decision2002-011 Modification 4-24-02
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Town of North Andover
Office of the Zoning Board of Appeals
Community Development and Services Division
27 Charles Street
North Andover, Massachusetts 01845
D. Robert Nicetta.
Building Commissioner
TO:
d Le r,+ P,
FAX TRANSMISSION
FAX NUMBER: __ 9 79 333
FROM: Town of North Andover
Zoning Board of Appeals
27 Charles Street
North Andover, Massachusetts 01845
FAX: 978-688-954.2
PHONE: 978-688-9541
DATE: _ ' r�� - ca
SUBJECT: F-ar n L4 41 cofl'PL�,
NUMBER OF PAGES_ D_
REMARKS:
Telephone (978) 688-9541
Fax (978) 688-9542
BOARD OF APPEALS 688-9541 BLTILDINTG 688-9545 COlv'SERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535
Town of North Andover
Office of the Zoning Board of Appeals
Upmunity Development and Services Division
27 Charles Street
North Andover, Massachusetts 01845
D. Robert Nicetta
Building Commissioner
Any appeal shall be filed
within (20) days after the
date of filing of this notice
in the office of the Town Clerk.
Modification of Decision
Year 2002
Property at: Boston Street
Telephone (978) 688-9541
Fax (978) 688-9542
NAME: Benjamin Farnum, 397 Farnum Street DATE: 4/26/02
ADDRESS: for premises at: Boston Street PETITION: 2002-011
North Andover, MA 01845 HEARING(s): 3/12/02
Modification hearing: 4/24/02
The North Andover Board of Appeals held a meeting on Wednesday, April 24, 2002 for modification of
decision on Petition 2002-011, Dated 3/22/02, the application of Benjamin Farnum, 397 Farnum Street for
premises at: Boston Street, North Andover. The modification of decision is to change the clerical error
from the words "Special Permit" to the words "Building Permit". The remainder of the decision remains
in effect as written.
The following members were present and voted in favor: Robert P. Ford, John M. Pallone, Ellen P.
McIntyre and George M. Earley.
Town of North Andover
Board of Appeals,
- -
Ro P. Ford, A g Cha'
Decision2002-011 Modification 4-24-02
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Identification
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Apr -26-02 13:16
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E-MAILADDRESS SIGNED
PHONED [:11
BACK ❑
CALL RNED ❑
SEE YOU° ❑
AGAIN ALL ❑ WAS IN ❑
URGENT ❑
Town of North Andover, Zoning Board of Appeals
APPLICANT'S PROPERTY: list by map, parcel, name and address
(PLEASE PRINT CLEARLY, USE BLACK INK)
MAP IPARCEL I NAME FAD
ABUTTERS PROPERTY: list by map, parcel, name and address
(PLEASE PRINT CLEARLY, USE BLACK INK)
MAP I PARCEL I NAME / ADDRESS
THIS INFORMATION WAS OBTAINED
ASSESSOR'S AT THE ASSESSOR'S OFFICE AND CERTIFIED BY THE
OFFICE:
BY: DATE:
SIGNATURE, ASSESSOR, TOWN OF NORTH ANDOVER
Required list of parties of interest Page one of
u
TOWN OF NORTH ANDOVER
BOARD OF APPEALS
IN RE: Building Permit Denial
Map 107C, Parcel 11
Boston Street
North Andover, MA
FACTS
O 1. On or about June 29, 2001, Mr. Farnum caused to be filed with the
Building Inspector a Building Permit (See Exhibit "A").
2. On or about August 15, 2001, Mr. Farnum informed the Building
Inspector that he -was not in compliance with the provisions of 780 CMR 111.1 in that he
never acted upon the June 29th Application (See Exhibit `B").
3. On or about September 28, 2001, Mr. Farnum caused to be filed with the
Board of Regulation and Standards, State Building Code Appeals Board, an appeal
relating to the Building Inspector's inaction. (See Exhibit "C").
4. On or about December 20, 2001, the State Building Code Appeals Board
ordered the Building Inspector to take action as set forth in Section 111.1 of the State
Building Code (See Exhibit "D"). ,
5. On January 2, 2002, the Building Inspector denied the June 29, 2001
Building Permit Application (See Exhibit "E").
6. The Building Inspector relied on an August 21, 2001 letter from the
Planning Director, Heidi Griffin, to counsel for the Applicant (See Exhibit "F").
O
7. The letter of August 21, 2001 requires the following of Mr. Farnum:
a) Place into escrow a sum of money to covet the costs or removing the
facility from the subject property.
b) Obtain insurance in a reasonable amount determined and approved by the
SPGA after consultation at the expense of the applicant with (1) or more
insurance companies shall be in force to cover damage from the structure,
damage from transmissions and other site liabilities.
That funds, sufficient in the opinion of the SPGA to cover annual-
maintenance
nnualmaintenance of the facility, shall be placed into escrow and shall be held
ss
1� R 12 2002
1
O BOARD OF APPEALS
c:\nrportbl\boston\mfeeney\211329—I.doc
by the independent escrow agent who shall be authorized to expend the
funds for the maintenance of the facility on terms to be agreed.
d) That a bond in the amount of $5,000 be posted.
e) That a construction schedule be submitted to the Planning Staff.
f) That a noise survey providing evidence of baseline noise conditions be
provided.
g) That he provide the necessary escrow accounts and -insurance as required
in the ABOVE sections (listed in all above numbered items).
O
h) That final site plan Mylars must be endorsed and three copies delivered to
the Planning Department.
The above conditions are imposed pursuant to a Special Permit relating to a
prior Petition of AT&T Wireless (See Exhibit "G").
DISCUSSION
The Building Permit For The Attachment Two Dishes To The Existing
Structure Does Not Require A Special Permit.
The Premises consist of a parcel approximately 9.45 acres in size, located off of
the west side of Route 114 and Boston Street. The Premises have been used for
telecommunication purposes since the late 1950's; several pre-existing buildings and
structures sit on the Premises. The pre-existing buildings include an approximately 85-
foot tall_ concrete tower on which an approximately 62 foot tall triangular lattice -style
antenna tower sits, and several smaller one-story wood and steel structures. Multiple
panel, whip, cone, dish and other style antennas are attached to the tower building and the
YNEX Mitre
lattice tower. These antennas serve N Corporation, North Andover Civil
O Defense, Sprint Spectrum and Omnipoint Communications.
The ZBA granted a variance in 1957 to permit the construction of a structure
exceeding the height limitation then in effect under the Bylaw (See Exhibit "IT'). The
use of the Premises for telecommunication towers was a permitted use at that time. The
present structures on the Premises were built in the late 1950's and were originally
utilized for radar research and telecommunication ,purposes by MIT Mitre Corporation.
In 1982, the ZBA issued a special permit confirming the non -conforming use of the
Premises for telecommunication purposes, and permitting the owner to add antenna and
transmitting dishes to the existing concrete tower not to exceed a total height of 140 feet.
2
O c:\nrportbl\boston\mfeeney\211329-,l.doc
D
9
Therefore Mr. Famum may continue to use the structure for telecommunication
purposes pursuant to the existing variance, and may not be compelled to comply with
special permit.requirements enacted subsequently by the Town.
The Special Permit Petition Does Not Relate To The Board Permit Application
The Special Permit. recited in Ms. Griffin's communication (Exhibit "G")
concerns an application not associated with Mr. Farnum's Building Permit Application.
It concerns an AT&T Application consisting of completely different equipment. More
importantly, it also concerns an application by a party other than the Applicant property
owner, who possesses rights under the 1957 variance and subsequent orders. Thus, the
denial based on compelled acceptance of these inapplicable requirements is improper.
The Requirements Imposed By The Building Inspector Are Unreasonable In Light
Of The Proposed Minor Changes To The Current Structure
Additionally the conditions imposed by the above - referenced Special Permit
are either satisfied by the Applicant or are unreasonable due to the small size -of the
proposed project for the following reasons:
1(c) The dish is fastened to a two-inch diameter galvanized pipe. The pipe is
attached to the concrete side of the structure by two concrete anchor screws. The entire
assembly will take approximately 20 minutes to disassemble. Therefore, it is
unreasonable to require escrowed funds for such a minimal removal activity.
2(a) The. structure is currently insured in excess of One Million Dollars.
Therefore additional insurance is unnecessary.
2(b) The maintenance of the dish consists of periodic inspection to ensure it is
secure to the structure; therefore escrowing funds is unnecessary.
3(a) Mylars are provided as requested.
4(b) Bonds are already in place by other carriers. Therefore additional bonds
for the two dishes are unnecessary. Notwithstanding the Bond, Five Thousand
($5,000.00) Dollars is excessive for the intended purpose of insuring a final as built plan
showing the location of all on site structures (knowing that all buildings are pre-existing);
and to ensure the dish is attached is done so according to the Plan.
5(a) The construction schedule will consist of climbing in an internal ladder to
the roof, boring two 1/2 -inch holes in the side of the building and plugging the holes with
anchor bolts.
5.(c) The dishes will provide no noise.
c:\nrportbINboston\tnfeeney\211329—I.doc
3
5(d) Previously discussed.
CONCLUSION
The decision of the Building Inspector must be overturned because:
a) The tower has constantly been used as a telecommunication facility since
1957; and the installation related to the Building Permit application is subject to a
variance allowing the use. The Building Inspector's denial is not only untimely but also
wrong.
O b) The Building Inspector's denial improperly relies on a Special Permit
application by a.private carrier that is not applicable to the Applicant property owner for
the reason cited immediately above.
C) The requirements imposed by the Building Inspector are grossly excessive
and unreasonable in light of the minor work required by the Application.
Respectfully submitted,
Benjamin Farnum
By his Attorneys,
a V
Dated: March 12, 2002
Francis A. DiLuna
B.B.O. No. 547639
Robert J. Munnelly, Jr.
B.B.O. No. 555202
Roche, Carens & DeGiacomo, P.C.
O 600 Unicorn Park Drive
Woburn, MA 01801-3343
(781) 933-5505
4
0 c:\nrportbl\boston\mfeeney\211329—I.doc
J
J
O
Exhibit "A"
MURTHA CULLINA
ROCHE CARENS & DEGIACOMO
A L I M I T E D L I A B I L I T Y P A R T N E R S H I P
D. Robert Nicetta
Building Inspector
Municipal Building
120 N. Main Street
Ito. Andover, Massachusetts 01845
600 UNICORN PARK DRIVE
WOBURN, MASSACHUSETTS 01801-3343
TELEPHONE (781) 933-5505
FAC5aME (781) 933-1530
www.munhalaw.com
June 29, 2001.
RE: Building permit, Boston Street, Map 107C Parcel 11
Dear Mr: Nicetta:
Enclosed herewith please find:
1. A Building Permit Application;
2. Form U;
3. Certified Plot Plan;
4. Three (3) Building Plans; and
5. Attested Copy of Special Permit authorizing the use of the site for tower
purposes.
A C.S.L: License is not necessary because the to or subcontracd Owner will tor as defined y
e installing.the
equipment. Whereas the land Owner's neither a contras
G.L.c. 142A§1, no such license is necessary.
I find no statutory or regulatory provision for a "Control Construction Form" and
therefore I am unable to provide the same. There is no contract, Peer Review (780 CMR
110.11) and the Mascheck Energy Compliance Report (780 CMR J1.1.3) are not
applicable.
Kindly forward the Permit to Ben Farnum at 397 Farnum
Massachusetts 01845 and a copy to me with the same. If you have
do not hesitate to contact me.
FAD/dmt
Enclosures
No. Andover,
questions, please
V t~ w H A V E N W 0 B U R N
Al
!E
t
MURTHA CULLINA
ROCHE CARENS & DEGIACOMO
A L I M I T E D L I _A B I L I T Y. P A R T N E R 5 H I P
ARTICLE NO. 7001 0360 0001 9961 1336
Conservation Administrator
Town of North Andover
Municipal Building
120 Main Street
North Andover, Massachusetts 01845
ARTICLE NO. 7001 0360 0001 9961 1367
Department of Public Works
Town of North Andover
Municipal Building
120 Main Street
North Andover, Massachusetts 01845
600 UNICORN PARK DRIVE
WOBURN, MASSACHUSETTS 01801-3343
TELEPHONE (781) 933-5505
FACSIMILE (781) 933-1530
www.murthalaw.com
June 22, 2001
ARTICLE NO. 7001 0360 0001 9961 1343
Town Planner
Town of North. Andover
Municipal Building
120 Main Street
North Andover, Massachusetts 01845
ARTICLE NO. 7001 0360 0001 9961 1374
Harold Wright, Fire Chief
North Andover Fire Department
124 Main Street
North Andover, MA 01845
ARTICLE NO. 7001 0360 0001 9961 1350
Board of Health Department
Town of North Andover
Municipal Building
120 Main Street
North Andover, Massachusetts 01845
RE: Boston Street, North Andover, MA, (Assessor's Map 107 C, Lot 11)
Dear -Sir/Madam:
Enclosed please find the following:
1. Copy of Building Permit Application to be submitted to the Building
Department;
2. Copy of Building Plans; and
.5. Form U —"Lot Release For
Kindly acknowledge Form U so tl
Commissioner.
