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Av
'R CON
MISSION
NORTH ANDOV11 iSERVATTON CO\it
IFORH 14
ORDER OF CONDITIONS
W E T 1, A 14 D S P R 0 T E C T 10 N A C T
6�L. C. 131, 40
2 -55-�
CITY1�LCr,-IN NORTH ANDOVER FILE. KLPHBER -5.5-
TO: jW-jE Andrew Circle Realty Trust/ Ann.�sss 349 No '1\1ain St /754
—T5V-,-n— sh-1p -I;re—a -E —y F�i`§-:L--
Fdrest St
N
ATidbver, YiA/: o Andove'
r
C ER T I F I F -D MAIL NTUEBER
P"110JEECT LOCATION:
-Area. Northeast of Salem Stre"et'& So�theast o 'I: Iii�a 1 I's . S
-treet
R.�corded at. peSistry of North Essex Book1361/1362 ''Page 258/009&01�
C-ertificete (if registered)
I o- -t- Tc a of Lit-ent dated 3/13/79
and plans titl;�-3 and d ---Lad see Condition No .11
THIS 0,UER IS ISSUED 011,17(date)- wi Lh 26 Conditi'oi-,s
_0
Pursklant to the authority of G.L. c.* 131, s. 40, the NORTH ANDOVER
COMTwITSSION - has reviewed your Notice -of Intent and plans
identif ied above , and has deternined that the area on which the proposed vorl� is to'be
:done is significant to one or more of the interests listed in G.L. c. 131 P s. 40.
Tlr,;� ',,!O)';-��71CH ANDOVF�R CONS'ER. COMM. hereby orders that the' f ollowing conditions' are
ni�cegs,--�ry to protect said interests and all work shall be perfo*rmad in strict accordance
wit'n them and With. the Notice of Intent and plans identified above except where Such
Planq are modified by said conditions,-
0011DITIM4S
1. Failure to C-omply with all conditions stated herei - n and with all related statutes
- and other reSulatory m-aas,,ires, shall bs de ---ad CaUse- to revolke or modify this order.:
2.- This- order does not grant any property rights or any C;�clusive privlleses; it does
not P-Lit'norize any injury to private prc�peXty or invasion of private right3.
3. This order does not relieve the per-mittee or any other pereon of the necessity of
cc,:�aplying wit -h all otn,2r applicable federal., state or.�Jocai statutes ordin�Ances,
by -la -.4s and/or regulations.
4. Th e Vork authorized hereunder shall be coimpleted within one (1) year froD tl-.,2
t1liS Ordrer unless it is for a T--iintei--Tlce dred,�ing projc,
u ct- sLbject to Secticit,
5(9). `1-:� Order rnay be by th-� is�z,,iinS c'21-lthority fc-,�-
or more
P C , n:� appltcatir,� to tl-.E, spAd t t, Y
_� t, - - Y a t Las h
�Ior
d-171 prior to ti -ie of tl"-- 0'�:dle-, Or lt3 -P—
C A
5.
6.
7.
8.
-.)I!' ON S ('JDIN I I 1,�, I I D
Any f ill u sed in c onne c t J'on wJ th t 1) 1 s Pr OJ 6-"* t slia 11 be c I (-;� n f i I I C Q'11 L n, 44
tra s;h refuse, rubbish or debris, . Including, witl)out IJI"It Ing the &ene.rAlJ Ly Of Ole
- 'Lir a !"A e "i
bricks, pl'Ister, wirep I,tb, paper, ci,rdl-oard, pipet .091
foregoing, lumber, f �ny of. the foregoing.,
refrigerators, motor vehicles or parts 0
No work may be cammenced' until -I appeal puriods have elapsed from Llie order of t In e
Conservation corun—Ission or from a fin -al Order by the Department of T_DV,LrOn:-)Qnta1
Q,jality Engiheering.
No r k s ha 11 b e undertaken until the final ordert with r.espect to the proposed
project, has been recorded in the Registry of Deeds for the- district in which the.
i prop�erty. The Document
land is located within the chain of title of tlie affec ' ted
nu-mber indicating buch recording shall be subioitted o.n.the forTz at the end of this
uzwn e -rn e n t of �,-ork.
order to tt�le issuer of this order prior. to co, _nce
ss t 1) a t t,� square feet or more than
,k sign slhall be displayed a t. tile site not le
-ron- ental
three square feet . bearing the �,ordsv '."I.1assac.110 set ts Dcpartinent of Envi m
Qjality Engineering. Number 242- 155
i e e r n g is re
ental C�Iajity Engii quested to m
Wl-, e r e- the Depart-,--)ent of Enviro.ro-1
--Dission sh.-A
detel-mination and to issue a supersedil-Ig Order, the Conservation Com.
gs ond licarings before t-�e DeparU-,Pnt-'
be a party to all agency proceedinc,
or L11- b r e qui -I st,
Upon c k descril)(,d I-if�rein,' the applicant shall f -it ... _t
. a-,, -, p I e . tion of the . Ii, ,Ice e Issued stating that tne WI--)rk
in writing, that a Certificate of Comp
been satisfactorily comipleted_.
llowj�,Ig, d es cribed p,lans and� additIon al c c, n 6 1 L I. (-):-is
11) e work shall conLor-Ln to the fo
a "ToPogr�iphic Plan 0-f land/. .1 O'C'a ted in North.An"dover, MA/prepared f 0 3: -!% i L F, 1",
-by Frank C* Celina's and Asso t S* h. e, e. t s 1 2 ,
circ -le Realty Tr-ust/ cia e S!
dated-Nov&-mber-28, 1978 revised 1.2/1-i/78 and March 10, 1979'
b, Sentinei. Pro' -n/. M s,�zachusetts/ 5harpriers. Pb'nd* SIte/ ':r- h 0 r-' a. - - Q e t
r aii a
d Juine, 68/ revised Marc�li 10,
%ia'p s Drawing - 15-05-03,'- sheet 9. date 7 9.*.
Water,5hed Atea. 1 -.and -.2 added by.F.- C ..G...
C Njroti'ce of intent and Envior-or-menta.1 Data rm-/ Yroi� An d'r ew C i r c I e. P pa.l. L y
Fo
Tr,,-ist and- T6v,nsh:ip'T'Iealty Trust/ d,9.ted 3/13/79'
e-.
the proposed pond, �s conditioned this order. There shall be no
filling, al te-i- in P, removal dredging within
100 feet of any area subject to t�e' Act allowed.
25. 4-,ny c1hanges in the submitted plans, Notice of Intent, or aforemp-iltioned
conditions must be sub-i-fl-tted to the North Andover Conservation Commission
for approval prior to -implementation.
26. In accordance with Section 7 (6) of the Regulations, a written statement
certifying coi-apliance with the Order of Conditions shall accompany a
request for a Certificate of Compliance as required in Condition No. 10.
To
1-110-S 3 FILE 1i 24P -
P, -------
The npplicant, any person 899rieved by this order, any owner of land abutting
th--�! land upon which the proposed Vork is to be done, or any ten re5ideiits of the
City or to,.,,n in which Such IETd is located - are hc,-
,:eby notified of t1hair ri,ht 'to
app,aal this ord'er to the of Environm?ntal Qaality Enginearing p-rovided*
the request is pnia6e in writing and by. certified nail to tlia Department w.ithin ten I
(to) days from tl),!t issnance of.this order.
ISSUED BY NOW -H ri - R
rA L MYE
CON -SERVATION C01MI 14 1 S S 10 "1
"T -A Al
�,A day of 19-11 b.e-ore me perso-nall-y
On this
to me
appeared
the f cregoing nstru-nent
kno-wn to��e the person described inj and who executed)
and acknowledued that he e�<ecuted the saime as his free act . and deed..
/Y --J�e --V My Cora -mission expires
12 Fhe invert of the outflow str-,iclf I --ure of the pi-oposed'-pond will be s`e1t
at elevation equal to 104-5.
13. The outflow structure is to be constructed first, followed.by the erosion
check dam. Verification of ne elevation of the'invert m-ust be sent to
the N oxth Andover Conservation Commission before any additional work
is undertalken.
14. An erosion check dam of crushed stone and hay will be constructed
immediately before the outfall structure on lot AA. Details. of . said
dam must be approved by the North Ando-,.-,er Conservation Commission before
cons�truction.
15. The depth of accumula ' ted sediments behind the erosion check dam will be
deter-Litined,at least, every three (3) months and the results will be
forwarded in writing to the North Andover Conservation Commission
The area behind said dam will be cleaned of sediment when
requested by the North Andover Conservation Commission.
a
1 6. Removal of any material excavted from the proposed pond will b.e subject
to Town and Zoning By -Laws where applicable...
a
17! Prior to Auigiist 1, 1979, the limit of the area which shall be excavted
for the proposed pond is one (1) acre.
18. Prior to removal of mate_,rial from an area greater than one (1) acre, for
the proposed pond, and after August 1, 1979, four test pits will be d -ug
in the area of, the proposed pond to verify the elevation of the groui d
?ater. These tests must be witnessed by a representative of the North
An d over Conservation Commission. A benck mark will be provided by the
applicant in the area of the proposed pond in order to aid in this
verif-ication.
19. If the average test around water table, as determined in-C'ondition No. 18,
0
is below elevation 102, then the North Andover Conservation Commission will
call a public hearing at the expense of the applicant, forthe purpose of
recorsidering the size and depth of the proposed pond.
20. The plans as submitted, the Notice of Intent and a copy of the Order of
Condit'Lons will be submitted by the applicant to the U.S.' Soil Cons erv- tior
Service for their comments and suggestions. A copy of any reply will be
transmitted to the North Andover Conservation Co-,Iullission; and base(', on
comrnnents and suggestions by the Soil Conservation Service, the North
Andover Conservation Commission reserves the right to review and reconsi-
der the plan for the pond.
21. Any and all earth removal will be completed by September 1, 1981.
22. All disturbed areas above elevation 104.5 will be loamed and seeded
immediately upon comipletion.
23. No exca, v ation of any material- from the area of the proposed pond shall be
allowed during and twenty --four (24) hours following a rainfall if the
el-evation of the water in the pond is at or above tl-ie invert of th.e
ouitj[low structure.
24. The only work allowed by this order of co-ridi t. ions Is the cons tru,,Cti nil of
,ICC$UU S
Doard di-c--cucsion re tho -points set doern in Sec. 10. 31 of the By -Law:
10. � I - L
1, a. We do not fee" 'hat this larZe an OPeration is appropriate for the
location because it is in a residential area with dwellinZ,s.
he - -\:-el creating a r—acre pond will. ad.ver�zel-, effect
1, IQ. Rnmoval of tI gra
the nei!�,-h'�,orhood because ti -Le request exceeds the 1 -acre holdinr- pond ai-Ahori7.ed
C, Lo
the Con. Com. The ;Iude o 'L the o. er ion i o u rd out o, mcrci 1 4
2 ut an c ril a ard
w,ould be L'etrimental to the value o..' the el-istin!- homes. Over -t -he -road. trucly-11*11!,-
a, resirlentia', orhood would not be appropriate.
