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HomeMy WebLinkAboutMiscellaneous - 1591 OSGOOD STREET 4/30/2018 (4) /S 9 d SGooD S i d s- \9 J e 7 i Leg IN tic TOWN OF NORTH ANDOVER MASSACHUSETTS,, BOARD OFJAPPEALS' poaTM NOTICE February 1,1988 Notice is hereby given that ►° a the Board of Appeals will give a hearing at the Town Building, North Andover, on Tuesday evening the 8th day ,SSAC Hu`'�S of March, at 7:30 o'clock, to all parties,nterested in the ap- peal of Christopher V.Adams requesting a Special Permit of Sec.9,Parag.9.1 of the Zoning By law so as to permit in- stallation of bankshoot basketoa6 amusement game and possibly gyro game on the premises located at 1591 Osgood Street. By Order of the Board of Appeals Frank Serio,Jr.,Chairman Publish in North Andover Citizen February 4 and 11, 1988 48224-25 bedrooms, den, built-ins, glass enclosed porch,2 car garage.EXCLUSIVE $242,500 Listed by Martha Salisbury .f I� GNo�od Tatv . me PwtOfdwNhvErgkuODrLam. 33 Chestnut St. a"rm Andover ,..,.,..,.. 475-4515 ObBetter Homes., Lcyall ivuuL;C TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS pORTH NOTICE otto February 1,1988 3? h` "' �� Notice is hereby given that a the Board of Appeals will give „ a hearing at the Town ° Building, North Andover, on Tuesday evening the 8th day ,v AUS Eta of March, at 7:30 o'clock,to SCH all parties interested in the ap- al of Christopher V.Adams requesting a Special Permit of ec.9,Parag.9.1 of the Zoning By Law so as to Permit in- tallation of bankshoot basketball amusement game and paossibly gyro game on the premises located at 1591 Osgood Street. By Order of the Board of Appeals .Frank Serio,Jr.,Chairman Publish in North Andover Citizen February 4 and 11, 1988 4u294-9r, 1977 report of an evaluating team from ssociation of Schools and Colleges. Legal Notice TOWN OF NORTH ANDOVER MASSACHUXfTS BOARD OF APPEALS NORTH —NOTICE A+ February 1,1988 10 3? a OL Notice is hereby given that the Board of Appeals will give t_ „ a hearing at the Town Building, North Andover, on Tuesday evening the 8th day SA US of March, at 7:30 o'clock,to all parties interested in the ap- peal of Christopher V.Adams requesting a Special Permit of Sec.9,Parag.9.1 of the Zoning By Law so as to permit in- stallation of bankshoot basketball amusement game,and possibly gyro game on the premises located at)591 Osgood Street. By Order of the Board of Appeals Frank Serio,Jr.,Chairman Publish in North Andover Citizen February 4 and 11, 1988 48224-25 •�f NoRry1�.• e F APRIL77V :X 1855 4•�,j�� CNtj er •�7f�f�f• TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS NOTICE February.119 88 Notice is hereby given that the Board of Appeals will give a hearing at the Town Building,North Andover,on.Tuesday evening . . . . . . . the M. day of . . March . . . . . . 19. 8$ at.7:36clock, to all parties interested in the appeal of Christopher. V.. Adams. . . . . . . . . . . Special Permit requesting a Mph of Sec.. . 9.,. Parag. 9.1 of the Zoning By Law so as to permit. . installation of bankshoot basketball . . . . . . . . . . . . . . . . . . . . . . . . . . . amusement. game and possibily gyro game . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . on the premises, located at. . .1591. Osgo.od .Street. . . . . . . By Order of the Board of Appeals Frank Serio, Jr. , Chairman Publish in the N. A. Citizen on Feb. 4 and Feb. 11, 1988 a Y � t` r C. t NORTH Oast..°,.1'f'p ''� ... OG FO 9 s�^ ,t M TOWN OF NORTH ANDOVER' MASSACHUSETTS BOARD OF APPEALS Christopher Adams Date:,.,... Q "-ago- Dear � Dear Applicant: Enclosed is a copy of the legal notice for your application before the Board of Appeals . Kindly submit $-3.52 for the following: Filing Fee $ Postage $-3.52 Your check must be made payable to the Town of North Andover and may be sent to my attention at the Town Office Building, 120 Main Street, North Andover , Mass . 01845. Sincerely, BOARD OF APPEALS Audrey . Taylor Clerk z � RECEIVED NORTH DANIEL 1_00 OF Ea 41 TOWN CLE0 t NOR h e TH AsBOVER 0 �° ^�: MAR 17 24 Mk oe in the Office of the Town Clerk. SS US TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS Christopher V. Adams Petition #: 119-88 P. 0. Box 574 N. Andover, MA 01845 DECISION The Board of Appeals held a public hearing on March 8, 1988, continued to March 14, 1988on the application of Christopher V. Adams requesting a Special Permit from the requirements of Section 9, Paragraph 9.1 of the Zoning ByLaw so as to permit the installation of bankshot basketball amusement court and two gyro games on the pre- mises located at 1591 Osgood Street. The following members were present and voting: Frank Serio, Jr. , Chairman, Walter Soule, acting Clerk, Raymond Vivenzio, and Louis Rissin. The hearing was advertised in the North Andover Citizen on February 4 and February 11, 1988 and all abutters were notified by regular mail. Upon a motion made by Mr. Vivenzio and seconded by Mr. Soule, the Board voted, unanimously, to GRANT the Special Permit as requested subject to the following conditions: 1. The basketball and gyro operation hours be limited to 10 a.m. to 10 p.m. except for the period from Memorial Day to Labor Day in each year, when the hours will be 10 a.m. to 11 p.m. , and that the lighting shown on the plan be "down" lighting and pointed away from the residential areas. 