Thank you for your attention to th
FAD/mjz
Enclosures
/ B O S T O N H A R T F O R D
N E W H A V E N W 0 B U R N
Exhibit "B"
MURTHA CULLINA
ROCHE CARENS & DEGIACOMO
A L I M I T E D L I A B I L I T Y P A R T N E R S H I P
600 UNICORN PARK DRIVE
WOBURN, MASSACHUSETTS 01801-3343
TELEPHONE (781) 933-5505
FACSIMILE (781) 933-1530
www.murthalaw.com
August 15, 2001
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
ARTICLE NO. 7099 3400 0010 6918 3871
U D. Robert Nicetta
Building Inspector
Municipal Building
120 N. Main Street
No. Andover, Massachusetts 01845
RE: Building Permit, Boston Street, Map 107C Parcel 11
Dear Mr. Nicetta:
Please be advised that as of this date the Town of North
compliance with the provisions of 780 CMR 111.1 with respect to the
application.
Kindly respond as soon as possible.
eyy yo
�
O FAD/mjz
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Enclosures
cc: State Building Code Appeals Board
B O S T O N H A R T F O R D N E W H A V E N
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mentioned
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A. Received by (please Print Clearly) B ate of Delivery
C. Sig e
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D. Is delivery address different from Rem 1? [:1 Yes
If YES, enter delivery address below: 0 No
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Postage $
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C3 Return Receipt Fee Postmark
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Municipal *Building
120 N. Main Street
N. Andover, MA 01845
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Domestic Return Receipt
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Governc or .aa
JANE 3WiFi
Lieutenant.Gavertwi
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seciretary ..
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STATEUSE ONLY
Fee Received:
Check No.:
Received By:
Exhibit "C"
9""V 7. 07 KENTARO TSUTSUMI
Chairman
�a �� 02708 THOMAS L ROGERS
Administrator
TEL: (617) 727-7532 FAX (617) 227-1754
` r
STATE.BUILDING CODE APPEALS 130 µ = -
APPEAL APPLICATION FORM
DATE: qnt 200f_
DOCKETNUMBER ' }
(State Use Only)
The undersigned hereby appeals to the State Board of Building Regulations and Standards from the decision of the:
Building Official from the City/Town of. Robert Nicetta, Building Inspector Town of North And��er
Board of Appeals from the City/Town of N/A
Other Municipal Agency/Officialentitled:
State Agency/Officiaientitled: NIA
OTHER: N/A
Dated: Aug . 15 , 20 . , having been aggrievedby such (check as appropriate)
Interpretation O Order 0 Requirement O Direction. O
Failureto Act - 8X Other O Explain See Attic
All a vrovriatecode sections must be identified. All written supporting docurcentationmust be submittedwith this
application --However, the Board reserves the right to continue the proceeding if such material warrants extensive
review.
State =desired relief
Require the North Andover Building De artment to take action and either apiprove or
deny the Building Permit A lication.
APPELLANT: Benjamin Farnum
ADDRESS FOR SERVICE 397 Farnum Street, North Andover MA 01845
Telephone No. (978) 682-3817
ADDRESS OF SUBJECT PROPERTY: Map 107C, Parcel 11, Boston Street, North Andover
APPELLA"Nr
S CONNECTIONZ-p"gUBJECT PROPERTY: OWNER
Benjamin Farnum
��C� '~`/�� ✓'" �'/' (NA..NIE-PLEASE PRINT)
stG.�:�TL'RE F:',PPELL:kNT,REPRESENT.kIIVE
0
Re
DESCRIPTION OF BUILDING OR STRUCTURE RELATIVE TO THE MASSACHUSETTS
STATE BUILDING CODE (780 CMR 6th EDITION): (Check as appropriate) -
Check Here if Building is a One or Two Family Dwelling Proceed to section entitled "Brief Description of the
Proposed Work' - Do not complete the tables below .
DESCRIPTION OF PROPOSED WORK (check all applicable)
New Construction
. Existing Building
Repair(s)
Alterations)
Addition
Accessory Bldg,
Demolition
Other Specify:
Brief Description of Proposed Work
Placement of 2 Antennae on Tower
Total Area (si)
E Educational
USE GROUP AND CONSTRUCTION TYPE
USE GROUP (Check as applicable)
CONSTRUCTION TYPE
A Assembly
A-1 A-2 A-3
A-4 A-5
IA
IB
B Business
1296
2A
2B
2C
Total Area (si)
E Educational
F Factory
F-1 F-2
H High Hazard
3A
3B
I Institutional
1-1 I-2 1-3
M Mercantile
4
R Residential
R-1 R-2 R-3
5A
5B
S Storage
S-1 S-2
U Utility
Specify- 780 CMR 317-1 rharari-Pr° not -r rlaseifiPd
M Mixed Use
in any Specific Use group.
S Special Use
Specify:
-'' "` COMPLETE THIS SECTION IF EXISTING BUILDING UNDERGOING RENOVATIONS, ADDITIONS AND/OR CHANGE IN USE
Existing Use Group:
Existing Hazard Index (780 CMR 34):
Proposed Use Group:
Proposed Hazard Index (780 CMR 34): -
13UMDING HEIGHT AND AREA
BUII.DING AREA
Existing (if applicable)
Proposed
Number of Floors or stories include
basement levels
Floor Area per Floor (A
1296
Total Area (si)
9072
Total Height (ft)
85
Brief Description of the Proposed Work:
Placement of (2).Antennae on Tower.
Attachment A
On or about June 29, 2001, a Building Permit Application was filed with the North
Andover Building Inspector concerning land identified on North Andover Assessor's
Map 107C as Parcel 11. (See Exhibit A). On or about August 15, 2001, the North
Andover Building Department was informed of its non-compliance under the provisions
of 780 CMR 312.1. (See Exhibit B). Additional information concerning zoning was
requested but as of this date, no further action has been taken by the Town of North
Andover: No approval and no denial.
O EPEC' 2-G-2001 04 . 10 AM Exhibit "Y
�m �' -YAC h`'.�Yn�a Y• � •J hN��e'�4`� n ;•i ti;`,yn.� '.' -
11 '?
0
e
dat►�g01�` ,.
MW PB1tliw tea` dKaeoad� �0.P�08
9�eretary'
9'8- (617) 727-7132 FAX (617) 227-1754
STATE WELDING CODE APPEALS BOARD
Date: December 20, 2001
Name of Appellant-
Service Address: Mr. Benjamin Famum
3r F4mum Street
N. Andover, MA 01845
to ra%tg,, , cc tin:
P. 02
C1Wn0"
Admiubteator
Docket nitunber. 01-153
•
Map 107C
Property : Address:. Parcel 11, Boston Street
N. Andover, MA 01845
Datta of Hearing: December 18, 2001
We are pleased to enclose a copy of the decision relative to the above case wherein certain
variances from the State Building Code had been requested.
Sincerely:
STATE BUILDING CODE APPEALS BOARD
Jeffrey Putnam,Clerk
cc: State Building Code Appeals Board
. . :. Building -Official . ' ...
This correspondence has been issued
®from the Board of Building Regulations and Standards
Taunton district office located at 1380 Bay Street, CERC Bldg, .Taunton, MA 02780
P.03
DEC -28-2001 04:11 AM
STATE BUILDING CODE APPL41A BOARD
L. 4:
DoolodtNumbar 01-153
Date: D erfiber 20, 2001
All -hearings are audio -recorded and -the audio tape (which is on file at the office of the Board of
Building Regulations and Standards) serves as the official record of the hearing. Copies of the audio
tape ate available from the Board for a fee of $5.00 per copy. Please make requestsfor copies in writing
J and attach a check made payable to the Commonwealth of Massachusetts for the appropriate fee.
Requeft may be addressed to:
0
Patricia A. Brennan, Program Manager
State Building Code Appeals Board
BBRS/Department of Pgblic Safety
P. 0. Box 871
Taunton, MA 02780
r
All parties were duly sworn prior to offering testimony.
At eondees: Benjamin 0. Franum, Appellant
w Benjamin S. Franum, Appellant's -Representative (Son)
Francis A DiLuna, Appellant's Representative
Robert Nicetta, - Municipal Building Official - Town of N. Andover
Backgxoaad: In his letter, dated August 15, 2001, Francis DiLuna, attorney for the appellant, served a
letter to 'Mr. D. Robert Nicetta, Building Official, Town of N. Andover, in reference to the following
Seed on'of 780 CMR, Sixth Edition (the State Building Code), 111.1 for property located at Parcel 11,
Boston Street, N. Andocer. A copy of said letter is made part of this decision.
Relief Requested: The Appellant requested relief in the form of an order to mandate the building
official to take action on a building permit application for Parcel 11, Boston Street, N. Andover.
Appellant:
The appellant's representative testified that there is a proposal to construct an antenna for which a building
permit was applied for on June 22, 2001, and the local Building official has not taken any action on the
1t.
The appellant's representative testified that they have tried to solve the situation with different letters and
centspondences to the building official, but have not prevailed. ' ,
O DEC -28-2001
04:11 AM
STA'T'E B=VIG CODE AP' U 20AM
Doclagt Number: 01-153
Dais: Decmmber 209 2001
P.04
MaaMal Building OMCW:
The building official was present at the hearing and was in opposition to the requested relief.
O The building official testified that he made a mistake of not writing a denial letter based on zoning issues,
and will issue one immediately. The building official thought a letter from the Town stating that the
conooes.of the special permit were not achieved was proper notice.
Derision: Following testimony, and based upon relevant information provided, Board members voted as
indioated below.'
❑ ........ Granted ❑ .......... Denied
X= ...........Granted with conditions (see below)
Thc1►ote was:
. ..............Unanimous
❑.......... Rendered Interpretation
❑ ....... Other (List action)
❑ .......... Majority
O ;
List ring► conditions, provisos, comments or inlcrpretive actions, if any:
The Board ordered the Building Official to take action forth with in Section 111.1 of the state building
code, and issue a letter of denial based on the appellant not complying with the zoning issues.
The following members voted in the above manner
Chairnma - Maurice Ailette Alexander MacLeod , lei'
th Hoyle
101
bEii'C=28-2001 04:12 AM
$�Ilp'P ALS BOARD
STA1'E WJII.DIIVG. C� , .
Dooket Number: 01-153
Date: December 20, 2001
A complete administrative record is on file at the of8eo of the Board of Building Regulations and
Standards.
.Al
RI P 1,1111 W �
Jeffrey Putnam, Clerk
P. 05
Any person aggrieved by a decision of the State Building Code Appeals Board may appeal to a court of
competent jurisdiction in accordance with Chapter 30A, Section 14 of the Massachusetts General Laws.
J
0
U
JAN -07-2002 10:58 PM
Exhibit "E"
Town of North Andover
Office of the Building Department
Community Development and Services Division
V Charles Street
North Andover, Massachusetts MW
D. Robert Meetta
Building Commissioner
yanaary 2, 2002
Mr.•Be 81min FUMIM
397Fanwm 9lroet
North Andover, MA 01845
RE: Building Permit
M-1070, P-11
Boston. Street
'North Andom, IM
Dear Mr. Fatnum:
P. 03
Telephone (978) 688-9545
Fax (976) 688.9542
State Building Code Appeals Board
Docket Number: 01-133
Date: December 20, 2001
tr
The purpose of this corrmpondeace is to deny your application for a Building Pemit to
add and Bred two, (2)1Vrerowave Antennas at the refwed location pursuant to 780 aW ,
the State Building Code – Sixth Edition, 011. land s. 11. 1.2.
The denial is Used on the applicant not complying with zoning isms, appeating in the
MCiAL 0MMONS, as noted in the Planning Board Special Permit dated April 21,
1999,.specdficaliy, home lc,42b,4b,5a,5c,5d,3a. Correspondence from Heidi drM to
Atty. Francis Mara, oltlog the steres is enclosed for your review.