1, c. It Obviously -iiould be a serious safety _r
u� factor with tIlle number of
people that li-,,,e on the proposed truck route.
1 , d. N/A I
1, e. The proposed 5 -acre pond. is not the moE�t ap-�,.)ropriate use of the land
'because it, is a residential zone and not a commercial -,one and to 'be u��ed -for
It"hie, removal a�id sale of Zravel. The commercial gra��Tei operation i--;ould affect the
value of nearlby properties. The commercial gravel ope_r a t -ion would create an
increased amou-nt of truck traffic in 'he residential are'a_a.,--,,-T�he.:,)ro-posed ';-acre
pond. is adanger in that it is an attractive nuisance-und, ai,so, -joses- a potentiat�,
pro'blem in thant, it was not determined that the ultimato use and disr)osition of t?
proposed excavation site its -)cssible resultin,,- pond' would no'
I - LI i
affect the abuttinf- residence�, in the area. and also the Town. The ro o -al did not
I p p, .-
present a concrete plan of how the proposed pond iqould. I -,e used in the future. There
was somie discussion of the possible deeding of the property to t-he.Town without any*
Q 0
indication from I, -he Tumn of its desire to accept,
insufficient infornation to show that the plan as presented woulld function as
desi:rned.
It was not shown 'hat 'he proposed pond. with inlets -and outlets ra-a-te
-ld
exictinC water conditions in the -area.
13UILDING INSPECTOR
TOWN OF NORTH ANDOVER, AIASSACHUSErrs
BUILDING DEPARTMENT
Andrew Circle Realty Trust
349 North Main St.
Andover, Ma. 01810
Gentlemen:
October 20, 1980 ,
You are hereby ordered to stop immediately the removal
of earth from your site located at the southeast side of Ingalls
Street and the northeastside of Salem Street, North Andover, as
shown on the plan of land submitted to the Board of Appeals on
January 8, 1979.
No earth removal permit has been issued by the Town of
North Andover and thereforej no loam, gravel or soil of any kind
may be removed from the site.
Such removal is a violation of the Zoning By—Laws of the
Town of North Andover and it is my duty to order you to stop
immediately. ,
CHARLES H. FOSTER
INSPECTOR OF BUILDINGS
CHF: ad
Copy to: Scott Follansbee
Atty. Reginald L. Marden
Town Counsel
VBoard of Appeals
04 &ORTH
1 0
CHUS
CH
TOWN OF NORTH ANDOVER
MASSACHUSETTS
BOARD OF APPEALS
Pursuant to the Order of the Superior Court, Dept. Civil Action
#15867 in the case of William Konstantinakos, Trustee, vs.
Frank Serio, et al dated April 25, 1980 by Justice James J.
O'Leary, the North Andover Board of Appeals has reviewed -its
de cision in the matter of Andrew Circle Realty Trust, Petition
#22—'79, and makes the following findings as regards its
reasons for denying the said petition:
In the decision dated October 5, 1979, the Board found that
the request did not meet the conditions set forth in
Section 10-31 of the North Andover Zoning By—Law regarding
Special Permits. The specific reasons why the conditions of
Section 10.31 were not met are as follows:
1) a) The specific site is not an appropriate
location for the removal of the gravel which has
been requested because it is a residential district.
Further, the amount of gravel proposed to be
removed is far in excess of that which would be
necessary for the development of the subdivision
proposed for the location. Also, the proposed
gravel removal is in the nature of a commercial
gravel operation which, notwithstanding Section
5-4 (1), is contrary to such a residential district.
The petitioner, through Mr. Scott Follansbee, testi—
fied that in the event the permit was denied by
-2 -
the Board the gravel taken from the proposed
excavation would be used on the subdivision site.
Further, Mr. Follansbee testified at the August
13, 1979 meeting to the effect that the land
could be developed economically(for the construc-
tion of homes) however, he went on to state, that
what justified the request for a Special Permit
to remove gravel creating a 5 -acre pond is that
gravel. is very scarce and there is a large
market for it.
1) b) The excavation and hauling of the amount of
gravel proposed will negatively impact upon the
homes in the area because of the nuisance of dust,
noise, vibrations and heavy trucking in and out
of the site. Further, the resulting 5 -acre pond
could negatively affect the values of the surround-
ing residential homes. Section 1 (9) of the North
Andover Zoning By -Law provides that the purpose of
the By�Law is to control the use of bodies of
water, The Board finds that the creation of a
5 -acre -man-made pond in a residentialzone will
adversely affect the neighborhood. The people who
already own homes in this area did not purchase
their homes knowing that a 5 -acre pond would be
created nearby.
1) c) The proposed trucking of gravel from this
location will create a serious safety hazard to
the number of families that�live in the immediate
area,
1) e) The proposed gravel removal and resulting
5 -acre man-made pond are not in harmony with the intent
and purpose of the By -Law for this area. In reviewing
Section 1, PURPOSES, of the North Andover Zoning
By -Law, the Board finds as follows:
The proposed 5 -acre pond would be a danger in that
it is an at tractive nuisance.
The excavation poses a potential problem to the Town
since the petitioner did not present satisfactory
evidence showing the ultimate use and disposition
of the proposed excavation site. The petitioner
did not present a concrete plan to the Board of how
the proposed pond would be used in the future.
There was some discussion of the possible deeding
of thepond property to the Town without any
indication from the Town of its desire to accept
said property.
The petitioner presented insufficient information,
to show that the eng-ineering plans for the proposed
pond, as presented, would function as.designed.
Satisfactory evidence was not presented showing
that the proposed pond with its inlets and outlets
would not aggravate existing water conditions in
the area.
Dated: June 10, 1980 North Andover Board of A )e-a-ls
P�
By: C�'
Frank Serio, Jr., Chairman
P r6EIVE0
OCT 5 -".1979
Daniel Long, Town Clerk
Town Office Building
North Andover, 14a.
Dear 11r. Long:
'SACHUS
TOWN OF NORTH ANDOVER
MASSACHUSETTS
BOARD OF APPEALS
October 5, 1979
Andrew Circle Realty Trust
Ingalls & Salem Sts.
Petition #22-79
A public hearing was held by the Board of Appeals on July 9, 1979 upon application of
Andrew Circle Realty Trust who requested a Special Permit under Sec. 5 of the Zoning
By—Law so as to permit an earth removal operation on the premises located at the
southeast side of Ingalls St. and northeast side of Salem St. as shown on a plan of
land dated Jan. 8, 1979. The following members were present and voting: Frank Serio,
Jr., Chairman; Alfred E. Frizelle, Vice—Chairman; R. Louis DiFruscio, Clerk; James D.
Noble, Jr.; and Richard J. Trepanier.
The hearing was advertised in the North Andover Citizen on June 21 & 28, 1979 and all
abutters were duly notified by regular mail.
The matter was subsequently discussed on Aug. 13, Sept. 17, and Sept. 27, 1979. On
Sept. 27, 1979, upon motion made by James Noble, seconded by Richard Trepanier, the
Board voted unanimously to DENY the Earth Removal Permit. In making its decision, the
Board found that the request did not meet the conditions set forth in See. 10.31 of
the By—Law regarding Special Permits.
The petitioner sought an Earth Removal Permit for removal from the site off Salem St. of
approximately 100,000 cu. yds. of gravel. After full discussion and exploration of
several alternatives the Board voted to deny as per above.
Very truly yours,
B OF APPEAL
Frank Serio, Jr., Chairman
AEF: gb
TOWN OF NORTH ANDOVER
MASSACHUSETTS
BOARD OF APPEALS
NOTICE OF DECISION
Date .... Oct.-. .5,. .1979 ...........
Petition No.. . .2.2—'79
..................
Date of Hearing. JVIY. 9.,..1979....
Petition of ...... ANDREW CIRCLE REALTY TRUST
........................................................................
Premises affected ... ��q ........ : ..........................................
Special Permit under . requirements
Refernng to the above petition for a YXrjILti'an fy�q .... of - t - hd ......
. . . North. Andover. Zpning. j3y77Law. - 5eQ.-. .5 ..............................................
.... . ...... .
so as to permit . pn. earth . removal . operat.ion ............................................
........ I ...............................................................................
After a public hearing given on the above date, the Board of Appeals voted to ... DENY ..... the
...... Special Termit ...............
Owdl_ux ..... .... .. ... .. ............. ........................................
Signed
Frank Serio, Jr., Chairman
...........................................
Alfred E. Frizelle, Vice—Chairman -
.................................
R. Louis DiFruscio' Clerk
........................ ! .................
James D. Noble, Jr.
......................................
Richard J. Trepanier
......................... I .......
Board of Appeals
'Vfj'11MUWnWra1t4 of massar4usrtts b�.t
.......... FA S. S.e x .................... SS. a;V ....... Keep.er ... of ... the ... Reccxcls ................................ � I
Board of Appeal.s. ... Tip�y� ... ��f North Andover, Town Hall, North Andover, Ma.%
................................................... ... ........................................... I .............................. 9 .........................................
.............................................................................................................................................................................. Greeting:
Vou are 4rrrbV commanded in the name of the COMMONWEALTH OF MASSACHUSErrs, to
appear before the .... S.uger—iox ..... CourtJFQr...'E'Saex ... co.uaty ................. holden at ...... Rezbo.dy ..................
within and for the County of ....... �qg-99;S ......................... on the .............. §th ............ day of .... �DAY .................. at
....... 9..:.3.0 ............. o'clock in thelo.��noon, and from day to day thereafter, until the action hereinafter named
is heard by said Court, to give evidence of what you know relating to an action of ..... Civil ...........................
then and there to be heard and tried between ...................................................................................................................
Andrew Circle Realty ... .... ................................................................... ............ Plaintiff
...........................................................................
and............... �jr.a.nk ... S.e.r.io e.t .... al ........................................................................................................ Defendant
and you are further required to bring with, you ....... all...-rer-ords ... per-ta-ining ... to ... pettti-onz ..........
�.o.f ... Andr.e.w ... Cir.cle..Realty. ... Txuat--No ...... 22:n.7.9 ......................................................................................
................................................................................................. o ...................................................................................................
......................................................................................................................................................................................................
.....................................................................................................................................................................................................
3arreaf fail not, as you will answer your default under pains and penalties in the law in
that behalf made and provided.
lh&b at ...... AiadQ.v.P..r.'..Ad ........................... the ..... . r .. ........... ... y 0 A. D. 19
....... ......... .. ...........