2. The landscaping be reasonably suitablf. and as shown on the plans, surrounding the basketball court. The Board finds that the petitioner has satisfied the provisions of Section 10, Paragraph 10.31 of the Zoning ByLaw and the granting of this Special Permit in particular will not derogate from the intent and purpose of the Zoning ByLaw nor will it adversely affect the neighborhood. Continued on Page 2 t Christopher V. Adams - con'd Page 2 The Board finds that the petitioner has satisfied the provisions of Section 10, Paragraph 10.31 of the Zoning Bylaw and the granting of this Special Permit in particular will not derogate from the intent and purpose of the Zoning Bylaw nor will it adversely affect the neighborhood. The site in question, being in an Industrial S District, is an appropriate location for the proposed uses. There are no immediately adjacent residences and no nuisance or serious hazard to vehicles or pedestrians will result from the addition of the basketball game and gyros. Dated this 17th day of March, 1988. BOARD OF APPEALS Frank Serio, Jr. Chairman /awt lie RECEIVE[) . DANIELNG i► T r U►►ice U�` ane ;lawn s Lass :g.� NORTH AN ' ►► gCHUg � ►•...�..� TOWN OF NORTH ANDOVER MAR Il 10 24 pM '86 MASSACHUSETTS BOARD Of APPEALS NOTICE OF DECISION Christopher V. Adams March 16, 1988 P. 0. Box 574 Date . . . . . . . . . . . . . . . . • . • . . . . . . . . . N. Andover, MA 01845 119 88 Petition No.. . . . . .- . . . . . . . . . . . . . Date of HearingMarch. 8, 1988 Decision: March 14, 1988 j Petition of . . . .Christopher.V,. Adams. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . • . . . . . . . . . . . . Premises affected . . . . . . .1591. Osgo,od.St.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Special Permit Referring to the above petition for a WUEQ from the requirements of XU .S e c t ion .9., . . . . . Paragraph9 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . so as to permit .installation. of one(1) bankshot basketball amusement court & two (2) gyro games on the premises located at 1591 Osgood. Street. . . . . . . . . . . . . . . . . . . . . . . . . . . After a public hearing given on the above date, the Board of Appeals voted to . . .GRANT. . . . the Special Permit . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . and hereby authorize the Building Inspector to issue a permittoChristopher V. Adams for installation of one (1) bankshot basketball court and two(2) gyros as in the brochures shown to the Board, and the plans dated 3/12%88. UXXXXXXXXXXX MKupon the following conditions: 1. The basketball and gyro operation hours be limited to 10 a.m. to 10 p.m. except for the period from Memorial Day to Labor Day in each year, when the hours will be 10 a.m. to 11 p.m. , and that the lighting shown on the plan be "down" lighting and pointed away from the residential areas. 2. The landscaping be suitable and reasonable and as shown on hhe plans, surrounding the basketball court. Signed . . . . . . .Frank Serio; Jr'.'; Chairman , - - . . . . . . .Wal ter. .$Quje,. Actipg. Q.Jp.rk . . . . . hairman. . . . . . .Walter. .Souse,. acting, Gierk , , , , • Raymond Vivenzio . . . . . . . . . . . . . . . . . . . . . Louis Rissin . . . . . . . . . . . . . . . . . . .... . . . . . . . . . . . . . . . . . . /awt . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Board of Appeals ti RECEIVED NORTH UANIEL LO111G irow" CLE0 ihe 4OR TH ANDOVER L�o C 24 in the 04ice of the Town 17 Clerk. SgCrHUSEt TOWN OF NORTH ANDOVER C. MASSACHUSETTS BOARD OF APPEALS Christopher V. Adams Petition #: 119-88 P. 0. Box 574 N. Andover, MA 01845 DECISION The Board of Appeals held a public hearing on March 8, 1988, continued to March 14, 1988on the application of Christopher V. Adams requesting a Special Permit from the requirements of Section 9, Paragraph 9.1 of the Zoning ByLaw so as to permit the installation of bankshot basketball amusement court and two gyro games on the pre- mises located at 1591 Osgood Street. The following members were present and voting: Frank Serio, Jr. , Chairman, Walter Soule, acting Clerk, Raymond Vivenzio, and Louis Rissin. The hearing was advertised in the North Andover Citizen on February 4 and February 11, 1988 and all abutters were notified by regular mail. Upon a motion made by Mr. Vivenzio and seconded by Mr. Soule, the Board voted, unanimously, to GRANT the Special Permit as requested subject to the following conditions: 1. The basketball and gyro operation hours be limited to 10 a.m. to 10 p.m. except for the period from Memorial Day to Labor Day in each year, when the hours will be 10 a.m. to 11 p.m. , and that the lighting shown on the plan be "down" lighting and pointed away from the residential areas. 