Thmk6g you for your cooper*ion in this matter, Tremain,
Yours traly,
O D. Abbort Nlootts
Huildhsg Commmssioner
CC: Thomas Urbe X Town Counsei
Heldi Grim, Director CD&S
CERTIFIED MAIL NO. 7000 0520 00215970 9689
BOARD OF APPEALS CIM9541 OtM J) NG US -9345 - CONSERVATION 688-9530 HEALT116M9540 P[,ANW0 688-9575
�L
C
IQ
Ci
0
Exhibit "F"
i
Town of North Andover
Office of the Planning Department
Community Development and Services Division
27 Charles Street
North Andover, Massachusetts 01845
Heidi Griffin
Planning Director
August 21, 2001
Mr. Francis A. DiLuna
600 Unicorn Park Drive
Woburn, Massachusetts 01801-3342
RE: Request for Building Permit Application
Map 107C, Lot 11
Dear Mr. DiLuna:
This letter is to confirm our telephone conversation of July 27, 2001.
Telephone (978) 688-9535
Fax (978) 688-9542
I am writing this letter to once again inform you that in order for your client to receive a
building permit for 5 Boston Hill Road they must fulfill the obligations of the Planning
Board decision dated April 21, 1999.
Specifically, I will require the following items:
1. Item 1 c of the decision requires that the applicant place into escrow a sum of
money to cover the costs of removing the facility from the subject property...
2. Item 2a of the decision requires that insurance in a reasonable amount
determined and approved by the SPGA after consultation at the expense of the
applicant with one (1) or more insurance companies shall be in force to cover
damage from the structure, damage from transmissions and other site
liabilities.....
3. Item 2b -of the decision requires that funds, sufficient in the opinion of the
SPCA to cover annual maintenance of 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 facility on terms to be agreed
BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535
upon by the carrier and the SPGA as a condition of approval of the special
permit.
4.. Item 4(b) of the decision requires that a bond in the amount of $5,000 be
posted.....
5. Item 5(a) requires that a construction schedule be submitted to the Planning
Staff....
6. Item 50 requires that a noise survey providing evidence of baseline noise
conditions be provided.....
7. Item 5d requires the applicant provide the necessary escrow accounts and
insurance as required in the ABOVE sections (listed in all above numbered
items).
8.- Item 3a of the decision requires that final site plan mylars must be endorsed
and three copies delivered to the Planning Department.
I have yet to receive any of the above requested items which I asked for during our last
telephone conversation. If you could kindly respond as to when you anticipate
providing these items, I would greatly appreciate it. Until such time as they have been
provided to me, I cannot recommend that the building department issue a building permit
as your client would be in violation of the special permit issued to you by the Planning
Board.
Sincerely, /f
Heidi Griffin
Planning. Director
cc: Robert Nicetta, Building Commissioner
r
6 200
Exhibit 't G tt into certify that twenty (20) days
i eiapcew'n date of decision. filed - Q Q o ,
tout filing\,..::,. a' apppeal.
Date
Joyce A. Bradahaw
Town Clerk -
AWOVES Pl. .r•.t�t p�r� a n of North Andover
aFF7C'C CF
COMNIUNI'TY DEVELOPMENT AND SERVICES
3a SCINK3 Sir..-.:
North Az-davcr, M==::c-huscsts a 1345
.LlAM 1. SCOT i, i
Dirmcr NGTi CE. OF DECISION
Any appeal s;1211 be filled
within (20) days after the
date of filling this Notice
in the ice of the Town
Ciera.
Petition of �T s r Frireless
affeciect' B'f=t0= 21 1 I Rnad
Prernis2s =
Oate apr.il 21, �_���
Date of Hearing PArch 16,. I9Uc}. apri �, ?sG9
Aazil 201 1999
Referring to the above pe}ition far a special permit: frcm the
requirements of the North
Andover Zoning
Bvlaw
Section 8.9. j
so as to allow to and
operate, on a
parcel
of privately awned Land at 5 Bestow
.1 Roa3 less communicatiarzs facilities evasisting of an ante-rna array& certain radio elect.:
tele -none equ.iptsenc
After a public hearing given on the agave date, the Planning Hoard
voted to APMVE the Special Pesnit
based upon the following conditions:
CC: Director of Public Works
Building Inspector
Natural Resaurcell and Use Planner
Health Sanitarian
Assessors .
Fclice Chief
Fire Chief
Applicant
Engineer
Towns Outside Consultant
File
Lit
Ric'•;jrd S.RavV n. Chairman
Alison Lescnrbezu: V- Chairman
John Simons Clerk
Richard Nil-3rdella
,1a52Rh V Mahone"
planning Board
(nteres"'ed Pae-ies
ars9 : ,_..7"�b%i-,jfU!
,CNI--u • ALT -H - (7'u; sa„-�_.
ATTEST:
A True Copy
Town Clerk
CO:�SLIi:•l �
"pciiL�r�G JFFIG� - (9'�? 6:iA=15-i_ �ZQN11G tlpaar) ()F :�PY�IIS • tTd) ��a-r�+s 'tj� >t..t• ;u r
9
N
x
AT & T Wireie:is Semites — 5 Bostoa Hi11 Road
Special Permit
The pWn�L Board herein approves the SPtz:iale':mi
'Pt to install and aper -arc. an a. parcel
•
ul RJad wLelcss cor-^uticntians facilities
of pri,,ately owned land ar bostcn . y ' T
consisting of an anteztra array (to be mounted to e.�cistin� szeei Irrtice to�y'cr) and e�rtaia
railiu rlcctror is and tcicphone equipment {to be installed as second tlaa•r a Ee:ti�tinv
buddinL that servcs as the bas.. of the lattice rawer) in the VHlaee Residential Zacm!m.
District. This Special Pc..nit was requested by AT & T. Wireless PCS, 400 Blue Hill
twccei. MA G�Q90-? 151. This ;zag
Drive, Suite 100, Weslicrt�on and a�iditionsl
the F(=:nein'* Board onFeflr�arr TE.
6ocurnentadon as cited herein was filed with 1049
with subscquent submiit :ls. oa bic.
The PiusninL Board m.�.'�es Labe fallow-irg fi❑din2s as required by theNarr�`t Attd.nver.
Zaning Bylaw Se--ti❑n 3.9:
Fit•'(i)INGS OF FACT:
1. The sprcitic sitc is an appropriate location .for the projecr as it Ls beim collocated an
an c.d tjng wireless location_
�, T11e USC IS developed will not adversely affect the t1ci,3, bunccad as indicated by the:
analysis conducted by AT&T and Donald lilacs.
3. 1 nc carricr has dc:non trn.ced that the acility is aes=--,szrr in order to provide adeslu=c
scr': icc to chc public.
�. The pian meets the requirements of the �rV'trelcss Scrvic= Facilities by-law scrticn 3.9.
�. acilities wiPi be provided for the a pros= operstiQof the
Adequate tool appropriate f
proposed u --c.
Finallythe Planning Board finds that this project gener-,LU cornpli6 wall the Tcawa
Q uiremer� as listed in Scc:i❑n 8-9 but requires cfluditions
North Andover %vain° Bylaw req w
is order to be fu11y in campd=cc_ The Plartrsin
Board hereby giants an appro 'a1 to the
applicant provided the follovArig c oaditicr s are met_
SPECIAL CONDMONS:
1: Discontinuance Abandonment
,4t such time that a licensed car:'1zr plans to zbandD-a or di�;ontinue opernsion at a
a) certitie:3 US moil a f
wZrciess scr-vicc facility. such cnrr•ie+
Will not�j tate To bySuch ritc,
the proposed d :te of abandonment or dLcantin arLd rcune it adicf oacratIC135 ncinuatioonlot
shall be giveZ no less than 30 days prior to ab
i\.r T W in =3 5+:: rim= - = Suycon 1 til: (ion 1
O
aperarians. In the event that a licensed carrier fails CO give such nvtice,jthe wirckss
sennet fac;ifiry shall be considered abandoncd upon discontinuation of operations:
b) Upon abaudanmcnt or discontinuation of use. the c mer shall physically remove
the wireless Semite facility u -i n 90 days fora tlIe date of aE=ndonrr--nc ur
discontinuation aFuse- "Physically rcmcvc" shall include, but no be lirnired to.:
i) Removal of antennas. mount, equipment shelters and security barriers: from: ncc
subject property.
ii) proper dis-cc2 l of the waste mate�=Js from. the sire in accordance with local
and state solid waste disposal re=lladors.
iii) Restoring the location of the wireless se:vicc fsciiity to ir5 natural condition:
except that any la.ndsc=iriz anti it din; shall retrain the =iter -condition.
c) a condition of any 5p--cinl perm= for the ptace:nent, c=%muction 'or
odincaticn of a wireless service fnciuuty. a caricr shall pL:ce into escrow.a sum of
money to cover the costs of removing the facility From the subjc: t. prvprrc}_. Said
amount shall he ccrtined by an engineer_ architect Ur other qualified profassibnal
rcgisrcred to pracricc in the Commoriwcalth of NL-=achusctts. Said funds shall be
held by an indepcndcnc escrow agent to be appointed by the carrier and the SPGA.
The carrier shall authorize and. as necessary, shall obtain the authorizatio a of the
a�yrcr of the property to allow the escrow went to eater upon the subject prvpurty
to remove the ficility wizen the facility- has been abandoned or discontinued. in tha
event the posted amount does not cover the cos oFdcrnoliticn'and/or removal the
Town =y place a lien upon the propert; covering the dittereneL in cast.
d) A fatality shall be deemed to be a andcaed or d'iscontirued. if it has riot. bee:: used
for the purpose For w%tich it was originally consuucrrd for a period of -sic (6)
mouths or mare. Omen abandaranent or discontinuanc= has occurred. the carrier
shall remove the facility from the subject property within ninety days. in the event
[`j= the comic fails to r-,=ve the facility, the town shall give notice to the =rrier
and the independent escrow agent that the facility shall be removed by the escrow
agent forthwith and the escrowagent, ager aharding '��rtteu notices �-n d=ies in
advance to the carrier, shall remove the f^c:illry.
2) Performance Guarantees
a) insurance in a reasonable amouat determinedapproved
and by the SPGA after
`consultation at the e:cpense of the applicant with 0=.-(I) or tsar, ic5u nce
companies shall be in force to dovcr dam=e from the structure, damage from
transmissions and other site liabilities. manual proof afsaid insurance must be tiled
with the SPGA.
b j Funds, sufficienr in the opinion o f the SPGA to cover a.nnu =intenarice
or the
ciliry_ shall be placed into escrow- and shall be held by the independent escrow
ai1ent who shall he authorized to expend the fund` For the maintctce of the
Z
A7 & T W'irc!=m
Facilicy an terms to be- a -9=-d upon by the carrier and clic SPGR as a cptditioa a
approval of the special per-l"t-
c A.unual Ge-Ecatraa demonstrating continuity compliance with the stattciards of the
Federal Corrr.•.zi*ucat.ars Carr,-,is:oa Fedcral At,iation adminutratian and the
Ar=scan National Standards Institute shall bx fried wit�`t the SI'CrA by thepz~ial
Per;reit holder.
O 3) Term of Special Permit_
a) A Speci:.l Peu
.^�a issed for arty wise!ess servic_ c t;% shLll be valid for tft.a-ee (3)
^. T -[ie sper:l. permlr may be re::^.e'y'ed under [he sarr:r c : tteris. rs t1iC OfL� :l
special pe=mit,.ptovided that Clic a.ppticutiun for rc*�wal at the spec al, permit. is
made prior to the c.-miration date of the original or any rcriewed _pectal pr_mit_
Additional mer-`ures gove::.� thy: ad>u tion of the special [rermit are found
in Section 10.3 of the Zorrag Byia.%V.
t� b) ` ftc: the tac'3+,ty L.in ape ,[ion, the appiic= sball submit to ti c. SPGR- tivithin 90
ass o f beginninu_ operatzoas and at annual intervals front the d:.te o F issuhnc� or
:C the Spcciai Permit, pt�-,dsten* and current
2FR me�surerrte- ..Such
mt,�tiyr�ril�nCS shat! be sued and certincd by an RF ens -inter, statin that RER
mr1surrmcnts are ticcurte and are in cornpHanre or why the rnc= ure=cnts){ ){il to
comply with all applicable FCC Guidarmes as sp iFzd in Section. 8.9(-� c 11
RFR Filing Re�uire:=nr of chis Bylaw- The mer.`uremCncs shall 6e submitted Par
bath the applicant and all co -locators.
c) t-- the wireless seryice &ci ity is jr, operation the apphcanc shall submit to the
nEs
S PGA: within 90 day_ s o f Lt a issu=c c a f the Special Pcrmi , and at wand currm enr
re
Erom the dstc of isstz<ccc of the Spe=:al P11
ermit, Psc- i c y Such
measurements of acaestic noise from the wireless
m sure�nts shall be c -.:reified and signed by an acoustical e:�&eer, stating that
O ,Oise me=uraments are accurate and meet the Noise Standards SConsulting
6_13.14.5 .Of this Bypaw. The aPQlicaat Si1L'lI forwnrri to a separatL B'
ening:, selected by the Town., the above materials for review. The applicant
shall pay far such review.
d) The applicant and cn- applicant or their succcssur in in er�ce aU rn ant= n bur
wireless ser4ice fact�cy in goad c.onditiarL Such meant
Shall as t be Iitnited LU, paintntg, structural rnte=nty Of the mount and security
barrier andtnaintCaancc of the buffer and landscagin-
4. Prior to the endorsement of the plans by the Planning Board, the apoli=mt
must comply with the followin conditiaus:
The a plicant shall provide z man indic:.ting the intended laczticrs Cor testing
a) p
as required above. .