SAMUEL NARCUS, LEGAL STATIONER, BOSTON, MASS., FORM 10 . .................. N otary Public.
JOHN J. WILLIS, SR.
Town Counsel
OFFICE OF TOWN COUNSEL
160 PLEASANT STREET
TOWN OF NORTH ANDOVER, MASSACHUSETrS oi845
September 23, 1981
TELEPHONE 685-3551
Charles H. Foster, Building Inspector
Town Hall
North Andover, MA 01845
Re: Konstantinakos., et als vs. Frank Serio, et als
Essex Superior Court No. 15867
Dear Charlie:
Enclosed herewith are copies of the documents you requested'
in the above matter.
Very truly yours,
J,Qlin J. Willis
Town Counsel
JJW: psw
Enclosures
COMMONWEALTH OF MASSACHUSETTS
Essex, ss.
WILLIAM KONSTANTINAKOS.,et als
-v-
FRANK SERIO.. -et als
vb<
Superior Court
No. 11�867
FINDINGS.9 RULINGS AND ORDER FOR JUDGMENT
Statement of the Case
on or ab out May 25,9 1979s plaintiff�trustees petitioned
'the defendant Town's Board of: Appeals. under Section 5 of the -
North Andover Zoning By-Lzws to secure a,permit for an earth
removal operation upon a certa in tract of land., The Board
�denied the permit on October 5.- 1979, and the present action
was instituted. 'This Court (O'Learys, D.G.J., sitting pursuant
.to the.statutory authority$ Chapter 303, Acts -.Of 1976.) remanded
the 'matter 't , o' permit the defendant' to set f orth in writing the
reasons and facts supporting those reasons"; ands thereafters
the Board filed a response (See Docket Paper No. 10). The motioi
for summary judgment was renewed this date, and an evidenciary
hearing limited to the introduction of the definitive
subdivision plan and actions of the trustees taken thereunder
Essex, ss. -2- -No,. 15867
FINDINGS
le The plaintiffs are the trustees of the Andrew Circle
Realty Trust, The defendants are all the members of the
North Andover Board of Appeals
2. On September 26,, 1979s the North Andover Planning
Board approved a definitive subdivision plan
"Def initive. Plan* of Land," of Ingalls Crossing",' This plaii�
provided for single-fam�il
y house lots and the excavation' of a
pond for purposes of ra inage'and a ontr 61'. of runoff.'"' This
drainage pond was also approved by -the North'Andover Conservatiori'l
Committee on or about April 24., 1979.
3. Thereafter,'the pond'was excavated and constructed.
according to the approved pond layout, and as a result -thereof,
approximately*65o.000 cubic yards of gravel was accumul6ted'.on,
this locus.
RULINGS
A. The plaintiffs' removal of earth from the locus is
specifically exempted from the interference of the Town by the
provisions of G.L. Chap. 40, Section 21(17). Any attempt by
the defendant Board to apply the.provisi6ns of the ear!th
removal by-law of the Town of North Andover to the excavations
N
i Es s ex,., s s -3- o. 15867
made pursuant to the approved subdivision plan are null and void
and have no consequence nor effect.
AGREEMENT
The parties.have agreed in the event the Court rules,
-of the plaintiffs
a's above.. that the earth removing activities
shall be subject to'the f ollowing conditions:
it
1. That trucking operations from the locus may be
until'.:
carried on,from�the hours of 7:00 a.m.
ay
6:06 p.m. Monday through Saturd
--removal- from -the site of gravel
41' 2. That the future
shall be limited to 30sOOO cubic yards, this sum.
-to be certified to the defendants by the plaintiffs
engineer.
3. A stop sign shall be erected a nd maintained.by
the plaintiffs upon entry from the locus to the
public way so as to warn any vehicle entering
into the Town street.
The ordinary., usual and proper dust control
methods ordinarily used in trucking operations
involving gravel shall be employed durihithese
trucking
.,, operations.
2
Essex, 88.
No. ir-867
.1
5. The locus shall 'be restored to that condition that
is set forth in the Conservation order of Conditionf
dated February l6s 1980, and specific.Condi.tion
. Qt
,Essex, ss-:
0 IONWEALTH OF MASSACHUSETTS
a
LAW OFFICES OF
REGINALD L MARDEN. P.C.
28 CKHTRAL OTRECT
ANDOVKR. MABS. 01610_
-rKLj (617) 470woA77
COMMONWEALTH OF MASSACHUSETTS
ESSEX, ss SUPERIOR COURT DEPARTMENT
CIVIL ACTION
No. '15867
�WILLIAM KONSTANTIAKOS,
TRUSTEE, ET AL
VS.
ORDER,
FRANK SERIOP �ET_AL.
This matter having. . come on -for hearing,.after hearing.and
being fully' advised,'- it"is. -hereb
Py
ORDERED,,' that .-the,. w ithi n- 4ct'ion--be:.and --the same-.is--h"ereb
remanded to the defendant North Andover Board of Appeals in order
.to permit defendant to set forth in writing the reasons and facts
supportinq those reasons for denying plaintiff's application.�i�
,See, e.g. Prusik v. Board of A2pLeals, 262 Mass. 451, 458;
MacGibbon v. Board of Appeals, 356 Mass. 634,-639; and it is
further ORDERED that such written reasons, and facts -supporting
such reasons, are to be filed with the Court in or before June 12,
1980.
L;, " A -Lk �,
The Clerk shall forthwith furnish a copy of the wr+t-t� Order
to all counsel of record.
Dated: April 25, 1980
James J. O'Leary,
Justice of the Court N
Sitting pursuant to
Statutory Authority
C. 303 of the Acts of 1976
JOHN J. WILLIS, SR.
Town Counsel
OFFICE OF TOWN COUNSEL
160 PLEASANT STREET
TOWN OF NORTH ANDOVER, MASSACHUSETTS 01845
July 13,1981
Mr. Frank Serio
Chairman
Board of Appeals
Town Hall
North Andover, MA 01845
Re: Konstantinakos vs. Frank Serio, et al
Essex Superior Court #15867
Dear Mr. Serio:
TELEPHONE 685-3551
On Tuesday, July 7:1 1981, pursuant to a trial before Judge Ronan of
the Essex County Superior Court, the above -captioned case was concluded.
The Judge found that General Laws, Chpt. 40, Sec. 21(17) specifically
exempts excavation of earth materials from any land where the excavation
is made pursuant to a definitive approved subdivision plan. In the
instant case there was a definitive plan approved by the North Andover
Planning Board which required the drainage pond as suggested by the
Conservation Commission. The findings of the Judge were that this came
c ompletely within the purview of the General Law enumerated above, and
ordered that no further interference be had',by the Board of Appeals.
With this kind of judgment being made, it therefore became encumbent
upon me to provide the best protection possible for the Town. I was
able to get agreements from the.Plaintiff as outlined in the order of
the court.
Enclosed for your records, is a copy of the findings, rulings and
order for judgment.
Very truly yours
-(:;7
J n J. Wi li
own Counsel
JJW:psw
Enclosure
COD94ONWEALTH OF MASSACHUSETTS
Fssexj, ss.
WILLIAM KONSTANTINAKOS,,et als
_v_
FRANK SERIO.. et als
Superior Court
No. 15867
.1
FINDINGS,, RULINGS AND ORDER FOR JUDGMT
Statement of the Case
On or about May 25., .1979, plaintiff trustees petitioned
the defendant Town's Board of Appeals under Section of the
North Andover Zoning By -Laws to secure a permit 'for an earth
removal o eration upon a certain tract of land. The Bo'ard
denied'the permit on October 5, 1979, and the present action
was instituted. This Court (OLear
ys D.C.J., sitting, pursuant
to the statutory author
ityx Chapter 303, Acts of 1976) reman'
ded
the matter "to permit the defendant to set forth in writing the
reasons.and facts Su porting those reasons I and, thereafter,
the Board filed a response
(see Docket Paper No. 10). The motion
for summary judgment wa's renewed this date, and an-evidenciary
hearing limited to the introduction of the definitive
-subdivision plan and.actions of the trustees taken thereunder
was had.
Essex, ss. .-2-
No. 15867
FINDINGS
1. The plaintiffs are the trustees of the Andrew Circle
Realty Trust. The defendants are all the members of the
North Andover Board of Appeals.
2. On September 26, 1979, the North Andover Planning
Board approved a definitive subdivision plah.entitled
"Definitive Plan of Land of Ingalls Crossing". This plan
provided for single-family house lots, and the excavation of a i
pond for purposes of drainage and controL� of runoff. This
drainage pond was also approved by the North Andover Conservation
Committee on or about April 24, 1979.
3. Thereafter, the pond was excavated and constructed
according to the approved'pond layout., and as a result thereof.,
approximately 65,000 cubic yards of gravel was accumulated on
this locus.
RULINGS
A. The Plaintiffs' removal of earth from the locus'is
specifically exempted from the interference of the Town by the
provisions of G.L. Chap. 40., Section 21(17).' Any attempt by
the defendant Board to apply the provisions of the earth
removal by-law of the Town.of North Andover to the excavations
NO. lr-�
Essex,., ss 11
made purs . uant to the approved subdivision plan are null and void
and have no consequence nor effect.
AGREIZ=
The parties have agreed in the event the Court rules
as above,, that the earth, removing activities of the plaintiffs.
shall be subject to the following conditions:
1. That trucking operations from the locus may be
carried on from the hours of 7:00 a.m. until
6:00 p.m. Monday through Saturday.
2. That the future removal from the site of gravel
shall -be limited to 30,000 cubic yards, this sum I
to be certified.to the defendants bythe plaintiffs!
11
engineer.
� C).
3. A stop sign shall be erected and maintained by
the plaintiffs upon entry from the locus to the
public way so as.to.warn any vehicle entering
into the Town street.
The ordinary3 usual and proper dust control
methods,ordinarily used in trucking operations
involving gravel shall be employed during'these
in3 operations.
LAW OFFICES OF
REGINALD L. MARDEN. P.C.
23 CENTRAL STREET
ANDOVER, MASS. 01810
TKL9 (817) 470-0477
COMMONWEALTH OF MASSACHUSETTS
jEsse.x, ss.,:
'Superior Court
Docket Number 15867
WILLfAM KONSTANTINAKOS, Trustee, Et Al
Plaintifff
11 V. JUDGMENT
Fl_�ANK SE'RIO, Et X
Defendant.