2. The landscaping be reasonably suitably and as shown on the plans, surrounding the basketball court. The Board finds that the petitioner has satisfied the provisions of Section 10, Paragraph 10.31 of the Zoning ByLaw and the granting of this Special Permit in particular will not derogate from the intent and purpose of the Zoning ByLaw nor will it adversely affect the neighborhood. Continued on Page 2 f 1 Christopher V. Adams - con'd Page 2 The Board finds that the petitioner has satisfied the provisions of Section 10, Paragraph 10.31 of the Zoning Bylaw and the granting of this Special Permit in particular will not derogate from the intent and purpose of the Zoning Bylaw nor will it adversely affect the neighborhood. The site in question, being in an Industrial S District, is an appropriate location for the proposed uses. There are no immediately adjacent residences and no nuisance or serious hazard to vehicles or pedestrians will result from the addition of the basketball game and gyros. Dated this 17th day of March, 1988. BOARD OF APPEALS Frank Serio, Jr. Chairman /awt ihe °�`''•��•y•�� ti RECEIVED it Li rI :; �. E DANIEL LONG �F• is�s i+) f 'tet TORN CI_�:RK[heOii-ice va` tl�e ;1vv�rt� s'•. NORTH ANO s sOVER 1,0 �CHUg � �•...r,,� MaR Il 10. 24 AN 188 TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD Of APPEALS NOTICE OF DECISION Christopher V. Adams March 16, 1988 P. 0. Box 574 Date . . . . . . . . . . . . . . . . . . . . . . . . . . . . N. Andover, MA 01845 Petition No.. . 119788. . . . . . . . . . . . . Date of Hearing March. 8,. 1988 Decision: March 14, 1988 Petition of . . . .Qbristpphez.V,. Adam$. . . . . . . . . . . . . . . . . . . . . . . . . . ... . . . . . . . . . . . . . . . . . . . . . . . . Premises affected . . . . . . .1591. Qsgo.od .St.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Special Permit Referring to the above petition for a VAiUWA from the requirements of U4 .S e c t ion .9., . . . . . Paragraph 9.1 of the Zoning Bylaw . . . . . . . . . .... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . so as to permit .installation. of. .one(1) bankshot basketball amusement court & two (2) gyro games on the premises located at 1591 Osgood. Str.eet. . . . . . . . . . . . . . . . . . . . . . . . . . . After a public hearing given on the above date, the Board of Appeals voted to . . .GRANT. . . . the Special Permit and hereby authorize the Building Inspector to issue a permittoChristopher V. Adams for installation of one (1) bankshot basketball court and two(2) gyros as in the brochures shown to the Board, and the plans dated 3/12/88. A. upon the following conditions: 1. The basketball and gyro operation hours be limited to 10 a.m. to 10 p.m. except for the period from Memorial Day to Labor Day in each year, when the hours will be 10 a.m. to 11 p.m. , and that the lighting shown on the plan be "down" lighting and pointed away from the residential areas. 2. The landscaping be suitable and reasonable and as shown on the plans, Surrounding the basketball court. Signed Frank' Serio; Jr-.,; Chairman . . . . . . . . . . . .Wal ter. .SouJ e,. acting. GJ erk . . . . . .. Raymond Vivenzio . . . . . . . . . . . . . . . . . . . . . . . . . . I . . . . . . . . . . . . . . Louis Rissin . . . . . . . . . . . . . . . . . . ... . . . . . . . . . . . . . . . . . . /awt . . . . . . . . . . . . . . . . . . . . . . . . . . Board of Appeals NORTH pF qti `Eo •e O C aL,v C f ii'.. !may %I \tk i:Jl•d��ICe in the Office of the Town 9 U Clerk. y9SSAC•HUs�t TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS Christopher V. Adams * Petition #: 119-88 P. 0. Box 574 N. Andover, MA 01845 * DECISION The Board of Appeals held a public hearing on March 8, 1988, continued to March 14, 1988on the application of Christopher V. Adams requesting a Special Permit from the requirements of Section 9, Paragraph 9.1 of the Zoning ByLaw so as to permit the installation of bankshot basketball amusement games and two gyro games on the pre- mises located at 1591 Osgood Street. The following members were present and voting: Frank Serio Jr., Chairman, Walter Soule, acting Clerk, Raymond Vivenzio, and Louis Rissin. The hearing was advertised in the North Andover Citizen on February 4 and February 11, 1988 and all abutters were notified by regular mail. Upon a motion made by Mr. Vivenzio and seconded by Mr. Soule, the Board voted, unanimously, to GRANT the Special Permit as requested subject to the following conditions: 1. The basketball andro operation hours be lima gy p ted to 10 a.m. to 10 .m. except P P for the period from Memorial Day to Labor Day in each year, when the hours will 10 