O
AT st. T W imiL= 5<.^rim - � Briton Hill leu :il
b) bond in the arrounr of 55,000 shall be posted for the purpose ojr t.Lring that
a final as -built plan showing the Iocaden of all nu -site structures_ The bond is
also in place to insure that the site is po ytructcd in accordance with the
appruved plan. This bond shall be in the farm o f a check made out to the
Tc��+z oFi�'orth �'�ndover. This chcck evil! Cabe- 6= degesited into an interest
be;rn? esc: ow account.
for to the start of cansrruction:
O
UaIA construction schedule sh:.11 .bc submitted to the PLutnin% Staff for Chic
purpose oftrznckiva the constructica and informing th:c public .oF
anticiparcd activities on the ste_
CIs
C) T e applicant shall dete�rle the pr;e:dsting condiuons.n.Cthe noise I -v=
e tins; tram the. site are to dete.*mine the basclinc noise ccnditieos of the
aSlie aica. Thr a0hic suryGy willprovide c•ridcncc o f the orisia of surroundinsz
noise :and therefore a ba:clire condition from which the applicant 'dete-r ine
Their increases. The wise teveis shrR not iucren~e the broadband1Cvet by more
rizcn 10 dB (a) above the anbic.it Icycis or produce a 'pure tone." conciitien as
set forth in UAQC Policy 50-001, the guideline far 310 CI R 7.10. The
applicant mac use relevant pruf=ienal soum
sound emitting d: to from the prior
building use to build a ba.scac bared on prior use of the building and -,r ounds.
r%cfcrcnccs to sources for data must be included in the material.
d) e applicant shall provide the necessary escrow accounts and inziu-=cc as
quired in the above sections.
3. Prior to FORM U verification (Buildim` Permit Issuance):
a) The &,al site pian mylars must be endorsed and three (3) cc. of the:
signed plaits thus: be delivered to the PInnr ing Depa=cnt.
b) A certine j copy of the recorded decision must be submitted to the Planning
Dcparts=.--=L
.l, Prior to verili=tion of the Cerrifcate of Use and Occupancy:
a) The applicant must submit a letter from the architect or cnglne.r of the project
sating that the construction and operuiom subsrnn622Y corrsply with the pians
rcfercnc-d at tate c. -id of this dr-isen as cidor--sed by the Pbnning Roard_
b) &11 lighting shall have underground wirins and shall.be so arranged that all
direct rays Earn such lighting falls entirely within Cijo-:sitc and shall be
shielded or recessed so as nut to shiuc upon abutting propc:ties or streets.
The -Plana , a Ofdc= court approve any chanLcs to the approved lighting
ptan as submitted by the applicant_
I Ruud 4
T Kirt;'._:S S�rvi�- =i l3ton .
M
5, Priur to the final release of security: A fk}al as -built plan show -in= final
construction and location of the wireless hardware shall be submitted to and
reviewed by the. Plannin!z St .
h. Any stockpiling of materials (dirt, wood. comtrixcica matcrial, etc.). mu t be
shown an a plan and rtrvicwcd and approved by the Panning Stall. Any approved
pile mLz-c remain covered at all tunes to rnm= "e any dust problems that msy
occur with adjacent properties. Any stock piles to re.. -min for Icnac: than one
wee?c must be fenced off and covered.
-,
la an effort to reduce raise levels_ the applic-.irt shall kc:p in optimu n titorking* .
•
order, tl�rouQh rcguIur maintenance, any and all equiomrnc that small ern=tc
sounds from the structtu es or site.
g
No equipment or other equipment that will zrnanate noise -exceeding. ciced
hcrc.n snail be pfaced an the exte-iar.aFthe structure. Such equiprni:rit shall be
enclosed as shown on the plans.
9.
All site tiLhtino shall provide sec,=jry foc the site and structures hotitever it must
not enure any glare or project any light onto adjacent residential properties.
13•
The contractor shall contact Dig Safe at list 72 hours prior to commencing any
excsvaciarL
13.
The provisions of this conditional appcotinl shall apply to pad be binding upon the
appGc: nt iu e:nplayc= and ail successors and a igTts in intcre-,:-, or control.
14.
Any action by a Town Baard, CommiSs on, or Department that ccquires changes in
the pkat or do sign of the building as prescnrcd to the Planning Board, may be
o
subject to modification. by the Planning Board.
15.
Any revisions shall be submitted to the Town Planner for review. Ii these rCvisio'a
are delzmed subs=tial, the applicant must submit re1iscd plans to the Planning
Board for approraL
two from ti,�t,C�{
Ib..
This Special Permit approval shall be de=wed to have lapsed after years
the date pe:rmr g -=cd unless. substantial use or ccnstruction has cornmenc.ed_
Subs=tial use or consrrucrion wiII be determined lsy a majority tiote of the
17.
Planning Board.
to further structures shall be cvn:aticted an the graund lid the base of the
coiner within an arca u cqal to twicc the height of the cower on %vluch the devices
art to be installed.
0 T k 'dr itt:LSS �CyICC. - - E3u1CDn 1 E ill lin 1
^ 18. The fo go wing information shall be deemed part of the dccisic ri:
Plan titled-
AT & T W role- Ser"ccs
Boston Mil
North Andover. MA 01835
E 424.2
o Prepared for:
AT & T Wircic= Sc,—ViC=
400 Bluc ill Road, Suite 100
Wt_-- wand, MA 02090-3160
Pr pared by:
Grcl=ura-3n-Ped="5e-'L Inc. _
C onsulting Eng;.nctni
33 Boston Fast. Road
Marlborouj:, IIIA 0172
Dated:
February 12. 1999
Sheds_
I ,hrou-h 19
b) Report:
npplictica to
Planning Board Towm of Nor -,.h Aadovc r
by AT&T Wireless Scrviccs February 16. 199
_ pmparc-d for.
AT&T Wireless PCS
400 Blue HM Drive Suit: 100 Westwood NU% 03090-3161
Cc --Applicant HeuJarnin Farnum LLC
397 Farnum Strcct North Andover
prepared by.
Thome G. Schnorr-
Attornry far AT&T %V'u-eless 5ervic=5
Falmer & ]Dodge
one Beacon Street
Boston Mass. 02108
cc. llirector of Public Works
Building Inspector
H�lth Admini�rator
-
«c�.;ors
_
Conservation Administ for
planning Board
Polio Chief
Fire Chief
Applicant
Eaasineer
He
O r
A W ircic�.z Sc^:i�= — S �a»co� Hill Ru::ii 6
. . i r
0
--...._..' Exhibit "H"
Y;
TOWU OF NCKTH ANDOVER ` >aL�a
IBM*" MASSACHUSETTS
dr+eMOo!*Irl�ddeMbn ild
wdfiad*
Do �69 im,BOARD O•F APPEALS-
'>''
'A aim
NOTICE OF DECISION
Datz_���r_20:t• �or.�Z._--•
s
f
Q
Petition No -- -
Date of hearing Enuarr •28, 1957 -
Petition of ii:p acirlsetts JWtitute of Tech=10 v_
Premises affected Boston IIi11,Iforth A ndover, 1.1 -ass.
he
Referring to the above petition for a variation from the requirements of the-
the Tom of
the
-
so as to permit the arr.�+inn
i
rM=arrn, to a :height in excess of that permitted by Section 8 of said Zoning•
BY -Laws ent� tied ° %d2ding Height Pervdtted.
After a public hearing given on the above date, the Board of Appeals voted to:-GHAI the
VC?3I%I= __._and hereby authorize the Euilding Inspector to issue a
permit to-_ yzzsachusatts Institute of Techno?lgy__
for the construction of the above work, b --sed upon the following rorlditions:
_ 1
APR 29s9O P427051
Sey
Signed: ATVft
Z :0O
♦ y It�i nh Finck,-�''irr,.an�... __--.•-
;
�i a in -3
Wichclas N.cstta
Ate. Bowd of Awalr
0
9
W
X
TOW"K OF ;FORTH ANDOVER
Findings- and Decision of the Board
of A as
of3the
Constituted under Chapter LOA,
General Laws of Massachusetts acting •,aider Sec-
tion 4 of said Chapter, upon Petition of Massa-
chusetts Institute of Technology dated January, 1957.
A public hearing was hold on Monday evening, January 28,
1957 at the Town Building in Porth Andover pursuant to notice duly
given according to law and to the Rules of the Board, upon Petition
of Massachusetts Institute of Technology (hereinafter called the
"Institute") dated January , 1957, on file with the Board for
a special permit for an Exception permitting said Institute:
To erect and maintain on a tract of land in the Boston
Full area of the Town of ;Forth Andover the following:
1, 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), one hundred twenty
(120) feet wide and thirty (30) feet in
height, which in turn will be surmounted
by an IFP' antenna two feet in height. The
total height of the structure from the
ground to the top of the IFF antenna will
be one hundred thirty-two (132) feet.
2. One forty (40) foot radar tower surmounted
by a twenty-six (26) foot radome. The com-
bined height of the tower and radome com-
prises sixty-siz (66) feet.
3• One sixty (60) foot parabolic reflector
mounted on a six-foot pedestal. The total
height of this structure will be sixty-six
feet.
The generators and related equipment
i
1
1
i
IN
IN
Cf,
recd`., fed to operate the two sm ler towers
will be housed in two prefabricate d buildings,.
each of which will have a floor area seventy
(70) by forty' (40) feet, totalling 5600 square
feet:.
The land in question, of which Boston Hillis a parts.
is located in a -Rural Residence District as shown on the official
zoning map, dated Tune 25, 1956, as amended, on file with the
Town Clerk, and plan of the land in question showing the proposed
installation was attached to the Institute's Petition..
All five members of the $card were present at the hearing.
The members of the Board are familiar with the location
of the land under consideration and its characteristics, as well
as the surrounding neighborhood.
On testimony at the hearing, it appeared that the Institute,
a non-profit oducational institution, is a party to a contract wi
the United States Air Force, under which is conducted, among other
things, research in radar and related electronic fields, towards
the and that this country will receive adequate warning in case
of attack either by aircraft or guided missile. This research
program is considered to be vital to the stational Defense program
i and time
is ever of the essence.
Since
1951, a
number of radar
research
installations of various
sizes,
about
fifty in all, have
been erected and maintained by Lincoln Laboratory of the Institute
along the eastern seaboard from Maine to Georgia, with particular
concentration of such installations in Massachusetts. At the time
of the Petition, plans had been completed whereb7 Lincoln Laboratory
1
of the Institute was to undertake to erect and maintain another
i
radar research installation. Accordingly, numerous sites were
viewed and studied alatW the eastern seaboard, particularly in the j
-2-
IM
I
II Ne. England are: before the Boston Bills in ::orth Andover
w
was chosen as the most advantageous location for conducting this
radar research project.. Many factors entered into this deci9ion, I
Iamong which were the following principal ones:
1,_ The crest of Boston Hill is -flat
and affords an unobstructed_ view in all directions;.