This matter came for Hearing before the Court, RONAN, J.,
,;and upon the Plaintiffs' Motion fcrSummary Judgment, the Court
made tIr-following Rulings and the Parties entered into the*
fQllowiiV Agreement:
RULINGS
The'Plaintiffs' r.emoval of earth from the Locus is
specifically exempted from the interference of the Town by the
provisions of General Law, Cha
pter 40, Section 21(17). Any attemp
by the -Defendant, BOARD, to apply the provisions of t
he earth
removal By -Law of the Tow'n of North Andover to'the excavations,
made pursuant to the.app.roved subdivision plan,'are null and vo
id
and haVe no consequence nor effec.t.
AGREUIENT
The Parties have agreedin the event the Court rules as
above, that the earth removing activities of the Plaintiffs,
shall besubject to the following conditions:
1. Trucking operations from the Locus may
be carried on from the hours of 7:00 a.m.
until 6:00 p.m., Monday through Saturday.
�1
LAW OFFICES OF
REGINALD L MARDEN. P.C.
23 r�ENTRAL STREET
ANDOVER, MAGS. 01010
TELI (617) 470-0477
2- Tlhe�':-q: ure removal f rom the site of
gravel:l-shall be. limited to 30,000 cubic
yards,."this sum to be certified to the
Defendants by the Plaintiffs' engineer.
3. A Stop Sign shall be erected and maintained
by the Plaintiffs upon entry from the Locus
tothe public -way- so as to warnany vehicle
enteringinto�the Town street.
4. The ordinary, usualand proper dust control
methods ordinarily used ii� trucking operations
involving gravel shall be emplo'-0-d--(Juring
y
these trucking operations.
5. The Locus shall be restored to that condition
that is set forth in the Conservation Order
of Conditions, dated February 16, 1980, and
specific Condition Number 14.
JUSTICE OF THE SUPERIOR COURT
ENTERED
f' � , PLANNING REQUIREMENTS FOR MUNICIPAL PARTICIPATION IN
THE FEDERAL LAND AND WATER CONSERVATI,ON FUND
AND THE MASSACHUSETTS SELF-HELP PROGRAMS -
REVISED --- June, 1982 (D.IVISION OF CONSERVATION SERVICES
OVERVIEW
The Division of Conservation Services in the Executive Office of Environ-
mental Affairs administers three programs which assist Massachusetts municipalities
in acquiring and/or developing recreation and conservation areas and facilities:
THE FEDERAL LAND AND WATER CONSERVATION FUND established by Act
of Congress, F9-65—,proV-i aesap emen-t=to states and
Tburs
their political subdivisions for acquisi ion and development of
lands for outdoor recreation.
THE MASSACHUSETTS SELF-HELP PROGRAM, established by Mass.a.chusetts
General Laws Chapter 132A, Section 11, prov ' ides up to 80% reimburse-
ment for the acquisition only of conservation lands to communities
with conservation commissions duly established under M.G.L. Chapter
40, Section 8C.
THE MASSACHUSETTS URBAN SELF-HELP PROGRAM, established by Chapter 933
of the Acts of 1977, as amended, provides up to 80% reimbursement for
the acquisition of park or recreation lands to Massachusetts cities
and to towns with a population of thirty-five thousand which have
established park or recreation commissions and conservation commissions.
o
To receive assistance through any of these three programs, a municipali.ty
must submit to the Division of Conservation Services and obtain approval of a
conservation and/or recreation plan prepared or updated within the past five
years. The Division of Conservation Services established this planni.ng require-
ment in 1967 to encourage a systematic method of meeting local and reaional
conservation, recreation, and open space needs. This booklet details the require-
ments for these municipal planning documents.
INTRODUCTION TO PLANNING REQUIREMENTS
Several types of planning documents may qualify a municipality to participate
in the Federal Land and Water Conse4ation Fund and/or the Massachusetts Self -Help
Programs.
PUBLICATION # 12852 -11 -200 -6 -32 -CR
Approved by; John Manton, State
Purchasing Agent
(2)
1.) Conservation and recreation plans which are elements of a
comprehensive "master plan" may provide eligibility for all
three programs'.
2.) Joint conservation and recreation plans, prepared through the
cooperation of several municipal agencies (e.g. planning board,
recreation commission, conservation commission) may provide
eligibility for all three programs.
3.) Plans prepared by an individual municipal agency (e.g., con-
servation commission or recreation commission or planning board)
or a consultant may provide eligibility for:
a.) the Self -Help Program (conservation or passive recreation
land acquisition), if the content of the plan addresses only
conservation issues.
or b.) the Land & Water Conservation Fund and the Urban Self -Help
Program (active recreation land acquisition and development),
if the content of the plan addresses only active recreation
issues.
or c.) all three programs, if the content of the plan addresses
both conservation and active recreation issues.
TO INSURE ELIGIBILITY FOR ANY OF THE GRANTS PROGRAMS, A PLAN SUBMITTED TO THE
DIVISION OF CONSERVATION SERVICES MUST INCLUDE:
1. A statement of agency -participation and methodology of plan development
11. Background data on physical, social, and economic factors important to open
space and/or recreation policies
1 1. A statement of municipal conservation and/or recreation goals and objectives
IV. An inventory of public, quasi-publi-c, and private (but used by the public)
conservation and/or recreation facilities
V. An analysis and statement of community conservation and/or recreation needs
V I . A five-year action program
V I I . Written comments on the plan from the local planning board and the regional
planning agency
When plans are inadequate in some regard or are more than five years old,
communities can attain eligibility by revising and updating their plans; they
(3)
need not prepare a,n entirely new plan. Revisions and updates, however, must
be accompanied by a written explanation describing how the major addit.i.ons and
changes complement previously submitted documents and by a copy of the previous
plan if it is not already on file with the Division of Conservati-on Services.
All plans submitted to the Division of Conservation Services for approval
must fulfill the following technical requirements:
1. Plans must be dated on cover and title page.
2. Copies of plans must be bound.
3. All reproductions Must be legible.
4. No partial copies or excerpts from master plans.or other documents are
acceptable; reports must be submitted in their entirety.
5. Updates must include a copy of previous plan (unless a copy is on fi'le
w i th the D i v i s i on of Canservat i on Se ry i ces)
6. If a plan refers to other planning documents for essential i,nformati.on,
these documents must accompany the conservation and/or recreation plan
submitted.
7. All plans must*include a map of conservation and -recreation lands and
a copy of any other maps referred to for essential i.nfo-rmati,on in the
:plan.
In addition, it is suggested that the format of p1ans submitted to the.
Division of Conservation Services for approval follow the planning requirements
as presented herein.
DISCUSSION OF THE PLANNING REQUIREMENTS
I
Statement of Agency Participation
This section should clearly cite the agencies which pa.rtici-pated in develop-
ing the plan and should indicate the extent of their parti'ci'pation i.n the planning
process. Such agencies might include t he recreation commission and/or conservation
comm ission, the local planning board, the regional planning agency, and any citizen
group such as watershed, conservation, or park associati.ons. The methodology used
in developing the plan:�should also be clearly explained here andshould Include
a description of group input into the plan and of any questionnalresused or
public hearings hel d to facilitate development of the plan.
Background information
The background information must delineate the s.igni'ficant natural, soci,al,
and economic,factors which affect the community's natural resources and recreation
needs. M . aps, graphs, and other illustrations may be used to highlight this part
of the planning document. T he emphasis should be on how natural, soc'i..al, and
economic factors relate to conservation and recreation poli-cyo rather than on a
lengthy description of the factors themselves-. For example, such ph-ysi,cal
characteristi cs of a municipality as soils, topography and clfmate may dictate
what kinds of conservation and recreation activitiesOare po55i.b.le there. Likewi.sel,
social factors such as population density and personal income levels may reflect
recreation interest or demand in terms of how much time and money people can and
do spend on certa I in activities. Such factors may also affect the demand on
natural resources and the development pressures of an area. Background i.nformation
can be found in the municipality's monograph prepared by the Department of
Commerce and Development, (100 Cambridge Street, Boston, M,assachusetts .02202 and
may also be obtained from the United State Census, the Massachusetts Census,
the municipality's master plan (if one exists) and from the tegi'onal planning
agency.
Factors to be considered in the background information sec.tion are:
1. Physical characteristics
a. topography
b. soils and vegetation
c. water resources
d. wildlife
e. unique features
f . climate
2. Population
a. absolute numbers (past, present, future projections)
b. special groups within the community (je.g. ethni.c, handicapped,
e-Iderly, youth, disadvantaged)
c. population density (persons per square mile, broken down by
sub -areas if signigicant variation exists)
3. Personal income levels
4. Land use patterns
5. Transportation networks,
6. Water supply and sewage disposal systems
Goals and Objectives
I
The community's goals and objectives for the protecti-on of thelf natural
resources and the provision of recrEation;al opportunities are to be set forth
in this section. In this context, "goals" are the long range aspi.rati,ons of.
the municipality and "objectives" are specific, m,easurab-le actions to be taken
in order to incrementally achieve long range goals.
The relationship of natural resources and recreation goals and objectives
to housing, employment, transportation and other community, goals for the
location of future growth should be made explicit through an analysis and dis-
cussion of proposed land uses and their impact on the social and economic
conditions of the community. Open space planning should be coordinated with
local planning for water resources, community housing, schools, employment
opportunities, transportation and economic development. Conservation/recreation
plans should be consistent with local, regional and 5tat e growth policy goals.
The development of goals and objectives should incorporate the opinions
of the local citizenry and municipal agencies as well as the needs and desires
of the region and the Commonwealth. Local interests may be ascertained through
public opinion surveys of open space desires and/or recreation activity preferences,
and through open hearings or meetings directed specifically toward conservation
and/or recreation issues. Regio nal and state i.nterests are discussed in reports
published by the regional planning agencies and in the Statewide Comprehensive
Outdoor Recreation Plan (SCORP) published by the Massachusetts Department of
Environmental Management. Published open space and/or recreati,on faci'lities
standards may also be used to develop conservation and/or recreation goals*and
objectives.
Following are some exam -p -les.- of conservati-on/recreation goals and objectives:
GOALS OBJECTIVES
1. protection of water resources a. preserve watershed [n a . certain area.
b. identify and protect wetlands
2. preservation of open space,
scenic areas, and rare plant
and animal species habitat
3. integration of recreation and
conservation activities
4. provision of a balanced re -
I creation program
a. establish. "criti"cal" zones and
protect them
b. develop brochure to pub.1i.cize
importance of a uni'que area 1.
a. develop trai'ls to li.nk a con-
servation area with an acti've
recreation area
b. ascertain ci.ti.zen demand for hiki.nq
areas; improve existing facil'li.ti,es
and provi'de new ones where appropriate
a. develop summer recreation program
for the elderly
b. create winter sports activities areas
Inventory
This section must summarize -the current supply of recreati.on and natural
resource areas and facilities within the municipality. Categories to be covered
i nc I ude:
1. forest and wood area
Z. land and water areas important for conservation purposes e.g. water recharge
areas, flood plai'ns, etc.