a.m. to 11 p.m. , and that the lighting shown on the plan be "down" lighting and pointed away from the residential area. 2. The landscaping be reasonably suitably and as shown on the plans, surrounding the basketball court. The Board finds that the petitioner has satisfied the provisions of Section 10, Paragraph 10.31 of the Zoning ByLaw and the granting of this Special Permit in particular will not derogate from the intent and purpose of the Zoning ByLaw nor will it adversely affect the neighborhood. Dated this 16th day of March, 1988. BOARD OF APPEALS Frank Serio, Jr. Chairman �+ 100W /awt - 7 , � J .00A"_rti4 r} rJsJ r,s�/FD✓.. i/�ivw Gd .r)�dtt� LlLLI��I�� �" i I.:ti �izerJ Nortr� IIl C(A. • •t� 0[I . te 6 ,AMILY"tOOXte OriceoTowniress Clerk. ►�SACH05�',� TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD Of APPEALS NOTICE OF DECISION Christopher V. Adams March 16, 1988 P. 0. Box 574 Date . . . . . . . . . . . 16 . . 19 . . . . . . . . . . . N. Andover, MA 01845 petition No.. . 119-88. . . . . . . . . . . . . Date of Hearing March 8; 1988 Decision: March 14, 1988 Petition of . . . .Christopher.V.. Adan►$. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . : . . . . . . . . . Premises affected . . . . . . .].591. Qsgo.od.St.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Special Permit Referring to the above petition for a WIMU from the requirements of XU .S e c t i.on .9., . . . . . Paragraph 9.1 of the Zoning Bylaw ate so as to permit .installation. o.f,.banksho.t .basketball.amus.ement.,gam and games r on -the .premises .loca.t.ed .at. 15.9.1 .Osgood. .Street... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . After a public hearing given on the above date, the Board of Appeals voted to . . .GRANT. . . : the Special. Permit . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . and hereby authorize uilding Inspector to issue a • Christopher V. Adams for installation of bankshot basketball *s4 and two (2) gy os�as tin the brochure,]shown 'to *the' 'Board,and the plans dated 3/12/88 upon the following conditions: 1. The basketball and gyro operation hours be limited to 10 a.m. to 10 p.m. except for the period from Memorial Day to Labor Day in each year, when the hours will be 10 a.m. to 11 p.m. , and that the lighting shown on the plan be "down" lighting and pointed away from the residential area$, 2. The landscaping beeand as shown on the plans, surrounding the basketball court. l ==Nigned ' ' 'Frank• 'Serio;• Jr-.'; 'Chairman ' ' ' ' . ' ' . . . . . . .Wal tex. .S..QuIe,. ac.tii)g. Q erk . . . . . . Raymond Vivenzio . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Louis Rissin . . . . . . . . . . . . . . . . . . ... . . . . . . . . . . . . . . . . . . /awt . . . . . . . . . . . . . . . . . . . . . Board.of Appeals NICHOLAS J. DECOULOS LAWYER DJECOULOS & DECOULOS AREA CODE 617 246 ANDOVER STREET OFFICE 532-1020 PEABODY. MASS. 01960 RESIDENCE 53.2-0018 RECEIVED t Law Offices DAMSEL LOING DECOULOS & DECOULOSTCWI` CLERK NORTH ANDOVER 248 Andover Street at Willowdale Lane Peabody, Massachusetts 01AN 52 �oU Tel. (617) 532-1020 U Nicholas J.Decoulos James N.Decoulos April 5, 1988 , Town Clerk Town of North Andover Town Hall North Andover, MA Dear Sir: In accordance with Chapter 40A of the General Laws of Massachusetts, you are hereby advised that on behalf of Marcia Valleley an appeal has been filed with the Essex County Superior Court as it relates to a Special Permit granted by the Board of Appeals of the Town of North Andover to Christoper V. Adams. A copy of the Complaint is enclosed herewith. Very truly yours, DECOULOS & DECO OS acholas Decoulos NJD/aw Enc. File 4327 Hand Delivered i I x COMMONWEALTH OF MASSACHUSETTS ESSEX, SS. SUPERIOR COURT NO. / 7 MARCIA VALLELEY, Plaintiff v. COMPLAINT CHRISTOPHER V. ADAMS AND FRANK SERIO, JR. , WALTER SOULE, RAYMOND VIVENZIO AND LOUIS RISSIN AS THEY ARE THE MEMBERS OF THE BOARD OF APPEALS OF THE TOWN OF NORTH ANDOVER, Defendants Parties 1. The Plaintiff, Marcia Valleley, resides at 1631 Strand Way, Coronado, California. 2. The Defendant, Christopher V. Adams, has an address of 1591 Osgood Street (P.O. Box 574) , North Andover, Massachusetts. 3 . -The following named Defendants are the duly appointed members of the Board of Appeals of the Town of North Andover: Frank Serio, Jr. Walter Soule Raymond Vivenzio Louis Rissin Allegations of Fact 4. The Defendant, Christopher V. Adams, is the owner of land located at 1591 Osgood Street, North Andover, Massachusetts. 5. The Defendant, Christopher V. Adams filed an application for a special permit from the Defendant, Board of Appeals, to install a bankshot basketball amusement court and two gyros at 1591 Osgood Street, North Andover, Massachusetts. 1 6. Said application filed by the _Defendant, Adams, did not comply with the rules and regulations of the Board of Appeals. 