2. The surrounding area is -relatively frne3
of habitation, thus permitting the exercise of
max3m:m security precautions; and
The site is near enough to Lincoln
Laboratory of the Institute, located in Lexington,
thus resulting in a relatively small amount of
being lost travelling to and from the proposed In-
stallatioa.;
The Institute bas entered into.an informal agreement to
UV
On the promises u on which the research field station is to
be located, and it intends to execute a formal lease of the premise
1 if a favorable decision is issued by the Board. MOLlease wsu
provide for a term of six years with a right of the Institutes at
t
its options. to renew for a further term of six years-
� Further testimony
at the hearing brought out the following
additional 'information relating to the concrete antenna support
tower, which will be the principal and tallest structure located
on top of Boston Hill:
O 1. The tourer will -consist of six floors and it is
proposed to make use or the space provided as
follows:
First floor - Electric power anal boiler rocs
Second floor- Display (scope) room and
associated equipment
Third floor - Laboratory
Fourth floor - Receiver equipment
Fifth floor - Transmitter and air conditioners
Sixth floor - Storage
i
Operating personnel will ordinarily carr7 on their
O research and experimental work on the lower levels
at a aihht of not more than forty-eight feet above
the ground. _ �_
701
9
M
X
! It is proposed to erect initially the foregoing tower and
i at a later date to erect the two auxiliary towers hereinbefore
described:
In addition to the towers and portable buildings, the
Institute also proposes to construct a rough access road leading
f from Boston Street to the proposed installation and will erect a
chain link fence for security purposes around the immediate area.
Further testi=ry disclosed the following:
1. The proposed installation is of a
temporary nature in that -in the event the Board
permits the erection of the aforesaid radar towers
the Institute will enter into a lease for a term
i .of six years with an option to renew for an additional
..six pears. At the termination of the lease., the towers
and buildings will be torn down or dismantled and re-
moved from the property,
2. The operations to be carried out at the
proposed installation will be of a research and
experimental nature only. No offices or studios
will be maintained at the site.
1 f the property does not involve
. The use o p p y
manufacturing or result in the emission of odors,.
fumes* dust, smoke, *tbration or noises.
The maximum number of personnel which will
be employed or working at the installation, atter
completion of constructions will at no time exceed
} twenty-five persons.
i 5. The Institute will not construct or cause
'i to be constructed any residential dwelling or dwell-
i
Ings on the proposed site. Operating personnel will
ca=te from Lincoln Laboratory of the Institute in
Lexington.
6. There should be no interference with tele-
vision reception resulting from the proposed use of
the property. The frequencies at which the equipment
will operate are allocated by the Federal Communications
i Commission..
7. No service now furnished to any or all of
the inhabitants of the Town of North Andover will be
required of the Town by the Institute unless the same
are paid for by the Institute to the Town.
M
A'
J
M
1. That no more than one tower not
exceeding one hundred forty (240) feet in
height, with or without reflectors, and
no more than two additional auxiliary towers
not exceeding seventy (70) feet in height
will be erected on the site;
2, That no more than two prefabricated
buildings to house generators and related
equipment with a floor area not to exceed
560o.. square feet will be erected on the site.
3, That the number of personnel employed
or working at the site after completion of
construction will not exceed twenty-five;
4. That no residential dwelling will be
constructed or caused to be constructed -by the
Institute on the site; and
5, That no services now furnished by the
Town to any or all of its inhabitants will be
furnished the Institute unless the same are
compiasated for by it to the Town.
aft" armt
Filed in the office of the Town Clerk
my. 4/1 1957.
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STRUMRAL �! P
Dalgla Englnaer5, Inc. wo. 40794
. D51 J08 h0..
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•� Eaet RIVer Place
Methuen, MA 01844-5818 Dq 2cj' S K —1
978 682 1748 A
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HHyi.dolglapo.aom 978 682 6421 (rax) sly TL 2 O 1 OF 1
� DEI 1998
V
ABUTTER'S LIST MAP 107A & 107B
Boston Hill Development, LLC
231 Sutton Street
North Andover, MA 01845
Sharon M. Devon
Francis T. Devon
32 Boston Hill Road
North Andover, MA 01845
Dorothy A. Letizio
Michael T. Letizio
45 Boston Street
North Andover, MA 01845
Mary Letizio Calder
45 Boston Street
North Andover, MA 01845
Mary L. Salois
10 Boston Street
North Andover, MA 01845
Trustees of Reservations
572 Essex Street
Beverly, MA 01915
Estate of John C. Farnum
426 Farnum Street
North Andover, MA 01845
WAR,
JAN -28-2002 10:02 PM
U8T OF PApn�g � �
I
CERT. BY:
DATE;
TOWN OF NORTH ANDOVER
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MURTHA CULLINA
ROCHE CARENS & DEGIACOMO
A L I M I T E D L I A B I L I T Y P A R T N E R S H I P
BY HAND
O Zoning Board of Appeals
Municipal Building
120 N. Main Street
North Andover, MA 01845
RE: Application for a Finding
Dear Sir/Madam:
600 UNICORN PARK DRIVE
WOBURN, MASSACHUSETTS 01801-3343
TELEPHONE (781) 933-5505
FACSIMILE (781) 933-1530
wwwmurthalaw.com
January 31, 2002
Enclosed please find one original and ten (10) copies of the following:
1. Application for a Finding;
2. Building Inspector's Denial and Decision of the State Building Cod(
Appeals Board;
hJ �- Q
C_ o�-<
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`rim
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3. Required Plan information including Plan of Land and a typical detail of
the proposed installation; and
4. Filing Fee of $50.00.
O
Kindly file and process as your usual c(
FAD/mjf
Enclosures
O
B O S T O N H A R T F O R D N E W H A V E N W 0 B U R N
Ile 3 of 4 Application. for a FINDING
Wllna�
s.'" '+ � '' , he � �'�-�'r""�"".r&� � -���",�.'�°'+'� p�`.r�v - -'e, "' Jsa;• ^,�. "Y'roz -.
_ _ NORTH ANDOVER ZONING BOARD OF APPEALS
b. Existing Lot:
Area Open Space Percent Lot Frontage Parking * Minimum Lot set Back •
. . Sq. Ft. Coverage Feet Spaces Front Side A Side B Rear
.49A % 1350 25+ 15+ 15+ 30+
c. Proposed Lot (S): No subdivision required.
:Area Open Space Percent Lot Frontage Parking * Minimum Lot set Back •
iq. Ft Sq. Ft. Coverage Feet Spaces Front Side A Side B Rear
%
d. Required Lot: (As required by zoning By -Law)
:Area Open Space Percent Lot Frontage Parking Minimum Lot set Back
'q. Ft. Sq. Ft Coverage Feet Spaces Front Side A Side B Rear
.560 N A N/A % 250 —0 25 , 15 15 30
a Existing IBuildings:
ound Flobr Number of Total
quare feet Floors Sq. feet
,296 7 9,072
Use of
Building"
Communication Tower
.ference Use Code numbers and Uses from the Zoning By -Law State number of units in building.
b. Proposed Buildings:
ound Floor Number of 'Total Use of
quare feet Floors Sq. feet Building`
0 1.9 The attachment of a 6' diameter microwav
dish to the existing tower structure.
Terence Use Code numbers and Uses from the Zoning By -Law State number of units in building.
etitioner 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
Town Clerk's Office. it shall be the responsibility of the petitioner to fumish all supporting documentation with this application. The dated copy of this
plication received by the Town Clerk or the Zoning Board of Appeals does not absolve the applicant from this responsibility. The petitioner shall be
ponsible for all expenses for filing and legal notification. Failure to comply with application requirements, as cited herein and in the Zoning Board Rules and
gulations may result in a dismissal by the Zoning Board of this application as incomplete.
gnature
,pe above name (s) here
TO: Y- �' C� FROM: !1/7 1 C, 1 DATE: &,/ V /",)A
C (� I,� a �'�' PAGES INCLUDING
p1530
r j Q �j7�17 %r f} THIS PAGE:
FAX #: %,p 1- / �3� 1 3 3 0 FAX #: I Z4 Fj" /-' `/PHONE #: �(% '""" `0
951
11
TOWN OF NORTH ANDOVER
ZONING BOARD OF APPEALS
IN RE: Building Permit Denial
Map 107C, Parcel 11
Boston Street
North Andover, MA
WRITTEN DOCUMENTATION
(As required pursuant to Item 9 of Application for a Finding)
Pursuant to Item No. 9 of North Andover's Application for a Finding; please be
advised of the following:
1. The particular use proposed for this land or structure;
The current land use includes provisions and equipment for
telecommunication services the same.as the proposed antenna installation.
2. Facts:
A. The particular use proposed for the land or structure; The
microwave dish and existing mount is similar if not identical to other
installations currently existing on the existing grandfathered tower.
B. Fact relied upon to support a Finding that the proposed extension
or alteration shall not be more substantially detrimental than the
existing non -conforming use; The tower has constantly been used as
a telecommunication facility since 1954.
C. Addressing all details of the Building Commissioner's denial when
appropriate; The installation is subject to a variance allowing the
use. The Building Commissioner's denial is not only untimely but
also wrong.
Dated: January 31, 2002
Respectfctlly submi
Benjamin Famum
13y his Attorney.,,,-'
Francis A. DiTuna
B.B.O. No.
Roche, Carens & DeGiacomo, P.C.
600 Unicorn Park Drive
Woburn, MA 01801-3343
(781) 933-5505
O JAN -07-2002 10:58 PM
P,03
Town of North Andover
Office of the wilding Department
Community Development and Services Division
27 Charles Street
North Andover, Massachusetts OM
D. Robert•Nicetta
Building Commissioner
]anwry 21, 2002
Mr.rBea 036 Farman
397 Famum Streit
p North Andover, MA 01945
RE: Building Permit
M -107C, P --11
Boston Street
North Andover, MA
Dear Mr. Famum:
Telephone (978) 688-9545
Fax (978) 6889542
State Building Code Appeals Board
Docket Number: 01-133
Date: December 201 2001
The purpose of this correspondence is to deny your application for a Building Permit to
add and cmd two (2) Microwave Antennas at the referred location pursuant to 780 CMR,
the 'State Buildmg Code – Sixth Edition, x.111. land x.111.2.
The denial is based an the applicant not complying with zoning issues, appearing in the
SPP,CIfAL CONDITIONS, as noted in the Planning Board Special Permit dated April 21,
1999, speci6M*, Items lc,2a,2b,4b,5a,5c,5d,3a. Correspondence from Heidi Griffin to
Atty. Fh ncis Dlau4 citing the items is enclosed for your review.
Thanking you for ywr cooperation in this matter, I remain,
Yours truly,
D. Rbbwt Nb* to
BWk%g C.ommisWgner
CC: Thomas Urbek Town Counsel
Heidi CWRn, Director CD&S
CEP -MED MAI[, NO. 7000 0520 00215970 9689
0 BOARD OF APPEALS 6R8-9341 SU MING 689-9145 • CONSERVATION 6RB-9530 RPALT11689-9540 PLANNIN0 689-9535
i
O" DEC- 2001 04:10 AM P.02
i,(�� `� ,,� ' `,yam a ;aa��Is�� : t. •. 1
��;E:,, Fi., ,�,.:: :•Ila,..,:;:.:. ::. ', .,,:• .
'4 0
davtsiaoei`�� •, �. � •. . • . �oorsv�.�
1WITAR0 TSMA M1
>Aae > rev �a�o O,P�08 CbWfnk t
9�erahry' THOMAS L ROO M
TEL'(617) 727.7532 PAX: (617) 227-1754 Admjiistratar
O
STATE BLT"XNG CODE APPEALS BOARD
Date., December 20, 2001
Name of Appellant;
Service Address:
Mr. `
. Benjamin Famum
397 4mum Street
N. Andover, MA 01845
rderet
Dooket Ntunbcr, 01-153
Map 107C
Pmperty; Address: Parcel 11, Boston Street
N- Andover, MA 01845
Date of Hearing: Dm mber 18, 2001
O Jj '
We are Pleased to enclose a copy of the decision relative to the above case wherein certain
variances from the State Building Code had been requested.
Sincerely;
STATE BUILDING CODE APPEALS BOARD
OO
Jeffi y PuMam, Cie&
cc: State Buil y
ding Code Appeals Boa1�d .
BuRding-OffoW
This correspondence has been issued from dee Board of Building Regulations and Standards
® Taunton district office located at 1380 Bay Street, CERC Bldr..Tauntan- MA n77Rn
01
DEC -28-2001 04:11 AM
STATE BUILDING CODE APP AU BOARD
Dookdt Nntnbmr: 01-153
DO: December 20, 2001
P.03
All hearings are audio -recorded and, the audio tape (which is on file at the office of the Board of
Building Regulations and Standards) serves as the official record of the hearing. Copies of the audio
tape ari available from the Board for a fee of $5.00 per copy. Please make requests for copies in writing
0 and attach a check made payable to the Commonwealth of Massachusetts for the appropriate fee.