3. sites with significant natural features such as, rare speci.es habitats or
other important ecological or geologi'cal features
4. parks and recreation sites and facili'ties
5. other sites often used for multiple purpose open spaces such as school
(7)
grou I nds,.town commons, or park areas associated with a particul I ar.
industrial complex; historical areas
6. agricultural lands, especially far mland that is currently assessed or
is eligible for assessment under M.G.L. Chapter 61A, the Farmland
Assessment Act, and farmland protected by C-780, Acts of 1977, the
APR program.
The inventory should list'all public (-federal, state, and municipal),
quasi -public, and private (but used by the public) conservation/recreation sites.
For each parcel the acreage, form of ownership, current zoning, and agency
responsible for management should be specified. With primarily recreational
sites, the quality of facilities and type.of activities should be listed as well
as information regarding their seasonal usetand thesize and geographic distribution
of their participant populations. Any special legal measures that have been taken
to protect the public interest in the site must also be noted. Such special
protective arrangements may include:
1. special zoning, i.e., floodplain, conservancy district, or hi.storic
district zoning
2. special regulations, i.e., wetlands protection regulations
3. special deed restrictions and easements, i.e., conservation restrictions,
public access easements, wetlands restrictions
At least one clear map, delineating conservation and/or recreation lands,
must be included in the plan. Such a map, however, is not to be considered a
substitute for a proper list of conservation and/or recreation lands.
Much of the data required in this inventory has already been assembled by
various public and private agencies such as your regional planning agency,
Conservation Districts U.S. Soil Conservation Service or the Department of
Environmental Management Planning Staff (Executive Office of Envi.ronmental Affairs,
100 Cambridge Street, Boston, Massachusetts 02202). The DEM Natural Heritage
Program staff also would be an excellent source of information for locating
rare species habitats.
Community Needs
This section must assess present and projected conservation and/or re-
p
creation needs by comparing existing facilities and turrent demand for use with
the goals and objectives�and projected demand for facilities. It is important
that this evaluation reflect the unique characteristics of the community as
highlighted in the background data. Some important considerations are:
1. What deficiencies exist in neighborhood open space?'
2. How secure are the existing legal protections of natural resource areas,
such a I s agricultural lands, rare species habitat, etc.?
3. Will recreation acti . vities be radically different in the future?
4. Do handicapped persons have equal access to community facilities?
5. Are the operation and maintenance programs properly staffed?
6. Do recreation facilities satisfy the -needs of special age groups or
ethnic populations?
7. Are water resources adequately protected?
8_ How,does ex1sting,open space meet the demands of the present and projected
population according to state (.SCORP) and national CNational Park Service)
standards?
Action Program
A five-year action program specifies the conservat.ion/and or recreation
priorities for the municipality year by year but need not be site-specific. The
following topics should be included in an action program.
1. Areas or sites to be acquired, controlled, or protected by:
a. fee si.mple acquisition
b. deed easements and restrictions
c. special zoning and other regulatory measures
d. other means
2. Facili-ties to be developed or rehabilitated
3. Programs to be provided
4. operation and ma[ntenance activities
9
5. Funding sources:
a. municipal fiscal capacity (including priority of open space and/or
recreation in the budget)
b. federal and state (by name of funding program)
c. local or other
Written Comments on the Plan
The conservation and/or recreation plan must be revi,ewed by all participatin g
agencies as well as any other agency which may be affected by the report. Their
written comments, submitted with the plan, will provide evidence of interagency
cooperation. I �
Comments from the local planning board and the regional planni,ng agency must
accompany the plan. In addition, comments from the public ob.tained at meetings
or hearings on the plan should be included when availabl e as well as comments from
the principal governing body of the municipality and the conservation and recreati.on
commissions. Negative opinions should not be excluded.
Common misconceptions regarding the planning requirements:
1. Natu,ral Resource Planning Program or Natural Resource Inventory is sub-
mitted instead of a plan -
While important components of a plan, these reports are not by them-
selves a valid plan
2. Action plan is missing -
A document that lacks an action plan is missing a method of imple-
mentation; this is a serious deficiency.
3. A map is submitted to fulfill the plan requirement -
k
A map is not a plan; a map supports a plan.
Statement of Participation
and Methodology
Background Information
Goals and Objectives
Inventory
PLAN CHECK -OFF LIST
agencies
special associations
citizens
physical characteristics
topography
soils, and vegetation
wat6r resources
wildlife
unique features
climate
p7o—pulation
—absolute numbers
special groups
population density
personal income levels
land use patterns
transportation networks
water supply and sewage disposal
systems
conservation goals and objectives
recreation goals and objectives
method used to develop goals and
objectives
recreation land
conservation land
pri'me agri'cultural land
F7o—rall land inventoried:
size of parcels
form of ownership
current Zoning
agency responsible for management
special legal restrictions or
regulations
types of activities
quality of facilities
seasonal use
number of participants
—participant geographic
distribution
map of conservation/and or
recreation lands
0
Analysis of Needs
Five Year Action Program
Written Comments
conservation needs
... recreation needs
____�pecial user group.needs
municipal and neighborhood needs
_priorities defined
areas or sites to be
acquired, protected, etc.
facili-ties to be developed
___programs to be provided
____operation and maintenance problems
funding sources
municipal fiscal capacity
federal or state sources
(by name)
local or other
—planning board
—regional planning agency
.. other
#r iuwiN sir
NORTHANDOVER
BOARD OF APPEALS
NOTICE
CINU
June 19, 1979
Notice'is heieby given that
the Board of Appeals will
give a hearing at the Town
Building, North Andover, on
MONDAY EVENING the 9th
day of JULY, .1979, at -7:30
p.m., to all parties interested
in the appeal of ANDREW
CIRCLE REALTY TRUST
requesting a Social Permit
under Sec. 5 of the Zoning By
Law so as to permit an. earth
removal operation on the
premises, located at the
southeast side of Ingalls St.
and northeast side of Salem
St.
By Order of the
Board of Appeals
Frank Serio, Jr.
Chairman
Publish N.A. Citizen: June 21
& 28, 1979
ose
Double Hi
AM Pocket Tran:
2 -Piece Car
rs from existing Savings Accounts
and withdraw all, or part of, this 0
i.mac
. , Thurs. 8am - 5pm /Wed.
Tues., Wed., Thurs. 8am -!
lvegdl Nlotice
June 19, 1w19
Notice'is hereby given that
the Board of Appeals will
give a hearing at the Town
Building, North Andover, on
MONDAY EVENING the 9th
day of JULY, .1979, at 7; 30
p.m,, to all parties interested
in the appeal of ANDREW
CIRCLE REALTY TRUST
requesting a Special Permit
under Sec. 5 of the Zoning By
Law so as to permit an earth
'removal operation on the
premises, located at the
southeast side of Ingall's St.
and northeast side of Salem
St.
By Order of the
Board of Appeals
Frank Serio, Jr.
Chairman
Publish N.A. Citizen:,june 21
"-,_1979
TOWN OF
NORTHANDOVER
BOARD OF APPEALS
NOTICE
ORT-
of�
June 19, 1w19
Notice'is hereby given that
the Board of Appeals will
give a hearing at the Town
Building, North Andover, on
MONDAY EVENING the 9th
day of JULY, .1979, at 7; 30
p.m,, to all parties interested
in the appeal of ANDREW
CIRCLE REALTY TRUST
requesting a Special Permit
under Sec. 5 of the Zoning By
Law so as to permit an earth
'removal operation on the
premises, located at the
southeast side of Ingall's St.
and northeast side of Salem
St.
By Order of the
Board of Appeals
Frank Serio, Jr.
Chairman
Publish N.A. Citizen:,june 21
"-,_1979
Legal Notice
TOWN OF
NORTH ANDOVER
BOARD OF APPEALS
-.NOTICE�
+
00
0
.-A
June19,1979
Notice is hereby given that
the Board of Appeals will
give a hearing at the Town
,Building, North. Andover, on
MONDAY EVENING the 9th
day of JULY, 1979, at 7:30
p.m., to all parties interested
in the appeal of ANDREW
,CIRCLE REALTY TRUST
requesting a Special Permit
under See. 5 of the Zoning By."
Law so as to permit an earth
removal operation 'on the
premises, located at the
southeast side of -Ingalls St.
and northeast side of Salem
St.
By Order of the
Board of Appeals
Frank Serio, Jr.
Chairman
Publish N.A. Citizen: June 21
Sz 28, 1979
Leg9l
TOWN OF -
NORTHANDOVER
60ARD OF APPEALS
NOTICE
.W. . . . . . . . . . .
CINU
June19,1979
Notice is hereby given that
the Board of Appeals will
give a hearing at the Town
Building, North.Andover, on
MONDAY EVENING the 9th
day of JULY, 197 9, at 7:30
p.m., to ail parties interested
in the appeal of ANDREW
.CIRCLE REALTY TRUST
requesting a Special Permit
under Sec. 5 of the Zoning By
Law so as to permit an earth
removal operation 'on the
premises, located at the
southeast side of Ingalls St.
and northeast side of Salem
St.
By Order of the
Board of Appeals
Frank Serio, Jr.
Chairman
Publish N.A. Citizen: June 21
& 28, 1979 1
Utpubil I
'Choose
Double H
AM Pocket �ran
2 -Piece Cal
irs from existing Savihgs Accounts
and withdraw all, or part of, this a
ac
Ipera
We make bankini
3., Thurs. 8arn - 5pm / Wed.
, Tues., Wed., Thurs. 8am -!
LOggi 140TICe,
TOWN OF -
NORTH ANDOVER
BOARD OF APPEALS
NOTICE
Of AORriq
0
CHU
June 19, 1979
Notice is hereby given that
the. Board of Appeals will
give a hearing at the Town
Building, North Andover, on
MONDAY EVENING,the 9th
day of JULY, - 1979, at 7:30
p.m., to all parties interested
in the appeal of ANDREW
CIRCLE REALTY TRUST
requesting a Special Permit
under Sec. 5 of the Zoning By
Law so as to permit an earth
removal operation on the
premises, located at the
southeast side of Ingalls St.
and northeast side � of Salem
By Order of the
Board of Appeals
Frank Serio, Jr.