7. The Board of Appeals allegedly complied with the General Laws of Massachusetts by giving notice of a public hearing on said application. 8. On March 8, 1988, the Board of Appeals held a public hearing ._ on said application, despite the fact that said application did not comply with the rules and regulations of the Board of Appeals. 9. On March 17, 1988, the Board of Appeals voted to grant the application for a special permit and filed the decision with the Town Clerk on March 17, 1988, a certified copy of which is attached hereto, expressly made a part hereof, and incorporated herein by reference as Exhibit A. 10. The application for the special permit made by the Defendant, Adams, the notice of the hearing, the hearing, and the decision do not comply with the General Laws of Massachusetts, Chapter 40A, and the rules and regulations of the Board of Appeals of the Town of North Andover. 11. The property which is the subject of said application is in an Industrial S district and abuts the property owned by the Plaintiff, and the Plaintiff's property is located in a residential district. 12 . The special permit granted by the Defendant, Board of Appeals, failed to comply with the General Laws of Massachusetts, Chapter 40A, and exceeds the authority of the Board of Appeals. 2 13 . The Plaintiff is aggrieved by the approval of the application for a special permit and invokes the provisions of the General Laws of Massachusetts, Chapter 40A, Section 17, and as reason therefor states that the type of use which is being permitted by the decision of the Board of Appeals will disturb i the residential neighborhood, create a nuisance, and violates the setback requirements of the Zoning Bylaw of the Town of North Andover. WHEREFORE, the Plaintiff requests that the Court: 1. Conduct a hearing, hear all of the evidence pertinent to the authority of the Board of Appeals to grant a special permit, determine the facts, and upon the facts as so determined annul said decision by making a specific finding that said decision exceeds the authority of the Board of Appeals. 2. Notify the Building Inspector and the Town Clerk to change their records accordingly and to act in conformance and in accordance with the Court's Judgment. 3. Make such other finding as justice and equity may require. Nichol s J. Decoulos DECOULOS & DECOULOS Attorney for Plaintiff 248 Andover Street Peabody, MA 01960 Tel. (617) 532-1020 April 4 , 1988 3 �.. ' �j �NO�'•�ti RECEIVED :o o DANIEL LONG Ann?" .s TOWN CLERK • •. • • c4 :;z Tovin i taas ,• NORTH ANDOVER emu, M� Il Ip2� � �gg TOWN OF NORTH ANDOVER MAMACHUSETTB BOARD OF APPEALS NOTICE OF DECISION Christopher V. Adams labMarch 16, 1988 P. 0. Box 574 . . . . . . ........ N. Andover, MA 01845119-88 Petition No.. . .. . . ......... Dab of gMZW March P,, 1988 Decision: March 14, 1988 „ Petition of . . . .Christopher.Y,. Adame. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. ... . . . .. .. .. .. . Pre-- affected . . . .159]..Osgood.St.. . . . . . . . . . . . . . . . . . . . . . . .. . . . .. . . . . . . . . . . . ... .. . . . Special Permit 'tion for a 7�i3�ZU from the ui:+emenb o1U9 .Sectipn .9. . . . .. Ref to the above pets req ening . Paragraph 9.1 of the Zoning Bylaw so as to permit .installation. of .one(l) bankshot basketball amusement court 6- two (2) . gyro aures on the remises located at 1591 Osgood- Street - . • . • • • • • • • • • • • • • • - •• •• • • • g, g P After a public hearing given on the above date, the Board of Appeek voted do . . :G LM. . • • the SpecialPermit . . . . . . . . . . . . . . . . . . . and hereby authorize the Building Iaapecboe to friss a pelt Christopher V. Adams for installation of one (1) bankshot basketball court and 0(2) gyros as in the brochures sh 8Y own to theBoard, •and the plans dated•3/12 8� 8. upon the following conditions: 1. The basketball and gyro operation hours be limited to 10 a.m. to 10 p.m. except for the period from Memorial Day to Labor Day in each year, when the hours will be - 10 a.m. to 11 p.m., and that the lighting shown on the plan be "down” lighting and �► pointed away from the residential areas. 2. The landscaping be suitable and reasonable and as shown on 4he plans, surrounding p g the basketball court. sign" -Frank* Serio, Jr., Chairsisn' ATTEST' . . . . . . .Walter. .Soule,. Acting.Gw-k. .. .... A Tme Coq= Raymond Vivenzio .• . . . . . .. . . . . Louis Rissia . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . /awt Towp Cbtlf Board of Appy k RECEIVED NoprhL04G oE,,..• •�Af O 0W�N C,1 E! �? NORTH AsJOVER : . M 1A la tli a C :.a'�;ic ti�2 Town ',�•.;_ .;.