Requeia►ts may be addressed to:
Patricia A. Brennan, Program Manager
Statc Building Code Appeals Board
BBRS/Department of Public Safety
P. 0. Box 871
Taunton, MA 02780
All patties v -we duly sworn prior to offering testimony.
Attendees: Benjamin G. Franum, Appellant
w Benjamin S. Franum, Appellant's R
epresetrtativc (Son)
Francis A DiLuna, Appellant's Representative
Robert Nicetta, Municipal Building Official - Town of N. Andover
Baek®ruund: 1n his letter, dated August 15, 2001, Francis DiLwta, attorney for the appellant, served a
0 letter to'Mr. D. Robert Nicetta, Building Official, Town of N. Andover, in reference to the following
Section:of 780 CMR, Sixth Edition (the State Building Code), 111.1 for property located at Parcel 11,
Boston Street, N. Andocer. A copy of said letter is made part of this decision.
Relief Requested: The Appellant requested relief in the form of an order to mandate the building
official to take action on a building permit application for Parcel 11, Boston Street, N. Andover.
AppeQant:
The appellant's representative testified that there is a proposal to construct an antenna for which a building
permit was applied for on June 22, 2001, and the local Building official has not taken any action on the
per"it.
The appellant's representative testified that they have tried to solve the situation with different letters and
correspondences to the building official, but have not prevailed.
W
N
0
C
0
DEC -28-2001
04:11
AM
STATE Butt NG CODE APP Au'soARD
UW= Number: 01-153
Do: Deomnbw 209 2001
Maaldpal Badding offiew:
The building official was present at the hearing and was in opposition to the requested relief.
P.04
The building official testified that he made a mistake of not writing a denial letter based on zoning issues,
and will issue one immediately. The building official thought a letter from the Town stating that the
conditions.of the special permit were not achieved was proper notice.
Decision: Following testimony, and based upon relevant information provided, Board members voted as
indiosted below.
❑ ........ Granted 0.......... Denied
XXXX .....Granted with conditions (see below)
Thcvota was:
xx3m.............. _ Unanimous
0.......... Rendered Interpretation
❑ ....... Other (List action)
❑ .......... Majority
f.iet aby conditions, provisos, comments or interpretive actions, ff ady:
The Board ordered the Building Official to take action forth with in Section 111.1 of the state building
code, and issue a letter of denial based on the appellant not complying with the zoning issues.
The following members voted in the above manner
Chaimran - Maurice Alette Alexander MacLeod e3 leith Hoyle
06
17E'C=2S-2001 04:12 AM P.05
STATE WILDlrlW.C1 D�:APPEA�LS BOAM
, • .
4
D6". Nwnber:01-153
two: December 2o, 2001
A complete administrative record is on file at the Aim of the Hoard of Building Regulations and
Jeffrey Putnam, Clerk
Any person aggrieved by a decision of the State Building Code Appeals Board may appeal to a court of
eompetmt jurisdiction in accordance with Chapter 30A, Section 14 of the Massachusetts General Laws.
9
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TOWN OF Nowm ANwvm BUILDING DSP
PPLIC TM To COPIMUICr IUMMMXgRMAM COANM Ta USE OR ocCMPAWY (W, OR DEMM K ANY R.4
OTAMTHAA A(= OR it trAWMT D NXUZiG'
' Sccfon for O�rmi IIaE
BOR DM PERMU NUIlV>HFB: DAZE ISS�D:
SKMATLM
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107 C 11
MWNWaba ria
Nortlf Andover, MA 01845
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Front Yard Side Yard Rear Yazd
Rcqmhtd Pmvi& phi& Provided
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NamePr�i Addaeas�orSas�iaac '
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3.1 li==med Cocoa &pwmw NaAPPfiabb X!
Installation will . e perfr oraed by goer
Liaaaas Nambar
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iioe� cac�strardiou
Deft
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Natlogo aahia D
Installation will beperformed owner
CMOPMY M_
Naafi
Addmm
Expin"Daft
�oidmo Tdopima
Esfmated cost (Doi as) to be
1 Bu&rmg--
Z i
3 Pig
4M=Wuical (HVAC)
5 �ps�tioa
6 TOW (1f2+3+4}5)
NO OF STORES
Existing Structure
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. IREV. OATE ESCRIP110N OF CHANGE
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JOHN C.FARNUM ESTATE
\ 426 FARNUM ST.
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J� <
>� N. ANDOVER, MA 01845
41
PROJECT TITLE
N /F
BOSTON HILL
T
SKI AREA INC.
ow
N/F
TRUSTEES OF PUBLIC /S " �°�
C/O ROBERT W. DU -41-
rP.O.
RESERVATIONS i' S
9� l /CT
qND snpv�°
P.O.BOX 330
BOSTON HILL
JQ ��39
RYE BEACH, N.H. 025!
ENGINEER DATE
NORTH ANDOVER
oss��4-
RESIDE';TIAL DISTRICT 6
MASSACHUSETTS
a I
E 424.2
CONSULTANTS
N/F
JOHN C.FARNUM ESTATE
\ 426 FARNUM ST.
>� N. ANDOVER, MA 01845
41
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N/F
TRUSTEES OF PUBLIC /S " �°�
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RESERVATIONS i' S
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572 ESSEX ST. J
BEVERLY, MA. 01915 O
JQ ��39
ENGINEER DATE
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GREENMAN—PEDERSEN, INC.
tis
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CONSULMG RNGURM
sa BOOM PM ROAD
NAW.BOROD61 i MM3ftCffMMM
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56� A.
DRAWING TITLE
NU)
PROJECT GENERAL NOTES ' 0-
1. THE WIRELESS EQUIPMENT FACILITY IS AN UNOCCUPIED c a o
PROPERTY PLAN
WIRELESS FACILITY.
2. REPAIR ANY AREAS DAMAGED DURING CONSTRUCTION TO,
SCALE
3. KEEP GENERAL AREA CLEAN, HAZARD FREE, AND DISPO: ��
1" = e0'
DEBRIS, RUBBISH AND REMOVE EQUIPMENT NOT SPECIFIEI
REMAINING ON THE PROPERTY. LEAVE PREMISES IN CLE
PROJECT TAM RRB��
4. CONTRACTOR TO PROVIDE SET OF AS BUILT DRAWINGS N " "
�.
DATE 99
C.J.s.
PRa. MCR.C.J.S.DAYS
OF PROJECT COMPLETION.
/
DESIGN C.J.S.
569.5'
5. FACILITY IS UNMANNED AND NOT FOR HUMAN HABITATIOI
CHEDRACK R.M.W.
O\S\Ft\LS
,5w
ACCESS REQUIREMENTS NOT REQUIRED. P� ZOaO P
JOB NO. 96267_45
6. ANTENNA CONFIGURATION IS SUBJECT TO CHANGE. a5 *
SITE NUMBER
7. THE DESIGN, SPECIFICATIONS, PERFORMANCE AND LOCAT', 6S N
E 424.2
EQUIPMENT AND RELATED ELECTRICAL ITEMS WITHIN THEN/F
SHELTER ARE BY THE RADIO EQUIPMENT VENDOR. THE t� MICHAEL J. AND DOROTHY A. LETEZIA
SHEET NUMBER -
BE .RESPONSIBLE FOR COORDINATING HIS WORK WITH THE AND NARY LETIZIA CALDER
45 BOSTON ST.
8.. ALL BROCHURES, OPERATING MANUALS, CATALOGS, SHOE N" ANDOVER, MA 01845
ETC. SHALL BE TURNED OVER TO OWNER AT JOB COMPL
I5
9. CONTRACTOR SHALL COORDINATE WITH OWNER THROUGH' �R\GZ 2F5
7. SITE PLAN COMPILED FROM A PARTIAL SITE SURVEY BY 0\A
ON 10/20/98 AND FROM A PLAN ENTITLED "PLAN OF L
& ASSOC. DATED 02/19/97. THE SITE IS NOT WITHIN
__
SHEET 2 OF 12
TOWN OF NCRTH AND16VER497
;
siebt�/AMltfl�ihC�"i -MASSACHUSETTS
avf011/lil��d�il�idon�d , ,
BOARD Of APPEALS
NOTICE OF DECISION
Petition D7o _ j
Date of Heari+g •:Lr=n� -28, 195?
Petition of 1•roanclnla-tts In ,itute of Teci!oloav
Premises affected Hostan Si?l Barth A adover I-�55.
Referring to the above petition for a variation from the-ts of the
c
---�,QOf��••�-x"t-+s o�the '�'rnm a�f SorVh Andoger� I•,assaciiuset;s ..— — __ i
so as to permit the err. ct•i on of retain ar trnMnT-
TSS r-on, to igiyht in exaess pf the t xw_R t't-_d hr Section 8 of =i4 i+on=' ig
Ey-J.ays entitled ° %12cling Height Permitted."
After a public hearing given on the above date, the Board of Appeals voted to GRtrrr the
VA hereby authorize the Building Iuspeetor to issue a
permit to____ I-Sassachuse-t s Inertitute of Tecbno?sem_
for the comtruction of the above work, based upon the fallowing rorfstiotts:
- — i
,ee
39
W
Signed:
- z9
R�� nh Finck _�•''�ri_ '_Yi,�n _--- i
A�f'_,edd
—moi-ie�--_- - - -= --- •-- r
Bond of Appals
TOWN OF. NORTH AN MOVER
Findings- and Decision -of the- Board of, Appeals as
'. Constitstad under. Chapter t;AA, Section 14 of the
General Laws of Massachusetts acting xider: See -
tion 4 of said Cbapter, upon Petition of Massa-
chusetts Institute of Technology dated January, 2957.
A public hearing was. held on Monday evening,. January 28,
1957 at the Town Building in North Andover pursuant to notice duly
given according to law and to the Rules of the Board, upon. Petition
or Massachusetts institute of Technology (hereinafter called the
"Institute") dated January , 1957, on file with the Board for - -
Is. special permit for an Exception permitting said Institute:
To - erect and. maintain on a tract of land in the Boston
Hill area of the Town of Forth Andover the following.
1. One radar antenna support tower concrete
construction eighty-four (84) feet it
height surmounted by a sixteen (16) foot
driving mechanism upon. which- will rest a.
reflector(antenna), one hundred twenty
(120) feet aide and thirty (30) feet in
height, which in. turn will be surmounted.
by an IPF antenna two feet in height. The
total height of the structure from the
ground to the top. of the IFF antenna will
be one hundred thirty-two (132) feet:.
2. One forty (40) foot radar tower surmounted
by a twenty-six (26) foot radome. The com-
bined height of the tower and radome cam -
prises sixty-six (66) feet.
3. One sixty (60) foot parabolic -reflector
mounted on a six-foot, pedestal. The total-
height
otalheis<ht of this stricture will be sixty-six
rbat. .
The generators and related equipment
• t�
recd: ~. ed to operate the '.two sm%; Ler towers..'
Wil be housed in two prefabriditad buildings;.
each of which will have a floor area. 'seventy
(70) ' by forty. (46) feet; totalling 5600 square -
feet. .
The
land in question, of
which Boston Hill
is
a. part,_.
is located
in a Rural Residence
District as shown
on
the official
zoning map, dated June 25, 1956, as amended,. on file with the
Town Clerk, and
plan of the
land
in. question
showing _the proposed
installation was
attached,to
the
Institutes
Petition.
All five members of the Board were present at the hearing..
The members of - the Board are familiar with the location
or
the
land under
consideration and its characteristics, as well
as
the
surrounding
neighborhood.
On testimony at the hearing, it appeared that the institute
a non-profit odncational institution, is a party to a contract wit;
the United States Air Force, under which is conducted, among. Other
things, research in radar and related ' electronic fields, -towards
f the end that this country Will receive adequate warning in
' of attack. either by aircraft or guided missile. This research
program is considered to be vital to the National Defense program
and time is ever of.the essence. Since 1951, a number of radar
' research installations of various sizes, about fifty in all, have
been erected and maintained by Lincoln Laboratory of the Institute
along the eastern seaboard froze Maine to Georgia, with particular
concentration of such installations in Massachusetts. At the time
of the Petition, plans had been completed whereby Lincoln Laboratory
of the Institute was to undertake to erect and maintain another {j
radar research installation. Accordingly, numerous sites were- I
i v eyed and. studied a1o3ig the eastern seaboard, gartieularly' in the i
I � !