Chairman
Publish N.A. Citizen: June 21
& 28, 1979
utrvoi i,
I ChoosE
Double H
AM PockefTrar
2 -Piece Ca
rs from existing Savings Account
and withdraw all, or port of, this
IM, C
p I
w!era
make bankin
Thurs. 8arn - 5prn /Wed. E
Tues., Wed., Thurs. 8arn - 5r
Legal Notke,,
TOWN OF
NORTH MqDOV'ER
BOARD OF APPEALS,
NOTICE
TAORrol
k,
C14us
June 19, 1979
Notice is hereby given that
the Board of Appeals will
give a'hearing at the Town,
-Budding, North Andover,, *.on
MONDAY EVENING the 9th'
day of JULY, W9, at 7:30.
P. ffi., to" parties interested
in the appeal of ANDREW
CIRCLE REALTY TRUST
requesting a Special Permit
ujider Sec. 5 of the Zoning By -
Law so as to permit an earth
removal operation 'on the
premises, located at the
,southeast side of lr4alls St.
and northeast side of Salem
St. B - y Order I of the
Board of Appeals
Frank Serjo, Jr.
Chairman
Publish N.A. C;tizen: June 21
& 28, 1979 - I I ,
Le'gal Notke
TOWN OF
NORTHANDOVER.-
BOARD OF APPEALS, -
NOTICE - -
of 14ORT#,
June 19,1979
Notice is hereby given that
the Board of Appeals will
give a hearing at the Town
Building, North, Andover,',on
MONDAY EVENING the 9th
day of JULY, 1979, at 7:30
p,ffi., to all parties interestbd
in the appeal of ANDREW
CIRCLE REALTY TRUST
requesting a Sp-bcial P,ermit
under Sec. 5 of the Zoning By -
Law so as to permit an earth
removal - operation on the
premises, located at the
southeast side of Ingalls St.
and northeast side of Salem
St.
By Order of the
Board of Appeals
Frank Serio, Jr.
Chairman
Publish N.A. Citizen: June 21
& 28, 1979
Ju�e 19,1979
Notice is h&eby given that
the Board of Appeals will
give a hearing at ' the Town
BuBding, North Andover, on
MONDAY EVENING the 9th
day of JULY, -1979, at 7:30
p.m.-, to all parties interested
in the appeal of ANDREW
CIRCLE REALTY TRUST
requesting a Special Permit
under Sec. 5 of the Zordng By
Law so as to permit an earth
removal operation 'on the
premises, located at the
southeast side of Ingalls St.
and northeast side of Salem
St.
By.Order of the
Board of Appea Is
Frank- Serio, Jr.
Chairi-nan
Publish N,A. Citizen: June21
& 28 1979
Lego Notice
WN OF
NO RTHANDO�ER
BOARD OF APPEALS
NOTICE
VO R
01
Ju�e 19,1979
Notice is h&eby given that
the Board of Appeals will
give a hearing at ' the Town
BuBding, North Andover, on
MONDAY EVENING the 9th
day of JULY, -1979, at 7:30
p.m.-, to all parties interested
in the appeal of ANDREW
CIRCLE REALTY TRUST
requesting a Special Permit
under Sec. 5 of the Zordng By
Law so as to permit an earth
removal operation 'on the
premises, located at the
southeast side of Ingalls St.
and northeast side of Salem
St.
By.Order of the
Board of Appea Is
Frank- Serio, Jr.
Chairi-nan
Publish N,A. Citizen: June21
& 28 1979
X40
4 E— AFRILM ::a A-
1855
CHU
TOWN OF NORTH ANDOVER
MASSACHUSETTS
BOARD OF APPEALS
-%T " ry T d -I _U
...... Jun.e. .1.9.. .19.7.9 -
Notice is hereby given that the Board of Appeals will give a
hearing at the Town Building, North Andover, on. 1,1021MY
=4TIZ4 ...... the 9#t . day of :�q T Y . . . . . . . . . . . . . . . . .
7:30,P,"T-
19 .7 9 ., at. . . o clock, to all parties interested in the appeal of
MiMl U.J. CIRCL-F, I REALTY.. T.R'U�T ........ .............
requesting a 1=90j"Ma.undor. S—c.o, -. .5 of the Zoning
By Law so as to permit an . eaz-Wi removal. onexat i on ......
. . I .......... I .............. I ................. I .......
on the premises, located at - tho. uoutheaziu-. side of. Lnt-;al 1 c 131',
and northeac;t side of &-acra, St . ...........
By Order of the Board of Appeals
I-
ft�anj-' scrior Jr. I Clioirnom
Publish N. A. Citizen: June 21 & 28, 1979
Send bill `Go: V, Soott Follansbee, Plndrew Circle Real -Ly
2 -rust Txv—stuee, 324,9 I -Io. IK-ain St*, Andover, Mm. 01310
Send 5 PrOOfs to: Gilda BlwkStook, Town Bldg. j N. A.
I
0 1
CONSERVATION COMMISSION
NORTH ANDOVER, MASSACHUSETTS 01845
g7 C
L P0044). 7�
0 40
APAIL7"
June 27, 1979
Board of Appeals
Town Hall
North Andover, MA 01845
RE1 Andrew Circle Realty Trust (Scott Pond) -
Earth Removal Permit
Dear Si'rs:
The North Andover Conservation Commission held a
public hearing as required under the Wetlands Protection
Act for the above captioned item. As a result of that
hearing an Order of Conditions was issued which attempts
to protect the statutory interests outlined in the
Wetlands Protection Act. A copy of the Conservation
Commission's Order of Conditions has been delivered to
Mrs. Blackstock for your review.
The Conservation Commission would recommend that
you carefully review the Order of Conditions and incor-
porate, into the Earth Removal Permit you may issue, any
features or conditionstherein so that no conflicting
regulations will result from the actions of both of our
Boards.
In addition, at least one member of the Conservation
Commission will be present at your hearing to answer.any
questions you may have.
VST/dlp
Very truly yours ,
Vincent S. Turano, Ph.D.
Chairman
MUIR UM
TOWN OF NORTH ANDOVER
MASSACHUSETTS
ACHUS
Board of Appeals
Town Office Building
North Andover, Ma.
Gentlemen:
June 29, 1979
Regarding the application of Andrew Circle Realty Trust for Earth Removal
Permit, please be advised that the Planning Board recommends the following:
1) the required gate should be accompanied by a fence around the site;
2) fixed routes for whatever gravel is transported from the premises;
3) request that the applicant of this earth removal operation conform
to the drainage systems that have been previously specified and agreed
upon with the Highway Dept. and the Planning Board (reference: "Ingalls
Crossing" original approved subdivision, June 27, 1977);
4) measures should be taken to in -sure maintenance of quality of water
in the area.
Very truly yours,
PLANNING BOARD
William Chepulis,
Chairman
gb
REGINALD L. MARDEN
WILLIAM W. CORCORAN
LAW OFFICES OF
REGINALD L. MARDEN
23 CENTRAL STREET
ANDOVER, MASSACHUSETTS 01610,
TEL. (617) 470-0477
STEPHEN J. BANDOIAN
OF COUNSEL
Octolh�er 25,:197c)
Board of Appeals
Town of North Andover
North Andover, Ma. 01845
Dear Sir:
Enclosed please find a copy of the appeal taken
by Andrew Circle Realty Trust of the decision of the
North Andover Board of Appeals dated October 5, `9799
which denied the said trust's application for an Earth
Removal Permit. Service of such appeal is hereby made
upon you in accordance with General Laws, chapter 40A,
Section 17.
pV y ruly yours
"'ly
Reginald L. Harden
RLMI/mme
enc.
CERTIFIED MAIL - RETURN RECEIPT REQUESTED
Essex, ss
Como
NWEAL'I,'H OIF KASSACHUSETTS
W
-Lj--Lam &Onstantinakos, and
V. Scott Foliansbee, Trusteesot
Andrew Circle Realty Trust of North
A�qdover
Plaiiitiffs
VS.
COMPLAINT
Frank Serios' Alfred E. Frize] le
R. ljouis 1)il,�
and Ri , h rusciO James D. Noble, Jr.
C arld J". . Ti-ep an ier Members
of,North Anclo I �
_ver Board of
-fieT, end
ants
Plaintiffs ar
e adult individuals act-int7 under
Declarati,on
of Trust as trustee of Andrsw Circle Realty Trust, of
North Andover, which trust -has a principal place of buSine.n.j
at 349 North Main Street, Andover, Essex Count-,
chu,sOtt
2. Defen
dants are members of the North Andov'e . P Board of Apper_'.'.�;,
an agency Of the Town of No
at North An ov .,,.rt.h.Andover with an office located
4 ..er Town: Hall.
Massachusetts. f North Andover, E un
ssex Co t
3-� Jurisdiction Of the Cou
Ch rt is pursuant to General Laws
apter 231A, General Laws 3ter 40A
general equityj Section 17 and the
urisdictiop of the Court.
40 On or about
the defendant b%d251 919?99 Plaintiff petitioned
of the North requesting a permit under Section 5
earth removal Andover Zoning *-Laws so as to permit an
Operation on the pr
southeast s*_ em'ses located at the
ide Of Ingalls Street and northeast side of
0alem Street as shown on a plan
of land dated Ja
nuary 8,
5- On or about October 5 19?91 the,defendant denied the
Plaintiff6l said pet -L'
tion, finding that t.NLo
meet the conditions set forth in Section request did.not
Andove z * -10.3-1 Of the North
r oning BY -Law regarding Special pe
COPY of the def - rMits. A certifie
UW OFFICES OF decision is attached hereto'.
GINAI F% 6.
�3 CaNTRAL STREET
IPOVKR. I MASS. Olaf*
_zU (617) 476-0477
.L.Lb he said decision, the defendant I exceeded its
authOrity by reiyin�_on the Special Fe
Vic' Zoninf:,, By -Laws kBect rmit Provision of,
the provisi ion 10.3-1) rather than relying on
On for Permits for Earth Removal (,I;t� on
5).
IAW OFFICES OF
C.
REGINALD L MARDEN
23 CUNTRAL.4TRKET
JLNDOVUR. MAGG. 01010
T1 TELS (627) 47"477
Plaintiffs are entitled 'to -an Earth Removal Permit with reGard
to the said premises asthe Plaintiff6l petition met a.11
requiTments under Section 5 of the Zonin[.-, By-Liw.
30 In making'the said decision, the defendant exceeded. its
authority.if the Special.Permit provil-sion al -)]).Lies to the
Plaintiffs7.1 petition, in that t1te Pl,,,i,t1tJ,1'fs1 rjetit.11.on met
all conditi:bns under Section 1,,0.3`; of' the ZoninL,,7 By-law.
9. Due to the fact that the Plaintiff -V i)etition niet all t.ile
requirements of Section '110-31 of the Zoning By -Law, !�laintiffs
a-Ve entitled to the Earth Removal Permit as requested.
10. In making the said decision, the defendant exceeded its
authority as Section 5 of the ZoninL,, By-_Ijaw which provides
for Earth Removal Permits is involved. and.