-SS' AR 47 24 -A USES TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS * * Christopher V. Adams * Petition #: 119-88 P. 0. Box 574 * N. Andover, MA 01845 * DECISION * * * The Board of Appeals held a public hearing on March 8, 1988, continued to March 14, 1988on the application of Christopher V. Adams requesting a Special Permit from the requirements of Section 9, Paragraph 9.1 of the Zoning ByLaw so as to permit the installation of bankshot basketball amusement court and two gyro games on the pre- mises located at 1591 Osgood Street. The following members were present and voting: Frank Serio, Jr. , Chairman, Walter Soule, acting Clerk, Raymond Vivenzio, and Louis Rissin. The hearing was advertised in the North Andover Citizen on February 4 and February 11, 1988 and all abutters were notified by regular mail. Upon a motion made by Mr. Vivenzio and seconded by Mr. Soule, the Board voted, unanimously, to GRANT the Special Permit as requested subject to the following conditions: 1. The basketball and gyro operation hours be limited to 10 a.m. to 10 p.m. except for the period from Memorial Day to Labor Day in each year, when the hours will be 10 a.m. to 11 p.m., and that the lighting shown on the plan be "down" lighting and pointed away from the residential areas. 2. The landscaping be reasonably suitable and as shown on the plans, surrounding the basketball court. The Board finds that the petitioner has satisfied the provisions of Section 10, Paragraph 10.31 of the Zoning ByLaw and the granting of this Special Permit in particular will not derogate from the intent and purpose of the Zoning ByLaw nor will it adversely affect the neighborhood. Continued on Page 2 i Christopher V. Adams - con'd Page 2 The Board finds that the petitioner has satisfied the provisions of Section 10, Paragraph 10.31 of the Zoning Bylaw and the granting of this Special Permit in particular will not derogate from the intent and purpose of the Zoning Bylaw nor will it adversely affect the neighborhood. The site in question, being in an Industrial S District, is an appropriate location for the proposed uses. There are no immediately adjacent residences and no nuisance or serious hazard to vehicles or pedestrians will result from the addition of the basketball game and gyros. ' Dated this 11th day of March, 1988. BOARD OF APPEALS �� Frank Serio, Jr. Chairman /awt of•N0RTIi,� ? RANI CEIVED L LONG if) i:lle Unice of �s. i8as .L ,RK il1u ,T04till. g�;fi NORTH ANDOVER yw►rry*�� MAR 17 IQ. 24 AM '88 TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD Of APPEALS NOTICE OF DECISION Christopher V. Adams March 16, 1988 P. 0. Box 574 Date . . . . . . . . . . . . . . . . . . . . . . . . . . . . i N. Andover, MA 01845 Petition No.. . 11.9-88. . . . . . . . . . . . . Date of HearingMarch. 8,. 1988. . Decision: March 14, 1988 Petition of . . . .Ghristophgr.V.. ,A,dam5. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . : . . . . . . . . . Premises affected . . . . . . .1 5 91.. QSgo.od.S t.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Special Permit Referring to the above petition for a*AIUVU from the requirements of xhii .S e c t j PA .9., . . . . . Paragraph 9.1 of the Zoning Bylaw . . . . . . . . . .... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . so as to permit .installation. o.f. .one(1) bankshot basketball amusement court & two (2) gyro games on the premises located at 1591 Osgood. Street. . . . . . . . . . . . . . . . . . . . . . . . . . . After a public hearing given on the above date, the Board of Appeals voted to . . .GRANT. . . . the Special Permit and hereby authorize the Building Inspector to issue a permitto Christopher V. Adams for installation of one (1) bankshot basketball court and . . . . . . . . . . . . . two(2) gyros as in the brochures shown to the Board, and the plans dated 3/12%88. upon the following conditions: 1. The basketball and gyro operation hours be limited to 10 a.m. to 10 p.m. except for the period from Memorial Day to Labor Day in each year, when the hours will be 10 a.m. to 11 p.m. , and that the lighting shown on the plan be "down" lighting and pointed away from the residential areas. 2. The landscaping be suitable and reasonable and as shown on bhe plans, surrounding the basketball court. Signed .Frank, 'Serio;' Jr,.�, Chairman . . . . . . .Wal ter. .Souje,. acting, Gierk . . . . . . Raymond Vivenzio . . . . . . . . . . . . . . . . . . . . . . . : . . . . . . . . . . . . . . . . . Louis Rissin . . . . . . . . . . . . . . . . . . ... . . . . . . . . . /awt . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Board of Appeals Board of Appeals Town Office Building North Andover, Mass`01845 `` -- `� Prl USA - 22 n t�, 17 M+ Such RETUF? �lurntrar ` "RI o /13 3 MAR I988 c i I i �"� OF NOFih 9 j 3 OFFICES OF: o - " °n Town of 120 Main Street APPEALSNORTH ANDOVER North Andover, BUILDING Massachusetts O 1845 CONSERVATION CHUSES DIVISION OF (617)685-4775 HEALTH PLANNING PLANNING & COMMUNITY DEVELOPMENT KAREN H.P. NELSON, DIRECTOR MEMORANDUM T0: Board of Appeals FROM: Scott A. Stocking ,'441' ` lanner DATE: March 2, 1988 RE: 1591 Osgood Street Section 9. 