Naw- England are ,::,`.,. before the Boston Hill s::....� in ..orth Andover
was chosen as the most advantageous location for conducting this -
radar research. project.. Many tactors entered Into this deci3i=s
among which were the. following principal ones:
L The crest of Boston Hill is. - flat.
and affords an unobstructed - view. in all directions; .
n
2.. The surrounding area is. relatively frena
of habitation, thus permitting the exercise : of
-Security precautions; and
3.. The site is near- -enough. to Lincoln
Laboratory of'.the. Institute, located in Lexington,
thus..resulting in a relatively small emonat.of time
being lost travelling to and from the proposed In
-
The
The Institute has entered into. an informal agreement to
lease the promises upon which the research Field station is to.
be located, and it intends to execute a formal Lease of the premise
if a favorable decision is issued by the Hoard. The lease will
provide for a term of six years with a right of. the Instituta,- at
its option,. to renew for a further term of si= yeara-
Further testimony at the hearing brought out the following
i
adtional 'infor�aa.tion relating to the concrete antenna support
di
tower, which will be the principal and tallest structure located
on top of Boston Hill:
1. The tower w311- consist of six floors and it is
proposed to make use of the space provided as
follows:
First floor - Electric power and boil®r coon i
.Second floor - Display (scope) room and
4nsociated equipment
� TIS d floor - Laboratory
Fourth floor - Receive= equipment-
Fifth
quipmentFifth floor - Transmitter and air conditioners
Sixth floor - Storage
It is proposed to erect initially the foregoing tower and
at.a later date to erect the two anailiary towers herelnbefore
described:-
In.addition to the towers and portable buildings the
Institute also proposes to construct a rough access road leading
from Boston Street to the proposed installation and will erecta
chain link fence for security purposea around the I=wd3ate area.
Further teatimory disclosed the following:
1. "The proposed installation is of a
temporary nature -In that -in the event the Board
permits the erection of the aforesaid radar towers,
the Institute will enter.. into a lease for a term
of six pears with an option to renew for an additional
-six pears. At the termination of 'the . lease, t#etowers
and buildings will be torn clown or dismantled and re..
moved from the property.
2. The operations to be carried out at the
proposed installation will'be of a research and
experi=ental nature only. No offices or studios.
will be maintained at the site.
3. The use of the property does not involve
manafacturing or. result `in the. emission of odors,.
fumes, dust, smoke, *tbration or noises.
�. The maxl== number of personnel which will
be employed or working at the installation, after
completion . of conatz"action, will at.no tim_ a exceed
twenty-five perscus.
5. The Institute will not construct -or cause
to be constructed any residential dwelling or dwell-
ings on the proposed site. operating personnel will
ccm=te from Lincoln Laboratory of the Institute in
Lazington.
6. There should be no interference with tele-
vision reception resulting from the proposed use of
the property. The frequencies at which the equipment
will operate are allocated by the Federal Cammvznicatlons
CC= ission.. -
7. No service now furnished to. any or all of
the inbe itar_ts of the Town of North Andover will be
required of the Town by the institute =less the same
arepaid for by the Institute to the Town.
r 1!
R
1. That no more than one tower not
exceeding one hundred forty (1 0) Peet in
height; with or without reflectors, and
no more than two additional anailiary towers
not exceeding seventy (70) feet in height
will be erected on the site;
2. That no more than two prefabricated
buildings to house generators and related
equipment with a floor area not. to exceed
5600.. square. feet will be erected on the site.
3. That the number of personnel employed
or working at the site after completion of
construction will not exceed twenty-five;
!�. That no residential dwelling vial be
constructed or caused to be comstrubted- by- the
Institute on the site; and
5. That no services now furnished by the
Town to any or all of its. inhabitants will be
furnished the Institute unless the same are
compiasated for by it to the Town.
M 6 ��&
Filed in the office of the Town Clerk
Zwnzaax3r- Al, 1957.
0
Town of . North Andover
Office of the Zoning Board of Appeals
Community Development and Services Division
Heidi Griffin, Division Director
27 Charles Street
North Andover, Massachusetts 01845
D. Robert Nicetta
Building Commissioner
FAX TRANSMISSION
TO:
FAX NUMBER: 1 V 3 y
FROM: Town of North Andover
Zoning Board of Appeals
27 Charles Street
North Andover, Massachusetts 01845
FAX: 978-688-9542
PHONE: 978-688-95(411
DATE: '" U
S
SUBJECT:�1�-
J
NUMBER OF PAGES: �O _
Telephone (978) 688-9541
Fax(978)688-9542
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rV- v�F(',";i��,,��� �j7g-�4b-a�i� = re,� by
r
Fnk�;s p y wc(^s�
he o\i � i ��y� r�,�,
BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535
i
Town of North Andover
Office of the Zoning Board of Appeals
Community Development and Services Division
Heidi Griffin, Division Director
27 Charles Street
North Andover, Massachusetts 01845
D. Roberts Nicetta
Building Commissioner
Notice is hei
Center, 1201
7:30 PM to
for premises
Building Co
antennae on
Legal Notice
North Andover, Board of Appeals
- -
Aaalffiwgm
Telephone, 078) 688-9541
Fax (978) -954V
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►y given that the Board of Appeals will hold a public hearing at the Senior t
✓Iain Street, Jlorth Andover, MA on Tuesday the 12th of March, 2002 ae
parties irate sted in the appeal of Benjamin Farnum, 397 Farnum Street
: Boston Street, North Andover, for a Finding as a Party Aggrieved of the
nissioner's Building Permit denial for the erection of two microwave
existing tower.
The skid premise affected i§ property with frontage on the North West side of Boston
Street within he VR zoning district.
Plans are available for review at the office of the BuildingDepartment 27 Charles Street,
North Andov6r, MA Monday through Thursday from the hours of 9:00 AM to 2:00 PM.
By order of the Board of Appeals
William J. Sullivan, Chairman
Published in the Eagle Tribune on February 25 & March 4, 2002.
Legalnotice 2002-011
BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535
HP OfficeJet
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Feb -20-02 02:27 PM
Result Pages Tvoe Date Time Duration Diagnostic
OK 02 Sent Feb -20 02:27P 00:00:43 002582030022
MUR'THA CULLINA
ROCHE CARENS & DEGIACOMO
A L I M I T E D L I A B I L I T Y P A R T N E R S H I P
600 UNICORN PARK DRIVE
WOBURN, MASSACHUSETTS 01801-3343
TELEPHONE (781) 933-5505
FACSIMILE (781) 933-1530
wwwmurthalaw com
January 31, 2002
BY HAND
Zoning Board of Appeals _
Municipal Building ti o
120 N. Main Street C-- o - -<
North Andover, MA 01845 a z o w �
g + ��l" tJ[ CD�7NC7
RE: Application for a Findin7 Y ► 1
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Dear Sir/Madam: �� � 0 b V C
Enclosed please find one original and ten (10) copies
of the following: °-
1. Application for a Finding;
2. Building. Inspector's Denial and Decision of the State Building Code
Appeals Board;
3. Required Plan information including Plan of Land and a typical detail of
the proposed installation; and
4. Filing Fee of $50.00.
Kindly file and process as your usual course.
.* C►
FAD/mjf /
Enclosures.
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TOWN OF NORTH ANDOVER
FINDING
ZONING BOARD OF APPEALS
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Procedure & Requirements
For an Application for a Finding
Ten (10) copies of the following information must
be submitted thirty 30 days prior to the first public
hearing. Failure to submit the required information
within the time periods prescribed may result in a
dismissal by the Zoning Board of an application as
incomplete.
The information herein is an abstract of more specific
.requirements listed in the Zoning Board Rules and
Regulations and is not meant to supersede them. Items that
are underlined will be completed by the Town.
STEP 1: ADMINISTRATOR PERMIT DENIAL:
The petitioner applies for a Building Permit and receives
a Permit Denial form completed by the Building
Commissioner.
STEP 2: FINDING APPLICATION FORM:
Petitioner completes an application form to petition the
Board of Appeals for a FINDING. All information as
required in items 1 through and including 11 shall be
completed.
Step 3: PLAN PREPARATION:
Petitioner submits all of the required plan information as
cited in item 10 page 4 of this form.
STEP 4: SUBMIT APPLICATION:
Petitioner submits one (1) original of all the required
information and 10 xerox copies to the ZBA Secretary.
The original will be stamped by the Town Clerk
certifying the time and date of filing. The remaining ten
copies will remain at the office of the Zoning Board of
Appeals secretary.
STEP 5: LIST OF PARTIES IN INTEREST:
Once the petitioner submits all of the required
information, the petitioner requests from the Assessors
Office a certified list of Parties in. Interest (abutters).
STEP 6: SCHEDULING OF HEARING AND
PREPARATION OF LEGAL NOTICE:
The Office of the Zoning Board of Appeals schedules
the applicant for a hearing date and prepares the legal
notice for mailing to the parties in interest (abutters) and
for publication in the newspaper. The petitioner is
notified that the legal notice has been prepared and the
cost of the Party in Interest fee.
STEP 7: DELIVERY OF LEGAL NOTICE TO
NEWSPAPER/PARTY IN INTEREST FEE:
The petitioner picks up the. legal notice from the Office
of the Zoning Board of Appeals and delivers the legal
notice to the local newspaper for publication.
STEP 8: PUBLIC HEARING BEFORE THE ZONING
BOARD OF APPEALS:
The petitioner should appear in his/her behalf, or be
represented by an agent or attorney. In the absence of
any appearance without due cause on behalf of the
petitioner, the Board shall decide on the matter by using
the information it has otherwise received.
STEP 9: DECISION:
After the hearing, a copy of the Board's decision will be
sent to all parties in interest. Any appeal of the Board's
decision may be made pursuant to Massachusetts
General Laws ch. 40A sec. 17, within twenty (20) days
after the decision is filed with the Town Cleric.
Step 10: RECORDING CERTIFICATE OF DECISION
PLANS.
The petitioner is responsible for recording certification of
the decision and any accompanying plans at the Essex
County North Registry of Deeds, Lawrence
Massachusetts, and shall. complete the Certification of
Recording form and forward it to the Zoning Board of
Appeals and the Building Department Office.
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IMPORTANT PHONE NUMBERS:
978-688-9541 Zoning Board of Appeals Office
978-68&9501 Town Clerk's Office
978-688-9545 Building Department
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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. This is required in the case of a
finding when the following points based on MGLA ch.
40A sec. 6 and 9 and the North Andover Zoning By -Law
Section 9.0 a request for a FINDING shall be clearly
identified and factually supported: Addressing each of
the below points individually is required with this
application.
A. The particular use proposed for the land or
structure.
B. Fact relied upon to support a Finding that the
proposed extension or alteration shall not be more
substantially detrimental than the existing non-
conforming use.
C. Addressing all details of the Building
Commissioner's denial when appropriate.
10. Plan of Land
Each application to the Zoning Board of Appeals shall
be accompanied by the following described plan. Plans
must be submitted with this application to the Town
Clerk's Office and ZBA secretary at least thirty (30) days
prior to the public hearing before the Zoning Board of
Appeals.
10 A. Major Projects
Major projects are those which involve one of the
following whether existing or proposed: a) five or more
parking spaces, b) three or more dwelling units,
c) 2000 square feet or more of building area.
Minor projects that are less than the above limits shall
require only the plan information as indicated with an
asterisks (*). In some cases further information may be
required.
10. B. Plan Specifications:
a) Size of plan: Ten (10) copies of a plan not to
exceed 11"x17" preferred scale of 1" =40'.
b) Plan prepared by a Registered Professional
Engineer and/or Land Surveyor, with a block for five
ZBA signatures and date on mylar.
FINDING
North Andover Zoning Board. of Appeals
10 C. FEATURES TO BE INDICATED ON PLAN
A. Site Orientation shall include:
1. North point
2. zoning district (s)
3. names of streets
4. wetlands to be shown on plan (if applicable)
5. abutters of property, within 300 foot radius
6. location of buildings of adjacent properties within 50'
from applicants proposed structure
7. deed restrictions, easements
B. Legend & Graphic Aids:
1. Proposed features in solid lines & outlined in red
2. Existing features to be removed in dashed lines
3. Graphic Scales
4. Date of Plan
5. Title of Plan
6. Names addresses and phone numbers of the
applicant, owner or record, and designer or
surveyor.
10 D. FURTHER REQUIREMENTS:
Major Projects shall require that in addition to the above
features, plans must show detailed utilities, soils, and
topographic information. A set. of building elevation and
interior of building plans shall be required when the
application involves new construction, conversion and/or a
proposed change in use. Elevation plans for minor
projects include decks, sheds, & garages shall be
included with a side view depicted on the plot plan,
which include a ground level elevation.