11. As a result of the defendant.'s illegal actions, th�b 1�laintif fs
hbLve suf f e red substantial da ma e n u
g s 1 c a in-�'b t not, limited
'to, loss of use of the said premises and a delay in cons-
truction.
WHE1ffY0RE, the Plaintiffs pray for judgment as follows:
1. Annullment of the decision of the defendant board.
2, An order compelling the Defendant board. to issue
t . he re . quested Earth Removal Permit to the Ilaintifl.'s
William Konstant-i-nakos and
Vi Scott Follansbee, Trusteet;
by t)�eir attorney
Andover, Flass.
7�::
I
October 11, 1979
Mr, Charles Poster,
Building Insp.petor
To'�m Office Building
North Andover, �a-
Dear Mr. -Poster.,
It has been brought to the Planning Board's attention that Section 5 (5-7 (70
of the North Andover Zoning By -Law is allegedly being violated at premises
located on the southeast side of Ingalls St. and northeast side of Salem St.,
(proposed "Scott Pond")$
In response to the allegedvviolation, the Planning Board hereby requests that
you conduct an investigation of facts and an inspection of said premises
pursuant to Section 10.1 of the North Andover Zoning By -Law. The Board further
requests that if said premises are found to be in violation of our 1�y-Law,
that a written notice of the violation and a demand of abatement shall be given
to the owner of said premises.
The Board would like to be informed, in writing, of any action that you take
regarding this matter.
Sincerely,
PLANNING BOARD
Susan M. St. Pierre,
Planner
SS : gb
I
I
ANDREW CIRCLE REALTY TRUST
OF NonTH ANDOVER
349. N(-',TH MAIN STREET
ANI)0�0.'. MASS. 01810
October 11, 1979
Daniel Long, Town Clerk
Town office Building
North Andover, Massachusett.. 01845
FEE: Boa -rd of Appeals Decif,-.,)n of October 5, 1979
Petition #22-79
!,)c-ar Mr. Long:
'-:o respectfully request thc-.,.t ' -,Ic Board of AppeaPsotP 12141 1979
-ider their decision on the -,plication of Andrew Circ)Ic
,2-aity Trust for a Special !.,.-it under Sec. 5 of the
ioning By -Law so as to permx na earth removal operation
on the premises located at IiN- southeast side of Ingalls
Street and the northeast of Salem Street as shown on
DM:FelPL6*,c�0w1n-a0,fIe3�kated Jan. '979.
Town Offioe Building
l,lorl�l��-AifdWe�eil,la�-equest that th., Y.tatter be placedonthe agenda
vc
�Pcr the m'eeLng of the Bo� f Appeals scheduled to be
Dearlllk��nfig'.Aonday evening, .,,�r 15, 1979.
This shall serve as notification that oXPb9to'13WY51y9ff� the Board of
Appeals voted unanimously to not accept t e rmest for reqnsid t*
91 Rqg, era ion
from Andreii Circle Realty Trust dated Tyir.�A�8iative
to Board of Appeals decision filed October
Permit for Earth Removal. 511f
Very truly yours, . . rs4ald�'-�
BY:
BOARD OF APPEALS V.�_�cott FoUabsbee, Trustee7
VSF: jdb
Frank Serio, Jr. ,
Chairman
gb
; ;11
OCT 12 1979
ANDREW CIRCLE REALTY TRUST
OF NORTH ANDOVER
349 NORTH. MAIN STREET
ANDOVER, MASS. 01810
October 11, 1979
Daniel Long, Town Clerk
Town Office Building
North Andover, Massachusetts 01845
RE: Board of Appeals Decision of October 5, 1979
I Petition #22-79
Dear Mr. Long:
We respectfully request that the Board of Appeals recon-
sider their decision on the application of Andrew Circle
Realty Trust for a Special Permit under Sec. 5 of the
Zoning By -Law so as to permit an earth removal operation
on the premises locate ' d'at,the southeast -side of Ingalls.
Street and the northeast side of Salem Street as shown on
a plan of land dated Jan- $, 1979.
We,further request that'this matter be placedon the agenda
for the meeting of the Board of Appeals scheduled to bo
held on Monday evening, October 15, 1979.
Very truly yours,
Andrew Circle Realty Trust
of North Andover
BY: c o Ltt FolUzrnsbee, Truste4X'
'9
1.5 OG 12 1979
Ina ?J -u
9
'September 18, 1981
Attorney "ohn J. Ii1illis, Sr., Town Counsel
160 Pleasant Street
North Andover, Mass. 01845
Re "S cott ' s Pond" - Andrew N rcl e Real ty Trust
D --Fr �ttornoy Willis:
Would you kindly ppovide Vhe goard of Appeals with a cony of
the court derision on Scott's Pond, wnich we believe wa's' decided
]I in July 01 this ye,r.
Thank you for your attention in this miatter.
Sincerely,
BOARD OF APPEALS
Frank, Serio, Or., Chairman
FS/jw
REIVE0
CT 5 -1979
Ln
!9
12 C)
lk�: CA u, 14
.1; [Z-4 -V
Daniel Long, Town Clerk
Town Office Building
North Andover, Mla.
Dear Mr. Long:
01
0
SUCH
TOWN OF NORTH ANDOVER
MASSACHUSETTS
BOARD OF APPEALS
Andrew Circle Realty Trust
Tnilalls & Salem StIn.,
Ietition
A public hearing Was held by the Roard of Appeals -,)pl iez
on July 9, 1979 itpon -ition of
Andrew Circle Realty Trust Who rccruested a !`33pecial Permit -tillder lec
S - 5 of the ",oning
By -Law so as to perm.it an earth removal operation on the promises locatod at the
southeast side of Ingalls St. and northeastL EAde of Sal C'm St.
as ShOW11 On a pljui of
land dated Jan. 81 1979. The following members were pruL;nnt and votin-: Fntnk Serio,
Jr Chairman; Alfred E. Friz`ellej Vioe-Chairman;. R. Louis DiPirut�cio, Clerk; James D.
Noble, Jr. ; and Richard J. Trepanier.
The hearing was advertised in the North Andover Citizen 'on June 21 &�28, 1979 and all
abutters were duly notified by regular mail.
The matter was subseq-uently discussed on Aue. 13, 3ept. 17, and Sept. 27, 19'(9. On
Sept. 27, 1979, upon motion made by James 101oblep seconded by Richard Trel),iiiier, the
Board voted unanimoUsly to D1124Y the Earth Romoval Permit. In m%-kinr, it- decition, the
Board found that the re(piest did not ineet the conditions set forth in Sec 10.31 of
the By -Law reCarding S ecial Permits.
jp
The petitioner sought an Darth Removal Permit for removal from the site off Salem St. of
approximately 100,000 cu. yds. of gravel* After full -ation of
di. ur��ion and c--.-r)lox
Several alternatives the Board voted to deny as per above.
Very truly yolirs,
lia, D OF APPKU
.1-lerio, Jr. , ChaiT'M-M
A �!�F:gb
ATTIST:
A True Copy
4ftw4nClerk
T
N,�
;(,Iiu 414
"iiii- 13,41-4
TOWN OF NORTH ANDOVER
MASSACHUSETTS
BOARD OF APPEALS
NOTICE OF DECISION
Date .... 0Gt. 51 19,19
.. . .......... ! ......
Petition No....' ".2.—!79. ..........
Date of Hearing J-Q1Y 9, 19"19
ANDI?r,'W CIRCLE 101ALTY TRUST ... ...... ... .....
Petition of .. .. ...
Premises affected & Slal.em Sts . . . ......... .
opecial penlit 1111!ler the
Referring to the above pefi.tion for a xaristi'm 11iR
Forth AnJq-%:r,r
it -tn (:�ivth �`('-:iow�l oporation. .... ..... ... .. . . .
so as to perm,
After a public hearing given on the above date the Board of Appeals voted to DhUy. the
Spec.ial Ferinit
permt- ...... ......... ... . .. ..... .
.. ..... A1�6KITX r6l [&Qi� b6ii diffe) nx.-
Signed
Frank Serio, Jr.,
Alfred, E. Frizelle, kTi.cc--.-',hairn,-Ln
R. Loui s DiFruscio, (,'I(,rk
Jrtmep D. Nobl e Jr.
Richard J. Tre7)anior
Board of Appeals
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41
CHUS
TOWN OF NORTH ANDOVER
MASSACHUSETTS
BOARD OF APPEALS
May 29, 1979
TO: BOARD OF HEALTH
CONSERVATION COMMISSION
POLICE DEPT.
PLANNING BOARD
HIGM-1AY SURVEYOR
BUILDING INSPECTOR
FROM: BCARD OF APPEALS
Attached hereto please find copy of plan submitted by Scott Follansbee (Andrew Circle
Realty Trust) showing Earth Removal site off Ingalls & Salem Sts. We request your
input before we make our decision on petition to be heard on July 9, 1979 -
May we have your comments and/or recommendations concerning this request for an
Earth Removal Permit no later than July 9, 1979- Please return plan with your
referral.
Thank you,
Frank Serio, Jr.,
Chairman
%v. I �' J,
LAWOFFICESOF- -
REGINALD L. MARDEN
23 CENTRAL STREET
ANDOVER, MASSACHUSETTS 01810
REGINALD L. MARDEN TEL. (617) 470-0477
WILLIAM W. CORCORAN
Mr. Daniel Long, Town Clerk
North Andover Town Hall
Main Street
North Andover, Massachusetts 01845
Dear Mr. Long:
STEPHEN J. BANDOIAN
OFCOUNSEL
October 23, 1979
Notice is hereby given of the appeal of the decision of the
North Andover Board of Appeals dated October 5, 1979, which denied
the application for an Earth Removal Permit of Andover Circle
Realty Trust. A copy of the complaint for such appeal is attached
hereto.
This notice is given pursuant to G.L.c. 40A, Section 17.
Very'fruly .1 yours,
,,,Regfnald L. Marden
RLM: tcp
ENCL.
OCT 23 1979
I IVC
COMEMEALTH OF MASSACHUSETTS
Essex, 8s
Superior Court
N 'JYC 7
William Konstantinakos and
V- Scott Follansbee, Trusteesof
Andrew Circle Realty Trust of North
Andover
Vlaiiitiff
.s
VS.
COMPLAINT
Frank Serio, Alfred E. Frizelle
R. Tuouis DiFruscio, James D. Nob'le, Jr.
and Richard J. Trepanier �jembers
of North Andover Boq:rd of Ap2e
li�_feri d 5j_�� _s
1. Plaintiffs'are adult individuals aCt4
,.:nL: under a Declaration
of Trust as trustee of Andiew circle Realty Trust of
North Andover, which trust -has a principal place of busine—
at 349 N . orth Main Street, Andover, Essex Cownty, 11assachu.-C"'t'1,-,
2. Defendants are members of the North Andover Board of Appea I ls,
an agpney of,the Town of North Andover with an office located
at North Andover Town Hall, North Andover, Essex County,
Massachusetts.