1 Expansion of a Non-Conforming Use The applicant is requesting to expand a non-conforming use (miniature golf course) within an Industrial-S ( I-S) Zoning District . Staff requests that a site plan be submitted and reviewed in order to generate a set of comments regarding this proposal to the Board . I have talked with the applicant in the past , and I believe his proposal can be accomodated on his lot , should the Board grant him permission to expand his operation. `Received b_ Yf Town Clerk: RECEIVED ✓-A DANIEL LONG TOWN MRK I E8 1 1133M 'a8 TOWN OF NORTH ANDOVER, MASSACHUSETTS BOARD OF APPEALS APPLICATION FOR RELIEF FROM THE REQUIREMENTS OF THE ZONING ORDINANCE , '/ R � n . 13o-?l Applicant C/m/'rT0r/f/"'RV`_ -4L /AMS__-Address IV 14-/Y/,0 i , PW � 1 . Application is hereby made: a ) For a variance from the requirements 'of Section Paragraph and Table of the Zoning By Laws . b) For a Special Permit under Section /, aragraphQ, / of the Zoning , By Laws . c ) As a Party Aggrieved , for review of a decision made by the Building Inspector or other authority. 2 . a ) Premises affected �a�re/, land -and building (s ) _numbered `S- �QS_'�i? _1 v• /�1' QS2 ?kF--Street . R'rl+ �4-A( p t/V 4� ,� f b) remises affected are property with frontage on the North ( ) South ( ) East ( ) West ( ) side Street , and known as No. _ Street . c ) Premises affected are in Zoning District f5- and the premises affected have an area of square feet and frontage of 2�3 ` -feet . ---_ 3. Ownership a ) Name and address of owner ( if joint ownership, give all names ) : L& A5 A LT Date of Purchase __ f6t�E_Previous Owner RAM I&A. QJ FAA/0 b) If applicant is not owner , check his/her interest in the premises : Prospective Purchaser Lesee ` Other (explain) 4a Size of proposed building: fC—�._o' front ; Y feet deep; Height stories ; __feet . a ) Approximate date of erection:_.a/k �( 1?J., b) Occupancy or use of each floor :- -'7U ._S>�i?(e 660 i/''/1-f1a c ) Type of construction:_)VZD_o------`_-- 5 . Size of existing building:__ feet front ;— feet deep; Height stories ; Z feet . a ) Approximate daZoerection:b) Occupancy or ch floor :___ c ) Type of c struction: 6. Has there been a previous al2peat , under zoning , on these premises? S_ If so, wizen? ��__ W; � 7k' DeG'dription of relief sought on this petition i 'j'H To 11I7/4L'. L'',, U /00 5111' L -- 8. Deed recorded in the Registry of Deeds in Book ` '- Page 3 Land Court Certificate No. Book Page The principal points upon which I base my application are as follows : (must be . stated in detail ) ; 0 p " T �. _�v��'� �o y�A•�4. .�J x-l�iVl �"r2 s`�-� �✓ '?`/�.4T ��fl� S CST �• .'••i' yds Tr A U SlFI�1 r -- >''LAIV ?1����1 oRAL x"14 K I fit ji r=x.17-5, - '•�1 I agree to pay the filing fee, advertising in newspaper , and incidental expenses* --- 1 ` __ . -0- nature or- Petitio errs Every application for action by the Board shall be made on a form approved by., the Board . These forms shall be furnished by the Clerk upon request . ; Any communication purporting to be an application shall be treated as mere notice of* intention to seek relief until such time - as it is . made on the official application form . All information called for by the form shall be furnished by the applicant in the manner �hereinprescribed . ! Every-application shall be submitted with a List of -."Parties In Interest" • which list shall include .the petitioner , . abutters , owners of land directly opposite on any public or private street or way, and abutters to the abutters ;within ' three hundred feet ( 300 '. ) of the property line of the petitioner as they appear . on the most recent applicable tax list, - �r notwithstanding that the land of any such owner is located in another city or town, the Planning Board of the city or town, . and the. Pianning Board of. ;. every abutting city or town. *Every application shall be submitted with an application charge cost in , - the amount' of $25 . 00. In addition, the petitioner shall be responsible "'� for any and all costs involved in bringing the petition before the. Board, Such,, costs shall include mailing and publication, but are not necessarily,:''::,:';}'��� limited to these. Every application shalt be submi.tted with a plan of land approved by the Board.- No petition will be brought before the Board unless said plan has been submitted . Copies of the Board ' s requirements regarding plans are , attached hereto or are available from the Board of Appeals upon request, . r LIST OF PARTIES IN INTEREST Name . Address { C"/y,p s/'L::C . H eA-Lzr TRpjr, C �- CTROM M �� ,• '. d�600/� 2 7 7- ( C 46fJW ca k�lj)N 0 L j 4014 V4LFLy �� 3 � Sy Y i (use additional sets if ` neces7y zl�~C-l" lel o-6L-Z e) I SO qf Bankshot -�• � , >, Basketball1"Game r` 1 (Ire t. • r •' `^ 1 �•~ �r I � . �I e ; 4, � .1�• , �� 1 --'Yt _f 777^! }Vt• N� - - 1, it s L ' - K��.