11. APPLICATION FILING FEES
A. Notification Fees: Applicant is to send by certified
mail all legal notices to all abutters, and then supply
proof of mailing to the ZBA secretary. Applicant is to
supply stamps (appropriate current postage) for
mailing of decisions to all parties of interest as
identified in MGLA ch. 40A, sec. 11 as listed on the
application. ZBA Secretary will compute number of
stamps.
B. Applicant is to supply one (1) set of addressed
labels of abutters to ZBA Secretarywho will mail
decisions to abutters and parties in interest.
C. Administrative fee of $50.00 per application.
X
9
IN
TOWN OF NORTH ANDOVER
ZONING BOARD OF APPEALS
Procedure & Requirements
f � r an Application for a Finding
Ten (1 opies of the following information must
be submitte "rty U days prior to the first public
hearing. Failure t=nods
it the required information
within the time pee cubed may result in a
dismissal by the Zoning Boaihiof an application as
The information herein is an abstract of more e
requirements listed in the Zoning Board Rules aft
Regulations and is not meant to supersede them.
STEP 1: ADMINISTRATOR PERMIT DENIAL:
The petitioner applies for a Building Permit and receives
a Permit Denial form completed by the Building
Commissioner.
STEP 2: FINDING APPLICATION FORM:
Petitioner completes an application form to petition the
Board of Appeals for a FINDING. All information as
required in items 1 through and including 11 shall be
completed.
Step 3: PLAN PREPARATION:
Petitioner submits all of the required plan information as
cited in item 10 page 4 of this form.
STEP 4: SUBMIT APPLICATION:
Petitioner submits one (1) original of all the required
information and 10 xerox copies to the ZBA Secretary.
The original will be stamped by the Town Clerk
certifying the time and date of filing. The remaining ten
copies will remain at the office of the Zoning Board of
Appeals secretary.
STEP 5: LIST OF PARTIES IN INTEREST:
Once the petitioner submits all of the required
information, the petitioner requests from the Assessors
Office a certified list of Parties in Interest (abutters).
IMPORTANT PHONE NUMBERS:
978-688-9541 Zoning Board of Appeals Office
978-688-9501 Town Cleric's Office
978-688-9545 Building Department
FINDING
STEP 6: SCHEDULING OF H RING AND
PREPARATION OF LEGAL NOTICE:
The Office of the Zoning Board of Appeals schedules
the applicant for a hearing date and prepares the legal
notice for mailing to the parties inlinterest (abutters) and
for publication in the newspaper. The petitioner is
notified that the legal notice has been prepared and the
cost of the Party in Interest fee. 4
STEP 7: DELIVERY OF LEGAL NOTICE TO
NEWSPAPER/PARTY IN INTEREST FEE:
The petitioner picks up the legal notice from the Office
of the Zoning Board of Appeals and�delivers the legal
notice to the local newspaper for publication.
STEP 8: PUBLIC HEARING SEFOkE THE ZONING
EBOARD OF APPEALS:
The petitioner should appear in his/her behalf, or be
represented by an agent or attorney. I In the absence of
any appearance without due cause on behalf of the
petitioner, the Board shall decide on fhe matter by using
the information it has otherwise received.
STEP 9: DECISION:
After the headn a copy of the Boa 's decision will be
sent to all parties ' interest. Any apFeal of the Board's
decision may be m de pursuant to Massachusetts;
General Laws ch. 40 sec. 17, within 6enty (20) days
after the decision is fill d with the ToA Clerk.
Step 10: RECORDING CERTIFICATE OF DECISION
PLANS. i
The petitioner is responsible`` for recd ing certification of
the decision and any, accompanying pians at the Essex
County North Registry of Deeds, Lawrl nee
Massachusetts, and shall complete th.Certification of
Recording form and forward it to the Zoning Board of
Appeals and the Building Department �Offrce.
PAGE 4 OF 4
FINDING
North Andover Zoning Board of Appeals
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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. This is required in the case of a
10 C. FEATURES TO BE INDICATED ON PLAN
finding when the following points based on MGLA ch.
A. Site Orientation shall include:
40A sec. 6 and 9 and the North Andover Zoning By -Law
1. North point
Section 9.0 a request for a FINDING shall be clearly
2. zoning district (s)
identified and factually supported: Addressing each of
3. names of streets
the below points individually is required with this
4. wetlands to be shown on plan (if applicable)
application.
5. abutters of property, within 300 foot radius
6. location of buildings of adjacent properties within 50'
A. The particular use proposed for the land or
from applicants proposed structure
structure.
7. deed restrictions, easements
B. Legend & Graphic Aids:
B. Fact relied upon to support a Finding that the
1. Proposed features in solid lines & outlined in red
proposed extension or alteration shall not be more
2. Existing features to be removed in dashed lines
substantially detrimental than the existing non-
3. Graphic Scales
conforming. use.
4. Date of Plan
5. Title of Plan
C. Addressing all details of the Building
6. Names addresses and phone numbers of the
Commissioner's denial when appropriate.
applicant, owner or record, and designer or
surveyor.
10. Plan of Land
Each application to the Zoning Board of Appeals shall
10 D. FURTHER REQUIREMENTS:
be accompanied by the following described plan. Plans
Major Projects shall require that in addition to the above
must be submitted with this application to the Town
features, plans must show detailed utilities, soils, and
Clerk's Office and ZBA secretary at least thirty (30) days
topographic information. A set of building elevation and
prior to the public hearing before the Zoning Board of
interior of building plans shall be required when the
Appeals.
application involves new construction, conversion and/or a
proposed change in use. Elevation plans for minor
10 A. Major Projects
projects include decks, sheds, & garages shall be
Major projects are those which involve one of the
included with a side view depicted on the plot plan,
following whether existing or proposed: a) five or more
which include a ground level elevation.
parking spaces, b) three or more dwelling units,
c) 2000 square feet or more of building area.
11. APPLICATION FILING FEES
Minor projects that are less than the above limits shall
A. Notification Fees: Applicant is to send by certified
require only the plan information as indicated with an
mail all legal notices to all abutters, and then supply
asterisks ('). In some cases further information may be
proof of mailing to the ZBA secretary. Applicant is to
required:
supply stamps (appropriate current postage) for
mailing of decisions to all parties of interest as
10. B. Plan Specifications:
identified in MGLA ch. 40A, sec. 11 as listed on the
a) Size of plan: Ten (10 ) copies of a plan not to
application. ZBA Secretary will compute number of
exceed 11"x17" preferred scale of 1" =40'.
stamps.
b) Plan prepared by a Registered Professional
B. Applicant is to supply one (1) set of addressed
Engineer and/or Land Surveyor, with a block for five
labels of abutters to ZBA Secretary who will mail
ZBA signatures and date on mylar.
decisions to abutters and parties in interest.
C. Administrative fee of $50.00 per application.
C;
C
14
3
Page 3 of 4 - Application for a FINDING,
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NORTH ANDOVER ZONING BOARD OF APPEALS
6. b. Existing Lot:
Lot Area Open Space Percent Lot Frontage Parking
Sq. Ft. Sq. Ft Coverage Feet Spaces Front
9.49A N/A N/A % 1350 _0_ 25±—
c.
Proposed Lot (S):
Total
Use of
Lot Area
Open Space Percent Lot
Frontage
Parking
Sq. Ft.
Sq. Ft. Coverage
Feet
Spaces
N/A
----- ----- %
-----
N JA
d.
Required Lot: (As required by Zoning
By -Law)
Lot Area
Open Space Percent Lot
Frontage
Parking
Sq. Ft.
Sq. Ft. Coverage
Feet
Spaces
43.560
N/A N/A %
250
0
7. a. Existing Buildings:
Front
Front
25
Minimum Lot set Back *
Side A Side B Rear
1.5+ —f _30±
Minimum Lot set Back *
Side A Side B Rear
Minimum Lot set Back *
Side A Side B Rear
15 15 30
Ground Floor
Number of
Total
Use of
Square feet
Floors
Sq. feet
Building*
1.296
7
9,072..
Communication Tower
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 Use of
Square feet Floors Sq. feet Building*
0 0 1.9 The attachment of a*2.4° diameter microwave
------
_____ is tote existing ower structure.
N/A --------------------------------------
N/A ------ ----- -----------------------------------------
*Reference 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 Clerks 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 missal by the Zoning Board application as incomplete.
F E
Signature i,` _ t-; •�
d
above name here Benjamin Farnum
Page 2 of 4 Date & Time Stamp
Application for a FINDING _
NORTH ANDOVER BOARD OF APPEALS
1. Petitioner: Name, address and telephone number:
Benjamin Farnum, 397 Farnum Strraet North AndnvPr Massachusetts -
(978) 725-4954
'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:
397 Farnum Street, North Andover, Massachusetts
(978) 725-4954 -
Years Owned Land: Kings Grant to the Farnum Family
3. Location of Property:
a. Street: Five Boston Street Zoning District R-2
b. Assessors: Map number t c Lot Number: 11
c. Registry of Deeds: Book Number 1656 Page Number: 94 (See Essex Probate No. 350363)
4. Zoning Sections under which the petition for the Finding is made.
Denial of the Building Commissioner of an Application for a Building Permit.
'Refer to the Permit Denial and Zoning By -Law Plan Review as supplied by the Building Commissioner
�. Describe the Finding request:
The Petitioner requests the Board to overturn. the decision of the Building Commissioner
denying a Building Permit for the erection of.v Microwave Antenannae*on an existing
tower. *Dish
'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 applicatiom failure by the applicant to dearly 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 ftean not Included above.
6a, 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)
Lot Area Open Space Percent Lot Frontage Parking ' Minimum Lot set Back'
Sq. Ft. Sq. Ft. Coverage Feet Spaces Front Side A Side B Rear
A. N/A ----- ----- % ------ ----- -- ----- --- - ----
B. N/A ---
--- % ----- ---- ---- ----- -----------
9
W
Page 3 of 4
ication. for a
FINDING
NORTH ANDOVER ZONING BOARD OF APPEALS
6. b. Existing Lot:
Lot Area Open Space Percent Lot Frontage Parking Minimum Lot set Back •
X94T. Sq. Ft. Coverage Feet Spaces Front Side A Side B Rear
9.49A % 1350 25+ 15+ 15+ 30+
c. Proposed Lot (S): No subdivision . required.
Lot Area Open Space Percent Lot Frontage Parking * Minimum Lot set Back •
Sq. Ft. Sq. Ft Coverage Feet Spaces Front Side A Side B Rear
d. Required Lot: (As required by Zoning By -Law)
Lot Area Open Space Percent Lot Frontage Parking * Minimum Lot set Back
Sq. Ft. Sq. Ft. Coverage Feet Spaces Front Side A Side B Rear
43.560 N/A N/A % 250 0_ 25 15 15 30
7. a. Existing Buildings:
Ground Floor Number of -total Use of
Square feet Floors Sq. feet Building`
1,296 7 9,072 Communication Tower
'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
Square feet Floors Sq. feet
O 0 0 1.9
9
Use of
Building`
The attachment of a 6' diameter microwave
dish to the existing tower structure.
'Reference 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 ClerWs 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 fling 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
Type above name (s) here
Page 2 of 4 Date &Time Stamp
Application for a FINDING
NORTH ANDOVER BOARD OF APPEALS
1. Petitioner: Name, address and telephone number:
Beniamin Farnum, 397 Farnum Strept, North Andover Massachus ttg
Tel: (978) 725-4954
'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:
Beniamin Farnum 397 Farni,m Strpat, North Andover. Massachuse is
Tel: (978)725-4954-
Years Owned Land:
3, Location of Property:
a. Street: Boston Street Zoning District
b. Assessors: Map number()7c---Lot Number: 1 >
c. Registry of Deeds: Book Number. Page Number:_________
4. Zoning Sections under which the petition for the Finding is made.
Denial of the Building Commissioner of an Application for a Building Permit.
*Refer to the Permit Denial and Zoning By -Law Plan Review as supplied by the Building Commissioner
�. Describe the Finding request:
The Petitioner requests the Board to overturn the decision of the Building Commission-
denying a Building Permit for the erection of a two Microwave Antenannae on an
existing tower.
*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 appiicant 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
6a, Difference from Zoning By -LAW requirements: Indicate the dimensions that will not meet current
Zoning By4_aw Requirements. (A and B are in the case of a lot split) NONE
Lot Area Open Space Percent Lot Frontage Parking—109inimum Lot set Back •
Sq. Ft. Sq. Ft. Coverage Feet Spaces Front Side A Side B Rear
A. %
B. %
L
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