3. Jurisdiction -of the Court'is p'ursuant.to General Laws
Chapter 231A,..Genera.1 Laws, Chapter 40A, Section 17 and the
general equityjurisdiction of the Court.
4. On or about May 25, 91979, Plaintiff petitioned
the defendant board reques*t'
Ing a permit under ""ection
of the North Andover Zoning By -Laws so as to permit an
earth removal operation on the premises located at the
southeast side Of Ingalls Street and northeast side of
Salem Street as shown on a plan of land dated January 8,
1979..
5. On or about October 5, 19�9,' thedefendant denied the
Plaintiff�t said petition, finding that tho request did not
meet the conditions set forth in Section 10-31 of the North
Andover Zoning By -Law regarding Special Permits. A certified
W . OFFICES OF cOPY of the defendantb deci sion is attached hereto.
NALD U MARDEN 6- In making the said decision, the defendant exceeded its
CENTRAL STREET authority by relyin On the Special -Permit'provision-of
the Zoning
�VER, FAASS- 01810 By -Laws �Section 10.31) rather than relying on
the provision for Permits
! J (617) 470-0477 for Earth Removal (Section 5)
'i�1-4 . :�4
PlAintiffs areentitled to an Earth. Rei.nov al Permit with reGard
to the said premises as the Plaintiffs' petition met all
requi2ments under Section 5 of the Zoning By -Law.
8. In making the said decision, the defendant exceeded.*its
authority if the Special Permit provision applies to the
Plaintiffs' petition, in that the Plaint iffs Petition met
all conditions under Section '--0.341 of the ZoninG A�r-law.
9. Due to the fact that the Plaintifft' pet it i- on'T,,,�et all the
requirements of Section -1-0.3-1. of the Zoning By -Law, Plalintif fs
ai�e entitled to the Earth Removal Permit as requested.
10. In making the said decision, the delCendant exceeded its
authority as Section 5 of the Zoning By--I,-!aw which provides
4'
for Earth Removal Permits is involved. and
11. As a result of the defendant's illef-
.,a! actions, the Plaintif is
hbLve suffered substantial damages includin-- but not limited
L.o, loss of use of the said premises and a del -V 1n cons-
truction.
WIU,:REFORE, the Plaintiffs-praj for judgment as follovj.,,;:
'I. Annulliaent of.the decision of the defendant board.
2. .1��n order compellinb the Defendant board. t10 issue
the requested Earth Removal Permit to the Plaintifi-S
William Konstantinakos and
V. Scott Follansbee, Trustees
by qeir attorney , -
Yin! 2 ai;deii
Central Btreet
Andover, Mass. 018,10
LAW OFFICES OF
REGINALD L MARDEN
23 CENTRAL STREET
ANDOVER, MASS. 01820
TEU (617) 470-0477 11
Andrew Circle.Realty Trust
Applicant— of No . Tth Andover
1', -'Application is hereby made
Address 349.No., Main St. , Andover, MA 01810-
(a) For -a variance from the requirements of Sc�ction Paragraph
of the Zoning, By- -Laws.
XX (b) For a Special Permit'under Section' Paragraph 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 are land :.and buildings numbered
Street.
f (b) -Premises affected are property with f rontage on the Auk*Kx�
Solutheast FA=XXXXXXXT1W4XXXXXXXYi3ide-, of Ingalls
Street—,and
�3�WXNO. Northeast Sid of 1VffdWU: Salem.StFe—et
(c) Premises affected'are,in Zoning Distri
ct and -,the premises -
affected have an area.of and frontagel%�-af'��- feet.
3 Ownership:
(a) Name and address of -owner (if joint ownership,give all
Andrew-Circle.RE,alty Trust of North Andover, 349 No. Main
St.., Andover, MA 01810
Date of purchase. Previous owner Mary�-Jane. Dunn_
(b) If applicant is not owner, chetk his interest -in the premis as:
Prospective purchaser
Lessee
Other (expldin�
4.,size of proposed buildi:n - front-
9- feet -deep.
Height: stories; feet.
(a Approximate date of erection
Occupancy,or use (of each floor):
(c Type of cons
5. Size of Existing Building:
feet front;. 'Leet deep,
Height- stories feet.
Approximate- date of erection
b Occupancy or use (of each f loor3:
(c) Type of cons
6. Has there been a previous appeall under zoning, on these premises: NO
If so, when 'I
7. Description of relief sought onthis petition:,#l. variance from-*requ'rement that�
plans, submitted be.scaled 1" 401 and permissi J�
on to submit plans scaled 1" = 8�01.
2. Request Earth.-Removal.Permit as specified in Zoning By—laws, Section 5..
8. Deed
recorded in
the
Registry of Deeds
in Book 1361 Page 258 or Land
TOWN OF NORTH ANDOVER
Certificate
A.
Book
AY Z9 1979
MASSACHUSETTS
NIAL 011,
_-BOARD OF"'APPEALS
NOTICE:' This application must.be
ACHUSE
typewritten.
PPLICATION FOR RE -L= FROM THE- REQUIRMENTS�, OF THE— ONING
0 Z
ORDINANCE
Andrew Circle.Realty Trust
Applicant— of No . Tth Andover
1', -'Application is hereby made
Address 349.No., Main St. , Andover, MA 01810-
(a) For -a variance from the requirements of Sc�ction Paragraph
of the Zoning, By- -Laws.
XX (b) For a Special Permit'under Section' Paragraph 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 are land :.and buildings numbered
Street.
f (b) -Premises affected are property with f rontage on the Auk*Kx�
Solutheast FA=XXXXXXXT1W4XXXXXXXYi3ide-, of Ingalls
Street—,and
�3�WXNO. Northeast Sid of 1VffdWU: Salem.StFe—et
(c) Premises affected'are,in Zoning Distri
ct and -,the premises -
affected have an area.of and frontagel%�-af'��- feet.
3 Ownership:
(a) Name and address of -owner (if joint ownership,give all
Andrew-Circle.RE,alty Trust of North Andover, 349 No. Main
St.., Andover, MA 01810
Date of purchase. Previous owner Mary�-Jane. Dunn_
(b) If applicant is not owner, chetk his interest -in the premis as:
Prospective purchaser
Lessee
Other (expldin�
4.,size of proposed buildi:n - front-
9- feet -deep.
Height: stories; feet.
(a Approximate date of erection
Occupancy,or use (of each floor):
(c Type of cons
5. Size of Existing Building:
feet front;. 'Leet deep,
Height- stories feet.
Approximate- date of erection
b Occupancy or use (of each f loor3:
(c) Type of cons
6. Has there been a previous appeall under zoning, on these premises: NO
If so, when 'I
7. Description of relief sought onthis petition:,#l. variance from-*requ'rement that�
plans, submitted be.scaled 1" 401 and permissi J�
on to submit plans scaled 1" = 8�01.
2. Request Earth.-Removal.Permit as specified in Zoning By—laws, Section 5..
8. Deed
recorded in
the
Registry of Deeds
in Book 1361 Page 258 or Land
Court
Certificate
No.,
Book
Page—
9, The principal points upon which I ba'se my application are as
4� r% 1 1 n1a.q ! ( Un I.q f- h P q f --,q f -.e A i n A n I- " -I' I N
1. We are creating 'a 5.5 acres pond wbichfi-&s been ap
proved J)y the Conservation Commission.
In -so,doiifg, we will-cr6ate �a 's�t'iiplus of materiial' that Icari.be us'ed', on my–own construction
u
projects and also by the,ITOwn'in+r'oad 6onstr ction and re�air
2. 1 have made an agreem efit with the Highway Surveyor to sell approximately 30,000 yards of
material to the Town of.,,.North Andover at a reasonable price. This price, and the proximity
of the material to the ' -,,'koj�cts ior which theTown requiies.it will'enable the Town to save
a considerable amount-,of"..'money over the cost of purchasing the M'aierial elsewhere and trtcking
it to the site.
.3. -The-final disposition,of the pond and the land surrounding it is to deed this area to
the To-wm of North Andover. An ad hoc committee of the Town has.been formed, -t'o de'cide the
beSt use of the land for the benefit of the public and also to which departmeicit the cotipleted
-pond should be deedled for :CutLtre administration of the site.
I agree to�,paX �ror auverr-
Is-l'ng in newspaper and incidental expenses.
Petitioner'- igna ur
S S, t e)
V-1sbott Follansbee, Trustee or Andriw-circle Realty Trust of North_An_cT6—Ver
Sec. I APPLICATION FORM
Every application for action by the Board'shall be made on
a form approved by the Board. These forms shall be furnished by the
clerk upon request. Any c0mmunicat�lon purporting to be an a . pplication'
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
therein prescribed..
Every application shall be submitted with a li�t of "Parties
in Interest" which list shall include the petitionerp abidtterso owners
of land directly opposite on any public or private street or way and
owners of land within three hundred -feet of the property line all as
they appear on�.-the most recent applicable tax list., notwithstanding th�at
the land of any' such owner is located in another city or townp the
planning board of: -.the town and the planning board of every abutting city
ortown.
Every application shall be submitted with an application fee
sufficient to -cover,the cost Of postage of notice to all parties in
terest. in -
LIST OF PARTIES IN INTEREST
NAME
ADDRESS
CommonweaM-,iof Massachusetts Dept f Natur.al*.Resources, S - tate House, Bosioi Mass.
�Tom of North Andover Board of Selec-tmoen Tom Hall
-
Ernest N. -Southwick
Main Street
-Ingalls Street$.No, An , No. Andover., mass, 01845
doverp Mass. 01845,
Harold'W. Fraize
James J. & Winifred F. Dunn
Ingalls Street''
., North Andover, Mass. 01845
George H. and Tianda H. Farr
1285 S&m Street.9 North Andover., Mass. 01845
Ronald G. & Carla M..Swetra
1785 Salem Street, North Andover, Mass, 01845
Wilmar Properties, Inc.
E & F Builderss Inc.
Z Whittier Terracep 'West Boxford$ Mass, 01921
Center
To,wnship Realty Trust'
..35 Street$ Burlington$ Mass. 01803
754 Forest Street2 North Andover., Mass. o1845
Jays an Re:1 ty., Inc.
R & W Builders Inc.
754 Forest, Str'eet,0 North Andaver,9, Mass, 01845
18
ftghth Stree"
t.,._Tevksbury,_Mass. 01886
A
rIDD ADDITIONAL SHEETS IF NECESSARY..