�111� LA) _ ` I„!e� t` mow. t" ��''t-�•,� M � BANKSHOT BASKETBALL First Indoor/Outdoor Full Size Family Sport P�` Bankshot Basketball is a pure shooting sport involving 12 0 �� backboards of varying shapes and requiring different shooting strategies which become more difficult as player moves from basket to basket. • small space oriented,the least expensive full size family sport Bankshot Basketball is a non-contact, non-running and non- • up to 48 play at once exclusionary sport that emphasizes shooting accuracy,touch, • easy installation, no maintenance, virtually vandalism intelligence an concentration rather than athletic ability or proof, any playing surface entirely safe experience.The sport is played with conventional basketballs • competitive or non-competitive and rims—butthebackboards(in12,15or18-basket games)are • handicapped play on equal terms of unconventional configurations,requiring different strategies • community sports for compact spaces to score bank shots. The caroms become increasingly more difficult as the players proceed from basket to basket on the multi-colored backboards; yet, the game can be played RABCAWASSOCIATES Inc.485,5th Ave N.Y. simultaneously(and"even-up')by peopleof all ages and abilities N.Y. 10017 212 6821371 —even those in wheelchairs. srael lylCurved backboards help conventional uall*tybasketball game reach new bounds Economic Newsletter Bankshot Basketball is a course of 12, 15, or 18 variously Bankshot Basketball shaped backboards that require more difficult shooting strategies as players move from backboard to backboard. Scoring Points in U.S. Ideal for children, adults, and the handicapped. Installs A new sport has been developed in Israel in which the outdoors at rec centers, parks, playgrounds, camps, and handicapped playercan compete on equal terms with golf courses; indoors at tennis clubs, racquetball and the able-bodied. squash clubs,gymnasiums,and arenas. Called Bankshot Basketball,the game utilizes the Made to last: Backboards reduce maintenance and conventional basketball,rims and scorecard.It differs resist vandals.Attractive,too:geometric shapes and bright from regular basketball in that all 12 of th backboards colors enhance any location. are of unconventional configurations,each requiring Rabcan Associates, Inc., New York, N.Y. varying shooting strategies,which become more and ...more difficult as one moves from basket to basket. N♦ TO ��`lVll�,`1K1'V��1K�Tlq the israel museum,jerusalem PRESS RELEASE fL,.�I c I Rabcan S ortscul tures, an integral feature of the exhibition because of its unique designs as recreation equipment, is a favourite of the visitors particularly when a basketball mysteriously appears. These functional Sportsculptures which are on display--one hanging on a wall indoors and three free-standing outdoors in the Museum's courtyard--are components of Bankshot Basketball , .one of several newly-patented and developed Rabcan Sports Systems, which are now in use in several locations in parks and playgrounds in Israel and in the United States. These designs developed by Rabcan Associates Ltd, of Netanya utilise various original curvilinear fibreglass configurations. jerusalem 91012, israel, pob 1299, cables: isramuseum, telephone 636231 1110v ,1299 1"n ,91012 W5WIT Now you can experience the WEIGHTLESSNESS of an ASTRONAUT . . . the FREEFALL of SKYDIVING . . . the FREEDOM of HANG GLIDING . . . You just rolled into aback gainer and snapped Merely nodding your head can put you into a The GYROTM machine is extremely easy to your arms like a 10 METER PLATFORM somersault, cartwheel, or spin. Shifting body use and can provide your workouts or free time DIVER You start a triple twisting side lay- weight creates the energy to powerthe GYROTM with hours of imaginative enjoyment, experiencing out—but there is NO WATER BELOW. . . NO machine. an entirely new physical sensation. TRAMP. . . NO GYM MAT. It's WILD . . . a unique ride with all the benefits Instead, you have just experienced your first of inversion or aerobic exercises. WE DARE YOU! ride on the GYRO'"' machine . . . the movements are endless! YOU'RE THE PILOT.! f � The GYROTM machine is constructed of square D and tubular steel, stands nine feet tall, weighs �' approximately five hundred pounds, and is a Ln- clean, self-contained machine with no o gears . . . no chains . . . no motors . . . and requires minimal maintenance. Cn Z a z ' M a m } �1 m y ®rn 'S z 0 m You will find it is not only just an amusement, Z but it's also a unique way of exercising the m M body. The GYROTM machine offers the perfect combination of aerobics and fun and can be CA C used by persons of all ages. C ' CALL OR WRITE NOW TO GET YOUR FIRST RIDE. GYRO NA A division of NSG, Inc. Box 1439 i New London NH 03257 ` (603)735-5151 Caution:Those persons suffering from any cardiovascular problems enhanced by inversion,G force,or motion,should consult a physician before riding. 91987 NSG,Inc.GYRO NA.All rights reserved. --...